[ 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.)".