Public Act 93-0083

HB0249 Enrolled                      LRB093 04407 RLC 04457 b

    AN ACT in relation to criminal law.

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

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

    (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
    Sec. 12-4. Aggravated Battery.
    (a)  A person who, in committing a battery, intentionally
or  knowingly  causes  great  bodily   harm,   or   permanent
disability or disfigurement commits aggravated battery.
    (b)  In committing a battery, a person commits aggravated
battery if he or she:
         (1)  Uses   a   deadly  weapon  other  than  by  the
    discharge of a firearm;
         (2)  Is hooded, robed or masked, in such  manner  as
    to conceal his identity;
         (3)  Knows  the individual harmed to be a teacher or
    other person employed in any school and such  teacher  or
    other employee is upon the grounds of a school or grounds
    adjacent  thereto,  or  is in any part of a building used
    for school purposes;
         (4)  Knows the individual harmed to be a supervisor,
    director, instructor or other person employed in any park
    district and such  supervisor,  director,  instructor  or
    other employee is upon the grounds of the park or grounds
    adjacent  thereto,  or  is in any part of a building used
    for park purposes;
         (5)  Knows the individual harmed to be a caseworker,
    investigator, or  other  person  employed  by  the  State
    Department  of  Public Aid, a County Department of Public
    Aid, or the  Department  of  Human  Services  (acting  as
    successor  to the Illinois Department of Public Aid under
    the  Department  of  Human   Services   Act)   and   such
    caseworker,  investigator,  or  other  person is upon the
    grounds of  a  public  aid  office  or  grounds  adjacent
    thereto,  or is in any part of a building used for public
    aid purposes, or upon the grounds of a home of  a  public
    aid  applicant,  recipient,  or  any  other  person being
    interviewed or investigated in the  employee's  discharge
    of  his  duties, or on grounds adjacent thereto, or is in
    any part of a building in which the applicant, recipient,
    or other such person resides or is located;
         (6)  Knows the  individual  harmed  to  be  a  peace
    officer,  a  community policing volunteer, a correctional
    institution employee, an employee of  the  Department  of
    Human   Services   supervising  or  controlling  sexually
    dangerous persons  or  sexually  violent  persons,  or  a
    fireman   while  such  officer,  volunteer,  employee  or
    fireman is engaged  in  the  execution  of  any  official
    duties  including  arrest  or  attempted  arrest,  or  to
    prevent  the officer, volunteer, employee or fireman from
    performing official duties, or  in  retaliation  for  the
    officer,   volunteer,   employee  or  fireman  performing
    official duties, and the battery is committed other  than
    by the discharge of a firearm;
         (7)  Knows  the individual harmed to be an emergency
    medical  technician  -   ambulance,   emergency   medical
    technician - intermediate, emergency medical technician -
    paramedic,  ambulance  driver,  other medical assistance,
    first aid personnel, or hospital emergency room personnel
    engaged in the performance of any of his or her  official
    duties,  or to prevent the emergency medical technician -
    ambulance, emergency medical technician  -  intermediate,
    emergency   medical  technician  -  paramedic,  ambulance
    driver, other medical assistance, first aid personnel, or
    hospital  emergency  room   personnel   from   performing
    official   duties,   or  in  retaliation  for  performing
    official duties;
         (8)  Is, or the person battered is, on  or  about  a
    public   way,   public   property   or  public  place  of
    accommodation or amusement;
         (9)  Knows the individual harmed to be  the  driver,
    operator,  employee  or  passenger  of any transportation
    facility  or  system   engaged   in   the   business   of
    transportation  of the public for hire and the individual
    assaulted is then performing in  such  capacity  or  then
    using  such public transportation as a passenger or using
    any  area  of   any   description   designated   by   the
    transportation  facility or system as a vehicle boarding,
    departure, or transfer location;
         (10)  Knowingly and without legal justification  and
    by  any  means  causes bodily harm to an individual of 60
    years of age or older;
         (11)  Knows the individual harmed is pregnant;
         (12)  Knows the individual harmed to be a judge whom
    the person intended to harm as a result  of  the  judge's
    performance of his or her official duties as a judge;
         (13)  Knows  the individual harmed to be an employee
    of  the  Illinois  Department  of  Children  and   Family
    Services  engaged  in  the  performance of his authorized
    duties as such employee;
         (14)  Knows the individual harmed to be a person who
    is physically handicapped;
         (15)  Knowingly and without legal justification  and
    by any means causes bodily harm to a merchant who detains
    the  person  for  an  alleged  commission of retail theft
    under Section 16A-5 of this  Code.  In  this  item  (15),
    "merchant"  has  the  meaning  ascribed  to it in Section
    16A-2.4 of this Code;
         (16)  Is, or the person battered is, in any building
    or other structure  used  to  provide  shelter  or  other
    services  to  victims  or  to  the  dependent children of
    victims of domestic violence  pursuant  to  the  Illinois
    Domestic  Violence  Act  of 1986 or the Domestic Violence
    Shelters Act, or the person battered is within  500  feet
    of  such  a building or other structure while going to or
    from such  a  building  or  other  structure.   "Domestic
    violence"  has  the meaning ascribed to it in Section 103
    of the Illinois Domestic Violence Act of 1986.  "Building
    or  other  structure  used  to  provide  shelter" has the
    meaning  ascribed  to  "shelter"  in  Section  1  of  the
    Domestic Violence Shelters Act; or
         (17)  Knows the individual harmed to be an  employee
    of  a  police  or  sheriff's  department  engaged  in the
    performance  of  his  or  her  official  duties  as  such
    employee.
    For the purpose of paragraph (14) of  subsection  (b)  of
this Section, a physically handicapped person is a person who
suffers    from    a   permanent   and   disabling   physical
characteristic, resulting from  disease,  injury,  functional
disorder or congenital condition.
    (c)  A  person who administers to an individual or causes
him to take, without his consent or by threat  or  deception,
and  for  other  than  medical  purposes,  any  intoxicating,
poisonous,  stupefying,  narcotic,  anesthetic, or controlled
substance commits aggravated battery.
    (d)  A person who knowingly gives to another  person  any
food  that  contains any substance or object that is intended
to  cause  physical  injury  if  eaten,  commits   aggravated
battery.
    (d-3)  A person commits aggravated battery when he or she
knowingly  and without lawful justification shines or flashes
a laser gunsight or other laser device that  is  attached  or
affixed  to  a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or  against  the  person  of
another.
    (d-5)  An  inmate  of  a  penal institution or a sexually
dangerous person or a sexually violent person in the  custody
of the Department of Human Services who causes or attempts to
cause  a correctional employee of the penal institution or an
employee of the Department of Human  Services  to  come  into
contact  with  blood,  seminal  fluid,  urine,  or  feces, by
throwing,  tossing,  or  expelling  that  fluid  or  material
commits aggravated battery.  For purposes of this  subsection
(d-5), "correctional employee" means a person who is employed
by a penal institution.
    (e)  Sentence.
    Aggravated   battery  is  a  Class  3  felony,  except  a
violation of subsection (a) is a  Class  2  felony  when  the
person  knows  the  individual  harmed  to be a peace officer
engaged in the execution  of  any  of  his  or  her  official
duties,  or  the  battery  is  to  prevent  the  officer from
performing his or her official duties, or in retaliation  for
the officer performing his or her official duties.
(Source: P.A.  91-357,  eff.  7-29-99;  91-488,  eff. 1-1-00;
91-619,  eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,   eff.
6-28-01;  92-516,  eff. 1-1-02; 92-841, eff. 8-22-02; 92-865,
eff. 1-3-03; revised 1-9-03.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.