103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3545

 

Introduced 2/17/2023, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 46/25
225 ILCS 46/27
225 ILCS 46/28
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.


LRB103 27569 AMQ 53945 b

 

 

A BILL FOR

 

HB3545LRB103 27569 AMQ 53945 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 5. The Health Care Worker Background Check Act is
5amended by changing Sections 25, 27, and 28 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Hiring of people with criminal records by health
8care employers and long-term care facilities.
9    (a) A health care employer or long-term care facility may
10hire, employ, or retain any individual in a position involving
11direct care for clients, patients, or residents, or access to
12the living quarters or the financial, medical, or personal
13records of clients, patients, or residents who has been
14convicted of committing or attempting to commit one or more of
15the following offenses, or any individual who fails to report
16to the Department any such individual who committed a
17violation described in this subsection, only with a waiver
18described in Section 40: those defined in Sections 8-1(b),
198-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
209-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7,
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
2211-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B,
2311-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4,

 

 

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112-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
212-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
312-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5, 12C-10,
416-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3,
518-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
624-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
7(a)(4) of Section 11-14.4, or in subsection (a) of Section
812-3 or subsection (a) or (b) of Section 12-4.4a, of the
9Criminal Code of 1961 or the Criminal Code of 2012; those
10provided in Section 4 of the Wrongs to Children Act; those
11provided in Section 53 of the Criminal Jurisprudence Act;
12those defined in subsection (c), (d), (e), (f), or (g) of
13Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
14Act; those defined in the Methamphetamine Control and
15Community Protection Act; those defined in Sections 401,
16401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
17Controlled Substances Act; or those defined in subsection (a)
18of Section 3.01, Section 3.02, or Section 3.03 of the Humane
19Care for Animals Act.
20    (a-1) A health care employer or long-term care facility
21may hire, employ, or retain any individual in a position
22involving direct care for clients, patients, or residents, or
23access to the living quarters or the financial, medical, or
24personal records of clients, patients, or residents who has
25been convicted of committing or attempting to commit one or
26more of the following offenses, or any individual who fails to

 

 

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1report to the Department any such individual who committed a
2violation described in this subsection, only with a waiver
3described in Section 40: those offenses defined in Section
412-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34,
517-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2,
6or 24-3.3, or subsection (b) of Section 17-32, subsection (b)
7of Section 18-1, or subsection (b) of Section 20-1, of the
8Criminal Code of 1961 or the Criminal Code of 2012; those
9offenses defined in Section 4, 5, 6, 8, or 17.02 of the
10Illinois Credit Card and Debit Card Act; those offenses
11defined in or Section 11-9.1A of the Criminal Code of 1961 or
12the Criminal Code of 2012 or Section 5.1 of the Wrongs to
13Children Act; or those offenses defined in (ii) violated
14Section 50-50 of the Nurse Practice Act.
15    A health care employer is not required to retain an
16individual in a position with duties involving direct care for
17clients, patients, or residents, and no long-term care
18facility is required to retain an individual in a position
19with duties that involve or may involve contact with residents
20or access to the living quarters or the financial, medical, or
21personal records of residents, who has been convicted of
22committing or attempting to commit one or more of the offenses
23enumerated in this subsection.
24    (b) A health care employer shall not hire, employ, or
25retain, whether paid or on a volunteer basis, any individual
26in a position with duties involving direct care of clients,

 

 

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1patients, or residents, and no long-term care facility shall
2knowingly hire, employ, or retain, whether paid or on a
3volunteer basis, any individual in a position with duties that
4involve or may involve contact with residents or access to the
5living quarters or the financial, medical, or personal records
6of residents, if the health care employer becomes aware that
7the individual: (i) has been convicted in another state of
8committing or attempting to commit an offense that has the
9same or similar elements as an offense listed in subsection
10(a) or (a-1), as verified by court records, records from a
11state agency, or an FBI criminal history record check; or (ii)
12has failed to report to the Department any such individual who
13committed in another state an offense listed in subsection (a)
14or (a-1), unless the applicant or employee obtains a waiver
15pursuant to Section 40 of this Act. This shall not be construed
16to mean that a health care employer has an obligation to
17conduct a criminal history records check in other states in
18which an employee has resided.
19    (c) A health care employer shall not hire, employ, or
20retain, whether paid or on a volunteer basis, any individual
21in a position with duties involving direct care of clients,
22patients, or residents, who has a finding by the Department of
23abuse, neglect, misappropriation of property, or theft denoted
24on the Health Care Worker Registry, or a finding by the
25Department denoted on the Health Care Worker Registry of
26failure to report neglect, misappropriation of property, or

 

 

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1theft to the Department.
2    (d) A health care employer shall not hire, employ, or
3retain, whether paid or on a volunteer basis, any individual
4in a position with duties involving direct care of clients,
5patients, or residents if the individual has a verified and
6substantiated finding of abuse, neglect, or financial
7exploitation, as identified within the Adult Protective
8Service Registry established under Section 7.5 of the Adult
9Protective Services Act, or any individual who fails to report
10to the Department any such individual who committed abuse,
11neglect, or financial exploitation.
12    (e) A health care employer shall not hire, employ, or
13retain, whether paid or on a volunteer basis, any individual
14in a position with duties involving direct care of clients,
15patients, or residents who has a finding by the Department of
16Human Services of physical or sexual abuse, financial
17exploitation, or egregious neglect of an individual denoted on
18the Health Care Worker Registry, or any individual who fails
19to report to the Department any such individual who committed
20the physical or sexual abuse, financial exploitation, or
21egregious neglect.
22    (f) Reports of violations required under this Section
23shall be made no later than 5 days after the incident
24constituting the violation.
25(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 

 

 

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1    (225 ILCS 46/27)
2    Sec. 27. Notice and hearing prior to designation on Health
3Care Worker Registry for offense.
4    (a) If the Department finds that an employee or former
5employee has abused or neglected a resident or misappropriated
6property of a resident, then the Department shall notify the
7employee or individual of this finding by certified mail sent
8to the address contained in the Health Care Worker Registry.
9The notice shall give the employee or individual an
10opportunity to contest the finding in a hearing before the
11Department or to submit a written response to the findings in
12lieu of requesting a hearing. As used in this subsection,
13"abuse" and "neglect" shall have the meanings provided in the
14Nursing Home Care Act, except that: (1) the term "resident" as
15used in those definitions shall have the meaning provided in
16this Act; and (ii) "abuse" and "neglect" shall include the
17failure to report any abuse, neglect, or misappropriation of a
18resident's property to the Department. As used in this
19subsection, "misappropriate property of a resident" shall have
20the meaning provided to "misappropriation of a resident's
21property" in the Nursing Home Care Act, except that the term
22"resident" as used in that definition shall have the meaning
23provided in this Act.
24    (b) The Department shall have the authority to hold
25hearings to be conducted by the Director, or by an individual
26designated by the Director as hearing officer to conduct the

 

 

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1hearing. On the basis of a hearing, or upon default of the
2employee, the Director shall make a determination specifying
3his or her findings and conclusions. A copy of the
4determination shall be sent by certified mail, return receipt
5requested, or served personally upon the employee to the
6address last provided by the employee to the Department.
7    (c) The procedure governing hearings authorized by this
8Section shall be in accordance with rules adopted by the
9Department. A full and complete record shall be kept of all
10proceedings, including the notice of hearing, and all other
11documents in the nature of pleadings, written motions filed in
12the proceedings, and the report and orders of the Director or
13the Director's designee. All testimony shall be reported but
14need not be transcribed unless the decision is sought to be
15reviewed under the Administrative Review Law. A copy or copies
16of the transcript and record of the proceedings may be
17obtained by any interested party subsequent to payment to the
18Department of the cost of preparing the copy or copies. All
19final administrative decisions of the Department under this
20Act are subject to judicial review under the Administrative
21Review Law and the rules adopted pursuant thereto. For
22purposes of this subsection, "administrative decision" has the
23meaning provided in Section 3-101 of the Code of Civil
24Procedure.
25    (d) The Department may issue subpoenas requiring the
26attendance and the giving of testimony by witnesses, and

 

 

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1subpoenas duces tecum requiring the production of books,
2papers, records, or memoranda. All subpoenas and subpoenas
3duces tecum issued under this Act may be served by mail or by
4any person of legal age. The fees of witnesses for attendance
5and travel shall be the same as the fees of witnesses before
6the courts of this State. The fees shall be paid when the
7witness is excused from further attendance. When the witness
8is subpoenaed at the instance of the Department, the fees
9shall be paid in the same manner as other expenses of the
10Department, and when the witness is subpoenaed at the instance
11of any other party to any such proceeding, the Department may
12require that the cost of service of the subpoena or subpoena
13duces tecum and the fee of the witness be borne by the party at
14whose instance the witness is summoned. A subpoena or subpoena
15duces tecum issued pursuant to this Section shall be served in
16the same manner as a subpoena issued by a circuit court.
17    (e) If, after a hearing or if the employee, or former
18employee, does not request a hearing, the Department finds
19that the employee, or former employee, abused a resident,
20neglected a resident, or misappropriated resident property, or
21failed to report any abuse, neglect, or misappropriation to
22the Department or makes any other applicable finding as set
23forth by rule, the finding shall be included as part of the
24Health Care Worker Registry as well as a clear and accurate
25summary from the employee, if he or she chooses to make a
26statement.

 

 

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1    (f) The Department shall make the following information in
2the Health Care Worker Registry available to the public: an
3individual's full name; the date an individual successfully
4completed a nurse aide training or competency evaluation; and
5whether the Department has made a finding that an employee, or
6former employee, has been guilty of abuse or neglect of a
7resident or misappropriation of resident property or failure
8to report any abuse, neglect, or misappropriation of resident
9property to the Department or has made any other applicable
10finding as set forth by rule. In the case of inquiries to the
11Health Care Worker Registry concerning an employee, or former
12employee, listed in the Health Care Worker Registry, any
13information disclosed concerning a finding shall also include
14disclosure of the employee's, or former employee's, statement
15in the Health Care Worker Registry relating to the finding or a
16clear and accurate summary of the statement.
17    (g) The Department shall add to the Health Care Worker
18Registry records of findings as reported by the Inspector
19General or remove from the Health Care Worker Registry records
20of findings as reported by the Department of Human Services,
21under subsection (s) of Section 1-17 of the Department of
22Human Services Act.
23    (h) Reports of violations required under this Section
24shall be made no later than 5 days after the incident
25constituting the violation.
26(Source: P.A. 100-432, eff. 8-25-17.)
 

 

 

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1    (225 ILCS 46/28)
2    Sec. 28. Designation on Registry for offense.
3    (a) The Department, after notice to the employee, or
4former employee, may denote on the Health Care Worker Registry
5that the Department has found any of the following:
6        (1) The employee, or former employee, has abused a
7    resident.
8        (2) The employee, or former employee, has neglected a
9    resident.
10        (3) The employee, or former employee, has
11    misappropriated resident property.
12        (3.5) The employee, or former employee, failed to
13    report abuse of a resident, neglect of a resident, or
14    misappropriation of resident property by another employee
15    or former employee to the Department.
16        (4) The employee, or former employee, has been
17    convicted of (i) a felony; (ii) a misdemeanor, an
18    essential element of which is dishonesty; or (iii) any
19    crime that is directly related to the duties of an
20    employee, a nursing assistant, habilitation aide, or child
21    care aide.
22    (b) Notice under this Section shall include a clear and
23concise statement of the grounds denoting abuse, neglect,
24theft, or other applicable finding, and notice of the
25opportunity for a hearing to contest the designation.

 

 

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1    (c) The Department shall document criminal history records
2check results pursuant to the requirements of this Act.
3    (d) After the designation of neglect on the Health Care
4Worker Registry, made pursuant to this Section, an employee,
5or former employee, may petition the Department for removal of
6a designation of neglect on the Health Care Worker Registry,
7after durations set forth within the Department's notice made
8pursuant to subsections (a) and (b) of this Section. Upon
9receipt of a petition, the Department may remove the
10designation for a finding of neglect after no less than one
11year, or the designation of applicable findings set forth by
12rule of an employee, or former employee, for minimum durations
13set forth by the Department, on the Health Care Worker
14Registry unless the Department determines that removal of
15designation is not in the public interest. The Department
16shall set forth by rule the discretionary factors by which
17designations of employees or former employees may be removed.
18    (e) Reports of violations required under this Section
19shall be made no later than 5 days after the incident
20constituting the violation.
21(Source: P.A. 100-432, eff. 8-25-17.)
 
22    Section 10. The Criminal Code of 2012 is amended by
23changing Section 12-3.05 as follows:
 
24    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)

 

 

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1    Sec. 12-3.05. Aggravated battery.
2    (a) Offense based on injury. A person commits aggravated
3battery when, in committing a battery, other than by the
4discharge of a firearm, he or she knowingly does any of the
5following:
6        (1) Causes great bodily harm or permanent disability
7    or disfigurement.
8        (2) Causes severe and permanent disability, great
9    bodily harm, or disfigurement by means of a caustic or
10    flammable substance, a poisonous gas, a deadly biological
11    or chemical contaminant or agent, a radioactive substance,
12    or a bomb or explosive compound.
13        (3) Causes great bodily harm or permanent disability
14    or disfigurement to an individual whom the person knows to
15    be a peace officer, community policing volunteer, fireman,
16    private security officer, correctional institution
17    employee, or Department of Human Services employee
18    supervising or controlling sexually dangerous persons or
19    sexually violent persons:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (4) Causes great bodily harm or permanent disability
26    or disfigurement to an individual 60 years of age or

 

 

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

 

 

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1        (1) A person 60 years of age or older.
2        (2) A person who is pregnant or has a physical
3    disability.
4        (3) A teacher or school employee upon school grounds
5    or grounds adjacent to a school or in any part of a
6    building used for school purposes.
7        (4) A peace officer, community policing volunteer,
8    fireman, private security officer, correctional
9    institution employee, or Department of Human Services
10    employee supervising or controlling sexually dangerous
11    persons or sexually violent persons:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (5) A judge, emergency management worker, emergency
18    medical services personnel, or utility worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (6) An officer or employee of the State of Illinois, a
25    unit of local government, or a school district, while
26    performing his or her official duties.

 

 

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

 

 

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1    Illinois Department of Human Services.
2        (14) A recipient at a community-integrated living
3    arrangement, as defined in the Community-Integrated Living
4    Arrangements Licensure and Certification Act, who is
5    battered by an employee of the community-integrated living
6    arrangement.
7    (e) Offense based on use of a firearm. A person commits
8aggravated battery when, in committing a battery, he or she
9knowingly does any of the following:
10        (1) Discharges a firearm, other than a machine gun or
11    a firearm equipped with a silencer, and causes any injury
12    to another person.
13        (2) Discharges a firearm, other than a machine gun or
14    a firearm equipped with a silencer, and causes any injury
15    to a person he or she knows to be a peace officer,
16    community policing volunteer, person summoned by a police
17    officer, fireman, private security officer, correctional
18    institution employee, or emergency management worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (3) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to a person he or she knows to be emergency medical

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (C) the person has been previously convicted of a
2    violation of subdivision (a)(5) under the laws of this
3    State or laws similar to subdivision (a)(5) of any other
4    state.
5    Aggravated battery as defined in subdivision (e)(1) is a
6Class X felony.
7    Aggravated battery as defined in subdivision (a)(2) is a
8Class X felony for which a person shall be sentenced to a term
9of imprisonment of a minimum of 6 years and a maximum of 45
10years.
11    Aggravated battery as defined in subdivision (e)(5) is a
12Class X felony for which a person shall be sentenced to a term
13of imprisonment of a minimum of 12 years and a maximum of 45
14years.
15    Aggravated battery as defined in subdivision (e)(2),
16(e)(3), or (e)(4) is a Class X felony for which a person shall
17be sentenced to a term of imprisonment of a minimum of 15 years
18and a maximum of 60 years.
19    Aggravated battery as defined in subdivision (e)(6),
20(e)(7), or (e)(8) is a Class X felony for which a person shall
21be sentenced to a term of imprisonment of a minimum of 20 years
22and a maximum of 60 years.
23    Aggravated battery as defined in subdivision (b)(1) is a
24Class X felony, except that:
25        (1) if the person committed the offense while armed
26    with a firearm, 15 years shall be added to the term of

 

 

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1    imprisonment imposed by the court;
2        (2) if, during the commission of the offense, the
3    person personally discharged a firearm, 20 years shall be
4    added to the term of imprisonment imposed by the court;
5        (3) if, during the commission of the offense, the
6    person personally discharged a firearm that proximately
7    caused great bodily harm, permanent disability, permanent
8    disfigurement, or death to another person, 25 years or up
9    to a term of natural life shall be added to the term of
10    imprisonment imposed by the court.
11    (i) Definitions. In this Section:
12    "Building or other structure used to provide shelter" has
13the meaning ascribed to "shelter" in Section 1 of the Domestic
14Violence Shelters Act.
15    "Domestic violence" has the meaning ascribed to it in
16Section 103 of the Illinois Domestic Violence Act of 1986.
17    "Domestic violence shelter" means any building or other
18structure used to provide shelter or other services to victims
19or to the dependent children of victims of domestic violence
20pursuant to the Illinois Domestic Violence Act of 1986 or the
21Domestic Violence Shelters Act, or any place within 500 feet
22of such a building or other structure in the case of a person
23who is going to or from such a building or other structure.
24    "Firearm" has the meaning provided under Section 1.1 of
25the Firearm Owners Identification Card Act, and does not
26include an air rifle as defined by Section 24.8-0.1 of this

 

 

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1Code.
2    "Machine gun" has the meaning ascribed to it in Section
324-1 of this Code.
4    "Merchant" has the meaning ascribed to it in Section
516-0.1 of this Code.
6    "Strangle" means intentionally impeding the normal
7breathing or circulation of the blood of an individual by
8applying pressure on the throat or neck of that individual or
9by blocking the nose or mouth of that individual.
10(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)