[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
90_HB1548
720 ILCS 5/12-4 from Ch. 38, par. 12-4
Amends the Criminal Code of 1961. Provides that a person
commits aggravated battery if he or she knowingly and without
legal justification and by any means causes bodily harm to a
merchant who detains the person for alleged commission of
retail theft.
LRB9005087NTsb
LRB9005087NTsb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-4 as follows:
7 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 12-4. Aggravated Battery.
10 (a) A person who, in committing a battery, intentionally
11 or knowingly causes great bodily harm, or permanent
12 disability or disfigurement commits aggravated battery.
13 (b) In committing a battery, a person commits aggravated
14 battery if he or she:
15 (1) Uses a deadly weapon other than by the
16 discharge of a firearm;
17 (2) Is hooded, robed or masked, in such manner as
18 to conceal his identity;
19 (3) Knows the individual harmed to be a teacher or
20 other person employed in any school and such teacher or
21 other employee is upon the grounds of a school or grounds
22 adjacent thereto, or is in any part of a building used
23 for school purposes;
24 (4) Knows the individual harmed to be a supervisor,
25 director, instructor or other person employed in any park
26 district and such supervisor, director, instructor or
27 other employee is upon the grounds of the park or grounds
28 adjacent thereto, or is in any part of a building used
29 for park purposes;
30 (5) Knows the individual harmed to be a caseworker,
31 investigator, or other person employed by the State
-2- LRB9005087NTsb
1 Department of Public Aid or a County Department of Public
2 Aid and such caseworker, investigator, or other person is
3 upon the grounds of a Public Aid office or grounds
4 adjacent thereto, or is in any part of a building used
5 for Public Aid purposes, or upon the grounds of a home of
6 a public aid applicant, recipient, or any other person
7 being interviewed or investigated in the employee's
8 discharge of his duties, or on grounds adjacent thereto,
9 or is in any part of a building in which the applicant,
10 recipient, or other such person resides or is located;
11 (6) Knows the individual harmed to be a peace
12 officer, a person summoned and directed by a peace
13 officer, a correctional institution employee, or a
14 fireman while such officer, employee or fireman is
15 engaged in the execution of any official duties including
16 arrest or attempted arrest, or to prevent the officer,
17 employee or fireman from performing official duties, or
18 in retaliation for the officer, employee or fireman
19 performing official duties, and the battery is committed
20 other than by the discharge of a firearm;
21 (7) Knows the individual harmed to be an emergency
22 medical technician - ambulance, emergency medical
23 technician - intermediate, emergency medical technician -
24 paramedic, ambulance driver or other medical assistance
25 or first aid personnel engaged in the performance of any
26 of his or her official duties, or to prevent the
27 emergency medical technician - ambulance, emergency
28 medical technician - intermediate, emergency medical
29 technician - paramedic, ambulance driver, or other
30 medical assistance or first aid personnel from performing
31 official duties, or in retaliation for performing
32 official duties;
33 (8) Is, or the person battered is, on or about a
34 public way, public property or public place of
-3- LRB9005087NTsb
1 accommodation or amusement;
2 (9) Knows the individual harmed to be the driver,
3 operator, employee or passenger of any transportation
4 facility or system engaged in the business of
5 transportation of the public for hire and the individual
6 assaulted is then performing in such capacity or then
7 using such public transportation as a passenger or using
8 any area of any description designated by the
9 transportation facility or system as a vehicle boarding,
10 departure, or transfer location;
11 (10) Knowingly and without legal justification and
12 by any means causes bodily harm to an individual of 60
13 years of age or older;
14 (11) Knows the individual harmed is pregnant;
15 (12) Knows the individual harmed to be a judge whom
16 the person intended to harm as a result of the judge's
17 performance of his or her official duties as a judge;
18 (13) Knows the individual harmed to be an employee
19 of the Illinois Department of Children and Family
20 Services engaged in the performance of his authorized
21 duties as such employee; or
22 (14) Knows the individual harmed to be a person who
23 is physically handicapped.
24 For the purpose of paragraph (14) of subsection (b) of
25 this Section, a physically handicapped person is a person who
26 suffers from a permanent and disabling physical
27 characteristic, resulting from disease, injury, functional
28 disorder or congenital condition.
29 (c) A person who administers to an individual or causes
30 him to take, without his consent or by threat or deception,
31 and for other than medical purposes, any intoxicating,
32 poisonous, stupefying, narcotic or anesthetic substance
33 commits aggravated battery.
34 (d) A person who knowingly gives to another person any
-4- LRB9005087NTsb
1 food that contains any substance or object that is intended
2 to cause physical injury if eaten, commits aggravated
3 battery.
4 (e) Sentence.
5 Aggravated battery is a Class 3 felony.
6 (Source: P.A. 87-921; 87-1083; 88-45; 88-433.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 12-4. Aggravated Battery.
9 (a) A person who, in committing a battery, intentionally
10 or knowingly causes great bodily harm, or permanent
11 disability or disfigurement commits aggravated battery.
12 (b) In committing a battery, a person commits aggravated
13 battery if he or she:
14 (1) Uses a deadly weapon other than by the
15 discharge of a firearm;
16 (2) Is hooded, robed or masked, in such manner as
17 to conceal his identity;
18 (3) Knows the individual harmed to be a teacher or
19 other person employed in any school and such teacher or
20 other employee is upon the grounds of a school or grounds
21 adjacent thereto, or is in any part of a building used
22 for school purposes;
23 (4) Knows the individual harmed to be a supervisor,
24 director, instructor or other person employed in any park
25 district and such supervisor, director, instructor or
26 other employee is upon the grounds of the park or grounds
27 adjacent thereto, or is in any part of a building used
28 for park purposes;
29 (5) Knows the individual harmed to be a caseworker,
30 investigator, or other person employed by the State
31 Department of Public Aid, a County Department of Public
32 Aid, or the Department of Human Services (acting as
33 successor to the Illinois Department of Public Aid under
34 the Department of Human Services Act) and such
-5- LRB9005087NTsb
1 caseworker, investigator, or other person is upon the
2 grounds of a public aid office or grounds adjacent
3 thereto, or is in any part of a building used for public
4 aid purposes, or upon the grounds of a home of a public
5 aid applicant, recipient, or any other person being
6 interviewed or investigated in the employee's discharge
7 of his duties, or on grounds adjacent thereto, or is in
8 any part of a building in which the applicant, recipient,
9 or other such person resides or is located;
10 (6) Knows the individual harmed to be a peace
11 officer, a person summoned and directed by a peace
12 officer, a correctional institution employee, or a
13 fireman while such officer, employee or fireman is
14 engaged in the execution of any official duties including
15 arrest or attempted arrest, or to prevent the officer,
16 employee or fireman from performing official duties, or
17 in retaliation for the officer, employee or fireman
18 performing official duties, and the battery is committed
19 other than by the discharge of a firearm;
20 (7) Knows the individual harmed to be an emergency
21 medical technician - ambulance, emergency medical
22 technician - intermediate, emergency medical technician -
23 paramedic, ambulance driver or other medical assistance
24 or first aid personnel engaged in the performance of any
25 of his or her official duties, or to prevent the
26 emergency medical technician - ambulance, emergency
27 medical technician - intermediate, emergency medical
28 technician - paramedic, ambulance driver, or other
29 medical assistance or first aid personnel from performing
30 official duties, or in retaliation for performing
31 official duties;
32 (8) Is, or the person battered is, on or about a
33 public way, public property or public place of
34 accommodation or amusement;
-6- LRB9005087NTsb
1 (9) Knows the individual harmed to be the driver,
2 operator, employee or passenger of any transportation
3 facility or system engaged in the business of
4 transportation of the public for hire and the individual
5 assaulted is then performing in such capacity or then
6 using such public transportation as a passenger or using
7 any area of any description designated by the
8 transportation facility or system as a vehicle boarding,
9 departure, or transfer location;
10 (10) Knowingly and without legal justification and
11 by any means causes bodily harm to an individual of 60
12 years of age or older;
13 (11) Knows the individual harmed is pregnant;
14 (12) Knows the individual harmed to be a judge whom
15 the person intended to harm as a result of the judge's
16 performance of his or her official duties as a judge;
17 (13) Knows the individual harmed to be an employee
18 of the Illinois Department of Children and Family
19 Services engaged in the performance of his authorized
20 duties as such employee; or
21 (14) Knows the individual harmed to be a person who
22 is physically handicapped; or.
23 (15) Knowingly and without legal justification and
24 by any means causes bodily harm to a merchant who detains
25 the person for an alleged commission of retail theft
26 under Section 16A-5 of this Code. In this item (15),
27 "merchant" has the meaning ascribed to it in Section
28 16A-2.4 of this Code.
29 For the purpose of paragraph (14) of subsection (b) of
30 this Section, a physically handicapped person is a person who
31 suffers from a permanent and disabling physical
32 characteristic, resulting from disease, injury, functional
33 disorder or congenital condition.
34 (c) A person who administers to an individual or causes
-7- LRB9005087NTsb
1 him to take, without his consent or by threat or deception,
2 and for other than medical purposes, any intoxicating,
3 poisonous, stupefying, narcotic or anesthetic substance
4 commits aggravated battery.
5 (d) A person who knowingly gives to another person any
6 food that contains any substance or object that is intended
7 to cause physical injury if eaten, commits aggravated
8 battery.
9 (e) Sentence.
10 Aggravated battery is a Class 3 felony.
11 (Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.