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91_HB2293eng HB2293 Engrossed LRB9104749DJcd 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 12-2 and 12-4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 12-2 and 12-4 as follows: 7 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 8 Sec. 12-2. Aggravated assault. 9 (a) A person commits an aggravated assault, when, in 10 committing an assault, he: 11 (1) Uses a deadly weapon or any device manufactured 12 and designed to be substantially similar in appearance to 13 a firearm, other than by discharging a firearm in the 14 direction of another person, a peace officer, a person 15 summoned or directed by a peace officer, a correctional 16 officer or a fireman or in the direction of a vehicle 17 occupied by another person, a peace officer, a person 18 summoned or directed by a peace officer, a correctional 19 officer or a fireman while the officer or fireman is 20 engaged in the execution of any of his official duties, 21 or to prevent the officer or fireman from performing his 22 official duties, or in retaliation for the officer or 23 fireman performing his official duties; 24 (2) Is hooded, robed or masked in such manner as to 25 conceal his identity or any device manufactured and 26 designed to be substantially similar in appearance to a 27 firearm; 28 (3) Knows the individual assaulted to be a teacher 29 or other person employed in any school and such teacher 30 or other employee is upon the grounds of a school or 31 grounds adjacent thereto, or is in any part of a building HB2293 Engrossed -2- LRB9104749DJcd 1 used for school purposes; 2 (4) Knows the individual assaulted to be a 3 supervisor, director, instructor or other person employed 4 in any park district and such supervisor, director, 5 instructor or other employee is upon the grounds of the 6 park or grounds adjacent thereto, or is in any part of a 7 building used for park purposes; 8 (5) Knows the individual assaulted to be a 9 caseworker, investigator, or other person employed by the 10 State Department of Public Aid, a County Department of 11 Public Aid, or the Department of Human Services (acting 12 as successor to the Illinois Department of Public Aid 13 under the Department of Human Services Act) and such 14 caseworker, investigator, or other person is upon the 15 grounds of a public aid office or grounds adjacent 16 thereto, or is in any part of a building used for public 17 aid purposes, or upon the grounds of a home of a public 18 aid applicant, recipient or any other person being 19 interviewed or investigated in the employees' discharge 20 of his duties, or on grounds adjacent thereto, or is in 21 any part of a building in which the applicant, recipient, 22 or other such person resides or is located; 23 (6) Knows the individual assaulted to be a peace 24 officer, or a community policing volunteer, or a fireman 25 while the officer or fireman is engaged in the execution 26 of any of his official duties, or to prevent the officer, 27 community policing volunteer, or fireman from performing 28 his official duties, or in retaliation for the officer, 29 community policing volunteer, or fireman performing his 30 official duties, and the assault is committed other than 31 by the discharge of a firearm in the direction of the 32 officer or fireman or in the direction of a vehicle 33 occupied by the officer or fireman; 34 (7) Knows the individual assaulted to be an HB2293 Engrossed -3- LRB9104749DJcd 1 emergency medical technician - ambulance, emergency 2 medical technician - intermediate, emergency medical 3 technician - paramedic, ambulance driver or other medical 4 assistance or first aid personnel employed by a 5 municipality or other governmental unit engaged in the 6 execution of any of his official duties, or to prevent 7 the emergency medical technician - ambulance, emergency 8 medical technician - intermediate, emergency medical 9 technician - paramedic, ambulance driver, or other 10 medical assistance or first aid personnel from performing 11 his official duties, or in retaliation for the emergency 12 medical technician - ambulance, emergency medical 13 technician - intermediate, emergency medical technician - 14 paramedic, ambulance driver, or other medical assistance 15 or first aid personnel performing his official duties; 16 (8) Knows the individual assaulted to be the 17 driver, operator, employee or passenger of any 18 transportation facility or system engaged in the business 19 of transportation of the public for hire and the 20 individual assaulted is then performing in such capacity 21 or then using such public transportation as a passenger 22 or using any area of any description designated by the 23 transportation facility or system as a vehicle boarding, 24 departure, or transfer location; 25 (9) Or the individual assaulted is on or about a 26 public way, public property, or public place of 27 accommodation or amusement; 28 (10) Knows the individual assaulted to be an 29 employee of the State of Illinois, a municipal 30 corporation therein or a political subdivision thereof, 31 engaged in the performance of his authorized duties as 32 such employee; 33 (11) Knowingly and without legal justification, 34 commits an assault on a physically handicapped person; HB2293 Engrossed -4- LRB9104749DJcd 1 (12) Knowingly and without legal justification, 2 commits an assault on a person 60 years of age or older; 3 (13) Discharges a firearm; 4 (14) Knows the individual assaulted to be a 5 correctional officer, while the officer is engaged in the 6 execution of any of his or her official duties, or to 7 prevent the officer from performing his or her official 8 duties, or in retaliation for the officer performing his 9 or her official duties;or10 (15) Knows the individual assaulted to be a 11 correctional employee, while the employee is engaged in 12 the execution of any of his or her official duties, or to 13 prevent the employee from performing his or her official 14 duties, or in retaliation for the employee performing his 15 or her official duties, and the assault is committed 16 other than by the discharge of a firearm in the direction 17 of the employee or in the direction of a vehicle occupied 18 by the employee; or.19 (16) Knows the individual assaulted to be a health 20 care worker or other person employed by, or working under 21 contract for, a health care organization or medical 22 practice; and, in addition: 23 (A) is on the grounds of a health care 24 organization or on grounds adjacent to those 25 grounds; or 26 (B) is in any part of a building used for the 27 delivery of health care; or 28 (C) is on the grounds of a home of a person to 29 whom the individual assaulted is providing health 30 care services in the discharge of the individual's 31 employment or contractual duties, or on grounds 32 adjacent to those grounds; or 33 (D) is in any part of a building in which the 34 individual assaulted resides or is located. HB2293 Engrossed -5- LRB9104749DJcd 1 (b) Sentence. 2 Aggravated assault as defined in paragraphs (1) through 3 (5) and (7) through (12) of subsection (a) of this Section is 4 a Class A misdemeanor. Aggravated assault as defined in 5 paragraphs (13), (14),and(15), and (16) of subsection (a) 6 of this Section is a Class 4 felony. Aggravated assault as 7 defined in paragraph (6) of subsection (a) of this Section is 8 a Class A misdemeanor if a firearm is not used in the 9 commission of the assault. Aggravated assault as defined in 10 paragraph (6) of subsection (a) of this Section is a Class 4 11 felony if a firearm is used in the commission of the assault. 12 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 13 90-651, eff. 1-1-99.) 14 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 15 Sec. 12-4. Aggravated Battery. 16 (a) A person who, in committing a battery, intentionally 17 or knowingly causes great bodily harm, or permanent 18 disability or disfigurement commits aggravated battery. 19 (b) In committing a battery, a person commits aggravated 20 battery if he or she: 21 (1) Uses a deadly weapon other than by the 22 discharge of a firearm; 23 (2) Is hooded, robed or masked, in such manner as 24 to conceal his identity; 25 (3) Knows the individual harmed to be a teacher or 26 other person employed in any school and such teacher or 27 other employee is upon the grounds of a school or grounds 28 adjacent thereto, or is in any part of a building used 29 for school purposes; 30 (4) Knows the individual harmed to be a supervisor, 31 director, instructor or other person employed in any park 32 district and such supervisor, director, instructor or 33 other employee is upon the grounds of the park or grounds HB2293 Engrossed -6- LRB9104749DJcd 1 adjacent thereto, or is in any part of a building used 2 for park purposes; 3 (5) Knows the individual harmed to be a caseworker, 4 investigator, or other person employed by the State 5 Department of Public Aid, a County Department of Public 6 Aid, or the Department of Human Services (acting as 7 successor to the Illinois Department of Public Aid under 8 the Department of Human Services Act) and such 9 caseworker, investigator, or other person is upon the 10 grounds of a public aid office or grounds adjacent 11 thereto, or is in any part of a building used for public 12 aid purposes, or upon the grounds of a home of a public 13 aid applicant, recipient, or any other person being 14 interviewed or investigated in the employee's discharge 15 of his duties, or on grounds adjacent thereto, or is in 16 any part of a building in which the applicant, recipient, 17 or other such person resides or is located; 18 (6) Knows the individual harmed to be a peace 19 officer, a community policing volunteer, a correctional 20 institution employee, or a fireman while such officer, 21 volunteer, employee or fireman is engaged in the 22 execution of any official duties including arrest or 23 attempted arrest, or to prevent the officer, volunteer, 24 employee or fireman from performing official duties, or 25 in retaliation for the officer, volunteer, employee or 26 fireman performing official duties, and the battery is 27 committed other than by the discharge of a firearm; 28 (7) Knows the individual harmed to be an emergency 29 medical technician - ambulance, emergency medical 30 technician - intermediate, emergency medical technician - 31 paramedic, ambulance driver or other medical assistance 32 or first aid personnel engaged in the performance of any 33 of his or her official duties, or to prevent the 34 emergency medical technician - ambulance, emergency HB2293 Engrossed -7- LRB9104749DJcd 1 medical technician - intermediate, emergency medical 2 technician - paramedic, ambulance driver, or other 3 medical assistance or first aid personnel from performing 4 official duties, or in retaliation for performing 5 official duties; 6 (8) Is, or the person battered is, on or about a 7 public way, public property or public place of 8 accommodation or amusement; 9 (9) Knows the individual harmed to be the driver, 10 operator, employee or passenger of any transportation 11 facility or system engaged in the business of 12 transportation of the public for hire and the individual 13 assaulted is then performing in such capacity or then 14 using such public transportation as a passenger or using 15 any area of any description designated by the 16 transportation facility or system as a vehicle boarding, 17 departure, or transfer location; 18 (10) Knowingly and without legal justification and 19 by any means causes bodily harm to an individual of 60 20 years of age or older; 21 (11) Knows the individual harmed is pregnant; 22 (12) Knows the individual harmed to be a judge whom 23 the person intended to harm as a result of the judge's 24 performance of his or her official duties as a judge; 25 (13) Knows the individual harmed to be an employee 26 of the Illinois Department of Children and Family 27 Services engaged in the performance of his authorized 28 duties as such employee; 29 (14) Knows the individual harmed to be a person who 30 is physically handicapped;or31 (15) Knowingly and without legal justification and 32 by any means causes bodily harm to a merchant who detains 33 the person for an alleged commission of retail theft 34 under Section 16A-5 of this Code. In this item (15), HB2293 Engrossed -8- LRB9104749DJcd 1 "merchant" has the meaning ascribed to it in Section 2 16A-2.4 of this Code; or.3 (16) Knows the individual harmed to be a health care 4 worker or other person employed by, or working under 5 contract for, a health care organization or medical 6 practice; and, in addition: 7 (A) is on the grounds of a health care 8 organization or on grounds adjacent to those 9 grounds; or 10 (B) is in any part of a building used for the 11 delivery of health care; or 12 (C) is on the grounds of a home of a person to 13 whom the individual harmed is providing health care 14 services in the discharge of the individual's 15 employment or contractual duties, or on grounds 16 adjacent to those grounds; or 17 (D) is in any part of a building in which the 18 individual harmed resides or is located. 19 For the purpose of paragraph (14) of subsection (b) of 20 this Section, a physically handicapped person is a person who 21 suffers from a permanent and disabling physical 22 characteristic, resulting from disease, injury, functional 23 disorder or congenital condition. 24 (c) A person who administers to an individual or causes 25 him to take, without his consent or by threat or deception, 26 and for other than medical purposes, any intoxicating, 27 poisonous, stupefying, narcotic, anesthetic, or controlled 28 substance commits aggravated battery. 29 (d) A person who knowingly gives to another person any 30 food that contains any substance or object that is intended 31 to cause physical injury if eaten, commits aggravated 32 battery. 33 (e) Sentence. 34 Aggravated battery is a Class 3 felony. HB2293 Engrossed -9- LRB9104749DJcd 1 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 2 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)