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Sen. Julie A. Morrison
Filed: 1/27/2022
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1 | | AMENDMENT TO SENATE BILL 2931
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2931 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Sections 12-2 and 12-3.05 as follows:
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6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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7 | | Sec. 12-2. Aggravated assault.
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8 | | (a) Offense based on location of conduct. A person commits |
9 | | aggravated assault when he or she commits an assault against |
10 | | an individual who is on or about a public way, public property, |
11 | | a public place of accommodation or amusement, or a sports |
12 | | venue, or in a church, synagogue, mosque, or other building, |
13 | | structure, or place used for religious worship. |
14 | | (b) Offense based on status of victim. A person commits |
15 | | aggravated assault when, in committing an assault, he or she |
16 | | knows the individual assaulted to be any of the following: |
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1 | | (1) A person with a physical disability or a person 60 |
2 | | years of age or older and the assault is without legal |
3 | | justification. |
4 | | (2) A teacher or school employee upon school grounds |
5 | | or grounds adjacent to a school or in any part of a |
6 | | building used for school purposes. |
7 | | (3) A park district employee upon park grounds or |
8 | | grounds adjacent to a park or in any part of a building |
9 | | used for park purposes. |
10 | | (4) A community policing volunteer, private security |
11 | | officer, or utility worker: |
12 | | (i) performing his or her official duties; |
13 | | (ii) assaulted to prevent performance of his or |
14 | | her official duties; or |
15 | | (iii) assaulted in retaliation for performing his |
16 | | or her official duties. |
17 | | (4.1) A peace officer, fireman, emergency management |
18 | | worker, or emergency medical services personnel , judge of |
19 | | election selected or appointed in accordance with Article |
20 | | 13 or 14 of the Election Code, or an employee of the county |
21 | | clerk or election authority : |
22 | | (i) performing his or her official duties; |
23 | | (ii) assaulted to prevent performance of his or |
24 | | her official duties; or |
25 | | (iii) assaulted in retaliation for performing his |
26 | | or her official duties. |
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1 | | (5) A correctional officer or probation officer: |
2 | | (i) performing his or her official duties; |
3 | | (ii) assaulted to prevent performance of his or |
4 | | her official duties; or |
5 | | (iii) assaulted in retaliation for performing his |
6 | | or her official duties. |
7 | | (6) A correctional institution employee, a county |
8 | | juvenile detention center employee who provides direct and |
9 | | continuous supervision of residents of a juvenile |
10 | | detention center, including a county juvenile detention |
11 | | center employee who supervises recreational activity for |
12 | | residents of a juvenile detention center, or a Department |
13 | | of Human Services employee, Department of Human Services |
14 | | officer, or employee of a subcontractor of the Department |
15 | | of Human Services supervising or controlling sexually |
16 | | dangerous persons or sexually violent persons: |
17 | | (i) performing his or her official duties; |
18 | | (ii) assaulted to prevent performance of his or |
19 | | her official duties; or |
20 | | (iii) assaulted in retaliation for performing his |
21 | | or her official duties. |
22 | | (7) An employee of the State of Illinois, a municipal |
23 | | corporation therein, or a political subdivision thereof, |
24 | | performing his or her official duties. |
25 | | (8) A transit employee performing his or her official |
26 | | duties, or a transit passenger. |
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1 | | (9) A sports official or coach actively participating |
2 | | in any level of athletic competition within a sports |
3 | | venue, on an indoor playing field or outdoor playing |
4 | | field, or within the immediate vicinity of such a facility |
5 | | or field. |
6 | | (10) A person authorized to serve process under |
7 | | Section 2-202 of the Code of Civil Procedure or a special |
8 | | process server appointed by the circuit court, while that |
9 | | individual is in the performance of his or her duties as a |
10 | | process server. |
11 | | (c) Offense based on use of firearm, device, or motor |
12 | | vehicle. A person commits aggravated assault when, in |
13 | | committing an assault, he or she does any of the following: |
14 | | (1) Uses a deadly weapon, an air rifle as defined in |
15 | | Section 24.8-0.1 of this Act, or any device manufactured |
16 | | and designed to be substantially similar in appearance to |
17 | | a firearm, other than by discharging a firearm. |
18 | | (2) Discharges a firearm, other than from a motor |
19 | | vehicle. |
20 | | (3) Discharges a firearm from a motor vehicle. |
21 | | (4) Wears a hood, robe, or mask to conceal his or her |
22 | | identity. |
23 | | (5) Knowingly and without lawful justification shines |
24 | | or flashes a laser gun sight or other laser device |
25 | | attached to a firearm, or used in concert with a firearm, |
26 | | so that the laser beam strikes near or in the immediate |
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1 | | vicinity of any person. |
2 | | (6) Uses a firearm, other than by discharging the |
3 | | firearm, against a peace officer, community policing |
4 | | volunteer, fireman, private security officer, emergency |
5 | | management worker, emergency medical services personnel, |
6 | | employee of a police department, employee of a sheriff's |
7 | | department, or traffic control municipal employee: |
8 | | (i) performing his or her official duties; |
9 | | (ii) assaulted to prevent performance of his or |
10 | | her official duties; or |
11 | | (iii) assaulted in retaliation for performing his |
12 | | or her official duties. |
13 | | (7) Without justification operates a motor vehicle in |
14 | | a manner which places a person, other than a person listed |
15 | | in subdivision (b)(4), in reasonable apprehension of being |
16 | | struck by the moving motor vehicle. |
17 | | (8) Without justification operates a motor vehicle in |
18 | | a manner which places a person listed in subdivision |
19 | | (b)(4), in reasonable apprehension of being struck by the |
20 | | moving motor vehicle. |
21 | | (9) Knowingly video or audio records the offense with |
22 | | the intent to disseminate the recording. |
23 | | (d) Sentence. Aggravated assault as defined in subdivision |
24 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
25 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except |
26 | | that aggravated assault as defined in subdivision (b)(4) and |
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1 | | (b)(7) is a Class 4 felony if a Category I, Category II, or |
2 | | Category III weapon is used in the commission of the assault. |
3 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), |
4 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class |
5 | | 4 felony. Aggravated assault as defined in subdivision (c)(3) |
6 | | or (c)(8) is a Class 3 felony. |
7 | | (e) For the purposes of this Section, "Category I weapon", |
8 | | "Category II weapon", and "Category III weapon" have the |
9 | | meanings ascribed to those terms in Section 33A-1 of this |
10 | | Code.
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11 | | (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
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12 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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13 | | Sec. 12-3.05. Aggravated battery.
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14 | | (a) Offense based on injury. A person commits aggravated |
15 | | battery when, in committing a battery, other than by the |
16 | | discharge of a firearm, he or she knowingly does any of the |
17 | | following: |
18 | | (1) Causes great bodily harm or permanent disability |
19 | | or disfigurement. |
20 | | (2) Causes severe and permanent disability, great |
21 | | bodily harm, or disfigurement by means of a caustic or |
22 | | flammable substance, a poisonous gas, a deadly biological |
23 | | or chemical contaminant or agent, a radioactive substance, |
24 | | or a bomb or explosive compound. |
25 | | (3) Causes great bodily harm or permanent disability |
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1 | | or disfigurement to an individual whom the person knows to |
2 | | be a peace officer, community policing volunteer, fireman, |
3 | | private security officer, correctional institution |
4 | | employee, or Department of Human Services employee |
5 | | supervising or controlling sexually dangerous persons or |
6 | | sexually violent persons: |
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 | | (4) Causes great bodily harm or permanent disability |
13 | | or disfigurement to an individual 60 years of age or |
14 | | older. |
15 | | (5) Strangles another individual. |
16 | | (b) Offense based on injury to a child or person with an |
17 | | intellectual disability. A person who is at least 18 years of |
18 | | age commits aggravated battery when, in committing a battery, |
19 | | he or she knowingly and without legal justification by any |
20 | | means: |
21 | | (1) causes great bodily harm or permanent disability |
22 | | or disfigurement to any child under the age of 13 years, or |
23 | | to any person with a severe or profound intellectual |
24 | | disability; or |
25 | | (2) causes bodily harm or disability or disfigurement |
26 | | to any child under the age of 13 years or to any person |
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1 | | with a severe or profound intellectual disability. |
2 | | (c) Offense based on location of conduct. A person commits |
3 | | aggravated battery when, in committing a battery, other than |
4 | | by the discharge of a firearm, he or she is or the person |
5 | | battered is on or about a public way, public property, a public |
6 | | place of accommodation or amusement, a sports venue, or a |
7 | | domestic violence shelter, or in a church, synagogue, mosque, |
8 | | or other building, structure, or place used for religious |
9 | | worship. |
10 | | (d) Offense based on status of victim. A person commits |
11 | | aggravated battery when, in committing a battery, other than |
12 | | by discharge of a firearm, he or she knows the individual |
13 | | battered to be any of the following: |
14 | | (1) A person 60 years of age or older. |
15 | | (2) A person who is pregnant or has a physical |
16 | | disability. |
17 | | (3) A teacher or school employee upon school grounds |
18 | | or grounds adjacent to a school or in any part of a |
19 | | building used for school purposes. |
20 | | (4) A peace officer, community policing volunteer, |
21 | | fireman, private security officer, correctional |
22 | | institution employee, or Department of Human Services |
23 | | employee supervising or controlling sexually dangerous |
24 | | persons or sexually violent persons: |
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 | | (5) A judge, emergency management worker, emergency |
5 | | medical services personnel, or utility worker , judge of |
6 | | election selected or appointed in accordance with Article |
7 | | 13 or 14 of the Election Code, or judge of election |
8 | | selected or appointed in accordance with Article 13 or 14 |
9 | | of the Election Code, or an employee of the county clerk or |
10 | | election authority : |
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 | | (6) An officer or employee of the State of Illinois, a |
17 | | unit of local government, or a school district, while |
18 | | performing his or her official duties. |
19 | | (7) A transit employee performing his or her official |
20 | | duties, or a transit passenger. |
21 | | (8) A taxi driver on duty. |
22 | | (9) A merchant who detains the person for an alleged |
23 | | commission of retail theft under Section 16-26 of this |
24 | | Code and the person without legal justification by any |
25 | | means causes bodily harm to the merchant. |
26 | | (10) A person authorized to serve process under |
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1 | | Section 2-202 of the Code of Civil Procedure or a special |
2 | | process server appointed by the circuit court while that |
3 | | individual is in the performance of his or her duties as a |
4 | | process server. |
5 | | (11) A nurse while in the performance of his or her |
6 | | duties as a nurse. |
7 | | (12) A merchant: (i) while performing his or her |
8 | | duties, including, but not limited to, relaying directions |
9 | | for healthcare or safety from his or her supervisor or |
10 | | employer or relaying health or safety guidelines, |
11 | | recommendations, regulations, or rules from a federal, |
12 | | State, or local public health agency; and (ii) during a |
13 | | disaster declared by the Governor, or a state of emergency |
14 | | declared by the mayor of the municipality in which the |
15 | | merchant is located, due to a public health emergency and |
16 | | for a period of 6 months after such declaration. |
17 | | (e) Offense based on use of a firearm. A person commits |
18 | | aggravated battery when, in committing a battery, he or she |
19 | | knowingly does any of the following: |
20 | | (1) Discharges a firearm, other than a machine gun or |
21 | | a firearm equipped with a silencer, and causes any injury |
22 | | to another person. |
23 | | (2) Discharges a firearm, other than a machine gun or |
24 | | a firearm equipped with a silencer, and causes any injury |
25 | | to a person he or she knows to be a peace officer, |
26 | | community policing volunteer, person summoned by a police |
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1 | | officer, fireman, private security officer, correctional |
2 | | institution employee, or emergency management worker: |
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 | | (3) Discharges a firearm, other than a machine gun or |
9 | | a firearm equipped with a silencer, and causes any injury |
10 | | to a person he or she knows to be emergency medical |
11 | | services personnel: |
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 | | (4) Discharges a firearm and causes any injury to a |
18 | | person he or she knows to be a teacher, a student in a |
19 | | school, or a school employee, and the teacher, student, or |
20 | | employee is upon school grounds or grounds adjacent to a |
21 | | school or in any part of a building used for school |
22 | | purposes. |
23 | | (5) Discharges a machine gun or a firearm equipped |
24 | | with a silencer, and causes any injury to another person. |
25 | | (6) Discharges a machine gun or a firearm equipped |
26 | | with a silencer, and causes any injury to a person he or |
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1 | | she knows to be a peace officer, community policing |
2 | | volunteer, person summoned by a police officer, fireman, |
3 | | private security officer, correctional institution |
4 | | employee or emergency management worker: |
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 | | (7) Discharges a machine gun or a firearm equipped |
11 | | with a silencer, and causes any injury to a person he or |
12 | | she knows to be emergency medical services personnel: |
13 | | (i) performing his or her official duties; |
14 | | (ii) battered to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) battered in retaliation for performing his |
17 | | or her official duties. |
18 | | (8) Discharges a machine gun or a firearm equipped |
19 | | with a silencer, and causes any injury to a person he or |
20 | | she knows to be a teacher, or a student in a school, or a |
21 | | school employee, and the teacher, student, or employee is |
22 | | upon school grounds or grounds adjacent to a school or in |
23 | | any part of a building used for school purposes. |
24 | | (f) Offense based on use of a weapon or device. A person |
25 | | commits aggravated battery when, in committing a battery, he |
26 | | or she does any of the following: |
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1 | | (1) Uses a deadly weapon other than by discharge of a |
2 | | firearm, or uses an air rifle as defined in Section |
3 | | 24.8-0.1 of this Code. |
4 | | (2) Wears a hood, robe, or mask to conceal his or her |
5 | | identity. |
6 | | (3) Knowingly and without lawful justification shines |
7 | | or flashes a laser gunsight or other laser device attached |
8 | | to a firearm, or used in concert with a firearm, so that |
9 | | the laser beam strikes upon or against the person of |
10 | | another. |
11 | | (4) Knowingly video or audio records the offense with |
12 | | the intent to disseminate the recording. |
13 | | (g) Offense based on certain conduct. A person commits |
14 | | aggravated battery when, other than by discharge of a firearm, |
15 | | he or she does any of the following: |
16 | | (1) Violates Section 401 of the Illinois Controlled |
17 | | Substances Act by unlawfully delivering a controlled |
18 | | substance to another and any user experiences great bodily |
19 | | harm or permanent disability as a result of the injection, |
20 | | inhalation, or ingestion of any amount of the controlled |
21 | | substance. |
22 | | (2) Knowingly administers to an individual or causes |
23 | | him or her to take, without his or her consent or by threat |
24 | | or deception, and for other than medical purposes, any |
25 | | intoxicating, poisonous, stupefying, narcotic, |
26 | | anesthetic, or controlled substance, or gives to another |
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1 | | person any food containing any substance or object |
2 | | intended to cause physical injury if eaten. |
3 | | (3) Knowingly causes or attempts to cause a |
4 | | correctional institution employee or Department of Human |
5 | | Services employee to come into contact with blood, seminal |
6 | | fluid, urine, or feces by throwing, tossing, or expelling |
7 | | the fluid or material, and the person is an inmate of a |
8 | | penal institution or is a sexually dangerous person or |
9 | | sexually violent person in the custody of the Department |
10 | | of Human Services. |
11 | | (h) Sentence. Unless otherwise provided, aggravated |
12 | | battery is a Class 3 felony. |
13 | | Aggravated battery as defined in subdivision (a)(4), |
14 | | (d)(4), or (g)(3) is a Class 2 felony. |
15 | | Aggravated battery as defined in subdivision (a)(3) or |
16 | | (g)(1) is a Class 1 felony. |
17 | | Aggravated battery as defined in subdivision (a)(1) is a |
18 | | Class 1 felony when the aggravated battery was intentional and |
19 | | involved the infliction of torture, as defined in paragraph |
20 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
21 | | infliction of or subjection to extreme physical pain, |
22 | | motivated by an intent to increase or prolong the pain, |
23 | | suffering, or agony of the victim. |
24 | | Aggravated battery as defined in subdivision (a)(1) is a |
25 | | Class 2 felony when the person causes great bodily harm or |
26 | | permanent disability to an individual whom the person knows to |
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1 | | be a member of a congregation engaged in prayer or other |
2 | | religious activities at a church, synagogue, mosque, or other |
3 | | building, structure, or place used for religious worship. |
4 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
5 | | felony if: |
6 | | (A) the person used or attempted to use a dangerous
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7 | | instrument while committing the offense; |
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
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12 | | violation of subdivision (a)(5) under the laws of this
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13 | | State or laws similar to subdivision (a)(5) of any other
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14 | | state. |
15 | | Aggravated battery as defined in subdivision (e)(1) is a |
16 | | Class X felony. |
17 | | Aggravated battery as defined in subdivision (a)(2) is a |
18 | | Class X felony for which a person shall be sentenced to a term |
19 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
20 | | years. |
21 | | Aggravated battery as defined in subdivision (e)(5) is a |
22 | | Class X felony for which a person shall be sentenced to a term |
23 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
24 | | years. |
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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1 | | be sentenced to a term of imprisonment of a minimum of 15 years |
2 | | and 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 |
5 | | be sentenced to a term of imprisonment of a minimum of 20 years |
6 | | and a maximum of 60 years. |
7 | | Aggravated battery as defined in subdivision (b)(1) is a |
8 | | Class 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. In this Section: |
22 | | "Building or other structure used to provide shelter" has |
23 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
24 | | Violence Shelters Act. |
25 | | "Domestic violence" has the meaning ascribed to it in |
26 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
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1 | | "Domestic violence shelter" means any building or other |
2 | | structure used to provide shelter or other services to victims |
3 | | or to the dependent children of victims of domestic violence |
4 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
5 | | Domestic Violence Shelters Act, or any place within 500 feet |
6 | | of such a building or other structure in the case of a person |
7 | | who is going to or from such a building or other structure. |
8 | | "Firearm" has the meaning provided under Section 1.1
of |
9 | | the Firearm Owners Identification Card Act, and does
not |
10 | | include an air rifle as defined by Section 24.8-0.1 of this |
11 | | Code. |
12 | | "Machine gun" has the meaning ascribed to it in Section |
13 | | 24-1 of this Code. |
14 | | "Merchant" has the meaning ascribed to it in Section |
15 | | 16-0.1 of this Code. |
16 | | "Strangle" means
intentionally impeding the normal |
17 | | breathing or circulation of the blood of an individual by |
18 | | applying pressure on the throat
or neck of that individual or |
19 | | by blocking the nose or mouth of
that individual.
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20 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)".
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