Public Act 094-0327
 
HB1106 Enrolled LRB094 05976 RXD 36032 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 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 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;
        (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 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. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841,
eff. 8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)

Effective Date: 1/1/2006