Rep. Frances Ann Hurley

Filed: 4/2/2014

 

 


 

 


 
09800HB4092ham001LRB098 15650 RLC 58087 a

1
AMENDMENT TO HOUSE BILL 4092

2    AMENDMENT NO. ______. Amend House Bill 4092 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-2 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits
13aggravated assault when, in committing an assault, he or she
14knows the individual assaulted to be any of the following:
15        (1) A physically handicapped person or a person 60
16    years of age or older and the assault is without legal

 

 

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1    justification.
2        (2) A teacher or school employee upon school grounds or
3    grounds adjacent to a school or in any part of a building
4    used for school purposes.
5        (3) A park district employee upon park grounds or
6    grounds adjacent to a park or in any part of a building
7    used for park purposes.
8        (4) A peace officer, community policing volunteer,
9    fireman, or private security officer, emergency management
10    worker, emergency medical technician, or utility worker:
11            (i) performing his or her official duties;
12            (ii) assaulted to prevent performance of his or her
13        official duties; or
14            (iii) assaulted in retaliation for performing his
15        or her official duties.
16        (4.5) A community policing volunteer, private security
17    officer, emergency management worker, or utility worker:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or her
20        official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (5) A correctional officer or probation officer:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or her
26        official duties; or

 

 

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1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (6) A correctional institution employee, a county
4    juvenile detention center employee who provides direct and
5    continuous supervision of residents of a juvenile
6    detention center, including a county juvenile detention
7    center employee who supervises recreational activity for
8    residents of a juvenile detention center, or a Department
9    of Human Services employee, Department of Human Services
10    officer, or employee of a subcontractor of the Department
11    of Human Services supervising or controlling sexually
12    dangerous persons or sexually violent persons:
13            (i) performing his or her official duties;
14            (ii) assaulted to prevent performance of his or her
15        official duties; or
16            (iii) assaulted in retaliation for performing his
17        or her official duties.
18        (7) An employee of the State of Illinois, a municipal
19    corporation therein, or a political subdivision thereof,
20    performing his or her official duties.
21        (8) A transit employee performing his or her official
22    duties, or a transit passenger.
23        (9) A sports official or coach actively participating
24    in any level of athletic competition within a sports venue,
25    on an indoor playing field or outdoor playing field, or
26    within the immediate vicinity of such a facility or field.

 

 

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1        (10) A person authorized to serve process under Section
2    2-202 of the Code of Civil Procedure or a special process
3    server appointed by the circuit court, while that
4    individual is in the performance of his or her duties as a
5    process server.
6    (c) Offense based on use of firearm, device, or motor
7vehicle. A person commits aggravated assault when, in
8committing an assault, he or she does any of the following:
9        (1) Uses a deadly weapon, an air rifle as defined in
10    the Air Rifle Act, or any device manufactured and designed
11    to be substantially similar in appearance to a firearm,
12    other than by discharging a firearm.
13        (2) Discharges a firearm, other than from a motor
14    vehicle.
15        (3) Discharges a firearm from a motor vehicle.
16        (4) Wears a hood, robe, or mask to conceal his or her
17    identity.
18        (5) Knowingly and without lawful justification shines
19    or flashes a laser gun sight or other laser device attached
20    to a firearm, or used in concert with a firearm, so that
21    the laser beam strikes near or in the immediate vicinity of
22    any person.
23        (6) Uses a firearm, other than by discharging the
24    firearm, against a peace officer, community policing
25    volunteer, fireman, private security officer, emergency
26    management worker, emergency medical technician, employee

 

 

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1    of a police department, employee of a sheriff's department,
2    or traffic control municipal employee:
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) Without justification operates a motor vehicle in a
9    manner which places a person, other than a person listed in
10    subdivision (b)(4), in reasonable apprehension of being
11    struck by the moving motor vehicle.
12        (8) Without justification operates a motor vehicle in a
13    manner which places a person listed in subdivision (b)(4),
14    in reasonable apprehension of being struck by the moving
15    motor vehicle.
16        (9) Knowingly video or audio records the offense with
17    the intent to disseminate the recording.
18    (d) Sentence. Aggravated assault as defined in subdivision
19(a), (b)(1), (b)(2), (b)(3), (b)(4.5), (b)(4), (b)(7), (b)(8),
20(b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
21except that aggravated assault as defined in subdivision
22(b)(4.5) (b)(4) and (b)(7) is a Class 4 felony if a Category I,
23Category II, or Category III weapon is used in the commission
24of the assault. Aggravated assault as defined in subdivision
25(b)(4), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or
26(c)(7) is a Class 4 felony. Aggravated assault as defined in

 

 

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1subdivision (c)(3) or (c)(8) is a Class 3 felony.
2    (e) For the purposes of this Section, "Category I weapon",
3"Category II weapon, and "Category III weapon" have the
4meanings ascribed to those terms in Section 33A-1 of this Code.
5(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;
697-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.
71-1-14.)".