97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0233

 

Introduced 01/25/11, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-4

    Amends the Criminal Code of 1961. Provides that aggravated battery that causes great bodily harm or permanent disability or disfigurement is a Class X felony when the aggravated battery was intentional and involved the infliction of torture as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 12-4 as follows:
 
6    (720 ILCS 5/12-4)
7    Sec. 12-4. Aggravated Battery.
8    (a) A person who, in committing a battery, intentionally or
9knowingly causes great bodily harm, or permanent disability or
10disfigurement commits aggravated battery.
11    (b) In committing a battery, a person commits aggravated
12battery if he or she:
13        (1) Uses a deadly weapon other than by the discharge of
14    a firearm, or uses an air rifle as defined in the Air Rifle
15    Act;
16        (2) Is hooded, robed or masked, in such manner as to
17    conceal his identity;
18        (3) Knows the individual harmed to be a teacher or
19    other person employed in any school and such teacher or
20    other employee is upon the grounds of a school or grounds
21    adjacent thereto, or is in any part of a building used for
22    school purposes;
23        (4) (Blank);

 

 

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1        (5) (Blank);
2        (6) Knows the individual harmed to be a community
3    policing volunteer while such volunteer is engaged in the
4    execution of any official duties, or to prevent the
5    volunteer from performing official duties, or in
6    retaliation for the volunteer performing official duties,
7    and the battery is committed other than by the discharge of
8    a firearm;
9        (7) Knows the individual harmed to be an emergency
10    medical technician - ambulance, emergency medical
11    technician - intermediate, emergency medical technician -
12    paramedic, ambulance driver, other medical assistance,
13    first aid personnel, or hospital personnel engaged in the
14    performance of any of his or her official duties, or to
15    prevent the emergency medical technician - ambulance,
16    emergency medical technician - intermediate, emergency
17    medical technician - paramedic, ambulance driver, other
18    medical assistance, first aid personnel, or hospital
19    personnel from performing official duties, or in
20    retaliation for performing official duties;
21        (8) Is, or the person battered is, on or about a public
22    way, public property or public place of accommodation or
23    amusement;
24        (8.5) Is, or the person battered is, on a publicly or
25    privately owned sports or entertainment arena, stadium,
26    community or convention hall, special event center,

 

 

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1    amusement facility, or a special event center in a public
2    park during any 24-hour period when a professional sporting
3    event, National Collegiate Athletic Association
4    (NCAA)-sanctioned sporting event, United States Olympic
5    Committee-sanctioned sporting event, or International
6    Olympic Committee-sanctioned sporting event is taking
7    place in this venue;
8        (9) Knows the individual harmed to be the driver,
9    operator, employee or passenger of any transportation
10    facility or system engaged in the business of
11    transportation of the public for hire and the individual
12    assaulted is then performing in such capacity or then using
13    such public transportation as a passenger or using any area
14    of any description designated by the transportation
15    facility or system as a vehicle boarding, departure, or
16    transfer location;
17        (10) Knows the individual harmed to be an individual of
18    60 years of age or older;
19        (11) Knows the individual harmed is pregnant;
20        (12) Knows the individual harmed to be a judge whom the
21    person intended to harm as a result of the judge's
22    performance of his or her official duties as a judge;
23        (13) (Blank);
24        (14) Knows the individual harmed to be a person who is
25    physically handicapped;
26        (15) Knowingly and without legal justification and by

 

 

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1    any means causes bodily harm to a merchant who detains the
2    person for an alleged commission of retail theft under
3    Section 16A-5 of this Code. In this item (15), "merchant"
4    has the meaning ascribed to it in Section 16A-2.4 of this
5    Code;
6        (16) Is, or the person battered is, in any building or
7    other structure used to provide shelter or other services
8    to victims or to the dependent children of victims of
9    domestic violence pursuant to the Illinois Domestic
10    Violence Act of 1986 or the Domestic Violence Shelters Act,
11    or the person battered is within 500 feet of such a
12    building or other structure while going to or from such a
13    building or other structure. "Domestic violence" has the
14    meaning ascribed to it in Section 103 of the Illinois
15    Domestic Violence Act of 1986. "Building or other structure
16    used to provide shelter" has the meaning ascribed to
17    "shelter" in Section 1 of the Domestic Violence Shelters
18    Act;
19        (17) (Blank);
20        (18) Knows the individual harmed to be an officer or
21    employee of the State of Illinois, a unit of local
22    government, or school district engaged in the performance
23    of his or her authorized duties as such officer or
24    employee;
25        (19) Knows the individual harmed to be an emergency
26    management worker engaged in the performance of any of his

 

 

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1    or her official duties, or to prevent the emergency
2    management worker from performing official duties, or in
3    retaliation for the emergency management worker performing
4    official duties;
5        (20) Knows the individual harmed to be a private
6    security officer engaged in the performance of any of his
7    or her official duties, or to prevent the private security
8    officer from performing official duties, or in retaliation
9    for the private security officer performing official
10    duties; or
11        (21) Knows the individual harmed to be a taxi driver
12    and the battery is committed while the taxi driver is on
13    duty; or
14        (22) Knows the individual harmed to be a utility
15    worker, while the utility worker is engaged in the
16    execution of his or her duties, or to prevent the utility
17    worker from performing his or her duties, or in retaliation
18    for the utility worker performing his or her duties. In
19    this paragraph (22), "utility worker" means a person
20    employed by a public utility as defined in Section 3-105 of
21    the Public Utilities Act and also includes an employee of a
22    municipally owned utility, an employee of a cable
23    television company, an employee of an electric cooperative
24    as defined in Section 3-119 of the Public Utilities Act, an
25    independent contractor or an employee of an independent
26    contractor working on behalf of a cable television company,

 

 

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1    public utility, municipally owned utility, or an electric
2    cooperative, or an employee of a telecommunications
3    carrier as defined in Section 13-202 of the Public
4    Utilities Act, an independent contractor or an employee of
5    an independent contractor working on behalf of a
6    telecommunications carrier, or an employee of a telephone
7    or telecommunications cooperative as defined in Section
8    13-212 of the Public Utilities Act, or an independent
9    contractor or an employee of an independent contractor
10    working on behalf of a telephone or telecommunications
11    cooperative.
12    For the purpose of paragraph (14) of subsection (b) of this
13Section, a physically handicapped person is a person who
14suffers from a permanent and disabling physical
15characteristic, resulting from disease, injury, functional
16disorder or congenital condition.
17    For the purpose of paragraph (20) of subsection (b) and
18subsection (e) of this Section, "private security officer"
19means a registered employee of a private security contractor
20agency under the Private Detective, Private Alarm, Private
21Security, Fingerprint Vendor, and Locksmith Act of 2004.
22    (c) A person who administers to an individual or causes him
23to take, without his consent or by threat or deception, and for
24other than medical purposes, any intoxicating, poisonous,
25stupefying, narcotic, anesthetic, or controlled substance
26commits aggravated battery.

 

 

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1    (d) A person who knowingly gives to another person any food
2that contains any substance or object that is intended to cause
3physical injury if eaten, commits aggravated battery.
4    (d-3) A person commits aggravated battery when he or she
5knowingly and without lawful justification shines or flashes a
6laser gunsight or other laser device that is attached or
7affixed to a firearm, or used in concert with a firearm, so
8that the laser beam strikes upon or against the person of
9another.
10    (d-5) An inmate of a penal institution or a sexually
11dangerous person or a sexually violent person in the custody of
12the Department of Human Services who causes or attempts to
13cause a correctional employee of the penal institution or an
14employee of the Department of Human Services to come into
15contact with blood, seminal fluid, urine, or feces, by
16throwing, tossing, or expelling that fluid or material commits
17aggravated battery. For purposes of this subsection (d-5),
18"correctional employee" means a person who is employed by a
19penal institution.
20    (d-6) A person commits aggravated battery when he or she,
21in committing a battery, strangles another individual. For the
22purposes of this subsection (d-6), "strangle" means
23intentionally impeding the normal breathing or circulation of
24the blood of an individual by applying pressure on the throat
25or neck of that individual or by blocking the nose or mouth of
26that individual.

 

 

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1    (e) Sentence.
2        (1) Except as otherwise provided in paragraphs (2),
3    (3), (4), and (5), and (5.5), aggravated battery is a Class
4    3 felony.
5        (2) Aggravated battery that does not cause great bodily
6    harm or permanent disability or disfigurement is a Class 2
7    felony when the person knows the individual harmed to be a
8    peace officer, a community policing volunteer, a private
9    security officer, a correctional institution employee, an
10    employee of the Department of Human Services supervising or
11    controlling sexually dangerous persons or sexually violent
12    persons, or a fireman while such officer, volunteer,
13    employee, or fireman is engaged in the execution of any
14    official duties including arrest or attempted arrest, or to
15    prevent the officer, volunteer, employee, or fireman from
16    performing official duties, or in retaliation for the
17    officer, volunteer, employee, or fireman performing
18    official duties, and the battery is committed other than by
19    the discharge of a firearm.
20        (3) Aggravated battery that causes great bodily harm or
21    permanent disability or disfigurement in violation of
22    subsection (a) is a Class 1 felony when the person knows
23    the individual harmed to be a peace officer, a community
24    policing volunteer, a private security officer, a
25    correctional institution employee, an employee of the
26    Department of Human Services supervising or controlling

 

 

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1    sexually dangerous persons or sexually violent persons, or
2    a fireman while such officer, volunteer, employee, or
3    fireman is engaged in the execution of any official duties
4    including arrest or attempted arrest, or to prevent the
5    officer, volunteer, employee, or fireman from performing
6    official duties, or in retaliation for the officer,
7    volunteer, employee, or fireman performing official
8    duties, and the battery is committed other than by the
9    discharge of a firearm.
10        (4) Aggravated battery under subsection (d-5) is a
11    Class 2 felony.
12        (5) Aggravated battery under subsection (d-6) is a
13    Class 1 felony if:
14            (A) the person used or attempted to use a dangerous
15        instrument while committing the offense; or
16            (B) the person caused great bodily harm or
17        permanent disability or disfigurement to the other
18        person while committing the offense; or
19            (C) the person has been previously convicted of a
20        violation of subsection (d-6) under the laws of this
21        State or laws similar to subsection (d-6) of any other
22        state.
23        (5.5) Aggravated battery that causes great bodily harm
24    or permanent disability or disfigurement in violation of
25    subsection (a) is a Class X felony when the aggravated
26    battery was intentional and involved the infliction of

 

 

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1    torture, as defined in paragraph (14) of subsection (b) of
2    Section 9-1 of this Code, as the infliction of or
3    subjection to extreme physical pain, motivated by an intent
4    to increase or prolong the pain, suffering, or agony of the
5    victim.
6        (6) For purposes of this subsection (e), the term
7    "firearm" shall have the meaning provided under Section 1.1
8    of the Firearms Owners Identification Card Act, and shall
9    not include an air rifle as defined by Section 1 of the Air
10    Rifle Act.
11(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
12eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
13eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1496-1000, eff. 7-2-10.)