95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0062

 

Introduced 1/31/2007, 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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0062 LRB095 06267 RLC 26362 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;

 

 

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1         (2) Is hooded, robed or masked in such manner as to
2     conceal his identity or any device manufactured and
3     designed to be substantially similar in appearance to a
4     firearm;
5         (3) Knows the individual assaulted to be a teacher or
6     other person employed in any school and such teacher or
7     other employee is upon the grounds of a school or grounds
8     adjacent thereto, or is in any part of a building used for
9     school purposes;
10         (4) Knows the individual assaulted to be a supervisor,
11     director, instructor or other person employed in any park
12     district and such supervisor, director, instructor or
13     other employee is upon the grounds of the park or grounds
14     adjacent thereto, or is in any part of a building used for
15     park purposes;
16         (5) Knows the individual assaulted to be a caseworker,
17     investigator, or other person employed by the Department of
18     Healthcare and Family Services (formerly State Department
19     of Public Aid), a County Department of Public Aid, or the
20     Department of Human Services (acting as successor to the
21     Illinois Department of Public Aid under the Department of
22     Human Services Act) and such caseworker, investigator, or
23     other person is upon the grounds of a public aid office or
24     grounds adjacent thereto, or is in any part of a building
25     used for public aid purposes, or upon the grounds of a home
26     of a public aid applicant, recipient or any other person

 

 

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1     being interviewed or investigated in the employees'
2     discharge of his duties, or on grounds adjacent thereto, or
3     is in any part of a building in which the applicant,
4     recipient, or other such person resides or is located;
5         (6) Knows the individual assaulted to be a peace
6     officer, or a community policing volunteer, or a fireman
7     while the officer or fireman is engaged in the execution of
8     any of his official duties, or to prevent the officer,
9     community policing volunteer, or fireman from performing
10     his official duties, or in retaliation for the officer,
11     community policing volunteer, or fireman performing his
12     official duties, and the assault is committed other than by
13     the discharge of a firearm in the direction of the officer
14     or fireman or in the direction of a vehicle occupied by the
15     officer or fireman;
16         (7) Knows the individual assaulted to be an emergency
17     medical technician - ambulance, emergency medical
18     technician - intermediate, emergency medical technician -
19     paramedic, ambulance driver or other medical assistance or
20     first aid personnel engaged in the execution of any of his
21     official duties, or to prevent the emergency medical
22     technician - ambulance, emergency medical technician -
23     intermediate, emergency medical technician - paramedic,
24     ambulance driver, or other medical assistance or first aid
25     personnel from performing his official duties, or in
26     retaliation for the emergency medical technician -

 

 

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

 

 

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1         (10) Knows the individual assaulted to be an employee
2     of the State of Illinois, a municipal corporation therein
3     or a political subdivision thereof, engaged in the
4     performance of his authorized duties as such employee;
5         (11) Knowingly and without legal justification,
6     commits an assault on a physically handicapped person;
7         (12) Knowingly and without legal justification,
8     commits an assault on a person 60 years of age or older;
9         (13) Discharges a firearm;
10         (14) Knows the individual assaulted to be a
11     correctional officer, while the officer is engaged in the
12     execution of any of his or her official duties, or to
13     prevent the officer from performing his or her official
14     duties, or in retaliation for the officer performing his or
15     her official duties;
16         (15) Knows the individual assaulted to be a
17     correctional employee or an employee of the Department of
18     Human Services supervising or controlling sexually
19     dangerous persons or sexually violent persons, while the
20     employee is engaged in the execution of any of his or her
21     official duties, or to prevent the employee from performing
22     his or her official duties, or in retaliation for the
23     employee performing his or her official duties, and the
24     assault is committed other than by the discharge of a
25     firearm in the direction of the employee or in the
26     direction of a vehicle occupied by the employee;

 

 

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1         (16) Knows the individual assaulted to be an employee
2     of a police or sheriff's department engaged in the
3     performance of his or her official duties as such employee;
4     or
5         (17) Knows the individual assaulted to be a sports
6     official or coach at any level of competition and the act
7     causing the assault to the sports official or coach
8     occurred within an athletic facility or an indoor or
9     outdoor playing field or within the immediate vicinity of
10     the athletic facility or an indoor or outdoor playing field
11     at which the sports official or coach was an active
12     participant in the athletic contest held at the athletic
13     facility. For the purposes of this paragraph (17), "sports
14     official" means a person at an athletic contest who
15     enforces the rules of the contest, such as an umpire or
16     referee; and "coach" means a person recognized as a coach
17     by the sanctioning authority that conducted the athletic
18     contest; or .
19         (18) Knows the individual assaulted to be an emergency
20     management worker, while the emergency management worker
21     is engaged in the execution of any of his or her official
22     duties, or to prevent the emergency management worker from
23     performing his or her official duties, or in retaliation
24     for the emergency management worker performing his or her
25     official duties, and the assault is committed other than by
26     the discharge of a firearm in the direction of the

 

 

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1     emergency management worker or in the direction of a
2     vehicle occupied by the emergency management worker.
3     (a-5) A person commits an aggravated assault when he or she
4 knowingly and without lawful justification shines or flashes a
5 laser gunsight or other laser device that is attached or
6 affixed to a firearm, or used in concert with a firearm, so
7 that the laser beam strikes near or in the immediate vicinity
8 of any person.
9     (b) Sentence.
10     Aggravated assault as defined in paragraphs (1) through (5)
11 and (8) through (12) and (17) of subsection (a) of this Section
12 is a Class A misdemeanor. Aggravated assault as defined in
13 paragraphs (13), (14), and (15) of subsection (a) of this
14 Section and as defined in subsection (a-5) of this Section is a
15 Class 4 felony. Aggravated assault as defined in paragraphs
16 (6), (7), (16), and (18) of subsection (a) of this Section is a
17 Class A misdemeanor if a firearm is not used in the commission
18 of the assault. Aggravated assault as defined in paragraphs
19 (6), (7), (16), and (18) of subsection (a) of this Section is a
20 Class 4 felony if a firearm is used in the commission of the
21 assault.
22 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
23 eff. 1-1-06; revised 12-15-05.)
 
24     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
25     Sec. 12-4. Aggravated Battery.

 

 

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1     (a) A person who, in committing a battery, intentionally or
2 knowingly causes great bodily harm, or permanent disability or
3 disfigurement commits aggravated battery.
4     (b) In committing a battery, a person commits aggravated
5 battery if he or she:
6         (1) Uses a deadly weapon, other than by the discharge
7     of a firearm, or uses an air rifle as defined in the Air
8     Rifle Act;
9         (2) Is hooded, robed or masked, in such manner as to
10     conceal his identity;
11         (3) Knows the individual harmed to be a teacher or
12     other person employed in any school and such teacher or
13     other employee is upon the grounds of a school or grounds
14     adjacent thereto, or is in any part of a building used for
15     school purposes;
16         (4) (Blank);
17         (5) (Blank);
18         (6) Knows the individual harmed to be a community
19     policing volunteer while such volunteer is engaged in the
20     execution of any official duties, or to prevent the
21     volunteer from performing official duties, or in
22     retaliation for the volunteer performing official duties,
23     and the battery is committed other than by the discharge of
24     a firearm;
25         (7) Knows the individual harmed to be an emergency
26     medical technician - ambulance, emergency medical

 

 

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1     technician - intermediate, emergency medical technician -
2     paramedic, ambulance driver, other medical assistance,
3     first aid personnel, or hospital personnel engaged in the
4     performance of any of his or her official duties, or to
5     prevent the emergency medical technician - ambulance,
6     emergency medical technician - intermediate, emergency
7     medical technician - paramedic, ambulance driver, other
8     medical assistance, first aid personnel, or hospital
9     personnel from performing official duties, or in
10     retaliation for performing official duties;
11         (8) Is, or the person battered is, on or about a public
12     way, public property or public place of accommodation or
13     amusement;
14         (8.5) Is, or the person battered is, on a publicly or
15     privately owned sports or entertainment arena, stadium,
16     community or convention hall, special event center,
17     amusement facility, or a special event center in a public
18     park during any 24-hour period when a professional sporting
19     event, National Collegiate Athletic Association
20     (NCAA)-sanctioned sporting event, United States Olympic
21     Committee-sanctioned sporting event, or International
22     Olympic Committee-sanctioned sporting event is taking
23     place in this venue;
24         (9) Knows the individual harmed to be the driver,
25     operator, employee or passenger of any transportation
26     facility or system engaged in the business of

 

 

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1     transportation of the public for hire and the individual
2     assaulted is then performing in such capacity or then using
3     such public transportation as a passenger or using any area
4     of any description designated by the transportation
5     facility or system as a vehicle boarding, departure, or
6     transfer location;
7         (10) Knows the individual harmed to be an individual of
8     60 years of age or older;
9         (11) Knows the individual harmed is pregnant;
10         (12) Knows the individual harmed to be a judge whom the
11     person intended to harm as a result of the judge's
12     performance of his or her official duties as a judge;
13         (13) (Blank);
14         (14) Knows the individual harmed to be a person who is
15     physically handicapped;
16         (15) Knowingly and without legal justification and by
17     any means causes bodily harm to a merchant who detains the
18     person for an alleged commission of retail theft under
19     Section 16A-5 of this Code. In this item (15), "merchant"
20     has the meaning ascribed to it in Section 16A-2.4 of this
21     Code;
22         (16) Is, or the person battered is, in any building or
23     other structure used to provide shelter or other services
24     to victims or to the dependent children of victims of
25     domestic violence pursuant to the Illinois Domestic
26     Violence Act of 1986 or the Domestic Violence Shelters Act,

 

 

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1     or the person battered is within 500 feet of such a
2     building or other structure while going to or from such a
3     building or other structure. "Domestic violence" has the
4     meaning ascribed to it in Section 103 of the Illinois
5     Domestic Violence Act of 1986. "Building or other structure
6     used to provide shelter" has the meaning ascribed to
7     "shelter" in Section 1 of the Domestic Violence Shelters
8     Act;
9         (17) (Blank); or
10         (18) Knows the individual harmed to be an officer or
11     employee of the State of Illinois, a unit of local
12     government, or school district engaged in the performance
13     of his or her authorized duties as such officer or
14     employee; or .
15         (19) (18) Knows the individual harmed to be an
16     emergency management worker engaged in the performance of
17     any of his or her official duties, or to prevent the
18     emergency management worker from performing official
19     duties, or in retaliation for the emergency management
20     worker performing official duties.
21     For the purpose of paragraph (14) of subsection (b) of this
22 Section, a physically handicapped person is a person who
23 suffers from a permanent and disabling physical
24 characteristic, resulting from disease, injury, functional
25 disorder or congenital condition.
26     (c) A person who administers to an individual or causes him

 

 

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1 to take, without his consent or by threat or deception, and for
2 other than medical purposes, any intoxicating, poisonous,
3 stupefying, narcotic, anesthetic, or controlled substance
4 commits aggravated battery.
5     (d) A person who knowingly gives to another person any food
6 that contains any substance or object that is intended to cause
7 physical injury if eaten, commits aggravated battery.
8     (d-3) A person commits aggravated battery when he or she
9 knowingly and without lawful justification shines or flashes a
10 laser gunsight or other laser device that is attached or
11 affixed to a firearm, or used in concert with a firearm, so
12 that the laser beam strikes upon or against the person of
13 another.
14     (d-5) An inmate of a penal institution or a sexually
15 dangerous person or a sexually violent person in the custody of
16 the Department of Human Services who causes or attempts to
17 cause a correctional employee of the penal institution or an
18 employee of the Department of Human Services to come into
19 contact with blood, seminal fluid, urine, or feces, by
20 throwing, tossing, or expelling that fluid or material commits
21 aggravated battery. For purposes of this subsection (d-5),
22 "correctional employee" means a person who is employed by a
23 penal institution.
24     (e) Sentence.
25         (1) Except as otherwise provided in paragraphs (2) and
26     (3), aggravated battery is a Class 3 felony.

 

 

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1         (2) Aggravated battery that does not cause great bodily
2     harm or permanent disability or disfigurement is a Class 2
3     felony when the person knows the individual harmed to be a
4     peace officer, a community policing volunteer, a
5     correctional institution employee, an employee of the
6     Department of Human Services supervising or controlling
7     sexually dangerous persons or sexually violent persons, or
8     a fireman while such officer, volunteer, employee, or
9     fireman is engaged in the execution of any official duties
10     including arrest or attempted arrest, or to prevent the
11     officer, volunteer, employee, or fireman from performing
12     official duties, or in retaliation for the officer,
13     volunteer, employee, or fireman performing official
14     duties, and the battery is committed other than by the
15     discharge of a firearm.
16         (3) Aggravated battery that causes great bodily harm or
17     permanent disability or disfigurement in violation of
18     subsection (a) is a Class 1 felony when the person knows
19     the individual harmed to be a peace officer, a community
20     policing volunteer, a correctional institution employee,
21     an employee of the Department of Human Services supervising
22     or controlling sexually dangerous persons or sexually
23     violent persons, or a fireman while such officer,
24     volunteer, employee, or fireman is engaged in the execution
25     of any official duties including arrest or attempted
26     arrest, or to prevent the officer, volunteer, employee, or

 

 

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1     fireman from performing official duties, or in retaliation
2     for the officer, volunteer, employee, or fireman
3     performing official duties, and the battery is committed
4     other than by the discharge of a firearm.
5 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
6 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
7 94-482, eff. 1-1-06; revised 8-19-05.)
 
8     Section 10. The Air Rifle Act is amended by changing
9 Section 7 as follows:
 
10     (720 ILCS 535/7)  (from Ch. 38, par. 82-7)
11     Sec. 7. Sentence.
12     Any dealer violating any provision of Section 2 of this Act
13 commits a petty offense.
14     Any person violating any other provision of this Act
15 commits a petty offense and shall pay a fine not to exceed $50.
16 (Source: P.A. 77-2815.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.