103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1461

 

Introduced 1/31/2023, by Rep. Tony M. McCombie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Provides that the Act may be referred to as the Knight-Silas Act. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she: (1) knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee; and (2) is, at the time of the commission of the offense, 21 years of age or older and causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee: (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties. Provides that "Department of Children and Family Services employee" includes any (i) Department case worker or (ii) investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services. Provides that a violation is a Class 2 felony. Provides that if the battery causes great bodily harm or permanent disability or disfigurement to the employee, the penalty is a Class 1 felony.


LRB103 25278 RLC 51622 b

 

 

A BILL FOR

 

HB1461LRB103 25278 RLC 51622 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Knight-Silas
5Act.
 
6    Section 5. The Criminal Code of 2012 is amended by
7changing Section 12-3.05 as follows:
 
8    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
9    Sec. 12-3.05. Aggravated battery.
10    (a) Offense based on injury. A person commits aggravated
11battery when, in committing a battery, other than by the
12discharge of a firearm, he or she knowingly does any of the
13following:
14        (1) Causes great bodily harm or permanent disability
15    or disfigurement.
16        (2) Causes severe and permanent disability, great
17    bodily harm, or disfigurement by means of a caustic or
18    flammable substance, a poisonous gas, a deadly biological
19    or chemical contaminant or agent, a radioactive substance,
20    or a bomb or explosive compound.
21        (3) Causes great bodily harm or permanent disability
22    or disfigurement to an individual whom the person knows to

 

 

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1    be a peace officer, community policing volunteer, fireman,
2    private security officer, correctional institution
3    employee, or Department of Human Services employee
4    supervising or controlling sexually dangerous persons or
5    sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (3.1) Is, at the time of the commission of the
12    offense, 21 years of age or older and causes great bodily
13    harm or permanent disability or disfigurement to an
14    individual whom the person knows to be a Department of
15    Children and Family Services employee:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability
22    or disfigurement to an individual 60 years of age or
23    older.
24        (5) Strangles another individual.
25    (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

 

 

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1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4        (1) causes great bodily harm or permanent disability
5    or disfigurement to any child under the age of 13 years, or
6    to any person with a severe or profound intellectual
7    disability; or
8        (2) causes bodily harm or disability or disfigurement
9    to any child under the age of 13 years or to any person
10    with a severe or profound intellectual disability.
11    (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19    (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23        (1) A person 60 years of age or older.
24        (2) A person who is pregnant or has a physical
25    disability.
26        (3) A teacher or school employee upon school grounds

 

 

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1    or grounds adjacent to a school or in any part of a
2    building used for school purposes.
3        (4) A peace officer, community policing volunteer,
4    fireman, private security officer, correctional
5    institution employee, or Department of Human Services
6    employee supervising or controlling sexually dangerous
7    persons or sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (4.1)(A) A Department of Children and Family Services
14    employee:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties; and
20        (B) the person committing the offense, at the time of
21    the commission of the offense, is 21 years of age or older.
22        (5) A judge, emergency management worker, emergency
23    medical services personnel, or utility worker:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

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1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (6) An officer or employee of the State of Illinois, a
4    unit of local government, or a school district, while
5    performing his or her official duties.
6        (7) A transit employee performing his or her official
7    duties, or a transit passenger.
8        (8) A taxi driver on duty.
9        (9) A merchant who detains the person for an alleged
10    commission of retail theft under Section 16-26 of this
11    Code and the person without legal justification by any
12    means causes bodily harm to the merchant.
13        (10) A person authorized to serve process under
14    Section 2-202 of the Code of Civil Procedure or a special
15    process server appointed by the circuit court while that
16    individual is in the performance of his or her duties as a
17    process server.
18        (11) A nurse while in the performance of his or her
19    duties as a nurse.
20        (12) A merchant: (i) while performing his or her
21    duties, including, but not limited to, relaying directions
22    for healthcare or safety from his or her supervisor or
23    employer or relaying health or safety guidelines,
24    recommendations, regulations, or rules from a federal,
25    State, or local public health agency; and (ii) during a
26    disaster declared by the Governor, or a state of emergency

 

 

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1    declared by the mayor of the municipality in which the
2    merchant is located, due to a public health emergency and
3    for a period of 6 months after such declaration.
4    (e) Offense based on use of a firearm. A person commits
5aggravated battery when, in committing a battery, he or she
6knowingly does any of the following:
7        (1) Discharges a firearm, other than a machine gun or
8    a firearm equipped with a silencer, and causes any injury
9    to another person.
10        (2) Discharges a firearm, other than a machine gun or
11    a firearm equipped with a silencer, and causes any injury
12    to a person he or she knows to be a peace officer,
13    community policing volunteer, person summoned by a police
14    officer, fireman, private security officer, correctional
15    institution employee, or emergency management worker:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (3) Discharges a firearm, other than a machine gun or
22    a firearm equipped with a silencer, and causes any injury
23    to a person he or she knows to be emergency medical
24    services personnel:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (4) Discharges a firearm and causes any injury to a
5    person he or she knows to be a teacher, a student in a
6    school, or a school employee, and the teacher, student, or
7    employee is upon school grounds or grounds adjacent to a
8    school or in any part of a building used for school
9    purposes.
10        (5) Discharges a machine gun or a firearm equipped
11    with a silencer, and causes any injury to another person.
12        (6) Discharges a machine gun or a firearm equipped
13    with a silencer, and causes any injury to a person he or
14    she knows to be a peace officer, community policing
15    volunteer, person summoned by a police officer, fireman,
16    private security officer, correctional institution
17    employee or emergency management worker:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (7) Discharges a machine gun or a firearm equipped
24    with a silencer, and causes any injury to a person he or
25    she knows to be emergency medical services personnel:
26            (i) performing his or her official duties;

 

 

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1            (ii) battered to prevent performance of his or her
2        official duties; or
3            (iii) battered in retaliation for performing his
4        or her official duties.
5        (8) Discharges a machine gun or a firearm equipped
6    with a silencer, and causes any injury to a person he or
7    she knows to be a teacher, or a student in a school, or a
8    school employee, and the teacher, student, or employee is
9    upon school grounds or grounds adjacent to a school or in
10    any part of a building used for school purposes.
11    (f) Offense based on use of a weapon or device. A person
12commits aggravated battery when, in committing a battery, he
13or she does any of the following:
14        (1) Uses a deadly weapon other than by discharge of a
15    firearm, or uses an air rifle as defined in Section
16    24.8-0.1 of this Code.
17        (2) Wears a hood, robe, or mask to conceal his or her
18    identity.
19        (3) Knowingly and without lawful justification shines
20    or flashes a laser gunsight or other laser device attached
21    to a firearm, or used in concert with a firearm, so that
22    the laser beam strikes upon or against the person of
23    another.
24        (4) Knowingly video or audio records the offense with
25    the intent to disseminate the recording.
26    (g) Offense based on certain conduct. A person commits

 

 

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1aggravated battery when, other than by discharge of a firearm,
2he or she does any of the following:
3        (1) Violates Section 401 of the Illinois Controlled
4    Substances Act by unlawfully delivering a controlled
5    substance to another and any user experiences great bodily
6    harm or permanent disability as a result of the injection,
7    inhalation, or ingestion of any amount of the controlled
8    substance.
9        (2) Knowingly administers to an individual or causes
10    him or her to take, without his or her consent or by threat
11    or deception, and for other than medical purposes, any
12    intoxicating, poisonous, stupefying, narcotic,
13    anesthetic, or controlled substance, or gives to another
14    person any food containing any substance or object
15    intended to cause physical injury if eaten.
16        (3) Knowingly causes or attempts to cause a
17    correctional institution employee or Department of Human
18    Services employee to come into contact with blood, seminal
19    fluid, urine, or feces by throwing, tossing, or expelling
20    the fluid or material, and the person is an inmate of a
21    penal institution or is a sexually dangerous person or
22    sexually violent person in the custody of the Department
23    of Human Services.
24    (h) Sentence. Unless otherwise provided, aggravated
25battery is a Class 3 felony.
26    Aggravated battery as defined in subdivision (a)(4),

 

 

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1(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
2    Aggravated battery as defined in subdivision (a)(3),
3(a)(3.1), or (g)(1) is a Class 1 felony.
4    Aggravated battery as defined in subdivision (a)(1) is a
5Class 1 felony when the aggravated battery was intentional and
6involved the infliction of torture, as defined in paragraph
7(14) of subsection (b) of Section 9-1 of this Code, as the
8infliction of or subjection to extreme physical pain,
9motivated by an intent to increase or prolong the pain,
10suffering, or agony of the victim.
11    Aggravated battery as defined in subdivision (a)(1) is a
12Class 2 felony when the person causes great bodily harm or
13permanent disability to an individual whom the person knows to
14be a member of a congregation engaged in prayer or other
15religious activities at a church, synagogue, mosque, or other
16building, structure, or place used for religious worship.
17    Aggravated battery under subdivision (a)(5) is a Class 1
18felony if:
19        (A) the person used or attempted to use a dangerous
20    instrument while committing the offense;
21        (B) the person caused great bodily harm or permanent
22    disability or disfigurement to the other person while
23    committing the offense; or
24        (C) the person has been previously convicted of a
25    violation of subdivision (a)(5) under the laws of this
26    State or laws similar to subdivision (a)(5) of any other

 

 

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1    state.
2    Aggravated battery as defined in subdivision (e)(1) is a
3Class X felony.
4    Aggravated battery as defined in subdivision (a)(2) is a
5Class X felony for which a person shall be sentenced to a term
6of imprisonment of a minimum of 6 years and a maximum of 45
7years.
8    Aggravated battery as defined in subdivision (e)(5) is a
9Class X felony for which a person shall be sentenced to a term
10of imprisonment of a minimum of 12 years and a maximum of 45
11years.
12    Aggravated battery as defined in subdivision (e)(2),
13(e)(3), or (e)(4) is a Class X felony for which a person shall
14be sentenced to a term of imprisonment of a minimum of 15 years
15and a maximum of 60 years.
16    Aggravated battery as defined in subdivision (e)(6),
17(e)(7), or (e)(8) is a Class X felony for which a person shall
18be sentenced to a term of imprisonment of a minimum of 20 years
19and a maximum of 60 years.
20    Aggravated battery as defined in subdivision (b)(1) is a
21Class X felony, except that:
22        (1) if the person committed the offense while armed
23    with a firearm, 15 years shall be added to the term of
24    imprisonment imposed by the court;
25        (2) if, during the commission of the offense, the
26    person personally discharged a firearm, 20 years shall be

 

 

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1    added to the term of imprisonment imposed by the court;
2        (3) if, during the commission of the offense, the
3    person personally discharged a firearm that proximately
4    caused great bodily harm, permanent disability, permanent
5    disfigurement, or death to another person, 25 years or up
6    to a term of natural life shall be added to the term of
7    imprisonment imposed by the court.
8    (i) Definitions. In this Section:
9    "Building or other structure used to provide shelter" has
10the meaning ascribed to "shelter" in Section 1 of the Domestic
11Violence Shelters Act.
12    "Department of Children and Family Services employee"
13includes any (i) Department case worker or (ii) investigator
14employed by an agency or organization providing social work,
15case work, or investigative services under a contract with or
16a grant from the Department of Children and Family Services.
17    "Domestic violence" has the meaning ascribed to it in
18Section 103 of the Illinois Domestic Violence Act of 1986.
19    "Domestic violence shelter" means any building or other
20structure used to provide shelter or other services to victims
21or to the dependent children of victims of domestic violence
22pursuant to the Illinois Domestic Violence Act of 1986 or the
23Domestic Violence Shelters Act, or any place within 500 feet
24of such a building or other structure in the case of a person
25who is going to or from such a building or other structure.
26    "Firearm" has the meaning provided under Section 1.1 of

 

 

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1the Firearm Owners Identification Card Act, and does not
2include an air rifle as defined by Section 24.8-0.1 of this
3Code.
4    "Machine gun" has the meaning ascribed to it in Section
524-1 of this Code.
6    "Merchant" has the meaning ascribed to it in Section
716-0.1 of this Code.
8    "Strangle" means intentionally impeding the normal
9breathing or circulation of the blood of an individual by
10applying pressure on the throat or neck of that individual or
11by blocking the nose or mouth of that individual.
12(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)