State of Illinois
92nd General Assembly
Legislation

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92_HB2375

 
                                               LRB9204656ARsb

 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 Sections 12-2 and 36-1 and adding Section 12-4.11 as
 6    follows:

 7        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
 8        Sec. 12-2.  Aggravated assault.
 9        (a)  A person commits an  aggravated  assault,  when,  in
10    committing an assault, he:
11             (1)  Uses a deadly weapon or any device manufactured
12        and designed to be substantially similar in appearance to
13        a  firearm,  other  than  by discharging a firearm in the
14        direction of another person, a peace  officer,  a  person
15        summoned  or  directed by a peace officer, a correctional
16        officer or a fireman or in the  direction  of  a  vehicle
17        occupied  by  another  person,  a peace officer, a person
18        summoned or directed by a peace officer,  a  correctional
19        officer  or  a  fireman  while  the officer or fireman is
20        engaged in the execution of any of his  official  duties,
21        or  to prevent the officer or fireman from performing his
22        official duties, or in retaliation  for  the  officer  or
23        fireman performing his official duties;
24             (2)  Is hooded, robed or masked in such manner as to
25        conceal  his  identity  or  any  device  manufactured and
26        designed to be substantially similar in appearance  to  a
27        firearm;
28             (3)  Knows  the individual assaulted to be a teacher
29        or other person employed in any school and  such  teacher
30        or  other  employee  is  upon  the grounds of a school or
31        grounds adjacent thereto, or is in any part of a building
 
                            -2-                LRB9204656ARsb
 1        used for school purposes;
 2             (4)  Knows  the  individual  assaulted   to   be   a
 3        supervisor, director, instructor or other person employed
 4        in  any  park  district  and  such  supervisor, director,
 5        instructor or other employee is upon the grounds  of  the
 6        park  or grounds adjacent thereto, or is in any part of a
 7        building used for park purposes;
 8             (5)  Knows  the  individual  assaulted   to   be   a
 9        caseworker, investigator, or other person employed by the
10        State  Department  of  Public Aid, a County Department of
11        Public Aid, or the Department of Human  Services  (acting
12        as  successor  to  the  Illinois Department of Public Aid
13        under the Department of  Human  Services  Act)  and  such
14        caseworker,  investigator,  or  other  person is upon the
15        grounds of  a  public  aid  office  or  grounds  adjacent
16        thereto,  or is in any part of a building used for public
17        aid purposes, or upon the grounds of a home of  a  public
18        aid  applicant,  recipient  or  any  other  person  being
19        interviewed  or  investigated in the employees' discharge
20        of his duties, or on grounds adjacent thereto, or  is  in
21        any part of a building in which the applicant, recipient,
22        or other such person resides or is located;
23             (6)  Knows  the  individual  assaulted to be a peace
24        officer, or a community policing volunteer, or a  fireman
25        while  the officer or fireman is engaged in the execution
26        of any of his official duties, or to prevent the officer,
27        community policing volunteer, or fireman from  performing
28        his  official  duties, or in retaliation for the officer,
29        community policing volunteer, or fireman  performing  his
30        official  duties, and the assault is committed other than
31        by the discharge of a firearm in  the  direction  of  the
32        officer  or  fireman  or  in  the  direction of a vehicle
33        occupied by the officer or fireman;
34             (7)  Knows  the  individual  assaulted  to   be   an
 
                            -3-                LRB9204656ARsb
 1        emergency   medical  technician  -  ambulance,  emergency
 2        medical  technician  -  intermediate,  emergency  medical
 3        technician - paramedic, ambulance driver or other medical
 4        assistance  or  first  aid  personnel   employed   by   a
 5        municipality  or  other  governmental unit engaged in the
 6        execution of any of his official duties,  or  to  prevent
 7        the  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        his  official duties, or in retaliation for the emergency
12        medical  technician  -   ambulance,   emergency   medical
13        technician - intermediate, emergency medical technician -
14        paramedic,  ambulance driver, or other medical assistance
15        or first aid personnel performing his official duties;
16             (8)  Knows  the  individual  assaulted  to  be   the
17        driver,   operator,   employee   or   passenger   of  any
18        transportation facility or system engaged in the business
19        of  transportation  of  the  public  for  hire  and   the
20        individual  assaulted is then performing in such capacity
21        or then using such public transportation as  a  passenger
22        or  using  any  area of any description designated by the
23        transportation facility or system as a vehicle  boarding,
24        departure, or transfer location;
25             (9)  Or  the  individual  assaulted is on or about a
26        public  way,  public  property,  or   public   place   of
27        accommodation or amusement;
28             (10)  Knows   the  individual  assaulted  to  be  an
29        employee  of  the  State   of   Illinois,   a   municipal
30        corporation  therein  or a political subdivision thereof,
31        engaged in the performance of his  authorized  duties  as
32        such employee;
33             (11)  Knowingly  and  without  legal  justification,
34        commits an assault on a physically handicapped person;
 
                            -4-                LRB9204656ARsb
 1             (12)  Knowingly  and  without  legal  justification,
 2        commits an assault on a person 60 years of age or older;
 3             (13)  Discharges a firearm;
 4             (14)  Knows   the   individual  assaulted  to  be  a
 5        correctional officer, while the officer is engaged in the
 6        execution of any of his or her  official  duties,  or  to
 7        prevent  the  officer from performing his or her official
 8        duties, or in retaliation for the officer performing  his
 9        or her official duties; or
10             (15)  Knows   the   individual  assaulted  to  be  a
11        correctional employee, while the employee is  engaged  in
12        the execution of any of his or her official duties, or to
13        prevent  the employee from performing his or her official
14        duties, or in retaliation for the employee performing his
15        or her official duties,  and  the  assault  is  committed
16        other than by the discharge of a firearm in the direction
17        of the employee or in the direction of a vehicle occupied
18        by the employee; or
19             (16)  Uses  a  motor  vehicle  as defined in Section
20        1-146 of the Illinois Vehicle Code.
21        (a-5)  A person commits an aggravated assault when he  or
22    she  knowingly  and  without  lawful  justification shines or
23    flashes a laser  gunsight  or  other  laser  device  that  is
24    attached  or  affixed to a firearm, or used in concert with a
25    firearm, so that the  laser  beam  strikes  near  or  in  the
26    immediate vicinity of any person.
27        (b)  Sentence.
28        Aggravated  assault  as defined in paragraphs (1) through
29    (5) and (7) through (12) of subsection (a) of this Section is
30    a Class A misdemeanor.   Aggravated  assault  as  defined  in
31    paragraphs  (13),  (14),  and  (15) of subsection (a) of this
32    Section and as defined in subsection (a-5) of this Section is
33    a Class 4 felony. Aggravated assault as defined in  paragraph
34    (16)  of  subsection (a) of this Section is a Class 3 felony.
 
                            -5-                LRB9204656ARsb
 1    Aggravated assault as defined in paragraph (6) of  subsection
 2    (a)  of this Section is a Class A misdemeanor if a firearm is
 3    not used  in  the  commission  of  the  assault.   Aggravated
 4    assault as defined in paragraph (6) of subsection (a) of this
 5    Section  is  a  Class  4  felony  if a firearm is used in the
 6    commission of the assault.
 7    (Source: P.A. 90-406,  eff.  8-15-97;  90-651,  eff.  1-1-99;
 8    91-672, eff. 1-1-00.)

 9        (720 ILCS 5/12-4.11 new)
10        Sec. 12-4.11.  Aggravated battery with a motor vehicle.
11        (a)  A  person  commits  aggravated  battery with a motor
12    vehicle when he or she, in committing a battery, knowingly or
13    intentionally  causes  great   bodily   harm   or   permanent
14    disability  or disfigurement by means of the operation or use
15    of a motor vehicle.
16        (b) For the purpose of this Section, "motor vehicle"  has
17    the  meaning  ascribed to it in Section 1-146 of the Illinois
18    Vehicle Code.
19        (c) Sentence.  Aggravated battery with a motor vehicle is
20    a Class 1 felony.

21        (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
22        Sec. 36-1.  Seizure.  Any  vessel,  vehicle  or  aircraft
23    used  with  the  knowledge  and  consent  of the owner in the
24    commission of, or in the attempt  to  commit  as  defined  in
25    Section  8-4  of  this  Code,  an  offense  prohibited by (a)
26    Section 9-1, 9-3,  10-2,  11-6,  11-15.1,  11-19.1,  11-19.2,
27    11-20.1,  12-4.11,  12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1,
28    19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code,
29    or paragraph (a) of Section 12-15 of this Code, paragraph  or
30    paragraphs (a), (c), or (d) of Section 12-16 of this Code, or
31    paragraph  (16)  of  subsection  (a)  of Section 12-2 of this
32    Code; (b) Section 21, 22, 23, 24 or 26 of the  Cigarette  Tax
 
                            -6-                LRB9204656ARsb
 1    Act  if the vessel, vehicle or aircraft contains more than 10
 2    cartons of such cigarettes; (c) Section 28, 29 or 30  of  the
 3    Cigarette  Use  Tax  Act  if  the vessel, vehicle or aircraft
 4    contains more than 10 cartons of such cigarettes; (d) Section
 5    44 of the Environmental Protection Act; (e) 11-204.1  of  the
 6    Illinois  Vehicle  Code; or (f) the offenses described in the
 7    following provisions of the Illinois  Vehicle  Code:  Section
 8    11-501  subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A),
 9    or (d)(1)(D); may be seized and delivered  forthwith  to  the
10    sheriff of the county of seizure.
11        Within 15 days after such delivery the sheriff shall give
12    notice  of  seizure to each person according to the following
13    method: Upon each such person whose right, title or  interest
14    is  of  record  in  the office of the Secretary of State, the
15    Secretary of Transportation, the Administrator of the Federal
16    Aviation Agency, or any other Department of  this  State,  or
17    any  other state of the United States if such vessel, vehicle
18    or aircraft is required to be so registered, as the case  may
19    be,  by mailing a copy of the notice by certified mail to the
20    address as given upon the records of the Secretary of  State,
21    the Department of Aeronautics, Department of Public Works and
22    Buildings or any other Department of this State or the United
23    States  if such vessel, vehicle or aircraft is required to be
24    so registered. Within that 15 day period  the  sheriff  shall
25    also  notify  the  State's  Attorney of the county of seizure
26    about the seizure.
27        In addition, any mobile or portable equipment used in the
28    commission of an act which is in violation of Section  7g  of
29    the  Metropolitan  Water  Reclamation  District  Act shall be
30    subject to seizure and forfeiture under the  same  procedures
31    provided  in  this  Article for the seizure and forfeiture of
32    vessels, vehicles and aircraft, and any such equipment  shall
33    be  deemed a vessel, vehicle or aircraft for purposes of this
34    Article.
 
                            -7-                LRB9204656ARsb
 1        When a person discharges a firearm at another  individual
 2    from a vehicle with the knowledge and consent of the owner of
 3    the  vehicle  and  with  the  intent  to cause death or great
 4    bodily harm to that individual and as a result  causes  death
 5    or great bodily harm to that individual, the vehicle shall be
 6    subject  to  seizure and forfeiture under the same procedures
 7    provided in this Article for the seizure  and  forfeiture  of
 8    vehicles  used in violations of clauses (a), (b), (c), or (d)
 9    of this Section.
10        If the spouse of the owner of  a  vehicle  seized  for  a
11    violation   of   subdivision  (c-1)(1),  (c-1)(2),  (c-1)(3),
12    (d)(1)(A), or (d)(1)(D) of Section  11-501  of  the  Illinois
13    Vehicle Code or Section 9-3 of this Code makes a showing that
14    the  seized  vehicle is the only source of transportation and
15    it is determined that the financial hardship to the family as
16    a result of the seizure outweighs the benefit  to  the  State
17    from  the seizure, the vehicle may be forfeited to the spouse
18    or family member and  the  title  to  the  vehicle  shall  be
19    transferred  to  the  spouse or family member who is properly
20    licensed  and  who  requires  the  use  of  the  vehicle  for
21    employment or  family  transportation  purposes.   A  written
22    declaration  of  forfeiture  of  a vehicle under this Section
23    shall be sufficient cause for the title to be transferred  to
24    the   spouse  or  family  member.   The  provisions  of  this
25    paragraph shall apply only to one forfeiture per vehicle.  If
26    the  vehicle  is  the  subject  of  a  subsequent  forfeiture
27    proceeding by virtue of a  subsequent  conviction  of  either
28    spouse  or  the family member, the spouse or family member to
29    whom the vehicle was forfeited  under  the  first  forfeiture
30    proceeding  may  not utilize the provisions of this paragraph
31    in another  forfeiture  proceeding.   If  the  owner  of  the
32    vehicle  seized owns more than one vehicle, the procedure set
33    out in this paragraph may be used for only one vehicle.
34        Property declared contraband  under  Section  40  of  the
 
                            -8-                LRB9204656ARsb
 1    Illinois  Streetgang  Terrorism Omnibus Prevention Act may be
 2    seized and forfeited under this Article.
 3    (Source: P.A. 90-134,  eff.  7-22-97;  90-216,  eff.  1-1-98;
 4    90-655,  eff.  7-30-98;  90-738,  eff.  1-1-99;  91-876, eff.
 5    1-1-01.)

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