Rep. Tony M. McCombie

Filed: 3/10/2023

 

 


 

 


 
10300HB1877ham001LRB103 28149 RLC 58862 a

1
AMENDMENT TO HOUSE BILL 1877

2    AMENDMENT NO. ______. Amend House Bill 1877 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the
5Knight-Silas Act.
 
6    Section 5. The Criminal Code of 2012 is amended by
7changing Section 12-3.05 as follows:
 
8    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
9    Sec. 12-3.05. Aggravated battery.
10    (a) Offense based on injury. A person commits aggravated
11battery when, in committing a battery, other than by the
12discharge of a firearm, he or she knowingly does any of the
13following:
14        (1) Causes great bodily harm or permanent disability
15    or disfigurement.

 

 

10300HB1877ham001- 2 -LRB103 28149 RLC 58862 a

1        (2) Causes severe and permanent disability, great
2    bodily harm, or disfigurement by means of a caustic or
3    flammable substance, a poisonous gas, a deadly biological
4    or chemical contaminant or agent, a radioactive substance,
5    or a bomb or explosive compound.
6        (3) Causes great bodily harm or permanent disability
7    or disfigurement to an individual whom the person knows to
8    be a peace officer, community policing volunteer, fireman,
9    private security officer, correctional institution
10    employee, or Department of Human Services employee
11    supervising or controlling sexually dangerous persons or
12    sexually violent persons:
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        (3.1) Is, at the time of the commission of the
19    offense, 21 years of age or older and causes great bodily
20    harm or permanent disability or disfigurement to an
21    individual whom the person knows to be a Department of
22    Children and Family Services employee:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

10300HB1877ham001- 3 -LRB103 28149 RLC 58862 a

1        or her official duties.
2        (4) Causes great bodily harm or permanent disability
3    or disfigurement to an individual 60 years of age or
4    older.
5        (5) Strangles another individual.
6    (b) Offense based on injury to a child or person with an
7intellectual disability. A person who is at least 18 years of
8age commits aggravated battery when, in committing a battery,
9he or she knowingly and without legal justification by any
10means:
11        (1) causes great bodily harm or permanent disability
12    or disfigurement to any child under the age of 13 years, or
13    to any person with a severe or profound intellectual
14    disability; or
15        (2) causes bodily harm or disability or disfigurement
16    to any child under the age of 13 years or to any person
17    with a severe or profound intellectual disability.
18    (c) Offense based on location of conduct. A person commits
19aggravated battery when, in committing a battery, other than
20by the discharge of a firearm, he or she is or the person
21battered is on or about a public way, public property, a public
22place of accommodation or amusement, a sports venue, or a
23domestic violence shelter, or in a church, synagogue, mosque,
24or other building, structure, or place used for religious
25worship.
26    (d) Offense based on status of victim. A person commits

 

 

10300HB1877ham001- 4 -LRB103 28149 RLC 58862 a

1aggravated battery when, in committing a battery, other than
2by discharge of a firearm, he or she knows the individual
3battered to be any of the following:
4        (1) A person 60 years of age or older.
5        (2) A person who is pregnant or has a physical
6    disability.
7        (3) A teacher or school employee upon school grounds
8    or grounds adjacent to a school or in any part of a
9    building used for school purposes.
10        (4) A peace officer, community policing volunteer,
11    fireman, private security officer, correctional
12    institution employee, or Department of Human Services
13    employee supervising or controlling sexually dangerous
14    persons or 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        (4.1)(A) A Department of Children and Family Services
21    employee:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties; and

 

 

10300HB1877ham001- 5 -LRB103 28149 RLC 58862 a

1        (B) the person committing the offense, at the time of
2    the commission of the offense, is 21 years of age or older.
3        (5) A judge, emergency management worker, emergency
4    medical services personnel, or utility 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        (6) An officer or employee of the State of Illinois, a
11    unit of local government, or a school district, while
12    performing his or her official duties.
13        (7) A transit employee performing his or her official
14    duties, or a transit passenger.
15        (8) A taxi driver on duty.
16        (9) A merchant who detains the person for an alleged
17    commission of retail theft under Section 16-26 of this
18    Code and the person without legal justification by any
19    means causes bodily harm to the merchant.
20        (10) A person authorized to serve process under
21    Section 2-202 of the Code of Civil Procedure or a special
22    process server appointed by the circuit court while that
23    individual is in the performance of his or her duties as a
24    process server.
25        (11) A nurse while in the performance of his or her
26    duties as a nurse.

 

 

10300HB1877ham001- 6 -LRB103 28149 RLC 58862 a

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

 

 

10300HB1877ham001- 7 -LRB103 28149 RLC 58862 a

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

 

 

10300HB1877ham001- 8 -LRB103 28149 RLC 58862 a

1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (7) Discharges a machine gun or a firearm equipped
5    with a silencer, and causes any injury to a person he or
6    she knows to be emergency medical services personnel:
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        (8) Discharges a machine gun or a firearm equipped
13    with a silencer, and causes any injury to a person he or
14    she knows to be a teacher, or a student in a school, or a
15    school employee, and the teacher, student, or employee is
16    upon school grounds or grounds adjacent to a school or in
17    any part of a building used for school purposes.
18    (f) Offense based on use of a weapon or device. A person
19commits aggravated battery when, in committing a battery, he
20or she does any of the following:
21        (1) Uses a deadly weapon other than by discharge of a
22    firearm, or uses an air rifle as defined in Section
23    24.8-0.1 of this Code.
24        (2) Wears a hood, robe, or mask to conceal his or her
25    identity.
26        (3) Knowingly and without lawful justification shines

 

 

10300HB1877ham001- 9 -LRB103 28149 RLC 58862 a

1    or flashes a laser gunsight or other laser device attached
2    to a firearm, or used in concert with a firearm, so that
3    the laser beam strikes upon or against the person of
4    another.
5        (4) Knowingly video or audio records the offense with
6    the intent to disseminate the recording.
7    (g) Offense based on certain conduct. A person commits
8aggravated battery when, other than by discharge of a firearm,
9he or she does any of the following:
10        (1) Violates Section 401 of the Illinois Controlled
11    Substances Act by unlawfully delivering a controlled
12    substance to another and any user experiences great bodily
13    harm or permanent disability as a result of the injection,
14    inhalation, or ingestion of any amount of the controlled
15    substance.
16        (2) Knowingly administers to an individual or causes
17    him or her to take, without his or her consent or by threat
18    or deception, and for other than medical purposes, any
19    intoxicating, poisonous, stupefying, narcotic,
20    anesthetic, or controlled substance, or gives to another
21    person any food containing any substance or object
22    intended to cause physical injury if eaten.
23        (3) Knowingly causes or attempts to cause a
24    correctional institution employee or Department of Human
25    Services employee to come into contact with blood, seminal
26    fluid, urine, or feces by throwing, tossing, or expelling

 

 

10300HB1877ham001- 10 -LRB103 28149 RLC 58862 a

1    the fluid or material, and the person is an inmate of a
2    penal institution or is a sexually dangerous person or
3    sexually violent person in the custody of the Department
4    of Human Services.
5    (h) Sentence. Unless otherwise provided, aggravated
6battery is a Class 3 felony.
7    Aggravated battery as defined in subdivision (a)(4),
8(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
9    Aggravated battery as defined in subdivision (a)(3),
10(a)(3.1), or (g)(1) is a Class 1 felony.
11    Aggravated battery as defined in subdivision (a)(1) is a
12Class 1 felony when the aggravated battery was intentional and
13involved the infliction of torture, as defined in paragraph
14(14) of subsection (b) of Section 9-1 of this Code, as the
15infliction of or subjection to extreme physical pain,
16motivated by an intent to increase or prolong the pain,
17suffering, or agony of the victim.
18    Aggravated battery as defined in subdivision (a)(1) is a
19Class 2 felony when the person causes great bodily harm or
20permanent disability to an individual whom the person knows to
21be a member of a congregation engaged in prayer or other
22religious activities at a church, synagogue, mosque, or other
23building, structure, or place used for religious worship.
24    Aggravated battery under subdivision (a)(5) is a Class 1
25felony if:
26        (A) the person used or attempted to use a dangerous

 

 

10300HB1877ham001- 11 -LRB103 28149 RLC 58862 a

1    instrument while committing the offense;
2        (B) the person caused great bodily harm or permanent
3    disability or disfigurement to the other person while
4    committing the offense; or
5        (C) the person has been previously convicted of a
6    violation of subdivision (a)(5) under the laws of this
7    State or laws similar to subdivision (a)(5) of any other
8    state.
9    Aggravated battery as defined in subdivision (e)(1) is a
10Class X felony.
11    Aggravated battery as defined in subdivision (a)(2) is a
12Class X felony for which a person shall be sentenced to a term
13of imprisonment of a minimum of 6 years and a maximum of 45
14years.
15    Aggravated battery as defined in subdivision (e)(5) is a
16Class X felony for which a person shall be sentenced to a term
17of imprisonment of a minimum of 12 years and a maximum of 45
18years.
19    Aggravated battery as defined in subdivision (e)(2),
20(e)(3), or (e)(4) is a Class X felony for which a person shall
21be sentenced to a term of imprisonment of a minimum of 15 years
22and a maximum of 60 years.
23    Aggravated battery as defined in subdivision (e)(6),
24(e)(7), or (e)(8) is a Class X felony for which a person shall
25be sentenced to a term of imprisonment of a minimum of 20 years
26and a maximum of 60 years.

 

 

10300HB1877ham001- 12 -LRB103 28149 RLC 58862 a

1    Aggravated battery as defined in subdivision (b)(1) is a
2Class X felony, except that:
3        (1) if the person committed the offense while armed
4    with a firearm, 15 years shall be added to the term of
5    imprisonment imposed by the court;
6        (2) if, during the commission of the offense, the
7    person personally discharged a firearm, 20 years shall be
8    added to the term of imprisonment imposed by the court;
9        (3) if, during the commission of the offense, the
10    person personally discharged a firearm that proximately
11    caused great bodily harm, permanent disability, permanent
12    disfigurement, or death to another person, 25 years or up
13    to a term of natural life shall be added to the term of
14    imprisonment imposed by the court.
15    (i) Definitions. In this Section:
16    "Building or other structure used to provide shelter" has
17the meaning ascribed to "shelter" in Section 1 of the Domestic
18Violence Shelters Act.
19    "Department of Children and Family Services employee"
20includes any (i) Department case worker or (ii) investigator
21employed by an agency or organization providing social work,
22case work, or investigative services under a contract with or
23a grant from the Department of Children and Family Services.
24    "Domestic violence" has the meaning ascribed to it in
25Section 103 of the Illinois Domestic Violence Act of 1986.
26    "Domestic violence shelter" means any building or other

 

 

10300HB1877ham001- 13 -LRB103 28149 RLC 58862 a

1structure used to provide shelter or other services to victims
2or to the dependent children of victims of domestic violence
3pursuant to the Illinois Domestic Violence Act of 1986 or the
4Domestic Violence Shelters Act, or any place within 500 feet
5of such a building or other structure in the case of a person
6who is going to or from such a building or other structure.
7    "Firearm" has the meaning provided under Section 1.1 of
8the Firearm Owners Identification Card Act, and does not
9include an air rifle as defined by Section 24.8-0.1 of this
10Code.
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
1416-0.1 of 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. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)".