Illinois General Assembly - Full Text of HB5523
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Full Text of HB5523  99th General Assembly

HB5523 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5523

 

Introduced , by Rep. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2

    Amends the Criminal Code of 2012. Provides that aggravated assault committed by using an air rifle, any device manufactured and designed to be substantially similar in appearance to a firearm, or a deadly weapon other than a firearm, is a Class 4 felony (rather than a Class A misdemeanor) when the victim is a peace officer.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5523LRB099 18383 RLC 42758 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 12-2 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 an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits
13aggravated assault when, in committing an assault, he or she
14knows the individual assaulted to be any of the following:
15        (1) A person with a physical disability or a person 60
16    years of age or older and the assault is without legal
17    justification.
18        (2) A teacher or school employee upon school grounds or
19    grounds adjacent to a school or in any part of a building
20    used for school purposes.
21        (3) A park district employee upon park grounds or
22    grounds adjacent to a park or in any part of a building
23    used for park purposes.

 

 

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1        (4) A community policing volunteer, private security
2    officer, or utility worker:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (4.1) A peace officer, fireman, emergency management
9    worker, or emergency medical technician:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or her
12        official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (5) A correctional officer or probation officer:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or her
18        official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (6) A correctional institution employee, a county
22    juvenile detention center employee who provides direct and
23    continuous supervision of residents of a juvenile
24    detention center, including a county juvenile detention
25    center employee who supervises recreational activity for
26    residents of a juvenile detention center, or a Department

 

 

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1    of Human Services employee, Department of Human Services
2    officer, or employee of a subcontractor of the Department
3    of Human Services supervising or controlling sexually
4    dangerous persons or sexually violent persons:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or her
7        official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (7) An employee of the State of Illinois, a municipal
11    corporation therein, or a political subdivision thereof,
12    performing his or her official duties.
13        (8) A transit employee performing his or her official
14    duties, or a transit passenger.
15        (9) A sports official or coach actively participating
16    in any level of athletic competition within a sports venue,
17    on an indoor playing field or outdoor playing field, or
18    within the immediate vicinity of such a facility or field.
19        (10) A person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure or a special process
21    server appointed by the circuit court, while that
22    individual is in the performance of his or her duties as a
23    process server.
24    (c) Offense based on use of firearm, device, or motor
25vehicle. A person commits aggravated assault when, in
26committing an assault, he or she does any of the following:

 

 

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1        (1) Uses a deadly weapon, an air rifle as defined in
2    Section 24.8-0.1 of this Act, or any device manufactured
3    and designed to be substantially similar in appearance to a
4    firearm, other than by discharging a firearm.
5        (2) Discharges a firearm, other than from a motor
6    vehicle.
7        (3) Discharges a firearm from a motor vehicle.
8        (4) Wears a hood, robe, or mask to conceal his or her
9    identity.
10        (5) Knowingly and without lawful justification shines
11    or flashes a laser gun sight or other laser device attached
12    to a firearm, or used in concert with a firearm, so that
13    the laser beam strikes near or in the immediate vicinity of
14    any person.
15        (6) Uses a firearm, other than by discharging the
16    firearm, against a peace officer, community policing
17    volunteer, fireman, private security officer, emergency
18    management worker, emergency medical technician, employee
19    of a police department, employee of a sheriff's department,
20    or traffic control municipal employee:
21            (i) performing his or her official duties;
22            (ii) assaulted to prevent performance of his or her
23        official duties; or
24            (iii) assaulted in retaliation for performing his
25        or her official duties.
26        (6.5) Uses an air rifle, any device manufactured and

 

 

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1    designed to be substantially similar in appearance to a
2    firearm, or a deadly weapon other than a firearm against a
3    peace officer:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or her
6        official duties; or
7            (iii) assaulted in retaliation for performing his
8        or her official duties.
9        (7) Without justification operates a motor vehicle in a
10    manner which places a person, other than a person listed in
11    subdivision (b)(4), in reasonable apprehension of being
12    struck by the moving motor vehicle.
13        (8) Without justification operates a motor vehicle in a
14    manner which places a person listed in subdivision (b)(4),
15    in reasonable apprehension of being struck by the moving
16    motor vehicle.
17        (9) Knowingly video or audio records the offense with
18    the intent to disseminate the recording.
19    (d) Sentence. Aggravated assault as defined in subdivision
20(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
21(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
22aggravated assault as defined in subdivision (b)(4) and (b)(7)
23is a Class 4 felony if a Category I, Category II, or Category
24III weapon is used in the commission of the assault. Aggravated
25assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
26(b)(10), (c)(2), (c)(5), (c)(6), (c)(6.5), or (c)(7) is a Class

 

 

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14 felony. Aggravated assault as defined in subdivision (c)(3)
2or (c)(8) is a Class 3 felony.
3    (e) For the purposes of this Section:
4    "Air rifle" has the meaning ascribed to that term in
5Section 24.8-0.1 of this Code. ,
6    "Category I weapon", "Category II weapon, and "Category III
7weapon" have the meanings ascribed to those terms in Section
833A-1 of this Code.
9(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
10eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)