Full Text of SB2004 97th General Assembly
SB2004enr 97TH GENERAL ASSEMBLY |
| | SB2004 Enrolled | | LRB097 10196 RLC 50389 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 12-2 and 12-4 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) A person commits an aggravated assault, when, in | 9 | | committing an
assault, he:
| 10 | | (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, a | 16 | | private security officer, or a fireman or in the direction | 17 | | of a vehicle occupied by another
person, a peace officer, a | 18 | | person summoned or directed by a peace officer,
a | 19 | | correctional officer, a private security officer, or a | 20 | | fireman while the officer or fireman is
engaged in the | 21 | | execution of any of his official duties, or to prevent the
| 22 | | officer or fireman from performing his official duties, or | 23 | | in retaliation
for the officer or fireman performing his |
| | | SB2004 Enrolled | - 2 - | LRB097 10196 RLC 50389 b |
|
| 1 | | official duties;
| 2 | | (2) Is hooded, robed or masked in such manner as to | 3 | | conceal his
identity or any device manufactured and | 4 | | designed to be substantially
similar in appearance to a | 5 | | firearm;
| 6 | | (3) Knows the individual assaulted to be a teacher or | 7 | | other person
employed in any school and such teacher or | 8 | | other employee is upon the
grounds of a school or grounds | 9 | | adjacent thereto, or is in any part of a
building used for | 10 | | school purposes;
| 11 | | (4) Knows the individual assaulted to be a supervisor, | 12 | | director,
instructor or other person employed in any park | 13 | | district and such
supervisor, director, instructor or | 14 | | other employee is upon the grounds of
the park or grounds | 15 | | adjacent thereto, or is in any part of a building used
for | 16 | | park purposes;
| 17 | | (5) Knows the individual assaulted to be a caseworker, | 18 | | investigator, or
other person employed by the Department of | 19 | | Healthcare and Family Services (formerly State Department | 20 | | of Public Aid), a
County
Department of Public Aid, or the | 21 | | Department of Human Services (acting as
successor to the | 22 | | Illinois Department of Public Aid under the Department of
| 23 | | Human Services Act) and such caseworker, investigator, or | 24 | | other person
is upon the grounds of a public aid office or | 25 | | grounds adjacent thereto, or
is in any part of a building | 26 | | used for public aid purposes, or upon the
grounds of a home |
| | | SB2004 Enrolled | - 3 - | LRB097 10196 RLC 50389 b |
|
| 1 | | of a public aid applicant, recipient or any other person
| 2 | | being interviewed or investigated in the employee's | 3 | | discharge of his
duties, or on grounds adjacent thereto, or | 4 | | is in any part of a building in
which the applicant, | 5 | | recipient, or other such person resides or is located;
| 6 | | (6) Knows the individual assaulted to be a peace | 7 | | officer, a community
policing volunteer, a private | 8 | | security officer, or a fireman
while the officer or fireman | 9 | | is engaged in the execution of any of his
official duties, | 10 | | or to prevent the officer, community policing volunteer,
or | 11 | | fireman from performing
his official duties, or in | 12 | | retaliation for the officer, community policing
volunteer, | 13 | | or fireman
performing his official duties, and the assault | 14 | | is committed other than by
the discharge of a firearm in | 15 | | the direction of the officer or fireman or
in the direction | 16 | | of a vehicle occupied by the officer or fireman;
| 17 | | (7) Knows the individual assaulted to be
an emergency | 18 | | medical technician - ambulance, emergency medical
| 19 | | technician - intermediate, emergency medical technician - | 20 | | paramedic, ambulance
driver or other medical
assistance or | 21 | | first aid personnel engaged in the
execution of any of his | 22 | | official duties, or to prevent the
emergency medical | 23 | | technician - ambulance, emergency medical
technician - | 24 | | intermediate, emergency medical technician - paramedic,
| 25 | | ambulance driver, or other medical assistance or first aid | 26 | | personnel from
performing his official duties, or in |
| | | SB2004 Enrolled | - 4 - | LRB097 10196 RLC 50389 b |
|
| 1 | | retaliation for the
emergency medical technician - | 2 | | ambulance, emergency medical
technician - intermediate, | 3 | | emergency medical technician - paramedic,
ambulance | 4 | | driver, or other medical assistance or first aid personnel
| 5 | | performing his official duties;
| 6 | | (8) Knows the individual assaulted to be the driver, | 7 | | operator, employee
or passenger of any transportation | 8 | | facility or system engaged in the
business of | 9 | | transportation of the public for hire and the individual
| 10 | | assaulted is then performing in such capacity or then using | 11 | | such public
transportation as a passenger or using any area | 12 | | of any description
designated by the transportation | 13 | | facility or system as a vehicle boarding,
departure, or | 14 | | transfer location;
| 15 | | (9) Or the individual assaulted is on or about a public | 16 | | way, public
property, or public place of accommodation or | 17 | | amusement;
| 18 | | (9.5) Is, or the individual assaulted is, in or about a | 19 | | publicly or privately owned sports or entertainment arena, | 20 | | stadium, community or convention hall, special event | 21 | | center, amusement facility, or a special event center in a | 22 | | public park during any 24-hour period when a professional | 23 | | sporting event, National Collegiate Athletic Association | 24 | | (NCAA)-sanctioned sporting event, United States Olympic | 25 | | Committee-sanctioned sporting event, or International | 26 | | Olympic Committee-sanctioned sporting event is taking |
| | | SB2004 Enrolled | - 5 - | LRB097 10196 RLC 50389 b |
|
| 1 | | place in this venue;
| 2 | | (10) Knows the individual assaulted to be an employee | 3 | | of the State of
Illinois, a municipal corporation therein | 4 | | or a political subdivision
thereof, engaged in the | 5 | | performance of his authorized duties as such
employee;
| 6 | | (11) Knowingly and without legal justification, | 7 | | commits an assault on
a physically handicapped person;
| 8 | | (12) Knowingly and without legal justification, | 9 | | commits an assault on a
person 60 years of age or older;
| 10 | | (13) Discharges a firearm, other than from a motor | 11 | | vehicle;
| 12 | | (13.5) Discharges a firearm from a motor vehicle;
| 13 | | (14) Knows the individual assaulted to be a | 14 | | correctional officer, while
the officer is engaged in the | 15 | | execution of any of his or her official duties,
or to | 16 | | prevent the officer from performing his or her official | 17 | | duties, or in
retaliation for the officer performing his or | 18 | | her official duties; | 19 | | (14.5) Knows the individual assaulted to be a probation | 20 | | officer, as defined in the Probation and Probation Officers | 21 | | Act, while the officer is engaged in the execution of any | 22 | | of his or her official duties, or to prevent the officer | 23 | | from performing his or her official duties, or in | 24 | | retaliation for the officer performing his or her official | 25 | | duties;
| 26 | | (15) Knows the individual assaulted to be a |
| | | SB2004 Enrolled | - 6 - | LRB097 10196 RLC 50389 b |
|
| 1 | | correctional employee or
an employee or officer of the | 2 | | Department of Human Services supervising or controlling
| 3 | | sexually dangerous persons or sexually violent persons, or | 4 | | an employee of a subcontractor of the Department of Human | 5 | | Services supervising or controlling sexually dangerous | 6 | | persons or sexually violent persons, while
the employee or | 7 | | officer is engaged in the execution of any of his or her | 8 | | official duties,
or to prevent the employee or officer from | 9 | | performing his or her official duties, or in
retaliation | 10 | | for the employee or officer performing his or her official | 11 | | duties, and the
assault is committed other than by the | 12 | | discharge of a firearm in the direction
of the employee or | 13 | | officer or in the direction of a vehicle occupied by the | 14 | | employee or officer;
| 15 | | (16) Knows the individual assaulted to be an employee | 16 | | of a police or
sheriff's department, or a person who is | 17 | | employed by a municipality and whose duties include traffic | 18 | | control, engaged in the performance of his or her official | 19 | | duties
as such employee;
| 20 | | (17) Knows the individual assaulted to be a sports | 21 | | official or coach at any level of competition and the act | 22 | | causing the assault to the sports official or coach | 23 | | occurred within an athletic facility or an indoor or | 24 | | outdoor playing field or within the immediate vicinity of | 25 | | the athletic facility or an indoor or outdoor playing field | 26 | | at which the sports official or coach was an active |
| | | SB2004 Enrolled | - 7 - | LRB097 10196 RLC 50389 b |
|
| 1 | | participant in the athletic contest held at the athletic | 2 | | facility. For the purposes of this paragraph (17), "sports | 3 | | official" means a person at an athletic contest who | 4 | | enforces the rules of the contest, such as an umpire or | 5 | | referee; and "coach" means a person recognized as a coach | 6 | | by the sanctioning authority that conducted the athletic | 7 | | contest;
| 8 | | (18) Knows the individual assaulted to be an emergency | 9 | | management
worker, while the emergency management worker | 10 | | is engaged in the execution of
any of his or her official | 11 | | duties,
or to prevent the emergency management worker from | 12 | | performing his or her
official duties, or in retaliation | 13 | | for the emergency management worker
performing his or her | 14 | | official duties, and the assault is committed other than
by | 15 | | the discharge of a firearm in the direction of the | 16 | | emergency management
worker or in the direction of a | 17 | | vehicle occupied by the emergency management
worker; or | 18 | | (19) Knows the individual assaulted to be a utility | 19 | | worker, while the utility worker is engaged in the | 20 | | execution of his or her duties, or to prevent the utility | 21 | | worker from performing his or her duties, or in retaliation | 22 | | for the utility worker performing his or her duties. In | 23 | | this paragraph (19), "utility worker" means a person | 24 | | employed by a public utility as defined in Section 3-105 of | 25 | | the Public Utilities Act and also includes an employee of a | 26 | | municipally owned utility, an employee of a cable |
| | | SB2004 Enrolled | - 8 - | LRB097 10196 RLC 50389 b |
|
| 1 | | television company, an employee of an electric
cooperative | 2 | | as defined in Section 3-119 of the Public Utilities
Act, an | 3 | | independent contractor or an employee of an independent
| 4 | | contractor working on behalf of a cable television company, | 5 | | public utility, municipally
owned utility, or an electric | 6 | | cooperative, or an employee of a
telecommunications | 7 | | carrier as defined in Section 13-202 of the
Public | 8 | | Utilities Act, an independent contractor or an employee of
| 9 | | an independent contractor working on behalf of a
| 10 | | telecommunications carrier, or an employee of a telephone | 11 | | or
telecommunications cooperative as defined in Section | 12 | | 13-212 of
the Public Utilities Act, or an independent | 13 | | contractor or an
employee of an independent contractor | 14 | | working on behalf of a
telephone or telecommunications | 15 | | cooperative ; or . | 16 | | (20) Knows the individual assaulted to be either: | 17 | | (A) a person authorized to serve process under | 18 | | Section 2-202 of the Code of Civil Procedure; or | 19 | | (B) a special process server appointed by the | 20 | | circuit court; | 21 | | while that individual is in the performance of his or her | 22 | | duties as a process server. | 23 | | (a-5) A person commits an aggravated assault when he or she | 24 | | knowingly and
without lawful justification shines or flashes a | 25 | | laser gunsight or other laser
device that is attached or | 26 | | affixed to a firearm, or used in concert with a
firearm, so |
| | | SB2004 Enrolled | - 9 - | LRB097 10196 RLC 50389 b |
|
| 1 | | that the laser beam strikes near or in the immediate vicinity | 2 | | of
any person.
| 3 | | (a-10) A person commits an aggravated assault when he or | 4 | | she knowingly and without justification operates a motor | 5 | | vehicle in a manner which places a person in reasonable | 6 | | apprehension of being struck by a moving vehicle. | 7 | | (b) Sentence.
| 8 | | Aggravated assault as defined in paragraphs (1) through (5) | 9 | | and (8) through
(12) and (17) and (19) of subsection (a) of | 10 | | this Section is a Class A misdemeanor. Aggravated
assault as | 11 | | defined in paragraphs (13), (14), (14.5), and (15) , and (20) of | 12 | | subsection (a) of this
Section and as defined in subsection | 13 | | (a-5) or (a-10) of this Section is a Class 4
felony. Aggravated
| 14 | | assault as defined in paragraphs (6) and (16) of subsection (a) | 15 | | of this
Section is a Class A misdemeanor if a Category I, | 16 | | Category II, or Category III weapon is not used in the | 17 | | commission of the
assault. Aggravated
assault as defined in | 18 | | paragraphs (6) and (16) of subsection (a) of this
Section is a | 19 | | Class 4
felony if a Category I, Category II, or Category III | 20 | | weapon is used in the commission of the
assault. Aggravated | 21 | | assault as defined in paragraphs
(7) and (18) of
subsection (a) | 22 | | of this Section is a Class A misdemeanor if a firearm is not
| 23 | | used in the commission of the assault. Aggravated assault as | 24 | | defined in
paragraphs (7) and (18) of subsection (a) of this
| 25 | | Section is a Class 4 felony if a firearm is used in the | 26 | | commission of the
assault. Aggravated assault as defined in |
| | | SB2004 Enrolled | - 10 - | LRB097 10196 RLC 50389 b |
|
| 1 | | subsection (a-10) where the victim was a person defined in | 2 | | paragraph (6) or paragraph (13.5) of subsection (a) is a Class | 3 | | 3 felony. For the purposes of this subsection (b), "Category I | 4 | | weapon", "Category II weapon", and "Category III weapon" have | 5 | | the meanings ascribed to those terms in subsection (c) of | 6 | | Section 33A-1 of this Code.
| 7 | | (c) For the purposes of paragraphs (1) and (6) of | 8 | | subsection (a), "private security officer" means a registered | 9 | | employee of a private security contractor agency under the | 10 | | Private Detective, Private Alarm, Private Security, | 11 | | Fingerprint Vendor, and Locksmith Act of 2004. | 12 | | (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | 13 | | 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | 14 | | 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000, | 15 | | eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; | 16 | | revised 9-16-10.)
| 17 | | (720 ILCS 5/12-4)
| 18 | | Sec. 12-4. Aggravated Battery.
| 19 | | (a) A person who, in committing a battery, intentionally or | 20 | | knowingly
causes great bodily harm, or permanent disability or | 21 | | disfigurement commits
aggravated battery.
| 22 | | (b) In committing a battery, a person commits aggravated | 23 | | battery if he or
she:
| 24 | | (1) Uses a deadly weapon other than by the discharge of | 25 | | a firearm, or uses an air rifle as defined in the Air Rifle |
| | | SB2004 Enrolled | - 11 - | LRB097 10196 RLC 50389 b |
|
| 1 | | Act;
| 2 | | (2) Is hooded, robed or masked, in such manner as to | 3 | | conceal his
identity;
| 4 | | (3) Knows the individual harmed to be a teacher or | 5 | | other person
employed in any school and such teacher or | 6 | | other employee is upon the
grounds of a school or grounds | 7 | | adjacent thereto, or is in any part of a
building used for | 8 | | school purposes;
| 9 | | (4) (Blank);
| 10 | | (5) (Blank);
| 11 | | (6) Knows the individual harmed to be a community
| 12 | | policing volunteer while
such volunteer is engaged in the | 13 | | execution of
any official duties, or to prevent the | 14 | | volunteer from performing official duties, or in
| 15 | | retaliation for the volunteer performing official
duties, | 16 | | and the battery is committed other than by the discharge of | 17 | | a firearm;
| 18 | | (7) Knows the individual harmed to be an emergency | 19 | | medical technician -
ambulance, emergency medical | 20 | | technician - intermediate, emergency medical
technician - | 21 | | paramedic, ambulance driver, other medical assistance, | 22 | | first
aid personnel, or hospital personnel engaged in the
| 23 | | performance of any of his or her official duties,
or to | 24 | | prevent the emergency medical technician - ambulance, | 25 | | emergency medical
technician - intermediate, emergency | 26 | | medical technician - paramedic, ambulance
driver, other |
| | | SB2004 Enrolled | - 12 - | LRB097 10196 RLC 50389 b |
|
| 1 | | medical assistance, first aid personnel, or
hospital | 2 | | personnel from performing
official duties, or in | 3 | | retaliation for performing official duties;
| 4 | | (8) Is, or the person battered is, on or about a public | 5 | | way, public
property or public place of accommodation or | 6 | | amusement;
| 7 | | (8.5) Is, or the person battered is, on a publicly or | 8 | | privately owned sports or entertainment arena, stadium, | 9 | | community or convention hall, special event center, | 10 | | amusement facility, or a special event center in a public | 11 | | park during any 24-hour period when a professional sporting | 12 | | event, National Collegiate Athletic Association | 13 | | (NCAA)-sanctioned sporting event, United States Olympic | 14 | | Committee-sanctioned sporting event, or International | 15 | | Olympic Committee-sanctioned sporting event is taking | 16 | | place in this venue;
| 17 | | (9) Knows the individual harmed to be the driver, | 18 | | operator, employee
or passenger of any transportation | 19 | | facility or system engaged in the
business of | 20 | | transportation of the public for hire and the individual
| 21 | | assaulted is then performing in such capacity or then using | 22 | | such public
transportation as a passenger or using any area | 23 | | of any description
designated by the transportation | 24 | | facility or system as a vehicle
boarding, departure, or | 25 | | transfer location;
| 26 | | (10) Knows the individual harmed to be an individual of |
| | | SB2004 Enrolled | - 13 - | LRB097 10196 RLC 50389 b |
|
| 1 | | 60 years of age or older;
| 2 | | (11) Knows the individual harmed is pregnant;
| 3 | | (12) Knows the individual harmed to be a judge whom the
| 4 | | person intended to harm as a result of the judge's | 5 | | performance of his or
her official duties as a judge;
| 6 | | (13) (Blank);
| 7 | | (14) Knows the individual harmed to be a person who is | 8 | | physically
handicapped;
| 9 | | (15) Knowingly and without legal justification and by | 10 | | any means causes
bodily harm to a merchant who detains the | 11 | | person for an alleged commission of
retail theft under | 12 | | Section 16A-5 of this Code.
In this item (15), "merchant" | 13 | | has the meaning ascribed to it in Section
16A-2.4 of this | 14 | | Code;
| 15 | | (16) Is, or the person battered is, in any building or | 16 | | other structure
used to provide shelter or other services | 17 | | to victims or to the dependent
children of victims of | 18 | | domestic violence pursuant to the Illinois Domestic
| 19 | | Violence Act of 1986 or the Domestic Violence Shelters Act, | 20 | | or the person
battered is within 500 feet of such a | 21 | | building or other structure while going
to or from such a | 22 | | building or other structure. "Domestic violence" has the
| 23 | | meaning ascribed to it in Section 103 of the Illinois | 24 | | Domestic Violence Act of
1986. "Building or other structure | 25 | | used to provide shelter" has the meaning
ascribed to | 26 | | "shelter" in Section 1 of the Domestic Violence Shelters |
| | | SB2004 Enrolled | - 14 - | LRB097 10196 RLC 50389 b |
|
| 1 | | Act;
| 2 | | (17) (Blank);
| 3 | | (18) Knows the individual harmed to be an officer or | 4 | | employee of the State of Illinois, a unit of local | 5 | | government, or school district engaged in the performance | 6 | | of his or her authorized duties as such officer or | 7 | | employee; | 8 | | (19) Knows the individual harmed to be an emergency | 9 | | management worker
engaged in the performance of any of his | 10 | | or her official duties, or to prevent
the emergency | 11 | | management worker from performing official duties, or in
| 12 | | retaliation for the emergency management worker performing | 13 | | official duties; | 14 | | (20) Knows the individual harmed to be a private | 15 | | security officer engaged in the performance of any of his | 16 | | or her official duties, or to prevent
the private security | 17 | | officer from performing official duties, or in
retaliation | 18 | | for the private security officer performing official | 19 | | duties; or | 20 | | (21)
Knows the individual harmed to be a taxi driver | 21 | | and the battery is committed while the taxi driver is on | 22 | | duty; or | 23 | | (22)
Knows the individual harmed to be a utility | 24 | | worker, while the utility worker is engaged in the | 25 | | execution of his or her duties, or to prevent the utility | 26 | | worker from performing his or her duties, or in retaliation |
| | | SB2004 Enrolled | - 15 - | LRB097 10196 RLC 50389 b |
|
| 1 | | for the utility worker performing his or her duties. In | 2 | | this paragraph (22), "utility worker" means a person | 3 | | employed by a public utility as defined in Section 3-105 of | 4 | | the Public Utilities Act and also includes an employee of a | 5 | | municipally owned utility, an employee of a cable | 6 | | television company, an employee of an electric
cooperative | 7 | | as defined in Section 3-119 of the Public Utilities
Act, an | 8 | | independent contractor or an employee of an independent
| 9 | | contractor working on behalf of a cable television company, | 10 | | public utility, municipally
owned utility, or an electric | 11 | | cooperative, or an employee of a
telecommunications | 12 | | carrier as defined in Section 13-202 of the
Public | 13 | | Utilities Act, an independent contractor or an employee of
| 14 | | an independent contractor working on behalf of a
| 15 | | telecommunications carrier, or an employee of a telephone | 16 | | or
telecommunications cooperative as defined in Section | 17 | | 13-212 of
the Public Utilities Act, or an independent | 18 | | contractor or an
employee of an independent contractor | 19 | | working on behalf of a
telephone or telecommunications | 20 | | cooperative ; or .
| 21 | | (23) Knows the individual harmed to be a either: | 22 | | (A) a person authorized to serve process under | 23 | | Section 2-202 of the Code of Civil Procedure; or | 24 | | (B) a special process server appointed by the | 25 | | circuit court; | 26 | | while that individual is in the performance of his or her |
| | | SB2004 Enrolled | - 16 - | LRB097 10196 RLC 50389 b |
|
| 1 | | duties as a process server. | 2 | | For the purpose of paragraph (14) of subsection (b) of this | 3 | | Section, a
physically handicapped person is a person who | 4 | | suffers from a permanent and
disabling physical | 5 | | characteristic, resulting from disease, injury,
functional | 6 | | disorder or congenital condition.
| 7 | | For the purpose of paragraph (20) of subsection (b) and | 8 | | subsection (e) of this Section, "private security officer" | 9 | | means a registered employee of a private security contractor | 10 | | agency under the Private Detective, Private Alarm, Private | 11 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. | 12 | | (c) A person who administers to an individual or causes him | 13 | | to take,
without his consent or by threat or deception, and for | 14 | | other than
medical purposes, any intoxicating, poisonous, | 15 | | stupefying, narcotic,
anesthetic, or controlled substance | 16 | | commits aggravated battery.
| 17 | | (d) A person who knowingly gives to another person any food | 18 | | that
contains any substance or object that is intended to cause | 19 | | physical
injury if eaten, commits aggravated battery.
| 20 | | (d-3) A person commits aggravated battery when he or she | 21 | | knowingly and
without lawful justification shines or flashes a | 22 | | laser gunsight or other laser
device that is attached or | 23 | | affixed to a firearm, or used in concert with a
firearm, so | 24 | | that the laser beam strikes upon or against the person of | 25 | | another.
| 26 | | (d-5) An inmate of a penal institution or a sexually |
| | | SB2004 Enrolled | - 17 - | LRB097 10196 RLC 50389 b |
|
| 1 | | dangerous person or a
sexually violent person in the custody of | 2 | | the Department of Human Services
who causes or attempts to | 3 | | cause a
correctional employee of the penal institution or an | 4 | | employee of the
Department of Human Services to come into | 5 | | contact with blood,
seminal fluid, urine, or feces, by | 6 | | throwing, tossing, or expelling that fluid
or material commits | 7 | | aggravated battery. For purposes of this subsection (d-5),
| 8 | | "correctional employee" means a person who is employed by a | 9 | | penal institution.
| 10 | | (d-6) A person commits aggravated battery when he or she, | 11 | | in committing a battery, strangles another individual. For the | 12 | | purposes of this subsection (d-6), "strangle" means | 13 | | intentionally impeding the normal breathing or circulation of | 14 | | the blood of an individual by applying pressure on the throat | 15 | | or neck of that individual or by blocking the nose or mouth of | 16 | | that individual. | 17 | | (e) Sentence.
| 18 | | (1) Except as otherwise provided in paragraphs (2), | 19 | | (3), (4), and (5) aggravated battery is a Class 3 felony. | 20 | | (2) Aggravated battery that does not cause great bodily | 21 | | harm or permanent disability or disfigurement is a Class 2 | 22 | | felony when the person knows
the individual harmed to be a | 23 | | peace officer, a community
policing volunteer, a private | 24 | | security officer, a correctional institution employee, an
| 25 | | employee of the Department of Human Services supervising or
| 26 | | controlling sexually dangerous persons or sexually violent
|
| | | SB2004 Enrolled | - 18 - | LRB097 10196 RLC 50389 b |
|
| 1 | | persons, or a fireman while such officer, volunteer, | 2 | | employee,
or fireman is engaged in the execution of any | 3 | | official duties
including arrest or attempted arrest, or to | 4 | | prevent the
officer, volunteer, employee, or fireman from | 5 | | performing
official duties, or in retaliation for the | 6 | | officer, volunteer,
employee, or fireman performing | 7 | | official duties, and the
battery is committed other than by | 8 | | the discharge of a firearm.
| 9 | | (3) Aggravated battery that causes great bodily harm or | 10 | | permanent disability or disfigurement in
violation of | 11 | | subsection (a)
is a Class 1 felony when the person knows | 12 | | the individual harmed to be a peace
officer, a community
| 13 | | policing volunteer, a private security officer, a | 14 | | correctional institution employee, an employee
of the | 15 | | Department of Human Services supervising or controlling | 16 | | sexually
dangerous persons or sexually violent persons, or | 17 | | a fireman while
such officer, volunteer, employee, or | 18 | | fireman is engaged in the execution of
any official duties | 19 | | including arrest or attempted arrest, or to prevent the
| 20 | | officer, volunteer, employee, or fireman from performing | 21 | | official duties, or in
retaliation for the officer, | 22 | | volunteer, employee, or fireman performing official
| 23 | | duties, and the battery is committed other than by the | 24 | | discharge of a firearm.
| 25 | | (4) Aggravated battery under subsection (d-5) is a | 26 | | Class 2 felony. |
| | | SB2004 Enrolled | - 19 - | LRB097 10196 RLC 50389 b |
|
| 1 | | (5) Aggravated battery under subsection (d-6) is a | 2 | | Class 1 felony if: | 3 | | (A) the person used or attempted to use a dangerous | 4 | | instrument while committing the offense; or | 5 | | (B) the person caused great bodily harm or | 6 | | permanent disability or disfigurement to the other | 7 | | person while committing the offense; or | 8 | | (C) the person has been previously convicted of a | 9 | | violation of subsection (d-6) under the laws of this | 10 | | State or laws similar to subsection (d-6) of any other | 11 | | state.
| 12 | | (6) For purposes of this subsection (e), the term | 13 | | "firearm" shall have the meaning provided under Section 1.1 | 14 | | of the Firearms Owners Identification Card Act, and shall | 15 | | not include an air rifle as defined by Section 1 of the Air | 16 | | Rifle Act. | 17 | | (Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, | 18 | | eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, | 19 | | eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | 20 | | 96-1000, eff. 7-2-10.)
|
|