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Public Act 095-0236


 

Public Act 0236 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0236
 
HB0251 Enrolled LRB095 02509 RLC 22511 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-2, 12-4, 12-4.2, and 12-4.2-5 as follows:
 
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) A person commits an aggravated assault, when, in
committing an assault, he:
        (1) Uses a deadly weapon or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm, other than by discharging a firearm in the
    direction of another person, a peace officer, a person
    summoned or directed by a peace officer, a correctional
    officer, a private security officer, or a fireman or in the
    direction of a vehicle occupied by another person, a peace
    officer, a person summoned or directed by a peace officer,
    a correctional officer, a private security officer, or a
    fireman while the officer or fireman is engaged in the
    execution of any of his official duties, or to prevent the
    officer or fireman from performing his official duties, or
    in retaliation for the officer or fireman performing his
    official duties;
        (2) Is hooded, robed or masked in such manner as to
    conceal his identity or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm;
        (3) Knows the individual assaulted to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) Knows the individual assaulted to be a supervisor,
    director, instructor or other person employed in any park
    district and such supervisor, director, instructor or
    other employee is upon the grounds of the park or grounds
    adjacent thereto, or is in any part of a building used for
    park purposes;
        (5) Knows the individual assaulted to be a caseworker,
    investigator, or other person employed by the Department of
    Healthcare and Family Services (formerly State Department
    of Public Aid), a County Department of Public Aid, or the
    Department of Human Services (acting as successor to the
    Illinois Department of Public Aid under the Department of
    Human Services Act) and such caseworker, investigator, or
    other person is upon the grounds of a public aid office or
    grounds adjacent thereto, or is in any part of a building
    used for public aid purposes, or upon the grounds of a home
    of a public aid applicant, recipient or any other person
    being interviewed or investigated in the employees'
    discharge of his duties, or on grounds adjacent thereto, or
    is in any part of a building in which the applicant,
    recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
    officer, or a community policing volunteer, a private
    security officer, or a fireman while the officer or fireman
    is engaged in the execution of any of his official duties,
    or to prevent the officer, community policing volunteer, or
    fireman from performing his official duties, or in
    retaliation for the officer, community policing volunteer,
    or fireman performing his official duties, and the assault
    is committed other than by the discharge of a firearm in
    the direction of the officer or fireman or in the direction
    of a vehicle occupied by the officer or fireman;
        (7) Knows the individual assaulted to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver or other medical assistance or
    first aid personnel engaged in the execution of any of his
    official duties, or to prevent the emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel from performing his official duties, or in
    retaliation for the emergency medical technician -
    ambulance, emergency medical technician - intermediate,
    emergency medical technician - paramedic, ambulance
    driver, or other medical assistance or first aid personnel
    performing his official duties;
        (8) Knows the individual assaulted to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (9) Or the individual assaulted is on or about a public
    way, public property, or public place of accommodation or
    amusement;
        (9.5) Is, or the individual assaulted is, in or about a
    publicly or privately owned sports or entertainment arena,
    stadium, community or convention hall, special event
    center, amusement facility, or a special event center in a
    public park during any 24-hour period when a professional
    sporting event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (10) Knows the individual assaulted to be an employee
    of the State of Illinois, a municipal corporation therein
    or a political subdivision thereof, engaged in the
    performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
    commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
    commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm;
        (14) Knows the individual assaulted to be a
    correctional officer, while the officer is engaged in the
    execution of any of his or her official duties, or to
    prevent the officer from performing his or her official
    duties, or in retaliation for the officer performing his or
    her official duties;
        (15) Knows the individual assaulted to be a
    correctional employee or an employee of the Department of
    Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons, while the
    employee is engaged in the execution of any of his or her
    official duties, or to prevent the employee from performing
    his or her official duties, or in retaliation for the
    employee performing his or her official duties, and the
    assault is committed other than by the discharge of a
    firearm in the direction of the employee or in the
    direction of a vehicle occupied by the employee;
        (16) Knows the individual assaulted to be an employee
    of a police or sheriff's department engaged in the
    performance of his or her official duties as such employee;
    or
        (17) Knows the individual assaulted to be a sports
    official or coach at any level of competition and the act
    causing the assault to the sports official or coach
    occurred within an athletic facility or an indoor or
    outdoor playing field or within the immediate vicinity of
    the athletic facility or an indoor or outdoor playing field
    at which the sports official or coach was an active
    participant in the athletic contest held at the athletic
    facility. For the purposes of this paragraph (17), "sports
    official" means a person at an athletic contest who
    enforces the rules of the contest, such as an umpire or
    referee; and "coach" means a person recognized as a coach
    by the sanctioning authority that conducted the athletic
    contest; or .
        (18) Knows the individual assaulted to be an emergency
    management worker, while the emergency management worker
    is engaged in the execution of any of his or her official
    duties, or to prevent the emergency management worker from
    performing his or her official duties, or in retaliation
    for the emergency management worker performing his or her
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the
    emergency management worker or in the direction of a
    vehicle occupied by the emergency management worker.
    (a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) of subsection (a) of this Section
is a Class A misdemeanor. Aggravated assault as defined in
paragraphs (13), (14), and (15) of subsection (a) of this
Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs
(6), (7), (16), and (18) of subsection (a) of this Section is a
Class A misdemeanor if a firearm is not used in the commission
of the assault. Aggravated assault as defined in paragraphs
(6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the
assault.
    (c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004.
(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
eff. 1-1-06; revised 12-15-05.)
 
    (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
    Sec. 12-4. Aggravated Battery.
    (a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated
battery if he or she:
        (1) Uses a deadly weapon other than by the discharge of
    a firearm;
        (2) Is hooded, robed or masked, in such manner as to
    conceal his identity;
        (3) Knows the individual harmed to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) (Blank);
        (5) (Blank);
        (6) Knows the individual harmed to be a community
    policing volunteer while such volunteer is engaged in the
    execution of any official duties, or to prevent the
    volunteer from performing official duties, or in
    retaliation for the volunteer performing official duties,
    and the battery is committed other than by the discharge of
    a firearm;
        (7) Knows the individual harmed to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, other medical assistance,
    first aid personnel, or hospital personnel engaged in the
    performance of any of his or her official duties, or to
    prevent the emergency medical technician - ambulance,
    emergency medical technician - intermediate, emergency
    medical technician - paramedic, ambulance driver, other
    medical assistance, first aid personnel, or hospital
    personnel from performing official duties, or in
    retaliation for performing official duties;
        (8) Is, or the person battered is, on or about a public
    way, public property or public place of accommodation or
    amusement;
        (8.5) Is, or the person battered is, on a publicly or
    privately owned sports or entertainment arena, stadium,
    community or convention hall, special event center,
    amusement facility, or a special event center in a public
    park during any 24-hour period when a professional sporting
    event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (9) Knows the individual harmed to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (10) Knows the individual harmed to be an individual of
    60 years of age or older;
        (11) Knows the individual harmed is pregnant;
        (12) Knows the individual harmed to be a judge whom the
    person intended to harm as a result of the judge's
    performance of his or her official duties as a judge;
        (13) (Blank);
        (14) Knows the individual harmed to be a person who is
    physically handicapped;
        (15) Knowingly and without legal justification and by
    any means causes bodily harm to a merchant who detains the
    person for an alleged commission of retail theft under
    Section 16A-5 of this Code. In this item (15), "merchant"
    has the meaning ascribed to it in Section 16A-2.4 of this
    Code;
        (16) Is, or the person battered is, in any building or
    other structure used to provide shelter or other services
    to victims or to the dependent children of victims of
    domestic violence pursuant to the Illinois Domestic
    Violence Act of 1986 or the Domestic Violence Shelters Act,
    or the person battered is within 500 feet of such a
    building or other structure while going to or from such a
    building or other structure. "Domestic violence" has the
    meaning ascribed to it in Section 103 of the Illinois
    Domestic Violence Act of 1986. "Building or other structure
    used to provide shelter" has the meaning ascribed to
    "shelter" in Section 1 of the Domestic Violence Shelters
    Act;
        (17) (Blank); or
        (18) Knows the individual harmed to be an officer or
    employee of the State of Illinois, a unit of local
    government, or school district engaged in the performance
    of his or her authorized duties as such officer or
    employee; .
        (19) (18) Knows the individual harmed to be an
    emergency management worker engaged in the performance of
    any of his or her official duties, or to prevent the
    emergency management worker from performing official
    duties, or in retaliation for the emergency management
    worker performing official duties; or .
        (20) Knows the individual harmed to be a private
    security officer engaged in the performance of any of his
    or her official duties, or to prevent the private security
    officer from performing official duties, or in retaliation
    for the private security officer performing official
    duties.
    For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
    For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004.
    (c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
    (d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
    (d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
    (d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
    (e) Sentence.
        (1) Except as otherwise provided in paragraphs (2) and
    (3), aggravated battery is a Class 3 felony.
        (2) Aggravated battery that does not cause great bodily
    harm or permanent disability or disfigurement is a Class 2
    felony when the person knows the individual harmed to be a
    peace officer, a community policing volunteer, a private
    security officer, a correctional institution employee, an
    employee of the Department of Human Services supervising or
    controlling sexually dangerous persons or sexually violent
    persons, or a fireman while such officer, volunteer,
    employee, or fireman is engaged in the execution of any
    official duties including arrest or attempted arrest, or to
    prevent the officer, volunteer, employee, or fireman from
    performing official duties, or in retaliation for the
    officer, volunteer, employee, or fireman performing
    official duties, and the battery is committed other than by
    the discharge of a firearm.
        (3) Aggravated battery that causes great bodily harm or
    permanent disability or disfigurement in violation of
    subsection (a) is a Class 1 felony when the person knows
    the individual harmed to be a peace officer, a community
    policing volunteer, a private security officer, a
    correctional institution employee, an employee of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    a fireman while such officer, volunteer, employee, or
    fireman is engaged in the execution of any official duties
    including arrest or attempted arrest, or to prevent the
    officer, volunteer, employee, or fireman from performing
    official duties, or in retaliation for the officer,
    volunteer, employee, or fireman performing official
    duties, and the battery is committed other than by the
    discharge of a firearm.
(Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
94-482, eff. 1-1-06; revised 8-19-05.)
 
    (720 ILCS 5/12-4.2)  (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2. Aggravated Battery with a firearm.
    (a) A person commits aggravated battery with a firearm when
he, in committing a battery, knowingly or intentionally by
means of the discharging of a firearm (1) causes any injury to
another person, or (2) causes any injury to a person he knows
to be a peace officer, a private security officer, a community
policing volunteer, a correctional institution employee or a
fireman while the officer, volunteer, employee or fireman is
engaged in the execution of any of his official duties, or to
prevent the officer, volunteer, employee or fireman from
performing his official duties, or in retaliation for the
officer, volunteer, employee or fireman performing his
official duties, or (3) causes any injury to a person he knows
to be an emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality
or other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel from performing
his official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel performing his official duties, (4) causes any injury
to a person he or she knows to be a teacher or other person
employed in a school and the teacher or other employee is upon
grounds of a school or grounds adjacent to a school, or is in
any part of a building used for school purposes, or (5) causes
any injury to a person he or she knows to be an emergency
management worker while the emergency management worker is
engaged in the execution of any of his or her official duties,
or to prevent the emergency management worker from performing
his or her official duties, or in retaliation for the emergency
management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) of this Section is a
Class X felony. A violation of subsection (a)(2), subsection
(a)(3), subsection (a)(4), or subsection (a)(5) of this Section
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 15 years and no more than 60
years.
    (c) For purposes of this Section: , "firearm"
        "Firearm" is defined as in the Firearm Owners
    Identification Card Act "An Act relating to the
    acquisition, possession and transfer of firearms and
    firearm ammunition, to provide a penalty for the violation
    thereof and to make an appropriation in connection
    therewith", approved August 1, 1967, as amended.
        "Private security officer" means a registered employee
    of a private security contractor agency under the Private
    Detective, Private Alarm, Private Security, and Locksmith
    Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06.)
 
    (720 ILCS 5/12-4.2-5)
    Sec. 12-4.2-5. Aggravated battery with a machine gun or a
firearm equipped with any device or attachment designed or used
for silencing the report of a firearm.    (a) A person commits
aggravated battery with a machine gun or a firearm equipped
with a device designed or used for silencing the report of a
firearm when he or she, in committing a battery, knowingly or
intentionally by means of the discharging of a machine gun or a
firearm equipped with a device designed or used for silencing
the report of a firearm (1) causes any injury to another
person, or (2) causes any injury to a person he or she knows to
be a peace officer, a private security officer, a person
summoned by a peace officer, a correctional institution
employee or a fireman while the officer, employee or fireman is
engaged in the execution of any of his or her official duties,
or to prevent the officer, employee or fireman from performing
his or her official duties, or in retaliation for the officer,
employee or fireman performing his or her official duties, or
(3) causes any injury to a person he or she knows to be an
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or
first aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel is engaged in
the execution of any of his or her official duties, or to
prevent the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel from performing his or her
official duties, or in retaliation for the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel performing his or her official duties, or (4) causes
any injury to a person he or she knows to be an emergency
management worker while the emergency management worker is
engaged in the execution of any of his or her official duties,
or to prevent the emergency management worker from performing
his or her official duties, or in retaliation for the emergency
management worker performing his or her official duties.
    (b) A violation of subsection (a) (1) of this Section is a
Class X felony for which the person shall be sentenced to a
term of imprisonment of no less than 12 years and no more than
45 years. A violation of subsection (a) (2), subsection (a)
(3), or subsection (a) (4) of this Section is a Class X felony
for which the sentence shall be a term of imprisonment of no
less than 20 years and no more than 60 years.
    (c) For purposes of this Section, "firearm" is defined as
in the Firearm Owners Identification Card Act.
    (d) For purposes of this Section: , "machine
        "Machine gun" has the meaning ascribed to it in clause
    (i) of paragraph (7) of subsection (a) of Section 24-1 of
    this Code.
        "Private security officer" means a registered employee
    of a private security contractor agency under the Private
    Detective, Private Alarm, Private Security, and Locksmith
    Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06.)

Effective Date: 1/1/2008