[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB3989eng HB3989 Engrossed LRB9111681RCpk 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 12-2 and 36-1 and adding Section 12-4.11. 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 36-1 and adding Section 12-4.11 as 7 follows: 8 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 9 Sec. 12-2. Aggravated assault. 10 (a) A person commits an aggravated assault, when, in 11 committing an assault, he: 12 (1) Uses a deadly weapon or any device manufactured 13 and designed to be substantially similar in appearance to 14 a firearm, other than by discharging a firearm in the 15 direction of another person, a peace officer, a person 16 summoned or directed by a peace officer, a correctional 17 officer or a fireman or in the direction of a vehicle 18 occupied by another person, a peace officer, a person 19 summoned or directed by a peace officer, a correctional 20 officer or a fireman while the officer or fireman is 21 engaged in the execution of any of his official duties, 22 or to prevent the officer or fireman from performing his 23 official duties, or in retaliation for the officer or 24 fireman performing his official duties; 25 (2) Is hooded, robed or masked in such manner as to 26 conceal his identity or any device manufactured and 27 designed to be substantially similar in appearance to a 28 firearm; 29 (3) Knows the individual assaulted to be a teacher 30 or other person employed in any school and such teacher 31 or other employee is upon the grounds of a school or HB3989 Engrossed -2- LRB9111681RCpk 1 grounds adjacent thereto, or is in any part of a building 2 used for school purposes; 3 (4) Knows the individual assaulted to be a 4 supervisor, director, instructor or other person employed 5 in any park district and such supervisor, director, 6 instructor or other employee is upon the grounds of the 7 park or grounds adjacent thereto, or is in any part of a 8 building used for park purposes; 9 (5) Knows the individual assaulted to be a 10 caseworker, investigator, or other person employed by the 11 State Department of Public Aid, a County Department of 12 Public Aid, or the Department of Human Services (acting 13 as successor to the Illinois Department of Public Aid 14 under the Department of Human Services Act) and such 15 caseworker, investigator, or other person is upon the 16 grounds of a public aid office or grounds adjacent 17 thereto, or is in any part of a building used for public 18 aid purposes, or upon the grounds of a home of a public 19 aid applicant, recipient or any other person being 20 interviewed or investigated in the employees' discharge 21 of his duties, or on grounds adjacent thereto, or is in 22 any part of a building in which the applicant, recipient, 23 or other such person resides or is located; 24 (6) Knows the individual assaulted to be a peace 25 officer, or a community policing volunteer, or a fireman 26 while the officer or fireman is engaged in the execution 27 of any of his official duties, or to prevent the officer, 28 community policing volunteer, or fireman from performing 29 his official duties, or in retaliation for the officer, 30 community policing volunteer, or fireman performing his 31 official duties, and the assault is committed other than 32 by the discharge of a firearm in the direction of the 33 officer or fireman or in the direction of a vehicle 34 occupied by the officer or fireman; HB3989 Engrossed -3- LRB9111681RCpk 1 (7) Knows the individual assaulted to be an 2 emergency medical technician - ambulance, emergency 3 medical technician - intermediate, emergency medical 4 technician - paramedic, ambulance driver or other medical 5 assistance or first aid personnel employed by a 6 municipality or other governmental unit engaged in the 7 execution of any of his official duties, or to prevent 8 the emergency medical technician - ambulance, emergency 9 medical technician - intermediate, emergency medical 10 technician - paramedic, ambulance driver, or other 11 medical assistance or first aid personnel from performing 12 his official duties, or in retaliation for the emergency 13 medical technician - ambulance, emergency medical 14 technician - intermediate, emergency medical technician - 15 paramedic, ambulance driver, or other medical assistance 16 or first aid personnel performing his official duties; 17 (8) Knows the individual assaulted to be the 18 driver, operator, employee or passenger of any 19 transportation facility or system engaged in the business 20 of transportation of the public for hire and the 21 individual assaulted is then performing in such capacity 22 or then using such public transportation as a passenger 23 or using any area of any description designated by the 24 transportation facility or system as a vehicle boarding, 25 departure, or transfer location; 26 (9) Or the individual assaulted is on or about a 27 public way, public property, or public place of 28 accommodation or amusement; 29 (10) Knows the individual assaulted to be an 30 employee of the State of Illinois, a municipal 31 corporation therein or a political subdivision thereof, 32 engaged in the performance of his authorized duties as 33 such employee; 34 (11) Knowingly and without legal justification, HB3989 Engrossed -4- LRB9111681RCpk 1 commits an assault on a physically handicapped person; 2 (12) Knowingly and without legal justification, 3 commits an assault on a person 60 years of age or older; 4 (13) Discharges a firearm; 5 (14) Knows the individual assaulted to be a 6 correctional officer, while the officer is engaged in the 7 execution of any of his or her official duties, or to 8 prevent the officer from performing his or her official 9 duties, or in retaliation for the officer performing his 10 or her official duties;or11 (15) Knows the individual assaulted to be a 12 correctional employee, while the employee is engaged in 13 the execution of any of his or her official duties, or to 14 prevent the employee from performing his or her official 15 duties, or in retaliation for the employee performing his 16 or her official duties, and the assault is committed 17 other than by the discharge of a firearm in the direction 18 of the employee or in the direction of a vehicle occupied 19 by the employee; or 20 (16) Uses a motor vehicle as defined in Section 21 1-146 of the Illinois Vehicle Code. 22 (a-5) A person commits an aggravated assault when he or 23 she knowingly and without lawful justification shines or 24 flashes a laser gunsight or other laser device that is 25 attached or affixed to a firearm, or used in concert with a 26 firearm, so that the laser beam strikes near or in the 27 immediate vicinity of any person. 28 (b) Sentence. 29 Aggravated assault as defined in paragraphs (1) through 30 (5) and (7) through (12) of subsection (a) of this Section is 31 a Class A misdemeanor. Aggravated assault as defined in 32 paragraphs (13), (14), and (15) of subsection (a) of this 33 Section and as defined in subsection (a-5) of this Section is 34 a Class 4 felony. Aggravated assault as defined in paragraph HB3989 Engrossed -5- LRB9111681RCpk 1 (16) of subsection (a) of this Section is a Class 3 felony. 2 Aggravated assault as defined in paragraph (6) of subsection 3 (a) of this Section is a Class A misdemeanor if a firearm is 4 not used in the commission of the assault. Aggravated 5 assault as defined in paragraph (6) of subsection (a) of this 6 Section is a Class 4 felony if a firearm is used in the 7 commission of the assault. 8 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 9 91-672, eff. 1-1-00.) 10 (720 ILCS 5/12-4.11 new) 11 Sec. 12-4.11. Aggravated battery with a motor vehicle. 12 (a) A person commits aggravated battery with a motor 13 vehicle when he or she, in committing a battery, knowingly or 14 intentionally causes great bodily harm or permanent 15 disability or disfigurement by means of the operation or use 16 of a motor vehicle. 17 (b) For the purpose of this Section, "motor vehicle" has 18 the meaning ascribed to it in Section 1-146 of the Illinois 19 Vehicle Code. 20 (c) Sentence. Aggravated battery with a motor vehicle is 21 a Class 1 felony. 22 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 23 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 24 used with the knowledge and consent of the owner in the 25 commission of, or in the attempt to commit as defined in 26 Section 8-4 of this Code, an offense prohibited by (a) 27 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 28 11-20.1, 12-4.11, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 29 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, 30orparagraph (a) of Section 12-15 of this Code, paragraphor31paragraphs(a), (c), or (d) of Section 12-16 of this Code, or 32 paragraph (16) of subsection (a) of Section 12-2 of this HB3989 Engrossed -6- LRB9111681RCpk 1 Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax 2 Act if the vessel, vehicle or aircraft contains more than 10 3 cartons of such cigarettes; (c) Section 28, 29 or 30 of the 4 Cigarette Use Tax Act if the vessel, vehicle or aircraft 5 contains more than 10 cartons of such cigarettes; (d) Section 6 44 of the Environmental Protection Act; (e) 11-204.1 of the 7 Illinois Vehicle Code; or (f) the offenses described in the 8 following provisions of the Illinois Vehicle Code: Section 9 11-501 subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), 10 or (d)(1)(D); may be seized and delivered forthwith to the 11 sheriff of the county of seizure. 12 Within 15 days after such delivery the sheriff shall give 13 notice of seizure to each person according to the following 14 method: Upon each such person whose right, title or interest 15 is of record in the office of the Secretary of State, the 16 Secretary of Transportation, the Administrator of the Federal 17 Aviation Agency, or any other Department of this State, or 18 any other state of the United States if such vessel, vehicle 19 or aircraft is required to be so registered, as the case may 20 be, by mailing a copy of the notice by certified mail to the 21 address as given upon the records of the Secretary of State, 22 the Department of Aeronautics, Department of Public Works and 23 Buildings or any other Department of this State or the United 24 States if such vessel, vehicle or aircraft is required to be 25 so registered. Within that 15 day period the sheriff shall 26 also notify the State's Attorney of the county of seizure 27 about the seizure. 28 In addition, any mobile or portable equipment used in the 29 commission of an act which is in violation of Section 7g of 30 the Metropolitan Water Reclamation District Act shall be 31 subject to seizure and forfeiture under the same procedures 32 provided in this Article for the seizure and forfeiture of 33 vessels, vehicles and aircraft, and any such equipment shall 34 be deemed a vessel, vehicle or aircraft for purposes of this HB3989 Engrossed -7- LRB9111681RCpk 1 Article. 2 When a person discharges a firearm at another individual 3 from a vehicle with the knowledge and consent of the owner of 4 the vehicle and with the intent to cause death or great 5 bodily harm to that individual and as a result causes death 6 or great bodily harm to that individual, the vehicle shall be 7 subject to seizure and forfeiture under the same procedures 8 provided in this Article for the seizure and forfeiture of 9 vehicles used in violations of clauses (a), (b), (c), or (d) 10 of this Section. 11 If the spouse of the owner of a vehicle seized for a 12 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3), 13 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois 14 Vehicle Code or Section 9-3 of this Code makes a showing that 15 the seized vehicle is the only source of transportation and 16 it is determined that the financial hardship to the family as 17 a result of the seizure outweighs the benefit to the State 18 from the seizure, the vehicle may be forfeited to the spouse 19 or family member and the title to the vehicle shall be 20 transferred to the spouse or family member who is properly 21 licensed and who requires the use of the vehicle for 22 employment or family transportation purposes. A written 23 declaration of forfeiture of a vehicle under this Section 24 shall be sufficient cause for the title to be transferred to 25 the spouse or family member. The provisions of this 26 paragraph shall apply only to one forfeiture per vehicle. If 27 the vehicle is the subject of a subsequent forfeiture 28 proceeding by virtue of a subsequent conviction of either 29 spouse or the family member, the spouse or family member to 30 whom the vehicle was forfeited under the first forfeiture 31 proceeding may not utilize the provisions of this paragraph 32 in another forfeiture proceeding. If the owner of the 33 vehicle seized owns more than one vehicle, the procedure set 34 out in this paragraph may be used for only one vehicle. HB3989 Engrossed -8- LRB9111681RCpk 1 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 2 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)