Full Text of SB0062 95th General Assembly
SB0062 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0062
Introduced 1/31/2007, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
720 ILCS 535/7 |
from Ch. 38, par. 82-7 |
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Amends the Criminal Code of 1961. Provides that an assault or battery using an air rifle constitutes aggravated assault or aggravated battery. Amends the Air Rifle Act. Eliminates the maximum $50 fine that may be imposed for violation of the Act by a person who is not a dealer of air rifles. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0062 |
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LRB095 06267 RLC 26362 b |
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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 |
| Sections 12-2 and 12-4 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 , an air rifle as defined in | 11 |
| the Air Rifle Act, or any device manufactured and designed | 12 |
| to be
substantially similar in appearance to a firearm, | 13 |
| other than by
discharging a firearm in the direction of | 14 |
| another person, a peace
officer, a person summoned or | 15 |
| directed by a peace officer, a correctional
officer or a | 16 |
| fireman or in the direction of a vehicle occupied by | 17 |
| another
person, a peace officer, a person summoned or | 18 |
| directed by a peace officer,
a correctional officer or a | 19 |
| fireman while the officer or fireman is
engaged in the | 20 |
| execution of any of his official duties, or to prevent the
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| officer or fireman from performing his official duties, or | 22 |
| in retaliation
for the officer or fireman performing his | 23 |
| official duties;
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| (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;
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| (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;
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| (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;
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| (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
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| 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
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| 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;
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| (6) Knows the individual assaulted to be a peace | 6 |
| officer, or a community
policing volunteer, or a fireman
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| 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
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| 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
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| 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;
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| (7) Knows the individual assaulted to be
an emergency | 17 |
| medical technician - ambulance, emergency medical
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| 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,
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| 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 - |
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| ambulance, emergency medical
technician - intermediate, | 2 |
| emergency medical technician - paramedic,
ambulance | 3 |
| 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, | 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
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| 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;
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| (9) Or the individual assaulted is on or about a public | 15 |
| way, public
property, or public place of accommodation or | 16 |
| amusement;
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| (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;
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| (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;
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| (11) Knowingly and without legal justification, | 6 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 8 |
| 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 | 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;
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| (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
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| 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;
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| (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
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| (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 .
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| (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 |
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| emergency management
worker or in the direction of a | 2 |
| vehicle occupied by the emergency management
worker.
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| (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.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 11 |
| and (8) through
(12) and (17) of subsection (a) of this Section | 12 |
| is a Class A misdemeanor. Aggravated
assault as defined in | 13 |
| 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 | 15 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), (16), and (18) of
subsection (a) of this Section is a | 17 |
| Class A misdemeanor if a firearm is not
used in the commission | 18 |
| of the assault. Aggravated assault as defined in
paragraphs | 19 |
| (6), (7), (16), and (18) of subsection (a) of this
Section is a | 20 |
| Class 4 felony if a firearm is used in the commission of the
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| assault.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 23 |
| eff. 1-1-06; revised 12-15-05.)
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who, in committing a battery, intentionally or | 2 |
| knowingly
causes great bodily harm, or permanent disability or | 3 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 5 |
| battery if he or
she:
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| (1) Uses a deadly weapon , other than by the discharge | 7 |
| of a firearm , or uses an air rifle as defined in the Air | 8 |
| Rifle Act ;
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| (2) Is hooded, robed or masked, in such manner as to | 10 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 12 |
| other person
employed in any school and such teacher or | 13 |
| other employee is upon the
grounds of a school or grounds | 14 |
| adjacent thereto, or is in any part of a
building used for | 15 |
| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the | 20 |
| execution of
any official duties, or to prevent the | 21 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 23 |
| and the battery is committed other than by the discharge of | 24 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 26 |
| medical technician -
ambulance, emergency medical |
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| technician - intermediate, emergency medical
technician - | 2 |
| paramedic, ambulance driver, other medical assistance, | 3 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 5 |
| prevent the emergency medical technician - ambulance, | 6 |
| emergency medical
technician - intermediate, emergency | 7 |
| medical technician - paramedic, ambulance
driver, other | 8 |
| medical assistance, first aid personnel, or
hospital | 9 |
| personnel from performing
official duties, or in | 10 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 12 |
| way, public
property or public place of accommodation or | 13 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 15 |
| privately owned sports or entertainment arena, stadium, | 16 |
| community or convention hall, special event center, | 17 |
| amusement facility, or a special event center in a public | 18 |
| park during any 24-hour period when a professional sporting | 19 |
| event, National Collegiate Athletic Association | 20 |
| (NCAA)-sanctioned sporting event, United States Olympic | 21 |
| Committee-sanctioned sporting event, or International | 22 |
| Olympic Committee-sanctioned sporting event is taking | 23 |
| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 25 |
| operator, employee
or passenger of any transportation | 26 |
| facility or system engaged in the
business of |
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| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 3 |
| such public
transportation as a passenger or using any area | 4 |
| of any description
designated by the transportation | 5 |
| facility or system as a vehicle
boarding, departure, or | 6 |
| transfer location;
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| (10) Knows the individual harmed to be an individual of | 8 |
| 60 years of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) Knows the individual harmed to be a judge whom the
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| person intended to harm as a result of the judge's | 12 |
| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is | 15 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 17 |
| any means causes
bodily harm to a merchant who detains the | 18 |
| person for an alleged commission of
retail theft under | 19 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 20 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 21 |
| Code;
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| (16) Is, or the person battered is, in any building or | 23 |
| other structure
used to provide shelter or other services | 24 |
| to victims or to the dependent
children of victims of | 25 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, |
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| or the person
battered is within 500 feet of such a | 2 |
| building or other structure while going
to or from such a | 3 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 5 |
| Domestic Violence Act of
1986. "Building or other structure | 6 |
| used to provide shelter" has the meaning
ascribed to | 7 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 8 |
| Act;
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| (17) (Blank); or
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| (18) Knows the individual harmed to be an officer or | 11 |
| employee of the State of Illinois, a unit of local | 12 |
| government, or school district engaged in the performance | 13 |
| of his or her authorized duties as such officer or | 14 |
| employee ; or .
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| (19)
(18) Knows the individual harmed to be an | 16 |
| emergency management worker
engaged in the performance of | 17 |
| any of his or her official duties, or to prevent
the | 18 |
| emergency management worker from performing official | 19 |
| duties, or in
retaliation for the emergency management | 20 |
| worker performing official duties.
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| For the purpose of paragraph (14) of subsection (b) of this | 22 |
| Section, a
physically handicapped person is a person who | 23 |
| suffers from a permanent and
disabling physical | 24 |
| characteristic, resulting from disease, injury,
functional | 25 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him |
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| to take,
without his consent or by threat or deception, and for | 2 |
| other than
medical purposes, any intoxicating, poisonous, | 3 |
| stupefying, narcotic,
anesthetic, or controlled substance | 4 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 6 |
| that
contains any substance or object that is intended to cause | 7 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 9 |
| knowingly and
without lawful justification shines or flashes a | 10 |
| laser gunsight or other laser
device that is attached or | 11 |
| affixed to a firearm, or used in concert with a
firearm, so | 12 |
| that the laser beam strikes upon or against the person of | 13 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 15 |
| dangerous person or a
sexually violent person in the custody of | 16 |
| the Department of Human Services
who causes or attempts to | 17 |
| cause a
correctional employee of the penal institution or an | 18 |
| employee of the
Department of Human Services to come into | 19 |
| contact with blood,
seminal fluid, urine, or feces, by | 20 |
| throwing, tossing, or expelling that fluid
or material commits | 21 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 23 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) and | 26 |
| (3), aggravated battery is a Class 3 felony. |
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| (2) Aggravated battery that does not cause great bodily | 2 |
| harm or permanent disability or disfigurement is a Class 2 | 3 |
| felony when the person knows
the individual harmed to be a | 4 |
| peace officer, a community
policing volunteer, a | 5 |
| correctional institution employee, an
employee of the | 6 |
| Department of Human Services supervising or
controlling | 7 |
| sexually dangerous persons or sexually violent
persons, or | 8 |
| a fireman while such officer, volunteer, employee,
or | 9 |
| fireman is engaged in the execution of any official duties
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| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing
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| official duties, or in retaliation for the officer, | 13 |
| volunteer,
employee, or fireman performing official | 14 |
| duties, and the
battery is committed other than by the | 15 |
| discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or | 17 |
| permanent disability or disfigurement in
violation of | 18 |
| subsection (a)
is a Class 1 felony when the person knows | 19 |
| the individual harmed to be a peace
officer, a community
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| policing volunteer, a correctional institution employee, | 21 |
| an employee
of the Department of Human Services supervising | 22 |
| or controlling sexually
dangerous persons or sexually | 23 |
| violent persons, or a fireman while
such officer, | 24 |
| volunteer, employee, or fireman is engaged in the execution | 25 |
| of
any official duties including arrest or attempted | 26 |
| arrest, or to prevent the
officer, volunteer, employee, or |
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| fireman from performing official duties, or in
retaliation | 2 |
| for the officer, volunteer, employee, or fireman | 3 |
| performing official
duties, and the battery is committed | 4 |
| other than by the discharge of a firearm .
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| (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | 6 |
| eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | 7 |
| 94-482, eff. 1-1-06; revised 8-19-05.)
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| Section 10. The Air Rifle Act is amended by changing | 9 |
| Section 7 as follows:
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| (720 ILCS 535/7) (from Ch. 38, par. 82-7)
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| Sec. 7. Sentence.
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| Any dealer violating any provision of Section 2 of this Act | 13 |
| commits a
petty offense.
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| Any person violating any other provision of this Act | 15 |
| commits a petty
offense and shall pay a fine not to exceed $50 .
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| (Source: P.A. 77-2815.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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