Illinois General Assembly - Full Text of HB4385
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Full Text of HB4385  102nd General Assembly

HB4385 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4385

 

Introduced 1/21/2022, by Rep. LaToya Greenwood - Tony McCombie - Natalie A. Manley, Michael Halpin and Sue Scherer

 

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

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


LRB102 23969 RLC 33174 b

 

 

A BILL FOR

 

HB4385LRB102 23969 RLC 33174 b

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

 

 

HB4385- 2 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 3 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 4 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 5 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 6 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 7 -LRB102 23969 RLC 33174 b

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) Discharges a firearm and causes any injury to a
6    person he or she knows to be a teacher, a student in a
7    school, or a school employee, and the teacher, student, or
8    employee is upon school grounds or grounds adjacent to a
9    school or in any part of a building used for school
10    purposes.
11        (5) Discharges a machine gun or a firearm equipped
12    with a silencer, and causes any injury to another person.
13        (6) Discharges a machine gun or a firearm equipped
14    with a silencer, and causes any injury to a person he or
15    she knows to be a peace officer, community policing
16    volunteer, person summoned by a police officer, fireman,
17    private security officer, correctional institution
18    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        (7) Discharges a machine gun or a firearm equipped
25    with a silencer, and causes any injury to a person he or
26    she knows to be emergency medical services personnel:

 

 

HB4385- 8 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 9 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 10 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 11 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 12 -LRB102 23969 RLC 33174 b

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

 

 

HB4385- 13 -LRB102 23969 RLC 33174 b

1who is going to or from such a building or other structure.
2    "Firearm" has the meaning provided under Section 1.1 of
3the Firearm Owners Identification Card Act, and does not
4include an air rifle as defined by Section 24.8-0.1 of this
5Code.
6    "Machine gun" has the meaning ascribed to it in Section
724-1 of this Code.
8    "Merchant" has the meaning ascribed to it in Section
916-0.1 of this Code.
10    "Strangle" means intentionally impeding the normal
11breathing or circulation of the blood of an individual by
12applying pressure on the throat or neck of that individual or
13by blocking the nose or mouth of that individual.
14(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.