Public Act 90-0115 of the 90th General Assembly

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Public Act 90-0115

HB1548 Enrolled                                LRB9005087NTsb

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 12-4.

    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)
    (Text of Section before amendment by P.A. 89-507)
    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 or a County Department of Public
    Aid 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  person  summoned  and  directed  by  a  peace
    officer,   a  correctional  institution  employee,  or  a
    fireman  while  such  officer,  employee  or  fireman  is
    engaged in the execution of any official duties including
    arrest or attempted arrest, or to  prevent  the  officer,
    employee  or  fireman from performing official duties, or
    in retaliation  for  the  officer,  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 or other  medical  assistance
    or  first aid 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,  or  other
    medical assistance or first aid 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; or
         (14)  Knows the individual harmed to be a person who
    is physically handicapped.
    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  or  anesthetic   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.
    (e)  Sentence.
    Aggravated battery is a Class 3 felony.
(Source: P.A. 87-921; 87-1083; 88-45; 88-433.)

    (Text of Section after amendment by P.A. 89-507)
    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  person  summoned  and  directed  by  a peace
    officer,  a  correctional  institution  employee,  or   a
    fireman  while  such  officer,  employee  or  fireman  is
    engaged in the execution of any official duties including
    arrest  or  attempted  arrest, or to prevent the officer,
    employee or fireman from performing official  duties,  or
    in  retaliation  for  the  officer,  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 or other medical assistance
    or first aid 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,  or   other
    medical assistance or first aid 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; or
         (14)  Knows the individual harmed to be a person who
    is physically handicapped; or.
         (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.
    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  or  anesthetic  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.
    (e)  Sentence.
    Aggravated battery is a Class 3 felony.
(Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

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