HB0439 Enrolled

LRB095 04098 RLC 24136 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 12-2 as follows:
 



6
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


7
    Sec. 12-2. Aggravated assault. 

8
    (a) A person commits an aggravated assault, when, in 
9
committing an
assault, he:


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

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

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;


23
        (2) Is hooded, robed or masked in such manner as to 
 


 






HB0439 Enrolled
- 2 -
LRB095 04098 RLC 24136 b




1
    conceal his
identity or any device manufactured and 
2
    designed to be substantially
similar in appearance to a 
3
    firearm;


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;


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;


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

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

26
    being interviewed or investigated in the employees' 
 


 






HB0439 Enrolled
- 3 -
LRB095 04098 RLC 24136 b




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;


4
        (6) Knows the individual assaulted to be a peace 
5
    officer, or a community
policing volunteer, or a fireman

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

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

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;


15
        (7) Knows the individual assaulted to be
an emergency 
16
    medical technician - ambulance, emergency medical

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,

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, 
 


 






HB0439 Enrolled
- 4 -
LRB095 04098 RLC 24136 b




1
    emergency medical technician - paramedic,
ambulance 
2
    driver, or other medical assistance or first aid personnel

3
    performing his official duties;


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

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;


13
        (9) Or the individual assaulted is on or about a public 
14
    way, public
property, or public place of accommodation or 
15
    amusement;

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;


26
        (10) Knows the individual assaulted to be an employee 
 


 






HB0439 Enrolled
- 5 -
LRB095 04098 RLC 24136 b




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;


4
        (11) Knowingly and without legal justification, 
5
    commits an assault on
a physically handicapped person;


6
        (12) Knowingly and without legal justification, 
7
    commits an assault on a
person 60 years of age or older;


8
        (13) Discharges a firearm, other than from a motor 
9
    vehicle;

10
        (13.5) Discharges a firearm from a motor vehicle;


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;


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

25
    assault is committed other than by the discharge of a 
26
    firearm in the direction
of the employee or in the 
 


 






HB0439 Enrolled
- 6 -
LRB095 04098 RLC 24136 b




1
    direction of a vehicle occupied by the employee;



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

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 .

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 
 


 






HB0439 Enrolled
- 7 -
LRB095 04098 RLC 24136 b




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.

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.

10
    (b) Sentence.

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

15
Section and as defined in subsection (a-5) of this Section is a 
16
Class 4
felony.  Aggravated assault as defined in paragraphs

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

22
assault. Aggravated assault as defined in paragraph (13.5) of 
23
subsection (a) is a Class 3 felony.


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.)


 
26
    Section 99. Effective date. This Act takes effect upon 
 


 






HB0439 Enrolled
- 8 -
LRB095 04098 RLC 24136 b




1
becoming law.