Full Text of HB3997 93rd General Assembly
HB3997 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB3997
Introduced 1/9/2004, by Dan Brady SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/2-10.4 new |
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720 ILCS 5/2-10.5 new |
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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 5/12-14 |
from Ch. 38, par. 12-14 |
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Amends the Criminal Code of 1961. Provides that it constitutes aggravated assault, aggravated battery, or aggravated criminal sexual assault to commit an assault, battery, or criminal sexual assault upon a mentally handicapped person. Defines mentally handicapped person. Effective immediately.
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A BILL FOR
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HB3997 |
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LRB093 15367 RLC 40969 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, 12-4, and 12-14 and by adding Sections 2-10.4 | 6 |
| and 2-10.5 as follows: | 7 |
| (720 ILCS 5/2-10.4 new)
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| Sec. 2-10.4. Mentally handicapped person. "Mentally | 9 |
| handicapped person" means a person who suffers from a | 10 |
| disability that is attributable to: (1) mental retardation, | 11 |
| cerebral palsy, epilepsy or autism; or to (2) any other | 12 |
| condition that results in impairment similar to that caused by | 13 |
| mental retardation and that requires services similar to those | 14 |
| required by mentally retarded persons. | 15 |
| (720 ILCS 5/2-10.5 new)
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| Sec. 2-10.5. Mental retardation. "Mental retardation" | 17 |
| means significantly subaverage general intellectual | 18 |
| functioning that exists concurrently with impairment in | 19 |
| adaptive behavior.
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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 | 23 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 25 |
| designed to be
substantially similar in appearance to a | 26 |
| firearm, other than by
discharging a firearm in the | 27 |
| direction of another person, a peace
officer, a person | 28 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 30 |
| occupied by another
person, a peace officer, a person |
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| summoned or directed by a peace officer,
a correctional | 2 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 4 |
| to prevent the
officer or fireman from performing his | 5 |
| official duties, or in retaliation
for the officer or | 6 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 8 |
| conceal his
identity or any device manufactured and | 9 |
| designed to be substantially
similar in appearance to a | 10 |
| firearm;
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| (3) Knows the individual assaulted 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) Knows the individual assaulted to be a supervisor, | 17 |
| director,
instructor or other person employed in any park | 18 |
| district and such
supervisor, director, instructor or | 19 |
| other employee is upon the grounds of
the park or grounds | 20 |
| adjacent thereto, or is in any part of a building used
for | 21 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 23 |
| investigator, or
other person employed by the State | 24 |
| Department of Public Aid, a
County
Department of Public | 25 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 27 |
| the Department of
Human Services Act) and such caseworker, | 28 |
| investigator, or other person
is upon the grounds of a | 29 |
| public aid office or grounds adjacent thereto, or
is in any | 30 |
| part of a building used for public aid purposes, or upon | 31 |
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grounds of a home of a public aid applicant, recipient | 32 |
| or any other person
being interviewed or investigated in | 33 |
| the employees' discharge of his
duties, or on grounds | 34 |
| adjacent thereto, or is in any part of a building in
which | 35 |
| the applicant, recipient, or other such person resides or | 36 |
| is located;
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| (6) Knows the individual assaulted to be a peace | 2 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 4 |
| any of his
official duties, or to prevent the officer, | 5 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 7 |
| community policing
volunteer, or fireman
performing his | 8 |
| 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 | 10 |
| or fireman or
in the direction of a vehicle occupied by the | 11 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 13 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 15 |
| paramedic, ambulance
driver or other medical
assistance or | 16 |
| first aid personnel engaged in the
execution of any of his | 17 |
| official duties, or to prevent the
emergency medical | 18 |
| technician - ambulance, emergency medical
technician - | 19 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 21 |
| personnel from
performing his official duties, or in | 22 |
| retaliation for the
emergency medical technician - | 23 |
| ambulance, emergency medical
technician - intermediate, | 24 |
| emergency medical technician - paramedic,
ambulance | 25 |
| 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, | 28 |
| operator, employee
or passenger of any transportation | 29 |
| facility or system engaged in the
business of | 30 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 32 |
| such public
transportation as a passenger or using any area | 33 |
| of any description
designated by the transportation | 34 |
| facility or system as a vehicle boarding,
departure, or | 35 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public |
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| way, public
property, or public place of accommodation or | 2 |
| amusement;
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| (10) Knows the individual assaulted to be an employee | 4 |
| of the State of
Illinois, a municipal corporation therein | 5 |
| or a political subdivision
thereof, engaged in the | 6 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 8 |
| commits an assault on
a physically handicapped person or on | 9 |
| a mentally handicapped person ;
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| (12) Knowingly and without legal justification, | 11 |
| 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 | 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;
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| (15) Knows the individual assaulted to be a | 20 |
| correctional employee or
an employee of the Department of | 21 |
| Human Services supervising or controlling
sexually | 22 |
| dangerous persons or sexually violent persons, while
the | 23 |
| employee is engaged in the execution of any of his or her | 24 |
| official duties,
or to prevent the employee from performing | 25 |
| his or her official duties, or in
retaliation for the | 26 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 28 |
| firearm in the direction
of the employee or in the | 29 |
| direction of a vehicle occupied by the employee;
or
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| (16) Knows the individual assaulted to be an employee | 31 |
| of a police or
sheriff's department engaged in the | 32 |
| performance of his or her official duties
as such employee.
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| (a-5) A person commits an aggravated assault when he or she | 34 |
| knowingly and
without lawful justification shines or flashes a | 35 |
| laser gunsight or other laser
device that is attached or | 36 |
| affixed to a firearm, or used in concert with a
firearm, so |
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| that the laser beam strikes near or in the immediate vicinity | 2 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 5 |
| and (8) through
(12) of subsection (a) of this Section is a | 6 |
| Class A misdemeanor. Aggravated
assault as defined in | 7 |
| 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 | 9 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), and (16) of
subsection (a) of this Section is a Class | 11 |
| A misdemeanor if a firearm is not
used in the commission of the | 12 |
| assault. Aggravated assault as defined in
paragraphs (6), (7), | 13 |
| and (16) of subsection (a) of this
Section is a Class 4 felony | 14 |
| if a firearm is used in the commission of the
assault.
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| (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; | 16 |
| 92-865, eff.
1-3-03; revised 1-9-03.)
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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 | 20 |
| knowingly
causes great bodily harm, or permanent disability or | 21 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 23 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 25 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 27 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 29 |
| other person
employed in any school and such teacher or | 30 |
| other employee is upon the
grounds of a school or grounds | 31 |
| adjacent thereto, or is in any part of a
building used for | 32 |
| school purposes;
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| (4) Knows the individual harmed to be a supervisor, | 34 |
| director,
instructor or other person employed in any park | 35 |
| district and such
supervisor, director, instructor or |
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| other employee is upon the grounds
of the park or grounds | 2 |
| adjacent thereto, or is in any part of a building
used for | 3 |
| park purposes;
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| (5) Knows the individual harmed to be a caseworker, | 5 |
| investigator, or
other person employed by the State | 6 |
| Department of Public Aid, a County
Department of Public | 7 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 9 |
| the Department of
Human Services Act) and such caseworker, | 10 |
| investigator, or other
person is upon the grounds of a | 11 |
| public aid office or grounds adjacent
thereto, or is in any | 12 |
| part of a building used for public aid purposes,
or upon | 13 |
| the grounds of a home of a public aid applicant, recipient, | 14 |
| or
any other person being interviewed or investigated in | 15 |
| the employee's
discharge of his duties, or on grounds | 16 |
| adjacent thereto, or is in any
part of a building in which | 17 |
| the applicant, recipient, or other such
person resides or | 18 |
| is located;
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| (6) Knows the individual harmed to be a peace officer, | 20 |
| a community
policing volunteer, a correctional institution | 21 |
| employee, an employee
of the Department of Human Services | 22 |
| supervising or controlling sexually
dangerous persons or | 23 |
| sexually 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 | 27 |
| fireman from performing official duties, or in
retaliation | 28 |
| for the officer, volunteer, employee or fireman performing | 29 |
| official
duties, and the battery is committed other than by | 30 |
| the discharge of a firearm;
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| (7) Knows the individual harmed to be an emergency | 32 |
| medical technician -
ambulance, emergency medical | 33 |
| technician - intermediate, emergency medical
technician - | 34 |
| paramedic, ambulance driver, other medical assistance, | 35 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to |
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LRB093 15367 RLC 40969 b |
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| prevent the emergency medical technician - ambulance, | 2 |
| emergency medical
technician - intermediate, emergency | 3 |
| medical technician - paramedic, ambulance
driver, other | 4 |
| medical assistance, first aid personnel, or
hospital | 5 |
| personnel from performing
official duties, or in | 6 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 8 |
| way, public
property or public place of accommodation or | 9 |
| amusement;
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| (9) Knows the individual harmed to be the driver, | 11 |
| operator, employee
or passenger of any transportation | 12 |
| facility or system engaged in the
business of | 13 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 15 |
| such public
transportation as a passenger or using any area | 16 |
| of any description
designated by the transportation | 17 |
| facility or system as a vehicle
boarding, departure, or | 18 |
| transfer location;
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| (10) Knowingly and without legal justification and by | 20 |
| any means
causes bodily harm to an individual of 60 years | 21 |
| 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 | 25 |
| performance of his or
her official duties as a judge;
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| (13) Knows the individual harmed to be an employee of | 27 |
| the Illinois
Department of Children and Family Services | 28 |
| engaged in the performance of
his authorized duties as such | 29 |
| employee;
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| (14) Knows the individual harmed to be a person who is | 31 |
| physically
handicapped or mentally handicapped ;
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| (15) Knowingly and without legal justification and by | 33 |
| any means causes
bodily harm to a merchant who detains the | 34 |
| person for an alleged commission of
retail theft under | 35 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 36 |
| has the meaning ascribed to it in Section
16A-2.4 of this |
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| Code;
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| (16) Is, or the person battered is, in any building or | 3 |
| other structure
used to provide shelter or other services | 4 |
| to victims or to the dependent
children of victims of | 5 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 7 |
| or the person
battered is within 500 feet of such a | 8 |
| building or other structure while going
to or from such a | 9 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 11 |
| Domestic Violence Act of
1986. "Building or other structure | 12 |
| used to provide shelter" has the meaning
ascribed to | 13 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 14 |
| Act; or
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| (17) Knows the individual harmed to be an employee of a | 16 |
| police or
sheriff's department engaged in the performance | 17 |
| of his or her official duties
as such employee.
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| For the purpose of paragraph (14) of subsection (b) of this | 19 |
| Section, a
physically handicapped person is a person who | 20 |
| suffers from a permanent and
disabling physical | 21 |
| characteristic, resulting from disease, injury,
functional | 22 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him | 24 |
| to take,
without his consent or by threat or deception, and for | 25 |
| other than
medical purposes, any intoxicating, poisonous, | 26 |
| stupefying, narcotic,
anesthetic, or controlled substance | 27 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 29 |
| that
contains any substance or object that is intended to cause | 30 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 32 |
| knowingly and
without lawful justification shines or flashes a | 33 |
| laser gunsight or other laser
device that is attached or | 34 |
| affixed to a firearm, or used in concert with a
firearm, so | 35 |
| that the laser beam strikes upon or against the person of | 36 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 2 |
| dangerous person or a
sexually violent person in the custody of | 3 |
| the Department of Human Services
who causes or attempts to | 4 |
| cause a
correctional employee of the penal institution or an | 5 |
| employee of the
Department of Human Services to come into | 6 |
| contact with blood,
seminal fluid, urine, or feces, by | 7 |
| throwing, tossing, or expelling that fluid
or material commits | 8 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 10 |
| penal institution.
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| (e) Sentence.
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| Aggravated battery is a Class 3 felony, except a violation | 13 |
| of subsection (a)
is a Class 2 felony when the person knows the | 14 |
| individual harmed to be a peace
officer engaged in the | 15 |
| execution of any of his or her official duties, or the
battery | 16 |
| is to prevent the officer from performing his or her official | 17 |
| duties,
or in retaliation for the officer performing his or her | 18 |
| official duties.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, | 20 |
| eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)
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| (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
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| Sec. 12-14. Aggravated Criminal Sexual Assault.
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| (a) The accused commits
aggravated criminal sexual assault | 24 |
| if he or she commits criminal sexual
assault and any of the | 25 |
| following aggravating circumstances existed during, or
for the | 26 |
| purposes of paragraph (7) of this subsection (a)
as part of the | 27 |
| same course of conduct as, the commission of the offense:
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| (1) the accused displayed, threatened to use, or used a | 29 |
| dangerous
weapon, other than a firearm, or any object | 30 |
| fashioned or utilized in such a
manner as to lead the | 31 |
| victim under the circumstances reasonably to believe it
to | 32 |
| be a dangerous weapon; or
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| (2) the accused caused bodily harm, except as provided | 34 |
| in subsection
(a)(10), to the victim; or
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| (3) the accused acted in such a manner as to threaten |
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| or endanger the
life of the victim or any other person; or
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| (4) the criminal sexual assault was perpetrated during | 3 |
| the course of
the commission or attempted commission of any | 4 |
| other felony by the accused; or
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| (5) the victim was 60 years of age or over when the | 6 |
| offense was committed;
or
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| (6) the victim was a physically handicapped person or a | 8 |
| mentally handicapped person ; or
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| (7) the accused delivered (by injection, inhalation, | 10 |
| ingestion, transfer
of possession, or any other means) to | 11 |
| the victim without his or her consent, or
by threat or | 12 |
| deception, and for other than medical purposes, any | 13 |
| controlled
substance; or
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| (8) the accused was armed with a firearm; or
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| (9) the accused personally discharged a firearm during | 16 |
| the commission of
the offense; or
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| (10) the accused, during the commission of the offense, | 18 |
| personally
discharged a firearm that proximately caused | 19 |
| great bodily harm, permanent
disability, permanent | 20 |
| disfigurement, or death to another person.
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| (b) The accused commits aggravated criminal sexual assault | 22 |
| if
the accused was under 17 years of age and (i) commits an act | 23 |
| of
sexual penetration with a victim who was under 9 years of | 24 |
| age when the act
was committed; or (ii) commits an act of | 25 |
| sexual penetration with a victim
who was at least 9 years of | 26 |
| age but under 13 years of age when the act was
committed and | 27 |
| the accused used force or threat of force to commit the act.
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| (c) The accused commits aggravated criminal sexual assault | 29 |
| if he or
she commits an act of sexual penetration with a victim | 30 |
| who was a severely or
profoundly mentally retarded person at | 31 |
| the
time the act was committed.
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| (d) Sentence.
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| (1) Aggravated criminal sexual assault in violation of | 34 |
| paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 35 |
| or in violation of
subsection (b) or
(c) is a Class X | 36 |
| felony.
A violation of subsection (a)(1) is a Class X |
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| felony for which 10 years shall
be added to the term of | 2 |
| imprisonment imposed by the court. A violation of
| 3 |
| subsection (a)(8) is a Class X felony for which 15 years | 4 |
| shall be added to the
term of imprisonment imposed by the | 5 |
| court. A violation of
subsection (a)(9) is a Class X felony | 6 |
| for which 20 years shall be added to the
term of | 7 |
| imprisonment imposed by the court. A violation of | 8 |
| subsection (a)(10) is
a Class X felony for which 25 years | 9 |
| or up to a term of natural life
imprisonment shall be added | 10 |
| to
the term of imprisonment imposed by the court.
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| (2) A person who is convicted of a second or subsequent | 12 |
| offense of
aggravated criminal sexual assault, or who is | 13 |
| convicted of the offense of
aggravated
criminal sexual | 14 |
| assault after having previously been convicted of the | 15 |
| offense
of criminal sexual assault or the offense of | 16 |
| predatory criminal sexual assault
of a child, or who is | 17 |
| convicted of the offense of aggravated criminal sexual
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| assault after having previously been convicted under the | 19 |
| laws of this or any
other state of an offense that is | 20 |
| substantially equivalent to the offense of
criminal sexual
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| assault, the offense of aggravated criminal sexual assault | 22 |
| or the offense of
predatory criminal sexual assault of a | 23 |
| child, shall be sentenced to a term of
natural life | 24 |
| imprisonment.
The commission of the second or subsequent | 25 |
| offense is required to have been
after the initial | 26 |
| conviction for this paragraph (2) to apply.
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| (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | 28 |
| eff.
12-19-01; 92-721, eff. 1-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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