97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2004

 

Introduced 2/10/2011, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-4

    Amends the Criminal Code of 1961. Provides that the assault or battery of a person known by the offender to be a process server in the performance of the delivery of court documents is enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault of a process server under such circumstances is a Class 4 felony. Provides that the aggravated battery of a process server under such circumstances is a Class 3 felony.


LRB097 10196 RLC 50389 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2004LRB097 10196 RLC 50389 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 1961 is amended by changing
5Sections 12-2 and 12-4 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) A person commits an aggravated assault, when, in
9committing an assault, he:
10        (1) Uses a deadly weapon, an air rifle as defined in
11    the Air Rifle Act, or any device manufactured and designed
12    to be substantially similar in appearance to a firearm,
13    other than by discharging a firearm in the direction of
14    another person, a peace officer, a person summoned or
15    directed by a peace officer, a correctional officer, a
16    private security officer, or a fireman or in the direction
17    of a vehicle occupied by another person, a peace officer, a
18    person summoned or directed by a peace officer, a
19    correctional officer, a private security officer, or a
20    fireman while the officer or fireman is engaged in the
21    execution of any of his official duties, or to prevent the
22    officer or fireman from performing his official duties, or
23    in retaliation for the officer or fireman performing his

 

 

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1    official duties;
2        (2) Is hooded, robed or masked in such manner as to
3    conceal his identity or any device manufactured and
4    designed to be substantially similar in appearance to a
5    firearm;
6        (3) Knows the individual assaulted to be a teacher or
7    other person employed in any school and such teacher or
8    other employee is upon the grounds of a school or grounds
9    adjacent thereto, or is in any part of a building used for
10    school purposes;
11        (4) Knows the individual assaulted to be a supervisor,
12    director, instructor or other person employed in any park
13    district and such supervisor, director, instructor or
14    other employee is upon the grounds of the park or grounds
15    adjacent thereto, or is in any part of a building used for
16    park purposes;
17        (5) Knows the individual assaulted to be a caseworker,
18    investigator, or other person employed by the Department of
19    Healthcare and Family Services (formerly State Department
20    of Public Aid), a County Department of Public Aid, or the
21    Department of Human Services (acting as successor to the
22    Illinois Department of Public Aid under the Department of
23    Human Services Act) and such caseworker, investigator, or
24    other person is upon the grounds of a public aid office or
25    grounds adjacent thereto, or is in any part of a building
26    used for public aid purposes, or upon the grounds of a home

 

 

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

 

 

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

 

 

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1    place in this venue;
2        (10) Knows the individual assaulted to be an employee
3    of the State of Illinois, a municipal corporation therein
4    or a political subdivision thereof, engaged in the
5    performance of his authorized duties as such employee;
6        (11) Knowingly and without legal justification,
7    commits an assault on a physically handicapped person;
8        (12) Knowingly and without legal justification,
9    commits an assault on a person 60 years of age or older;
10        (13) Discharges a firearm, other than from a motor
11    vehicle;
12        (13.5) Discharges a firearm from a motor vehicle;
13        (14) Knows the individual assaulted to be a
14    correctional officer, while the officer is engaged in the
15    execution of any of his or her official duties, or to
16    prevent the officer from performing his or her official
17    duties, or in retaliation for the officer performing his or
18    her official duties;
19        (14.5) Knows the individual assaulted to be a probation
20    officer, as defined in the Probation and Probation Officers
21    Act, while the officer is engaged in the execution of any
22    of his or her official duties, or to prevent the officer
23    from performing his or her official duties, or in
24    retaliation for the officer performing his or her official
25    duties;
26        (15) Knows the individual assaulted to be a

 

 

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

 

 

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1    participant in the athletic contest held at the athletic
2    facility. For the purposes of this paragraph (17), "sports
3    official" means a person at an athletic contest who
4    enforces the rules of the contest, such as an umpire or
5    referee; and "coach" means a person recognized as a coach
6    by the sanctioning authority that conducted the athletic
7    contest;
8        (18) Knows the individual assaulted to be an emergency
9    management worker, while the emergency management worker
10    is engaged in the execution of any of his or her official
11    duties, or to prevent the emergency management worker from
12    performing his or her official duties, or in retaliation
13    for the emergency management worker performing his or her
14    official duties, and the assault is committed other than by
15    the discharge of a firearm in the direction of the
16    emergency management worker or in the direction of a
17    vehicle occupied by the emergency management worker; or
18        (19) Knows the individual assaulted to be a utility
19    worker, while the utility worker is engaged in the
20    execution of his or her duties, or to prevent the utility
21    worker from performing his or her duties, or in retaliation
22    for the utility worker performing his or her duties. In
23    this paragraph (19), "utility worker" means a person
24    employed by a public utility as defined in Section 3-105 of
25    the Public Utilities Act and also includes an employee of a
26    municipally owned utility, an employee of a cable

 

 

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1    television company, an employee of an electric cooperative
2    as defined in Section 3-119 of the Public Utilities Act, an
3    independent contractor or an employee of an independent
4    contractor working on behalf of a cable television company,
5    public utility, municipally owned utility, or an electric
6    cooperative, or an employee of a telecommunications
7    carrier as defined in Section 13-202 of the Public
8    Utilities Act, an independent contractor or an employee of
9    an independent contractor working on behalf of a
10    telecommunications carrier, or an employee of a telephone
11    or telecommunications cooperative as defined in Section
12    13-212 of the Public Utilities Act, or an independent
13    contractor or an employee of an independent contractor
14    working on behalf of a telephone or telecommunications
15    cooperative; or .
16        (20) Knows the individual assaulted to be a process
17    server in the performance of the delivery of court
18    documents.
19    (a-5) A person commits an aggravated assault when he or she
20knowingly and without lawful justification shines or flashes a
21laser gunsight or other laser device that is attached or
22affixed to a firearm, or used in concert with a firearm, so
23that the laser beam strikes near or in the immediate vicinity
24of any person.
25    (a-10) A person commits an aggravated assault when he or
26she knowingly and without justification operates a motor

 

 

SB2004- 9 -LRB097 10196 RLC 50389 b

1vehicle in a manner which places a person in reasonable
2apprehension of being struck by a moving vehicle.
3    (b) Sentence.
4    Aggravated assault as defined in paragraphs (1) through (5)
5and (8) through (12) and (17) and (19) of subsection (a) of
6this Section is a Class A misdemeanor. Aggravated assault as
7defined in paragraphs (13), (14), (14.5), and (15), and (20) of
8subsection (a) of this Section and as defined in subsection
9(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
10assault as defined in paragraphs (6) and (16) of subsection (a)
11of this Section is a Class A misdemeanor if a Category I,
12Category II, or Category III weapon is not used in the
13commission of the assault. Aggravated assault as defined in
14paragraphs (6) and (16) of subsection (a) of this Section is a
15Class 4 felony if a Category I, Category II, or Category III
16weapon is used in the commission of the assault. Aggravated
17assault as defined in paragraphs (7) and (18) of subsection (a)
18of this Section is a Class A misdemeanor if a firearm is not
19used in the commission of the assault. Aggravated assault as
20defined in paragraphs (7) and (18) of subsection (a) of this
21Section is a Class 4 felony if a firearm is used in the
22commission of the assault. Aggravated assault as defined in
23subsection (a-10) where the victim was a person defined in
24paragraph (6) or paragraph (13.5) of subsection (a) is a Class
253 felony. For the purposes of this subsection (b), "Category I
26weapon", "Category II weapon", and "Category III weapon" have

 

 

SB2004- 10 -LRB097 10196 RLC 50389 b

1the meanings ascribed to those terms in subsection (c) of
2Section 33A-1 of this Code.
3    (c) For the purposes of paragraphs (1) and (6) of
4subsection (a), "private security officer" means a registered
5employee of a private security contractor agency under the
6Private Detective, Private Alarm, Private Security,
7Fingerprint Vendor, and Locksmith Act of 2004.
8(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
995-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
109-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
11eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
12revised 9-16-10.)
 
13    (720 ILCS 5/12-4)
14    Sec. 12-4. Aggravated Battery.
15    (a) A person who, in committing a battery, intentionally or
16knowingly causes great bodily harm, or permanent disability or
17disfigurement commits aggravated battery.
18    (b) In committing a battery, a person commits aggravated
19battery if he or she:
20        (1) Uses a deadly weapon other than by the discharge of
21    a firearm, or uses an air rifle as defined in the Air Rifle
22    Act;
23        (2) Is hooded, robed or masked, in such manner as to
24    conceal his identity;
25        (3) Knows the individual harmed to be a teacher or

 

 

SB2004- 11 -LRB097 10196 RLC 50389 b

1    other person employed in any school and such teacher or
2    other employee is upon the grounds of a school or grounds
3    adjacent thereto, or is in any part of a building used for
4    school purposes;
5        (4) (Blank);
6        (5) (Blank);
7        (6) Knows the individual harmed to be a community
8    policing volunteer while such volunteer is engaged in the
9    execution of any official duties, or to prevent the
10    volunteer from performing official duties, or in
11    retaliation for the volunteer performing official duties,
12    and the battery is committed other than by the discharge of
13    a firearm;
14        (7) Knows the individual harmed to be an emergency
15    medical technician - ambulance, emergency medical
16    technician - intermediate, emergency medical technician -
17    paramedic, ambulance driver, other medical assistance,
18    first aid personnel, or hospital personnel engaged in the
19    performance of any of his or her official duties, or to
20    prevent the emergency medical technician - ambulance,
21    emergency medical technician - intermediate, emergency
22    medical technician - paramedic, ambulance driver, other
23    medical assistance, first aid personnel, or hospital
24    personnel from performing official duties, or in
25    retaliation for performing official duties;
26        (8) Is, or the person battered is, on or about a public

 

 

SB2004- 12 -LRB097 10196 RLC 50389 b

1    way, public property or public place of accommodation or
2    amusement;
3        (8.5) Is, or the person battered is, on a publicly or
4    privately owned sports or entertainment arena, stadium,
5    community or convention hall, special event center,
6    amusement facility, or a special event center in a public
7    park during any 24-hour period when a professional sporting
8    event, National Collegiate Athletic Association
9    (NCAA)-sanctioned sporting event, United States Olympic
10    Committee-sanctioned sporting event, or International
11    Olympic Committee-sanctioned sporting event is taking
12    place in this venue;
13        (9) Knows the individual harmed to be the driver,
14    operator, employee or passenger of any transportation
15    facility or system engaged in the business of
16    transportation of the public for hire and the individual
17    assaulted is then performing in such capacity or then using
18    such public transportation as a passenger or using any area
19    of any description designated by the transportation
20    facility or system as a vehicle boarding, departure, or
21    transfer location;
22        (10) Knows the individual harmed to be an individual of
23    60 years of age or older;
24        (11) Knows the individual harmed is pregnant;
25        (12) Knows the individual harmed to be a judge whom the
26    person intended to harm as a result of the judge's

 

 

SB2004- 13 -LRB097 10196 RLC 50389 b

1    performance of his or her official duties as a judge;
2        (13) (Blank);
3        (14) Knows the individual harmed to be a person who is
4    physically handicapped;
5        (15) Knowingly and without legal justification and by
6    any means causes bodily harm to a merchant who detains the
7    person for an alleged commission of retail theft under
8    Section 16A-5 of this Code. In this item (15), "merchant"
9    has the meaning ascribed to it in Section 16A-2.4 of this
10    Code;
11        (16) Is, or the person battered is, in any building or
12    other structure used to provide shelter or other services
13    to victims or to the dependent children of victims of
14    domestic violence pursuant to the Illinois Domestic
15    Violence Act of 1986 or the Domestic Violence Shelters Act,
16    or the person battered is within 500 feet of such a
17    building or other structure while going to or from such a
18    building or other structure. "Domestic violence" has the
19    meaning ascribed to it in Section 103 of the Illinois
20    Domestic Violence Act of 1986. "Building or other structure
21    used to provide shelter" has the meaning ascribed to
22    "shelter" in Section 1 of the Domestic Violence Shelters
23    Act;
24        (17) (Blank);
25        (18) Knows the individual harmed to be an officer or
26    employee of the State of Illinois, a unit of local

 

 

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1    government, or school district engaged in the performance
2    of his or her authorized duties as such officer or
3    employee;
4        (19) Knows the individual harmed to be an emergency
5    management worker engaged in the performance of any of his
6    or her official duties, or to prevent the emergency
7    management worker from performing official duties, or in
8    retaliation for the emergency management worker performing
9    official duties;
10        (20) Knows the individual harmed to be a private
11    security officer engaged in the performance of any of his
12    or her official duties, or to prevent the private security
13    officer from performing official duties, or in retaliation
14    for the private security officer performing official
15    duties; or
16        (21) Knows the individual harmed to be a taxi driver
17    and the battery is committed while the taxi driver is on
18    duty; or
19        (22) Knows the individual harmed to be a utility
20    worker, while the utility worker is engaged in the
21    execution of his or her duties, or to prevent the utility
22    worker from performing his or her duties, or in retaliation
23    for the utility worker performing his or her duties. In
24    this paragraph (22), "utility worker" means a person
25    employed by a public utility as defined in Section 3-105 of
26    the Public Utilities Act and also includes an employee of a

 

 

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1    municipally owned utility, an employee of a cable
2    television company, an employee of an electric cooperative
3    as defined in Section 3-119 of the Public Utilities Act, an
4    independent contractor or an employee of an independent
5    contractor working on behalf of a cable television company,
6    public utility, municipally owned utility, or an electric
7    cooperative, or an employee of a telecommunications
8    carrier as defined in Section 13-202 of the Public
9    Utilities Act, an independent contractor or an employee of
10    an independent contractor working on behalf of a
11    telecommunications carrier, or an employee of a telephone
12    or telecommunications cooperative as defined in Section
13    13-212 of the Public Utilities Act, or an independent
14    contractor or an employee of an independent contractor
15    working on behalf of a telephone or telecommunications
16    cooperative; or .
17        (23) Knows the individual harmed to be a process server
18    in the performance of the delivery of court documents.
19    For the purpose of paragraph (14) of subsection (b) of this
20Section, a physically handicapped person is a person who
21suffers from a permanent and disabling physical
22characteristic, resulting from disease, injury, functional
23disorder or congenital condition.
24    For the purpose of paragraph (20) of subsection (b) and
25subsection (e) of this Section, "private security officer"
26means a registered employee of a private security contractor

 

 

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1agency under the Private Detective, Private Alarm, Private
2Security, Fingerprint Vendor, and Locksmith Act of 2004.
3    (c) A person who administers to an individual or causes him
4to take, without his consent or by threat or deception, and for
5other than medical purposes, any intoxicating, poisonous,
6stupefying, narcotic, anesthetic, or controlled substance
7commits aggravated battery.
8    (d) A person who knowingly gives to another person any food
9that contains any substance or object that is intended to cause
10physical injury if eaten, commits aggravated battery.
11    (d-3) A person commits aggravated battery when he or she
12knowingly and without lawful justification shines or flashes a
13laser gunsight or other laser device that is attached or
14affixed to a firearm, or used in concert with a firearm, so
15that the laser beam strikes upon or against the person of
16another.
17    (d-5) An inmate of a penal institution or a sexually
18dangerous person or a sexually violent person in the custody of
19the Department of Human Services who causes or attempts to
20cause a correctional employee of the penal institution or an
21employee of the Department of Human Services to come into
22contact with blood, seminal fluid, urine, or feces, by
23throwing, tossing, or expelling that fluid or material commits
24aggravated battery. For purposes of this subsection (d-5),
25"correctional employee" means a person who is employed by a
26penal institution.

 

 

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1    (d-6) A person commits aggravated battery when he or she,
2in committing a battery, strangles another individual. For the
3purposes of this subsection (d-6), "strangle" means
4intentionally impeding the normal breathing or circulation of
5the blood of an individual by applying pressure on the throat
6or neck of that individual or by blocking the nose or mouth of
7that individual.
8    (e) Sentence.
9        (1) Except as otherwise provided in paragraphs (2),
10    (3), (4), and (5) aggravated battery is a Class 3 felony.
11        (2) Aggravated battery that does not cause great bodily
12    harm or permanent disability or disfigurement is a Class 2
13    felony when the person knows the individual harmed to be a
14    peace officer, a community policing volunteer, a private
15    security officer, a correctional institution employee, an
16    employee of the Department of Human Services supervising or
17    controlling sexually dangerous persons or sexually violent
18    persons, or a fireman while such officer, volunteer,
19    employee, or fireman is engaged in the execution of any
20    official duties including arrest or attempted arrest, or to
21    prevent the officer, volunteer, employee, or fireman from
22    performing official duties, or in retaliation for the
23    officer, volunteer, employee, or fireman performing
24    official duties, and the battery is committed other than by
25    the discharge of a firearm.
26        (3) Aggravated battery that causes great bodily harm or

 

 

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

 

 

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1        State or laws similar to subsection (d-6) of any other
2        state.
3        (6) For purposes of this subsection (e), the term
4    "firearm" shall have the meaning provided under Section 1.1
5    of the Firearms Owners Identification Card Act, and shall
6    not include an air rifle as defined by Section 1 of the Air
7    Rifle Act.
8(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
9eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
10eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1196-1000, eff. 7-2-10.)