State of Illinois
92nd General Assembly

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 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 12-4 as follows:

 6        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 7        Sec. 12-4. Aggravated Battery.
 8        (a)  A person who, in committing a battery, intentionally
 9    or   knowingly   causes   great  bodily  harm,  or  permanent
10    disability or disfigurement commits aggravated battery.
11        (b)  In committing a battery, a person commits aggravated
12    battery if he or she:
13             (1)  Uses  a  deadly  weapon  other  than   by   the
14        discharge of a firearm;
15             (2)  Is  hooded,  robed or masked, in such manner as
16        to conceal his identity;
17             (3)  Knows the individual harmed to be a teacher  or
18        other  person  employed in any school and such teacher or
19        other employee is upon the grounds of a school or grounds
20        adjacent thereto, or is in any part of  a  building  used
21        for school purposes;
22             (4)  Knows the individual harmed to be a supervisor,
23        director, instructor or other person employed in any park
24        district  and  such  supervisor,  director, instructor or
25        other employee is upon the grounds of the park or grounds
26        adjacent thereto, or is in any part of  a  building  used
27        for park purposes;
28             (5)  Knows the individual harmed to be a caseworker,
29        investigator,  or  other  person  employed  by  the State
30        Department of Public Aid, a County Department  of  Public
31        Aid,  or  the  Department  of  Human  Services (acting as
                            -2-                LRB9204667RCmg
 1        successor to the Illinois Department of Public Aid  under
 2        the   Department   of   Human   Services  Act)  and  such
 3        caseworker, investigator, or other  person  is  upon  the
 4        grounds  of  a  public  aid  office  or  grounds adjacent
 5        thereto, or is in any part of a building used for  public
 6        aid  purposes,  or upon the grounds of a home of a public
 7        aid applicant,  recipient,  or  any  other  person  being
 8        interviewed  or  investigated in the employee's discharge
 9        of his duties, or on grounds adjacent thereto, or  is  in
10        any part of a building in which the applicant, recipient,
11        or other such person resides or is located;
12             (6)  Knows  the  individual  harmed  to  be  a peace
13        officer, a community policing volunteer,  a  correctional
14        institution  employee,  or  a fireman while such officer,
15        volunteer,  employee  or  fireman  is  engaged   in   the
16        execution  of  any  official  duties  including arrest or
17        attempted arrest, or to prevent the  officer,  volunteer,
18        employee  or  fireman from performing official duties, or
19        in retaliation for the officer,  volunteer,  employee  or
20        fireman  performing  official  duties, and the battery is
21        committed other than by the discharge of a firearm;
22             (7)  Knows the individual harmed to be an  emergency
23        medical   technician   -   ambulance,  emergency  medical
24        technician - intermediate, emergency medical technician -
25        paramedic, ambulance driver,  other  medical  assistance,
26        first aid personnel, or hospital emergency room personnel
27        engaged  in the performance of any of his or her official
28        duties, or to prevent the emergency medical technician  -
29        ambulance,  emergency  medical technician - intermediate,
30        emergency  medical  technician  -  paramedic,   ambulance
31        driver, other medical assistance, first aid personnel, or
32        hospital   emergency   room   personnel  from  performing
33        official  duties,  or  in  retaliation   for   performing
34        official duties;
                            -3-                LRB9204667RCmg
 1             (8)  Is,  or  the  person battered is, on or about a
 2        public  way,  public  property   or   public   place   of
 3        accommodation or amusement;
 4             (9)  Knows  the  individual harmed to be the driver,
 5        operator, employee or  passenger  of  any  transportation
 6        facility   or   system   engaged   in   the  business  of
 7        transportation of the public for hire and the  individual
 8        assaulted  is  then  performing  in such capacity or then
 9        using such public transportation as a passenger or  using
10        any   area   of   any   description   designated  by  the
11        transportation facility or system as a vehicle  boarding,
12        departure, or transfer location;
13             (10)  Knowingly  and without legal justification and
14        by any means causes bodily harm to an  individual  of  60
15        years of age or older;
16             (11)  Knows the individual harmed is pregnant;
17             (12)  Knows the individual harmed to be a judge whom
18        the  person  intended  to harm as a result of the judge's
19        performance of his or her official duties as a judge;
20             (13)  Knows the individual harmed to be an  employee
21        of   the  Illinois  Department  of  Children  and  Family
22        Services engaged in the  performance  of  his  authorized
23        duties as such employee;
24             (14)  Knows the individual harmed to be a person who
25        is physically handicapped; or
26             (15)  Knowingly  and without legal justification and
27        by any means causes bodily harm to a merchant who detains
28        the person for an  alleged  commission  of  retail  theft
29        under  Section  16A-5  of  this  Code. In this item (15),
30        "merchant" has the meaning  ascribed  to  it  in  Section
31        16A-2.4 of this Code.
32        For  the  purpose  of paragraph (14) of subsection (b) of
33    this Section, a physically handicapped person is a person who
34    suffers   from   a   permanent   and    disabling    physical
                            -4-                LRB9204667RCmg
 1    characteristic,  resulting  from  disease, injury, functional
 2    disorder or congenital condition.
 3        (c)  A person who administers to an individual or  causes
 4    him  or  her to take, without his or her consent or by threat
 5    or deception,  and  for  other  than  medical  purposes,  any
 6    intoxicating, poisonous, stupefying, narcotic, anesthetic, or
 7    controlled substance commits aggravated battery.
 8        (d)  A  person  who knowingly gives to another person any
 9    food that contains any substance or object that  is  intended
10    to   cause  physical  injury  if  eaten,  commits  aggravated
11    battery.
12        (d-3) (d-5)  A person commits aggravated battery when  he
13    or  she  knowingly and without lawful justification shines or
14    flashes a laser  gunsight  or  other  laser  device  that  is
15    attached  or  affixed to a firearm, or used in concert with a
16    firearm, so that the laser beam strikes upon or  against  the
17    person of another.
18        (d-5)  An  inmate  of  a  penal institution who causes or
19    attempts to  cause  a  correctional  employee  of  the  penal
20    institution  to  come into contact with blood, seminal fluid,
21    urine, or feces, by  throwing,  tossing,  or  expelling  that
22    fluid  or  material commits aggravated battery.  For purposes
23    of this subsection (d-5),  "correctional  employee"  means  a
24    person who is employed by a penal institution.
25        (e)  Sentence.
26        Aggravated  battery  is  a  Class  3  felony.  Aggravated
27    battery  under  subsection  (c)  of this Section is a Class 2
28    felony   when the victim of the offense was under 18 years of
29    age at the time of the commission of the offense.
30    (Source: P.A.  90-115,  eff.  1-1-98;  90-651,  eff.  1-1-99;
31    90-735, eff. 8-11-98;  91-357,  eff.  7-29-99;  91-488,  eff.
32    1-1-00;  91-619,  eff.  1-1-00;  91-672, eff. 1-1-00; revised
33    1-7-00.)

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