HB4995 EngrossedLRB097 16800 RLC 61980 b

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 Humane Care for Animals Act is amended by
5changing Section 4.03 as follows:
 
6    (510 ILCS 70/4.03)  (from Ch. 8, par. 704.03)
7    Sec. 4.03. Teasing, striking or tampering with police
8animals, service animals, accelerant detection dogs, or search
9and rescue dogs prohibited. It shall be unlawful for any person
10to willfully and maliciously taunt, torment, tease, beat,
11strike, or administer or subject any desensitizing drugs,
12chemicals, or substance to (i) any animal used by a law
13enforcement officer in the performance of his or her functions
14or duties, or when placed in confinement off duty, (ii) any
15service animal, (iii) any search and rescue dog, (iv) any
16police, service, or search and rescue animal in training, or
17(v) any accelerant detection canine used by a fire officer for
18arson investigations in the performance of his or her functions
19or while off duty. It is unlawful for any person to interfere
20or meddle with (i) any animal used by a law enforcement
21department or agency or any handler thereof in the performance
22of the functions or duties of the department or agency, (ii)
23any service animal, (iii) any search and rescue dog, (iv) any

 

 

HB4995 Engrossed- 2 -LRB097 16800 RLC 61980 b

1law enforcement, service, or search and rescue animal in
2training, or (v) any accelerant detection canine used by a fire
3officer for arson investigations in the performance of his or
4her functions or while off duty.
5    Any person convicted of violating this Section is guilty of
6a Class 4 felony A misdemeanor. A second or subsequent
7violation is a Class 3 4 felony.
8(Source: P.A. 96-1171, eff. 7-22-10.)
 
9    Section 10. The Criminal Code of 1961 is amended by
10changing Sections 12-2 and 12-3.05 as follows:
 
11    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
12    Sec. 12-2. Aggravated assault.
13    (a) Offense based on location of conduct. A person commits
14aggravated assault when he or she commits an assault against an
15individual who is on or about a public way, public property, a
16public place of accommodation or amusement, or a sports venue.
17    (b) Offense based on status of victim. A person commits
18aggravated assault when, in committing an assault, he or she
19knows the individual assaulted to be any of the following:
20        (1) A physically handicapped person or a person 60
21    years of age or older and the assault is without legal
22    justification.
23        (2) A teacher or school employee upon school grounds or
24    grounds adjacent to a school or in any part of a building

 

 

HB4995 Engrossed- 3 -LRB097 16800 RLC 61980 b

1    used for school purposes.
2        (3) A park district employee upon park grounds or
3    grounds adjacent to a park or in any part of a building
4    used for park purposes.
5        (4) A peace officer, community policing volunteer,
6    fireman, private security officer, emergency management
7    worker, emergency medical technician, or utility worker:
8            (i) performing his or her official duties;
9            (ii) assaulted to prevent performance of his or her
10        official duties; or
11            (iii) assaulted in retaliation for performing his
12        or her official duties.
13        (5) A correctional officer or probation officer:
14            (i) performing his or her official duties;
15            (ii) assaulted to prevent performance of his or her
16        official duties; or
17            (iii) assaulted in retaliation for performing his
18        or her official duties.
19        (6) A correctional institution employee, a county
20    juvenile detention center employee who provides direct and
21    continuous supervision of residents of a juvenile
22    detention center, including a county juvenile detention
23    center employee who supervises recreational activity for
24    residents of a juvenile detention center, or a Department
25    of Human Services employee, Department of Human Services
26    officer, or employee of a subcontractor of the Department

 

 

HB4995 Engrossed- 4 -LRB097 16800 RLC 61980 b

1    of Human Services supervising or controlling sexually
2    dangerous persons or sexually violent persons:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (7) An employee of the State of Illinois, a municipal
9    corporation therein, or a political subdivision thereof,
10    performing his or her official duties.
11        (8) A transit employee performing his or her official
12    duties, or a transit passenger.
13        (9) A sports official or coach actively participating
14    in any level of athletic competition within a sports venue,
15    on an indoor playing field or outdoor playing field, or
16    within the immediate vicinity of such a facility or field.
17        (10) A person authorized to serve process under Section
18    2-202 of the Code of Civil Procedure or a special process
19    server appointed by the circuit court, while that
20    individual is in the performance of his or her duties as a
21    process server.
22    (c) Offense based on use of firearm, device, or motor
23vehicle. A person commits aggravated assault when, in
24committing an assault, he or she does any of the following:
25        (1) Uses a deadly weapon, an air rifle as defined in
26    the Air Rifle Act, or any device manufactured and designed

 

 

HB4995 Engrossed- 5 -LRB097 16800 RLC 61980 b

1    to be substantially similar in appearance to a firearm,
2    other than by discharging a firearm.
3        (2) Discharges a firearm, other than from a motor
4    vehicle.
5        (3) Discharges a firearm from a motor vehicle.
6        (4) Wears a hood, robe, or mask to conceal his or her
7    identity.
8        (5) Knowingly and without lawful justification shines
9    or flashes a laser gun sight or other laser device attached
10    to a firearm, or used in concert with a firearm, so that
11    the laser beam strikes near or in the immediate vicinity of
12    any person.
13        (6) Uses a firearm, other than by discharging the
14    firearm, against a peace officer, community policing
15    volunteer, fireman, private security officer, emergency
16    management worker, emergency medical technician, employee
17    of a police department, employee of a sheriff's department,
18    or traffic control municipal employee:
19            (i) performing his or her official duties;
20            (ii) assaulted to prevent performance of his or her
21        official duties; or
22            (iii) assaulted in retaliation for performing his
23        or her official duties.
24        (7) Without justification operates a motor vehicle in a
25    manner which places a person, other than a person listed in
26    subdivision (b)(4), in reasonable apprehension of being

 

 

HB4995 Engrossed- 6 -LRB097 16800 RLC 61980 b

1    struck by the moving motor vehicle.
2        (8) Without justification operates a motor vehicle in a
3    manner which places a person listed in subdivision (b)(4),
4    in reasonable apprehension of being struck by the moving
5    motor vehicle.
6    (d) Sentence. Aggravated assault as defined in subdivision
7(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
8(c)(1), or (c)(4) is a Class A misdemeanor, except that
9aggravated assault as defined in subdivision (b)(4) and (b)(7)
10is a Class 4 felony if a Category I, Category II, or Category
11III weapon is used in the commission of the assault. Aggravated
12assault as defined in subdivision (b)(1), (b)(5), (b)(6),
13(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
14Aggravated assault as defined in subdivision (c)(3) or (c)(8)
15is a Class 3 felony.
16    (e) For the purposes of this Section, "Category I weapon",
17"Category II weapon, and "Category III weapon" have the
18meanings ascribed to those terms in Section 33A-1 of this Code.
19an employee of a county juvenile detention center who provides
20direct and continuous supervision of residents of a juvenile
21detention center, including an employee of a county juvenile
22detention center who supervises recreational activity for
23residents of a juvenile detention center,
24; or
25        (20) Knows the individual assaulted to be either:
26            (A) a person authorized to serve process under

 

 

HB4995 Engrossed- 7 -LRB097 16800 RLC 61980 b

1        Section 2-202 of the Code of Civil Procedure; or
2            (B) a special process server appointed by the
3        circuit court;
4    while that individual is in the performance of his or her
5    duties as a process server.
6, and (20)
7(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10;
896-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff.
97-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff.
108-12-11; revised 9-12-11.)
 
11    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
12    Sec. 12-3.05. Aggravated battery.
13    (a) Offense based on injury. A person commits aggravated
14battery when, in committing a battery, other than by the
15discharge of a firearm, he or she knowingly does any of the
16following:
17        (1) Causes great bodily harm or permanent disability or
18    disfigurement.
19        (2) Causes severe and permanent disability, great
20    bodily harm, or disfigurement by means of a caustic or
21    flammable substance, a poisonous gas, a deadly biological
22    or chemical contaminant or agent, a radioactive substance,
23    or a bomb or explosive compound.
24        (3) Causes great bodily harm or permanent disability or
25    disfigurement to an individual whom the person knows to be

 

 

HB4995 Engrossed- 8 -LRB097 16800 RLC 61980 b

1    a peace officer, community policing volunteer, fireman,
2    private security officer, correctional institution
3    employee, or Department of Human Services employee
4    supervising or controlling sexually dangerous persons or
5    sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (4) Causes great bodily harm or permanent disability or
12    disfigurement to an individual 60 years of age or older.
13        (5) Strangles another individual.
14    (b) Offense based on injury to a child or intellectually
15disabled mentally retarded person. A person who is at least 18
16years of age commits aggravated battery when, in committing a
17battery, he or she knowingly and without legal justification by
18any means:
19        (1) causes great bodily harm or permanent disability or
20    disfigurement to any child under the age of 13 years, or to
21    any severely or profoundly intellectually disabled
22    mentally retarded person; or
23        (2) causes bodily harm or disability or disfigurement
24    to any child under the age of 13 years or to any severely
25    or profoundly intellectually disabled mentally retarded
26    person.

 

 

HB4995 Engrossed- 9 -LRB097 16800 RLC 61980 b

1    (c) Offense based on location of conduct. A person commits
2aggravated battery when, in committing a battery, other than by
3the discharge of a firearm, he or she is or the person battered
4is on or about a public way, public property, a public place of
5accommodation or amusement, a sports venue, or a domestic
6violence shelter.
7    (d) Offense based on status of victim. A person commits
8aggravated battery when, in committing a battery, other than by
9discharge of a firearm, he or she knows the individual battered
10to be any of the following:
11        (1) A person 60 years of age or older.
12        (2) A person who is pregnant or physically handicapped.
13        (3) A teacher or school employee upon school grounds or
14    grounds adjacent to a school or in any part of a building
15    used for school purposes.
16        (4) A peace officer, community policing volunteer,
17    fireman, private security officer, correctional
18    institution employee, or Department of Human Services
19    employee supervising or controlling sexually dangerous
20    persons or sexually violent persons:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (5) A judge, emergency management worker, emergency

 

 

HB4995 Engrossed- 10 -LRB097 16800 RLC 61980 b

1    medical technician, or utility worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (6) An officer or employee of the State of Illinois, a
8    unit of local government, or a school district, while
9    performing his or her official duties.
10        (7) A transit employee performing his or her official
11    duties, or a transit passenger.
12        (8) A taxi driver on duty.
13        (9) A merchant who detains the person for an alleged
14    commission of retail theft under Section 16-26 of this Code
15    and the person without legal justification by any means
16    causes bodily harm to the merchant.
17        (10) A person authorized to serve process under Section
18    2-202 of the Code of Civil Procedure or a special process
19    server appointed by the circuit court while that individual
20    is in the performance of his or her duties as a process
21    server.
22    (e) Offense based on use of a firearm. A person commits
23aggravated battery when, in committing a battery, he or she
24knowingly does any of the following:
25        (1) Discharges a firearm, other than a machine gun or a
26    firearm equipped with a silencer, and causes any injury to

 

 

HB4995 Engrossed- 11 -LRB097 16800 RLC 61980 b

1    another person.
2        (2) Discharges a firearm, other than a machine gun or a
3    firearm equipped with a silencer, and causes any injury to
4    a person he or she knows to be a peace officer, community
5    policing volunteer, person summoned by a police officer,
6    fireman, private security officer, correctional
7    institution employee, or emergency management worker:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (3) Discharges a firearm, other than a machine gun or a
14    firearm equipped with a silencer, and causes any injury to
15    a person he or she knows to be an emergency medical
16    technician employed by a municipality or other
17    governmental unit:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (4) Discharges a firearm and causes any injury to a
24    person he or she knows to be a teacher, a student in a
25    school, or a school employee, and the teacher, student, or
26    employee is upon school grounds or grounds adjacent to a

 

 

HB4995 Engrossed- 12 -LRB097 16800 RLC 61980 b

1    school or in any part of a building used for school
2    purposes.
3        (5) Discharges a machine gun or a firearm equipped with
4    a silencer, and causes any injury to another person.
5        (6) Discharges a machine gun or a firearm equipped with
6    a silencer, and causes any injury to a person he or she
7    knows to be a peace officer, community policing volunteer,
8    person summoned by a police officer, fireman, private
9    security officer, correctional institution employee or
10    emergency management worker:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (7) Discharges a machine gun or a firearm equipped with
17    a silencer, and causes any injury to a person he or she
18    knows to be an emergency medical technician employed by a
19    municipality or other governmental unit:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (8) Discharges a machine gun or a firearm equipped with
26    a silencer, and causes any injury to a person he or she

 

 

HB4995 Engrossed- 13 -LRB097 16800 RLC 61980 b

1    knows to be a teacher, or a student in a school, or a
2    school employee, and the teacher, student, or employee is
3    upon school grounds or grounds adjacent to a school or in
4    any part of a building used for school purposes.
5    (f) Offense based on use of a weapon or device. A person
6commits aggravated battery when, in committing a battery, he or
7she does any of the following:
8        (1) Uses a deadly weapon other than by discharge of a
9    firearm, or uses an air rifle as defined in the Air Rifle
10    Act.
11        (2) Wears a hood, robe, or mask to conceal his or her
12    identity.
13        (3) Knowingly and without lawful justification shines
14    or flashes a laser gunsight or other laser device attached
15    to a firearm, or used in concert with a firearm, so that
16    the laser beam strikes upon or against the person of
17    another.
18    (g) Offense based on certain conduct. A person commits
19aggravated battery when, other than by discharge of a firearm,
20he or she does any of the following:
21        (1) Violates Section 401 of the Illinois Controlled
22    Substances Act by unlawfully delivering a controlled
23    substance to another and any user experiences great bodily
24    harm or permanent disability as a result of the injection,
25    inhalation, or ingestion of any amount of the controlled
26    substance.

 

 

HB4995 Engrossed- 14 -LRB097 16800 RLC 61980 b

1        (2) Knowingly administers to an individual or causes
2    him or her to take, without his or her consent or by threat
3    or deception, and for other than medical purposes, any
4    intoxicating, poisonous, stupefying, narcotic, anesthetic,
5    or controlled substance, or gives to another person any
6    food containing any substance or object intended to cause
7    physical injury if eaten.
8        (3) Knowingly causes or attempts to cause a
9    correctional institution employee or Department of Human
10    Services employee to come into contact with blood, seminal
11    fluid, urine, or feces by throwing, tossing, or expelling
12    the fluid or material, and the person is an inmate of a
13    penal institution or is a sexually dangerous person or
14    sexually violent person in the custody of the Department of
15    Human Services.
16    (h) Sentence. Unless otherwise provided, aggravated
17battery is a Class 3 felony.
18    Aggravated battery as defined in subdivision (a)(4),
19(d)(2), (d)(4), or (g)(3) is a Class 2 felony.
20    Aggravated battery as defined in subdivision (a)(3) or
21(g)(1) is a Class 1 felony.
22    Aggravated battery as defined in subdivision (a)(1) is a
23Class 1 felony when the aggravated battery was intentional and
24involved the infliction of torture, as defined in paragraph
25(14) of subsection (b) of Section 9-1 of this Code, as the
26infliction of or subjection to extreme physical pain, motivated

 

 

HB4995 Engrossed- 15 -LRB097 16800 RLC 61980 b

1by an intent to increase or prolong the pain, suffering, or
2agony of the victim.
3    Aggravated battery under subdivision (a)(5) is a Class 1
4felony if:
5        (A) the person used or attempted to use a dangerous
6    instrument while committing the offense; or
7        (B) the person caused great bodily harm or permanent
8    disability or disfigurement to the other person while
9    committing the offense; or
10        (C) the person has been previously convicted of a
11    violation of subdivision (a)(5) under the laws of this
12    State or laws similar to subdivision (a)(5) of any other
13    state.
14    Aggravated battery as defined in subdivision (e)(1) is a
15Class X felony.
16    Aggravated battery as defined in subdivision (a)(2) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 6 years and a maximum of 45
19years.
20    Aggravated battery as defined in subdivision (e)(5) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 12 years and a maximum of 45
23years.
24    Aggravated battery as defined in subdivision (e)(2),
25(e)(3), or (e)(4) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 15 years

 

 

HB4995 Engrossed- 16 -LRB097 16800 RLC 61980 b

1and a maximum of 60 years.
2    Aggravated battery as defined in subdivision (e)(6),
3(e)(7), or (e)(8) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 20 years
5and a maximum of 60 years.
6    Aggravated battery as defined in subdivision (b)(1) is a
7Class X felony, except that:
8        (1) if the person committed the offense while armed
9    with a firearm, 15 years shall be added to the term of
10    imprisonment imposed by the court;
11        (2) if, during the commission of the offense, the
12    person personally discharged a firearm, 20 years shall be
13    added to the term of imprisonment imposed by the court;
14        (3) if, during the commission of the offense, the
15    person personally discharged a firearm that proximately
16    caused great bodily harm, permanent disability, permanent
17    disfigurement, or death to another person, 25 years or up
18    to a term of natural life shall be added to the term of
19    imprisonment imposed by the court.
20    (i) Definitions. For the purposes of this Section:
21    "Building or other structure used to provide shelter" has
22the meaning ascribed to "shelter" in Section 1 of the Domestic
23Violence Shelters Act.
24    "Domestic violence" has the meaning ascribed to it in
25Section 103 of the Illinois Domestic Violence Act of 1986.
26    "Domestic violence shelter" means any building or other

 

 

HB4995 Engrossed- 17 -LRB097 16800 RLC 61980 b

1structure used to provide shelter or other services to victims
2or to the dependent children of victims of domestic violence
3pursuant to the Illinois Domestic Violence Act of 1986 or the
4Domestic Violence Shelters Act, or any place within 500 feet of
5such a building or other structure in the case of a person who
6is going to or from such a building or other structure.
7    "Firearm" has the meaning provided under Section 1.1 of the
8Firearm Owners Identification Card Act, and does not include an
9air rifle as defined by Section 1 of the Air Rifle Act.
10    "Machine gun" has the meaning ascribed to it in Section
1124-1 of this Code.
12    "Merchant" has the meaning ascribed to it in Section 16-0.1
13of this Code.
14    "Strangle" means intentionally impeding the normal
15breathing or circulation of the blood of an individual by
16applying pressure on the throat or neck of that individual or
17by blocking the nose or mouth of that individual.
18(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1996-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
201-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
21and 97-467, eff. 1-1-12; revised 10-12-11.)