State of Illinois
92nd General Assembly
Legislation

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92_HB5670

 
                                               LRB9214588RCsb

 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 12-2 as follows:

 6        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
 7        Sec. 12-2.  Aggravated assault.
 8        (a)  A person commits an  aggravated  assault,  when,  in
 9    committing an assault, he:
10             (1)  Uses a deadly weapon or any device manufactured
11        and designed to be substantially similar in appearance to
12        a  firearm,  other  than  by discharging a firearm in the
13        direction of another person, a peace  officer,  a  person
14        summoned  or  directed by a peace officer, a correctional
15        officer or a fireman or in the  direction  of  a  vehicle
16        occupied  by  another  person,  a peace officer, a person
17        summoned or directed by a peace officer,  a  correctional
18        officer  or  a  fireman  while  the officer or fireman is
19        engaged in the execution of any of his  official  duties,
20        or  to prevent the officer or fireman from performing his
21        official duties, or in retaliation  for  the  officer  or
22        fireman performing his official duties;
23             (2)  Is hooded, robed or masked in such manner as to
24        conceal  his  identity  or  any  device  manufactured and
25        designed to be substantially similar in appearance  to  a
26        firearm;
27             (3)  Knows  the individual assaulted to be a teacher
28        or other person employed in any school and  such  teacher
29        or  other  employee  is  upon  the grounds of a school or
30        grounds adjacent thereto, or is in any part of a building
31        used for school purposes;
 
                            -2-                LRB9214588RCsb
 1             (4)  Knows  the  individual  assaulted   to   be   a
 2        supervisor, director, instructor or other person employed
 3        in  any  park  district  and  such  supervisor, director,
 4        instructor or other employee is upon the grounds  of  the
 5        park  or grounds adjacent thereto, or is in any part of a
 6        building used for park purposes;
 7             (5)  Knows  the  individual  assaulted   to   be   a
 8        caseworker, investigator, or other person employed by the
 9        State  Department  of  Public Aid, a County Department of
10        Public Aid, or the Department of Human  Services  (acting
11        as  successor  to  the  Illinois Department of Public Aid
12        under the Department of  Human  Services  Act)  and  such
13        caseworker,  investigator,  or  other  person is upon the
14        grounds of  a  public  aid  office  or  grounds  adjacent
15        thereto,  or is in any part of a building used for public
16        aid purposes, or upon the grounds of a home of  a  public
17        aid  applicant,  recipient  or  any  other  person  being
18        interviewed  or  investigated in the employees' discharge
19        of his duties, or on grounds adjacent thereto, or  is  in
20        any part of a building in which the applicant, recipient,
21        or other such person resides or is located;
22             (6)  Knows  the  individual  assaulted to be a peace
23        officer, or a community policing volunteer, or a  fireman
24        while  the officer or fireman is engaged in the execution
25        of any of his official duties, or to prevent the officer,
26        community policing volunteer, or fireman from  performing
27        his  official  duties, or in retaliation for the officer,
28        community policing volunteer, or fireman  performing  his
29        official  duties, and the assault is committed other than
30        by the discharge of a firearm in  the  direction  of  the
31        officer  or  fireman  or  in  the  direction of a vehicle
32        occupied by the officer or fireman;
33             (7)  Knows  the  individual  assaulted  to   be   an
34        emergency   medical  technician  -  ambulance,  emergency
 
                            -3-                LRB9214588RCsb
 1        medical  technician  -  intermediate,  emergency  medical
 2        technician - paramedic, ambulance driver or other medical
 3        assistance  or  first  aid  personnel   employed   by   a
 4        municipality  or  other  governmental unit engaged in the
 5        execution of any of his official duties,  or  to  prevent
 6        the  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        his  official duties, or in retaliation for the emergency
11        medical  technician  -   ambulance,   emergency   medical
12        technician - intermediate, emergency medical technician -
13        paramedic,  ambulance driver, or other medical assistance
14        or first aid personnel performing his official duties;
15             (8)  Knows  the  individual  assaulted  to  be   the
16        driver,   operator,   employee   or   passenger   of  any
17        transportation facility or system engaged in the business
18        of  transportation  of  the  public  for  hire  and   the
19        individual  assaulted is then performing in such capacity
20        or then using such public transportation as  a  passenger
21        or  using  any  area of any description designated by the
22        transportation facility or system as a vehicle  boarding,
23        departure, or transfer location;
24             (9)  Or  the  individual  assaulted is on or about a
25        public  way,  public  property,  or   public   place   of
26        accommodation or amusement;
27             (10)  Knows   the  individual  assaulted  to  be  an
28        employee  of  the  State   of   Illinois,   a   municipal
29        corporation  therein  or a political subdivision thereof,
30        engaged in the performance of his  authorized  duties  as
31        such employee;
32             (11)  Knowingly  and  without  legal  justification,
33        commits an assault on a physically handicapped person;
34             (12)  Knowingly  and  without  legal  justification,
 
                            -4-                LRB9214588RCsb
 1        commits an assault on a person 60 years of age or older;
 2             (13)  Discharges a firearm;
 3             (14)  Knows   the   individual  assaulted  to  be  a
 4        correctional officer, while the officer is engaged in the
 5        execution of any of his or her  official  duties,  or  to
 6        prevent  the  officer from performing his or her official
 7        duties, or in retaliation for the officer performing  his
 8        or her official duties; or
 9             (15)  Knows   the   individual  assaulted  to  be  a
10        correctional employee, while the employee is  engaged  in
11        the execution of any of his or her official duties, or to
12        prevent  the employee from performing his or her official
13        duties, or in retaliation for the employee performing his
14        or her official duties,  and  the  assault  is  committed
15        other than by the discharge of a firearm in the direction
16        of the employee or in the direction of a vehicle occupied
17        by the employee.
18        (a-5)  A  person commits an aggravated assault when he or
19    she knowingly and  without  lawful  justification  shines  or
20    flashes  a  laser  gunsight  or  other  laser  device that is
21    attached or affixed to a firearm, or used in concert  with  a
22    firearm,  so  that  the  laser  beam  strikes  near or in the
23    immediate vicinity of any person.
24        (b)  Sentence.
25        Aggravated assault as defined in paragraphs  (1)  through
26    (5)  and  (8)  (7)  through  (12)  of  subsection (a) of this
27    Section is a Class  A  misdemeanor.   Aggravated  assault  as
28    defined  in paragraphs (13), (14), and (15) of subsection (a)
29    of this Section and as defined in subsection  (a-5)  of  this
30    Section  is  a Class 4 felony.  Aggravated assault as defined
31    in paragraphs paragraph (6) and (7) of subsection (a) of this
32    Section is a Class A misdemeanor if a firearm is not used  in
33    the commission of the assault.  Aggravated assault as defined
34    in paragraphs paragraph (6) and (7) of subsection (a) of this
 
                            -5-                LRB9214588RCsb
 1    Section  is  a  Class  4  felony  if a firearm is used in the
 2    commission of the assault.
 3    (Source: P.A. 90-406,  eff.  8-15-97;  90-651,  eff.  1-1-99;
 4    91-672, eff. 1-1-00.)

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