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Full Text of SB3107  103rd General Assembly

SB3107 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3107

 

Introduced 2/2/2024, 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 for enhanced penalties for aggravated assault or aggravated battery of emergency department staff of a health care facility. Defines "emergency department staff" as any clinical or nonclinical staff present in the emergency department or emergency room of a health care facility who may come in contact with patients, including, but not limited to, physicians, nurses, nonphysician providers, technicians, security staff, patient transporters, respiratory therapists, housekeeping personnel, secretaries, and pharmacists. Defines "health care facility" as a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act. Effective immediately.


LRB103 39088 RLC 69226 b

 

 

A BILL FOR

 

SB3107LRB103 39088 RLC 69226 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

 

 

SB3107- 2 -LRB103 39088 RLC 69226 b

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, emergency department staff, or emergency medical
12    services personnel:
13            (i) performing his or her official duties;
14            (ii) assaulted to prevent performance of his or
15        her official duties; or
16            (iii) assaulted in retaliation for performing his
17        or her official duties.
18        (5) A correctional officer or probation officer:
19            (i) performing his or her official duties;
20            (ii) assaulted to prevent performance of his or
21        her official duties; or
22            (iii) assaulted in retaliation for performing his
23        or her official duties.
24        (6) A correctional institution employee, a county
25    juvenile detention center employee who provides direct and
26    continuous supervision of residents of a juvenile

 

 

SB3107- 3 -LRB103 39088 RLC 69226 b

1    detention center, including a county juvenile detention
2    center employee who supervises recreational activity for
3    residents of a juvenile detention center, or a Department
4    of Human Services employee, Department of Human Services
5    officer, or employee of a subcontractor of the Department
6    of Human Services supervising or controlling sexually
7    dangerous persons or 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

 

 

SB3107- 4 -LRB103 39088 RLC 69226 b

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, or
25    emergency department staff:
26            (i) performing his or her official duties;

 

 

SB3107- 5 -LRB103 39088 RLC 69226 b

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

 

 

SB3107- 6 -LRB103 39088 RLC 69226 b

1III weapon" have the meanings ascribed to those terms in
2Section 33A-1 of this Code.
3    "Emergency department staff" means any clinical or
4nonclinical staff present in the emergency department or
5emergency room of a health care facility who may come in
6contact with patients, including, but not limited to,
7physicians, nurses, nonphysician providers, technicians,
8security staff, patient transporters, respiratory therapists,
9housekeeping personnel, secretaries, and pharmacists.
10    "Health care facility" means a facility, hospital, or
11establishment licensed or organized under the Ambulatory
12Surgical Treatment Center Act, the University of Illinois
13Hospital Act, the Hospital Licensing Act, the Nursing Home
14Care Act, the Assisted Living and Shared Housing Act, or the
15Community Living Facilities Licensing Act.
16(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
17    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
18    Sec. 12-3.05. Aggravated battery.
19    (a) Offense based on injury. A person commits aggravated
20battery when, in committing a battery, other than by the
21discharge of a firearm, he or she knowingly does any of the
22following:
23        (1) Causes great bodily harm or permanent disability
24    or disfigurement.
25        (2) Causes severe and permanent disability, great

 

 

SB3107- 7 -LRB103 39088 RLC 69226 b

1    bodily harm, or disfigurement by means of a caustic or
2    flammable substance, a poisonous gas, a deadly biological
3    or chemical contaminant or agent, a radioactive substance,
4    or a bomb or explosive compound.
5        (3) Causes great bodily harm or permanent disability
6    or disfigurement to an individual whom the person knows to
7    be a peace officer, community policing volunteer, fireman,
8    private security officer, correctional institution
9    employee, or Department of Human Services employee
10    supervising or controlling sexually dangerous persons or
11    sexually violent persons, or emergency department staff:
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        (4) Causes great bodily harm or permanent disability
18    or disfigurement to an individual 60 years of age or
19    older.
20        (5) Strangles another individual.
21    (b) Offense based on injury to a child or person with an
22intellectual disability. A person who is at least 18 years of
23age commits aggravated battery when, in committing a battery,
24he or she knowingly and without legal justification by any
25means:
26        (1) causes great bodily harm or permanent disability

 

 

SB3107- 8 -LRB103 39088 RLC 69226 b

1    or disfigurement to any child under the age of 13 years, or
2    to any person with a severe or profound intellectual
3    disability; or
4        (2) causes bodily harm or disability or disfigurement
5    to any child under the age of 13 years or to any person
6    with a severe or profound intellectual disability.
7    (c) Offense based on location of conduct. A person commits
8aggravated battery when, in committing a battery, other than
9by the discharge of a firearm, he or she is or the person
10battered is on or about a public way, public property, a public
11place of accommodation or amusement, a sports venue, or a
12domestic violence shelter, or in a church, synagogue, mosque,
13or other building, structure, or place used for religious
14worship.
15    (d) Offense based on status of victim. A person commits
16aggravated battery when, in committing a battery, other than
17by discharge of a firearm, he or she knows the individual
18battered to be any of the following:
19        (1) A person 60 years of age or older.
20        (2) A person who is pregnant or has a physical
21    disability.
22        (3) A teacher or school employee upon school grounds
23    or grounds adjacent to a school or in any part of a
24    building used for school purposes.
25        (4) A peace officer, community policing volunteer,
26    fireman, private security officer, correctional

 

 

SB3107- 9 -LRB103 39088 RLC 69226 b

1    institution employee, or Department of Human Services
2    employee supervising or controlling sexually dangerous
3    persons or sexually violent persons, or emergency
4    department staff:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (5) A judge, emergency management worker, emergency
11    medical services personnel, or utility worker:
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        (6) An officer or employee of the State of Illinois, a
18    unit of local government, or a school district, while
19    performing his or her official duties.
20        (7) A transit employee performing his or her official
21    duties, or a transit passenger.
22        (8) A taxi driver on duty.
23        (9) A merchant who detains the person for an alleged
24    commission of retail theft under Section 16-26 of this
25    Code and the person without legal justification by any
26    means causes bodily harm to the merchant.

 

 

SB3107- 10 -LRB103 39088 RLC 69226 b

1        (10) A person authorized to serve process under
2    Section 2-202 of the Code of Civil Procedure or a special
3    process server appointed by the circuit court while that
4    individual is in the performance of his or her duties as a
5    process server.
6        (11) A nurse while in the performance of his or her
7    duties as a nurse.
8        (12) A merchant: (i) while performing his or her
9    duties, including, but not limited to, relaying directions
10    for healthcare or safety from his or her supervisor or
11    employer or relaying health or safety guidelines,
12    recommendations, regulations, or rules from a federal,
13    State, or local public health agency; and (ii) during a
14    disaster declared by the Governor, or a state of emergency
15    declared by the mayor of the municipality in which the
16    merchant is located, due to a public health emergency and
17    for a period of 6 months after such declaration.
18    (e) Offense based on use of a firearm. A person commits
19aggravated battery when, in committing a battery, he or she
20knowingly does any of the following:
21        (1) Discharges a firearm, other than a machine gun or
22    a firearm equipped with a silencer, and causes any injury
23    to another person.
24        (2) 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 a peace officer,

 

 

SB3107- 11 -LRB103 39088 RLC 69226 b

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

 

 

SB3107- 12 -LRB103 39088 RLC 69226 b

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

 

 

SB3107- 13 -LRB103 39088 RLC 69226 b

1    (f) Offense based on use of a weapon or device. A person
2commits aggravated battery when, in committing a battery, he
3or she does any of the following:
4        (1) Uses a deadly weapon other than by discharge of a
5    firearm, or uses an air rifle as defined in Section
6    24.8-0.1 of this Code.
7        (2) Wears a hood, robe, or mask to conceal his or her
8    identity.
9        (3) Knowingly and without lawful justification shines
10    or flashes a laser gunsight or other laser device attached
11    to a firearm, or used in concert with a firearm, so that
12    the laser beam strikes upon or against the person of
13    another.
14        (4) Knowingly video or audio records the offense with
15    the intent to disseminate the recording.
16    (g) Offense based on certain conduct. A person commits
17aggravated battery when, other than by discharge of a firearm,
18he or she does any of the following:
19        (1) Violates Section 401 of the Illinois Controlled
20    Substances Act by unlawfully delivering a controlled
21    substance to another and any user experiences great bodily
22    harm or permanent disability as a result of the injection,
23    inhalation, or ingestion of any amount of the controlled
24    substance.
25        (2) Knowingly administers to an individual or causes
26    him or her to take, without his or her consent or by threat

 

 

SB3107- 14 -LRB103 39088 RLC 69226 b

1    or deception, and for other than medical purposes, any
2    intoxicating, poisonous, stupefying, narcotic,
3    anesthetic, or controlled substance, or gives to another
4    person any food containing any substance or object
5    intended to cause physical injury if eaten.
6        (3) Knowingly causes or attempts to cause a
7    correctional institution employee or Department of Human
8    Services employee to come into contact with blood, seminal
9    fluid, urine, or feces by throwing, tossing, or expelling
10    the fluid or material, and the person is an inmate of a
11    penal institution or is a sexually dangerous person or
12    sexually violent person in the custody of the Department
13    of Human Services.
14    (h) Sentence. Unless otherwise provided, aggravated
15battery is a Class 3 felony.
16    Aggravated battery as defined in subdivision (a)(4),
17(d)(4), or (g)(3) is a Class 2 felony.
18    Aggravated battery as defined in subdivision (a)(3) or
19(g)(1) is a Class 1 felony.
20    Aggravated battery as defined in subdivision (a)(1) is a
21Class 1 felony when the aggravated battery was intentional and
22involved the infliction of torture, as defined in paragraph
23(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
24of Corrections, as the infliction of or subjection to extreme
25physical pain, motivated by an intent to increase or prolong
26the pain, suffering, or agony of the victim.

 

 

SB3107- 15 -LRB103 39088 RLC 69226 b

1    Aggravated battery as defined in subdivision (a)(1) is a
2Class 2 felony when the person causes great bodily harm or
3permanent disability to an individual whom the person knows to
4be a member of a congregation engaged in prayer or other
5religious activities at a church, synagogue, mosque, or other
6building, structure, or place used for religious worship.
7    Aggravated battery under subdivision (a)(5) is a Class 1
8felony if:
9        (A) the person used or attempted to use a dangerous
10    instrument while committing the offense;
11        (B) the person caused great bodily harm or permanent
12    disability or disfigurement to the other person while
13    committing the offense; or
14        (C) the person has been previously convicted of a
15    violation of subdivision (a)(5) under the laws of this
16    State or laws similar to subdivision (a)(5) of any other
17    state.
18    Aggravated battery as defined in subdivision (e)(1) is a
19Class X felony.
20    Aggravated battery as defined in subdivision (a)(2) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 6 years and a maximum of 45
23years.
24    Aggravated battery as defined in subdivision (e)(5) is a
25Class X felony for which a person shall be sentenced to a term
26of imprisonment of a minimum of 12 years and a maximum of 45

 

 

SB3107- 16 -LRB103 39088 RLC 69226 b

1years.
2    Aggravated battery as defined in subdivision (e)(2),
3(e)(3), or (e)(4) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 15 years
5and a maximum of 60 years.
6    Aggravated battery as defined in subdivision (e)(6),
7(e)(7), or (e)(8) is a Class X felony for which a person shall
8be sentenced to a term of imprisonment of a minimum of 20 years
9and a maximum of 60 years.
10    Aggravated battery as defined in subdivision (b)(1) is a
11Class X felony, except that:
12        (1) if the person committed the offense while armed
13    with a firearm, 15 years shall be added to the term of
14    imprisonment imposed by the court;
15        (2) if, during the commission of the offense, the
16    person personally discharged a firearm, 20 years shall be
17    added to the term of imprisonment imposed by the court;
18        (3) if, during the commission of the offense, the
19    person personally discharged a firearm that proximately
20    caused great bodily harm, permanent disability, permanent
21    disfigurement, or death to another person, 25 years or up
22    to a term of natural life shall be added to the term of
23    imprisonment imposed by the court.
24    (i) Definitions. In this Section:
25    "Building or other structure used to provide shelter" has
26the meaning ascribed to "shelter" in Section 1 of the Domestic

 

 

SB3107- 17 -LRB103 39088 RLC 69226 b

1Violence Shelters Act.
2    "Domestic violence" has the meaning ascribed to it in
3Section 103 of the Illinois Domestic Violence Act of 1986.
4    "Domestic violence shelter" means any building or other
5structure used to provide shelter or other services to victims
6or to the dependent children of victims of domestic violence
7pursuant to the Illinois Domestic Violence Act of 1986 or the
8Domestic Violence Shelters Act, or any place within 500 feet
9of such a building or other structure in the case of a person
10who is going to or from such a building or other structure.
11    "Emergency department staff" means any clinical or
12nonclinical staff present in the emergency department or
13emergency room of a health care facility who may come in
14contact with patients, including, but not limited to,
15physicians, nurses, nonphysician providers, technicians,
16security staff, patient transporters, respiratory therapists,
17housekeeping personnel, secretaries, and pharmacists.
18    "Firearm" has the meaning provided under Section 1.1 of
19the Firearm Owners Identification Card Act, and does not
20include an air rifle as defined by Section 24.8-0.1 of this
21Code.
22    "Health care facility" means a facility, hospital, or
23establishment licensed or organized under the Ambulatory
24Surgical Treatment Center Act, the University of Illinois
25Hospital Act, the Hospital Licensing Act, the Nursing Home
26Care Act, the Assisted Living and Shared Housing Act, or the

 

 

SB3107- 18 -LRB103 39088 RLC 69226 b

1Community Living Facilities Licensing Act.
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. 103-51, eff. 1-1-24.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.