093_HB0249eng

 
HB0249 Engrossed                     LRB093 04407 RLC 04457 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 12-4 as follows:

 6        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 7        Sec. 12-4. Aggravated Battery.
 8        (a)  A person who, in committing a battery, intentionally
 9    or   knowingly   causes   great  bodily  harm,  or  permanent
10    disability or disfigurement commits aggravated battery.
11        (b)  In committing a battery, a person commits aggravated
12    battery if he or she:
13             (1)  Uses  a  deadly  weapon  other  than   by   the
14        discharge of a firearm;
15             (2)  Is  hooded,  robed or masked, in such manner as
16        to conceal his identity;
17             (3)  Knows the individual harmed to be a teacher  or
18        other  person  employed in any school and such teacher or
19        other employee is upon the grounds of a school or grounds
20        adjacent thereto, or is in any part of  a  building  used
21        for school purposes;
22             (4)  Knows the individual harmed to be a supervisor,
23        director, instructor or other person employed in any park
24        district  and  such  supervisor,  director, instructor or
25        other employee is upon the grounds of the park or grounds
26        adjacent thereto, or is in any part of  a  building  used
27        for park purposes;
28             (5)  Knows the individual harmed to be a caseworker,
29        investigator,  or  other  person  employed  by  the State
30        Department of Public Aid, a County Department  of  Public
31        Aid,  or  the  Department  of  Human  Services (acting as
 
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 1        successor to the Illinois Department of Public Aid  under
 2        the   Department   of   Human   Services  Act)  and  such
 3        caseworker, investigator, or other  person  is  upon  the
 4        grounds  of  a  public  aid  office  or  grounds adjacent
 5        thereto, or is in any part of a building used for  public
 6        aid  purposes,  or upon the grounds of a home of a public
 7        aid applicant,  recipient,  or  any  other  person  being
 8        interviewed  or  investigated in the employee's discharge
 9        of his duties, or on grounds adjacent thereto, or  is  in
10        any part of a building in which the applicant, recipient,
11        or other such person resides or is located;
12             (6)  Knows  the  individual  harmed  to  be  a peace
13        officer, a community policing volunteer,  a  correctional
14        institution  employee,  an  employee of the Department of
15        Human  Services  supervising  or   controlling   sexually
16        dangerous  persons  or  sexually  violent  persons,  or a
17        fireman  while  such  officer,  volunteer,  employee   or
18        fireman  is  engaged  in  the  execution  of any official
19        duties  including  arrest  or  attempted  arrest,  or  to
20        prevent the officer, volunteer, employee or fireman  from
21        performing  official  duties,  or  in retaliation for the
22        officer,  volunteer,  employee  or   fireman   performing
23        official  duties, and the battery is committed other than
24        by the discharge of a firearm;
25             (7)  Knows the individual harmed to be an  emergency
26        medical   technician   -   ambulance,  emergency  medical
27        technician - intermediate, emergency medical technician -
28        paramedic, ambulance driver,  other  medical  assistance,
29        first aid personnel, or hospital emergency room personnel
30        engaged  in the performance of any of his or her official
31        duties, or to prevent the emergency medical technician  -
32        ambulance,  emergency  medical technician - intermediate,
33        emergency  medical  technician  -  paramedic,   ambulance
34        driver, other medical assistance, first aid personnel, or
 
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 1        hospital   emergency   room   personnel  from  performing
 2        official  duties,  or  in  retaliation   for   performing
 3        official duties;
 4             (8)  Is,  or  the  person battered is, on or about a
 5        public  way,  public  property   or   public   place   of
 6        accommodation or amusement;
 7             (9)  Knows  the  individual harmed to be the driver,
 8        operator, employee or  passenger  of  any  transportation
 9        facility   or   system   engaged   in   the  business  of
10        transportation of the public for hire and the  individual
11        assaulted  is  then  performing  in such capacity or then
12        using such public transportation as a passenger or  using
13        any   area   of   any   description   designated  by  the
14        transportation facility or system as a vehicle  boarding,
15        departure, or transfer location;
16             (10)  Knowingly  and without legal justification and
17        by any means causes bodily harm to an  individual  of  60
18        years of age or older;
19             (11)  Knows the individual harmed is pregnant;
20             (12)  Knows the individual harmed to be a judge whom
21        the  person  intended  to harm as a result of the judge's
22        performance of his or her official duties as a judge;
23             (13)  Knows the individual harmed to be an  employee
24        of   the  Illinois  Department  of  Children  and  Family
25        Services engaged in the  performance  of  his  authorized
26        duties as such employee;
27             (14)  Knows the individual harmed to be a person who
28        is physically handicapped;
29             (15)  Knowingly  and without legal justification and
30        by any means causes bodily harm to a merchant who detains
31        the person for an  alleged  commission  of  retail  theft
32        under  Section  16A-5  of  this  Code. In this item (15),
33        "merchant" has the meaning  ascribed  to  it  in  Section
34        16A-2.4 of this Code;
 
HB0249 Engrossed            -4-      LRB093 04407 RLC 04457 b
 1             (16)  Is, or the person battered is, in any building
 2        or  other  structure  used  to  provide  shelter or other
 3        services to victims  or  to  the  dependent  children  of
 4        victims  of  domestic  violence  pursuant to the Illinois
 5        Domestic Violence Act of 1986 or  the  Domestic  Violence
 6        Shelters  Act,  or the person battered is within 500 feet
 7        of such a building or other structure while going  to  or
 8        from  such  a  building  or  other  structure.  "Domestic
 9        violence" has the meaning ascribed to it in  Section  103
10        of  the Illinois Domestic Violence Act of 1986. "Building
11        or other structure  used  to  provide  shelter"  has  the
12        meaning  ascribed  to  "shelter"  in  Section  1  of  the
13        Domestic Violence Shelters Act; or
14             (17)  Knows  the individual harmed to be an employee
15        of a  police  or  sheriff's  department  engaged  in  the
16        performance  of  his  or  her  official  duties  as  such
17        employee.
18        For  the  purpose  of paragraph (14) of subsection (b) of
19    this Section, a physically handicapped person is a person who
20    suffers   from   a   permanent   and    disabling    physical
21    characteristic,  resulting  from  disease, injury, functional
22    disorder or congenital condition.
23        (c)  A person who administers to an individual or  causes
24    him  to  take, without his consent or by threat or deception,
25    and  for  other  than  medical  purposes,  any  intoxicating,
26    poisonous, stupefying, narcotic,  anesthetic,  or  controlled
27    substance commits aggravated battery.
28        (d)  A  person  who knowingly gives to another person any
29    food that contains any substance or object that  is  intended
30    to   cause  physical  injury  if  eaten,  commits  aggravated
31    battery.
32        (d-3)  A person commits aggravated battery when he or she
33    knowingly and without lawful justification shines or  flashes
34    a  laser  gunsight  or other laser device that is attached or
 
HB0249 Engrossed            -5-      LRB093 04407 RLC 04457 b
 1    affixed to a firearm, or used in concert with a  firearm,  so
 2    that  the  laser  beam  strikes upon or against the person of
 3    another.
 4        (d-5)  An inmate of a penal  institution  or  a  sexually
 5    dangerous  person or a sexually violent person in the custody
 6    of the Department of Human Services who causes or attempts to
 7    cause a correctional employee of the penal institution or  an
 8    employee  of  the  Department  of Human Services to come into
 9    contact with  blood,  seminal  fluid,  urine,  or  feces,  by
10    throwing,  tossing,  or  expelling  that  fluid  or  material
11    commits  aggravated battery.  For purposes of this subsection
12    (d-5), "correctional employee" means a person who is employed
13    by a penal institution.
14        (e)  Sentence.
15        Aggravated  battery  is  a  Class  3  felony,  except   a
16    violation  of  subsection  (a)  is  a Class 2 felony when the
17    person knows the individual harmed  to  be  a  peace  officer
18    engaged  in  the  execution  of  any  of  his or her official
19    duties, or  the  battery  is  to  prevent  the  officer  from
20    performing  his or her official duties, or in retaliation for
21    the officer performing his or her official duties.
22    (Source: P.A. 91-357,  eff.  7-29-99;  91-488,  eff.  1-1-00;
23    91-619,   eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,  eff.
24    6-28-01; 92-516, eff. 1-1-02; 92-841, eff.  8-22-02;  92-865,
25    eff. 1-3-03; revised 1-9-03.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.