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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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