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.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5523 | | LRB099 18383 RLC 42758 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 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 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. |
| | | HB5523 | - 2 - | LRB099 18383 RLC 42758 b |
|
| 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 |
| | | HB5523 | - 3 - | LRB099 18383 RLC 42758 b |
|
| 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 | 25 | | vehicle. A person commits aggravated assault when, in | 26 | | committing an assault, he or she does any of the following: |
| | | HB5523 | - 4 - | LRB099 18383 RLC 42758 b |
|
| 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 |
| | | HB5523 | - 5 - | LRB099 18383 RLC 42758 b |
|
| 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 | 22 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) | 23 | | is a Class 4 felony if a Category I, Category II, or Category | 24 | | III weapon is used in the commission of the assault. Aggravated | 25 | | assault 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 |
| | | HB5523 | - 6 - | LRB099 18383 RLC 42758 b |
|
| 1 | | 4 felony. Aggravated assault as defined in subdivision (c)(3) | 2 | | or (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 | 5 | | Section 24.8-0.1 of this Code. , | 6 | | "Category I weapon", "Category II weapon, and "Category III | 7 | | weapon" have the meanings ascribed to those terms in Section | 8 | | 33A-1 of this Code.
| 9 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | 10 | | eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
|
|