Full Text of HB4092 98th General Assembly
HB4092ham001 98TH GENERAL ASSEMBLY | Rep. Frances Ann Hurley Filed: 4/2/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4092
| 2 | | AMENDMENT NO. ______. Amend House Bill 4092 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 9 | | aggravated assault when he or she commits an assault against an | 10 | | individual who is on or about a public way, public property, a | 11 | | public place of accommodation or amusement, or a sports venue. | 12 | | (b) Offense based on status of victim. A person commits | 13 | | aggravated assault when, in committing an assault, he or she | 14 | | knows 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 | 7 | | vehicle. A person commits aggravated assault when, in | 8 | | committing 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, | 21 | | except 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, | 23 | | Category II, or Category III weapon is used in the commission | 24 | | of 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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| 1 | | subdivision (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 | 4 | | meanings 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; | 6 | | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | 7 | | 1-1-14.)".
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