Illinois General Assembly - Full Text of HB3933
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Full Text of HB3933  102nd General Assembly

HB3933 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3933

 

Introduced 2/22/2021, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Criminal Code of 2012. Provides that aggravated battery, other than by the discharge of a firearm, includes a battery committed by a person who, at the time of the commission of the offense, is 21 years of age or older and the battery was committed upon an individual whom the person committing the offense knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, or a Department of Children and Family Services employee: (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. Provides that a violation is a Class 2 felony, except if the battery causes great bodily harm or permanent disability or disfigurement to an individual, a violation is a Class 1 felony. Defines "Department of Children and Family Services employee" and "ombudsman".


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3933LRB102 17061 KMF 22489 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 12-3.05 as follows:
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability
13    or disfigurement.
14        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological
17    or chemical contaminant or agent, a radioactive substance,
18    or a bomb or explosive compound.
19        (3) Causes great bodily harm or permanent disability
20    or disfigurement to an individual whom the person knows to
21    be a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, a person performing duties related to the Adult

 

 

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1    Protective Services Act or ombudsman under the State Long
2    Term Care Ombudsman Program of the Department on Aging, or
3    Department of Human Services employee supervising or
4    controlling sexually dangerous persons or sexually violent
5    persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (3.1) Is, at the time of the commission of the
12    offense, 21 years of age or older and causes great bodily
13    harm or permanent disability or disfigurement to an
14    individual whom the person knows to be a Department of
15    Children and Family Services employee:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability
22    or disfigurement to an individual 60 years of age or
23    older.
24        (5) Strangles another individual.
25    (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

 

 

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1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4        (1) causes great bodily harm or permanent disability
5    or disfigurement to any child under the age of 13 years, or
6    to any person with a severe or profound intellectual
7    disability; or
8        (2) causes bodily harm or disability or disfigurement
9    to any child under the age of 13 years or to any person
10    with a severe or profound intellectual disability.
11    (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19    (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23        (1) A person 60 years of age or older.
24        (2) A person who is pregnant or has a physical
25    disability.
26        (3) A teacher or school employee upon school grounds

 

 

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1    or grounds adjacent to a school or in any part of a
2    building used for school purposes.
3        (4) A peace officer, community policing volunteer,
4    fireman, private security officer, correctional
5    institution employee, a person performing duties related
6    to the Adult Protective Services Act or ombudsman under
7    the State Long Term Care Ombudsman Program of the
8    Department on Aging, or Department of Human Services
9    employee supervising or controlling sexually dangerous
10    persons or sexually violent persons:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (4.1)(A) A Department of Children and Family Services
17    employee:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties; and
23        (B) the person committing the offense, at the time of
24    the commission of the offense, is 21 years of age or older.
25        (5) A judge, emergency management worker, emergency
26    medical services personnel, or utility worker:

 

 

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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (6) An officer or employee of the State of Illinois, a
7    unit of local government, or a school district, while
8    performing his or her official duties.
9        (7) A transit employee performing his or her official
10    duties, or a transit passenger.
11        (8) A taxi driver on duty.
12        (9) A merchant who detains the person for an alleged
13    commission of retail theft under Section 16-26 of this
14    Code and the person without legal justification by any
15    means causes bodily harm to the merchant.
16        (10) A person authorized to serve process under
17    Section 2-202 of the Code of Civil Procedure or a special
18    process server appointed by the circuit court while that
19    individual is in the performance of his or her duties as a
20    process server.
21        (11) A nurse while in the performance of his or her
22    duties as a nurse.
23        (12) A merchant: (i) while performing his or her
24    duties, including, but not limited to, relaying directions
25    for healthcare or safety from his or her supervisor or
26    employer or relaying health or safety guidelines,

 

 

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1    recommendations, regulations, or rules from a federal,
2    State, or local public health agency; and (ii) during a
3    disaster declared by the Governor, or a state of emergency
4    declared by the mayor of the municipality in which the
5    merchant is located, due to a public health emergency and
6    for a period of 6 months after such declaration.
7    (e) Offense based on use of a firearm. A person commits
8aggravated battery when, in committing a battery, he or she
9knowingly does any of the following:
10        (1) Discharges a firearm, other than a machine gun or
11    a firearm equipped with a silencer, and causes any injury
12    to another person.
13        (2) Discharges a firearm, other than a machine gun or
14    a firearm equipped with a silencer, and causes any injury
15    to a person he or she knows to be a peace officer,
16    community policing volunteer, person summoned by a police
17    officer, fireman, private security officer, correctional
18    institution employee, or emergency management worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (3) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to a person he or she knows to be emergency medical

 

 

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

 

 

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

 

 

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1        (4) Knowingly video or audio records the offense with
2    the intent to disseminate the recording.
3    (g) Offense based on certain conduct. A person commits
4aggravated battery when, other than by discharge of a firearm,
5he or she does any of the following:
6        (1) Violates Section 401 of the Illinois Controlled
7    Substances Act by unlawfully delivering a controlled
8    substance to another and any user experiences great bodily
9    harm or permanent disability as a result of the injection,
10    inhalation, or ingestion of any amount of the controlled
11    substance.
12        (2) Knowingly administers to an individual or causes
13    him or her to take, without his or her consent or by threat
14    or deception, and for other than medical purposes, any
15    intoxicating, poisonous, stupefying, narcotic,
16    anesthetic, or controlled substance, or gives to another
17    person any food containing any substance or object
18    intended to cause physical injury if eaten.
19        (3) Knowingly causes or attempts to cause a
20    correctional institution employee or Department of Human
21    Services employee to come into contact with blood, seminal
22    fluid, urine, or feces by throwing, tossing, or expelling
23    the fluid or material, and the person is an inmate of a
24    penal institution or is a sexually dangerous person or
25    sexually violent person in the custody of the Department
26    of Human Services.

 

 

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1    (h) Sentence. Unless otherwise provided, aggravated
2battery is a Class 3 felony.
3    Aggravated battery as defined in subdivision (a)(4),
4(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
5    Aggravated battery as defined in subdivision (a)(3),
6(a)(3.1), or (g)(1) is a Class 1 felony.
7    Aggravated battery as defined in subdivision (a)(1) is a
8Class 1 felony when the aggravated battery was intentional and
9involved the infliction of torture, as defined in paragraph
10(14) of subsection (b) of Section 9-1 of this Code, as the
11infliction of or subjection to extreme physical pain,
12motivated by an intent to increase or prolong the pain,
13suffering, or agony of the victim.
14    Aggravated battery as defined in subdivision (a)(1) is a
15Class 2 felony when the person causes great bodily harm or
16permanent disability to an individual whom the person knows to
17be a member of a congregation engaged in prayer or other
18religious activities at a church, synagogue, mosque, or other
19building, structure, or place used for religious worship.
20    Aggravated battery under subdivision (a)(5) is a Class 1
21felony if:
22        (A) the person used or attempted to use a dangerous
23    instrument while committing the offense;
24        (B) the person caused great bodily harm or permanent
25    disability or disfigurement to the other person while
26    committing the offense; or

 

 

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1        (C) the person has been previously convicted of a
2    violation of subdivision (a)(5) under the laws of this
3    State or laws similar to subdivision (a)(5) of any other
4    state.
5    Aggravated battery as defined in subdivision (e)(1) is a
6Class X felony.
7    Aggravated battery as defined in subdivision (a)(2) is a
8Class X felony for which a person shall be sentenced to a term
9of imprisonment of a minimum of 6 years and a maximum of 45
10years.
11    Aggravated battery as defined in subdivision (e)(5) is a
12Class X felony for which a person shall be sentenced to a term
13of imprisonment of a minimum of 12 years and a maximum of 45
14years.
15    Aggravated battery as defined in subdivision (e)(2),
16(e)(3), or (e)(4) is a Class X felony for which a person shall
17be sentenced to a term of imprisonment of a minimum of 15 years
18and a maximum of 60 years.
19    Aggravated battery as defined in subdivision (e)(6),
20(e)(7), or (e)(8) is a Class X felony for which a person shall
21be sentenced to a term of imprisonment of a minimum of 20 years
22and a maximum of 60 years.
23    Aggravated battery as defined in subdivision (b)(1) is a
24Class X felony, except that:
25        (1) if the person committed the offense while armed
26    with a firearm, 15 years shall be added to the term of

 

 

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1    imprisonment imposed by the court;
2        (2) if, during the commission of the offense, the
3    person personally discharged a firearm, 20 years shall be
4    added to the term of imprisonment imposed by the court;
5        (3) if, during the commission of the offense, the
6    person personally discharged a firearm that proximately
7    caused great bodily harm, permanent disability, permanent
8    disfigurement, or death to another person, 25 years or up
9    to a term of natural life shall be added to the term of
10    imprisonment imposed by the court.
11    (i) Definitions. In this Section:
12    "Building or other structure used to provide shelter" has
13the meaning ascribed to "shelter" in Section 1 of the Domestic
14Violence Shelters Act.
15    "Department of Children and Family Services employee"
16includes a worker, case worker, or investigator employed by an
17agency or organization providing social work, case work, or
18investigative services under a contract with or a grant from
19the Department of Children and Family Services.
20    "Domestic violence" has the meaning ascribed to it in
21Section 103 of the Illinois Domestic Violence Act of 1986.
22    "Domestic violence shelter" means any building or other
23structure used to provide shelter or other services to victims
24or to the dependent children of victims of domestic violence
25pursuant to the Illinois Domestic Violence Act of 1986 or the
26Domestic Violence Shelters Act, or any place within 500 feet

 

 

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1of such a building or other structure in the case of a person
2who is going to or from such a building or other structure.
3    "Firearm" has the meaning provided under Section 1.1 of
4the Firearm Owners Identification Card Act, and does not
5include an air rifle as defined by Section 24.8-0.1 of this
6Code.
7    "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9    "Merchant" has the meaning ascribed to it in Section
1016-0.1 of this Code.
11    "Ombudsman" has the meaning ascribed to it in paragraph
12(3.1) of subsection (b) of Section 4.04 of the Illinois Act on
13the Aging.
14    "Strangle" means intentionally impeding the normal
15breathing or circulation of the blood of an individual by
16applying pressure on the throat or neck of that individual or
17by blocking the nose or mouth of that individual.
18(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)