Illinois General Assembly - Full Text of Public Act 095-0768

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Public Act 095-0768

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Public Act 0768 95TH GENERAL ASSEMBLY

Public Act 095-0768

SB2159 Enrolled LRB095 14234 RLC 45306 b

    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
Section 12-4.3 as follows:

    (720 ILCS 5/12-4.3)  (from Ch. 38, par. 12-4.3)
    Sec. 12-4.3. Aggravated battery of a child.
    (a) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes great bodily harm or permanent
disability or disfigurement to any child under the age of 13
years or to any severely or profoundly mentally retarded
person, commits the offense of aggravated battery of a child.
    (a-5) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes bodily harm or disability or
disfigurement to any child under the age of 13 years or to any
severely or profoundly mentally retarded person, commits the
offense of aggravated battery of a child.
    (b) Sentence.
    (1) Aggravated battery of a child under subsection (a) of
this Section is a Class X felony, except that:
        (A) ~~(1)~~ if the person committed the offense while armed
    with a firearm, 15 years shall be added to the term of
    imprisonment imposed by the court;
        (B) ~~(2)~~ if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be
    added to the term of imprisonment imposed by the court;
        (C) ~~(3)~~ if, during the commission of the offense, the
    person personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person, 25 years or up
    to a term of natural life shall be added to the term of
    imprisonment imposed by the court.
    (2) Aggravated battery of a child under subsection (a-5) of
this Section is a Class 3 felony.
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
92-434, eff. 1-1-02.)

    Section 99. Effective date. This Act takes effect January
1, 2009.

Effective Date: 1/1/2009

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