98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5965

 

Introduced , by Rep. Natalie A. Manley

 

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 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 State's Attorney or Assistant State's Attorney. Provides that a person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes severe and permanent disability which renders the individual incapable of independently performing basic life-sustaining functions for the remainder of his or her life. Provides that a person 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 State's Attorney or Assistant State's Attorney: (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. Establishes penalties.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law, which may be referred to as
2Eric's Law.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Criminal Code of 2012 is amended by changing
6Section 12-3.05 as follows:
 
7    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
8    Sec. 12-3.05. Aggravated battery.
9    (a) Offense based on injury. A person commits aggravated
10battery when, in committing a battery, other than by the
11discharge of a firearm, he or she knowingly does any of the
12following:
13        (1) Causes great bodily harm or permanent disability or
14    disfigurement.
15        (2) Causes severe and permanent disability, great
16    bodily harm, or disfigurement by means of a caustic or
17    flammable substance, a poisonous gas, a deadly biological
18    or chemical contaminant or agent, a radioactive substance,
19    or a bomb or explosive compound.
20        (3) Causes great bodily harm or permanent disability or
21    disfigurement to an individual whom the person knows to be
22    a peace officer, community policing volunteer, fireman,
23    private security officer, correctional institution

 

 

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1    employee, State's Attorney, Assistant State's Attorney, or
2    Department of Human Services employee supervising or
3    controlling sexually dangerous persons or sexually violent
4    persons:
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        (4) Causes great bodily harm or permanent disability or
11    disfigurement to an individual 60 years of age or older.
12        (5) Strangles another individual.
13        (6) Causes severe and permanent disability which
14    renders the individual incapable of independently
15    performing basic life-sustaining functions for the
16    remainder of his or her life.
17    (b) Offense based on injury to a child or intellectually
18disabled person. A person who is at least 18 years of age
19commits aggravated battery when, in committing a battery, he or
20she knowingly and without legal justification by any means:
21        (1) causes great bodily harm or permanent disability or
22    disfigurement to any child under the age of 13 years, or to
23    any severely or profoundly intellectually disabled person;
24    or
25        (2) causes bodily harm or disability or disfigurement
26    to any child under the age of 13 years or to any severely

 

 

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1    or profoundly intellectually disabled person.
2    (c) Offense based on location of conduct. A person commits
3aggravated battery when, in committing a battery, other than by
4the discharge of a firearm, he or she is or the person battered
5is on or about a public way, public property, a public place of
6accommodation or amusement, a sports venue, or a domestic
7violence shelter.
8    (d) Offense based on status of victim. A person commits
9aggravated battery when, in committing a battery, other than by
10discharge of a firearm, he or she knows the individual battered
11to be any of the following:
12        (1) A person 60 years of age or older.
13        (2) A person who is pregnant or physically handicapped.
14        (3) A teacher or school employee upon school grounds or
15    grounds adjacent to a school or in any part of a building
16    used for school purposes.
17        (4) A peace officer, community policing volunteer,
18    fireman, private security officer, correctional
19    institution employee, or Department of Human Services
20    employee supervising or controlling sexually dangerous
21    persons or sexually violent persons:
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.

 

 

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

 

 

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1aggravated battery when, in committing a battery, he or she
2knowingly does any of the following:
3        (1) Discharges a firearm, other than a machine gun or a
4    firearm equipped with a silencer, and causes any injury to
5    another person.
6        (2) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be a peace officer, community
9    policing volunteer, person summoned by a police officer,
10    fireman, private security officer, correctional
11    institution employee, or emergency management worker:
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        (3) Discharges a firearm, other than a machine gun or a
18    firearm equipped with a silencer, and causes any injury to
19    a person he or she knows to be an emergency medical
20    technician employed by a municipality or other
21    governmental unit:
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.

 

 

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

 

 

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1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (8) Discharges a machine gun or a firearm equipped with
4    a silencer, and causes any injury to a person he or she
5    knows to be a teacher, or a student in a school, or a
6    school employee, and the teacher, student, or employee is
7    upon school grounds or grounds adjacent to a school or in
8    any part of a building used for school purposes.
9    (f) Offense based on use of a weapon or device. A person
10commits aggravated battery when, in committing a battery, he or
11she does any of the following:
12        (1) Uses a deadly weapon other than by discharge of a
13    firearm, or uses an air rifle as defined in Section
14    24.8-0.1 of this Code the Air Rifle Act.
15        (2) Wears a hood, robe, or mask to conceal his or her
16    identity.
17        (3) Knowingly and without lawful justification shines
18    or flashes a laser gunsight or other laser device attached
19    to a firearm, or used in concert with a firearm, so that
20    the laser beam strikes upon or against the person of
21    another.
22        (4) Knowingly video or audio records the offense with
23    the intent to disseminate the recording.
24    (g) Offense based on certain conduct. A person commits
25aggravated battery when, other than by discharge of a firearm,
26he or she does any of the following:

 

 

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1        (1) Violates Section 401 of the Illinois Controlled
2    Substances Act by unlawfully delivering a controlled
3    substance to another and any user experiences great bodily
4    harm or permanent disability as a result of the injection,
5    inhalation, or ingestion of any amount of the controlled
6    substance.
7        (2) Knowingly administers to an individual or causes
8    him or her to take, without his or her consent or by threat
9    or deception, and for other than medical purposes, any
10    intoxicating, poisonous, stupefying, narcotic, anesthetic,
11    or controlled substance, or gives to another person any
12    food containing any substance or object intended to cause
13    physical injury if eaten.
14        (3) Knowingly causes or attempts to cause a
15    correctional institution employee or Department of Human
16    Services employee to come into contact with blood, seminal
17    fluid, urine, or feces by throwing, tossing, or expelling
18    the fluid or material, and the person is an inmate of a
19    penal institution or is a sexually dangerous person or
20    sexually violent person in the custody of the Department of
21    Human Services.
22    (h) Sentence. Unless otherwise provided, aggravated
23battery is a Class 3 felony.
24    Aggravated battery as defined in subdivision (a)(4),
25(d)(4), or (g)(3) is a Class 2 felony.
26    Aggravated battery as defined in subdivision (a)(3) or

 

 

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1(g)(1) is a Class 1 felony.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 1 felony when the aggravated battery was intentional and
4involved the infliction of torture, as defined in paragraph
5(14) of subsection (b) of Section 9-1 of this Code, as the
6infliction of or subjection to extreme physical pain, motivated
7by an intent to increase or prolong the pain, suffering, or
8agony of the victim.
9    Aggravated battery under subdivision (a)(5) is a Class 1
10felony if:
11        (A) the person used or attempted to use a dangerous
12    instrument while committing the offense; or
13        (B) the person caused great bodily harm or permanent
14    disability or disfigurement to the other person while
15    committing the offense; or
16        (C) the person has been previously convicted of a
17    violation of subdivision (a)(5) under the laws of this
18    State or laws similar to subdivision (a)(5) of any other
19    state.
20    Aggravated battery as defined in subdivision (e)(1) is a
21Class X felony.
22    Aggravated battery as defined in subdivision (a)(2) is a
23Class X felony for which a person shall be sentenced to a term
24of imprisonment of a minimum of 6 years and a maximum of 45
25years.
26    Aggravated battery as defined in subdivision (a)(6) or

 

 

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1(e)(5) is a Class X felony for which a person shall be
2sentenced to a term of imprisonment of a minimum of 12 years
3and a maximum of 45 years.
4    Aggravated battery as defined in subdivision (e)(2),
5(e)(3), or (e)(4) is a Class X felony for which a person shall
6be sentenced to a term of imprisonment of a minimum of 15 years
7and a maximum of 60 years.
8    Aggravated battery as defined in subdivision (e)(6),
9(e)(7), or (e)(8) is a Class X felony for which a person shall
10be sentenced to a term of imprisonment of a minimum of 20 years
11and a maximum of 60 years.
12    Aggravated battery as defined in subdivision (b)(1) is a
13Class X felony, except that:
14        (1) if the person committed the offense while armed
15    with a firearm, 15 years shall be added to the term of
16    imprisonment imposed by the court;
17        (2) if, during the commission of the offense, the
18    person personally discharged a firearm, 20 years shall be
19    added to the term of imprisonment imposed by the court;
20        (3) if, during the commission of the offense, the
21    person personally discharged a firearm that proximately
22    caused great bodily harm, permanent disability, permanent
23    disfigurement, or death to another person, 25 years or up
24    to a term of natural life shall be added to the term of
25    imprisonment imposed by the court.
26    (i) Definitions. For the purposes of this Section:

 

 

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1    "Building or other structure used to provide shelter" has
2the meaning ascribed to "shelter" in Section 1 of the Domestic
3Violence Shelters Act.
4    "Domestic violence" has the meaning ascribed to it in
5Section 103 of the Illinois Domestic Violence Act of 1986.
6    "Domestic violence shelter" means any building or other
7structure used to provide shelter or other services to victims
8or to the dependent children of victims of domestic violence
9pursuant to the Illinois Domestic Violence Act of 1986 or the
10Domestic Violence Shelters Act, or any place within 500 feet of
11such a building or other structure in the case of a person who
12is going to or from such a building or other structure.
13    "Firearm" has the meaning provided under Section 1.1 of the
14Firearm Owners Identification Card Act, and does not include an
15air rifle as defined by Section 24.8-0.1 of this Code.
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 16-0.1
19of 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. 97-597, eff. 1-1-12; incorporates 97-227, eff.
251-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
26eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised

 

 

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19-24-13.)