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.