Illinois General Assembly - Full Text of HB0147
Illinois General Assembly

Previous General Assemblies

Full Text of HB0147  99th General Assembly

HB0147 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0147

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

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

    Amends the Criminal Code of 2012. Makes it a Class 1 felony aggravated battery for a person at least 18 years of age to cause bodily harm or disability or disfigurement to an enrolled school student under 18 years of age, if the offense was committed within a school safe passage route. Defines "safe passage route".


LRB099 03816 RLC 23829 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0147LRB099 03816 RLC 23829 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 changing
5Section 12-3.05 as follows:
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability or
13    disfigurement.
14        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological
17    or chemical contaminant or agent, a radioactive substance,
18    or a bomb or explosive compound.
19        (3) Causes great bodily harm or permanent disability or
20    disfigurement to an individual whom the person knows to be
21    a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, or Department of Human Services employee

 

 

HB0147- 2 -LRB099 03816 RLC 23829 b

1    supervising or controlling sexually dangerous persons or
2    sexually violent persons:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (4) Causes great bodily harm or permanent disability or
9    disfigurement to an individual 60 years of age or older.
10        (5) Strangles another individual.
11    (b) Offense based on injury to a child or intellectually
12disabled person. A person who is at least 18 years of age
13commits aggravated battery when, in committing a battery, he or
14she knowingly and without legal justification by any means:
15        (1) causes great bodily harm or permanent disability or
16    disfigurement to any child under the age of 13 years, or to
17    any severely or profoundly intellectually disabled person;
18    or
19        (2) causes bodily harm or disability or disfigurement
20    to any child under the age of 13 years or to any severely
21    or profoundly intellectually disabled person.
22    (c) Offense based on location of conduct. A person commits
23aggravated battery when, in committing a battery: ,
24        (1) other than by the discharge of a firearm, he or she
25    is or the person battered is on or about a public way,
26    public property, a public place of accommodation or

 

 

HB0147- 3 -LRB099 03816 RLC 23829 b

1    amusement, a sports venue, or a domestic violence shelter;
2    or .
3        (2) the person is at least 18 years of age and causes
4    bodily harm or disability or disfigurement to an enrolled
5    school student under 18 years of age, when he or she or the
6    student battered is traveling to or from a school on a
7    school safe passage route.
8    (d) Offense based on status of victim. A person commits
9aggravated battery when, in committing a battery, other than by
10discharge of a firearm, he or she knows the individual battered
11to be any of the following:
12        (1) A person 60 years of age or older.
13        (2) A person who is pregnant or physically handicapped.
14        (3) A teacher or school employee upon school grounds or
15    grounds adjacent to a school or in any part of a building
16    used for school purposes.
17        (4) A peace officer, community policing volunteer,
18    fireman, private security officer, correctional
19    institution employee, or Department of Human Services
20    employee supervising or controlling sexually dangerous
21    persons or sexually violent persons:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

HB0147- 4 -LRB099 03816 RLC 23829 b

1        (5) A judge, emergency management worker, emergency
2    medical technician, or utility worker:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (6) An officer or employee of the State of Illinois, a
9    unit of local government, or a school district, while
10    performing his or her official duties.
11        (7) A transit employee performing his or her official
12    duties, or a transit passenger.
13        (8) A taxi driver on duty.
14        (9) A merchant who detains the person for an alleged
15    commission of retail theft under Section 16-26 of this Code
16    and the person without legal justification by any means
17    causes bodily harm to the merchant.
18        (10) A person authorized to serve process under Section
19    2-202 of the Code of Civil Procedure or a special process
20    server appointed by the circuit court while that individual
21    is in the performance of his or her duties as a process
22    server.
23        (11) A nurse while in the performance of his or her
24    duties as a nurse.
25    (e) Offense based on use of a firearm. A person commits
26aggravated battery when, in committing a battery, he or she

 

 

HB0147- 5 -LRB099 03816 RLC 23829 b

1knowingly does any of the following:
2        (1) Discharges a firearm, other than a machine gun or a
3    firearm equipped with a silencer, and causes any injury to
4    another person.
5        (2) Discharges a firearm, other than a machine gun or a
6    firearm equipped with a silencer, and causes any injury to
7    a person he or she knows to be a peace officer, community
8    policing volunteer, person summoned by a police officer,
9    fireman, private security officer, correctional
10    institution employee, or emergency management worker:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (3) Discharges a firearm, other than a machine gun or a
17    firearm equipped with a silencer, and causes any injury to
18    a person he or she knows to be an emergency medical
19    technician employed by a municipality or other
20    governmental unit:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (4) Discharges a firearm and causes any injury to a

 

 

HB0147- 6 -LRB099 03816 RLC 23829 b

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

 

 

HB0147- 7 -LRB099 03816 RLC 23829 b

1        or her official duties.
2        (8) Discharges a machine gun or a firearm equipped with
3    a silencer, and causes any injury to a person he or she
4    knows to be a teacher, or a student in a school, or a
5    school employee, and the teacher, student, or employee is
6    upon school grounds or grounds adjacent to a school or in
7    any part of a building used for school purposes.
8    (f) Offense based on use of a weapon or device. A person
9commits aggravated battery when, in committing a battery, he or
10she does any of the following:
11        (1) Uses a deadly weapon other than by discharge of a
12    firearm, or uses an air rifle as defined in Section
13    24.8-0.1 of this Code.
14        (2) Wears a hood, robe, or mask to conceal his or her
15    identity.
16        (3) Knowingly and without lawful justification shines
17    or flashes a laser gunsight or other laser device attached
18    to a firearm, or used in concert with a firearm, so that
19    the laser beam strikes upon or against the person of
20    another.
21        (4) Knowingly video or audio records the offense with
22    the intent to disseminate the recording.
23    (g) Offense based on certain conduct. A person commits
24aggravated battery when, other than by discharge of a firearm,
25he or she does any of the following:
26        (1) Violates Section 401 of the Illinois Controlled

 

 

HB0147- 8 -LRB099 03816 RLC 23829 b

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

 

 

HB0147- 9 -LRB099 03816 RLC 23829 b

1    Aggravated battery as defined in subdivision (a)(1) is a
2Class 1 felony when the aggravated battery was intentional and
3involved the infliction of torture, as defined in paragraph
4(14) of subsection (b) of Section 9-1 of this Code, as the
5infliction of or subjection to extreme physical pain, motivated
6by an intent to increase or prolong the pain, suffering, or
7agony of the victim.
8    Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10        (A) the person used or attempted to use a dangerous
11    instrument while committing the offense; or
12        (B) the person caused great bodily harm or permanent
13    disability or disfigurement to the other person while
14    committing the offense; or
15        (C) the person has been previously convicted of a
16    violation of subdivision (a)(5) under the laws of this
17    State or laws similar to subdivision (a)(5) of any other
18    state.
19    Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21    Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

 

 

HB0147- 10 -LRB099 03816 RLC 23829 b

1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13        (1) if the person committed the offense while armed
14    with a firearm, 15 years shall be added to the term of
15    imprisonment imposed by the court;
16        (2) if, during the commission of the offense, the
17    person personally discharged a firearm, 20 years shall be
18    added to the term of imprisonment imposed by the court;
19        (3) if, during the commission of the offense, the
20    person personally discharged a firearm that proximately
21    caused great bodily harm, permanent disability, permanent
22    disfigurement, or death to another person, 25 years or up
23    to a term of natural life shall be added to the term of
24    imprisonment imposed by the court.
25    (i) Definitions. For the purposes of this Section:
26    "Building or other structure used to provide shelter" has

 

 

HB0147- 11 -LRB099 03816 RLC 23829 b

1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3    "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet of
10such a building or other structure in the case of a person who
11is going to or from such a building or other structure.
12    "Firearm" has the meaning provided under Section 1.1 of the
13Firearm Owners Identification Card Act, and does not include an
14air rifle as defined by Section 24.8-0.1 of this Code.
15    "Machine gun" has the meaning ascribed to it in Section
1624-1 of this Code.
17    "Merchant" has the meaning ascribed to it in Section 16-0.1
18of this Code.
19    "Safe passage route" means a public way which has been
20designated, and published on the Internet, by the mayor or
21corporate authorities of a municipality or if in an
22unincorporated area the county board, as a route school
23students should use to transit to and from school. The safe
24passage route designation is in effect between the hours of
256:00 a.m. and 7 p.m. on any day school is in session, during
26any school activity, and within one hour before the starting

 

 

HB0147- 12 -LRB099 03816 RLC 23829 b

1time and one hour after the ending time of a school activity.
2    "Strangle" means intentionally impeding the normal
3breathing or circulation of the blood of an individual by
4applying pressure on the throat or neck of that individual or
5by blocking the nose or mouth of that individual.
6(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
71-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
8eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
9eff. 7-16-14.)