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Public Act 095-0429
Public Act 0429 95TH GENERAL ASSEMBLY
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Public Act 095-0429 |
SB1293 Enrolled |
LRB095 11042 RLC 31362 b |
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| AN ACT concerning 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 | Sections 12-2 and 12-4 as follows:
| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| Sec. 12-2. Aggravated assault.
| (a) A person commits an aggravated assault, when, in | committing an
assault, he:
| (1) Uses a deadly weapon or any device manufactured and | designed to be
substantially similar in appearance to a | firearm, other than by
discharging a firearm in the | direction of another person, a peace
officer, a person | summoned or directed by a peace officer, a correctional
| officer or a fireman or in the direction of a vehicle | occupied by another
person, a peace officer, a person | summoned or directed by a peace officer,
a correctional | officer or a fireman while the officer or fireman is
| engaged in the execution of any of his official duties, or | to prevent the
officer or fireman from performing his | official duties, or in retaliation
for the officer or | fireman performing his official duties;
| (2) Is hooded, robed or masked in such manner as to |
| conceal his
identity or any device manufactured and | designed to be substantially
similar in appearance to a | firearm;
| (3) Knows the individual assaulted 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 assaulted 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 assaulted to be a caseworker, | investigator, or
other person employed by the Department of | Healthcare and Family Services (formerly 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 employees' |
| 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 assaulted to be a peace | officer, or a community
policing volunteer, or a fireman
| while the officer or fireman is engaged in the execution of | any of his
official duties, or to prevent the officer, | community policing volunteer,
or fireman from performing
| his official duties, or in retaliation for the officer, | community policing
volunteer, or fireman
performing his | official duties, and the assault is committed other than by
| the discharge of a firearm in the direction of the officer | or fireman or
in the direction of a vehicle occupied by the | officer or fireman;
| (7) Knows the individual assaulted to be
an emergency | medical technician - ambulance, emergency medical
| technician - intermediate, emergency medical technician - | paramedic, ambulance
driver or other medical
assistance or | first aid personnel engaged in the
execution of any of his | official duties, or to prevent the
emergency medical | technician - ambulance, emergency medical
technician - | intermediate, emergency medical technician - paramedic,
| ambulance driver, or other medical assistance or first aid | personnel from
performing his official duties, or in | retaliation for the
emergency medical technician - | ambulance, emergency medical
technician - intermediate, |
| emergency medical technician - paramedic,
ambulance | driver, or other medical assistance or first aid personnel
| performing his official duties;
| (8) Knows the individual assaulted 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;
| (9) Or the individual assaulted is on or about a public | way, public
property, or public place of accommodation or | amusement;
| (9.5) Is, or the individual assaulted is, in or about a | publicly or privately owned sports or entertainment arena, | stadium, community or convention hall, special event | center, amusement facility, or a special event center in a | public park during any 24-hour period when a professional | sporting event, National Collegiate Athletic Association | (NCAA)-sanctioned sporting event, United States Olympic | Committee-sanctioned sporting event, or International | Olympic Committee-sanctioned sporting event is taking | place in this venue;
| (10) Knows the individual assaulted to be an employee |
| of the State of
Illinois, a municipal corporation therein | or a political subdivision
thereof, engaged in the | performance of his authorized duties as such
employee;
| (11) Knowingly and without legal justification, | commits an assault on
a physically handicapped person;
| (12) Knowingly and without legal justification, | commits an assault on a
person 60 years of age or older;
| (13) Discharges a firearm;
| (14) Knows the individual assaulted to be a | correctional officer, while
the officer is engaged in the | execution of any of his or her official duties,
or to | prevent the officer from performing his or her official | duties, or in
retaliation for the officer performing his or | her official duties;
| (15) Knows the individual assaulted to be a | correctional employee or
an employee of the Department of | Human Services supervising or controlling
sexually | dangerous persons or sexually violent persons, while
the | employee is engaged in the execution of any of his or her | official duties,
or to prevent the employee from performing | his or her official duties, or in
retaliation for the | employee performing his or her official duties, and the
| assault is committed other than by the discharge of a | firearm in the direction
of the employee or in the | direction of a vehicle occupied by the employee;
| (16) Knows the individual assaulted to be an employee |
| of a police or
sheriff's department engaged in the | performance of his or her official duties
as such employee; | or
| (17) Knows the individual assaulted to be a sports | official or coach at any level of competition and the act | causing the assault to the sports official or coach | occurred within an athletic facility or an indoor or | outdoor playing field or within the immediate vicinity of | the athletic facility or an indoor or outdoor playing field | at which the sports official or coach was an active | participant in the athletic contest held at the athletic | facility. For the purposes of this paragraph (17), "sports | official" means a person at an athletic contest who | enforces the rules of the contest, such as an umpire or | referee; and "coach" means a person recognized as a coach | by the sanctioning authority that conducted the athletic | contest ; .
| (18) Knows the individual assaulted to be an emergency | management
worker, while the emergency management worker | is engaged in the execution of
any of his or her official | duties,
or to prevent the emergency management worker from | performing his or her
official duties, or in retaliation | for the emergency management worker
performing his or her | official duties, and the assault is committed other than
by | the discharge of a firearm in the direction of the | emergency management
worker or in the direction of a |
| vehicle occupied by the emergency management
worker ; or
.
| (19) Knows the individual assaulted to be a utility | worker, while the utility worker is engaged in the | execution of his or her duties, or to prevent the utility | worker from performing his or her duties, or in retaliation | for the utility worker performing his or her duties. In | this paragraph (19), "utility worker" means a person | employed by a public utility as defined in Section 3-105 of | the Public Utilities Act and also includes an employee of a | municipally owned utility, an employee of a cable | television company, an employee of an electric
cooperative | as defined in Section 3-119 of the Public Utilities
Act, an | independent contractor or an employee of an independent
| contractor working on behalf of a cable television company, | public utility, municipally
owned utility, or an electric | cooperative, or an employee of a
telecommunications | carrier as defined in Section 13-202 of the
Public | Utilities Act, an independent contractor or an employee of
| an independent contractor working on behalf of a
| telecommunications carrier, or an employee of a telephone | or
telecommunications cooperative as defined in Section | 13-212 of
the Public Utilities Act, or an independent | contractor or an
employee of an independent contractor | working on behalf of a
telephone or telecommunications | cooperative.
| (a-5) A person commits an aggravated assault 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 near or in the immediate vicinity | of
any person.
| (b) Sentence.
| Aggravated assault as defined in paragraphs (1) through (5) | and (8) through
(12) and (17) and (19) of subsection (a) of | this Section is a Class A misdemeanor. Aggravated
assault as | defined in paragraphs (13), (14), and (15) of subsection (a) of | this
Section and as defined in subsection (a-5) of this Section | is a Class 4
felony. Aggravated assault as defined in | paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | Section is a Class A misdemeanor if a firearm is not
used in | the commission of the assault. Aggravated assault as defined in
| paragraphs (6), (7), (16), and (18) of subsection (a) of this
| Section is a Class 4 felony if a firearm is used in the | commission of the
assault.
| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | eff. 1-1-06; revised 12-15-05.)
| (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) (Blank);
| (5) (Blank);
| (6) Knows the individual harmed to be a community
| policing volunteer while
such volunteer is engaged in the | execution of
any official duties, or to prevent the | volunteer from performing official duties, or in
| retaliation for the volunteer 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 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 | 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;
| (8.5) Is, or the person battered is, on a publicly or | privately owned sports or entertainment arena, stadium, | community or convention hall, special event center, | amusement facility, or a special event center in a public | park during any 24-hour period when a professional sporting | event, National Collegiate Athletic Association | (NCAA)-sanctioned sporting event, United States Olympic | Committee-sanctioned sporting event, or International | Olympic Committee-sanctioned sporting event is taking | place in this venue;
| (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) Knows the individual harmed to be 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) (Blank);
| (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;
| (17) (Blank); or
| (18) Knows the individual harmed to be an officer or | employee of the State of Illinois, a unit of local | government, or school district engaged in the performance | of his or her authorized duties as such officer or | employee ; .
| (19)
(18) Knows the individual harmed to be an | emergency management worker
engaged in the performance of | any of his or her official duties, or to prevent
the | emergency management worker from performing official | duties, or in
retaliation for the emergency management | worker performing official duties ; or .
| (20) Knows the individual harmed to be a utility | worker, while the utility worker is engaged in the | execution of his or her duties, or to prevent the utility | worker from performing his or her duties, or in retaliation | for the utility worker performing his or her duties. In | this paragraph (20), "utility worker" means a person | employed by a public utility as defined in Section 3-105 of | the Public Utilities Act and also includes an employee of a | municipally owned utility, an employee of a cable | television company, an employee of an electric
cooperative |
| as defined in Section 3-119 of the Public Utilities
Act, an | independent contractor or an employee of an independent
| contractor working on behalf of a cable television company, | public utility, municipally
owned utility, or an electric | cooperative, or an employee of a
telecommunications | carrier as defined in Section 13-202 of the
Public | Utilities Act, an independent contractor or an employee of
| an independent contractor working on behalf of a
| telecommunications carrier, or an employee of a telephone | or
telecommunications cooperative as defined in Section | 13-212 of
the Public Utilities Act, or an independent | contractor or an
employee of an independent contractor | working on behalf of a
telephone or telecommunications | cooperative.
| 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.
| (1) Except as otherwise provided in paragraphs (2) and | (3), aggravated battery is a Class 3 felony. | (2) Aggravated battery that does not cause great bodily | harm or permanent disability or disfigurement is a Class 2 | felony when the person 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.
| (3) Aggravated battery that causes great bodily harm or | permanent disability or disfigurement in
violation of | subsection (a)
is a Class 1 felony when the person 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 .
| (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; |
| 94-482, eff. 1-1-06; revised 8-19-05.)
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Effective Date: 1/1/2008
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