97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1147

 

Introduced 02/07/11, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Humane Care for Animals Act. Provides that, upon being furnished with a notice of violation, a violator may not, without the written consent of an investigator or law enforcement official, intentionally relocate an animal from the property where the violator resides or the property where the violation occurred, unless (i) doing so is necessary to render veterinary care to the animal or to protect the animal from an imminent disaster or emergency or (ii) the case against the violator has been closed. Defines "relocate an animal". Authorizes Department investigators and approved humane investigators to seek compensation from a violator for medical expenses incurred as a result of the investigation of a founded complaint. Provides that, once an animal is the subject of a notice of violation or impoundment, the violator or individual caring for the animal that is the subject of the notice must, until the closure of the case, present the animal to any investigator or law enforcement official who, in the course of conducting the investigation, deems it necessary to examine the animal. Creates penalties for violations. Amends the Criminal Code of 1961. Makes it an aggravated assault if a person, when committing an assault, knows the individual assaulted to be an investigator of the Department of Agriculture or an approved humane investigator. Makes it an aggravated battery if a person, when committing a battery, knows the individual harmed to be an investigator of the Department of Agriculture or an approved humane investigator. Effective immediately.


LRB097 06306 CEL 46383 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1147LRB097 06306 CEL 46383 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Sections 11 and 16.3 and by adding Section 16.6 as
6follows:
 
7    (510 ILCS 70/11)  (from Ch. 8, par. 711)
8    Sec. 11. (a) If an investigation under Section 10 discloses
9that a violation of this Act has been committed, the approved
10humane investigator shall furnish the violator, if known, with
11a notice of violation, and state what action is necessary to
12come into compliance with this Act and that a maximum of 48
13hours may be granted in which to take corrective action.
14    (b) If the violator fails or refuses to take corrective
15action necessary for compliance or if the violator is still
16unknown after an attempt to identify ownership, the humane
17investigator shall contact the Department and request
18authorization to impound the animal or animals. The Department
19will authorize impoundment if a review of facts gathered by the
20humane investigator indicates a violation of Section 3 of this
21Act has occurred and the violator, if known, has failed or
22refused to take corrective action necessary for compliance.
23    (c) Upon being furnished with a notice of violation, a

 

 

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1violator may not, without the written consent of an
2investigator or law enforcement official, intentionally
3relocate an animal from the property where the violator resides
4or the property where the violation occurred, unless (i) doing
5so is necessary to render veterinary care to the animal or to
6protect the animal from an imminent disaster or emergency or
7(ii) the case against the violator has been closed. For the
8purposes of this subsection (c), "relocate an animal" means to
9move an animal from a location with the intent to keep that
10animal at a separate location for more than 2 hours.
11    (d) A first violation of subsection (c) is a Class A
12misdemeanor. A second or subsequent violation is a Class 4
13felony.
14    This Section shall not apply to violations committed under
15Section 4.01 of this Act.
16(Source: P.A. 83-649.)
 
17    (510 ILCS 70/16.3)
18    Sec. 16.3. Civil actions. Any person who has a right of
19ownership in an animal that is subjected to an act of
20aggravated cruelty under Section 3.02 or torture under Section
213.03 in violation of this Act or in an animal that is injured
22or killed as a result of actions taken by a person who acts in
23bad faith under subsection (b) of Section 3.06 or under Section
2412 of this Act may bring a civil action to recover the damages
25sustained by that owner. Damages may include, but are not

 

 

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1limited to, the monetary value of the animal, veterinary
2expenses incurred on behalf of the animal, any other expenses
3incurred by the owner in rectifying the effects of the cruelty,
4pain, and suffering of the animal, and emotional distress
5suffered by the owner. In addition to damages that may be
6proven, the owner is also entitled to punitive or exemplary
7damages of not less than $500 but not more than $25,000 for
8each act of abuse or neglect to which the animal was subjected.
9In addition, the court must award reasonable attorney's fees
10and costs actually incurred by the owner in the prosecution of
11any action under this Section.
12    In addition, Department investigators and approved humane
13investigators may seek compensation from a violator for medical
14expenses incurred as a result of the investigation of a founded
15complaint.
16    The remedies provided in this Section are in addition to
17any other remedies allowed by law.
18    In an action under this Section, the court may enter any
19injunctive orders reasonably necessary to protect animals from
20any further acts of abuse, neglect, or harassment by a
21defendant.
22    The statute of limitations for a violation of this Act is 2
23years.
24(Source: P.A. 95-868, eff. 8-20-08.)
 
25    (510 ILCS 70/16.6 new)

 

 

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1    Sec. 16.6. Once an animal is the subject of a notice of
2violation under Section 11 or a notice of impoundment under
3Section 12, the violator or individual caring for the animal
4that is the subject of the notice must, until the closure of
5the case, present the animal to any investigator or law
6enforcement official who, in the course of conducting the
7investigation, deems it necessary to examine the animal, and he
8or she must not intentionally hide the animal or conceal its
9location from an investigator or law enforcement official.
 
10
11    Section 10. The Criminal Code of 1961 is amended by
12changing Sections 12-2 and 12-4 as follows:
 
13    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
14    Sec. 12-2. Aggravated assault.
15    (a) A person commits an aggravated assault, when, in
16committing an assault, he:
17        (1) Uses a deadly weapon, an air rifle as defined in
18    the Air Rifle Act, or any device manufactured and designed
19    to be substantially similar in appearance to a firearm,
20    other than by discharging a firearm in the direction of
21    another person, a peace officer, a person summoned or
22    directed by a peace officer, a correctional officer, a
23    private security officer, or a fireman or in the direction
24    of a vehicle occupied by another person, a peace officer, a

 

 

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1    person summoned or directed by a peace officer, a
2    correctional officer, a private security officer, or a
3    fireman while the officer or fireman is engaged in the
4    execution of any of his official duties, or to prevent the
5    officer or fireman from performing his official duties, or
6    in retaliation for the officer or fireman performing his
7    official duties;
8        (2) Is hooded, robed or masked in such manner as to
9    conceal his identity or any device manufactured and
10    designed to be substantially similar in appearance to a
11    firearm;
12        (3) Knows the individual assaulted to be a teacher or
13    other person employed in any school and such teacher or
14    other employee is upon the grounds of a school or grounds
15    adjacent thereto, or is in any part of a building used for
16    school purposes;
17        (4) Knows the individual assaulted to be a supervisor,
18    director, instructor or other person employed in any park
19    district and such supervisor, director, instructor or
20    other employee is upon the grounds of the park or grounds
21    adjacent thereto, or is in any part of a building used for
22    park purposes;
23        (5) Knows the individual assaulted to be a caseworker,
24    investigator, or other person employed by the Department of
25    Healthcare and Family Services (formerly State Department
26    of Public Aid), a County Department of Public Aid, or the

 

 

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1    Department of Human Services (acting as successor to the
2    Illinois Department of Public Aid under the Department of
3    Human Services Act) and such caseworker, investigator, or
4    other person is upon the grounds of a public aid office or
5    grounds adjacent thereto, or is in any part of a building
6    used for public aid purposes, or upon the grounds of a home
7    of a public aid applicant, recipient or any other person
8    being interviewed or investigated in the employee's
9    discharge of his duties, or on grounds adjacent thereto, or
10    is in any part of a building in which the applicant,
11    recipient, or other such person resides or is located;
12        (6) Knows the individual assaulted to be a peace
13    officer, a community policing volunteer, a private
14    security officer, or a fireman while the officer or fireman
15    is engaged in the execution of any of his official duties,
16    or to prevent the officer, community policing volunteer, or
17    fireman from performing his official duties, or in
18    retaliation for the officer, community policing volunteer,
19    or fireman performing his official duties, and the assault
20    is committed other than by the discharge of a firearm in
21    the direction of the officer or fireman or in the direction
22    of a vehicle occupied by the officer or fireman;
23        (7) Knows the individual assaulted to be an emergency
24    medical technician - ambulance, emergency medical
25    technician - intermediate, emergency medical technician -
26    paramedic, ambulance driver or other medical assistance or

 

 

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1    first aid personnel engaged in the execution of any of his
2    official duties, or to prevent the emergency medical
3    technician - ambulance, emergency medical technician -
4    intermediate, emergency medical technician - paramedic,
5    ambulance driver, or other medical assistance or first aid
6    personnel from performing his official duties, or in
7    retaliation for the emergency medical technician -
8    ambulance, emergency medical technician - intermediate,
9    emergency medical technician - paramedic, ambulance
10    driver, or other medical assistance or first aid personnel
11    performing his official duties;
12        (8) Knows the individual assaulted to be the driver,
13    operator, employee or passenger of any transportation
14    facility or system engaged in the business of
15    transportation of the public for hire and the individual
16    assaulted is then performing in such capacity or then using
17    such public transportation as a passenger or using any area
18    of any description designated by the transportation
19    facility or system as a vehicle boarding, departure, or
20    transfer location;
21        (9) Or the individual assaulted is on or about a public
22    way, public property, or public place of accommodation or
23    amusement;
24        (9.5) Is, or the individual assaulted is, in or about a
25    publicly or privately owned sports or entertainment arena,
26    stadium, community or convention hall, special event

 

 

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1    center, amusement facility, or a special event center in a
2    public park during any 24-hour period when a professional
3    sporting event, National Collegiate Athletic Association
4    (NCAA)-sanctioned sporting event, United States Olympic
5    Committee-sanctioned sporting event, or International
6    Olympic Committee-sanctioned sporting event is taking
7    place in this venue;
8        (10) Knows the individual assaulted to be an employee
9    of the State of Illinois, a municipal corporation therein
10    or a political subdivision thereof, engaged in the
11    performance of his authorized duties as such employee;
12        (11) Knowingly and without legal justification,
13    commits an assault on a physically handicapped person;
14        (12) Knowingly and without legal justification,
15    commits an assault on a person 60 years of age or older;
16        (13) Discharges a firearm, other than from a motor
17    vehicle;
18        (13.5) Discharges a firearm from a motor vehicle;
19        (14) Knows the individual assaulted to be a
20    correctional officer, while the officer is engaged in the
21    execution of any of his or her official duties, or to
22    prevent the officer from performing his or her official
23    duties, or in retaliation for the officer performing his or
24    her official duties;
25        (14.5) Knows the individual assaulted to be a probation
26    officer, as defined in the Probation and Probation Officers

 

 

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1    Act, while the officer is engaged in the execution of any
2    of his or her official duties, or to prevent the officer
3    from performing his or her official duties, or in
4    retaliation for the officer performing his or her official
5    duties;
6        (15) Knows the individual assaulted to be a
7    correctional employee or an employee or officer of the
8    Department of Human Services supervising or controlling
9    sexually dangerous persons or sexually violent persons, or
10    an employee of a subcontractor of the Department of Human
11    Services supervising or controlling sexually dangerous
12    persons or sexually violent persons, while the employee or
13    officer is engaged in the execution of any of his or her
14    official duties, or to prevent the employee or officer from
15    performing his or her official duties, or in retaliation
16    for the employee or officer performing his or her official
17    duties, and the assault is committed other than by the
18    discharge of a firearm in the direction of the employee or
19    officer or in the direction of a vehicle occupied by the
20    employee or officer;
21        (16) Knows the individual assaulted to be an employee
22    of a police or sheriff's department, or a person who is
23    employed by a municipality and whose duties include traffic
24    control, engaged in the performance of his or her official
25    duties as such employee;
26        (17) Knows the individual assaulted to be a sports

 

 

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1    official or coach at any level of competition and the act
2    causing the assault to the sports official or coach
3    occurred within an athletic facility or an indoor or
4    outdoor playing field or within the immediate vicinity of
5    the athletic facility or an indoor or outdoor playing field
6    at which the sports official or coach was an active
7    participant in the athletic contest held at the athletic
8    facility. For the purposes of this paragraph (17), "sports
9    official" means a person at an athletic contest who
10    enforces the rules of the contest, such as an umpire or
11    referee; and "coach" means a person recognized as a coach
12    by the sanctioning authority that conducted the athletic
13    contest;
14        (18) Knows the individual assaulted to be an emergency
15    management worker, while the emergency management worker
16    is engaged in the execution of any of his or her official
17    duties, or to prevent the emergency management worker from
18    performing his or her official duties, or in retaliation
19    for the emergency management worker performing his or her
20    official duties, and the assault is committed other than by
21    the discharge of a firearm in the direction of the
22    emergency management worker or in the direction of a
23    vehicle occupied by the emergency management worker; or
24        (19) Knows the individual assaulted to be a utility
25    worker, while the utility worker is engaged in the
26    execution of his or her duties, or to prevent the utility

 

 

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1    worker from performing his or her duties, or in retaliation
2    for the utility worker performing his or her duties. In
3    this paragraph (19), "utility worker" means a person
4    employed by a public utility as defined in Section 3-105 of
5    the Public Utilities Act and also includes an employee of a
6    municipally owned utility, an employee of a cable
7    television company, an employee of an electric cooperative
8    as defined in Section 3-119 of the Public Utilities Act, an
9    independent contractor or an employee of an independent
10    contractor working on behalf of a cable television company,
11    public utility, municipally owned utility, or an electric
12    cooperative, or an employee of a telecommunications
13    carrier as defined in Section 13-202 of the Public
14    Utilities Act, an independent contractor or an employee of
15    an independent contractor working on behalf of a
16    telecommunications carrier, or an employee of a telephone
17    or telecommunications cooperative as defined in Section
18    13-212 of the Public Utilities Act, or an independent
19    contractor or an employee of an independent contractor
20    working on behalf of a telephone or telecommunications
21    cooperative; or .
22        (20) Knows the individual assaulted to be an
23    investigator of the Department of Agriculture or an
24    approved humane investigator, while the investigator is
25    engaged in the execution of his or her duties under the
26    Humane Care for Animals Act.

 

 

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1    (a-5) A person commits an aggravated assault when he or she
2knowingly and without lawful justification shines or flashes a
3laser gunsight or other laser device that is attached or
4affixed to a firearm, or used in concert with a firearm, so
5that the laser beam strikes near or in the immediate vicinity
6of any person.
7    (a-10) A person commits an aggravated assault when he or
8she knowingly and without justification operates a motor
9vehicle in a manner which places a person in reasonable
10apprehension of being struck by a moving vehicle.
11    (b) Sentence.
12    Aggravated assault as defined in paragraphs (1) through (5)
13and (8) through (12) and (17) and (19) of subsection (a) of
14this Section is a Class A misdemeanor. Aggravated assault as
15defined in paragraphs (13), (14), (14.5), and (15) of
16subsection (a) of this Section and as defined in subsection
17(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
18assault as defined in paragraphs (6) and (16) of subsection (a)
19of this Section is a Class A misdemeanor if a Category I,
20Category II, or Category III weapon is not used in the
21commission of the assault. Aggravated assault as defined in
22paragraphs (6) and (16) of subsection (a) of this Section is a
23Class 4 felony if a Category I, Category II, or Category III
24weapon is used in the commission of the assault. Aggravated
25assault as defined in paragraphs (7) and (18) of subsection (a)
26of this Section is a Class A misdemeanor if a firearm is not

 

 

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1used in the commission of the assault. Aggravated assault as
2defined in paragraphs (7) and (18) of subsection (a) of this
3Section is a Class 4 felony if a firearm is used in the
4commission of the assault. Aggravated assault as defined in
5subsection (a-10) where the victim was a person defined in
6paragraph (6) or paragraph (13.5) of subsection (a) is a Class
73 felony. For the purposes of this subsection (b), "Category I
8weapon", "Category II weapon", and "Category III weapon" have
9the meanings ascribed to those terms in subsection (c) of
10Section 33A-1 of this Code.
11    (c) For the purposes of paragraphs (1) and (6) of
12subsection (a), "private security officer" means a registered
13employee of a private security contractor agency under the
14Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
1795-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
189-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
19eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
20revised 9-16-10.)
 
21    (720 ILCS 5/12-4)
22    Sec. 12-4. Aggravated Battery.
23    (a) A person who, in committing a battery, intentionally or
24knowingly causes great bodily harm, or permanent disability or
25disfigurement commits aggravated battery.

 

 

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1    (b) In committing a battery, a person commits aggravated
2battery if he or she:
3        (1) Uses a deadly weapon other than by the discharge of
4    a firearm, or uses an air rifle as defined in the Air Rifle
5    Act;
6        (2) Is hooded, robed or masked, in such manner as to
7    conceal his identity;
8        (3) Knows the individual harmed to be a teacher or
9    other person employed in any school and such teacher or
10    other employee is upon the grounds of a school or grounds
11    adjacent thereto, or is in any part of a building used for
12    school purposes;
13        (4) (Blank);
14        (5) (Blank);
15        (6) Knows the individual harmed to be a community
16    policing volunteer while such volunteer is engaged in the
17    execution of any official duties, or to prevent the
18    volunteer from performing official duties, or in
19    retaliation for the volunteer performing official duties,
20    and the battery is committed other than by the discharge of
21    a firearm;
22        (7) Knows the individual harmed to be an emergency
23    medical technician - ambulance, emergency medical
24    technician - intermediate, emergency medical technician -
25    paramedic, ambulance driver, other medical assistance,
26    first aid personnel, or hospital personnel engaged in the

 

 

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1    performance of any of his or her official duties, or to
2    prevent the emergency medical technician - ambulance,
3    emergency medical technician - intermediate, emergency
4    medical technician - paramedic, ambulance driver, other
5    medical assistance, first aid personnel, or hospital
6    personnel from performing official duties, or in
7    retaliation for performing official duties;
8        (8) Is, or the person battered is, on or about a public
9    way, public property or public place of accommodation or
10    amusement;
11        (8.5) Is, or the person battered is, on a publicly or
12    privately owned sports or entertainment arena, stadium,
13    community or convention hall, special event center,
14    amusement facility, or a special event center in a public
15    park during any 24-hour period when a professional sporting
16    event, National Collegiate Athletic Association
17    (NCAA)-sanctioned sporting event, United States Olympic
18    Committee-sanctioned sporting event, or International
19    Olympic Committee-sanctioned sporting event is taking
20    place in this venue;
21        (9) Knows the individual harmed to be the driver,
22    operator, employee or passenger of any transportation
23    facility or system engaged in the business of
24    transportation of the public for hire and the individual
25    assaulted is then performing in such capacity or then using
26    such public transportation as a passenger or using any area

 

 

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1    of any description designated by the transportation
2    facility or system as a vehicle boarding, departure, or
3    transfer location;
4        (10) Knows the individual harmed to be an individual of
5    60 years of age or older;
6        (11) Knows the individual harmed is pregnant;
7        (12) Knows the individual harmed to be a judge whom the
8    person intended to harm as a result of the judge's
9    performance of his or her official duties as a judge;
10        (13) (Blank);
11        (14) Knows the individual harmed to be a person who is
12    physically handicapped;
13        (15) Knowingly and without legal justification and by
14    any means causes bodily harm to a merchant who detains the
15    person for an alleged commission of retail theft under
16    Section 16A-5 of this Code. In this item (15), "merchant"
17    has the meaning ascribed to it in Section 16A-2.4 of this
18    Code;
19        (16) Is, or the person battered is, in any building or
20    other structure used to provide shelter or other services
21    to victims or to the dependent children of victims of
22    domestic violence pursuant to the Illinois Domestic
23    Violence Act of 1986 or the Domestic Violence Shelters Act,
24    or the person battered is within 500 feet of such a
25    building or other structure while going to or from such a
26    building or other structure. "Domestic violence" has the

 

 

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1    meaning ascribed to it in Section 103 of the Illinois
2    Domestic Violence Act of 1986. "Building or other structure
3    used to provide shelter" has the meaning ascribed to
4    "shelter" in Section 1 of the Domestic Violence Shelters
5    Act;
6        (17) (Blank);
7        (18) Knows the individual harmed to be an officer or
8    employee of the State of Illinois, a unit of local
9    government, or school district engaged in the performance
10    of his or her authorized duties as such officer or
11    employee;
12        (19) Knows the individual harmed to be an emergency
13    management worker engaged in the performance of any of his
14    or her official duties, or to prevent the emergency
15    management worker from performing official duties, or in
16    retaliation for the emergency management worker performing
17    official duties;
18        (20) Knows the individual harmed to be a private
19    security officer engaged in the performance of any of his
20    or her official duties, or to prevent the private security
21    officer from performing official duties, or in retaliation
22    for the private security officer performing official
23    duties; or
24        (21) Knows the individual harmed to be a taxi driver
25    and the battery is committed while the taxi driver is on
26    duty; or

 

 

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1        (22) Knows the individual harmed to be a utility
2    worker, while the utility worker is engaged in the
3    execution of his or her duties, or to prevent the utility
4    worker from performing his or her duties, or in retaliation
5    for the utility worker performing his or her duties. In
6    this paragraph (22), "utility worker" means a person
7    employed by a public utility as defined in Section 3-105 of
8    the Public Utilities Act and also includes an employee of a
9    municipally owned utility, an employee of a cable
10    television company, an employee of an electric cooperative
11    as defined in Section 3-119 of the Public Utilities Act, an
12    independent contractor or an employee of an independent
13    contractor working on behalf of a cable television company,
14    public utility, municipally owned utility, or an electric
15    cooperative, or an employee of a telecommunications
16    carrier as defined in Section 13-202 of the Public
17    Utilities Act, an independent contractor or an employee of
18    an independent contractor working on behalf of a
19    telecommunications carrier, or an employee of a telephone
20    or telecommunications cooperative as defined in Section
21    13-212 of the Public Utilities Act, or an independent
22    contractor or an employee of an independent contractor
23    working on behalf of a telephone or telecommunications
24    cooperative; or .
25        (23) Knows the individual harmed to be an investigator
26    of the Department of Agriculture or an approved humane

 

 

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1    investigator, while the investigator is engaged in the
2    execution of his or her duties under the Humane Care for
3    Animals Act.
4    For the purpose of paragraph (14) of subsection (b) of this
5Section, a physically handicapped person is a person who
6suffers from a permanent and disabling physical
7characteristic, resulting from disease, injury, functional
8disorder or congenital condition.
9    For the purpose of paragraph (20) of subsection (b) and
10subsection (e) of this Section, "private security officer"
11means a registered employee of a private security contractor
12agency under the Private Detective, Private Alarm, Private
13Security, Fingerprint Vendor, and Locksmith Act of 2004.
14    (c) A person who administers to an individual or causes him
15to take, without his consent or by threat or deception, and for
16other than medical purposes, any intoxicating, poisonous,
17stupefying, narcotic, anesthetic, or controlled substance
18commits aggravated battery.
19    (d) A person who knowingly gives to another person any food
20that contains any substance or object that is intended to cause
21physical injury if eaten, commits aggravated battery.
22    (d-3) A person commits aggravated battery when he or she
23knowingly and without lawful justification shines or flashes a
24laser gunsight or other laser device that is attached or
25affixed to a firearm, or used in concert with a firearm, so
26that the laser beam strikes upon or against the person of

 

 

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1another.
2    (d-5) An inmate of a penal institution or a sexually
3dangerous person or a sexually violent person in the custody of
4the Department of Human Services who causes or attempts to
5cause a correctional employee of the penal institution or an
6employee of the Department of Human Services to come into
7contact with blood, seminal fluid, urine, or feces, by
8throwing, tossing, or expelling that fluid or material commits
9aggravated battery. For purposes of this subsection (d-5),
10"correctional employee" means a person who is employed by a
11penal institution.
12    (d-6) A person commits aggravated battery when he or she,
13in committing a battery, strangles another individual. For the
14purposes of this subsection (d-6), "strangle" means
15intentionally impeding the normal breathing or circulation of
16the blood of an individual by applying pressure on the throat
17or neck of that individual or by blocking the nose or mouth of
18that individual.
19    (e) Sentence.
20        (1) Except as otherwise provided in paragraphs (2),
21    (3), (4), and (5) aggravated battery is a Class 3 felony.
22        (2) Aggravated battery that does not cause great bodily
23    harm or permanent disability or disfigurement is a Class 2
24    felony when the person knows the individual harmed to be a
25    peace officer, a community policing volunteer, a private
26    security officer, a correctional institution employee, an

 

 

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1    employee of the Department of Human Services supervising or
2    controlling sexually dangerous persons or sexually violent
3    persons, or a fireman while such officer, volunteer,
4    employee, or fireman is engaged in the execution of any
5    official duties including arrest or attempted arrest, or to
6    prevent the officer, volunteer, employee, or fireman from
7    performing official duties, or in retaliation for the
8    officer, volunteer, employee, or fireman performing
9    official duties, and the battery is committed other than by
10    the discharge of a firearm.
11        (3) Aggravated battery that causes great bodily harm or
12    permanent disability or disfigurement in violation of
13    subsection (a) is a Class 1 felony when the person knows
14    the individual harmed to be a peace officer, a community
15    policing volunteer, a private security officer, a
16    correctional institution employee, an employee of the
17    Department of Human Services supervising or controlling
18    sexually dangerous persons or sexually violent persons, or
19    a fireman while such officer, volunteer, employee, or
20    fireman is engaged in the execution of any official duties
21    including arrest or attempted arrest, or to prevent the
22    officer, volunteer, employee, or fireman from performing
23    official duties, or in retaliation for the officer,
24    volunteer, employee, or fireman performing official
25    duties, and the battery is committed other than by the
26    discharge of a firearm.

 

 

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1        (4) Aggravated battery under subsection (d-5) is a
2    Class 2 felony.
3        (5) Aggravated battery under subsection (d-6) is a
4    Class 1 felony if:
5            (A) the person used or attempted to use a dangerous
6        instrument while committing the offense; or
7            (B) the person caused great bodily harm or
8        permanent disability or disfigurement to the other
9        person while committing the offense; or
10            (C) the person has been previously convicted of a
11        violation of subsection (d-6) under the laws of this
12        State or laws similar to subsection (d-6) of any other
13        state.
14        (6) For purposes of this subsection (e), the term
15    "firearm" shall have the meaning provided under Section 1.1
16    of the Firearms Owners Identification Card Act, and shall
17    not include an air rifle as defined by Section 1 of the Air
18    Rifle Act.
19(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
20eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
21eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
2296-1000, eff. 7-2-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    510 ILCS 70/11from Ch. 8, par. 711
4    510 ILCS 70/16.3
5    510 ILCS 70/16.6 new
6    720 ILCS 5/12-2from Ch. 38, par. 12-2
7    720 ILCS 5/12-4