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92_HB1812eng HB1812 Engrossed LRB9205349ARsb 1 AN ACT concerning organized gangs, which may be referred 2 to as the Severo Anti-gang Amendments of 2001. 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 9-1, 12-2, 12-4, 12-4.2, and 24-1.2 as 7 follows: 8 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) 9 Sec. 9-1. First degree Murder - Death penalties - 10 Exceptions - Separate Hearings - Proof - Findings - Appellate 11 procedures - Reversals. 12 (a) A person who kills an individual without lawful 13 justification commits first degree murder if, in performing 14 the acts which cause the death: 15 (1) he either intends to kill or do great bodily 16 harm to that individual or another, or knows that such 17 acts will cause death to that individual or another; or 18 (2) he knows that such acts create a strong 19 probability of death or great bodily harm to that 20 individual or another; or 21 (3) he is attempting or committing a forcible 22 felony other than second degree murder. 23 (b) Aggravating Factors. A defendant who at the time of 24 the commission of the offense has attained the age of 18 or 25 more and who has been found guilty of first degree murder may 26 be sentenced to death if: 27 (1) the murdered individual was a peace officer or 28 fireman killed in the course of performing his official 29 duties, to prevent the performance of his official 30 duties, or in retaliation for performing his official 31 duties, and the defendant knew or should have known that HB1812 Engrossed -2- LRB9205349ARsb 1 the murdered individual was a peace officer or fireman; 2 or 3 (2) the murdered individual was an employee of an 4 institution or facility of the Department of Corrections, 5 or any similar local correctional agency, killed in the 6 course of performing his official duties, to prevent the 7 performance of his official duties, or in retaliation for 8 performing his official duties, or the murdered 9 individual was an inmate at such institution or facility 10 and was killed on the grounds thereof, or the murdered 11 individual was otherwise present in such institution or 12 facility with the knowledge and approval of the chief 13 administrative officer thereof; or 14 (3) the defendant has been convicted of murdering 15 two or more individuals under subsection (a) of this 16 Section or under any law of the United States or of any 17 state which is substantially similar to subsection (a) of 18 this Section regardless of whether the deaths occurred 19 as the result of the same act or of several related or 20 unrelated acts so long as the deaths were the result of 21 either an intent to kill more than one person or of 22 separate acts which the defendant knew would cause death 23 or create a strong probability of death or great bodily 24 harm to the murdered individual or another; or 25 (4) the murdered individual was killed as a result 26 of the hijacking of an airplane, train, ship, bus or 27 other public conveyance; or 28 (5) the defendant committed the murder pursuant to 29 a contract, agreement or understanding by which he was to 30 receive money or anything of value in return for 31 committing the murder or procured another to commit the 32 murder for money or anything of value; or 33 (6) the murdered individual was killed in the 34 course of another felony if: HB1812 Engrossed -3- LRB9205349ARsb 1 (a) the murdered individual: 2 (i) was actually killed by the defendant, 3 or 4 (ii) received physical injuries 5 personally inflicted by the defendant 6 substantially contemporaneously with physical 7 injuries caused by one or more persons for 8 whose conduct the defendant is legally 9 accountable under Section 5-2 of this Code, and 10 the physical injuries inflicted by either the 11 defendant or the other person or persons for 12 whose conduct he is legally accountable caused 13 the death of the murdered individual; and 14 (b) in performing the acts which caused the 15 death of the murdered individual or which resulted 16 in physical injuries personally inflicted by the 17 defendant on the murdered individual under the 18 circumstances of subdivision (ii) of subparagraph 19 (a) of paragraph (6) of subsection (b) of this 20 Section, the defendant acted with the intent to kill 21 the murdered individual or with the knowledge that 22 his acts created a strong probability of death or 23 great bodily harm to the murdered individual or 24 another; and 25 (c) the other felony was one of the following: 26 armed robbery, armed violence, robbery, predatory 27 criminal sexual assault of a child, aggravated 28 criminal sexual assault, aggravated kidnapping, 29 aggravated vehicular hijacking, forcible detention, 30 arson, aggravated arson, aggravated stalking, 31 burglary, residential burglary, home invasion, 32 calculated criminal drug conspiracy as defined in 33 Section 405 of the Illinois Controlled Substances 34 Act, streetgang criminal drug conspiracy as defined HB1812 Engrossed -4- LRB9205349ARsb 1 in Section 405.2 of the Illinois Controlled 2 Substances Act, or the attempt to commit any of the 3 felonies listed in this subsection (c); or 4 (7) the murdered individual was under 12 years of 5 age and the death resulted from exceptionally brutal or 6 heinous behavior indicative of wanton cruelty; or 7 (8) the defendant committed the murder with intent 8 to prevent the murdered individual from testifying in any 9 criminal prosecution or giving material assistance to the 10 State in any investigation or prosecution, either against 11 the defendant or another; or the defendant committed the 12 murder because the murdered individual was a witness in 13 any prosecution or gave material assistance to the State 14 in any investigation or prosecution, either against the 15 defendant or another; or 16 (9) the defendant, while committing an offense 17 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 18 407 or 407.1 or subsection (b) of Section 404 of the 19 Illinois Controlled Substances Act, or while engaged in a 20 conspiracy or solicitation to commit such offense, 21 intentionally killed an individual or counseled, 22 commanded, induced, procured or caused the intentional 23 killing of the murdered individual; or 24 (10) the defendant was incarcerated in an 25 institution or facility of the Department of Corrections 26 at the time of the murder, and while committing an 27 offense punishable as a felony under Illinois law, or 28 while engaged in a conspiracy or solicitation to commit 29 such offense, intentionally killed an individual or 30 counseled, commanded, induced, procured or caused the 31 intentional killing of the murdered individual; or 32 (11) the murder was committed in a cold, calculated 33 and premeditated manner pursuant to a preconceived plan, 34 scheme or design to take a human life by unlawful means, HB1812 Engrossed -5- LRB9205349ARsb 1 and the conduct of the defendant created a reasonable 2 expectation that the death of a human being would result 3 therefrom; or 4 (12) the murdered individual was an emergency 5 medical technician - ambulance, emergency medical 6 technician - intermediate, emergency medical technician - 7 paramedic, ambulance driver, or other medical assistance 8 or first aid personnel, employed by a municipality or 9 other governmental unit, killed in the course of 10 performing his official duties, to prevent the 11 performance of his official duties, or in retaliation for 12 performing his official duties, and the defendant knew or 13 should have known that the murdered individual was an 14 emergency medical technician - ambulance, emergency 15 medical technician - intermediate, emergency medical 16 technician - paramedic, ambulance driver, or other 17 medical assistance or first aid personnel; or 18 (13) the defendant was a principal administrator, 19 organizer, or leader of a calculated criminal drug 20 conspiracy consisting of a hierarchical position of 21 authority superior to that of all other members of the 22 conspiracy, and the defendant counseled, commanded, 23 induced, procured, or caused the intentional killing of 24 the murdered person; or 25 (14) the murder was intentional and involved the 26 infliction of torture. For the purpose of this Section 27 torture means the infliction of or subjection to extreme 28 physical pain, motivated by an intent to increase or 29 prolong the pain, suffering or agony of the victim; or 30 (15) the murder was committed as a result of the 31 intentional discharge of a firearm by the defendant from 32 a motor vehicle and the victim was not present within the 33 motor vehicle; or 34 (16) the murdered individual was 60 years of age or HB1812 Engrossed -6- LRB9205349ARsb 1 older and the death resulted from exceptionally brutal or 2 heinous behavior indicative of wanton cruelty; or 3 (17) the murdered individual was a disabled person 4 and the defendant knew or should have known that the 5 murdered individual was disabled. For purposes of this 6 paragraph (17), "disabled person" means a person who 7 suffers from a permanent physical or mental impairment 8 resulting from disease, an injury, a functional disorder, 9 or a congenital condition that renders the person 10 incapable of adequately providing for his or her own 11 health or personal care; or 12 (18) the murder was committed by reason of any 13 person's activity as a community policing volunteer or to 14 prevent any person from engaging in activity as a 15 community policing volunteer; or 16 (19) the murdered individual was subject to an 17 order of protection and the murder was committed by a 18 person against whom the same order of protection was 19 issued under the Illinois Domestic Violence Act of 1986; 20 or 21 (20) the murdered individual was known by the 22 defendant to be a teacher or other person employed in any 23 school and the teacher or other employee is upon the 24 grounds of a school or grounds adjacent to a school, or 25 is in any part of a building used for school purposes; 26 or.27 (21) the defendant committed the murder in 28 furtherance of the activities of an organized gang or by 29 reason of his or her membership in or allegiance to an 30 organized gang. For the purposes of this subsection, 31 "organized gang" has the meaning ascribed to it in 32 Section 10 of the Streetgang Terrorism Omnibus 33 Prevention Act. 34 (c) Consideration of factors in Aggravation and HB1812 Engrossed -7- LRB9205349ARsb 1 Mitigation. 2 The court shall consider, or shall instruct the jury to 3 consider any aggravating and any mitigating factors which are 4 relevant to the imposition of the death penalty. Aggravating 5 factors may include but need not be limited to those factors 6 set forth in subsection (b). Mitigating factors may include 7 but need not be limited to the following: 8 (1) the defendant has no significant history of 9 prior criminal activity; 10 (2) the murder was committed while the defendant 11 was under the influence of extreme mental or emotional 12 disturbance, although not such as to constitute a defense 13 to prosecution; 14 (3) the murdered individual was a participant in 15 the defendant's homicidal conduct or consented to the 16 homicidal act; 17 (4) the defendant acted under the compulsion of 18 threat or menace of the imminent infliction of death or 19 great bodily harm; 20 (5) the defendant was not personally present during 21 commission of the act or acts causing death. 22 (d) Separate sentencing hearing. 23 Where requested by the State, the court shall conduct a 24 separate sentencing proceeding to determine the existence of 25 factors set forth in subsection (b) and to consider any 26 aggravating or mitigating factors as indicated in subsection 27 (c). The proceeding shall be conducted: 28 (1) before the jury that determined the defendant's 29 guilt; or 30 (2) before a jury impanelled for the purpose of the 31 proceeding if: 32 A. the defendant was convicted upon a plea of 33 guilty; or 34 B. the defendant was convicted after a trial HB1812 Engrossed -8- LRB9205349ARsb 1 before the court sitting without a jury; or 2 C. the court for good cause shown discharges 3 the jury that determined the defendant's guilt; or 4 (3) before the court alone if the defendant waives 5 a jury for the separate proceeding. 6 (e) Evidence and Argument. 7 During the proceeding any information relevant to any of 8 the factors set forth in subsection (b) may be presented by 9 either the State or the defendant under the rules governing 10 the admission of evidence at criminal trials. Any 11 information relevant to any additional aggravating factors or 12 any mitigating factors indicated in subsection (c) may be 13 presented by the State or defendant regardless of its 14 admissibility under the rules governing the admission of 15 evidence at criminal trials. The State and the defendant 16 shall be given fair opportunity to rebut any information 17 received at the hearing. 18 (f) Proof. 19 The burden of proof of establishing the existence of any 20 of the factors set forth in subsection (b) is on the State 21 and shall not be satisfied unless established beyond a 22 reasonable doubt. 23 (g) Procedure - Jury. 24 If at the separate sentencing proceeding the jury finds 25 that none of the factors set forth in subsection (b) exists, 26 the court shall sentence the defendant to a term of 27 imprisonment under Chapter V of the Unified Code of 28 Corrections. If there is a unanimous finding by the jury 29 that one or more of the factors set forth in subsection (b) 30 exist, the jury shall consider aggravating and mitigating 31 factors as instructed by the court and shall determine 32 whether the sentence of death shall be imposed. If the jury 33 determines unanimously that there are no mitigating factors 34 sufficient to preclude the imposition of the death sentence, HB1812 Engrossed -9- LRB9205349ARsb 1 the court shall sentence the defendant to death. 2 Unless the jury unanimously finds that there are no 3 mitigating factors sufficient to preclude the imposition of 4 the death sentence the court shall sentence the defendant to 5 a term of imprisonment under Chapter V of the Unified Code of 6 Corrections. 7 (h) Procedure - No Jury. 8 In a proceeding before the court alone, if the court 9 finds that none of the factors found in subsection (b) 10 exists, the court shall sentence the defendant to a term of 11 imprisonment under Chapter V of the Unified Code of 12 Corrections. 13 If the Court determines that one or more of the factors 14 set forth in subsection (b) exists, the Court shall consider 15 any aggravating and mitigating factors as indicated in 16 subsection (c). If the Court determines that there are no 17 mitigating factors sufficient to preclude the imposition of 18 the death sentence, the Court shall sentence the defendant to 19 death. 20 Unless the court finds that there are no mitigating 21 factors sufficient to preclude the imposition of the sentence 22 of death, the court shall sentence the defendant to a term of 23 imprisonment under Chapter V of the Unified Code of 24 Corrections. 25 (i) Appellate Procedure. 26 The conviction and sentence of death shall be subject to 27 automatic review by the Supreme Court. Such review shall be 28 in accordance with rules promulgated by the Supreme Court. 29 (j) Disposition of reversed death sentence. 30 In the event that the death penalty in this Act is held 31 to be unconstitutional by the Supreme Court of the United 32 States or of the State of Illinois, any person convicted of 33 first degree murder shall be sentenced by the court to a term 34 of imprisonment under Chapter V of the Unified Code of HB1812 Engrossed -10- LRB9205349ARsb 1 Corrections. 2 In the event that any death sentence pursuant to the 3 sentencing provisions of this Section is declared 4 unconstitutional by the Supreme Court of the United States or 5 of the State of Illinois, the court having jurisdiction over 6 a person previously sentenced to death shall cause the 7 defendant to be brought before the court, and the court shall 8 sentence the defendant to a term of imprisonment under 9 Chapter V of the Unified Code of Corrections. 10 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 11 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 12 1-1-00.) 13 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 14 Sec. 12-2. Aggravated assault. 15 (a) A person commits an aggravated assault, when, in 16 committing an assault, he or she: 17 (1) Uses a deadly weapon or any device manufactured 18 and designed to be substantially similar in appearance to 19 a firearm, other than by discharging a firearm in the 20 direction of another person, a peace officer, a person 21 summoned or directed by a peace officer, a correctional 22 officer or a fireman or in the direction of a vehicle 23 occupied by another person, a peace officer, a person 24 summoned or directed by a peace officer, a correctional 25 officer or a fireman while the officer or fireman is 26 engaged in the execution of any of his official duties, 27 or to prevent the officer or fireman from performing his 28 official duties, or in retaliation for the officer or 29 fireman performing his official duties; 30 (2) Is hooded, robed or masked in such manner as to 31 conceal his identity or any device manufactured and 32 designed to be substantially similar in appearance to a 33 firearm; HB1812 Engrossed -11- LRB9205349ARsb 1 (3) Knows the individual assaulted to be a teacher 2 or other person employed in any school and such teacher 3 or other employee is upon the grounds of a school or 4 grounds adjacent thereto, or is in any part of a building 5 used for school purposes; 6 (4) Knows the individual assaulted to be a 7 supervisor, director, instructor or other person employed 8 in any park district and such supervisor, director, 9 instructor or other employee is upon the grounds of the 10 park or grounds adjacent thereto, or is in any part of a 11 building used for park purposes; 12 (5) Knows the individual assaulted to be a 13 caseworker, investigator, or other person employed by the 14 State Department of Public Aid, a County Department of 15 Public Aid, or the Department of Human Services (acting 16 as successor to the Illinois Department of Public Aid 17 under the Department of Human Services Act) and such 18 caseworker, investigator, or other person is upon the 19 grounds of a public aid office or grounds adjacent 20 thereto, or is in any part of a building used for public 21 aid purposes, or upon the grounds of a home of a public 22 aid applicant, recipient or any other person being 23 interviewed or investigated in the employees' discharge 24 of his duties, or on grounds adjacent thereto, or is in 25 any part of a building in which the applicant, recipient, 26 or other such person resides or is located; 27 (6) Knows the individual assaulted to be a peace 28 officer, or a community policing volunteer, or a fireman 29 while the officer or fireman is engaged in the execution 30 of any of his official duties, or to prevent the officer, 31 community policing volunteer, or fireman from performing 32 his official duties, or in retaliation for the officer, 33 community policing volunteer, or fireman performing his 34 official duties, and the assault is committed other than HB1812 Engrossed -12- LRB9205349ARsb 1 by the discharge of a firearm in the direction of the 2 officer or fireman or in the direction of a vehicle 3 occupied by the officer or fireman; 4 (7) Knows the individual assaulted to be an 5 emergency medical technician - ambulance, emergency 6 medical technician - intermediate, emergency medical 7 technician - paramedic, ambulance driver or other medical 8 assistance or first aid personnel employed by a 9 municipality or other governmental unit engaged in the 10 execution of any of his official duties, or to prevent 11 the emergency medical technician - ambulance, emergency 12 medical technician - intermediate, emergency medical 13 technician - paramedic, ambulance driver, or other 14 medical assistance or first aid personnel from performing 15 his official duties, or in retaliation for the emergency 16 medical technician - ambulance, emergency medical 17 technician - intermediate, emergency medical technician - 18 paramedic, ambulance driver, or other medical assistance 19 or first aid personnel performing his official duties; 20 (8) Knows the individual assaulted to be the 21 driver, operator, employee or passenger of any 22 transportation facility or system engaged in the business 23 of transportation of the public for hire and the 24 individual assaulted is then performing in such capacity 25 or then using such public transportation as a passenger 26 or using any area of any description designated by the 27 transportation facility or system as a vehicle boarding, 28 departure, or transfer location; 29 (9) Or the individual assaulted is on or about a 30 public way, public property, or public place of 31 accommodation or amusement; 32 (10) Knows the individual assaulted to be an 33 employee of the State of Illinois, a municipal 34 corporation therein or a political subdivision thereof, HB1812 Engrossed -13- LRB9205349ARsb 1 engaged in the performance of his authorized duties as 2 such employee; 3 (11) Knowingly and without legal justification, 4 commits an assault on a physically handicapped person; 5 (12) Knowingly and without legal justification, 6 commits an assault on a person 60 years of age or older; 7 (13) Discharges a firearm; 8 (14) Knows the individual assaulted to be a 9 correctional officer, while the officer is engaged in the 10 execution of any of his or her official duties, or to 11 prevent the officer from performing his or her official 12 duties, or in retaliation for the officer performing his 13 or her official duties;or14 (15) Knows the individual assaulted to be a 15 correctional employee, while the employee is engaged in 16 the execution of any of his or her official duties, or to 17 prevent the employee from performing his or her official 18 duties, or in retaliation for the employee performing his 19 or her official duties, and the assault is committed 20 other than by the discharge of a firearm in the direction 21 of the employee or in the direction of a vehicle occupied 22 by the employee; or.23 (16) Commits the assault in furtherance of the 24 activities of an organized gang or by reason of his or 25 her membership in or allegiance to an organized gang. 26 For the purposes of this subsection, "organized gang" has 27 the meaning ascribed to it in Section 10 of the 28 Streetgang Terrorism Omnibus Prevention Act. 29 (a-5) A person commits an aggravated assault when he or 30 she knowingly and without lawful justification shines or 31 flashes a laser gunsight or other laser device that is 32 attached or affixed to a firearm, or used in concert with a 33 firearm, so that the laser beam strikes near or in the 34 immediate vicinity of any person. HB1812 Engrossed -14- LRB9205349ARsb 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 and as defined in subsection (a-5) of this 7 Section is a Class 4 felony. Aggravated assault as defined 8 in paragraph (6) of subsection (a) of this Section is a Class 9 A misdemeanor if a firearm is not used in the commission of 10 the assault. Aggravated assault as defined in paragraph (6) 11 of subsection (a) of this Section is a Class 4 felony if a 12 firearm is used in the commission of the assault. 13 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 14 91-672, eff. 1-1-00.) 15 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 16 Sec. 12-4. Aggravated Battery. 17 (a) A person who, in committing a battery, intentionally 18 or knowingly causes great bodily harm, or permanent 19 disability or disfigurement commits aggravated battery. 20 (b) In committing a battery, a person commits aggravated 21 battery if he or she: 22 (1) Uses a deadly weapon other than by the 23 discharge of a firearm; 24 (2) Is hooded, robed or masked, in such manner as 25 to conceal his identity; 26 (3) Knows the individual harmed to be a teacher or 27 other person employed in any school and such teacher or 28 other employee is upon the grounds of a school or grounds 29 adjacent thereto, or is in any part of a building used 30 for school purposes; 31 (4) Knows the individual harmed to be a supervisor, 32 director, instructor or other person employed in any park 33 district and such supervisor, director, instructor or HB1812 Engrossed -15- LRB9205349ARsb 1 other employee is upon the grounds of the park or grounds 2 adjacent thereto, or is in any part of a building used 3 for park purposes; 4 (5) Knows the individual harmed to be a caseworker, 5 investigator, or other person employed by the State 6 Department of Public Aid, a County Department of Public 7 Aid, or the Department of Human Services (acting as 8 successor to the Illinois Department of Public Aid under 9 the Department of Human Services Act) and such 10 caseworker, investigator, or other person is upon the 11 grounds of a public aid office or grounds adjacent 12 thereto, or is in any part of a building used for public 13 aid purposes, or upon the grounds of a home of a public 14 aid applicant, recipient, or any other person being 15 interviewed or investigated in the employee's discharge 16 of his duties, or on grounds adjacent thereto, or is in 17 any part of a building in which the applicant, recipient, 18 or other such person resides or is located; 19 (6) Knows the individual harmed to be a peace 20 officer, a community policing volunteer, a correctional 21 institution employee, or a fireman while such officer, 22 volunteer, employee or fireman is engaged in the 23 execution of any official duties including arrest or 24 attempted arrest, or to prevent the officer, volunteer, 25 employee or fireman from performing official duties, or 26 in retaliation for the officer, volunteer, employee or 27 fireman performing official duties, and the battery is 28 committed other than by the discharge of a firearm; 29 (7) Knows the individual harmed to be an emergency 30 medical technician - ambulance, emergency medical 31 technician - intermediate, emergency medical technician - 32 paramedic, ambulance driver, other medical assistance, 33 first aid personnel, or hospital emergency room personnel 34 engaged in the performance of any of his or her official HB1812 Engrossed -16- LRB9205349ARsb 1 duties, or to prevent the emergency medical technician - 2 ambulance, emergency medical technician - intermediate, 3 emergency medical technician - paramedic, ambulance 4 driver, other medical assistance, first aid personnel, or 5 hospital emergency room personnel from performing 6 official duties, or in retaliation for performing 7 official duties; 8 (8) Is, or the person battered is, on or about a 9 public way, public property or public place of 10 accommodation or amusement; 11 (9) Knows the individual harmed to be the driver, 12 operator, employee or passenger of any transportation 13 facility or system engaged in the business of 14 transportation of the public for hire and the individual 15 assaulted is then performing in such capacity or then 16 using such public transportation as a passenger or using 17 any area of any description designated by the 18 transportation facility or system as a vehicle boarding, 19 departure, or transfer location; 20 (10) Knowingly and without legal justification and 21 by any means causes bodily harm to an individual of 60 22 years of age or older; 23 (11) Knows the individual harmed is pregnant; 24 (12) Knows the individual harmed to be a judge whom 25 the person intended to harm as a result of the judge's 26 performance of his or her official duties as a judge; 27 (13) Knows the individual harmed to be an employee 28 of the Illinois Department of Children and Family 29 Services engaged in the performance of his authorized 30 duties as such employee; 31 (13.5) Commits the battery in furtherance of the 32 activities of an organized gang or by reason of his or 33 her membership in or allegiance to an organized gang. For 34 the purposes of this subsection, "organized gang" has the HB1812 Engrossed -17- LRB9205349ARsb 1 meaning ascribed to it in Section 10 of the Streetgang 2 Terrorism Omnibus Prevention Act; 3 (14) Knows the individual harmed to be a person who 4 is physically handicapped; or 5 (15) Knowingly and without legal justification and 6 by any means causes bodily harm to a merchant who detains 7 the person for an alleged commission of retail theft 8 under Section 16A-5 of this Code. In this item (15), 9 "merchant" has the meaning ascribed to it in Section 10 16A-2.4 of this Code. 11 For the purpose of paragraph (14) of subsection (b) of 12 this Section, a physically handicapped person is a person who 13 suffers from a permanent and disabling physical 14 characteristic, resulting from disease, injury, functional 15 disorder or congenital condition. 16 (c) A person who administers to an individual or causes 17 him to take, without his consent or by threat or deception, 18 and for other than medical purposes, any intoxicating, 19 poisonous, stupefying, narcotic, anesthetic, or controlled 20 substance commits aggravated battery. 21 (d) A person who knowingly gives to another person any 22 food that contains any substance or object that is intended 23 to cause physical injury if eaten, commits aggravated 24 battery. 25 (d-3)(d-5)A person commits aggravated battery when he 26 or she knowingly and without lawful justification shines or 27 flashes a laser gunsight or other laser device that is 28 attached or affixed to a firearm, or used in concert with a 29 firearm, so that the laser beam strikes upon or against the 30 person of another. 31 (d-5) An inmate of a penal institution who causes or 32 attempts to cause a correctional employee of the penal 33 institution to come into contact with blood, seminal fluid, 34 urine, or feces, by throwing, tossing, or expelling that HB1812 Engrossed -18- LRB9205349ARsb 1 fluid or material commits aggravated battery. For purposes 2 of this subsection (d-5), "correctional employee" means a 3 person who is employed by a penal institution. 4 (e) Sentence. 5 Aggravated battery is a Class 3 felony. 6 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99; 7 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff. 8 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised 9 1-7-00.) 10 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) 11 Sec. 12-4.2. Aggravated Battery with a firearm. 12 (a) A person commits aggravated battery with a firearm 13 when he, in committing a battery, knowingly or intentionally 14 by means of the discharging of a firearm (1) causes any 15 injury to another person, or (2) causes any injury to a 16 person he knows to be a peace officer, a community policing 17 volunteer, a correctional institution employee or a fireman 18 while the officer, volunteer, employee or fireman is engaged 19 in the execution of any of his official duties, or to prevent 20 the officer, volunteer, employee or fireman from performing 21 his official duties, or in retaliation for the officer, 22 volunteer, employee or fireman performing his official 23 duties, or (3) causes any injury to a person he knows to be 24 an emergency medical technician - ambulance, emergency 25 medical technician - intermediate, emergency medical 26 technician - paramedic, ambulance driver, or other medical 27 assistance or first aid personnel, employed by a municipality 28 or other governmental unit, while the emergency medical 29 technician - ambulance, emergency medical technician - 30 intermediate, emergency medical technician - paramedic, 31 ambulance driver, or other medical assistance or first aid 32 personnel is engaged in the execution of any of his official 33 duties, or to prevent the emergency medical technician - HB1812 Engrossed -19- LRB9205349ARsb 1 ambulance, emergency medical technician - intermediate, 2 emergency medical technician - paramedic, ambulance driver, 3 or other medical assistance or first aid personnel from 4 performing his official duties, or in retaliation for the 5 emergency medical technician - ambulance, emergency medical 6 technician - intermediate, emergency medical technician - 7 paramedic, ambulance driver, or other medical assistance or 8 first aid personnel performing his official duties, or (4) 9 causes any injury to a person he or she knows to be a teacher 10 or other person employed in a school and the teacher or other 11 employee is upon grounds of a school or grounds adjacent to a 12 school, or is in any part of a building used for school 13 purposes, or (5) commits the battery in furtherance of the 14 activities of an organized gang or by reason of his or her 15 membership in or allegiance to an organized gang. For the 16 purposes of this subsection, "organized gang" has the meaning 17 ascribed to it in Section 10 of the Streetgang Terrorism 18 Omnibus Prevention Act. 19 (b) A violation of subsection (a)(1) of this Section is 20 a Class X felony. A violation of subsection (a)(2), 21 subsection (a)(3),orsubsection (a)(4), or subsection (a) 22 (5) of this Section is a Class X felony for which the 23 sentence shall be a term of imprisonment of no less than 15 24 years and no more than 60 years. 25 (c) For purposes of this Section, "firearm" is defined 26 as in "An Act relating to the acquisition, possession and 27 transfer of firearms and firearm ammunition, to provide a 28 penalty for the violation thereof and to make an 29 appropriation in connection therewith", approved August 1, 30 1967, as amended. 31 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00; 32 91-696, eff. 4-13-00.) 33 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2) HB1812 Engrossed -20- LRB9205349ARsb 1 Sec. 24-1.2. Aggravated discharge of a firearm. 2 (a) A person commits aggravated discharge of a firearm 3 when he or she knowingly or intentionally: 4 (1) Discharges a firearm at or into a building he 5 or she knows or reasonably should know to be occupied and 6 the firearm is discharged from a place or position 7 outside that building; 8 (2) Discharges a firearm in the direction of 9 another person or in the direction of a vehicle he or she 10 knows or reasonably should know to be occupied by a 11 person; 12 (3) Discharges a firearm in the direction of a 13 person he or she knows to be a peace officer, a community 14 policing volunteer, a correctional institution employee, 15 or a fireman while the officer, volunteer, employee or 16 fireman is engaged in the execution of any of his or her 17 official duties, or to prevent the officer, volunteer, 18 employee or fireman from performing his or her official 19 duties, or in retaliation for the officer, volunteer, 20 employee or fireman performing his or her official 21 duties; 22 (4) Discharges a firearm in the direction of a 23 vehicle he or she knows to be occupied by a peace 24 officer, a person summoned or directed by a peace 25 officer, a correctional institution employee or a fireman 26 while the officer, employee or fireman is engaged in the 27 execution of any of his or her official duties, or to 28 prevent the officer, employee or fireman from performing 29 his or her official duties, or in retaliation for the 30 officer, employee or fireman performing his or her 31 official duties; 32 (5) Discharges a firearm in the direction of a 33 person he or she knows to be an emergency medical 34 technician - ambulance, emergency medical technician - HB1812 Engrossed -21- LRB9205349ARsb 1 intermediate, emergency medical technician - paramedic, 2 ambulance driver, or other medical assistance or first 3 aid personnel, employed by a municipality or other 4 governmental unit, while the emergency medical technician 5 - ambulance, emergency medical technician - intermediate, 6 emergency medical technician - paramedic, ambulance 7 driver, or other medical assistance or first aid 8 personnel is engaged in the execution of any of his or 9 her official duties, or to prevent the emergency medical 10 technician - ambulance, emergency medical technician - 11 intermediate, emergency medical technician - paramedic, 12 ambulance driver, or other medical assistance or first 13 aid personnel from performing his or her official duties, 14 or in retaliation for the emergency medical technician - 15 ambulance, emergency medical technician - intermediate, 16 emergency medical technician - paramedic, ambulance 17 driver, or other medical assistance or first aid 18 personnel performing his or her official duties; 19 (6) Discharges a firearm in the direction of a 20 vehicle he or she knows to be occupied by an emergency 21 medical technician - ambulance, emergency medical 22 technician - intermediate, emergency medical technician - 23 paramedic, ambulance driver, or other medical assistance 24 or first aid personnel, employed by a municipality or 25 other governmental unit, while the emergency medical 26 technician - ambulance, emergency medical technician - 27 intermediate, emergency medical technician - paramedic, 28 ambulance driver, or other medical assistance or first 29 aid personnel is engaged in the execution of any of his 30 or her official duties, or to prevent the emergency 31 medical technician - ambulance, emergency medical 32 technician - intermediate, emergency medical technician - 33 paramedic, ambulance driver, or other medical assistance 34 or first aid personnel from performing his or her HB1812 Engrossed -22- LRB9205349ARsb 1 official duties, or in retaliation for the emergency 2 medical technician - ambulance, emergency medical 3 technician - intermediate, emergency medical technician - 4 paramedic, ambulance driver, or other medical assistance 5 or first aid personnel performing his or her official 6 duties; or 7 (7) Discharges a firearm in the direction of a 8 person he or she knows to be a teacher or other person 9 employed in any school and the teacher or other employee 10 is upon the grounds of a school or grounds adjacent to a 11 school, or is in any part of a building used for school 12 purposes. 13 (a-5) A person commits aggravated discharge of a firearm 14 when, in furtherance of the activities of an organized gang 15 or by reason of his or her membership in or allegiance to an 16 organized gang, he or she knowingly or intentionally 17 discharges a firearm in the direction of another person or in 18 the direction of a vehicle or building he or she knows or 19 reasonably should know is occupied by another person, and the 20 firearm is discharged from a place or position outside the 21 vehicle or building. For the purposes of this subsection, 22 "organized gang" has the meaning ascribed to it in Section 10 23 of the Streetgang Terrorism Omnibus Prevention Act. 24 (b) A violation of subsection (a)(1) or subsection 25 (a)(2) of this Section is a Class 1 felony. A violation of 26 subsection (a)(1) or (a)(2) of this Section committed in a 27 school, on the real property comprising a school, within 28 1,000 feet of the real property comprising a school, at a 29 school related activity or on or within 1,000 feet of any 30 conveyance owned, leased, or contracted by a school to 31 transport students to or from school or a school related 32 activity, regardless of the time of day or time of year that 33 the offense was committed is a Class X felony. A violation of 34 subsection (a)(3), (a)(4), (a)(5), (a)(6),or(a)(7), or HB1812 Engrossed -23- LRB9205349ARsb 1 (a-5) of this Section is a Class X felony for which the 2 sentence shall be a term of imprisonment of no less than 10 3 years and not more than 45 years. 4 (c) For purposes of this Section: 5 "School" means a public or private elementary or 6 secondary school, community college, college, or university. 7 "School related activity" means any sporting, social, 8 academic, or other activity for which students' attendance or 9 participation is sponsored, organized, or funded in whole or 10 in part by a school or school district. 11 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00; 12 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; 91-696, eff. 13 4-13-00.)