State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 002 ]

90_HB2067ham001

                                             LRB9004418RCpcam
 1                    AMENDMENT TO HOUSE BILL 2067
 2        AMENDMENT NO.     .  Amend House Bill 2067  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend the Criminal Code of 1961 by changing
 5    Section 12-4."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.  The  Criminal  Code  of  1961 is amended by
 9    changing Section 12-4 as follows:
10        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
11        (Text of Section before amendment by P.A. 89-507)
12        Sec. 12-4. Aggravated Battery.
13        (a)  A person who, in committing a battery, intentionally
14    or  knowingly  causes  great  bodily   harm,   or   permanent
15    disability or disfigurement commits aggravated battery.
16        (b)  In committing a battery, a person commits aggravated
17    battery if he or she:
18             (1)  Uses   a   deadly  weapon  other  than  by  the
19        discharge of a firearm;
20             (2)  Is hooded, robed or masked, in such  manner  as
                            -2-              LRB9004418RCpcam
 1        to conceal his identity;
 2             (3)  Knows  the individual harmed to be a teacher or
 3        other person employed in any school and such  teacher  or
 4        other employee is upon the grounds of a school or grounds
 5        adjacent  thereto,  or  is in any part of a building used
 6        for school purposes;
 7             (4)  Knows the individual harmed to be a supervisor,
 8        director, instructor or other person employed in any park
 9        district and such  supervisor,  director,  instructor  or
10        other employee is upon the grounds of the park or grounds
11        adjacent  thereto,  or  is in any part of a building used
12        for park purposes;
13             (5)  Knows the individual harmed to be a caseworker,
14        investigator, or  other  person  employed  by  the  State
15        Department of Public Aid or a County Department of Public
16        Aid and such caseworker, investigator, or other person is
17        upon  the  grounds  of  a  Public  Aid  office or grounds
18        adjacent thereto, or is in any part of  a  building  used
19        for Public Aid purposes, or upon the grounds of a home of
20        a  public  aid  applicant, recipient, or any other person
21        being  interviewed  or  investigated  in  the  employee's
22        discharge of his duties, or on grounds adjacent  thereto,
23        or  is  in any part of a building in which the applicant,
24        recipient, or other such person resides or is located;
25             (6)  Knows the  individual  harmed  to  be  a  peace
26        officer,  a  person  summoned  and  directed  by  a peace
27        officer,  a  correctional  institution  employee,  or   a
28        fireman  while  such  officer,  employee  or  fireman  is
29        engaged in the execution of any official duties including
30        arrest  or  attempted  arrest, or to prevent the officer,
31        employee or fireman from performing official  duties,  or
32        in  retaliation  for  the  officer,  employee  or fireman
33        performing official duties, and the battery is  committed
34        other than by the discharge of a firearm;
                            -3-              LRB9004418RCpcam
 1             (7)  Knows  the individual harmed to be an emergency
 2        medical  technician  -   ambulance,   emergency   medical
 3        technician - intermediate, emergency medical technician -
 4        paramedic,  ambulance  driver or other medical assistance
 5        or first aid personnel engaged in the performance of  any
 6        of  his  or  her  official  duties,  or  to  prevent  the
 7        emergency   medical  technician  -  ambulance,  emergency
 8        medical  technician  -  intermediate,  emergency  medical
 9        technician  -  paramedic,  ambulance  driver,  or   other
10        medical assistance or first aid personnel from performing
11        official   duties,   or  in  retaliation  for  performing
12        official duties;
13             (8)  Is, or the person battered is, on  or  about  a
14        public   way,   public   property   or  public  place  of
15        accommodation or amusement;
16             (9)  Knows the individual harmed to be  the  driver,
17        operator,  employee  or  passenger  of any transportation
18        facility  or  system   engaged   in   the   business   of
19        transportation  of the public for hire and the individual
20        assaulted is then performing in  such  capacity  or  then
21        using  such public transportation as a passenger or using
22        any  area  of   any   description   designated   by   the
23        transportation  facility or system as a vehicle boarding,
24        departure, or transfer location;
25             (10)  Knowingly and without legal justification  and
26        by  any  means  causes bodily harm to an individual of 60
27        years of age or older;
28             (11)  Knows the individual harmed is pregnant;
29             (12)  Knows the individual harmed to be a judge whom
30        the person intended to harm as a result  of  the  judge's
31        performance of his or her official duties as a judge;
32             (13)  Knows  the individual harmed to be an employee
33        of  the  Illinois  Department  of  Children  and   Family
34        Services  engaged  in  the  performance of his authorized
                            -4-              LRB9004418RCpcam
 1        duties as such employee; or
 2             (14)  Knows the individual harmed to be a person who
 3        is physically handicapped.
 4        For the purpose of paragraph (14) of  subsection  (b)  of
 5    this Section, a physically handicapped person is a person who
 6    suffers    from    a   permanent   and   disabling   physical
 7    characteristic, resulting from  disease,  injury,  functional
 8    disorder or congenital condition.
 9        (c)  A  person who administers to an individual or causes
10    him to take, without his consent or by threat  or  deception,
11    and  for  other  than  medical  purposes,  any  intoxicating,
12    poisonous,   stupefying,  narcotic  or  anesthetic  substance
13    commits aggravated battery.
14        (d)  A person who knowingly gives to another  person  any
15    food  that  contains any substance or object that is intended
16    to  cause  physical  injury  if  eaten,  commits   aggravated
17    battery.
18        (e)  Sentence.
19        Aggravated battery is a Class 3 felony.
20    (Source: P.A. 87-921; 87-1083; 88-45; 88-433.)
21        (Text of Section after amendment by P.A. 89-507)
22        Sec. 12-4. Aggravated Battery.
23        (a)  A person who, in committing a battery, intentionally
24    or   knowingly   causes   great  bodily  harm,  or  permanent
25    disability or disfigurement commits aggravated battery.
26        (b)  In committing a battery, a person commits aggravated
27    battery if he or she:
28             (1)  Uses  a  deadly  weapon  other  than   by   the
29        discharge of a firearm;
30             (2)  Is  hooded,  robed or masked, in such manner as
31        to conceal his identity;
32             (3)  Knows the individual harmed to be a teacher  or
33        other  person  employed in any school and such teacher or
34        other employee is upon the grounds of a school or grounds
                            -5-              LRB9004418RCpcam
 1        adjacent thereto, or is in any part of  a  building  used
 2        for school purposes;
 3             (4)  Knows the individual harmed to be a supervisor,
 4        director, instructor or other person employed in any park
 5        district  and  such  supervisor,  director, instructor or
 6        other employee is upon the grounds of the park or grounds
 7        adjacent thereto, or is in any part of  a  building  used
 8        for park purposes;
 9             (5)  Knows the individual harmed to be a caseworker,
10        investigator,  or  other  person  employed  by  the State
11        Department of Public Aid, a County Department  of  Public
12        Aid,  or  the  Department  of  Human  Services (acting as
13        successor to the Illinois Department of Public Aid  under
14        the   Department   of   Human   Services  Act)  and  such
15        caseworker, investigator, or other  person  is  upon  the
16        grounds  of  a  public  aid  office  or  grounds adjacent
17        thereto, or is in any part of a building used for  public
18        aid  purposes,  or upon the grounds of a home of a public
19        aid applicant,  recipient,  or  any  other  person  being
20        interviewed  or  investigated in the employee's discharge
21        of his duties, or on grounds adjacent thereto, or  is  in
22        any part of a building in which the applicant, recipient,
23        or other such person resides or is located;
24             (6)  Knows  the  individual  harmed  to  be  a peace
25        officer, a  person  summoned  and  directed  by  a  peace
26        officer,   a  correctional  institution  employee,  or  a
27        fireman  while  such  officer,  employee  or  fireman  is
28        engaged in the execution of any official duties including
29        arrest or attempted arrest, or to  prevent  the  officer,
30        employee  or  fireman from performing official duties, or
31        in retaliation  for  the  officer,  employee  or  fireman
32        performing  official duties, and the battery is committed
33        other than by the discharge of a firearm;
34             (7)  Knows the individual harmed to be an  emergency
                            -6-              LRB9004418RCpcam
 1        medical   technician   -   ambulance,  emergency  medical
 2        technician - intermediate, emergency medical technician -
 3        paramedic, ambulance driver or other  medical  assistance
 4        or  first aid personnel engaged in the performance of any
 5        of  his  or  her  official  duties,  or  to  prevent  the
 6        emergency  medical  technician  -  ambulance,   emergency
 7        medical  technician  -  intermediate,  emergency  medical
 8        technician   -  paramedic,  ambulance  driver,  or  other
 9        medical assistance or first aid personnel from performing
10        official  duties,  or  in  retaliation   for   performing
11        official duties;
12             (8)  Is,  or  the  person battered is, on or about a
13        public  way,  public  property   or   public   place   of
14        accommodation or amusement;
15             (9)  Knows  the  individual harmed to be the driver,
16        operator, employee or  passenger  of  any  transportation
17        facility   or   system   engaged   in   the  business  of
18        transportation of the public for hire and the  individual
19        assaulted  is  then  performing  in such capacity or then
20        using such public transportation as a passenger or  using
21        any   area   of   any   description   designated  by  the
22        transportation facility or system as a vehicle  boarding,
23        departure, or transfer location;
24             (10)  Knowingly  and without legal justification and
25        by any means causes bodily harm to an  individual  of  60
26        years of age or older;
27             (11)  Knows the individual harmed is pregnant;
28             (12)  Knows the individual harmed to be a judge whom
29        the  person  intended  to harm as a result of the judge's
30        performance of his or her official duties as a judge;
31             (13)  Knows the individual harmed to be an  employee
32        of   the  Illinois  Department  of  Children  and  Family
33        Services engaged in the  performance  of  his  authorized
34        duties as such employee; or
                            -7-              LRB9004418RCpcam
 1             (14)  Knows the individual harmed to be a person who
 2        is physically handicapped.
 3        For  the  purpose  of paragraph (14) of subsection (b) of
 4    this Section, a physically handicapped person is a person who
 5    suffers   from   a   permanent   and    disabling    physical
 6    characteristic,  resulting  from  disease, injury, functional
 7    disorder or congenital condition.
 8        (c)  A person who administers to an individual or  causes
 9    him  to  take, without his consent or by threat or deception,
10    and  for  other  than  medical  purposes,  any  intoxicating,
11    poisonous,  stupefying,  narcotic  or  anesthetic   substance
12    commits aggravated battery.
13        (d)  A  person  who knowingly gives to another person any
14    food that contains any substance or object that  is  intended
15    to   cause  physical  injury  if  eaten,  commits  aggravated
16    battery.
17        (e)  Sentence.
18        Except  as  otherwise   provided   in   subsection   (f),
19    aggravated battery is a Class 3 felony.
20        (f)  A person who, in committing a battery, intentionally
21    or knowingly causes great bodily harm or permanent disability
22    or  disfigurement  under  paragraph  (6)  of  subsection  (b)
23    commits a Class 1 felony.
24    (Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)".

[ Top ]