Sen. Chapin Rose

Filed: 4/24/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 997

2    AMENDMENT NO. ______. Amend Senate Bill 997 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-3.05 as follows:
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability or
13    disfigurement.
14        (1.5) Causes permanent disability or disfigurement, or
15    causes physical impairment or loss, which is of a permanent
16    nature, and which substantially limits physical ability or

 

 

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1    motor skills, including, but not limited to, loss or
2    reduction in sight, hearing, or the loss of function or
3    absence of a limb, limbs, appendage, or appendages.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability or
10    disfigurement to an individual whom the person knows to be
11    a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability or
22    disfigurement to an individual 60 years of age or older.
23        (5) Strangles another individual.
24    (b) Offense based on injury to a child or person with an
25intellectual disability. A person who is at least 18 years of
26age commits aggravated battery when, in committing a battery,

 

 

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1he or she knowingly and without legal justification by any
2means:
3        (1) causes great bodily harm or permanent disability or
4    disfigurement to any child under the age of 13 years, or to
5    any person with a severe or profound intellectual
6    disability; or
7        (2) causes bodily harm or disability or disfigurement
8    to any child under the age of 13 years or to any person
9    with a severe or profound intellectual disability.
10    (c) Offense based on location of conduct. A person commits
11aggravated battery when, in committing a battery, other than by
12the discharge of a firearm, he or she is or the person battered
13is on or about a public way, public property, a public place of
14accommodation or amusement, a sports venue, or a domestic
15violence shelter.
16    (d) Offense based on status of victim. A person commits
17aggravated battery when, in committing a battery, other than by
18discharge of a firearm, he or she knows the individual battered
19to be any of the following:
20        (1) A person 60 years of age or older.
21        (2) A person who is pregnant or has a physical
22    disability.
23        (3) A teacher or school employee upon school grounds or
24    grounds adjacent to a school or in any part of a building
25    used for school purposes.
26        (4) A peace officer, community policing volunteer,

 

 

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1    fireman, private security officer, correctional
2    institution employee, or Department of Human Services
3    employee supervising or controlling sexually dangerous
4    persons or sexually violent persons:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (5) A judge, emergency management worker, emergency
11    medical services personnel, or utility worker:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (6) An officer or employee of the State of Illinois, a
18    unit of local government, or a school district, while
19    performing his or her official duties.
20        (7) A transit employee performing his or her official
21    duties, or a transit passenger.
22        (8) A taxi driver on duty.
23        (9) A merchant who detains the person for an alleged
24    commission of retail theft under Section 16-26 of this Code
25    and the person without legal justification by any means
26    causes bodily harm to the merchant.

 

 

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1        (10) A person authorized to serve process under Section
2    2-202 of the Code of Civil Procedure or a special process
3    server appointed by the circuit court while that individual
4    is in the performance of his or her duties as a process
5    server.
6        (11) A nurse while in the performance of his or her
7    duties as a nurse.
8    (e) Offense based on use of a firearm. A person commits
9aggravated battery when, in committing a battery, he or she
10knowingly does any of the following:
11        (1) Discharges a firearm, other than a machine gun or a
12    firearm equipped with a silencer, and causes any injury to
13    another person.
14        (2) Discharges a firearm, other than a machine gun or a
15    firearm equipped with a silencer, and causes any injury to
16    a person he or she knows to be a peace officer, community
17    policing volunteer, person summoned by a police officer,
18    fireman, private security officer, correctional
19    institution employee, or emergency management worker:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (3) Discharges a firearm, other than a machine gun or a
26    firearm equipped with a silencer, and causes any injury to

 

 

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1    a person he or she knows to be emergency medical services
2    personnel:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (4) Discharges a firearm and causes any injury to a
9    person he or she knows to be a teacher, a student in a
10    school, or a school employee, and the teacher, student, or
11    employee is upon school grounds or grounds adjacent to a
12    school or in any part of a building used for school
13    purposes.
14        (5) Discharges a machine gun or a firearm equipped with
15    a silencer, and causes any injury to another person.
16        (6) Discharges a machine gun or a firearm equipped with
17    a silencer, and causes any injury to a person he or she
18    knows to be a peace officer, community policing volunteer,
19    person summoned by a police officer, fireman, private
20    security officer, correctional institution employee or
21    emergency management worker:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

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1        (7) Discharges a machine gun or a firearm equipped with
2    a silencer, and causes any injury to a person he or she
3    knows to be emergency medical services personnel:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (8) Discharges a machine gun or a firearm equipped with
10    a silencer, and causes any injury to a person he or she
11    knows to be a teacher, or a student in a school, or a
12    school employee, and the teacher, student, or employee is
13    upon school grounds or grounds adjacent to a school or in
14    any part of a building used for school purposes.
15    (f) Offense based on use of a weapon or device. A person
16commits aggravated battery when, in committing a battery, he or
17she does any of the following:
18        (1) Uses a deadly weapon other than by discharge of a
19    firearm, or uses an air rifle as defined in Section
20    24.8-0.1 of this Code.
21        (2) Wears a hood, robe, or mask to conceal his or her
22    identity.
23        (3) Knowingly and without lawful justification shines
24    or flashes a laser gunsight or other laser device attached
25    to a firearm, or used in concert with a firearm, so that
26    the laser beam strikes upon or against the person of

 

 

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1    another.
2        (4) Knowingly video or audio records the offense with
3    the intent to disseminate the recording.
4    (g) Offense based on certain conduct. A person commits
5aggravated battery when, other than by discharge of a firearm,
6he or she does any of the following:
7        (1) Violates Section 401 of the Illinois Controlled
8    Substances Act by unlawfully delivering a controlled
9    substance to another and any user experiences great bodily
10    harm or permanent disability as a result of the injection,
11    inhalation, or ingestion of any amount of the controlled
12    substance.
13        (2) Knowingly administers to an individual or causes
14    him or her to take, without his or her consent or by threat
15    or deception, and for other than medical purposes, any
16    intoxicating, poisonous, stupefying, narcotic, anesthetic,
17    or controlled substance, or gives to another person any
18    food containing any substance or object intended to cause
19    physical injury if eaten.
20        (3) Knowingly causes or attempts to cause a
21    correctional institution employee or Department of Human
22    Services employee to come into contact with blood, seminal
23    fluid, urine, or feces by throwing, tossing, or expelling
24    the fluid or material, and the person is an inmate of a
25    penal institution or is a sexually dangerous person or
26    sexually violent person in the custody of the Department of

 

 

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1    Human Services.
2    (h) Sentence. Unless otherwise provided, aggravated
3battery is a Class 3 felony.
4    Aggravated battery as defined in subdivision (a)(4),
5(d)(4), or (g)(3) is a Class 2 felony.
6    Aggravated battery as defined in subdivision (a)(3) or
7(g)(1) is a Class 1 felony.
8    Aggravated battery as defined in subdivision (a)(1.5) is a
9Class 1 felony.
10    Aggravated battery as defined in subdivision (a)(1) is a
11Class 1 felony when the aggravated battery was intentional and
12involved the infliction of torture, as defined in paragraph
13(14) of subsection (b) of Section 9-1 of this Code, as the
14infliction of or subjection to extreme physical pain, motivated
15by an intent to increase or prolong the pain, suffering, or
16agony of the victim.
17    Aggravated battery under subdivision (a)(5) is a Class 1
18felony if:
19        (A) the person used or attempted to use a dangerous
20    instrument while committing the offense; or
21        (B) the person caused great bodily harm or permanent
22    disability or disfigurement to the other person while
23    committing the offense; or
24        (C) the person has been previously convicted of a
25    violation of subdivision (a)(5) under the laws of this
26    State or laws similar to subdivision (a)(5) of any other

 

 

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1    state.
2    Aggravated battery as defined in subdivision (e)(1) is a
3Class X felony.
4    Aggravated battery as defined in subdivision (a)(2) is a
5Class X felony for which a person shall be sentenced to a term
6of imprisonment of a minimum of 6 years and a maximum of 45
7years.
8    Aggravated battery as defined in subdivision (e)(5) is a
9Class X felony for which a person shall be sentenced to a term
10of imprisonment of a minimum of 12 years and a maximum of 45
11years.
12    Aggravated battery as defined in subdivision (e)(2),
13(e)(3), or (e)(4) is a Class X felony for which a person shall
14be sentenced to a term of imprisonment of a minimum of 15 years
15and a maximum of 60 years.
16    Aggravated battery as defined in subdivision (e)(6),
17(e)(7), or (e)(8) is a Class X felony for which a person shall
18be sentenced to a term of imprisonment of a minimum of 20 years
19and a maximum of 60 years.
20    Aggravated battery as defined in subdivision (b)(1) is a
21Class X felony, except that:
22        (1) if the person committed the offense while armed
23    with a firearm, 15 years shall be added to the term of
24    imprisonment imposed by the court;
25        (2) if, during the commission of the offense, the
26    person personally discharged a firearm, 20 years shall be

 

 

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1    added to the term of imprisonment imposed by the court;
2        (3) if, during the commission of the offense, the
3    person personally discharged a firearm that proximately
4    caused great bodily harm, permanent disability, permanent
5    disfigurement, or death to another person, 25 years or up
6    to a term of natural life shall be added to the term of
7    imprisonment imposed by the court.
8    (i) Definitions. For the purposes of this Section:
9    "Building or other structure used to provide shelter" has
10the meaning ascribed to "shelter" in Section 1 of the Domestic
11Violence Shelters Act.
12    "Domestic violence" has the meaning ascribed to it in
13Section 103 of the Illinois Domestic Violence Act of 1986.
14    "Domestic violence shelter" means any building or other
15structure used to provide shelter or other services to victims
16or to the dependent children of victims of domestic violence
17pursuant to the Illinois Domestic Violence Act of 1986 or the
18Domestic Violence Shelters Act, or any place within 500 feet of
19such a building or other structure in the case of a person who
20is going to or from such a building or other structure.
21    "Firearm" has the meaning provided under Section 1.1 of the
22Firearm Owners Identification Card Act, and does not include an
23air rifle as defined by Section 24.8-0.1 of this Code.
24    "Machine gun" has the meaning ascribed to it in Section
2524-1 of this Code.
26    "Merchant" has the meaning ascribed to it in Section 16-0.1

 

 

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1of this Code.
2    "Strangle" means intentionally impeding the normal
3breathing or circulation of the blood of an individual by
4applying pressure on the throat or neck of that individual or
5by blocking the nose or mouth of that individual.
6(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
7eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)".