Full Text of HB1877 103rd General Assembly
HB1877ham001 103RD GENERAL ASSEMBLY | Rep. Tony M. McCombie Filed: 3/10/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1877
| 2 | | AMENDMENT NO. ______. Amend House Bill 1877 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the | 5 | | Knight-Silas Act. | 6 | | Section 5. The Criminal Code of 2012 is amended by | 7 | | changing Section 12-3.05 as follows:
| 8 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 9 | | Sec. 12-3.05. Aggravated battery.
| 10 | | (a) Offense based on injury. A person commits aggravated | 11 | | battery when, in committing a battery, other than by the | 12 | | discharge of a firearm, he or she knowingly does any of the | 13 | | following: | 14 | | (1) Causes great bodily harm or permanent disability | 15 | | or disfigurement. |
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| 1 | | (2) Causes severe and permanent disability, great | 2 | | bodily harm, or disfigurement by means of a caustic or | 3 | | flammable substance, a poisonous gas, a deadly biological | 4 | | or chemical contaminant or agent, a radioactive substance, | 5 | | or a bomb or explosive compound. | 6 | | (3) Causes great bodily harm or permanent disability | 7 | | or disfigurement to an individual whom the person knows to | 8 | | be a peace officer, community policing volunteer, fireman, | 9 | | private security officer, correctional institution | 10 | | employee, or Department of Human Services employee | 11 | | supervising or controlling sexually dangerous persons or | 12 | | sexually violent persons: | 13 | | (i) performing his or her official duties; | 14 | | (ii) battered to prevent performance of his or her | 15 | | official duties; or | 16 | | (iii) battered in retaliation for performing his | 17 | | or her official duties. | 18 | | (3.1) Is, at the time of the commission of the | 19 | | offense, 21 years of age or older and causes great bodily | 20 | | harm or permanent disability or disfigurement to an | 21 | | individual whom the person knows to be a Department of | 22 | | Children and Family Services employee: | 23 | | (i) performing his or her official duties; | 24 | | (ii) battered to prevent performance of his or her | 25 | | official duties; or | 26 | | (iii) battered in retaliation for performing his |
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| 1 | | or her official duties. | 2 | | (4) Causes great bodily harm or permanent disability | 3 | | or disfigurement to an individual 60 years of age or | 4 | | older. | 5 | | (5) Strangles another individual. | 6 | | (b) Offense based on injury to a child or person with an | 7 | | intellectual disability. A person who is at least 18 years of | 8 | | age commits aggravated battery when, in committing a battery, | 9 | | he or she knowingly and without legal justification by any | 10 | | means: | 11 | | (1) causes great bodily harm or permanent disability | 12 | | or disfigurement to any child under the age of 13 years, or | 13 | | to any person with a severe or profound intellectual | 14 | | disability; or | 15 | | (2) causes bodily harm or disability or disfigurement | 16 | | to any child under the age of 13 years or to any person | 17 | | with a severe or profound intellectual disability. | 18 | | (c) Offense based on location of conduct. A person commits | 19 | | aggravated battery when, in committing a battery, other than | 20 | | by the discharge of a firearm, he or she is or the person | 21 | | battered is on or about a public way, public property, a public | 22 | | place of accommodation or amusement, a sports venue, or a | 23 | | domestic violence shelter, or in a church, synagogue, mosque, | 24 | | or other building, structure, or place used for religious | 25 | | worship. | 26 | | (d) Offense based on status of victim. A person commits |
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| 1 | | aggravated battery when, in committing a battery, other than | 2 | | by discharge of a firearm, he or she knows the individual | 3 | | battered to be any of the following: | 4 | | (1) A person 60 years of age or older. | 5 | | (2) A person who is pregnant or has a physical | 6 | | disability. | 7 | | (3) A teacher or school employee upon school grounds | 8 | | or grounds adjacent to a school or in any part of a | 9 | | building used for school purposes. | 10 | | (4) A peace officer, community policing volunteer, | 11 | | fireman, private security officer, correctional | 12 | | institution employee, or Department of Human Services | 13 | | employee supervising or controlling sexually dangerous | 14 | | persons or sexually violent persons: | 15 | | (i) performing his or her official duties; | 16 | | (ii) battered to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) battered in retaliation for performing his | 19 | | or her official duties. | 20 | | (4.1)(A) A Department of Children and Family Services | 21 | | employee: | 22 | | (i) performing his or her official duties; | 23 | | (ii) battered to prevent performance of his or her | 24 | | official duties; or | 25 | | (iii) battered in retaliation for performing his | 26 | | or her official duties; and |
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| 1 | | (B) the person committing the offense, at the time of | 2 | | the commission of the offense, is 21 years of age or older. | 3 | | (5) A judge, emergency management worker, emergency | 4 | | medical services personnel, or utility worker: | 5 | | (i) performing his or her official duties; | 6 | | (ii) battered to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) battered in retaliation for performing his | 9 | | or her official duties. | 10 | | (6) An officer or employee of the State of Illinois, a | 11 | | unit of local government, or a school district, while | 12 | | performing his or her official duties. | 13 | | (7) A transit employee performing his or her official | 14 | | duties, or a transit passenger. | 15 | | (8) A taxi driver on duty. | 16 | | (9) A merchant who detains the person for an alleged | 17 | | commission of retail theft under Section 16-26 of this | 18 | | Code and the person without legal justification by any | 19 | | means causes bodily harm to the merchant. | 20 | | (10) A person authorized to serve process under | 21 | | Section 2-202 of the Code of Civil Procedure or a special | 22 | | process server appointed by the circuit court while that | 23 | | individual is in the performance of his or her duties as a | 24 | | process server. | 25 | | (11) A nurse while in the performance of his or her | 26 | | duties as a nurse. |
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| 1 | | (12) A merchant: (i) while performing his or her | 2 | | duties, including, but not limited to, relaying directions | 3 | | for healthcare or safety from his or her supervisor or | 4 | | employer or relaying health or safety guidelines, | 5 | | recommendations, regulations, or rules from a federal, | 6 | | State, or local public health agency; and (ii) during a | 7 | | disaster declared by the Governor, or a state of emergency | 8 | | declared by the mayor of the municipality in which the | 9 | | merchant is located, due to a public health emergency and | 10 | | for a period of 6 months after such declaration. | 11 | | (e) Offense based on use of a firearm. A person commits | 12 | | aggravated battery when, in committing a battery, he or she | 13 | | knowingly does any of the following: | 14 | | (1) Discharges a firearm, other than a machine gun or | 15 | | a firearm equipped with a silencer, and causes any injury | 16 | | to another person. | 17 | | (2) Discharges a firearm, other than a machine gun or | 18 | | a firearm equipped with a silencer, and causes any injury | 19 | | to a person he or she knows to be a peace officer, | 20 | | community policing volunteer, person summoned by a police | 21 | | officer, fireman, private security officer, correctional | 22 | | institution employee, or emergency management worker: | 23 | | (i) performing his or her official duties; | 24 | | (ii) battered to prevent performance of his or her | 25 | | official duties; or | 26 | | (iii) battered in retaliation for performing his |
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| 1 | | or her official duties. | 2 | | (3) Discharges a firearm, other than a machine gun or | 3 | | a firearm equipped with a silencer, and causes any injury | 4 | | to a person he or she knows to be emergency medical | 5 | | services personnel: | 6 | | (i) performing his or her official duties; | 7 | | (ii) battered to prevent performance of his or her | 8 | | official duties; or | 9 | | (iii) battered in retaliation for performing his | 10 | | or her official duties. | 11 | | (4) Discharges a firearm and causes any injury to a | 12 | | person he or she knows to be a teacher, a student in a | 13 | | school, or a school employee, and the teacher, student, or | 14 | | employee is upon school grounds or grounds adjacent to a | 15 | | school or in any part of a building used for school | 16 | | purposes. | 17 | | (5) Discharges a machine gun or a firearm equipped | 18 | | with a silencer, and causes any injury to another person. | 19 | | (6) Discharges a machine gun or a firearm equipped | 20 | | with a silencer, and causes any injury to a person he or | 21 | | she knows to be a peace officer, community policing | 22 | | volunteer, person summoned by a police officer, fireman, | 23 | | private security officer, correctional institution | 24 | | employee or emergency management worker: | 25 | | (i) performing his or her official duties; | 26 | | (ii) battered to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) battered in retaliation for performing his | 3 | | or her official duties. | 4 | | (7) Discharges a machine gun or a firearm equipped | 5 | | with a silencer, and causes any injury to a person he or | 6 | | she knows to be emergency medical services personnel: | 7 | | (i) performing his or her official duties; | 8 | | (ii) battered to prevent performance of his or her | 9 | | official duties; or | 10 | | (iii) battered in retaliation for performing his | 11 | | or her official duties. | 12 | | (8) Discharges a machine gun or a firearm equipped | 13 | | with a silencer, and causes any injury to a person he or | 14 | | she knows to be a teacher, or a student in a school, or a | 15 | | school employee, and the teacher, student, or employee is | 16 | | upon school grounds or grounds adjacent to a school or in | 17 | | any part of a building used for school purposes. | 18 | | (f) Offense based on use of a weapon or device. A person | 19 | | commits aggravated battery when, in committing a battery, he | 20 | | or she does any of the following: | 21 | | (1) Uses a deadly weapon other than by discharge of a | 22 | | firearm, or uses an air rifle as defined in Section | 23 | | 24.8-0.1 of this Code. | 24 | | (2) Wears a hood, robe, or mask to conceal his or her | 25 | | identity. | 26 | | (3) Knowingly and without lawful justification shines |
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| 1 | | or flashes a laser gunsight or other laser device attached | 2 | | to a firearm, or used in concert with a firearm, so that | 3 | | the laser beam strikes upon or against the person of | 4 | | another. | 5 | | (4) Knowingly video or audio records the offense with | 6 | | the intent to disseminate the recording. | 7 | | (g) Offense based on certain conduct. A person commits | 8 | | aggravated battery when, other than by discharge of a firearm, | 9 | | he or she does any of the following: | 10 | | (1) Violates Section 401 of the Illinois Controlled | 11 | | Substances Act by unlawfully delivering a controlled | 12 | | substance to another and any user experiences great bodily | 13 | | harm or permanent disability as a result of the injection, | 14 | | inhalation, or ingestion of any amount of the controlled | 15 | | substance. | 16 | | (2) Knowingly administers to an individual or causes | 17 | | him or her to take, without his or her consent or by threat | 18 | | or deception, and for other than medical purposes, any | 19 | | intoxicating, poisonous, stupefying, narcotic, | 20 | | anesthetic, or controlled substance, or gives to another | 21 | | person any food containing any substance or object | 22 | | intended to cause physical injury if eaten. | 23 | | (3) Knowingly causes or attempts to cause a | 24 | | correctional institution employee or Department of Human | 25 | | Services employee to come into contact with blood, seminal | 26 | | fluid, urine, or feces by throwing, tossing, or expelling |
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| 1 | | the fluid or material, and the person is an inmate of a | 2 | | penal institution or is a sexually dangerous person or | 3 | | sexually violent person in the custody of the Department | 4 | | of Human Services. | 5 | | (h) Sentence. Unless otherwise provided, aggravated | 6 | | battery is a Class 3 felony. | 7 | | Aggravated battery as defined in subdivision (a)(4), | 8 | | (d)(4), (d)(4.1), or (g)(3) is a Class 2 felony. | 9 | | Aggravated battery as defined in subdivision (a)(3) , | 10 | | (a)(3.1), or (g)(1) is a Class 1 felony. | 11 | | Aggravated battery as defined in subdivision (a)(1) is a | 12 | | Class 1 felony when the aggravated battery was intentional and | 13 | | involved the infliction of torture, as defined in paragraph | 14 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 15 | | infliction of or subjection to extreme physical pain, | 16 | | motivated by an intent to increase or prolong the pain, | 17 | | suffering, or agony of the victim. | 18 | | Aggravated battery as defined in subdivision (a)(1) is a | 19 | | Class 2 felony when the person causes great bodily harm or | 20 | | permanent disability to an individual whom the person knows to | 21 | | be a member of a congregation engaged in prayer or other | 22 | | religious activities at a church, synagogue, mosque, or other | 23 | | building, structure, or place used for religious worship. | 24 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 25 | | felony if: | 26 | | (A) the person used or attempted to use a dangerous
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| 1 | | instrument while committing the offense; | 2 | | (B) the person caused great bodily harm or
permanent | 3 | | disability or disfigurement to the other
person while | 4 | | committing the offense; or | 5 | | (C) the person has been previously convicted of a
| 6 | | violation of subdivision (a)(5) under the laws of this
| 7 | | State or laws similar to subdivision (a)(5) of any other
| 8 | | state. | 9 | | Aggravated battery as defined in subdivision (e)(1) is a | 10 | | Class X felony. | 11 | | Aggravated battery as defined in subdivision (a)(2) is a | 12 | | Class X felony for which a person shall be sentenced to a term | 13 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 14 | | years. | 15 | | Aggravated battery as defined in subdivision (e)(5) is a | 16 | | Class X felony for which a person shall be sentenced to a term | 17 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 18 | | years. | 19 | | Aggravated battery as defined in subdivision (e)(2), | 20 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 21 | | be sentenced to a term of imprisonment of a minimum of 15 years | 22 | | and a maximum of 60 years. | 23 | | Aggravated battery as defined in subdivision (e)(6), | 24 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 25 | | be sentenced to a term of imprisonment of a minimum of 20 years | 26 | | and a maximum of 60 years. |
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| 1 | | Aggravated battery as defined in subdivision (b)(1) is a | 2 | | Class X felony, except that: | 3 | | (1) if the person committed the offense while armed | 4 | | with a firearm, 15 years shall be added to the term of | 5 | | imprisonment imposed by the court; | 6 | | (2) if, during the commission of the offense, the | 7 | | person personally discharged a firearm, 20 years shall be | 8 | | added to the term of imprisonment imposed by the court; | 9 | | (3) if, during the commission of the offense, the | 10 | | person personally discharged a firearm that proximately | 11 | | caused great bodily harm, permanent disability, permanent | 12 | | disfigurement, or death to another person, 25 years or up | 13 | | to a term of natural life shall be added to the term of | 14 | | imprisonment imposed by the court. | 15 | | (i) Definitions. In this Section: | 16 | | "Building or other structure used to provide shelter" has | 17 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 18 | | Violence Shelters Act. | 19 | | "Department of Children and Family Services employee" | 20 | | includes any (i) Department case worker or (ii) investigator | 21 | | employed by an agency or organization providing social work, | 22 | | case work, or investigative services under a contract with or | 23 | | a grant from the Department of Children and Family Services. | 24 | | "Domestic violence" has the meaning ascribed to it in | 25 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 26 | | "Domestic violence shelter" means any building or other |
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| 1 | | structure used to provide shelter or other services to victims | 2 | | or to the dependent children of victims of domestic violence | 3 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 4 | | Domestic Violence Shelters Act, or any place within 500 feet | 5 | | of such a building or other structure in the case of a person | 6 | | who is going to or from such a building or other structure. | 7 | | "Firearm" has the meaning provided under Section 1.1
of | 8 | | the Firearm Owners Identification Card Act, and does
not | 9 | | include an air rifle as defined by Section 24.8-0.1 of this | 10 | | Code. | 11 | | "Machine gun" has the meaning ascribed to it in Section | 12 | | 24-1 of this Code. | 13 | | "Merchant" has the meaning ascribed to it in Section | 14 | | 16-0.1 of this Code. | 15 | | "Strangle" means
intentionally impeding the normal | 16 | | breathing or circulation of the blood of an individual by | 17 | | applying pressure on the throat
or neck of that individual or | 18 | | by blocking the nose or mouth of
that individual.
| 19 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)".
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