97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3623

 

Introduced 2/10/2012, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3605/28b  from Ch. 111 2/3, par. 328b
625 ILCS 5/6-106.1
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/36-1  from Ch. 38, par. 36-1

    Amends the Metropolitan Transit Authority Act, the Illinois Vehicle Code, and the Criminal Code of 1961. Provides that, except when greater penalties are imposed in the aggravated battery statute, aggravated battery that causes permanent disability or disfigurement is a Class 2 (rather than a Class 3) felony. Effective immediately.


LRB097 18990 RLC 65672 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3623LRB097 18990 RLC 65672 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 Metropolitan Transit Authority Act is
5amended by changing Section 28b as follows:
 
6    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
7    Sec. 28b. Any person applying for a position as a driver of
8a vehicle owned by a private carrier company which provides
9public transportation pursuant to an agreement with the
10Authority shall be required to authorize an investigation by
11the private carrier company to determine if the applicant has
12been convicted of any of the following offenses: (i) those
13offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1410-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1511-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1611-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
1812-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
1912-16, 12-16.1, 18-1, 18-2, 20-1, 20-1.1, 31A-1, 31A-1.1, and
2033A-2, in subsection (a) and subsection (b), clause (1), of
21Section 12-4, in subdivisions (a)(1), (a)(1.5), (b)(1), and
22(f)(1) of Section 12-3.05, and in subsection (a-5) of Section
2312-3.1 of the Criminal Code of 1961; (ii) those offenses

 

 

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1defined in the Cannabis Control Act except those offenses
2defined in subsections (a) and (b) of Section 4, and subsection
3(a) of Section 5 of the Cannabis Control Act (iii) those
4offenses defined in the Illinois Controlled Substances Act;
5(iv) those offenses defined in the Methamphetamine Control and
6Community Protection Act; and (v) any offense committed or
7attempted in any other state or against the laws of the United
8States, which if committed or attempted in this State would be
9punishable as one or more of the foregoing offenses. Upon
10receipt of this authorization, the private carrier company
11shall submit the applicant's name, sex, race, date of birth,
12fingerprints and social security number to the Department of
13State Police on forms prescribed by the Department. The
14Department of State Police shall conduct an investigation to
15ascertain if the applicant has been convicted of any of the
16above enumerated offenses. The Department shall charge the
17private carrier company a fee for conducting the investigation,
18which fee shall be deposited in the State Police Services Fund
19and shall not exceed the cost of the inquiry; and the applicant
20shall not be charged a fee for such investigation by the
21private carrier company. The Department of State Police shall
22furnish, pursuant to positive identification, records of
23convictions, until expunged, to the private carrier company
24which requested the investigation. A copy of the record of
25convictions obtained from the Department shall be provided to
26the applicant. Any record of conviction received by the private

 

 

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1carrier company shall be confidential. Any person who releases
2any confidential information concerning any criminal
3convictions of an applicant shall be guilty of a Class A
4misdemeanor, unless authorized by this Section.
5(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
696-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.)
 
7    Section 10. The Illinois Vehicle Code is amended by
8changing Section 6-106.1 as follows:
 
9    (625 ILCS 5/6-106.1)
10    Sec. 6-106.1. School bus driver permit.
11    (a) The Secretary of State shall issue a school bus driver
12permit to those applicants who have met all the requirements of
13the application and screening process under this Section to
14insure the welfare and safety of children who are transported
15on school buses throughout the State of Illinois. Applicants
16shall obtain the proper application required by the Secretary
17of State from their prospective or current employer and submit
18the completed application to the prospective or current
19employer along with the necessary fingerprint submission as
20required by the Department of State Police to conduct
21fingerprint based criminal background checks on current and
22future information available in the state system and current
23information available through the Federal Bureau of
24Investigation's system. Applicants who have completed the

 

 

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1fingerprinting requirements shall not be subjected to the
2fingerprinting process when applying for subsequent permits or
3submitting proof of successful completion of the annual
4refresher course. Individuals who on the effective date of this
5Act possess a valid school bus driver permit that has been
6previously issued by the appropriate Regional School
7Superintendent are not subject to the fingerprinting
8provisions of this Section as long as the permit remains valid
9and does not lapse. The applicant shall be required to pay all
10related application and fingerprinting fees as established by
11rule including, but not limited to, the amounts established by
12the Department of State Police and the Federal Bureau of
13Investigation to process fingerprint based criminal background
14investigations. All fees paid for fingerprint processing
15services under this Section shall be deposited into the State
16Police Services Fund for the cost incurred in processing the
17fingerprint based criminal background investigations. All
18other fees paid under this Section shall be deposited into the
19Road Fund for the purpose of defraying the costs of the
20Secretary of State in administering this Section. All
21applicants must:
22        1. be 21 years of age or older;
23        2. possess a valid and properly classified driver's
24    license issued by the Secretary of State;
25        3. possess a valid driver's license, which has not been
26    revoked, suspended, or canceled for 3 years immediately

 

 

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1    prior to the date of application, or have not had his or
2    her commercial motor vehicle driving privileges
3    disqualified within the 3 years immediately prior to the
4    date of application;
5        4. successfully pass a written test, administered by
6    the Secretary of State, on school bus operation, school bus
7    safety, and special traffic laws relating to school buses
8    and submit to a review of the applicant's driving habits by
9    the Secretary of State at the time the written test is
10    given;
11        5. demonstrate ability to exercise reasonable care in
12    the operation of school buses in accordance with rules
13    promulgated by the Secretary of State;
14        6. demonstrate physical fitness to operate school
15    buses by submitting the results of a medical examination,
16    including tests for drug use for each applicant not subject
17    to such testing pursuant to federal law, conducted by a
18    licensed physician, an advanced practice nurse who has a
19    written collaborative agreement with a collaborating
20    physician which authorizes him or her to perform medical
21    examinations, or a physician assistant who has been
22    delegated the performance of medical examinations by his or
23    her supervising physician within 90 days of the date of
24    application according to standards promulgated by the
25    Secretary of State;
26        7. affirm under penalties of perjury that he or she has

 

 

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1    not made a false statement or knowingly concealed a
2    material fact in any application for permit;
3        8. have completed an initial classroom course,
4    including first aid procedures, in school bus driver safety
5    as promulgated by the Secretary of State; and after
6    satisfactory completion of said initial course an annual
7    refresher course; such courses and the agency or
8    organization conducting such courses shall be approved by
9    the Secretary of State; failure to complete the annual
10    refresher course, shall result in cancellation of the
11    permit until such course is completed;
12        9. not have been under an order of court supervision
13    for or convicted of 2 or more serious traffic offenses, as
14    defined by rule, within one year prior to the date of
15    application that may endanger the life or safety of any of
16    the driver's passengers within the duration of the permit
17    period;
18        10. not have been under an order of court supervision
19    for or convicted of reckless driving, aggravated reckless
20    driving, driving while under the influence of alcohol,
21    other drug or drugs, intoxicating compound or compounds or
22    any combination thereof, or reckless homicide resulting
23    from the operation of a motor vehicle within 3 years of the
24    date of application;
25        11. not have been convicted of committing or attempting
26    to commit any one or more of the following offenses: (i)

 

 

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1    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
2    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
3    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
5    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
6    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
7    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
8    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
9    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
10    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
11    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
13    16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
14    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
15    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1,
16    33A-2, and 33D-1, and in subsection (b) of Section 8-1, and
17    in subdivisions (a)(1), (a)(1.5), (a)(2), (b)(1), (e)(1),
18    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
19    in subsection (a) and subsection (b), clause (1), of
20    Section 12-4, and in subsection (A), clauses (a) and (b),
21    of Section 24-3, and those offenses contained in Article
22    29D of the Criminal Code of 1961; (ii) those offenses
23    defined in the Cannabis Control Act except those offenses
24    defined in subsections (a) and (b) of Section 4, and
25    subsection (a) of Section 5 of the Cannabis Control Act;
26    (iii) those offenses defined in the Illinois Controlled

 

 

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1    Substances Act; (iv) those offenses defined in the
2    Methamphetamine Control and Community Protection Act; (v)
3    any offense committed or attempted in any other state or
4    against the laws of the United States, which if committed
5    or attempted in this State would be punishable as one or
6    more of the foregoing offenses; (vi) the offenses defined
7    in Section 4.1 and 5.1 of the Wrongs to Children Act or
8    Section 11-9.1A of the Criminal Code of 1961; (vii) those
9    offenses defined in Section 6-16 of the Liquor Control Act
10    of 1934; and (viii) those offenses defined in the
11    Methamphetamine Precursor Control Act;
12        12. not have been repeatedly involved as a driver in
13    motor vehicle collisions or been repeatedly convicted of
14    offenses against laws and ordinances regulating the
15    movement of traffic, to a degree which indicates lack of
16    ability to exercise ordinary and reasonable care in the
17    safe operation of a motor vehicle or disrespect for the
18    traffic laws and the safety of other persons upon the
19    highway;
20        13. not have, through the unlawful operation of a motor
21    vehicle, caused an accident resulting in the death of any
22    person;
23        14. not have, within the last 5 years, been adjudged to
24    be afflicted with or suffering from any mental disability
25    or disease; and
26        15. consent, in writing, to the release of results of

 

 

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1    reasonable suspicion drug and alcohol testing under
2    Section 6-106.1c of this Code by the employer of the
3    applicant to the Secretary of State.
4    (b) A school bus driver permit shall be valid for a period
5specified by the Secretary of State as set forth by rule. It
6shall be renewable upon compliance with subsection (a) of this
7Section.
8    (c) A school bus driver permit shall contain the holder's
9driver's license number, legal name, residence address, zip
10code, and date of birth, a brief description of the holder and
11a space for signature. The Secretary of State may require a
12suitable photograph of the holder.
13    (d) The employer shall be responsible for conducting a
14pre-employment interview with prospective school bus driver
15candidates, distributing school bus driver applications and
16medical forms to be completed by the applicant, and submitting
17the applicant's fingerprint cards to the Department of State
18Police that are required for the criminal background
19investigations. The employer shall certify in writing to the
20Secretary of State that all pre-employment conditions have been
21successfully completed including the successful completion of
22an Illinois specific criminal background investigation through
23the Department of State Police and the submission of necessary
24fingerprints to the Federal Bureau of Investigation for
25criminal history information available through the Federal
26Bureau of Investigation system. The applicant shall present the

 

 

SB3623- 10 -LRB097 18990 RLC 65672 b

1certification to the Secretary of State at the time of
2submitting the school bus driver permit application.
3    (e) Permits shall initially be provisional upon receiving
4certification from the employer that all pre-employment
5conditions have been successfully completed, and upon
6successful completion of all training and examination
7requirements for the classification of the vehicle to be
8operated, the Secretary of State shall provisionally issue a
9School Bus Driver Permit. The permit shall remain in a
10provisional status pending the completion of the Federal Bureau
11of Investigation's criminal background investigation based
12upon fingerprinting specimens submitted to the Federal Bureau
13of Investigation by the Department of State Police. The Federal
14Bureau of Investigation shall report the findings directly to
15the Secretary of State. The Secretary of State shall remove the
16bus driver permit from provisional status upon the applicant's
17successful completion of the Federal Bureau of Investigation's
18criminal background investigation.
19    (f) A school bus driver permit holder shall notify the
20employer and the Secretary of State if he or she is issued an
21order of court supervision for or convicted in another state of
22an offense that would make him or her ineligible for a permit
23under subsection (a) of this Section. The written notification
24shall be made within 5 days of the entry of the order of court
25supervision or conviction. Failure of the permit holder to
26provide the notification is punishable as a petty offense for a

 

 

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1first violation and a Class B misdemeanor for a second or
2subsequent violation.
3    (g) Cancellation; suspension; notice and procedure.
4        (1) The Secretary of State shall cancel a school bus
5    driver permit of an applicant whose criminal background
6    investigation discloses that he or she is not in compliance
7    with the provisions of subsection (a) of this Section.
8        (2) The Secretary of State shall cancel a school bus
9    driver permit when he or she receives notice that the
10    permit holder fails to comply with any provision of this
11    Section or any rule promulgated for the administration of
12    this Section.
13        (3) The Secretary of State shall cancel a school bus
14    driver permit if the permit holder's restricted commercial
15    or commercial driving privileges are withdrawn or
16    otherwise invalidated.
17        (4) The Secretary of State may not issue a school bus
18    driver permit for a period of 3 years to an applicant who
19    fails to obtain a negative result on a drug test as
20    required in item 6 of subsection (a) of this Section or
21    under federal law.
22        (5) The Secretary of State shall forthwith suspend a
23    school bus driver permit for a period of 3 years upon
24    receiving notice that the holder has failed to obtain a
25    negative result on a drug test as required in item 6 of
26    subsection (a) of this Section or under federal law.

 

 

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1        (6) The Secretary of State shall suspend a school bus
2    driver permit for a period of 3 years upon receiving notice
3    from the employer that the holder failed to perform the
4    inspection procedure set forth in subsection (a) or (b) of
5    Section 12-816 of this Code.
6        (7) The Secretary of State shall suspend a school bus
7    driver permit for a period of 3 years upon receiving notice
8    from the employer that the holder refused to submit to an
9    alcohol or drug test as required by Section 6-106.1c or has
10    submitted to a test required by that Section which
11    disclosed an alcohol concentration of more than 0.00 or
12    disclosed a positive result on a National Institute on Drug
13    Abuse five-drug panel, utilizing federal standards set
14    forth in 49 CFR 40.87.
15    The Secretary of State shall notify the State
16Superintendent of Education and the permit holder's
17prospective or current employer that the applicant has (1) has
18failed a criminal background investigation or (2) is no longer
19eligible for a school bus driver permit; and of the related
20cancellation of the applicant's provisional school bus driver
21permit. The cancellation shall remain in effect pending the
22outcome of a hearing pursuant to Section 2-118 of this Code.
23The scope of the hearing shall be limited to the issuance
24criteria contained in subsection (a) of this Section. A
25petition requesting a hearing shall be submitted to the
26Secretary of State and shall contain the reason the individual

 

 

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1feels he or she is entitled to a school bus driver permit. The
2permit holder's employer shall notify in writing to the
3Secretary of State that the employer has certified the removal
4of the offending school bus driver from service prior to the
5start of that school bus driver's next workshift. An employing
6school board that fails to remove the offending school bus
7driver from service is subject to the penalties defined in
8Section 3-14.23 of the School Code. A school bus contractor who
9violates a provision of this Section is subject to the
10penalties defined in Section 6-106.11.
11    All valid school bus driver permits issued under this
12Section prior to January 1, 1995, shall remain effective until
13their expiration date unless otherwise invalidated.
14    (h) When a school bus driver permit holder who is a service
15member is called to active duty, the employer of the permit
16holder shall notify the Secretary of State, within 30 days of
17notification from the permit holder, that the permit holder has
18been called to active duty. Upon notification pursuant to this
19subsection, (i) the Secretary of State shall characterize the
20permit as inactive until a permit holder renews the permit as
21provided in subsection (i) of this Section, and (ii) if a
22permit holder fails to comply with the requirements of this
23Section while called to active duty, the Secretary of State
24shall not characterize the permit as invalid.
25    (i) A school bus driver permit holder who is a service
26member returning from active duty must, within 90 days, renew a

 

 

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1permit characterized as inactive pursuant to subsection (h) of
2this Section by complying with the renewal requirements of
3subsection (b) of this Section.
4    (j) For purposes of subsections (h) and (i) of this
5Section:
6    "Active duty" means active duty pursuant to an executive
7order of the President of the United States, an act of the
8Congress of the United States, or an order of the Governor.
9    "Service member" means a member of the Armed Services or
10reserve forces of the United States or a member of the Illinois
11National Guard.
12(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1396-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
147-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
15Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
1697-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
171-1-12; revised 9-15-11.)
 
18    Section 15. The Criminal Code of 1961 is amended by
19changing Sections 12-3.05 and 36-1 as follows:
 
20    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
21    Sec. 12-3.05. Aggravated battery.
22    (a) Offense based on injury. A person commits aggravated
23battery when, in committing a battery, other than by the
24discharge of a firearm, he or she knowingly does any of the

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability or
3    disfigurement.
4        (1.5) Causes permanent disability or disfigurement.
5        (2) Causes severe and permanent disability, great
6    bodily harm, or disfigurement by means of a caustic or
7    flammable substance, a poisonous gas, a deadly biological
8    or chemical contaminant or agent, a radioactive substance,
9    or a bomb or explosive compound.
10        (3) Causes great bodily harm or permanent disability or
11    disfigurement to an individual whom the person knows to be
12    a peace officer, community policing volunteer, fireman,
13    private security officer, correctional institution
14    employee, or Department of Human Services employee
15    supervising or controlling sexually dangerous persons or
16    sexually violent persons:
17            (i) performing his or her official duties;
18            (ii) battered to prevent performance of his or her
19        official duties; or
20            (iii) battered in retaliation for performing his
21        or her official duties.
22        (4) Causes great bodily harm or permanent disability or
23    disfigurement to an individual 60 years of age or older.
24        (5) Strangles another individual.
25    (b) Offense based on injury to a child or intellectually
26disabled mentally retarded person. A person who is at least 18

 

 

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1years of age commits aggravated battery when, in committing a
2battery, he or she knowingly and without legal justification by
3any means:
4        (1) causes great bodily harm or permanent disability or
5    disfigurement to any child under the age of 13 years, or to
6    any severely or profoundly intellectually disabled
7    mentally retarded person; or
8        (2) causes bodily harm or disability or disfigurement
9    to any child under the age of 13 years or to any severely
10    or profoundly intellectually disabled mentally retarded
11    person.
12    (c) Offense based on location of conduct. A person commits
13aggravated battery when, in committing a battery, other than by
14the discharge of a firearm, he or she is or the person battered
15is on or about a public way, public property, a public place of
16accommodation or amusement, a sports venue, or a domestic
17violence shelter.
18    (d) Offense based on status of victim. A person commits
19aggravated battery when, in committing a battery, other than by
20discharge of a firearm, he or she knows the individual battered
21to be any of the following:
22        (1) A person 60 years of age or older.
23        (2) A person who is pregnant or physically handicapped.
24        (3) A teacher or school employee upon school grounds or
25    grounds adjacent to a school or in any part of a building
26    used for school purposes.

 

 

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1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, correctional
3    institution employee, or Department of Human Services
4    employee supervising or controlling sexually dangerous
5    persons or 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        (5) A judge, emergency management worker, emergency
12    medical technician, or utility worker:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (6) An officer or employee of the State of Illinois, a
19    unit of local government, or a school district, while
20    performing his or her official duties.
21        (7) A transit employee performing his or her official
22    duties, or a transit passenger.
23        (8) A taxi driver on duty.
24        (9) A merchant who detains the person for an alleged
25    commission of retail theft under Section 16-26 of this Code
26    and the person without legal justification by any means

 

 

SB3623- 18 -LRB097 18990 RLC 65672 b

1    causes bodily harm to the merchant.
2        (10) A person authorized to serve process under Section
3    2-202 of the Code of Civil Procedure or a special process
4    server appointed by the circuit court while that individual
5    is in the performance of his or her duties as a process
6    server.
7    (e) Offense based on use of a firearm. A person commits
8aggravated battery when, in committing a battery, he or she
9knowingly does any of the following:
10        (1) Discharges a firearm, other than a machine gun or a
11    firearm equipped with a silencer, and causes any injury to
12    another person.
13        (2) 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 a peace officer, community
16    policing volunteer, person summoned by a police officer,
17    fireman, private security officer, correctional
18    institution employee, or emergency management worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (3) Discharges a firearm, other than a machine gun or a
25    firearm equipped with a silencer, and causes any injury to
26    a person he or she knows to be an emergency medical

 

 

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

 

 

SB3623- 20 -LRB097 18990 RLC 65672 b

1        (7) Discharges a machine gun or a firearm equipped with
2    a silencer, and causes any injury to a person he or she
3    knows to be an emergency medical technician employed by a
4    municipality or other governmental unit:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (8) Discharges a machine gun or a firearm equipped with
11    a silencer, and causes any injury to a person he or she
12    knows to be a teacher, or a student in a school, or a
13    school employee, and the teacher, student, or employee is
14    upon school grounds or grounds adjacent to a school or in
15    any part of a building used for school purposes.
16    (f) Offense based on use of a weapon or device. A person
17commits aggravated battery when, in committing a battery, he or
18she does any of the following:
19        (1) Uses a deadly weapon other than by discharge of a
20    firearm, or uses an air rifle as defined in the Air Rifle
21    Act.
22        (2) Wears a hood, robe, or mask to conceal his or her
23    identity.
24        (3) Knowingly and without lawful justification shines
25    or flashes a laser gunsight or other laser device attached
26    to a firearm, or used in concert with a firearm, so that

 

 

SB3623- 21 -LRB097 18990 RLC 65672 b

1    the laser beam strikes upon or against the person of
2    another.
3    (g) Offense based on certain conduct. A person commits
4aggravated battery when, other than by discharge of a firearm,
5he or she does any of the following:
6        (1) Violates Section 401 of the Illinois Controlled
7    Substances Act by unlawfully delivering a controlled
8    substance to another and any user experiences great bodily
9    harm or permanent disability as a result of the injection,
10    inhalation, or ingestion of any amount of the controlled
11    substance.
12        (2) Knowingly administers to an individual or causes
13    him or her to take, without his or her consent or by threat
14    or deception, and for other than medical purposes, any
15    intoxicating, poisonous, stupefying, narcotic, anesthetic,
16    or controlled substance, or gives to another person any
17    food containing any substance or object intended to cause
18    physical injury if eaten.
19        (3) Knowingly causes or attempts to cause a
20    correctional institution employee or Department of Human
21    Services employee to come into contact with blood, seminal
22    fluid, urine, or feces by throwing, tossing, or expelling
23    the fluid or material, and the person is an inmate of a
24    penal institution or is a sexually dangerous person or
25    sexually violent person in the custody of the Department of
26    Human Services.

 

 

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1    (h) Sentence. Unless otherwise provided, aggravated
2battery is a Class 3 felony.
3    Aggravated battery as defined in subdivision (a)(1.5),
4(a)(4), (d)(4), or (g)(3) is a Class 2 felony.
5    Aggravated battery as defined in subdivision (a)(3) or
6(g)(1) is a Class 1 felony.
7    Aggravated battery as defined in subdivision (a)(1) is a
8Class 1 felony when the aggravated battery was intentional and
9involved the infliction of torture, as defined in paragraph
10(14) of subsection (b) of Section 9-1 of this Code, as the
11infliction of or subjection to extreme physical pain, motivated
12by an intent to increase or prolong the pain, suffering, or
13agony of the victim.
14    Aggravated battery under subdivision (a)(5) is a Class 1
15felony if:
16        (A) the person used or attempted to use a dangerous
17    instrument while committing the offense; or
18        (B) the person caused great bodily harm or permanent
19    disability or disfigurement to the other person while
20    committing the offense; or
21        (C) the person has been previously convicted of a
22    violation of subdivision (a)(5) under the laws of this
23    State or laws similar to subdivision (a)(5) of any other
24    state.
25    Aggravated battery as defined in subdivision (e)(1) is a
26Class X felony.

 

 

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1    Aggravated battery as defined in subdivision (a)(2) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 6 years and a maximum of 45
4years.
5    Aggravated battery as defined in subdivision (e)(5) is a
6Class X felony for which a person shall be sentenced to a term
7of imprisonment of a minimum of 12 years and a maximum of 45
8years.
9    Aggravated battery as defined in subdivision (e)(2),
10(e)(3), or (e)(4) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 15 years
12and a maximum of 60 years.
13    Aggravated battery as defined in subdivision (e)(6),
14(e)(7), or (e)(8) is a Class X felony for which a person shall
15be sentenced to a term of imprisonment of a minimum of 20 years
16and a maximum of 60 years.
17    Aggravated battery as defined in subdivision (b)(1) is a
18Class X felony, except that:
19        (1) if the person committed the offense while armed
20    with a firearm, 15 years shall be added to the term of
21    imprisonment imposed by the court;
22        (2) if, during the commission of the offense, the
23    person personally discharged a firearm, 20 years shall be
24    added to the term of imprisonment imposed by the court;
25        (3) if, during the commission of the offense, the
26    person personally discharged a firearm that proximately

 

 

SB3623- 24 -LRB097 18990 RLC 65672 b

1    caused great bodily harm, permanent disability, permanent
2    disfigurement, or death to another person, 25 years or up
3    to a term of natural life shall be added to the term of
4    imprisonment imposed by the court.
5    (i) Definitions. For the purposes of this Section:
6    "Building or other structure used to provide shelter" has
7the meaning ascribed to "shelter" in Section 1 of the Domestic
8Violence Shelters Act.
9    "Domestic violence" has the meaning ascribed to it in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    "Domestic violence shelter" means any building or other
12structure used to provide shelter or other services to victims
13or to the dependent children of victims of domestic violence
14pursuant to the Illinois Domestic Violence Act of 1986 or the
15Domestic Violence Shelters Act, or any place within 500 feet of
16such a building or other structure in the case of a person who
17is going to or from such a building or other structure.
18    "Firearm" has the meaning provided under Section 1.1 of the
19Firearm Owners Identification Card Act, and does not include an
20air rifle as defined by Section 1 of the Air Rifle Act.
21    "Machine gun" has the meaning ascribed to it in Section
2224-1 of this Code.
23    "Merchant" has the meaning ascribed to it in Section 16-0.1
24of this Code.
25    "Strangle" means intentionally impeding the normal
26breathing or circulation of the blood of an individual by

 

 

SB3623- 25 -LRB097 18990 RLC 65672 b

1applying pressure on the throat or neck of that individual or
2by blocking the nose or mouth of that individual.
3(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
496-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
51-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
6and 97-467, eff. 1-1-12; revised 10-12-11.)
 
7    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
8    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
9with the knowledge and consent of the owner in the commission
10of, or in the attempt to commit as defined in Section 8-4 of
11this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
1211-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
13place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1411-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
1512-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
16precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
1720-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,
18subdivision (a)(1), (a)(1.5), (a)(2), (a)(4), (b)(1), (e)(1),
19(e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section
2012-3.05, paragraph (a) of Section 12-4 of this Code, paragraph
21(a) of Section 11-1.50, paragraph (a) of Section 12-15,
22paragraph (a), (c), or (d) of Section 11-1.60, or paragraphs
23(a), (c) or (d) of Section 12-16 of this Code, or paragraph
24(a)(6) or (a)(7) of Section 24-1 of this Code; (b) Section 21,
2522, 23, 24 or 26 of the Cigarette Tax Act if the vessel,

 

 

SB3623- 26 -LRB097 18990 RLC 65672 b

1vehicle or aircraft contains more than 10 cartons of such
2cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax
3Act if the vessel, vehicle or aircraft contains more than 10
4cartons of such cigarettes; (d) Section 44 of the Environmental
5Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; (f)
6(1) driving under the influence of alcohol or other drug or
7drugs, intoxicating compound or compounds or any combination
8thereof under Section 11-501 of the Illinois Vehicle Code
9during a period in which his or her driving privileges are
10revoked or suspended where the revocation or suspension was for
11driving under the influence of alcohol or other drug or drugs,
12intoxicating compound or compounds or any combination thereof,
13Section 11-501.1, paragraph (b) of Section 11-401, or for
14reckless homicide as defined in Section 9-3 of the Criminal
15Code of 1961; (2) driving while under the influence of alcohol,
16other drug or drugs, intoxicating compound or compounds or any
17combination thereof and has been previously convicted of
18reckless homicide or a similar provision of a law of another
19state relating to reckless homicide in which the person was
20determined to have been under the influence of alcohol, other
21drug or drugs, or intoxicating compound or compounds as an
22element of the offense or the person has previously been
23convicted of committing a violation of driving under the
24influence of alcohol or other drug or drugs, intoxicating
25compound or compounds or any combination thereof and was
26involved in a motor vehicle accident that resulted in death,

 

 

SB3623- 27 -LRB097 18990 RLC 65672 b

1great bodily harm, or permanent disability or disfigurement to
2another, when the violation was a proximate cause of the death
3or injuries; (3) the person committed a violation of driving
4under the influence of alcohol or other drug or drugs,
5intoxicating compound or compounds or any combination thereof
6under Section 11-501 of the Illinois Vehicle Code or a similar
7provision for the third or subsequent time; (4) the person
8committed the violation while he or she did not possess a
9driver's license or permit or a restricted driving permit or a
10judicial driving permit or a monitoring device driving permit;
11or (5) the person committed the violation while he or she knew
12or should have known that the vehicle he or she was driving was
13not covered by a liability insurance policy; (g) an offense
14described in subsection (g) of Section 6-303 of the Illinois
15Vehicle Code; or (h) an offense described in subsection (e) of
16Section 6-101 of the Illinois Vehicle Code; may be seized and
17delivered forthwith to the sheriff of the county of seizure.
18    Within 15 days after such delivery the sheriff shall give
19notice of seizure to each person according to the following
20method: Upon each such person whose right, title or interest is
21of record in the office of the Secretary of State, the
22Secretary of Transportation, the Administrator of the Federal
23Aviation Agency, or any other Department of this State, or any
24other state of the United States if such vessel, vehicle or
25aircraft is required to be so registered, as the case may be,
26by mailing a copy of the notice by certified mail to the

 

 

SB3623- 28 -LRB097 18990 RLC 65672 b

1address as given upon the records of the Secretary of State,
2the Department of Aeronautics, Department of Public Works and
3Buildings or any other Department of this State or the United
4States if such vessel, vehicle or aircraft is required to be so
5registered. Within that 15 day period the sheriff shall also
6notify the State's Attorney of the county of seizure about the
7seizure.
8    In addition, any mobile or portable equipment used in the
9commission of an act which is in violation of Section 7g of the
10Metropolitan Water Reclamation District Act shall be subject to
11seizure and forfeiture under the same procedures provided in
12this Article for the seizure and forfeiture of vessels,
13vehicles and aircraft, and any such equipment shall be deemed a
14vessel, vehicle or aircraft for purposes of this Article.
15    When a person discharges a firearm at another individual
16from a vehicle with the knowledge and consent of the owner of
17the vehicle and with the intent to cause death or great bodily
18harm to that individual and as a result causes death or great
19bodily harm to that individual, the vehicle shall be subject to
20seizure and forfeiture under the same procedures provided in
21this Article for the seizure and forfeiture of vehicles used in
22violations of clauses (a), (b), (c), or (d) of this Section.
23    If the spouse of the owner of a vehicle seized for an
24offense described in subsection (g) of Section 6-303 of the
25Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
26(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

 

 

SB3623- 29 -LRB097 18990 RLC 65672 b

111-501 of the Illinois Vehicle Code, or Section 9-3 of this
2Code makes a showing that the seized vehicle is the only source
3of transportation and it is determined that the financial
4hardship to the family as a result of the seizure outweighs the
5benefit to the State from the seizure, the vehicle may be
6forfeited to the spouse or family member and the title to the
7vehicle shall be transferred to the spouse or family member who
8is properly licensed and who requires the use of the vehicle
9for employment or family transportation purposes. A written
10declaration of forfeiture of a vehicle under this Section shall
11be sufficient cause for the title to be transferred to the
12spouse or family member. The provisions of this paragraph shall
13apply only to one forfeiture per vehicle. If the vehicle is the
14subject of a subsequent forfeiture proceeding by virtue of a
15subsequent conviction of either spouse or the family member,
16the spouse or family member to whom the vehicle was forfeited
17under the first forfeiture proceeding may not utilize the
18provisions of this paragraph in another forfeiture proceeding.
19If the owner of the vehicle seized owns more than one vehicle,
20the procedure set out in this paragraph may be used for only
21one vehicle.
22    Property declared contraband under Section 40 of the
23Illinois Streetgang Terrorism Omnibus Prevention Act may be
24seized and forfeited under this Article.
25(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
2696-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.

 

 

SB3623- 30 -LRB097 18990 RLC 65672 b

11-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551,
2Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11;
3revised 9-14-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.