Illinois General Assembly - Full Text of HB0440
Illinois General Assembly

Previous General Assemblies

Full Text of HB0440  95th General Assembly

HB0440 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0440

 

Introduced 1/26/2007, by Rep. Brent Hassert - Ruth Munson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-8.5 new
720 ILCS 5/10-2   from Ch. 38, par. 10-2
720 ILCS 5/12-2   from Ch. 38, par. 12-2
720 ILCS 5/12-4   from Ch. 38, par. 12-4
720 ILCS 5/18-5
720 ILCS 5/20-1.1   from Ch. 38, par. 20-1.1

    Amends the Criminal Code of 1961. Provides that kidnaping, assault, battery, robbery, or arson committed by a gang member is enhanced to an aggravated kidnaping, aggravated assault, aggravated battery, aggravated robbery, or aggravated arson.


LRB095 03707 RLC 23734 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0440 LRB095 03707 RLC 23734 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 10-2, 12-2, 12-4, 18-5, and 20-1.1 and by adding
6 Section 2-8.5 as follows:
 
7     (720 ILCS 5/2-8.5 new)
8     Sec. 2-8.5. Gang member. "Gang member" has the meaning
9 ascribed to it in Section 10 of the Illinois Streetgang
10 Terrorism Omnibus Prevention Act.
 
11     (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
12     Sec. 10-2. Aggravated kidnaping.
13     (a) A kidnaper within the definition of paragraph (a) of
14 Section 10-1 is guilty of the offense of aggravated kidnaping
15 when he:
16         (1) Kidnaps for the purpose of obtaining ransom from
17     the person kidnaped or from any other person, or
18         (2) Takes as his victim a child under the age of 13
19     years, or a severely or profoundly mentally retarded
20     person, or
21         (3) Inflicts great bodily harm, other than by the
22     discharge of a firearm, or commits another felony upon his

 

 

HB0440 - 2 - LRB095 03707 RLC 23734 b

1     victim, or
2         (4) Wears a hood, robe or mask or conceals his
3     identity, or
4         (5) Commits the offense of kidnaping while armed with a
5     dangerous weapon, other than a firearm, as defined in
6     Section 33A-1 of the "Criminal Code of 1961", or
7         (6) Commits the offense of kidnaping while armed with a
8     firearm, or
9         (7) During the commission of the offense of kidnaping,
10     personally discharged a firearm, or
11         (8) During the commission of the offense of kidnaping,
12     personally discharged a firearm that proximately caused
13     great bodily harm, permanent disability, permanent
14     disfigurement, or death to another person, or
15         (9) Is a gang member.
16     As used in this Section, "ransom" includes money, benefit
17 or other valuable thing or concession.
18     (b) Sentence. Aggravated kidnaping in violation of
19 paragraph (1), (2), (3), (4), or (5), or (9) of subsection (a)
20 is a Class X felony. A violation of subsection (a)(6) is a
21 Class X felony for which 15 years shall be added to the term of
22 imprisonment imposed by the court. A violation of subsection
23 (a)(7) is a Class X felony for which 20 years shall be added to
24 the term of imprisonment imposed by the court. A violation of
25 subsection (a)(8) is a Class X felony for which 25 years or up
26 to a term of natural life shall be added to the term of

 

 

HB0440 - 3 - LRB095 03707 RLC 23734 b

1 imprisonment imposed by the court.
2     A person who is convicted of a second or subsequent offense
3 of aggravated kidnaping shall be sentenced to a term of natural
4 life imprisonment; provided, however, that a sentence of
5 natural life imprisonment shall not be imposed under this
6 Section unless the second or subsequent offense was committed
7 after conviction on the first offense.
8 (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
 
9     (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
10     Sec. 12-2. Aggravated assault.
11     (a) A person commits an aggravated assault, when, in
12 committing an assault, he:
13         (1) Uses a deadly weapon or any device manufactured and
14     designed to be substantially similar in appearance to a
15     firearm, other than by discharging a firearm in the
16     direction of another person, a peace officer, a person
17     summoned or directed by a peace officer, a correctional
18     officer or a fireman or in the direction of a vehicle
19     occupied by another person, a peace officer, a person
20     summoned or directed by a peace officer, a correctional
21     officer or a fireman while the officer or fireman is
22     engaged in the execution of any of his official duties, or
23     to prevent the officer or fireman from performing his
24     official duties, or in retaliation for the officer or
25     fireman performing his official duties;

 

 

HB0440 - 4 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 5 - LRB095 03707 RLC 23734 b

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 -

 

 

HB0440 - 6 - LRB095 03707 RLC 23734 b

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;

 

 

HB0440 - 7 - LRB095 03707 RLC 23734 b

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;

 

 

HB0440 - 8 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 9 - LRB095 03707 RLC 23734 b

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     (a-6) A person commits an aggravated assault when he or she
10 commits an assault and at the time of the commission of the
11 assault was a gang member.
12     (b) Sentence.
13     Aggravated assault as defined in paragraphs (1) through (5)
14 and (8) through (12) and (17) of subsection (a) of this Section
15 is a Class A misdemeanor. Aggravated assault as defined in
16 paragraphs (13), (14), and (15) of subsection (a) of this
17 Section and as defined in subsections subsection (a-5) and
18 (a-6) of this Section is a Class 4 felony. Aggravated assault
19 as defined in paragraphs (6), (7), (16), and (18) of subsection
20 (a) of this Section is a Class A misdemeanor if a firearm is
21 not used in the commission of the assault. Aggravated assault
22 as defined in paragraphs (6), (7), (16), and (18) of subsection
23 (a) of this Section is a Class 4 felony if a firearm is used in
24 the commission of the assault.
25 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
26 eff. 1-1-06; revised 12-15-05.)
 

 

 

HB0440 - 10 - LRB095 03707 RLC 23734 b

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 of
9     a firearm;
10         (2) Is hooded, robed or masked, in such manner as to
11     conceal his identity;
12         (3) Knows the individual harmed to be a teacher or
13     other person employed in any school and such teacher or
14     other employee is upon the grounds of a school or grounds
15     adjacent thereto, or is in any part of a building used for
16     school purposes;
17         (4) (Blank);
18         (5) (Blank);
19         (6) Knows the individual harmed to be a community
20     policing volunteer while such volunteer is engaged in the
21     execution of any official duties, or to prevent the
22     volunteer from performing official duties, or in
23     retaliation for the volunteer performing official duties,
24     and the battery is committed other than by the discharge of
25     a firearm;

 

 

HB0440 - 11 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 12 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 13 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 14 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 15 - LRB095 03707 RLC 23734 b

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

 

 

HB0440 - 16 - LRB095 03707 RLC 23734 b

1     or controlling sexually dangerous persons or sexually
2     violent persons, or a fireman while such officer,
3     volunteer, employee, or fireman is engaged in the execution
4     of any official duties including arrest or attempted
5     arrest, or to prevent the officer, volunteer, employee, or
6     fireman from performing official duties, or in retaliation
7     for the officer, volunteer, employee, or fireman
8     performing official duties, and the battery is committed
9     other than by the discharge of a firearm.
10 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
11 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
12 94-482, eff. 1-1-06; revised 8-19-05.)
 
13     (720 ILCS 5/18-5)
14     Sec. 18-5. Aggravated robbery.
15     (a) A person commits aggravated robbery when he or she
16 takes property from the person or presence of another by the
17 use of force or by threatening the imminent use of force while
18 indicating verbally or by his or her actions to the victim that
19 he or she is presently armed with a firearm or other dangerous
20 weapon, including a knife, club, ax, or bludgeon. This offense
21 shall be applicable even though it is later determined that he
22 or she had no firearm or other dangerous weapon, including a
23 knife, club, ax, or bludgeon, in his or her possession when he
24 or she committed the robbery.
25     (a-5) A person commits aggravated robbery when he or she

 

 

HB0440 - 17 - LRB095 03707 RLC 23734 b

1 takes property from the person or presence of another by
2 delivering (by injection, inhalation, ingestion, transfer of
3 possession, or any other means) to the victim without his or
4 her consent, or by threat or deception, and for other than
5 medical purposes, any controlled substance.
6     (a-6) A person commits aggravated robbery when he or she
7 commits a robbery and at the time of the commission of the
8 offense was a gang member.
9     (b) Sentence. Aggravated robbery is a Class 1 felony.
10 (Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98;
11 91-357, eff. 7-29-99.)
 
12     (720 ILCS 5/20-1.1)  (from Ch. 38, par. 20-1.1)
13     Sec. 20-1.1. Aggravated Arson.
14     (a) A person commits aggravated arson when in the course of
15 committing arson he or she knowingly damages, partially or
16 totally, any building or structure, including any adjacent
17 building or structure, including all or any part of a school
18 building, house trailer, watercraft, motor vehicle, or
19 railroad car, and (1) he knows or reasonably should know that
20 one or more persons are present therein or (2) any person
21 suffers great bodily harm, or permanent disability or
22 disfigurement as a result of the fire or explosion or (3) a
23 fireman, policeman, or correctional officer who is present at
24 the scene acting in the line of duty is injured as a result of
25 the fire or explosion. For purposes of this Section, property

 

 

HB0440 - 18 - LRB095 03707 RLC 23734 b

1 "of another" means a building or other property, whether real
2 or personal, in which a person other than the offender has an
3 interest that the offender has no authority to defeat or
4 impair, even though the offender may also have an interest in
5 the building or property; and "school building" means any
6 public or private preschool, elementary or secondary school,
7 community college, college, or university.
8     (a-5) A person commits aggravated arson when he or she
9 commits an arson and at the time of the commission of the
10 offense was a gang member.
11     (b) Sentence. Aggravated arson is a Class X felony.
12 (Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05;
13 94-393, eff. 8-1-05.)