Illinois General Assembly - Full Text of HB4141
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Full Text of HB4141  94th General Assembly

HB4141eng 94TH GENERAL ASSEMBLY



 


 
HB4141 Engrossed LRB094 14864 RLC 49872 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 12-4 as follows:
 
6     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
7     Sec. 12-4. Aggravated Battery.
8     (a) A person who, in committing a battery, intentionally or
9 knowingly causes great bodily harm, or permanent disability or
10 disfigurement commits aggravated battery.
11     (b) In committing a battery, a person commits aggravated
12 battery if he or she:
13         (1) Uses a deadly weapon other than by the discharge of
14     a firearm;
15         (2) Is hooded, robed or masked, in such manner as to
16     conceal his identity;
17         (3) Knows the individual harmed to be a teacher or
18     other person employed in any school and such teacher or
19     other employee is upon the grounds of a school or grounds
20     adjacent thereto, or is in any part of a building used for
21     school purposes;
22         (4) (Blank);
23         (5) (Blank);
24         (6) Knows the individual harmed to be a community
25     policing volunteer while such volunteer is engaged in the
26     execution of any official duties, or to prevent the
27     volunteer from performing official duties, or in
28     retaliation for the volunteer performing official duties,
29     and the battery is committed other than by the discharge of
30     a firearm;
31         (7) Knows the individual harmed to be an emergency
32     medical technician - ambulance, emergency medical

 

 

HB4141 Engrossed - 2 - LRB094 14864 RLC 49872 b

1     technician - intermediate, emergency medical technician -
2     paramedic, ambulance driver, other medical assistance,
3     first aid personnel, or hospital personnel engaged in the
4     performance of any of his or her official duties, or to
5     prevent the emergency medical technician - ambulance,
6     emergency medical technician - intermediate, emergency
7     medical technician - paramedic, ambulance driver, other
8     medical assistance, first aid personnel, or hospital
9     personnel from performing official duties, or in
10     retaliation for performing official duties;
11         (8) Is, or the person battered is, on or about a public
12     way, public property or public place of accommodation or
13     amusement;
14         (8.5) Is, or the person battered is, on a publicly or
15     privately owned sports or entertainment arena, stadium,
16     community or convention hall, special event center,
17     amusement facility, or a special event center in a public
18     park during any 24-hour period when a professional sporting
19     event, National Collegiate Athletic Association
20     (NCAA)-sanctioned sporting event, United States Olympic
21     Committee-sanctioned sporting event, or International
22     Olympic Committee-sanctioned sporting event is taking
23     place in this venue;
24         (9) Knows the individual harmed to be the driver,
25     operator, employee or passenger of any transportation
26     facility or system engaged in the business of
27     transportation of the public for hire and the individual
28     assaulted is then performing in such capacity or then using
29     such public transportation as a passenger or using any area
30     of any description designated by the transportation
31     facility or system as a vehicle boarding, departure, or
32     transfer location;
33         (10) Knows the individual harmed to be an individual of
34     60 years of age or older;
35         (11) Knows the individual harmed is pregnant;
36         (12) Knows the individual harmed to be a judge whom the

 

 

HB4141 Engrossed - 3 - LRB094 14864 RLC 49872 b

1     person intended to harm as a result of the judge's
2     performance of his or her official duties as a judge;
3         (13) (Blank);
4         (14) Knows the individual harmed to be a person who is
5     physically handicapped;
6         (15) Knowingly and without legal justification and by
7     any means causes bodily harm to a merchant who detains the
8     person for an alleged commission of retail theft under
9     Section 16A-5 of this Code. In this item (15), "merchant"
10     has the meaning ascribed to it in Section 16A-2.4 of this
11     Code;
12         (16) Is, or the person battered is, in any building or
13     other structure used to provide shelter or other services
14     to victims or to the dependent children of victims of
15     domestic violence pursuant to the Illinois Domestic
16     Violence Act of 1986 or the Domestic Violence Shelters Act,
17     or the person battered is within 500 feet of such a
18     building or other structure while going to or from such a
19     building or other structure. "Domestic violence" has the
20     meaning ascribed to it in Section 103 of the Illinois
21     Domestic Violence Act of 1986. "Building or other structure
22     used to provide shelter" has the meaning ascribed to
23     "shelter" in Section 1 of the Domestic Violence Shelters
24     Act;
25         (17) (Blank); or
26         (18) Knows the individual harmed to be an officer or
27     employee of the State of Illinois, a unit of local
28     government, or school district engaged in the performance
29     of his or her authorized duties as such officer or
30     employee; .
31         (19) (18) Knows the individual harmed to be an
32     emergency management worker engaged in the performance of
33     any of his or her official duties, or to prevent the
34     emergency management worker from performing official
35     duties, or in retaliation for the emergency management
36     worker performing official duties; or .

 

 

HB4141 Engrossed - 4 - LRB094 14864 RLC 49872 b

1         (20) Knows the individual harmed to be a taxi driver
2     and the battery is committed while the taxi driver is on
3     duty.
4     For the purpose of paragraph (14) of subsection (b) of this
5 Section, a physically handicapped person is a person who
6 suffers from a permanent and disabling physical
7 characteristic, resulting from disease, injury, functional
8 disorder or congenital condition.
9     (c) A person who administers to an individual or causes him
10 to take, without his consent or by threat or deception, and for
11 other than medical purposes, any intoxicating, poisonous,
12 stupefying, narcotic, anesthetic, or controlled substance
13 commits aggravated battery.
14     (d) A person who knowingly gives to another person any food
15 that contains any substance or object that is intended to cause
16 physical injury if eaten, commits aggravated battery.
17     (d-3) A person commits aggravated battery when he or she
18 knowingly and without lawful justification shines or flashes a
19 laser gunsight or other laser device that is attached or
20 affixed to a firearm, or used in concert with a firearm, so
21 that the laser beam strikes upon or against the person of
22 another.
23     (d-5) An inmate of a penal institution or a sexually
24 dangerous person or a sexually violent person in the custody of
25 the Department of Human Services who causes or attempts to
26 cause a correctional employee of the penal institution or an
27 employee of the Department of Human Services to come into
28 contact with blood, seminal fluid, urine, or feces, by
29 throwing, tossing, or expelling that fluid or material commits
30 aggravated battery. For purposes of this subsection (d-5),
31 "correctional employee" means a person who is employed by a
32 penal institution.
33     (e) Sentence.
34         (1) Except as otherwise provided in paragraphs (2) and
35     (3), aggravated battery is a Class 3 felony.
36         (2) Aggravated battery that does not cause great bodily

 

 

HB4141 Engrossed - 5 - LRB094 14864 RLC 49872 b

1     harm or permanent disability or disfigurement is a Class 2
2     felony when the person knows the individual harmed to be a
3     peace officer, a community policing volunteer, a
4     correctional institution employee, an employee of the
5     Department of Human Services supervising or controlling
6     sexually dangerous persons or sexually violent persons, or
7     a fireman while such officer, volunteer, employee, or
8     fireman is engaged in the execution of any official duties
9     including arrest or attempted arrest, or to prevent the
10     officer, volunteer, employee, or fireman from performing
11     official duties, or in retaliation for the officer,
12     volunteer, employee, or fireman performing official
13     duties, and the battery is committed other than by the
14     discharge of a firearm.
15         (3) Aggravated battery that causes great bodily harm or
16     permanent disability or disfigurement in violation of
17     subsection (a) is a Class 1 felony when the person knows
18     the individual harmed to be a peace officer, a community
19     policing volunteer, a correctional institution employee,
20     an employee of the Department of Human Services supervising
21     or controlling sexually dangerous persons or sexually
22     violent persons, or a fireman while such officer,
23     volunteer, employee, or fireman is engaged in the execution
24     of any official duties including arrest or attempted
25     arrest, or to prevent the officer, volunteer, employee, or
26     fireman from performing official duties, or in retaliation
27     for the officer, volunteer, employee, or fireman
28     performing official duties, and the battery is committed
29     other than by the discharge of a firearm.
30 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
31 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
32 94-482, eff. 1-1-06; revised 8-19-05.)