Illinois General Assembly - Full Text of SB3878
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Full Text of SB3878  102nd General Assembly

SB3878 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3878

 

Introduced 1/21/2022, by Sen. Karina Villa

 

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

    Amends the Criminal Code of 2012. Expands the offense of aggravated assault to include committing an assault when the defendant knows the individual assaulted to be a school board member upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes. Provides that a violation is a Class A misdemeanor.


LRB102 24188 RLC 33416 b

 

 

A BILL FOR

 

SB3878LRB102 24188 RLC 33416 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 2012 is amended by
5changing Section 12-2 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against
10an individual who is on or about a public way, public property,
11a public place of accommodation or amusement, or a sports
12venue, or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14    (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows the individual assaulted to be any of the following:
17        (1) A person with a physical disability or a person 60
18    years of age or older and the assault is without legal
19    justification.
20        (2) A teacher, school board member, or school employee
21    upon school grounds or grounds adjacent to a school or in
22    any part of a building used for school purposes.
23        (3) A park district employee upon park grounds or

 

 

SB3878- 2 -LRB102 24188 RLC 33416 b

1    grounds adjacent to a park or in any part of a building
2    used for park purposes.
3        (4) A community policing volunteer, private security
4    officer, or utility worker:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or
7        her official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (4.1) A peace officer, fireman, emergency management
11    worker, or emergency medical services personnel:
12            (i) performing his or her official duties;
13            (ii) assaulted to prevent performance of his or
14        her official duties; or
15            (iii) assaulted in retaliation for performing his
16        or her official duties.
17        (5) A correctional officer or probation officer:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or
20        her official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (6) A correctional institution employee, a county
24    juvenile detention center employee who provides direct and
25    continuous supervision of residents of a juvenile
26    detention center, including a county juvenile detention

 

 

SB3878- 3 -LRB102 24188 RLC 33416 b

1    center employee who supervises recreational activity for
2    residents of a juvenile detention center, or a Department
3    of Human Services employee, Department of Human Services
4    officer, or employee of a subcontractor of the Department
5    of Human Services supervising or controlling sexually
6    dangerous persons or sexually violent persons:
7            (i) performing his or her official duties;
8            (ii) assaulted to prevent performance of his or
9        her official duties; or
10            (iii) assaulted in retaliation for performing his
11        or her official duties.
12        (7) An employee of the State of Illinois, a municipal
13    corporation therein, or a political subdivision thereof,
14    performing his or her official duties.
15        (8) A transit employee performing his or her official
16    duties, or a transit passenger.
17        (9) A sports official or coach actively participating
18    in any level of athletic competition within a sports
19    venue, on an indoor playing field or outdoor playing
20    field, or within the immediate vicinity of such a facility
21    or field.
22        (10) A person authorized to serve process under
23    Section 2-202 of the Code of Civil Procedure or a special
24    process server appointed by the circuit court, while that
25    individual is in the performance of his or her duties as a
26    process server.

 

 

SB3878- 4 -LRB102 24188 RLC 33416 b

1    (c) Offense based on use of firearm, device, or motor
2vehicle. A person commits aggravated assault when, in
3committing an assault, he or she does any of the following:
4        (1) Uses a deadly weapon, an air rifle as defined in
5    Section 24.8-0.1 of this Act, or any device manufactured
6    and designed to be substantially similar in appearance to
7    a firearm, other than by discharging a firearm.
8        (2) Discharges a firearm, other than from a motor
9    vehicle.
10        (3) Discharges a firearm from a motor vehicle.
11        (4) Wears a hood, robe, or mask to conceal his or her
12    identity.
13        (5) Knowingly and without lawful justification shines
14    or flashes a laser gun sight or other laser device
15    attached to a firearm, or used in concert with a firearm,
16    so that the laser beam strikes near or in the immediate
17    vicinity of any person.
18        (6) Uses a firearm, other than by discharging the
19    firearm, against a peace officer, community policing
20    volunteer, fireman, private security officer, emergency
21    management worker, emergency medical services personnel,
22    employee of a police department, employee of a sheriff's
23    department, or traffic control municipal employee:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or
26        her official duties; or

 

 

SB3878- 5 -LRB102 24188 RLC 33416 b

1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (7) Without justification operates a motor vehicle in
4    a manner which places a person, other than a person listed
5    in subdivision (b)(4), in reasonable apprehension of being
6    struck by the moving motor vehicle.
7        (8) Without justification operates a motor vehicle in
8    a manner which places a person listed in subdivision
9    (b)(4), in reasonable apprehension of being struck by the
10    moving motor vehicle.
11        (9) Knowingly video or audio records the offense with
12    the intent to disseminate the recording.
13    (d) Sentence. Aggravated assault as defined in subdivision
14(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
15(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
16that aggravated assault as defined in subdivision (b)(4) and
17(b)(7) is a Class 4 felony if a Category I, Category II, or
18Category III weapon is used in the commission of the assault.
19Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
20(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
214 felony. Aggravated assault as defined in subdivision (c)(3)
22or (c)(8) is a Class 3 felony.
23    (e) For the purposes of this Section, "Category I weapon",
24"Category II weapon", and "Category III weapon" have the
25meanings ascribed to those terms in Section 33A-1 of this
26Code.

 

 

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1(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)