94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3197

 

Introduced 11/14/2006, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2   from Ch. 38, par. 12-2
720 ILCS 5/12-4   from Ch. 38, par. 12-4
720 ILCS 535/7   from Ch. 38, par. 82-7

    Amends the Criminal Code of 1961. Provides that an assault or battery using an air rifle constitutes aggravated assault or aggravated battery. Amends the Air Rifle Act. Eliminates the maximum $50 fine that may be imposed for violation of the Act by a person who is not a dealer of air rifles. Effective immediately.


LRB094 21783 RLC 60201 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3197 LRB094 21783 RLC 60201 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 12-2 and 12-4 as follows:
 
6     (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7     Sec. 12-2. Aggravated assault.
8     (a) A person commits an aggravated assault, when, in
9 committing an assault, he:
10         (1) Uses a deadly weapon, an air rifle as defined in
11     the Air Rifle Act, or any device manufactured and designed
12     to be substantially similar in appearance to a firearm,
13     other than by discharging a firearm in the direction of
14     another person, a peace officer, a person summoned or
15     directed by a peace officer, a correctional officer or a
16     fireman or in the direction of a vehicle occupied by
17     another person, a peace officer, a person summoned or
18     directed by a peace officer, a correctional officer or a
19     fireman while the officer or fireman is engaged in the
20     execution of any of his official duties, or to prevent the
21     officer or fireman from performing his official duties, or
22     in retaliation for the officer or fireman performing his
23     official duties;
24         (2) Is hooded, robed or masked in such manner as to
25     conceal his identity or any device manufactured and
26     designed to be substantially similar in appearance to a
27     firearm;
28         (3) Knows the individual assaulted to be a teacher or
29     other person employed in any school and such teacher or
30     other employee is upon the grounds of a school or grounds
31     adjacent thereto, or is in any part of a building used for
32     school purposes;

 

 

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1         (4) Knows the individual assaulted to be a supervisor,
2     director, instructor or other person employed in any park
3     district and such supervisor, director, instructor or
4     other employee is upon the grounds of the park or grounds
5     adjacent thereto, or is in any part of a building used for
6     park purposes;
7         (5) Knows the individual assaulted to be a caseworker,
8     investigator, or other person employed by the Department of
9     Healthcare and Family Services (formerly State Department
10     of Public Aid), a County Department of Public Aid, or the
11     Department of Human Services (acting as successor to the
12     Illinois Department of Public Aid under the Department of
13     Human Services Act) and such caseworker, investigator, or
14     other person is upon the grounds of a public aid office or
15     grounds adjacent thereto, or is in any part of a building
16     used for public aid purposes, or upon the grounds of a home
17     of a public aid applicant, recipient or any other person
18     being interviewed or investigated in the employees'
19     discharge of his duties, or on grounds adjacent thereto, or
20     is in any part of a building in which the applicant,
21     recipient, or other such person resides or is located;
22         (6) Knows the individual assaulted to be a peace
23     officer, or a community policing volunteer, or a fireman
24     while the officer or fireman is engaged in the execution of
25     any of his official duties, or to prevent the officer,
26     community policing volunteer, or fireman from performing
27     his official duties, or in retaliation for the officer,
28     community policing volunteer, or fireman performing his
29     official duties, and the assault is committed other than by
30     the discharge of a firearm in the direction of the officer
31     or fireman or in the direction of a vehicle occupied by the
32     officer or fireman;
33         (7) Knows the individual assaulted to be an emergency
34     medical technician - ambulance, emergency medical
35     technician - intermediate, emergency medical technician -
36     paramedic, ambulance driver or other medical assistance or

 

 

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1     first aid personnel engaged in the execution of any of his
2     official duties, or to prevent the emergency medical
3     technician - ambulance, emergency medical technician -
4     intermediate, emergency medical technician - paramedic,
5     ambulance driver, or other medical assistance or first aid
6     personnel from performing his official duties, or in
7     retaliation for the emergency medical technician -
8     ambulance, emergency medical technician - intermediate,
9     emergency medical technician - paramedic, ambulance
10     driver, or other medical assistance or first aid personnel
11     performing his official duties;
12         (8) Knows the individual assaulted to be the driver,
13     operator, employee or passenger of any transportation
14     facility or system engaged in the business of
15     transportation of the public for hire and the individual
16     assaulted is then performing in such capacity or then using
17     such public transportation as a passenger or using any area
18     of any description designated by the transportation
19     facility or system as a vehicle boarding, departure, or
20     transfer location;
21         (9) Or the individual assaulted is on or about a public
22     way, public property, or public place of accommodation or
23     amusement;
24         (9.5) Is, or the individual assaulted is, in or about a
25     publicly or privately owned sports or entertainment arena,
26     stadium, community or convention hall, special event
27     center, amusement facility, or a special event center in a
28     public park during any 24-hour period when a professional
29     sporting event, National Collegiate Athletic Association
30     (NCAA)-sanctioned sporting event, United States Olympic
31     Committee-sanctioned sporting event, or International
32     Olympic Committee-sanctioned sporting event is taking
33     place in this venue;
34         (10) Knows the individual assaulted to be an employee
35     of the State of Illinois, a municipal corporation therein
36     or a political subdivision thereof, engaged in the

 

 

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1     performance of his authorized duties as such employee;
2         (11) Knowingly and without legal justification,
3     commits an assault on a physically handicapped person;
4         (12) Knowingly and without legal justification,
5     commits an assault on a person 60 years of age or older;
6         (13) Discharges a firearm;
7         (14) Knows the individual assaulted to be a
8     correctional officer, while the officer is engaged in the
9     execution of any of his or her official duties, or to
10     prevent the officer from performing his or her official
11     duties, or in retaliation for the officer performing his or
12     her official duties;
13         (15) Knows the individual assaulted to be a
14     correctional employee or an employee of the Department of
15     Human Services supervising or controlling sexually
16     dangerous persons or sexually violent persons, while the
17     employee is engaged in the execution of any of his or her
18     official duties, or to prevent the employee from performing
19     his or her official duties, or in retaliation for the
20     employee performing his or her official duties, and the
21     assault is committed other than by the discharge of a
22     firearm in the direction of the employee or in the
23     direction of a vehicle occupied by the employee;
24         (16) Knows the individual assaulted to be an employee
25     of a police or sheriff's department engaged in the
26     performance of his or her official duties as such employee;
27     or
28         (17) Knows the individual assaulted to be a sports
29     official or coach at any level of competition and the act
30     causing the assault to the sports official or coach
31     occurred within an athletic facility or an indoor or
32     outdoor playing field or within the immediate vicinity of
33     the athletic facility or an indoor or outdoor playing field
34     at which the sports official or coach was an active
35     participant in the athletic contest held at the athletic
36     facility. For the purposes of this paragraph (17), "sports

 

 

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1     official" means a person at an athletic contest who
2     enforces the rules of the contest, such as an umpire or
3     referee; and "coach" means a person recognized as a coach
4     by the sanctioning authority that conducted the athletic
5     contest; or .
6         (18) Knows the individual assaulted to be an emergency
7     management worker, while the emergency management worker
8     is engaged in the execution of any of his or her official
9     duties, or to prevent the emergency management worker from
10     performing his or her official duties, or in retaliation
11     for the emergency management worker performing his or her
12     official duties, and the assault is committed other than by
13     the discharge of a firearm in the direction of the
14     emergency management worker or in the direction of a
15     vehicle occupied by the emergency management worker.
16     (a-5) A person commits an aggravated assault when he or she
17 knowingly and without lawful justification shines or flashes a
18 laser gunsight or other laser device that is attached or
19 affixed to a firearm, or used in concert with a firearm, so
20 that the laser beam strikes near or in the immediate vicinity
21 of any person.
22     (b) Sentence.
23     Aggravated assault as defined in paragraphs (1) through (5)
24 and (8) through (12) and (17) of subsection (a) of this Section
25 is a Class A misdemeanor. Aggravated assault as defined in
26 paragraphs (13), (14), and (15) of subsection (a) of this
27 Section and as defined in subsection (a-5) of this Section is a
28 Class 4 felony. Aggravated assault as defined in paragraphs
29 (6), (7), (16), and (18) of subsection (a) of this Section is a
30 Class A misdemeanor if a firearm is not used in the commission
31 of the assault. Aggravated assault as defined in paragraphs
32 (6), (7), (16), and (18) of subsection (a) of this Section is a
33 Class 4 felony if a firearm is used in the commission of the
34 assault.
35 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
36 eff. 1-1-06; revised 12-15-05.)
 

 

 

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1     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
2     Sec. 12-4. Aggravated Battery.
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:
8         (1) Uses a deadly weapon, other than by the discharge
9     of a firearm, or uses an air rifle as defined in the Air
10     Rifle Act;
11         (2) Is hooded, robed or masked, in such manner as to
12     conceal his identity;
13         (3) Knows the individual harmed to be a teacher or
14     other person employed in any school and such teacher or
15     other employee is upon the grounds of a school or grounds
16     adjacent thereto, or is in any part of a building used for
17     school purposes;
18         (4) (Blank);
19         (5) (Blank);
20         (6) Knows the individual harmed to be a community
21     policing volunteer while such volunteer is engaged in the
22     execution of any official duties, or to prevent the
23     volunteer from performing official duties, or in
24     retaliation for the volunteer performing official duties,
25     and the battery is committed other than by the discharge of
26     a firearm;
27         (7) Knows the individual harmed to be an emergency
28     medical technician - ambulance, emergency medical
29     technician - intermediate, emergency medical technician -
30     paramedic, ambulance driver, other medical assistance,
31     first aid personnel, or hospital personnel engaged in the
32     performance of any of his or her official duties, or to
33     prevent the emergency medical technician - ambulance,
34     emergency medical technician - intermediate, emergency
35     medical technician - paramedic, ambulance driver, other

 

 

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1     medical assistance, first aid personnel, or hospital
2     personnel from performing official duties, or in
3     retaliation for performing official duties;
4         (8) Is, or the person battered is, on or about a public
5     way, public property or public place of accommodation or
6     amusement;
7         (8.5) Is, or the person battered is, on a publicly or
8     privately owned sports or entertainment arena, stadium,
9     community or convention hall, special event center,
10     amusement facility, or a special event center in a public
11     park during any 24-hour period when a professional sporting
12     event, National Collegiate Athletic Association
13     (NCAA)-sanctioned sporting event, United States Olympic
14     Committee-sanctioned sporting event, or International
15     Olympic Committee-sanctioned sporting event is taking
16     place in this venue;
17         (9) Knows the individual harmed to be the driver,
18     operator, employee or passenger of any transportation
19     facility or system engaged in the business of
20     transportation of the public for hire and the individual
21     assaulted is then performing in such capacity or then using
22     such public transportation as a passenger or using any area
23     of any description designated by the transportation
24     facility or system as a vehicle boarding, departure, or
25     transfer location;
26         (10) Knows the individual harmed to be an individual of
27     60 years of age or older;
28         (11) Knows the individual harmed is pregnant;
29         (12) Knows the individual harmed to be a judge whom the
30     person intended to harm as a result of the judge's
31     performance of his or her official duties as a judge;
32         (13) (Blank);
33         (14) Knows the individual harmed to be a person who is
34     physically handicapped;
35         (15) Knowingly and without legal justification and by
36     any means causes bodily harm to a merchant who detains the

 

 

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1     person for an alleged commission of retail theft under
2     Section 16A-5 of this Code. In this item (15), "merchant"
3     has the meaning ascribed to it in Section 16A-2.4 of this
4     Code;
5         (16) Is, or the person battered is, in any building or
6     other structure used to provide shelter or other services
7     to victims or to the dependent children of victims of
8     domestic violence pursuant to the Illinois Domestic
9     Violence Act of 1986 or the Domestic Violence Shelters Act,
10     or the person battered is within 500 feet of such a
11     building or other structure while going to or from such a
12     building or other structure. "Domestic violence" has the
13     meaning ascribed to it in Section 103 of the Illinois
14     Domestic Violence Act of 1986. "Building or other structure
15     used to provide shelter" has the meaning ascribed to
16     "shelter" in Section 1 of the Domestic Violence Shelters
17     Act;
18         (17) (Blank); or
19         (18) Knows the individual harmed to be an officer or
20     employee of the State of Illinois, a unit of local
21     government, or school district engaged in the performance
22     of his or her authorized duties as such officer or
23     employee; or .
24         (19) (18) Knows the individual harmed to be an
25     emergency management worker engaged in the performance of
26     any of his or her official duties, or to prevent the
27     emergency management worker from performing official
28     duties, or in retaliation for the emergency management
29     worker performing official duties.
30     For the purpose of paragraph (14) of subsection (b) of this
31 Section, a physically handicapped person is a person who
32 suffers from a permanent and disabling physical
33 characteristic, resulting from disease, injury, functional
34 disorder or congenital condition.
35     (c) A person who administers to an individual or causes him
36 to take, without his consent or by threat or deception, and for

 

 

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1 other than medical purposes, any intoxicating, poisonous,
2 stupefying, narcotic, anesthetic, or controlled substance
3 commits aggravated battery.
4     (d) A person who knowingly gives to another person any food
5 that contains any substance or object that is intended to cause
6 physical injury if eaten, commits aggravated battery.
7     (d-3) A person commits aggravated battery when he or she
8 knowingly and without lawful justification shines or flashes a
9 laser gunsight or other laser device that is attached or
10 affixed to a firearm, or used in concert with a firearm, so
11 that the laser beam strikes upon or against the person of
12 another.
13     (d-5) An inmate of a penal institution or a sexually
14 dangerous person or a sexually violent person in the custody of
15 the Department of Human Services who causes or attempts to
16 cause a correctional employee of the penal institution or an
17 employee of the Department of Human Services to come into
18 contact with blood, seminal fluid, urine, or feces, by
19 throwing, tossing, or expelling that fluid or material commits
20 aggravated battery. For purposes of this subsection (d-5),
21 "correctional employee" means a person who is employed by a
22 penal institution.
23     (e) Sentence.
24         (1) Except as otherwise provided in paragraphs (2) and
25     (3), aggravated battery is a Class 3 felony.
26         (2) Aggravated battery that does not cause great bodily
27     harm or permanent disability or disfigurement is a Class 2
28     felony when the person knows the individual harmed to be a
29     peace officer, a community policing volunteer, a
30     correctional institution employee, an employee of the
31     Department of Human Services supervising or controlling
32     sexually dangerous persons or sexually violent persons, or
33     a fireman while such officer, volunteer, employee, or
34     fireman is engaged in the execution of any official duties
35     including arrest or attempted arrest, or to prevent the
36     officer, volunteer, employee, or fireman from performing

 

 

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1     official duties, or in retaliation for the officer,
2     volunteer, employee, or fireman performing official
3     duties, and the battery is committed other than by the
4     discharge of a firearm.
5         (3) Aggravated battery that causes great bodily harm or
6     permanent disability or disfigurement in violation of
7     subsection (a) is a Class 1 felony when the person knows
8     the individual harmed to be a peace officer, a community
9     policing volunteer, a correctional institution employee,
10     an employee of the Department of Human Services supervising
11     or controlling sexually dangerous persons or sexually
12     violent persons, or a fireman while such officer,
13     volunteer, employee, or fireman is engaged in the execution
14     of any official duties including arrest or attempted
15     arrest, or to prevent the officer, volunteer, employee, or
16     fireman from performing official duties, or in retaliation
17     for the officer, volunteer, employee, or fireman
18     performing official duties, and the battery is committed
19     other than by the discharge of a firearm.
20 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
21 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
22 94-482, eff. 1-1-06; revised 8-19-05.)
 
23     Section 10. The Air Rifle Act is amended by changing
24 Section 7 as follows:
 
25     (720 ILCS 535/7)  (from Ch. 38, par. 82-7)
26     Sec. 7. Sentence.
27     Any dealer violating any provision of Section 2 of this Act
28 commits a petty offense.
29     Any person violating any other provision of this Act
30 commits a petty offense and shall pay a fine not to exceed $50.
31 (Source: P.A. 77-2815.)
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.