102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1909

 

Introduced 2/26/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-0.1
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends Criminal Code of 2012. Defines "servicemember" and "veteran". Provides that a person commits aggravated assault or aggravated battery when he or she commits an assault or a battery against a servicemember or veteran. Provides that an aggravated assault committed against a servicemember or veteran without legal justification is a Class A misdemeanor. Provides that an aggravated battery committed against a servicemember or veteran is a Class 3 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1909LRB102 17263 KMF 22735 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
5changing Sections 12-0.1, 12-2, and 12-3.05 as follows:
 
6    (720 ILCS 5/12-0.1)
7    Sec. 12-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise:
9    "Bona fide labor dispute" means any controversy concerning
10wages, salaries, hours, working conditions, or benefits,
11including health and welfare, sick leave, insurance, and
12pension or retirement provisions, the making or maintaining of
13collective bargaining agreements, and the terms to be included
14in those agreements.
15    "Coach" means a person recognized as a coach by the
16sanctioning authority that conducts an athletic contest.
17    "Correctional institution employee" means a person
18employed by a penal institution.
19    "Emergency medical services personnel" has the meaning
20specified in Section 3.5 of the Emergency Medical Services
21(EMS) Systems Act and shall include all ambulance crew
22members, including drivers or pilots.
23    "Family or household members" include spouses, former

 

 

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1spouses, parents, children, stepchildren, and other persons
2related by blood or by present or prior marriage, persons who
3share or formerly shared a common dwelling, persons who have
4or allegedly have a child in common, persons who share or
5allegedly share a blood relationship through a child, persons
6who have or have had a dating or engagement relationship,
7persons with disabilities and their personal assistants, and
8caregivers as defined in Section 12-4.4a of this Code. For
9purposes of this Article, neither a casual acquaintanceship
10nor ordinary fraternization between 2 individuals in business
11or social contexts shall be deemed to constitute a dating
12relationship.
13    "In the presence of a child" means in the physical
14presence of a child or knowing or having reason to know that a
15child is present and may see or hear an act constituting an
16offense.
17    "Park district employee" means a supervisor, director,
18instructor, or other person employed by a park district.
19    "Person with a physical disability" means a person who
20suffers from a permanent and disabling physical
21characteristic, resulting from disease, injury, functional
22disorder, or congenital condition.
23    "Private security officer" means a registered employee of
24a private security contractor agency under the Private
25Detective, Private Alarm, Private Security, Fingerprint
26Vendor, and Locksmith Act of 2004.

 

 

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1    "Probation officer" means a person as defined in the
2Probation and Probation Officers Act.
3    "Servicemember" means a person who is currently serving in
4the Army, Air Force, Marines, Navy, or Coast Guard on active
5duty, reserve status, or in the National Guard.
6    "Sports official" means a person at an athletic contest
7who enforces the rules of the contest, such as an umpire or
8referee.
9    "Sports venue" means a publicly or privately owned sports
10or entertainment arena, stadium, community or convention hall,
11special event center, or amusement facility, or a special
12event center in a public park, during the 12 hours before or
13after the sanctioned sporting event.
14    "Streetgang", "streetgang member", and "criminal street
15gang" have the meanings ascribed to those terms in Section 10
16of the Illinois Streetgang Terrorism Omnibus Prevention Act.
17    "Transit employee" means a driver, operator, or employee
18of any transportation facility or system engaged in the
19business of transporting the public for hire.
20    "Transit passenger" means a passenger of any
21transportation facility or system engaged in the business of
22transporting the public for hire, including a passenger using
23any area designated by a transportation facility or system as
24a vehicle boarding, departure, or transfer location.
25    "Utility worker" means any of the following:
26        (1) A person employed by a public utility as defined

 

 

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1    in Section 3-105 of the Public Utilities Act.
2        (2) An employee of a municipally owned utility.
3        (3) An employee of a cable television company.
4        (4) An employee of an electric cooperative as defined
5    in Section 3-119 of the Public Utilities Act.
6        (5) An independent contractor or an employee of an
7    independent contractor working on behalf of a cable
8    television company, public utility, municipally owned
9    utility, or electric cooperative.
10        (6) An employee of a telecommunications carrier as
11    defined in Section 13-202 of the Public Utilities Act, or
12    an independent contractor or an employee of an independent
13    contractor working on behalf of a telecommunications
14    carrier.
15        (7) An employee of a telephone or telecommunications
16    cooperative as defined in Section 13-212 of the Public
17    Utilities Act, or an independent contractor or an employee
18    of an independent contractor working on behalf of a
19    telephone or telecommunications cooperative.
20    "Veteran" means a former servicemember who was discharged
21or released from service under conditions other than
22dishonorable.
23(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
24    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
25    Sec. 12-2. Aggravated assault.

 

 

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1    (a) Offense based on location of conduct. A person commits
2aggravated assault when he or she commits an assault against
3an individual who is on or about a public way, public property,
4a public place of accommodation or amusement, or a sports
5venue, or in a church, synagogue, mosque, or other building,
6structure, or place used for religious worship.
7    (b) Offense based on status of victim. A person commits
8aggravated assault when, in committing an assault, he or she
9knows the individual assaulted to be any of the following:
10        (1) A person with a physical disability or a person 60
11    years of age or older and the assault is without legal
12    justification.
13        (1.5) A servicemember or veteran and the assault is
14    without legal justification.
15        (2) A teacher or school employee upon school grounds
16    or grounds adjacent to a school or in any part of a
17    building used for school purposes.
18        (3) A park district employee upon park grounds or
19    grounds adjacent to a park or in any part of a building
20    used for park purposes.
21        (4) A community policing volunteer, private security
22    officer, or utility worker:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or
25        her official duties; or
26            (iii) assaulted in retaliation for performing his

 

 

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1        or her official duties.
2        (4.1) A peace officer, fireman, emergency management
3    worker, or emergency medical services personnel:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or
6        her official duties; or
7            (iii) assaulted in retaliation for performing his
8        or her official duties.
9        (5) A correctional officer or probation officer:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or
12        her official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (6) A correctional institution employee, a county
16    juvenile detention center employee who provides direct and
17    continuous supervision of residents of a juvenile
18    detention center, including a county juvenile detention
19    center employee who supervises recreational activity for
20    residents of a juvenile detention center, or a Department
21    of Human Services employee, Department of Human Services
22    officer, or employee of a subcontractor of the Department
23    of Human Services supervising or controlling sexually
24    dangerous persons or sexually violent persons:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or

 

 

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1        her official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (7) An employee of the State of Illinois, a municipal
5    corporation therein, or a political subdivision thereof,
6    performing his or her official duties.
7        (8) A transit employee performing his or her official
8    duties, or a transit passenger.
9        (9) A sports official or coach actively participating
10    in any level of athletic competition within a sports
11    venue, on an indoor playing field or outdoor playing
12    field, or within the immediate vicinity of such a facility
13    or field.
14        (10) A person authorized to serve process under
15    Section 2-202 of the Code of Civil Procedure or a special
16    process server appointed by the circuit court, while that
17    individual is in the performance of his or her duties as a
18    process server.
19    (c) Offense based on use of firearm, device, or motor
20vehicle. A person commits aggravated assault when, in
21committing an assault, he or she does any of the following:
22        (1) Uses a deadly weapon, an air rifle as defined in
23    Section 24.8-0.1 of this Act, or any device manufactured
24    and designed to be substantially similar in appearance to
25    a firearm, other than by discharging a firearm.
26        (2) Discharges a firearm, other than from a motor

 

 

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1    vehicle.
2        (3) Discharges a firearm from a motor vehicle.
3        (4) Wears a hood, robe, or mask to conceal his or her
4    identity.
5        (5) Knowingly and without lawful justification shines
6    or flashes a laser gun sight or other laser device
7    attached to a firearm, or used in concert with a firearm,
8    so that the laser beam strikes near or in the immediate
9    vicinity of any person.
10        (6) Uses a firearm, other than by discharging the
11    firearm, against a peace officer, community policing
12    volunteer, fireman, private security officer, emergency
13    management worker, emergency medical services personnel,
14    employee of a police department, employee of a sheriff's
15    department, or traffic control municipal employee:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or
18        her official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (7) Without justification operates a motor vehicle in
22    a manner which places a person, other than a person listed
23    in subdivision (b)(4), in reasonable apprehension of being
24    struck by the moving motor vehicle.
25        (8) Without justification operates a motor vehicle in
26    a manner which places a person listed in subdivision

 

 

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1    (b)(4), in reasonable apprehension of being struck by the
2    moving motor vehicle.
3        (9) Knowingly video or audio records the offense with
4    the intent to disseminate the recording.
5    (d) Sentence. Aggravated assault as defined in subdivision
6(a), (b)(1), (b)(1.5), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8),
7(b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
8except that aggravated assault as defined in subdivision
9(b)(4) and (b)(7) is a Class 4 felony if a Category I, Category
10II, or Category III weapon is used in the commission of the
11assault. Aggravated assault as defined in subdivision
12(b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or
13(c)(7) is a Class 4 felony. Aggravated assault as defined in
14subdivision (c)(3) or (c)(8) is a Class 3 felony.
15    (e) For the purposes of this Section, "Category I weapon",
16"Category II weapon", and "Category III weapon" have the
17meanings ascribed to those terms in Section 33A-1 of this
18Code.
19(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
20    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
21    Sec. 12-3.05. Aggravated battery.
22    (a) Offense based on injury. A person commits aggravated
23battery when, in committing a battery, other than by the
24discharge of a firearm, he or she knowingly does any of the
25following:

 

 

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1        (1) Causes great bodily harm or permanent disability
2    or disfigurement.
3        (2) Causes severe and permanent disability, great
4    bodily harm, or disfigurement by means of a caustic or
5    flammable substance, a poisonous gas, a deadly biological
6    or chemical contaminant or agent, a radioactive substance,
7    or a bomb or explosive compound.
8        (3) Causes great bodily harm or permanent disability
9    or disfigurement to an individual whom the person knows to
10    be a peace officer, community policing volunteer, fireman,
11    private security officer, correctional institution
12    employee, or Department of Human Services employee
13    supervising or controlling sexually dangerous persons or
14    sexually violent persons:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (4) Causes great bodily harm or permanent disability
21    or disfigurement to an individual 60 years of age or
22    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
4    or disfigurement to any child under the age of 13 years, or
5    to 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
12by the discharge of a firearm, he or she is or the person
13battered is on or about a public way, public property, a public
14place of accommodation or amusement, a sports venue, or a
15domestic violence shelter, or in a church, synagogue, mosque,
16or other building, structure, or place used for religious
17worship.
18    (d) Offense based on status of victim. A person commits
19aggravated battery when, in committing a battery, other than
20by discharge of a firearm, he or she knows the individual
21battered to be any of the following:
22        (1) A person 60 years of age or older.
23        (1.5) A servicemember or veteran.
24        (2) A person who is pregnant or has a physical
25    disability.
26        (3) A teacher or school employee upon school grounds

 

 

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1    or grounds adjacent to a school or in any part of a
2    building used for school purposes.
3        (4) A peace officer, community policing volunteer,
4    fireman, private security officer, correctional
5    institution employee, or Department of Human Services
6    employee supervising or controlling sexually dangerous
7    persons or sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (5) A judge, emergency management worker, emergency
14    medical services personnel, or utility worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (6) An officer or employee of the State of Illinois, a
21    unit of local government, or a school district, while
22    performing his or her official duties.
23        (7) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (8) A taxi driver on duty.
26        (9) A merchant who detains the person for an alleged

 

 

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1    commission of retail theft under Section 16-26 of this
2    Code and the person without legal justification by any
3    means causes bodily harm to the merchant.
4        (10) A person authorized to serve process under
5    Section 2-202 of the Code of Civil Procedure or a special
6    process server appointed by the circuit court while that
7    individual is in the performance of his or her duties as a
8    process server.
9        (11) A nurse while in the performance of his or her
10    duties as a nurse.
11        (12) A merchant: (i) while performing his or her
12    duties, including, but not limited to, relaying directions
13    for healthcare or safety from his or her supervisor or
14    employer or relaying health or safety guidelines,
15    recommendations, regulations, or rules from a federal,
16    State, or local public health agency; and (ii) during a
17    disaster declared by the Governor, or a state of emergency
18    declared by the mayor of the municipality in which the
19    merchant is located, due to a public health emergency and
20    for a period of 6 months after such declaration.
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
25    a firearm equipped with a silencer, and causes any injury
26    to another person.

 

 

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1        (2) Discharges a firearm, other than a machine gun or
2    a firearm equipped with a silencer, and causes any injury
3    to a person he or she knows to be a peace officer,
4    community policing volunteer, person summoned by a police
5    officer, 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
13    a firearm equipped with a silencer, and causes any injury
14    to a person he or she knows to be emergency medical
15    services 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
2    with a silencer, and causes any injury to another person.
3        (6) Discharges a machine gun or a firearm equipped
4    with a silencer, and causes any injury to a person he or
5    she knows to be a peace officer, community policing
6    volunteer, person summoned by a police officer, fireman,
7    private security officer, correctional institution
8    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        (7) Discharges a machine gun or a firearm equipped
15    with a silencer, and causes any injury to a person he or
16    she 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
23    with a silencer, and causes any injury to a person he or
24    she 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
4or she 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

 

 

SB1909- 17 -LRB102 17263 KMF 22735 b

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,
4    anesthetic, or controlled substance, or gives to another
5    person any food containing any substance or object
6    intended to cause 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
14    of 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), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3) or
20(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,
26motivated by an intent to increase or prolong the pain,

 

 

SB1909- 18 -LRB102 17263 KMF 22735 b

1suffering, or agony 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;
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

 

 

SB1909- 19 -LRB102 17263 KMF 22735 b

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    "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet
10of such a building or other structure in the case of a person
11who is going to or from such a building or other structure.
12    "Firearm" has the meaning provided under Section 1.1 of
13the Firearm Owners Identification Card Act, and does not
14include an air rifle as defined by Section 24.8-0.1 of this
15Code.
16    "Machine gun" has the meaning ascribed to it in Section
1724-1 of this Code.
18    "Merchant" has the meaning ascribed to it in Section
1916-0.1 of this Code.
20    "Strangle" means intentionally impeding the normal
21breathing or circulation of the blood of an individual by
22applying pressure on the throat or neck of that individual or
23by blocking the nose or mouth of that individual.
24(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)