Full Text of HB0233 97th General Assembly
HB0233enr 97TH GENERAL ASSEMBLY |
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| 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)
| 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, or uses an air rifle as defined in the Air Rifle | 15 | | Act;
| 16 | | (2) Is hooded, robed or masked, in such manner as to | 17 | | conceal his
identity;
| 18 | | (3) Knows the individual harmed to be a teacher or | 19 | | other person
employed in any school and such teacher or | 20 | | other employee is upon the
grounds of a school or grounds | 21 | | adjacent thereto, or is in any part of a
building used for | 22 | | school purposes;
| 23 | | (4) (Blank);
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| 1 | | (5) (Blank);
| 2 | | (6) Knows the individual harmed to be a community
| 3 | | policing volunteer while
such volunteer is engaged in the | 4 | | execution of
any official duties, or to prevent the | 5 | | volunteer from performing official duties, or in
| 6 | | retaliation for the volunteer performing official
duties, | 7 | | and the battery is committed other than by the discharge of | 8 | | a firearm;
| 9 | | (7) Knows the individual harmed to be an emergency | 10 | | medical technician -
ambulance, emergency medical | 11 | | technician - intermediate, emergency medical
technician - | 12 | | paramedic, ambulance driver, other medical assistance, | 13 | | first
aid personnel, or hospital personnel engaged in the
| 14 | | performance of any of his or her official duties,
or to | 15 | | prevent the emergency medical technician - ambulance, | 16 | | emergency medical
technician - intermediate, emergency | 17 | | medical technician - paramedic, ambulance
driver, other | 18 | | medical assistance, first aid personnel, or
hospital | 19 | | personnel from performing
official duties, or in | 20 | | retaliation for performing official duties;
| 21 | | (8) Is, or the person battered is, on or about a public | 22 | | way, public
property or public place of accommodation or | 23 | | amusement;
| 24 | | (8.5) Is, or the person battered is, on a publicly or | 25 | | privately owned sports or entertainment arena, stadium, | 26 | | community or convention hall, special event center, |
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| 1 | | amusement facility, or a special event center in a public | 2 | | park during any 24-hour period when a professional sporting | 3 | | event, National Collegiate Athletic Association | 4 | | (NCAA)-sanctioned sporting event, United States Olympic | 5 | | Committee-sanctioned sporting event, or International | 6 | | Olympic Committee-sanctioned sporting event is taking | 7 | | place in this venue;
| 8 | | (9) Knows the individual harmed to be the driver, | 9 | | operator, employee
or passenger of any transportation | 10 | | facility or system engaged in the
business of | 11 | | transportation of the public for hire and the individual
| 12 | | assaulted is then performing in such capacity or then using | 13 | | such public
transportation as a passenger or using any area | 14 | | of any description
designated by the transportation | 15 | | facility or system as a vehicle
boarding, departure, or | 16 | | transfer location;
| 17 | | (10) Knows the individual harmed to be an individual of | 18 | | 60 years of age or older;
| 19 | | (11) Knows the individual harmed is pregnant;
| 20 | | (12) Knows the individual harmed to be a judge whom the
| 21 | | person intended to harm as a result of the judge's | 22 | | performance of his or
her official duties as a judge;
| 23 | | (13) (Blank);
| 24 | | (14) Knows the individual harmed to be a person who is | 25 | | physically
handicapped;
| 26 | | (15) Knowingly and without legal justification and by |
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| 1 | | any means causes
bodily harm to a merchant who detains the | 2 | | person for an alleged commission of
retail theft under | 3 | | Section 16A-5 of this Code.
In this item (15), "merchant" | 4 | | has the meaning ascribed to it in Section
16A-2.4 of this | 5 | | Code;
| 6 | | (16) Is, or the person battered is, in any building or | 7 | | other structure
used to provide shelter or other services | 8 | | to victims or to the dependent
children of victims of | 9 | | domestic violence pursuant to the Illinois Domestic
| 10 | | Violence Act of 1986 or the Domestic Violence Shelters Act, | 11 | | or the person
battered is within 500 feet of such a | 12 | | building or other structure while going
to or from such a | 13 | | building or other structure. "Domestic violence" has the
| 14 | | meaning ascribed to it in Section 103 of the Illinois | 15 | | Domestic Violence Act of
1986. "Building or other structure | 16 | | used to provide shelter" has the meaning
ascribed to | 17 | | "shelter" in Section 1 of the Domestic Violence Shelters | 18 | | Act;
| 19 | | (17) (Blank);
| 20 | | (18) Knows the individual harmed to be an officer or | 21 | | employee of the State of Illinois, a unit of local | 22 | | government, or school district engaged in the performance | 23 | | of his or her authorized duties as such officer or | 24 | | employee; | 25 | | (19) Knows the individual harmed to be an emergency | 26 | | management worker
engaged in the performance of any of his |
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| 1 | | or her official duties, or to prevent
the emergency | 2 | | management worker from performing official duties, or in
| 3 | | retaliation for the emergency management worker performing | 4 | | official duties; | 5 | | (20) Knows the individual harmed to be a private | 6 | | security officer engaged in the performance of any of his | 7 | | or her official duties, or to prevent
the private security | 8 | | officer from performing official duties, or in
retaliation | 9 | | for the private security officer performing official | 10 | | duties; or | 11 | | (21)
Knows the individual harmed to be a taxi driver | 12 | | and the battery is committed while the taxi driver is on | 13 | | duty; or | 14 | | (22)
Knows the individual harmed to be a utility | 15 | | worker, while the utility worker is engaged in the | 16 | | execution of his or her duties, or to prevent the utility | 17 | | worker from performing his or her duties, or in retaliation | 18 | | for the utility worker performing his or her duties. In | 19 | | this paragraph (22), "utility worker" means a person | 20 | | employed by a public utility as defined in Section 3-105 of | 21 | | the Public Utilities Act and also includes an employee of a | 22 | | municipally owned utility, an employee of a cable | 23 | | television company, an employee of an electric
cooperative | 24 | | as defined in Section 3-119 of the Public Utilities
Act, an | 25 | | independent contractor or an employee of an independent
| 26 | | contractor working on behalf of a cable television company, |
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| 1 | | public utility, municipally
owned utility, or an electric | 2 | | cooperative, or an employee of a
telecommunications | 3 | | carrier as defined in Section 13-202 of the
Public | 4 | | Utilities Act, an independent contractor or an employee of
| 5 | | an independent contractor working on behalf of a
| 6 | | telecommunications carrier, or an employee of a telephone | 7 | | or
telecommunications cooperative as defined in Section | 8 | | 13-212 of
the Public Utilities Act, or an independent | 9 | | contractor or an
employee of an independent contractor | 10 | | working on behalf of a
telephone or telecommunications | 11 | | cooperative.
| 12 | | For the purpose of paragraph (14) of subsection (b) of this | 13 | | Section, a
physically handicapped person is a person who | 14 | | suffers from a permanent and
disabling physical | 15 | | characteristic, resulting from disease, injury,
functional | 16 | | disorder or congenital condition.
| 17 | | For the purpose of paragraph (20) of subsection (b) and | 18 | | subsection (e) of this Section, "private security officer" | 19 | | means a registered employee of a private security contractor | 20 | | agency under the Private Detective, Private Alarm, Private | 21 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. | 22 | | (c) A person who administers to an individual or causes him | 23 | | to take,
without his consent or by threat or deception, and for | 24 | | other than
medical purposes, any intoxicating, poisonous, | 25 | | stupefying, narcotic,
anesthetic, or controlled substance | 26 | | commits aggravated battery.
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| 1 | | (d) A person who knowingly gives to another person any food | 2 | | that
contains any substance or object that is intended to cause | 3 | | physical
injury if eaten, commits aggravated battery.
| 4 | | (d-3) A person commits aggravated battery when he or she | 5 | | knowingly and
without lawful justification shines or flashes a | 6 | | laser gunsight or other laser
device that is attached or | 7 | | affixed to a firearm, or used in concert with a
firearm, so | 8 | | that the laser beam strikes upon or against the person of | 9 | | another.
| 10 | | (d-5) An inmate of a penal institution or a sexually | 11 | | dangerous person or a
sexually violent person in the custody of | 12 | | the Department of Human Services
who causes or attempts to | 13 | | cause a
correctional employee of the penal institution or an | 14 | | employee of the
Department of Human Services to come into | 15 | | contact with blood,
seminal fluid, urine, or feces, by | 16 | | throwing, tossing, or expelling that fluid
or material commits | 17 | | aggravated battery. For purposes of this subsection (d-5),
| 18 | | "correctional employee" means a person who is employed by a | 19 | | penal institution.
| 20 | | (d-6) A person commits aggravated battery when he or she, | 21 | | in committing a battery, strangles another individual. For the | 22 | | purposes of this subsection (d-6), "strangle" means | 23 | | intentionally impeding the normal breathing or circulation of | 24 | | the blood of an individual by applying pressure on the throat | 25 | | or neck of that individual or by blocking the nose or mouth of | 26 | | that individual. |
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| 1 | | (e) Sentence.
| 2 | | (1) Except as otherwise provided in paragraphs (2), | 3 | | (3), (4), and (5) , and (5.5), aggravated battery is a Class | 4 | | 3 felony. | 5 | | (2) Aggravated battery that does not cause great bodily | 6 | | harm or permanent disability or disfigurement is a Class 2 | 7 | | felony when the person knows
the individual harmed to be a | 8 | | peace officer, a community
policing volunteer, a private | 9 | | security officer, a correctional institution employee, an
| 10 | | employee of the Department of Human Services supervising or
| 11 | | controlling sexually dangerous persons or sexually violent
| 12 | | persons, or a fireman while such officer, volunteer, | 13 | | employee,
or fireman is engaged in the execution of any | 14 | | official duties
including arrest or attempted arrest, or to | 15 | | prevent the
officer, volunteer, employee, or fireman from | 16 | | performing
official duties, or in retaliation for the | 17 | | officer, volunteer,
employee, or fireman performing | 18 | | official duties, and the
battery is committed other than by | 19 | | the discharge of a firearm.
| 20 | | (3) Aggravated battery that causes great bodily harm or | 21 | | permanent disability or disfigurement in
violation of | 22 | | subsection (a)
is a Class 1 felony when the person knows | 23 | | the individual harmed to be a peace
officer, a community
| 24 | | policing volunteer, a private security officer, a | 25 | | correctional institution employee, an employee
of the | 26 | | Department of Human Services supervising or controlling |
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| 1 | | sexually
dangerous persons or sexually violent persons, or | 2 | | a fireman while
such officer, volunteer, employee, or | 3 | | fireman is engaged in the execution of
any official duties | 4 | | including arrest or attempted arrest, or to prevent the
| 5 | | officer, volunteer, employee, or fireman from performing | 6 | | official duties, or in
retaliation for the officer, | 7 | | volunteer, employee, or fireman performing official
| 8 | | duties, and the battery is committed other than by the | 9 | | discharge of a firearm.
| 10 | | (4) Aggravated battery under subsection (d-5) is a | 11 | | Class 2 felony. | 12 | | (5) Aggravated battery under subsection (d-6) is a | 13 | | Class 1 felony if: | 14 | | (A) the person used or attempted to use a dangerous | 15 | | instrument while committing the offense; or | 16 | | (B) the person caused great bodily harm or | 17 | | permanent disability or disfigurement to the other | 18 | | person while committing the offense; or | 19 | | (C) the person has been previously convicted of a | 20 | | violation of subsection (d-6) under the laws of this | 21 | | State or laws similar to subsection (d-6) of any other | 22 | | state.
| 23 | | (5.5) Aggravated battery that causes great bodily harm | 24 | | or permanent disability or disfigurement in violation of | 25 | | subsection (a) is a Class 1 felony when the aggravated | 26 | | battery was intentional and involved the infliction of |
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| 1 | | torture, as defined in paragraph (14) of subsection (b) of | 2 | | Section 9-1 of this Code, as the infliction of or | 3 | | subjection to extreme physical pain, motivated by an intent | 4 | | to increase or prolong the pain, suffering, or agony of the | 5 | | victim. | 6 | | (6) For purposes of this subsection (e), the term | 7 | | "firearm" shall have the meaning provided under Section 1.1 | 8 | | of the Firearms Owners Identification Card Act, and shall | 9 | | not include an air rifle as defined by Section 1 of the Air | 10 | | Rifle Act. | 11 | | (Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, | 12 | | eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, | 13 | | eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | 14 | | 96-1000, eff. 7-2-10.)
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