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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 | Sections 12-2 and 12-4 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;
| ||||||
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
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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;
| ||||||
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;
| ||||||
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,
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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;
| ||||||
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;
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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;
| ||||||
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;
| ||||||
8 | (13) Discharges a firearm;
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9 | (14) Knows the individual assaulted to be a | ||||||
10 | correctional officer, while
the officer is engaged in the | ||||||
11 | execution of any of his or her official duties,
or to | ||||||
12 | prevent the officer from performing his or her official | ||||||
13 | duties, or in
retaliation for the officer performing his or | ||||||
14 | her official duties;
| ||||||
15 | (15) Knows the individual assaulted to be a | ||||||
16 | correctional employee or
an employee of the Department of | ||||||
17 | Human Services supervising or controlling
sexually | ||||||
18 | dangerous persons or sexually violent persons, while
the | ||||||
19 | employee is engaged in the execution of any of his or her | ||||||
20 | official duties,
or to prevent the employee from performing | ||||||
21 | his or her official duties, or in
retaliation for the | ||||||
22 | employee performing his or her official duties, and the
| ||||||
23 | assault is committed other than by the discharge of a | ||||||
24 | firearm in the direction
of the employee or in the | ||||||
25 | direction of a vehicle occupied by the employee;
| ||||||
26 | (16) Knows the individual assaulted to be an employee |
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1 | of a police or
sheriff's department engaged in the | ||||||
2 | performance of his or her official duties
as such employee; | ||||||
3 | or
| ||||||
4 | (17) Knows the individual assaulted to be a sports | ||||||
5 | official or coach at any level of competition and the act | ||||||
6 | causing the assault to the sports official or coach | ||||||
7 | occurred within an athletic facility or an indoor or | ||||||
8 | outdoor playing field or within the immediate vicinity of | ||||||
9 | the athletic facility or an indoor or outdoor playing field | ||||||
10 | at which the sports official or coach was an active | ||||||
11 | participant in the athletic contest held at the athletic | ||||||
12 | facility. For the purposes of this paragraph (17), "sports | ||||||
13 | official" means a person at an athletic contest who | ||||||
14 | enforces the rules of the contest, such as an umpire or | ||||||
15 | referee; and "coach" means a person recognized as a coach | ||||||
16 | by the sanctioning authority that conducted the athletic | ||||||
17 | contest ; .
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18 | (18) Knows the individual assaulted to be an emergency | ||||||
19 | management
worker, while the emergency management worker | ||||||
20 | is engaged in the execution of
any of his or her official | ||||||
21 | duties,
or to prevent the emergency management worker from | ||||||
22 | performing his or her
official duties, or in retaliation | ||||||
23 | for the emergency management worker
performing his or her | ||||||
24 | official duties, and the assault is committed other than
by | ||||||
25 | the discharge of a firearm in the direction of the | ||||||
26 | emergency management
worker or in the direction of a |
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1 | vehicle occupied by the emergency management
worker ; or
.
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2 | (19) Knowingly and without legal justification, | ||||||
3 | commits an assault on a severely or profoundly mentally | ||||||
4 | retarded person.
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5 | (a-5) A person commits an aggravated assault when he or she | ||||||
6 | knowingly and
without lawful justification shines or flashes a | ||||||
7 | laser gunsight or other laser
device that is attached or | ||||||
8 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
9 | that the laser beam strikes near or in the immediate vicinity | ||||||
10 | of
any person.
| ||||||
11 | (b) Sentence.
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12 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
13 | and (8) through
(12) and (17) and paragraph (19) of subsection | ||||||
14 | (a) of this Section is a Class A misdemeanor. Aggravated
| ||||||
15 | assault as defined in paragraphs (13), (14), and (15) of | ||||||
16 | subsection (a) of this
Section and as defined in subsection | ||||||
17 | (a-5) of this Section is a Class 4
felony. Aggravated assault | ||||||
18 | as defined in paragraphs
(6), (7), (16), and (18) of
subsection | ||||||
19 | (a) of this Section is a Class A misdemeanor if a firearm is | ||||||
20 | not
used in the commission of the assault. Aggravated assault | ||||||
21 | as defined in
paragraphs (6), (7), (16), and (18) of subsection | ||||||
22 | (a) of this
Section is a Class 4 felony if a firearm is used in | ||||||
23 | the commission of the
assault.
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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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1 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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2 | Sec. 12-4. Aggravated Battery.
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3 | (a) A person who, in committing a battery, intentionally or | ||||||
4 | knowingly
causes great bodily harm, or permanent disability or | ||||||
5 | disfigurement commits
aggravated battery.
| ||||||
6 | (b) In committing a battery, a person commits aggravated | ||||||
7 | battery if he or
she:
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8 | (1) Uses a deadly weapon other than by the discharge of | ||||||
9 | a firearm;
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10 | (2) Is hooded, robed or masked, in such manner as to | ||||||
11 | conceal his
identity;
| ||||||
12 | (3) Knows the individual harmed to be a teacher or | ||||||
13 | other person
employed in any school and such teacher or | ||||||
14 | other employee is upon the
grounds of a school or grounds | ||||||
15 | adjacent thereto, or is in any part of a
building used for | ||||||
16 | school purposes;
| ||||||
17 | (4) (Blank);
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18 | (5) (Blank);
| ||||||
19 | (6) Knows the individual harmed to be a community
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20 | policing volunteer while
such volunteer is engaged in the | ||||||
21 | execution of
any official duties, or to prevent the | ||||||
22 | volunteer from performing official duties, or in
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23 | retaliation for the volunteer performing official
duties, | ||||||
24 | and the battery is committed other than by the discharge of | ||||||
25 | a firearm;
| ||||||
26 | (7) Knows the individual harmed to be an emergency |
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1 | medical technician -
ambulance, emergency medical | ||||||
2 | technician - intermediate, emergency medical
technician - | ||||||
3 | paramedic, ambulance driver, other medical assistance, | ||||||
4 | first
aid personnel, or hospital personnel engaged in the
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5 | performance of any of his or her official duties,
or to | ||||||
6 | prevent the emergency medical technician - ambulance, | ||||||
7 | emergency medical
technician - intermediate, emergency | ||||||
8 | medical technician - paramedic, ambulance
driver, other | ||||||
9 | medical assistance, first aid personnel, or
hospital | ||||||
10 | personnel from performing
official duties, or in | ||||||
11 | retaliation for performing official duties;
| ||||||
12 | (8) Is, or the person battered is, on or about a public | ||||||
13 | way, public
property or public place of accommodation or | ||||||
14 | amusement;
| ||||||
15 | (8.5) Is, or the person battered is, on a publicly or | ||||||
16 | privately owned sports or entertainment arena, stadium, | ||||||
17 | community or convention hall, special event center, | ||||||
18 | amusement facility, or a special event center in a public | ||||||
19 | park during any 24-hour period when a professional sporting | ||||||
20 | event, National Collegiate Athletic Association | ||||||
21 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
22 | Committee-sanctioned sporting event, or International | ||||||
23 | Olympic Committee-sanctioned sporting event is taking | ||||||
24 | place in this venue;
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25 | (9) Knows the individual harmed to be the driver, | ||||||
26 | operator, employee
or passenger of any transportation |
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1 | facility or system engaged in the
business of | ||||||
2 | transportation of the public for hire and the individual
| ||||||
3 | assaulted is then performing in such capacity or then using | ||||||
4 | such public
transportation as a passenger or using any area | ||||||
5 | of any description
designated by the transportation | ||||||
6 | facility or system as a vehicle
boarding, departure, or | ||||||
7 | transfer location;
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8 | (10) Knows the individual harmed to be an individual of | ||||||
9 | 60 years of age or older;
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10 | (11) Knows the individual harmed is pregnant;
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11 | (12) Knows the individual harmed to be a judge whom the
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12 | person intended to harm as a result of the judge's | ||||||
13 | performance of his or
her official duties as a judge;
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14 | (13) (Blank);
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15 | (14) Knows the individual harmed to be a person who is | ||||||
16 | physically
handicapped;
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17 | (15) Knowingly and without legal justification and by | ||||||
18 | any means causes
bodily harm to a merchant who detains the | ||||||
19 | person for an alleged commission of
retail theft under | ||||||
20 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
21 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
22 | Code;
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23 | (16) Is, or the person battered is, in any building or | ||||||
24 | other structure
used to provide shelter or other services | ||||||
25 | to victims or to the dependent
children of victims of | ||||||
26 | domestic violence pursuant to the Illinois Domestic
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1 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
2 | or the person
battered is within 500 feet of such a | ||||||
3 | building or other structure while going
to or from such a | ||||||
4 | building or other structure. "Domestic violence" has the
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5 | meaning ascribed to it in Section 103 of the Illinois | ||||||
6 | Domestic Violence Act of
1986. "Building or other structure | ||||||
7 | used to provide shelter" has the meaning
ascribed to | ||||||
8 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
9 | Act;
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10 | (17) (Blank); or
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11 | (18) Knows the individual harmed to be an officer or | ||||||
12 | employee of the State of Illinois, a unit of local | ||||||
13 | government, or school district engaged in the performance | ||||||
14 | of his or her authorized duties as such officer or | ||||||
15 | employee ;
.
| ||||||
16 | (19)
(18) Knows the individual harmed to be an | ||||||
17 | emergency management worker
engaged in the performance of | ||||||
18 | any of his or her official duties, or to prevent
the | ||||||
19 | emergency management worker from performing official | ||||||
20 | duties, or in
retaliation for the emergency management | ||||||
21 | worker performing official duties ; or
.
| ||||||
22 | (20) Knows the individual harmed to be a person who is | ||||||
23 | severely or profoundly mentally retarded.
| ||||||
24 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
25 | Section, a
physically handicapped person is a person who | ||||||
26 | suffers from a permanent and
disabling physical |
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1 | characteristic, resulting from disease, injury,
functional | ||||||
2 | disorder or congenital condition.
| ||||||
3 | (c) A person who administers to an individual or causes him | ||||||
4 | to take,
without his consent or by threat or deception, and for | ||||||
5 | other than
medical purposes, any intoxicating, poisonous, | ||||||
6 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
7 | commits aggravated battery.
| ||||||
8 | (d) A person who knowingly gives to another person any food | ||||||
9 | that
contains any substance or object that is intended to cause | ||||||
10 | physical
injury if eaten, commits aggravated battery.
| ||||||
11 | (d-3) A person commits aggravated battery when he or she | ||||||
12 | knowingly and
without lawful justification shines or flashes a | ||||||
13 | laser gunsight or other laser
device that is attached or | ||||||
14 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
15 | that the laser beam strikes upon or against the person of | ||||||
16 | another.
| ||||||
17 | (d-5) An inmate of a penal institution or a sexually | ||||||
18 | dangerous person or a
sexually violent person in the custody of | ||||||
19 | the Department of Human Services
who causes or attempts to | ||||||
20 | cause a
correctional employee of the penal institution or an | ||||||
21 | employee of the
Department of Human Services to come into | ||||||
22 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
23 | throwing, tossing, or expelling that fluid
or material commits | ||||||
24 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
25 | "correctional employee" means a person who is employed by a | ||||||
26 | penal institution.
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| |||||||
1 | (e) Sentence.
| ||||||
2 | (1) Except as otherwise provided in paragraphs (2) and | ||||||
3 | (3), aggravated battery is a Class 3 felony. | ||||||
4 | (2) Aggravated battery that does not cause great bodily | ||||||
5 | harm or permanent disability or disfigurement is a Class 2 | ||||||
6 | felony when the person knows
the individual harmed to be a | ||||||
7 | peace officer, a community
policing volunteer, a | ||||||
8 | correctional institution employee, an
employee of the | ||||||
9 | Department of Human Services supervising or
controlling | ||||||
10 | sexually dangerous persons or sexually violent
persons, or | ||||||
11 | a fireman while such officer, volunteer, employee,
or | ||||||
12 | fireman is engaged in the execution of any official duties
| ||||||
13 | including arrest or attempted arrest, or to prevent the
| ||||||
14 | officer, volunteer, employee, or fireman from performing
| ||||||
15 | official duties, or in retaliation for the officer, | ||||||
16 | volunteer,
employee, or fireman performing official | ||||||
17 | duties, and the
battery is committed other than by the | ||||||
18 | discharge of a firearm.
| ||||||
19 | (3) Aggravated battery that causes great bodily harm or | ||||||
20 | permanent disability or disfigurement in
violation of | ||||||
21 | subsection (a)
is a Class 1 felony when the person knows | ||||||
22 | the individual harmed to be a peace
officer, a community
| ||||||
23 | policing volunteer, a correctional institution employee, | ||||||
24 | an employee
of the Department of Human Services supervising | ||||||
25 | or controlling sexually
dangerous persons or sexually | ||||||
26 | violent persons, or a fireman while
such officer, |
| |||||||
| |||||||
1 | volunteer, employee, or fireman is engaged in the execution | ||||||
2 | of
any official duties including arrest or attempted | ||||||
3 | arrest, or to prevent the
officer, volunteer, employee, or | ||||||
4 | fireman from performing official duties, or in
retaliation | ||||||
5 | for the officer, volunteer, employee, or fireman | ||||||
6 | performing official
duties, and the battery is committed | ||||||
7 | other than by the discharge of a firearm .
| ||||||
8 | (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | ||||||
9 | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | ||||||
10 | 94-482, eff. 1-1-06; revised 8-19-05.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|