State of Illinois
91st General Assembly
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Public Act 91-0488

HB0734 Enrolled                                LRB9102575RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 12-4.

    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 Section 12-4 as follows:

    (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)  Knows the individual harmed 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 harmed to be a caseworker,
    investigator,  or  other  person  employed  by  the 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 employee's 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  harmed  to  be  a peace
    officer, a community policing volunteer,  a  correctional
    institution  employee,  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;
         (7)  Knows the individual harmed 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 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,  or  other
    medical assistance or first aid 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;
         (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)  Knowingly  and without legal justification and
    by any means causes bodily harm to 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)  Knows the individual harmed to be an  employee
    of   the  Illinois  Department  of  Children  and  Family
    Services engaged in the  performance  of  his  authorized
    duties as such employee;
         (14)  Knows the individual harmed to be a person who
    is physically handicapped; or
         (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.
    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.
    (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-5)  An inmate of a penal  institution  who  causes  or
attempts  to  cause  a  correctional  employee  of  the penal
institution 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.
    Aggravated battery is a Class 3 felony.
(Source: P.A.  89-507,  eff.  7-1-97;  90-115,  eff.  1-1-98;
90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)

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