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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 12-2 as follows:
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6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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7 | Sec. 12-2. Aggravated assault.
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8 | (a) A person commits an aggravated assault, when, in | ||||||
9 | committing an
assault, he:
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10 | (1) Uses a deadly weapon or any device manufactured and | ||||||
11 | designed to be
substantially similar in appearance to a | ||||||
12 | firearm, other than by
discharging a firearm in the | ||||||
13 | direction of another person, a peace
officer, a person | ||||||
14 | summoned or directed by a peace officer, a correctional
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15 | officer or a fireman or in the direction of a vehicle | ||||||
16 | occupied by another
person, a peace officer, a person | ||||||
17 | summoned or directed by a peace officer,
a correctional | ||||||
18 | officer or a fireman while the officer or fireman is
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19 | engaged in the execution of any of his official duties, or | ||||||
20 | to prevent the
officer or fireman from performing his | ||||||
21 | official duties, or in retaliation
for the officer or | ||||||
22 | fireman performing his official duties;
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23 | (2) Is hooded, robed or masked in such manner as to |
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1 | conceal his
identity or any device manufactured and | ||||||
2 | designed to be substantially
similar in appearance to a | ||||||
3 | firearm;
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4 | (3) Knows the individual assaulted to be a teacher or | ||||||
5 | other person
employed in any school and such teacher or | ||||||
6 | other employee is upon the
grounds of a school or grounds | ||||||
7 | adjacent thereto, or is in any part of a
building used for | ||||||
8 | school purposes;
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9 | (4) Knows the individual assaulted to be a supervisor, | ||||||
10 | director,
instructor or other person employed in any park | ||||||
11 | district and such
supervisor, director, instructor or | ||||||
12 | other employee is upon the grounds of
the park or grounds | ||||||
13 | adjacent thereto, or is in any part of a building used
for | ||||||
14 | park purposes;
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15 | (5) Knows the individual assaulted to be a caseworker, | ||||||
16 | investigator, or
other person employed by the Department of | ||||||
17 | Healthcare and Family Services (formerly State Department | ||||||
18 | of Public Aid ) , a
County
Department of Public Aid, or the | ||||||
19 | Department of Human Services (acting as
successor to the | ||||||
20 | Illinois Department of Public Aid under the Department of
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21 | Human Services Act) and such caseworker, investigator, or | ||||||
22 | other person
is upon the grounds of a public aid office or | ||||||
23 | grounds adjacent thereto, or
is in any part of a building | ||||||
24 | used for public aid purposes, or upon the
grounds of a home | ||||||
25 | of a public aid applicant, recipient or any other person
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26 | being interviewed or investigated in the employees' |
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1 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
2 | is in any part of a building in
which the applicant, | ||||||
3 | recipient, or other such person resides or is located;
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4 | (6) Knows the individual assaulted to be a peace | ||||||
5 | officer, or a community
policing volunteer, or a fireman
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6 | while the officer or fireman is engaged in the execution of | ||||||
7 | any of his
official duties, or to prevent the officer, | ||||||
8 | community policing volunteer,
or fireman from performing
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9 | his official duties, or in retaliation for the officer, | ||||||
10 | community policing
volunteer, or fireman
performing his | ||||||
11 | official duties, and the assault is committed other than by
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12 | the discharge of a firearm in the direction of the officer | ||||||
13 | or fireman or
in the direction of a vehicle occupied by the | ||||||
14 | officer or fireman;
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15 | (7) Knows the individual assaulted to be
an emergency | ||||||
16 | medical technician - ambulance, emergency medical
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17 | technician - intermediate, emergency medical technician - | ||||||
18 | paramedic, ambulance
driver or other medical
assistance or | ||||||
19 | first aid personnel engaged in the
execution of any of his | ||||||
20 | official duties, or to prevent the
emergency medical | ||||||
21 | technician - ambulance, emergency medical
technician - | ||||||
22 | intermediate, emergency medical technician - paramedic,
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23 | ambulance driver, or other medical assistance or first aid | ||||||
24 | personnel from
performing his official duties, or in | ||||||
25 | retaliation for the
emergency medical technician - | ||||||
26 | ambulance, emergency medical
technician - intermediate, |
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1 | emergency medical technician - paramedic,
ambulance | ||||||
2 | driver, or other medical assistance or first aid personnel
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3 | performing his official duties;
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4 | (8) Knows the individual assaulted to be the driver, | ||||||
5 | operator, employee
or passenger of any transportation | ||||||
6 | facility or system engaged in the
business of | ||||||
7 | transportation of the public for hire and the individual
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8 | assaulted is then performing in such capacity or then using | ||||||
9 | such public
transportation as a passenger or using any area | ||||||
10 | of any description
designated by the transportation | ||||||
11 | facility or system as a vehicle boarding,
departure, or | ||||||
12 | transfer location;
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13 | (9) Or the individual assaulted is on or about a public | ||||||
14 | way, public
property, or public place of accommodation or | ||||||
15 | amusement;
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16 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
17 | publicly or privately owned sports or entertainment arena, | ||||||
18 | stadium, community or convention hall, special event | ||||||
19 | center, amusement facility, or a special event center in a | ||||||
20 | public park during any 24-hour period when a professional | ||||||
21 | sporting event, National Collegiate Athletic Association | ||||||
22 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
23 | Committee-sanctioned sporting event, or International | ||||||
24 | Olympic Committee-sanctioned sporting event is taking | ||||||
25 | place in this venue;
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26 | (10) Knows the individual assaulted to be an employee |
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1 | of the State of
Illinois, a municipal corporation therein | ||||||
2 | or a political subdivision
thereof, engaged in the | ||||||
3 | performance of his authorized duties as such
employee;
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4 | (11) Knowingly and without legal justification, | ||||||
5 | commits an assault on
a physically handicapped person;
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6 | (12) Knowingly and without legal justification, | ||||||
7 | commits an assault on a
person 60 years of age or older;
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8 | (13) Discharges a firearm , other than from a motor | ||||||
9 | vehicle ;
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10 | (13.5) Discharges a firearm from a motor vehicle;
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11 | (14) Knows the individual assaulted to be a | ||||||
12 | correctional officer, while
the officer is engaged in the | ||||||
13 | execution of any of his or her official duties,
or to | ||||||
14 | prevent the officer from performing his or her official | ||||||
15 | duties, or in
retaliation for the officer performing his or | ||||||
16 | her official duties;
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17 | (15) Knows the individual assaulted to be a | ||||||
18 | correctional employee or
an employee of the Department of | ||||||
19 | Human Services supervising or controlling
sexually | ||||||
20 | dangerous persons or sexually violent persons, while
the | ||||||
21 | employee is engaged in the execution of any of his or her | ||||||
22 | official duties,
or to prevent the employee from performing | ||||||
23 | his or her official duties, or in
retaliation for the | ||||||
24 | employee performing his or her official duties, and the
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25 | assault is committed other than by the discharge of a | ||||||
26 | firearm in the direction
of the employee or in the |
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1 | direction of a vehicle occupied by the employee;
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2 | (16) Knows the individual assaulted to be an employee | ||||||
3 | of a police or
sheriff's department engaged in the | ||||||
4 | performance of his or her official duties
as such employee; | ||||||
5 | or
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6 | (17) Knows the individual assaulted to be a sports | ||||||
7 | official or coach at any level of competition and the act | ||||||
8 | causing the assault to the sports official or coach | ||||||
9 | occurred within an athletic facility or an indoor or | ||||||
10 | outdoor playing field or within the immediate vicinity of | ||||||
11 | the athletic facility or an indoor or outdoor playing field | ||||||
12 | at which the sports official or coach was an active | ||||||
13 | participant in the athletic contest held at the athletic | ||||||
14 | facility. For the purposes of this paragraph (17), "sports | ||||||
15 | official" means a person at an athletic contest who | ||||||
16 | enforces the rules of the contest, such as an umpire or | ||||||
17 | referee; and "coach" means a person recognized as a coach | ||||||
18 | by the sanctioning authority that conducted the athletic | ||||||
19 | contest ; or .
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20 | (18) Knows the individual assaulted to be an emergency | ||||||
21 | management
worker, while the emergency management worker | ||||||
22 | is engaged in the execution of
any of his or her official | ||||||
23 | duties,
or to prevent the emergency management worker from | ||||||
24 | performing his or her
official duties, or in retaliation | ||||||
25 | for the emergency management worker
performing his or her | ||||||
26 | official duties, and the assault is committed other than
by |
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1 | the discharge of a firearm in the direction of the | ||||||
2 | emergency management
worker or in the direction of a | ||||||
3 | vehicle occupied by the emergency management
worker.
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4 | (a-5) A person commits an aggravated assault when he or she | ||||||
5 | knowingly and
without lawful justification shines or flashes a | ||||||
6 | laser gunsight or other laser
device that is attached or | ||||||
7 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
8 | that the laser beam strikes near or in the immediate vicinity | ||||||
9 | of
any person.
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10 | (b) Sentence.
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11 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
12 | and (8) through
(12) and (17) of subsection (a) of this Section | ||||||
13 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
14 | paragraphs (13), (14), and (15) of subsection (a) of this
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15 | Section and as defined in subsection (a-5) of this Section is a | ||||||
16 | Class 4
felony. Aggravated assault as defined in paragraphs
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17 | (6), (7), (16), and (18) of
subsection (a) of this Section is a | ||||||
18 | Class A misdemeanor if a firearm is not
used in the commission | ||||||
19 | of the assault. Aggravated assault as defined in
paragraphs | ||||||
20 | (6), (7), (16), and (18) of subsection (a) of this
Section is a | ||||||
21 | Class 4 felony if a firearm is used in the commission of the
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22 | assault. Aggravated assault as defined in paragraph (13.5) of | ||||||
23 | subsection (a) is a Class 3 felony.
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24 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
25 | eff. 1-1-06; revised 12-15-05.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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