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92nd General Assembly

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Public Act 92-0865

HB4179 Re-Enrolled                             LRB9212477RCcd

    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 Sections 12-2 and 12-4 as follows:

    (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
    Sec. 12-2.  Aggravated assault.
    (a)  A  person  commits  an  aggravated assault, when, in
committing an assault, he:
         (1)  Uses a deadly weapon or any device manufactured
    and designed to be substantially similar in appearance to
    a firearm, other than by discharging  a  firearm  in  the
    direction  of  another  person, a peace officer, a person
    summoned or directed by a peace officer,  a  correctional
    officer  or  a  fireman  or in the direction of a vehicle
    occupied by another person, a  peace  officer,  a  person
    summoned  or  directed by a peace officer, a correctional
    officer or a fireman while  the  officer  or  fireman  is
    engaged  in  the execution of any of his official duties,
    or to prevent the officer or fireman from performing  his
    official  duties,  or  in  retaliation for the officer or
    fireman performing his official duties;
         (2)  Is hooded, robed or masked in such manner as to
    conceal his  identity  or  any  device  manufactured  and
    designed  to  be substantially similar in appearance to a
    firearm;
         (3)  Knows the individual assaulted 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   assaulted  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   assaulted  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  employees'  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 assaulted to  be  a  peace
    officer,  or a community policing volunteer, or a fireman
    while the officer or fireman is engaged in the  execution
    of any of his official duties, or to prevent the officer,
    community  policing volunteer, or fireman from performing
    his official duties, or in retaliation for  the  officer,
    community  policing  volunteer, or fireman performing his
    official duties, and the assault is committed other  than
    by  the  discharge  of  a firearm in the direction of the
    officer or fireman or  in  the  direction  of  a  vehicle
    occupied by the officer or fireman;
         (7)  Knows   the   individual  assaulted  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  employed  by  a
    municipality or other governmental unit  engaged  in  the
    execution  of  any  of his 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
    his official duties, or in retaliation for the  emergency
    medical   technician   -   ambulance,  emergency  medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, or other medical  assistance
    or first aid personnel performing his official duties;
         (8)  Knows   the  individual  assaulted  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;
         (9)  Or the individual assaulted is on  or  about  a
    public   way,   public   property,  or  public  place  of
    accommodation or amusement;
         (10)  Knows  the  individual  assaulted  to  be   an
    employee   of   the   State   of  Illinois,  a  municipal
    corporation therein or a political  subdivision  thereof,
    engaged  in  the  performance of his authorized duties as
    such employee;
         (11)  Knowingly  and  without  legal  justification,
    commits an assault on a physically handicapped person;
         (12)  Knowingly  and  without  legal  justification,
    commits an assault on a person 60 years of age or older;
         (13)  Discharges a firearm;
         (14)  Knows  the  individual  assaulted  to   be   a
    correctional officer, while the officer is engaged in the
    execution  of  any  of  his or her official duties, or to
    prevent the officer from performing his or  her  official
    duties,  or in retaliation for the officer performing his
    or her official duties; or
         (15)  Knows  the  individual  assaulted  to   be   a
    correctional  employee,  while the employee is engaged in
    the execution of any of his or her official duties, or to
    prevent the employee from performing his or her  official
    duties, or in retaliation for the employee performing his
    or  her  official  duties,  and  the assault is committed
    other than by the discharge of a firearm in the direction
    of the employee or in the direction of a vehicle occupied
    by the employee; or.
         (16)  Knows  the  individual  assaulted  to  be   an
    employee  of  a police or sheriff's department engaged in
    the performance of his or her  official  duties  as  such
    employee.
    (a-5)  A  person commits an aggravated assault 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  near or in the
immediate vicinity of any person.
    (b)  Sentence.
    Aggravated assault as defined in paragraphs  (1)  through
(5)  and  (8)  (7)  through  (12)  of  subsection (a) of this
Section is a Class  A  misdemeanor.   Aggravated  assault  as
defined  in paragraphs (13), (14), and (15) of subsection (a)
of this Section and as defined in subsection  (a-5)  of  this
Section  is  a Class 4 felony.  Aggravated assault as defined
in paragraphs paragraph (6), (7), and (16) of subsection  (a)
of  this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault.  Aggravated assault as
defined  in  paragraphs  paragraph  (6),  (7),  and  (16)  of
subsection (a) of this Section is  a  Class  4  felony  if  a
firearm is used in the commission of the assault.
(Source: P.A.  90-406,  eff.  8-15-97;  90-651,  eff. 1-1-99;
91-672, eff. 1-1-00.)

    (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, 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; or
         (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 who causes or
attempts to  cause  a  correctional  employee  of  the  penal
institution  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.
(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.)

    Section  99.  Effective  date.   This Act takes effect on
January 1, 2003.
    Passed in the General Assembly May 29, 2002.
    Governor Amendatory Veto August 21, 2002.
    General Assembly Accepts Amendatory Veto December 04, 2002.
    Returned to Governor for Certification December 11, 2002.
    Governor Certifies Changes January 03, 2003.

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