101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1361

 

Introduced 2/13/2019, by Sen. Brian W. Stewart

 

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

    Amends the Criminal Code of 2012. Provides that a person also commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be 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 1 felony. Provides that a person also commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be 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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1361LRB101 08992 SLF 54085 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, Department of Children and Family Services

 

 

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1    employee, or Department of Human Services employee
2    supervising or controlling sexually dangerous persons or
3    sexually violent persons:
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        (4) Causes great bodily harm or permanent disability or
10    disfigurement to an individual 60 years of age or older.
11        (5) Strangles another individual.
12    (b) Offense based on injury to a child or person with an
13intellectual disability. A person who is at least 18 years of
14age commits aggravated battery when, in committing a battery,
15he or she knowingly and without legal justification by any
16means:
17        (1) causes great bodily harm or permanent disability or
18    disfigurement to any child under the age of 13 years, or to
19    any person with a severe or profound intellectual
20    disability; or
21        (2) causes bodily harm or disability or disfigurement
22    to any child under the age of 13 years or to any person
23    with a severe or profound intellectual disability.
24    (c) Offense based on location of conduct. A person commits
25aggravated battery when, in committing a battery, other than by
26the discharge of a firearm, he or she is or the person battered

 

 

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1is on or about a public way, public property, a public place of
2accommodation or amusement, a sports venue, or a domestic
3violence shelter.
4    (d) Offense based on status of victim. A person commits
5aggravated battery when, in committing a battery, other than by
6discharge of a firearm, he or she knows the individual battered
7to be any of the following:
8        (1) A person 60 years of age or older.
9        (2) A person who is pregnant or has a physical
10    disability.
11        (3) A teacher or school employee upon school grounds or
12    grounds adjacent to a school or in any part of a building
13    used for school purposes.
14        (4) A peace officer, community policing volunteer,
15    fireman, private security officer, correctional
16    institution employee, Department of Children and Family
17    Services employee, or Department of Human Services
18    employee supervising or controlling sexually dangerous
19    persons or sexually violent persons:
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        (5) A judge, emergency management worker, emergency
26    medical services personnel, or utility worker:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1infliction of or subjection to extreme physical pain, motivated
2by an intent to increase or prolong the pain, suffering, or
3agony of the victim.
4    Aggravated battery under subdivision (a)(5) is a Class 1
5felony if:
6        (A) the person used or attempted to use a dangerous
7    instrument while committing the offense; or
8        (B) the person caused great bodily harm or permanent
9    disability or disfigurement to the other person while
10    committing the offense; or
11        (C) the person has been previously convicted of a
12    violation of subdivision (a)(5) under the laws of this
13    State or laws similar to subdivision (a)(5) of any other
14    state.
15    Aggravated battery as defined in subdivision (e)(1) is a
16Class X felony.
17    Aggravated battery as defined in subdivision (a)(2) is a
18Class X felony for which a person shall be sentenced to a term
19of imprisonment of a minimum of 6 years and a maximum of 45
20years.
21    Aggravated battery as defined in subdivision (e)(5) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 12 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(2),
26(e)(3), or (e)(4) is a Class X felony for which a person shall

 

 

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1be sentenced to a term of imprisonment of a minimum of 15 years
2and a maximum of 60 years.
3    Aggravated battery as defined in subdivision (e)(6),
4(e)(7), or (e)(8) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 20 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (b)(1) is a
8Class X felony, except that:
9        (1) if the person committed the offense while armed
10    with a firearm, 15 years shall be added to the term of
11    imprisonment imposed by the court;
12        (2) if, during the commission of the offense, the
13    person personally discharged a firearm, 20 years shall be
14    added to the term of imprisonment imposed by the court;
15        (3) if, during the commission of the offense, the
16    person personally discharged a firearm that proximately
17    caused great bodily harm, permanent disability, permanent
18    disfigurement, or death to another person, 25 years or up
19    to a term of natural life shall be added to the term of
20    imprisonment imposed by the court.
21    (i) Definitions. For the purposes of this Section:
22    "Building or other structure used to provide shelter" has
23the meaning ascribed to "shelter" in Section 1 of the Domestic
24Violence Shelters Act.
25    "Domestic violence" has the meaning ascribed to it in
26Section 103 of the Illinois Domestic Violence Act of 1986.

 

 

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1    "Domestic violence shelter" means any building or other
2structure used to provide shelter or other services to victims
3or to the dependent children of victims of domestic violence
4pursuant to the Illinois Domestic Violence Act of 1986 or the
5Domestic Violence Shelters Act, or any place within 500 feet of
6such a building or other structure in the case of a person who
7is going to or from such a building or other structure.
8    "Firearm" has the meaning provided under Section 1.1 of the
9Firearm Owners Identification Card Act, and does not include an
10air rifle as defined by Section 24.8-0.1 of this Code.
11    "Machine gun" has the meaning ascribed to it in Section
1224-1 of this Code.
13    "Merchant" has the meaning ascribed to it in Section 16-0.1
14of this Code.
15    "Strangle" means intentionally impeding the normal
16breathing or circulation of the blood of an individual by
17applying pressure on the throat or neck of that individual or
18by blocking the nose or mouth of that individual.
19(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
20eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)