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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB2067ham002
LRB9004418RCksam
1 AMENDMENT TO HOUSE BILL 2067
2 AMENDMENT NO. . Amend House Bill 2067, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
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1 for school purposes;
2 (4) Knows the individual harmed to be a supervisor,
3 director, instructor or other person employed in any park
4 district and such supervisor, director, instructor or
5 other employee is upon the grounds of the park or grounds
6 adjacent thereto, or is in any part of a building used
7 for park purposes;
8 (5) Knows the individual harmed to be a caseworker,
9 investigator, or other person employed by the State
10 Department of Public Aid or a County Department of Public
11 Aid and such caseworker, investigator, or other person is
12 upon the grounds of a Public Aid office or grounds
13 adjacent thereto, or is in any part of a building used
14 for Public Aid purposes, or upon the grounds of a home of
15 a public aid applicant, recipient, or any other person
16 being interviewed or investigated in the employee's
17 discharge of his duties, or on grounds adjacent thereto,
18 or is in any part of a building in which the applicant,
19 recipient, or other such person resides or is located;
20 (6) Knows the individual harmed to be a peace
21 officer, a person summoned and directed by a peace
22 officer, a correctional institution employee, or a
23 fireman while such officer, employee or fireman is
24 engaged in the execution of any official duties including
25 arrest or attempted arrest, or to prevent the officer,
26 employee or fireman from performing official duties, or
27 in retaliation for the officer, employee or fireman
28 performing official duties, and the battery is committed
29 other than by the discharge of a firearm;
30 (7) Knows the individual harmed to be an emergency
31 medical technician - ambulance, emergency medical
32 technician - intermediate, emergency medical technician -
33 paramedic, ambulance driver or other medical assistance
34 or first aid personnel engaged in the performance of any
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1 of his or her official duties, or to prevent the
2 emergency medical technician - ambulance, emergency
3 medical technician - intermediate, emergency medical
4 technician - paramedic, ambulance driver, or other
5 medical assistance or first aid personnel from performing
6 official duties, or in retaliation for performing
7 official duties;
8 (8) Is, or the person battered is, on or about a
9 public way, public property or public place of
10 accommodation or amusement;
11 (9) Knows the individual harmed to be the driver,
12 operator, employee or passenger of any transportation
13 facility or system engaged in the business of
14 transportation of the public for hire and the individual
15 assaulted is then performing in such capacity or then
16 using such public transportation as a passenger or using
17 any area of any description designated by the
18 transportation facility or system as a vehicle boarding,
19 departure, or transfer location;
20 (10) Knowingly and without legal justification and
21 by any means causes bodily harm to an individual of 60
22 years of age or older;
23 (11) Knows the individual harmed is pregnant;
24 (12) Knows the individual harmed to be a judge whom
25 the person intended to harm as a result of the judge's
26 performance of his or her official duties as a judge;
27 (13) Knows the individual harmed to be an employee
28 of the Illinois Department of Children and Family
29 Services engaged in the performance of his authorized
30 duties as such employee; or
31 (14) Knows the individual harmed to be a person who
32 is physically handicapped.
33 For the purpose of paragraph (14) of subsection (b) of
34 this Section, a physically handicapped person is a person who
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1 suffers from a permanent and disabling physical
2 characteristic, resulting from disease, injury, functional
3 disorder or congenital condition.
4 (c) A person who administers to an individual or causes
5 him to take, without his consent or by threat or deception,
6 and for other than medical purposes, any intoxicating,
7 poisonous, stupefying, narcotic or anesthetic substance
8 commits aggravated battery.
9 (d) A person who knowingly gives to another person any
10 food that contains any substance or object that is intended
11 to cause physical injury if eaten, commits aggravated
12 battery.
13 (e) Sentence.
14 Aggravated battery is a Class 3 felony.
15 (Source: P.A. 87-921; 87-1083; 88-45; 88-433.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 12-4. Aggravated Battery.
18 (a) A person who, in committing a battery, intentionally
19 or knowingly causes great bodily harm, or permanent
20 disability or disfigurement commits aggravated battery.
21 (b) In committing a battery, a person commits aggravated
22 battery if he or she:
23 (1) Uses a deadly weapon other than by the
24 discharge of a firearm;
25 (2) Is hooded, robed or masked, in such manner as
26 to conceal his identity;
27 (3) Knows the individual harmed to be a teacher or
28 other person employed in any school and such teacher or
29 other employee is upon the grounds of a school or grounds
30 adjacent thereto, or is in any part of a building used
31 for school purposes;
32 (4) Knows the individual harmed to be a supervisor,
33 director, instructor or other person employed in any park
34 district and such supervisor, director, instructor or
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1 other employee is upon the grounds of the park or grounds
2 adjacent thereto, or is in any part of a building used
3 for park purposes;
4 (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
8 successor to the Illinois Department of Public Aid under
9 the Department of Human Services Act) and such
10 caseworker, investigator, or other person is upon the
11 grounds of a public aid office or grounds adjacent
12 thereto, or is in any part of a building used for public
13 aid purposes, or upon the grounds of a home of a public
14 aid applicant, recipient, or any other person being
15 interviewed or investigated in the employee's discharge
16 of his duties, or on grounds adjacent thereto, or is in
17 any part of a building in which the applicant, recipient,
18 or other such person resides or is located;
19 (6) Knows the individual harmed to be a peace
20 officer, a person summoned and directed by a peace
21 officer, a correctional institution employee, or a
22 fireman while such officer, employee or fireman is
23 engaged in the execution of any official duties including
24 arrest or attempted arrest, or to prevent the officer,
25 employee or fireman from performing official duties, or
26 in retaliation for the officer, employee or fireman
27 performing official duties, and the battery is committed
28 other than by the discharge of a firearm;
29 (7) Knows the individual harmed to be an emergency
30 medical technician - ambulance, emergency medical
31 technician - intermediate, emergency medical technician -
32 paramedic, ambulance driver or other medical assistance
33 or first aid personnel engaged in the performance of any
34 of his or her official duties, or to prevent the
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1 emergency medical technician - ambulance, emergency
2 medical technician - intermediate, emergency medical
3 technician - paramedic, ambulance driver, or other
4 medical assistance or first aid personnel from performing
5 official duties, or in retaliation for performing
6 official duties;
7 (8) Is, or the person battered is, on or about a
8 public way, public property or public place of
9 accommodation or amusement;
10 (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
14 assaulted is then performing in such capacity or then
15 using such public transportation as a passenger or using
16 any area of any description designated by the
17 transportation facility or system as a vehicle boarding,
18 departure, or transfer location;
19 (10) Knowingly and without legal justification and
20 by any means causes bodily harm to an individual of 60
21 years of age or older;
22 (11) Knows the individual harmed is pregnant;
23 (12) Knows the individual harmed to be a judge whom
24 the person intended to harm as a result of the judge's
25 performance of his or her official duties as a judge;
26 (13) Knows the individual harmed to be an employee
27 of the Illinois Department of Children and Family
28 Services engaged in the performance of his authorized
29 duties as such employee; or
30 (14) Knows the individual harmed to be a person who
31 is physically handicapped; or .
32 (15) Knows the individual harmed to be a State's
33 Attorney or Assistant State's Attorney whom the person
34 intended to harm as a result of the State's Attorney's or
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1 Assistant State's Attorney's performance of his or her
2 official duties as a State's Attorney or Assistant
3 State's Attorney.
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 Except as otherwise provided in subsection (f),
20 aggravated battery is a Class 3 felony.
21 (f) A person who, in committing a battery, intentionally
22 or knowingly causes great bodily harm or permanent disability
23 or disfigurement under paragraph (6) of subsection (b)
24 commits a Class 1 felony.
25 (Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.".