101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4322

 

Introduced 1/29/2020, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Criminal Code of 2012. Provides that aggravated battery, other than by the discharge of a firearm, includes a battery committed by a person who, at the time of the commission of the offense, is 21 years of age or older and the battery was committed upon an individual whom the person committing the offense knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, or a Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony, except if the battery causes great bodily harm or permanent disability or disfigurement to an individual, a violation is a Class 1 felony. Defines "Department of Children and Family Services employee" and "ombudsman".


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4322LRB101 15234 RLC 67231 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological
17    or chemical contaminant or agent, a radioactive substance,
18    or a bomb or explosive compound.
19        (3) Causes great bodily harm or permanent disability or
20    disfigurement to an individual whom the person knows to be
21    a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, a person performing duties related to the Adult

 

 

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1    Protective Services Act or ombudsman under the State Long
2    Term Care Ombudsman Program of the Department on Aging, or
3    Department of Human Services employee supervising or
4    controlling sexually dangerous persons or sexually violent
5    persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (3.1) Is, at the time of the commission of the offense,
12    21 years of age or older and causes great bodily harm or
13    permanent disability or disfigurement to an individual
14    whom the person knows to be a Department of Children and
15    Family Services employee:
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, or in a church, synagogue, mosque, or other
16building, structure, or place used for religious worship.
17    (d) Offense based on status of victim. A person commits
18aggravated battery when, in committing a battery, other than by
19discharge of a firearm, he or she knows the individual battered
20to be any of the following:
21        (1) A person 60 years of age or older.
22        (2) A person who is pregnant or has a physical
23    disability.
24        (3) A teacher or school employee upon school grounds or
25    grounds adjacent to a school or in any part of a building
26    used for school purposes.

 

 

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1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, correctional
3    institution employee, a person performing duties related
4    to the Adult Protective Services Act or ombudsman under the
5    State Long Term Care Ombudsman Program of the Department on
6    Aging, or Department of Human Services employee
7    supervising or controlling sexually dangerous persons or
8    sexually violent persons:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (4.1)(A) A Department of Children and Family Services
15    employee:
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; and
21        (B) the person committing the offense, at the time of
22    the commission of the offense, is 21 years of age or older.
23        (5) A judge, emergency management worker, emergency
24    medical services personnel, or utility worker:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (6) An officer or employee of the State of Illinois, a
5    unit of local government, or a school district, while
6    performing his or her official duties.
7        (7) A transit employee performing his or her official
8    duties, or a transit passenger.
9        (8) A taxi driver on duty.
10        (9) A merchant who detains the person for an alleged
11    commission of retail theft under Section 16-26 of this Code
12    and the person without legal justification by any means
13    causes bodily harm to the merchant.
14        (10) A person authorized to serve process under Section
15    2-202 of the Code of Civil Procedure or a special process
16    server appointed by the circuit court while that individual
17    is in the performance of his or her duties as a process
18    server.
19        (11) A nurse while in the performance of his or her
20    duties as a nurse.
21    (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24        (1) Discharges a firearm, other than a machine gun or a
25    firearm equipped with a silencer, and causes any injury to
26    another person.

 

 

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

 

 

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

 

 

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1    any part of a building used for school purposes.
2    (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he or
4she does any of the following:
5        (1) Uses a deadly weapon other than by discharge of a
6    firearm, or uses an air rifle as defined in Section
7    24.8-0.1 of this Code.
8        (2) Wears a hood, robe, or mask to conceal his or her
9    identity.
10        (3) Knowingly and without lawful justification shines
11    or flashes a laser gunsight or other laser device attached
12    to a firearm, or used in concert with a firearm, so that
13    the laser beam strikes upon or against the person of
14    another.
15        (4) Knowingly video or audio records the offense with
16    the intent to disseminate the recording.
17    (g) Offense based on certain conduct. A person commits
18aggravated battery when, other than by discharge of a firearm,
19he or she does any of the following:
20        (1) Violates Section 401 of the Illinois Controlled
21    Substances Act by unlawfully delivering a controlled
22    substance to another and any user experiences great bodily
23    harm or permanent disability as a result of the injection,
24    inhalation, or ingestion of any amount of the controlled
25    substance.
26        (2) Knowingly administers to an individual or causes

 

 

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1    him or her to take, without his or her consent or by threat
2    or deception, and for other than medical purposes, any
3    intoxicating, poisonous, stupefying, narcotic, anesthetic,
4    or controlled substance, or gives to another person any
5    food containing any substance or object intended to cause
6    physical injury if eaten.
7        (3) Knowingly causes or attempts to cause a
8    correctional institution employee or Department of Human
9    Services employee to come into contact with blood, seminal
10    fluid, urine, or feces by throwing, tossing, or expelling
11    the fluid or material, and the person is an inmate of a
12    penal institution or is a sexually dangerous person or
13    sexually violent person in the custody of the Department of
14    Human Services.
15    (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17    Aggravated battery as defined in subdivision (a)(4),
18(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3),
20(a)(3.1), or (g)(1) is a Class 1 felony.
21    Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain, motivated
26by an intent to increase or prolong the pain, suffering, or

 

 

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1agony of the victim.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8    Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10        (A) the person used or attempted to use a dangerous
11    instrument while committing the offense; or
12        (B) the person caused great bodily harm or permanent
13    disability or disfigurement to the other person while
14    committing the offense; or
15        (C) the person has been previously convicted of a
16    violation of subdivision (a)(5) under the laws of this
17    State or laws similar to subdivision (a)(5) of any other
18    state.
19    Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21    Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

 

 

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1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13        (1) if the person committed the offense while armed
14    with a firearm, 15 years shall be added to the term of
15    imprisonment imposed by the court;
16        (2) if, during the commission of the offense, the
17    person personally discharged a firearm, 20 years shall be
18    added to the term of imprisonment imposed by the court;
19        (3) if, during the commission of the offense, the
20    person personally discharged a firearm that proximately
21    caused great bodily harm, permanent disability, permanent
22    disfigurement, or death to another person, 25 years or up
23    to a term of natural life shall be added to the term of
24    imprisonment imposed by the court.
25    (i) Definitions. In this Section:
26    "Building or other structure used to provide shelter" has

 

 

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1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3    "Department of Children and Family Services employee"
4includes a worker, case worker, or investigator employed by an
5agency or organization providing social work, case work, or
6investigative services under a contract with or a grant from
7the Department of Children and Family Services.
8    "Domestic violence" has the meaning ascribed to it in
9Section 103 of the Illinois Domestic Violence Act of 1986.
10    "Domestic violence shelter" means any building or other
11structure used to provide shelter or other services to victims
12or to the dependent children of victims of domestic violence
13pursuant to the Illinois Domestic Violence Act of 1986 or the
14Domestic Violence Shelters Act, or any place within 500 feet of
15such a building or other structure in the case of a person who
16is going to or from such a building or other structure.
17    "Firearm" has the meaning provided under Section 1.1 of the
18Firearm Owners Identification Card Act, and does not include an
19air rifle as defined by Section 24.8-0.1 of this Code.
20    "Machine gun" has the meaning ascribed to it in Section
2124-1 of this Code.
22    "Merchant" has the meaning ascribed to it in Section 16-0.1
23of this Code.
24    "Ombudsman" has the meaning ascribed to it in paragraph
25(3.1) of subsection (b) of Section 4.04 of the Illinois Act on
26the Aging.

 

 

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1    "Strangle" means intentionally impeding the normal
2breathing or circulation of the blood of an individual by
3applying pressure on the throat or neck of that individual or
4by blocking the nose or mouth of that individual.
5(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)