Illinois General Assembly - Full Text of HB4996
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Full Text of HB4996  102nd General Assembly

HB4996 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4996

 

Introduced 1/27/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3605/31  from Ch. 111 2/3, par. 331
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board's rules and regulations may include the suspension of riding privileges or confiscation of fare media. Amends the Criminal Code of 2012. Changes the penalties for aggravated assault on a transit employee performing his or her official duties, or a transit passenger.


LRB102 25237 AWJ 34509 b

 

 

A BILL FOR

 

HB4996LRB102 25237 AWJ 34509 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Transit Authority Act is
5amended by changing Section 31 as follows:
 
6    (70 ILCS 3605/31)  (from Ch. 111 2/3, par. 331)
7    Sec. 31. The Board shall have power to pass all ordinances
8and make all rules and regulations proper or necessary to
9regulate the use, operation and maintenance of its property
10and facilities, and to carry into effect the powers granted to
11the Authority, with such fines or penalties, including the
12suspension of riding privileges or confiscation of fare media,
13as may be deemed proper. No fine or penalty shall exceed
14$300.00, and no imprisonment shall exceed six (6) months for
15one offense. All fines and penalties shall be imposed by
16ordinances, which shall be published in a newspaper of general
17circulation published in the metropolitan area. No such
18ordinance shall take effect until ten days after its
19publication.
20(Source: P.A. 80-937.)
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Sections 12-2 and 12-3.05 as follows:
 

 

 

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1    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
2    Sec. 12-2. Aggravated assault.
3    (a) Offense based on location of conduct. A person commits
4aggravated assault when he or she commits an assault against
5an individual who is on or about a public way, public property,
6a public place of accommodation or amusement, or a sports
7venue, or in a church, synagogue, mosque, or other building,
8structure, or place used for religious worship.
9    (b) Offense based on status of victim. A person commits
10aggravated assault when, in committing an assault, he or she
11knows the individual assaulted to be any of the following:
12        (1) A person with a physical disability or a person 60
13    years of age or older and the assault is without legal
14    justification.
15        (2) A teacher or school employee upon school grounds
16    or grounds adjacent to a school or in any part of a
17    building used for school purposes.
18        (3) A park district employee upon park grounds or
19    grounds adjacent to a park or in any part of a building
20    used for park purposes.
21        (4) A community policing volunteer, private security
22    officer, or utility worker:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or
25        her official duties; or

 

 

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1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (4.1) A peace officer, fireman, emergency management
4    worker, or emergency medical services personnel:
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        (5) A correctional officer or probation officer:
11            (i) performing his or her official duties;
12            (ii) assaulted to prevent performance of his or
13        her official duties; or
14            (iii) assaulted in retaliation for performing his
15        or her official duties.
16        (6) A correctional institution employee, a county
17    juvenile detention center employee who provides direct and
18    continuous supervision of residents of a juvenile
19    detention center, including a county juvenile detention
20    center employee who supervises recreational activity for
21    residents of a juvenile detention center, or a Department
22    of Human Services employee, Department of Human Services
23    officer, or employee of a subcontractor of the Department
24    of Human Services supervising or controlling sexually
25    dangerous persons or sexually violent persons:
26            (i) performing his or her official duties;

 

 

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1            (ii) assaulted to prevent performance of his or
2        her official duties; or
3            (iii) assaulted in retaliation for performing his
4        or her official duties.
5        (7) An employee of the State of Illinois, a municipal
6    corporation therein, or a political subdivision thereof,
7    performing his or her official duties.
8        (8) A transit employee performing his or her official
9    duties, or a transit passenger.
10        (9) A sports official or coach actively participating
11    in any level of athletic competition within a sports
12    venue, on an indoor playing field or outdoor playing
13    field, or within the immediate vicinity of such a facility
14    or field.
15        (10) A person authorized to serve process under
16    Section 2-202 of the Code of Civil Procedure or a special
17    process server appointed by the circuit court, while that
18    individual is in the performance of his or her duties as a
19    process server.
20    (c) Offense based on use of firearm, device, or motor
21vehicle. A person commits aggravated assault when, in
22committing an assault, he or she does any of the following:
23        (1) Uses a deadly weapon, an air rifle as defined in
24    Section 24.8-0.1 of this Act, or any device manufactured
25    and designed to be substantially similar in appearance to
26    a firearm, other than by discharging a firearm.

 

 

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1        (2) Discharges a firearm, other than from a motor
2    vehicle.
3        (3) Discharges a firearm from a motor vehicle.
4        (4) Wears a hood, robe, or mask to conceal his or her
5    identity.
6        (5) Knowingly and without lawful justification shines
7    or flashes a laser gun sight or other laser device
8    attached to a firearm, or used in concert with a firearm,
9    so that the laser beam strikes near or in the immediate
10    vicinity of any person.
11        (6) Uses a firearm, other than by discharging the
12    firearm, against a peace officer, community policing
13    volunteer, fireman, private security officer, emergency
14    management worker, emergency medical services personnel,
15    employee of a police department, employee of a sheriff's
16    department, or traffic control municipal employee:
17            (i) performing his or her official duties;
18            (ii) assaulted to prevent performance of his or
19        her official duties; or
20            (iii) assaulted in retaliation for performing his
21        or her official duties.
22        (7) Without justification operates a motor vehicle in
23    a manner which places a person, other than a person listed
24    in subdivision (b)(4), in reasonable apprehension of being
25    struck by the moving motor vehicle.
26        (8) Without justification operates a motor vehicle in

 

 

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1    a manner which places a person listed in subdivision
2    (b)(4), in reasonable apprehension of being struck by the
3    moving motor vehicle.
4        (9) Knowingly video or audio records the offense with
5    the intent to disseminate the recording.
6    (d) Sentence. Aggravated assault as defined in subdivision
7(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
8(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
9that aggravated assault as defined in subdivision (b)(4) and
10(b)(7) is a Class 4 felony if a Category I, Category II, or
11Category III weapon is used in the commission of the assault.
12Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
13(b)(6), (b)(8) (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a
14Class 4 felony. Aggravated assault as defined in subdivision
15(c)(3) or (c)(8) is a Class 3 felony.
16    (e) For the purposes of this Section, "Category I weapon",
17"Category II weapon", and "Category III weapon" have the
18meanings ascribed to those terms in Section 33A-1 of this
19Code.
20(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
21    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
22    Sec. 12-3.05. Aggravated battery.
23    (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability
3    or disfigurement.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability
10    or disfigurement to an individual whom the person knows to
11    be a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
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, or Department of Human Services
6    employee supervising or controlling sexually dangerous
7    persons or sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (5) A judge, emergency management worker, emergency
14    medical services personnel, or utility 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        (6) An officer or employee of the State of Illinois, a
21    unit of local government, or a school district, while
22    performing his or her official duties.
23        (7) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (8) A taxi driver on duty.
26        (9) A merchant who detains the person for an alleged

 

 

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1    commission of retail theft under Section 16-26 of this
2    Code and the person without legal justification by any
3    means causes bodily harm to the merchant.
4        (10) A person authorized to serve process under
5    Section 2-202 of the Code of Civil Procedure or a special
6    process server appointed by the circuit court while that
7    individual is in the performance of his or her duties as a
8    process server.
9        (11) A nurse while in the performance of his or her
10    duties as a nurse.
11        (12) A merchant: (i) while performing his or her
12    duties, including, but not limited to, relaying directions
13    for healthcare or safety from his or her supervisor or
14    employer or relaying health or safety guidelines,
15    recommendations, regulations, or rules from a federal,
16    State, or local public health agency; and (ii) during a
17    disaster declared by the Governor, or a state of emergency
18    declared by the mayor of the municipality in which the
19    merchant is located, due to a public health emergency and
20    for a period of 6 months after such declaration.
21    (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24        (1) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to another person.

 

 

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

 

 

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

 

 

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1    any part of a building used for school purposes.
2    (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he
4or she does any of the following:
5        (1) Uses a deadly weapon other than by discharge of a
6    firearm, or uses an air rifle as defined in Section
7    24.8-0.1 of this Code.
8        (2) Wears a hood, robe, or mask to conceal his or her
9    identity.
10        (3) Knowingly and without lawful justification shines
11    or flashes a laser gunsight or other laser device attached
12    to a firearm, or used in concert with a firearm, so that
13    the laser beam strikes upon or against the person of
14    another.
15        (4) Knowingly video or audio records the offense with
16    the intent to disseminate the recording.
17    (g) Offense based on certain conduct. A person commits
18aggravated battery when, other than by discharge of a firearm,
19he or she does any of the following:
20        (1) Violates Section 401 of the Illinois Controlled
21    Substances Act by unlawfully delivering a controlled
22    substance to another and any user experiences great bodily
23    harm or permanent disability as a result of the injection,
24    inhalation, or ingestion of any amount of the controlled
25    substance.
26        (2) Knowingly administers to an individual or causes

 

 

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1    him or her to take, without his or her consent or by threat
2    or deception, and for other than medical purposes, any
3    intoxicating, poisonous, stupefying, narcotic,
4    anesthetic, or controlled substance, or gives to another
5    person any food containing any substance or object
6    intended to cause physical injury if eaten.
7        (3) Knowingly causes or attempts to cause a
8    correctional institution employee or Department of Human
9    Services employee to come into contact with blood, seminal
10    fluid, urine, or feces by throwing, tossing, or expelling
11    the fluid or material, and the person is an inmate of a
12    penal institution or is a sexually dangerous person or
13    sexually violent person in the custody of the Department
14    of Human Services.
15    (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17    Aggravated battery as defined in subdivision (a)(4),
18(d)(4), (d)(7), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21    Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain,
26motivated by an intent to increase or prolong the pain,

 

 

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1suffering, or agony of the victim.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8    Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10        (A) the person used or attempted to use a dangerous
11    instrument while committing the offense;
12        (B) the person caused great bodily harm or permanent
13    disability or disfigurement to the other person while
14    committing the offense; or
15        (C) the person has been previously convicted of a
16    violation of subdivision (a)(5) under the laws of this
17    State or laws similar to subdivision (a)(5) of any other
18    state.
19    Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21    Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

 

 

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

 

 

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1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3    "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet
10of such a building or other structure in the case of a person
11who is going to or from such a building or other structure.
12    "Firearm" has the meaning provided under Section 1.1 of
13the Firearm Owners Identification Card Act, and does not
14include an air rifle as defined by Section 24.8-0.1 of this
15Code.
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
1916-0.1 of 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. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)