103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1416

 

Introduced 2/7/2023, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Criminal Code of 2012. Provides that aggravated assault includes an assault committed against a contractor (rather than just a subcontractor) of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons. Provides that aggravated battery includes committing various kinds of battery against an officer or employee of a contractor or subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons.


LRB103 25271 RLC 51615 b

 

 

A BILL FOR

 

SB1416LRB103 25271 RLC 51615 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 Criminal Code of 2012 is amended by
5changing Sections 12-2 and 12-3.05 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against
10an individual who is on or about a public way, public property,
11a public place of accommodation or amusement, or a sports
12venue, or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14    (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows the individual assaulted to be any of the following:
17        (1) A person with a physical disability or a person 60
18    years of age or older and the assault is without legal
19    justification.
20        (2) A teacher or school employee upon school grounds
21    or grounds adjacent to a school or in any part of a
22    building used for school purposes.
23        (3) A park district employee upon park grounds or

 

 

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1    grounds adjacent to a park or in any part of a building
2    used for park purposes.
3        (4) A community policing volunteer, private security
4    officer, or utility worker:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or
7        her official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (4.1) A peace officer, fireman, emergency management
11    worker, or emergency medical services personnel:
12            (i) performing his or her official duties;
13            (ii) assaulted to prevent performance of his or
14        her official duties; or
15            (iii) assaulted in retaliation for performing his
16        or her official duties.
17        (5) A correctional officer or probation officer:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or
20        her official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (6) A correctional institution employee, a county
24    juvenile detention center employee who provides direct and
25    continuous supervision of residents of a juvenile
26    detention center, including a county juvenile detention

 

 

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1    center employee who supervises recreational activity for
2    residents of a juvenile detention center, or a Department
3    of Human Services employee or an , Department of Human
4    Services officer, or employee of a contractor or
5    subcontractor of the Department of Human Services
6    supervising or controlling sexually dangerous persons or
7    sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) assaulted to prevent performance of his or
10        her official duties; or
11            (iii) assaulted in retaliation for performing his
12        or her official duties.
13        (7) An employee of the State of Illinois, a municipal
14    corporation therein, or a political subdivision thereof,
15    performing his or her official duties.
16        (8) A transit employee performing his or her official
17    duties, or a transit passenger.
18        (9) A sports official or coach actively participating
19    in any level of athletic competition within a sports
20    venue, on an indoor playing field or outdoor playing
21    field, or within the immediate vicinity of such a facility
22    or field.
23        (10) A person authorized to serve process under
24    Section 2-202 of the Code of Civil Procedure or a special
25    process server appointed by the circuit court, while that
26    individual is in the performance of his or her duties as a

 

 

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1    process server.
2    (c) Offense based on use of firearm, device, or motor
3vehicle. A person commits aggravated assault when, in
4committing an assault, he or she does any of the following:
5        (1) Uses a deadly weapon, an air rifle as defined in
6    Section 24.8-0.1 of this Act, or any device manufactured
7    and designed to be substantially similar in appearance to
8    a firearm, other than by discharging a firearm.
9        (2) Discharges a firearm, other than from a motor
10    vehicle.
11        (3) Discharges a firearm from a motor vehicle.
12        (4) Wears a hood, robe, or mask to conceal his or her
13    identity.
14        (5) Knowingly and without lawful justification shines
15    or flashes a laser gun sight or other laser device
16    attached to a firearm, or used in concert with a firearm,
17    so that the laser beam strikes near or in the immediate
18    vicinity of any person.
19        (6) Uses a firearm, other than by discharging the
20    firearm, against a peace officer, community policing
21    volunteer, fireman, private security officer, emergency
22    management worker, emergency medical services personnel,
23    employee of a police department, employee of a sheriff's
24    department, or traffic control municipal employee:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or

 

 

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1        her official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (7) Without justification operates a motor vehicle in
5    a manner which places a person, other than a person listed
6    in subdivision (b)(4), in reasonable apprehension of being
7    struck by the moving motor vehicle.
8        (8) Without justification operates a motor vehicle in
9    a manner which places a person listed in subdivision
10    (b)(4), in reasonable apprehension of being struck by the
11    moving motor vehicle.
12        (9) Knowingly video or audio records the offense with
13    the intent to disseminate the recording.
14    (d) Sentence. Aggravated assault as defined in subdivision
15(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
16(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
17that aggravated assault as defined in subdivision (b)(4) and
18(b)(7) is a Class 4 felony if a Category I, Category II, or
19Category III weapon is used in the commission of the assault.
20Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
21(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
224 felony. Aggravated assault as defined in subdivision (c)(3)
23or (c)(8) is a Class 3 felony.
24    (e) For the purposes of this Section, "Category I weapon",
25"Category II weapon", and "Category III weapon" have the
26meanings ascribed to those terms in Section 33A-1 of this

 

 

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1Code.
2(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
3    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
4    Sec. 12-3.05. Aggravated battery.
5    (a) Offense based on injury. A person commits aggravated
6battery when, in committing a battery, other than by the
7discharge of a firearm, he or she knowingly does any of the
8following:
9        (1) Causes great bodily harm or permanent disability
10    or disfigurement.
11        (2) Causes severe and permanent disability, great
12    bodily harm, or disfigurement by means of a caustic or
13    flammable substance, a poisonous gas, a deadly biological
14    or chemical contaminant or agent, a radioactive substance,
15    or a bomb or explosive compound.
16        (3) Causes great bodily harm or permanent disability
17    or disfigurement to an individual whom the person knows to
18    be a peace officer, community policing volunteer, fireman,
19    private security officer, correctional institution
20    employee, or Department of Human Services employee or an
21    officer or employee of a contractor or subcontractor of
22    the Department of Human Services supervising or
23    controlling sexually dangerous persons or sexually violent
24    persons:
25            (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        (4) Causes great bodily harm or permanent disability
6    or disfigurement to an individual 60 years of age or
7    older.
8        (5) Strangles another individual.
9    (b) Offense based on injury to a child or person with an
10intellectual disability. A person who is at least 18 years of
11age commits aggravated battery when, in committing a battery,
12he or she knowingly and without legal justification by any
13means:
14        (1) causes great bodily harm or permanent disability
15    or disfigurement to any child under the age of 13 years, or
16    to any person with a severe or profound intellectual
17    disability; or
18        (2) causes bodily harm or disability or disfigurement
19    to any child under the age of 13 years or to any person
20    with a severe or profound intellectual disability.
21    (c) Offense based on location of conduct. A person commits
22aggravated battery when, in committing a battery, other than
23by the discharge of a firearm, he or she is or the person
24battered is on or about a public way, public property, a public
25place of accommodation or amusement, a sports venue, or a
26domestic violence shelter, or in a church, synagogue, mosque,

 

 

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1or other building, structure, or place used for religious
2worship.
3    (d) Offense based on status of victim. A person commits
4aggravated battery when, in committing a battery, other than
5by discharge of a firearm, he or she knows the individual
6battered to be any of the following:
7        (1) A person 60 years of age or older.
8        (2) A person who is pregnant or has a physical
9    disability.
10        (3) A teacher or school employee upon school grounds
11    or grounds adjacent to a school or in any part of a
12    building used for school purposes.
13        (4) A peace officer, community policing volunteer,
14    fireman, private security officer, correctional
15    institution employee, or Department of Human Services
16    employee or an officer or employee of a contractor or
17    subcontractor of the Department of Human Services
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        (5) A judge, emergency management worker, emergency
26    medical services personnel, or utility worker:

 

 

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

 

 

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1    recommendations, regulations, or rules from a federal,
2    State, or local public health agency; and (ii) during a
3    disaster declared by the Governor, or a state of emergency
4    declared by the mayor of the municipality in which the
5    merchant is located, due to a public health emergency and
6    for a period of 6 months after such declaration.
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 or an officer or employee of a
22    contractor or subcontractor of the Department of Human
23    Services supervising or controlling sexually dangerous
24    persons or sexually violent persons to come into contact
25    with blood, seminal fluid, urine, or feces by throwing,
26    tossing, or expelling the fluid or material, and the

 

 

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

 

 

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

 

 

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1Class X felony, except that:
2        (1) if the person committed the offense while armed
3    with a firearm, 15 years shall be added to the term of
4    imprisonment imposed by the court;
5        (2) if, during the commission of the offense, the
6    person personally discharged a firearm, 20 years shall be
7    added to the term of imprisonment imposed by the court;
8        (3) if, during the commission of the offense, the
9    person personally discharged a firearm that proximately
10    caused great bodily harm, permanent disability, permanent
11    disfigurement, or death to another person, 25 years or up
12    to a term of natural life shall be added to the term of
13    imprisonment imposed by the court.
14    (i) Definitions. In this Section:
15    "Building or other structure used to provide shelter" has
16the meaning ascribed to "shelter" in Section 1 of the Domestic
17Violence Shelters Act.
18    "Domestic violence" has the meaning ascribed to it in
19Section 103 of the Illinois Domestic Violence Act of 1986.
20    "Domestic violence shelter" means any building or other
21structure used to provide shelter or other services to victims
22or to the dependent children of victims of domestic violence
23pursuant to the Illinois Domestic Violence Act of 1986 or the
24Domestic Violence Shelters Act, or any place within 500 feet
25of such a building or other structure in the case of a person
26who is going to or from such a building or other structure.

 

 

SB1416- 17 -LRB103 25271 RLC 51615 b

1    "Firearm" has the meaning provided under Section 1.1 of
2the Firearm Owners Identification Card Act, and does not
3include an air rifle as defined by Section 24.8-0.1 of this
4Code.
5    "Machine gun" has the meaning ascribed to it in Section
624-1 of this Code.
7    "Merchant" has the meaning ascribed to it in Section
816-0.1 of this Code.
9    "Strangle" means intentionally impeding the normal
10breathing or circulation of the blood of an individual by
11applying pressure on the throat or neck of that individual or
12by blocking the nose or mouth of that individual.
13(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)