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| Public Act 095-0256 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 12-4 as follows:
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(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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Sec. 12-4. Aggravated Battery.
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(a) A person who, in committing a battery, intentionally or | ||||
knowingly
causes great bodily harm, or permanent disability or | ||||
disfigurement commits
aggravated battery.
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(b) In committing a battery, a person commits aggravated | ||||
battery if he or
she:
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(1) Uses a deadly weapon other than by the discharge of | ||||
a firearm;
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(2) Is hooded, robed or masked, in such manner as to | ||||
conceal his
identity;
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(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;
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(4) (Blank);
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(5) (Blank);
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(6) Knows the individual harmed to be a community
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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
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retaliation for the volunteer performing official
duties, | ||
and the battery is committed other than by the discharge of | ||
a firearm;
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(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
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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;
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(8) Is, or the person battered is, on or about a public | ||
way, public
property or public place of accommodation or | ||
amusement;
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(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;
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(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
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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;
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(10) Knows the individual harmed to be an individual of | ||
60 years of age or older;
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(11) Knows the individual harmed is pregnant;
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(12) Knows the individual harmed to be a judge whom the
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person intended to harm as a result of the judge's | ||
performance of his or
her official duties as a judge;
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(13) (Blank);
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(14) Knows the individual harmed to be a person who is | ||
physically
handicapped;
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(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;
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(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
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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
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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;
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(17) (Blank); or
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(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; .
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(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 .
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(20) Knows the individual harmed to be a taxi driver | ||
and the battery is committed while the taxi driver is on | ||
duty.
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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.
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(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.
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(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.
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(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.
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(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),
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"correctional employee" means a person who is employed by a | ||
penal institution.
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(e) Sentence.
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(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
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including arrest or attempted arrest, or to prevent the
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officer, volunteer, employee, or fireman from performing
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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.
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(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
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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.
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(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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