102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3444

 

Introduced 1/18/2022, 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 person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, 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 person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, 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. Defines "Department of Children and Family Services employee".


LRB102 23982 RLC 33187 b

 

 

A BILL FOR

 

SB3444LRB102 23982 RLC 33187 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 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
13    or 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
20    or disfigurement to an individual whom the person knows to
21    be a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, a person working under the Adult Protective

 

 

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1    Services Program or an Ombudsman under the State Long Term
2    Care Ombudsman Program of the Department on Aging,
3    Department of Children and Family Services employee, or
4    Department of Human Services employee supervising or
5    controlling sexually dangerous persons or sexually violent
6    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
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
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
3aggravated battery when, in committing a battery, other than
4by the discharge of a firearm, he or she is or the person
5battered is on or about a public way, public property, a public
6place of accommodation or amusement, a sports venue, or a
7domestic violence shelter, or in a church, synagogue, mosque,
8or other building, structure, or place used for religious
9worship.
10    (d) Offense based on status of victim. A person commits
11aggravated battery when, in committing a battery, other than
12by discharge of a firearm, he or she knows the individual
13battered 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, a person working under the Adult
23    Protective Services Program or an Ombudsman under the
24    State Long Term Care Ombudsman Program of the Department
25    on Aging, Department of Children and Family Services
26    employee, or Department of Human Services employee

 

 

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1    supervising or controlling sexually dangerous persons or
2    sexually violent persons:
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        (5) A judge, emergency management worker, emergency
9    medical services personnel, or utility worker:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (6) An officer or employee of the State of Illinois, a
16    unit of local government, or a school district, while
17    performing his or her official duties.
18        (7) A transit employee performing his or her official
19    duties, or a transit passenger.
20        (8) A taxi driver on duty.
21        (9) A merchant who detains the person for an alleged
22    commission of retail theft under Section 16-26 of this
23    Code and the person without legal justification by any
24    means causes bodily harm to the merchant.
25        (10) A person authorized to serve process under
26    Section 2-202 of the Code of Civil Procedure or a special

 

 

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1    process server appointed by the circuit court while that
2    individual is in the performance of his or her duties as a
3    process server.
4        (11) A nurse while in the performance of his or her
5    duties as a nurse.
6        (12) A merchant: (i) while performing his or her
7    duties, including, but not limited to, relaying directions
8    for healthcare or safety from his or her supervisor or
9    employer or relaying health or safety guidelines,
10    recommendations, regulations, or rules from a federal,
11    State, or local public health agency; and (ii) during a
12    disaster declared by the Governor, or a state of emergency
13    declared by the mayor of the municipality in which the
14    merchant is located, due to a public health emergency and
15    for a period of 6 months after such declaration.
16    (e) Offense based on use of a firearm. A person commits
17aggravated battery when, in committing a battery, he or she
18knowingly does any of the following:
19        (1) Discharges a firearm, other than a machine gun or
20    a firearm equipped with a silencer, and causes any injury
21    to another person.
22        (2) Discharges a firearm, other than a machine gun or
23    a firearm equipped with a silencer, and causes any injury
24    to a person he or she knows to be a peace officer,
25    community policing volunteer, person summoned by a police
26    officer, fireman, private security officer, correctional

 

 

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

 

 

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1    volunteer, person summoned by a police officer, fireman,
2    private security officer, correctional institution
3    employee or emergency management worker:
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        (7) Discharges a machine gun or a firearm equipped
10    with a silencer, and causes any injury to a person he or
11    she knows to be emergency medical 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        (8) Discharges a machine gun or a firearm equipped
18    with a silencer, and causes any injury to a person he or
19    she knows to be a teacher, or a student in a school, or a
20    school employee, and the teacher, student, or employee is
21    upon school grounds or grounds adjacent to a school or in
22    any part of a building used for school purposes.
23    (f) Offense based on use of a weapon or device. A person
24commits aggravated battery when, in committing a battery, he
25or she does any of the following:
26        (1) Uses a deadly weapon other than by discharge of a

 

 

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

 

 

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1    intended to cause physical injury if eaten.
2        (3) Knowingly causes or attempts to cause a
3    correctional institution employee or Department of Human
4    Services employee to come into contact with blood, seminal
5    fluid, urine, or feces by throwing, tossing, or expelling
6    the fluid or material, and the person is an inmate of a
7    penal institution or is a sexually dangerous person or
8    sexually violent person in the custody of the Department
9    of Human Services.
10    (h) Sentence. Unless otherwise provided, aggravated
11battery is a Class 3 felony.
12    Aggravated battery as defined in subdivision (a)(4),
13(d)(4), or (g)(3) is a Class 2 felony.
14    Aggravated battery as defined in subdivision (a)(3) or
15(g)(1) is a Class 1 felony.
16    Aggravated battery as defined in subdivision (a)(1) is a
17Class 1 felony when the aggravated battery was intentional and
18involved the infliction of torture, as defined in paragraph
19(14) of subsection (b) of Section 9-1 of this Code, as the
20infliction of or subjection to extreme physical pain,
21motivated by an intent to increase or prolong the pain,
22suffering, or agony of the victim.
23    Aggravated battery as defined in subdivision (a)(1) is a
24Class 2 felony when the person causes great bodily harm or
25permanent disability to an individual whom the person knows to
26be a member of a congregation engaged in prayer or other

 

 

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

 

 

SB3444- 11 -LRB102 23982 RLC 33187 b

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

 

 

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1investigative services under a contract with or a grant from
2the Department of Children and Family Services.
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.)