Full Text of HB4023 93rd General Assembly
HB4023enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 12-2 as follows:
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in | 9 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 11 |
| designed to be
substantially similar in appearance to a | 12 |
| firearm, other than by
discharging a firearm in the | 13 |
| direction of another person, a peace
officer, a person | 14 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 16 |
| occupied by another
person, a peace officer, a person | 17 |
| summoned or directed by a peace officer,
a correctional | 18 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 20 |
| to prevent the
officer or fireman from performing his | 21 |
| official duties, or in retaliation
for the officer or | 22 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 24 |
| conceal his
identity or any device manufactured and | 25 |
| designed to be substantially
similar in appearance to a | 26 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 28 |
| other person
employed in any school and such teacher or | 29 |
| other employee is upon the
grounds of a school or grounds | 30 |
| adjacent thereto, or is in any part of a
building used for | 31 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, |
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| director,
instructor or other person employed in any park | 2 |
| district and such
supervisor, director, instructor or | 3 |
| other employee is upon the grounds of
the park or grounds | 4 |
| adjacent thereto, or is in any part of a building used
for | 5 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 7 |
| investigator, or
other person employed by the State | 8 |
| Department of Public Aid, a
County
Department of Public | 9 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 11 |
| the Department of
Human Services Act) and such caseworker, | 12 |
| investigator, or other person
is upon the grounds of a | 13 |
| public aid office or grounds adjacent thereto, or
is in any | 14 |
| part of a building used for public aid purposes, or upon | 15 |
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grounds of a home of a public aid applicant, recipient | 16 |
| or any other person
being interviewed or investigated in | 17 |
| the employees' discharge of his
duties, or on grounds | 18 |
| adjacent thereto, or is in any part of a building in
which | 19 |
| the applicant, recipient, or other such person resides or | 20 |
| is located;
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| (6) Knows the individual assaulted to be a peace | 22 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 24 |
| any of his
official duties, or to prevent the officer, | 25 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 27 |
| community policing
volunteer, or fireman
performing his | 28 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 30 |
| or fireman or
in the direction of a vehicle occupied by the | 31 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 33 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 35 |
| paramedic, ambulance
driver or other medical
assistance or | 36 |
| first aid personnel engaged in the
execution of any of his |
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| official duties, or to prevent the
emergency medical | 2 |
| technician - ambulance, emergency medical
technician - | 3 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 5 |
| personnel from
performing his official duties, or in | 6 |
| retaliation for the
emergency medical technician - | 7 |
| ambulance, emergency medical
technician - intermediate, | 8 |
| emergency medical technician - paramedic,
ambulance | 9 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 12 |
| operator, employee
or passenger of any transportation | 13 |
| facility or system engaged in the
business of | 14 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 16 |
| such public
transportation as a passenger or using any area | 17 |
| of any description
designated by the transportation | 18 |
| facility or system as a vehicle boarding,
departure, or | 19 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 21 |
| way, public
property, or public place of accommodation or | 22 |
| amusement;
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| (10) Knows the individual assaulted to be an employee | 24 |
| of the State of
Illinois, a municipal corporation therein | 25 |
| or a political subdivision
thereof, engaged in the | 26 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 28 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 30 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 33 |
| correctional officer, while
the officer is engaged in the | 34 |
| execution of any of his or her official duties,
or to | 35 |
| prevent the officer from performing his or her official | 36 |
| duties, or in
retaliation for the officer performing his or |
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| her official duties;
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| (15) Knows the individual assaulted to be a | 3 |
| correctional employee or
an employee of the Department of | 4 |
| Human Services supervising or controlling
sexually | 5 |
| dangerous persons or sexually violent persons, while
the | 6 |
| employee is engaged in the execution of any of his or her | 7 |
| official duties,
or to prevent the employee from performing | 8 |
| his or her official duties, or in
retaliation for the | 9 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 11 |
| firearm in the direction
of the employee or in the | 12 |
| direction of a vehicle occupied by the employee;
or
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| (16) Knows the individual assaulted to be an employee | 14 |
| of a police or
sheriff's department engaged in the | 15 |
| performance of his or her official duties
as such employee ; | 16 |
| or .
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| (17) Knows the individual assaulted to be a sports | 18 |
| official or coach at any level of competition and the act | 19 |
| causing the assault to the sports official or coach | 20 |
| occurred within an athletic facility or an indoor or | 21 |
| outdoor playing field or within the immediate vicinity of | 22 |
| the athletic facility or an indoor or outdoor playing field | 23 |
| at which the sports official or coach was an active | 24 |
| participant in the athletic contest held at the athletic | 25 |
| facility. For the purposes of this paragraph (17), "sports | 26 |
| official" means a person at an athletic contest who | 27 |
| enforces the rules of the contest, such as an umpire or | 28 |
| referee; and "coach" means a person recognized as a coach | 29 |
| by the sanctioning authority that conducted the athletic | 30 |
| contest.
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| (a-5) A person commits an aggravated assault when he or she | 32 |
| knowingly and
without lawful justification shines or flashes a | 33 |
| laser gunsight or other laser
device that is attached or | 34 |
| affixed to a firearm, or used in concert with a
firearm, so | 35 |
| that the laser beam strikes near or in the immediate vicinity | 36 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 3 |
| and (8) through
(12) and (17) of subsection (a) of this Section | 4 |
| is a Class A misdemeanor. Aggravated
assault as defined in | 5 |
| paragraphs (13), (14), and (15) of subsection (a) of this
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| Section and as defined in subsection (a-5) of this Section is a | 7 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), and (16) of
subsection (a) of this Section is a Class | 9 |
| A misdemeanor if a firearm is not
used in the commission of the | 10 |
| assault. Aggravated assault as defined in
paragraphs (6), (7), | 11 |
| and (16) of subsection (a) of this
Section is a Class 4 felony | 12 |
| if a firearm is used in the commission of the
assault.
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| (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; | 14 |
| 92-865, eff.
1-3-03; revised 1-9-03.)
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