Full Text of HB4252 99th General Assembly
HB4252 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4252 Introduced , by Rep. Brian W. Stewart SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 | from Ch. 38, par. 12-2 |
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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 |
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| | | HB4252 | | LRB099 13010 RLC 36882 b |
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| 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 2012 is amended by changing | 5 | | Section 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 | 9 | | aggravated assault when he or she commits an assault against an | 10 | | individual who is on or about a public way, public property, a | 11 | | public place of accommodation or amusement, or a sports venue. | 12 | | (b) Offense based on status of victim. A person commits | 13 | | aggravated assault when, in committing an assault, he or she | 14 | | knows the individual assaulted to be any of the following: | 15 | | (1) A physically handicapped person 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 peace officer, community policing volunteer, | 2 | | fireman, private security officer, emergency management | 3 | | worker, emergency medical technician, or utility worker: | 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 | | (5) A correctional officer or probation officer: | 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 | | (6) A correctional institution employee, a county | 16 | | juvenile detention center employee who provides direct and | 17 | | continuous supervision of residents of a juvenile | 18 | | detention center, including a county juvenile detention | 19 | | center employee who supervises recreational activity for | 20 | | residents of a juvenile detention center, or a Department | 21 | | of Human Services employee, Department of Human Services | 22 | | officer, or employee of a subcontractor of the Department | 23 | | of Human Services supervising or controlling sexually | 24 | | dangerous persons or sexually violent persons: | 25 | | (i) performing his or her official duties; | 26 | | (ii) assaulted to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) assaulted in retaliation for performing his | 3 | | or her official duties. | 4 | | (7) An employee of the State of Illinois, a municipal | 5 | | corporation therein, or a political subdivision thereof, | 6 | | performing his or her official duties. | 7 | | (8) A transit employee performing his or her official | 8 | | duties, or a transit passenger. | 9 | | (9) A sports official or coach actively participating | 10 | | in any level of athletic competition within a sports venue, | 11 | | on an indoor playing field or outdoor playing field, or | 12 | | within the immediate vicinity of such a facility or field. | 13 | | (10) A person authorized to serve process under Section | 14 | | 2-202 of the Code of Civil Procedure or a special process | 15 | | server appointed by the circuit court, while that | 16 | | individual is in the performance of his or her duties as a | 17 | | process server. | 18 | | (c) Offense based on use of firearm, device, or motor | 19 | | vehicle. A person commits aggravated assault when, in | 20 | | committing an assault, he or she does any of the following: | 21 | | (1) Uses a deadly weapon, an air rifle as defined in | 22 | | the Air Rifle Act , or any device manufactured and designed | 23 | | to be substantially similar in appearance to a firearm, | 24 | | other than by discharging a firearm. | 25 | | (2) Discharges a firearm, other than from a motor | 26 | | vehicle. |
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| 1 | | (3) Discharges a firearm from a motor vehicle. | 2 | | (4) Wears a hood, robe, or mask to conceal his or her | 3 | | identity. | 4 | | (5) Knowingly and without lawful justification shines | 5 | | or flashes a laser gun sight or other laser device attached | 6 | | to a firearm, or used in concert with a firearm, so that | 7 | | the laser beam strikes near or in the immediate vicinity of | 8 | | any person. | 9 | | (6) Uses a firearm, other than by discharging the | 10 | | firearm, against a peace officer, community policing | 11 | | volunteer, fireman, private security officer, emergency | 12 | | management worker, emergency medical technician, employee | 13 | | of a police department, employee of a sheriff's department, | 14 | | or traffic control municipal employee: | 15 | | (i) performing his or her official duties; | 16 | | (ii) assaulted to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) assaulted in retaliation for performing his | 19 | | or her official duties. | 20 | | (6.5) Uses an air rifle, any device manufactured and | 21 | | designed to be substantially similar in appearance to a | 22 | | firearm, or a deadly weapon other than a firearm against a | 23 | | peace officer: | 24 | | (i) performing his or her official duties; | 25 | | (ii) assaulted to prevent performance of his or her | 26 | | official duties; or |
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| 1 | | (iii) assaulted in retaliation for performing his | 2 | | or her official duties. | 3 | | (7) Without justification operates a motor vehicle in a | 4 | | manner which places a person, other than a person listed in | 5 | | subdivision (b)(4), in reasonable apprehension of being | 6 | | struck by the moving motor vehicle. | 7 | | (8) Without justification operates a motor vehicle in a | 8 | | manner which places a person listed in subdivision (b)(4), | 9 | | in reasonable apprehension of being struck by the moving | 10 | | motor vehicle. | 11 | | (9) Knowingly video or audio records the offense with | 12 | | the intent to disseminate the recording. | 13 | | (d) Sentence. Aggravated assault as defined in subdivision | 14 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 15 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | 16 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) | 17 | | is a Class 4 felony if a Category I, Category II, or Category | 18 | | III weapon is used in the commission of the assault. Aggravated | 19 | | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | 20 | | (c)(2), (c)(5), (c)(6), (c)(6.5), or (c)(7) is a Class 4 | 21 | | felony. Aggravated assault as defined in subdivision (c)(3) or | 22 | | (c)(8) is a Class 3 felony. | 23 | | (e) For the purposes of this Section : | 24 | | "Air rifle" has the meaning ascribed to that term in | 25 | | Section 24.8-0.1 of this Code. , | 26 | | "Category I weapon", "Category II weapon, and "Category III |
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| 1 | | weapon" have the meanings ascribed to those terms in Section | 2 | | 33A-1 of this Code.
| 3 | | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; | 4 | | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | 5 | | 1-1-14; revised 12-10-14.)
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