Full Text of SB0471 101st General Assembly
SB0471ham002 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/21/2020
| | 10100SB0471ham002 | | LRB101 04232 JLS 72374 a |
|
| 1 | | AMENDMENT TO SENATE BILL 471
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 471 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Employee Disability Act is amended | 5 | | by changing Section 1 as follows:
| 6 | | (5 ILCS 345/1) (from Ch. 70, par. 91)
| 7 | | Sec. 1. Disability benefit.
| 8 | | (a) For the purposes of this Section, "eligible employee" | 9 | | means any
part-time or full-time State correctional officer or | 10 | | any other full or
part-time employee of the Department of | 11 | | Corrections, any full or part-time
employee of the Prisoner | 12 | | Review Board, any full or part-time employee of the
Department | 13 | | of Human Services working within a
penal institution or a State | 14 | | mental health or developmental
disabilities facility operated | 15 | | by the Department of Human Services, and any
full-time law | 16 | | enforcement officer or
full-time firefighter, including a |
| | | 10100SB0471ham002 | - 2 - | LRB101 04232 JLS 72374 a |
|
| 1 | | full-time paramedic or a firefighter who performs paramedic | 2 | | duties, who is employed by the State of Illinois, any unit of
| 3 | | local government (including any home rule unit), any State | 4 | | supported college or
university, or any other public entity | 5 | | granted the power to employ persons for
such purposes by law.
| 6 | | (b) Whenever an eligible employee suffers any injury in the | 7 | | line of duty
which causes him to be unable to perform his | 8 | | duties, he shall continue to be
paid by the employing public | 9 | | entity on the same basis as he was paid before the
injury, with | 10 | | no deduction from his sick leave credits, compensatory time for
| 11 | | overtime accumulations or vacation, or service credits in a | 12 | | public employee
pension fund during the time he is unable to | 13 | | perform his duties due to the
result of the injury, but not | 14 | | longer than one year in relation to the same
injury , except as | 15 | | otherwise provided under subsection (b-5) . However, no injury | 16 | | to an employee of the Department
of Corrections or
the Prisoner | 17 | | Review Board working within a penal institution or an employee | 18 | | of
the Department of Human Services working within a
| 19 | | departmental mental health or developmental disabilities | 20 | | facility shall
qualify the employee for benefits under this | 21 | | Section unless the
injury is the
direct or indirect result of | 22 | | violence by inmates of the penal institution or
residents of | 23 | | the mental health or developmental
disabilities facility.
| 24 | | (b-5) Upon the occurrence of circumstances which would | 25 | | hinder the physical recovery from an injury of an eligible | 26 | | employee within the one-year period as required under |
| | | 10100SB0471ham002 | - 3 - | LRB101 04232 JLS 72374 a |
|
| 1 | | subsection (b), the eligible employee shall be entitled to an | 2 | | extension of no longer than 60 days by which he or she shall | 3 | | continue to be paid by the employing public entity on the same | 4 | | basis as he or she was paid before the injury. The employing | 5 | | public entity may require proof of the circumstances hindering | 6 | | an eligible employee's physical recovery before granting the | 7 | | extension provided under this subsection (b-5). | 8 | | (c) At any time during the period for which continuing | 9 | | compensation
is required by this Act, the employing public | 10 | | entity may order at the
expense of that entity physical or | 11 | | medical examinations of the injured
person to determine the | 12 | | degree of disability.
| 13 | | (d) During this period of disability, the injured person | 14 | | shall not
be employed in any other manner, with or without | 15 | | monetary compensation.
Any person who is employed in violation | 16 | | of this paragraph forfeits the
continuing compensation | 17 | | provided by this Act from the time such
employment begins. Any | 18 | | salary compensation due the injured person from
workers' | 19 | | compensation or any salary due him from any type of insurance
| 20 | | which may be carried by the employing public entity shall | 21 | | revert to that
entity during the time for which continuing | 22 | | compensation is paid to him
under this Act. Any person with a | 23 | | disability receiving compensation under the
provisions of this | 24 | | Act shall not be entitled to any benefits for which
he would | 25 | | qualify because of his disability under the provisions of the
| 26 | | Illinois Pension Code.
|
| | | 10100SB0471ham002 | - 4 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (e) Any employee of the State of Illinois, as defined in | 2 | | Section 14-103.05
of the Illinois Pension Code, who becomes | 3 | | permanently unable to perform the
duties of such employment due | 4 | | to an injury received in the active performance
of his duties | 5 | | as a State employee as a result of a willful act of violence by
| 6 | | another employee of the State of Illinois, as so defined, | 7 | | committed during such
other employee's course of employment and | 8 | | after January 1, 1988, shall be
eligible for benefits pursuant | 9 | | to the provisions of this Section. For purposes
of this | 10 | | Section, permanent disability is defined as a diagnosis or | 11 | | prognosis of
an inability to return to current job duties by a | 12 | | physician licensed to
practice medicine in all of its branches.
| 13 | | (f) The compensation and other benefits provided to | 14 | | part-time employees
covered by this Section shall be calculated | 15 | | based on the percentage of time
the part-time employee was | 16 | | scheduled to work pursuant to his or her status as
a part-time | 17 | | employee.
| 18 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 19 | | Article VII of
the Illinois Constitution, this Act specifically | 20 | | denies and limits the exercise
by home rule units of any power | 21 | | which is inconsistent herewith, and all
existing laws and | 22 | | ordinances which are inconsistent herewith are hereby
| 23 | | superseded. This Act does not preempt the concurrent exercise | 24 | | by home rule
units of powers consistent herewith.
| 25 | | This Act does not apply to any home rule unit with a | 26 | | population of over
1,000,000.
|
| | | 10100SB0471ham002 | - 5 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (h) In those cases where the injury to a State employee for | 2 | | which
a benefit is payable under this Act was caused
under | 3 | | circumstances creating a legal liability for damages on the | 4 | | part
of some person other than the State employer, all of the | 5 | | rights
and privileges, including the right to notice of suit | 6 | | brought against
such other person and the right to commence or | 7 | | join in such suit, as
given the employer, together with the | 8 | | conditions or obligations imposed
under paragraph (b) of | 9 | | Section 5 of the Workers' Compensation Act,
are also given and | 10 | | granted to the State, to the end that, with respect to State | 11 | | employees only, the State
may be paid or reimbursed for the | 12 | | amount of
benefit paid or
to be paid by the
State to the | 13 | | injured employee or his or her personal representative out of | 14 | | any
judgment, settlement, or payment
for such injury obtained | 15 | | by such injured employee or his
or her personal representative | 16 | | from such other person by virtue of the injury. | 17 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
| 18 | | Section 10. The Illinois Horse Racing Act of 1975 is | 19 | | amended by adding Section 1.5 as follows: | 20 | | (230 ILCS 5/1.5 new) | 21 | | Sec. 1.5. Labor agreements. | 22 | | (a) This Section applies to all entities subject to this | 23 | | Act that have at least 10 employees on average over the 12 | 24 | | months preceding application for license. |
| | | 10100SB0471ham002 | - 6 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (b) No license may be issued or renewed for electronic | 2 | | gaming (and other forms of non-horse racing gambling) unless | 3 | | and until: | 4 | | (1) The entity has entered into, and observes, the | 5 | | terms of a collective bargaining agreement with every labor | 6 | | organization seeking to represent a majority of the | 7 | | entity's employees in a bargaining unit consisting of all | 8 | | non-supervisory and non-management employees in the | 9 | | classifications identified by the labor organization. New | 10 | | employees hired by the entity who perform work | 11 | | substantially similar to current employees already | 12 | | represented by a labor organization at the facility shall | 13 | | be incorporated into the existing bargaining unit. | 14 | | (2) Upon written notice by a labor organization of its | 15 | | desire to represent employees in a designated bargaining | 16 | | unit, the entity shall: | 17 | | (A) provide the names, classifications, and home | 18 | | addresses of each and every employee in the identified | 19 | | bargaining unit; | 20 | | (B) refrain from expressing any views on the | 21 | | question whether its employees should be represented | 22 | | by a labor organization; | 23 | | (C) refrain from restraining or coercing its | 24 | | employees in choosing to be represented or not | 25 | | represented by a labor organization; and | 26 | | (D) allow designated representatives of the labor |
| | | 10100SB0471ham002 | - 7 - | LRB101 04232 JLS 72374 a |
|
| 1 | | organization access to its non-work areas for the | 2 | | purpose of meeting privately with its employees during | 3 | | non-working times. | 4 | | (3) Upon a showing of majority interest, to be | 5 | | certified through card check by the Federal Mediation and | 6 | | Conciliation Service or from a designated arbitrator from a | 7 | | permanent panel of arbitrators appointed by the Illinois | 8 | | Racing Board, the entity and the labor organization shall | 9 | | immediately enter into negotiations for a collective | 10 | | bargaining agreement. | 11 | | (4) If the parties are unable to conclude a labor | 12 | | agreement within 60 days following the date of | 13 | | certification, the terms of the agreement shall be set by | 14 | | an arbitrator jointly selected by the parties from a panel | 15 | | of arbitrators designated by the Illinois Racing Board, who | 16 | | shall issue a final and binding award within 120 days after | 17 | | the date of certification, if the parties fail to conclude | 18 | | an agreement by that date. Except with regard to the | 19 | | minimum requirements in paragraph (5), the arbitrator | 20 | | shall be guided by the terms of labor agreements covering | 21 | | the same or similar classifications of employees within 100 | 22 | | miles of the facility or facilities for which the agreement | 23 | | is negotiated. The arbitrator shall also resolve all | 24 | | disputes regarding the scope and composition of the | 25 | | bargaining unit covered under the labor agreement. The | 26 | | entity and the labor organization shall share equally the |
| | | 10100SB0471ham002 | - 8 - | LRB101 04232 JLS 72374 a |
|
| 1 | | expenses of the arbitrator. No labor agreement shall cover | 2 | | employees in a bargaining unit for which another labor | 3 | | organization has been certified as a bargaining | 4 | | representative under this Act and that continues to | 5 | | actively represent such employees. | 6 | | (5) All labor agreements required under this Section | 7 | | shall, at a minimum, include a: | 8 | | (A) term of at least 3 years; | 9 | | (B) prohibition on strikes or other work stoppages | 10 | | by the labor organization and the represented | 11 | | employees during the term of the labor agreement; and | 12 | | (C) restriction on subcontracting any work | 13 | | performed on or about the entity's premises as part of | 14 | | its normal operations except by mutual agreement with | 15 | | the labor organization, and then only to a person or | 16 | | firm that is signatory to a labor agreement with a | 17 | | labor organization that has indicated its interest in | 18 | | representing the employees of the subcontractor, | 19 | | provided, the subcontractor's employees are not | 20 | | lawfully represented by another labor organization. | 21 | | (6) A copy of the fully executed labor agreement shall | 22 | | be submitted to the Illinois Racing Board prior to the | 23 | | issuance or renewal of any license required under this | 24 | | Section. | 25 | | (c) Upon the expiration of a labor agreement required under | 26 | | this Section, the parties shall negotiate a successor agreement |
| | | 10100SB0471ham002 | - 9 - | LRB101 04232 JLS 72374 a |
|
| 1 | | under the procedures set forth in paragraphs (4) and (5) of | 2 | | subsection (b), except that the negotiation and arbitration | 3 | | procedures shall commence upon the last effective day of the | 4 | | expiring labor agreement. | 5 | | (d) The provisions of this Section, except for paragraph | 6 | | (2) of subsection (b), do not apply to any entity that is | 7 | | covered, or subsequently becomes covered, under the National | 8 | | Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in | 9 | | this Act shall affect or diminish the validity and | 10 | | enforceability of any collective bargaining agreement entered | 11 | | into during the period that this Act applies. | 12 | | Section 15. The Criminal Code of 2012 is amended by | 13 | | changing Section 12-3.05 as follows:
| 14 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 15 | | Sec. 12-3.05. Aggravated battery.
| 16 | | (a) Offense based on injury. A person commits aggravated | 17 | | battery when, in committing a battery, other than by the | 18 | | discharge of a firearm, he or she knowingly does any of the | 19 | | following: | 20 | | (1) Causes great bodily harm or permanent disability or | 21 | | disfigurement. | 22 | | (2) Causes severe and permanent disability, great | 23 | | bodily harm, or disfigurement by means of a caustic or | 24 | | flammable substance, a poisonous gas, a deadly biological |
| | | 10100SB0471ham002 | - 10 - | LRB101 04232 JLS 72374 a |
|
| 1 | | or chemical contaminant or agent, a radioactive substance, | 2 | | or a bomb or explosive compound. | 3 | | (3) Causes great bodily harm or permanent disability or | 4 | | disfigurement to an individual whom the person knows to be | 5 | | a peace officer, community policing volunteer, fireman, | 6 | | private security officer, correctional institution | 7 | | employee, or Department of Human Services employee | 8 | | supervising or controlling sexually dangerous persons or | 9 | | sexually violent persons: | 10 | | (i) performing his or her official duties; | 11 | | (ii) battered to prevent performance of his or her | 12 | | official duties; or | 13 | | (iii) battered in retaliation for performing his | 14 | | or her official duties. | 15 | | (4) Causes great bodily harm or permanent disability or | 16 | | disfigurement to an individual 60 years of age or older. | 17 | | (5) Strangles another individual. | 18 | | (b) Offense based on injury to a child or person with an | 19 | | intellectual disability. A person who is at least 18 years of | 20 | | age commits aggravated battery when, in committing a battery, | 21 | | he or she knowingly and without legal justification by any | 22 | | means: | 23 | | (1) causes great bodily harm or permanent disability or | 24 | | disfigurement to any child under the age of 13 years, or to | 25 | | any person with a severe or profound intellectual | 26 | | disability; or |
| | | 10100SB0471ham002 | - 11 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (2) causes bodily harm or disability or disfigurement | 2 | | to any child under the age of 13 years or to any person | 3 | | with a severe or profound intellectual disability. | 4 | | (c) Offense based on location of conduct. A person commits | 5 | | aggravated battery when, in committing a battery, other than by | 6 | | the discharge of a firearm, he or she is or the person battered | 7 | | is on or about a public way, public property, a public place of | 8 | | accommodation or amusement, a sports venue, or a domestic | 9 | | violence shelter, or in a church, synagogue, mosque, or other | 10 | | building, structure, or place used for religious worship. | 11 | | (d) Offense based on status of victim. A person commits | 12 | | aggravated battery when, in committing a battery, other than by | 13 | | discharge of a firearm, he or she knows the individual battered | 14 | | to be any of the following: | 15 | | (1) A person 60 years of age or older. | 16 | | (2) A person who is pregnant or has a physical | 17 | | disability. | 18 | | (3) A teacher or school employee upon school grounds or | 19 | | grounds adjacent to a school or in any part of a building | 20 | | used for school purposes. | 21 | | (4) A peace officer, community policing volunteer, | 22 | | fireman, private security officer, correctional | 23 | | institution employee, or Department of Human Services | 24 | | employee supervising or controlling sexually dangerous | 25 | | persons or sexually violent persons: | 26 | | (i) performing his or her official duties; |
| | | 10100SB0471ham002 | - 12 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (ii) battered to prevent performance of his or her | 2 | | official duties; or | 3 | | (iii) battered in retaliation for performing his | 4 | | or her official duties. | 5 | | (5) A judge, emergency management worker, emergency | 6 | | medical services personnel, or utility 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 | | (6) An officer or employee of the State of Illinois, a | 13 | | unit of local government, or a school district, while | 14 | | performing his or her official duties. | 15 | | (7) A transit employee performing his or her official | 16 | | duties, or a transit passenger. | 17 | | (8) A taxi driver on duty. | 18 | | (9) A merchant who detains the person for an alleged | 19 | | commission of retail theft under Section 16-26 of this Code | 20 | | and the person without legal justification by any means | 21 | | causes bodily harm to the merchant. | 22 | | (10) A person authorized to serve process under Section | 23 | | 2-202 of the Code of Civil Procedure or a special process | 24 | | server appointed by the circuit court while that individual | 25 | | is in the performance of his or her duties as a process | 26 | | server. |
| | | 10100SB0471ham002 | - 13 - | LRB101 04232 JLS 72374 a |
|
| 1 | | (11) A nurse while in the performance of his or her | 2 | | duties as a nurse. | 3 | | (12) A merchant: (i) while performing his or her | 4 | | duties, including, but not limited to, relaying directions | 5 | | for healthcare or safety from his or her supervisor or | 6 | | employer or relaying health or safety guidelines, | 7 | | recommendations, regulations, or rules from a federal, | 8 | | State, or local public health agency; and (ii) during a | 9 | | disaster declared by the Governor, or a state of emergency | 10 | | declared by the mayor of the municipality in which the | 11 | | merchant is located, due to a public health emergency and | 12 | | for a period of 6 months after such declaration. | 13 | | (e) Offense based on use of a firearm. A person commits | 14 | | aggravated battery when, in committing a battery, he or she | 15 | | knowingly does any of the following: | 16 | | (1) Discharges a firearm, other than a machine gun or a | 17 | | firearm equipped with a silencer, and causes any injury to | 18 | | another person. | 19 | | (2) Discharges a firearm, other than a machine gun or a | 20 | | firearm equipped with a silencer, and causes any injury to | 21 | | a person he or she knows to be a peace officer, community | 22 | | policing volunteer, person summoned by a police officer, | 23 | | fireman, private security officer, correctional | 24 | | institution employee, or emergency management worker: | 25 | | (i) performing his or her official duties; | 26 | | (ii) battered to prevent performance of his or her |
| | | 10100SB0471ham002 | - 14 - | LRB101 04232 JLS 72374 a |
|
| 1 | | official duties; or | 2 | | (iii) battered in retaliation for performing his | 3 | | or her official duties. | 4 | | (3) Discharges a firearm, other than a machine gun or a | 5 | | firearm equipped with a silencer, and causes any injury to | 6 | | a person he or she knows to be emergency medical services | 7 | | personnel: | 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 | | (4) Discharges a firearm and causes any injury to a | 14 | | person he or she knows to be a teacher, a student in a | 15 | | school, or a school employee, and the teacher, student, or | 16 | | employee is upon school grounds or grounds adjacent to a | 17 | | school or in any part of a building used for school | 18 | | purposes. | 19 | | (5) Discharges a machine gun or a firearm equipped with | 20 | | a silencer, and causes any injury to another person. | 21 | | (6) Discharges a machine gun or a firearm equipped with | 22 | | a silencer, and causes any injury to a person he or she | 23 | | knows to be a peace officer, community policing volunteer, | 24 | | person summoned by a police officer, fireman, private | 25 | | security officer, correctional institution employee or | 26 | | emergency management worker: |
| | | 10100SB0471ham002 | - 15 - | LRB101 04232 JLS 72374 a |
|
| 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 | | (7) Discharges a machine gun or a firearm equipped with | 7 | | a silencer, and causes any injury to a person he or she | 8 | | knows to be emergency medical services personnel: | 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 | | (8) Discharges a machine gun or a firearm equipped with | 15 | | a silencer, and causes any injury to a person he or she | 16 | | knows to be a teacher, or a student in a school, or a | 17 | | school employee, and the teacher, student, or employee is | 18 | | upon school grounds or grounds adjacent to a school or in | 19 | | any part of a building used for school purposes. | 20 | | (f) Offense based on use of a weapon or device. A person | 21 | | commits aggravated battery when, in committing a battery, he or | 22 | | she does any of the following: | 23 | | (1) Uses a deadly weapon other than by discharge of a | 24 | | firearm, or uses an air rifle as defined in Section | 25 | | 24.8-0.1 of this Code. | 26 | | (2) Wears a hood, robe, or mask to conceal his or her |
| | | 10100SB0471ham002 | - 16 - | LRB101 04232 JLS 72374 a |
|
| 1 | | identity. | 2 | | (3) Knowingly and without lawful justification shines | 3 | | or flashes a laser gunsight or other laser device attached | 4 | | to a firearm, or used in concert with a firearm, so that | 5 | | the laser beam strikes upon or against the person of | 6 | | another. | 7 | | (4) Knowingly video or audio records the offense with | 8 | | the intent to disseminate the recording. | 9 | | (g) Offense based on certain conduct. A person commits | 10 | | aggravated battery when, other than by discharge of a firearm, | 11 | | he or she does any of the following: | 12 | | (1) Violates Section 401 of the Illinois Controlled | 13 | | Substances Act by unlawfully delivering a controlled | 14 | | substance to another and any user experiences great bodily | 15 | | harm or permanent disability as a result of the injection, | 16 | | inhalation, or ingestion of any amount of the controlled | 17 | | substance. | 18 | | (2) Knowingly administers to an individual or causes | 19 | | him or her to take, without his or her consent or by threat | 20 | | or deception, and for other than medical purposes, any | 21 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 22 | | or controlled substance, or gives to another person any | 23 | | food containing any substance or object intended to cause | 24 | | physical injury if eaten. | 25 | | (3) Knowingly causes or attempts to cause a | 26 | | correctional institution employee or Department of Human |
| | | 10100SB0471ham002 | - 17 - | LRB101 04232 JLS 72374 a |
|
| 1 | | Services employee to come into contact with blood, seminal | 2 | | fluid, urine, or feces by throwing, tossing, or expelling | 3 | | the fluid or material, and the person is an inmate of a | 4 | | penal institution or is a sexually dangerous person or | 5 | | sexually violent person in the custody of the Department of | 6 | | Human Services. | 7 | | (h) Sentence. Unless otherwise provided, aggravated | 8 | | battery is a Class 3 felony. | 9 | | Aggravated battery as defined in subdivision (a)(4), | 10 | | (d)(4), or (g)(3) is a Class 2 felony. | 11 | | Aggravated battery as defined in subdivision (a)(3) or | 12 | | (g)(1) is a Class 1 felony. | 13 | | Aggravated battery as defined in subdivision (a)(1) is a | 14 | | Class 1 felony when the aggravated battery was intentional and | 15 | | involved the infliction of torture, as defined in paragraph | 16 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 17 | | infliction of or subjection to extreme physical pain, motivated | 18 | | by an intent to increase or prolong the pain, suffering, or | 19 | | agony of the victim. | 20 | | Aggravated battery as defined in subdivision (a)(1) is a | 21 | | Class 2 felony when the person causes great bodily harm or | 22 | | permanent disability to an individual whom the person knows to | 23 | | be a member of a congregation engaged in prayer or other | 24 | | religious activities at a church, synagogue, mosque, or other | 25 | | building, structure, or place used for religious worship. | 26 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
| | | 10100SB0471ham002 | - 18 - | LRB101 04232 JLS 72374 a |
|
| 1 | | felony if: | 2 | | (A) the person used or attempted to use a dangerous
| 3 | | instrument while committing the offense; or | 4 | | (B) the person caused great bodily harm or
permanent | 5 | | disability or disfigurement to the other
person while | 6 | | committing the offense; or | 7 | | (C) the person has been previously convicted of a
| 8 | | violation of subdivision (a)(5) under the laws of this
| 9 | | State or laws similar to subdivision (a)(5) of any other
| 10 | | state. | 11 | | Aggravated battery as defined in subdivision (e)(1) is a | 12 | | Class X felony. | 13 | | Aggravated battery as defined in subdivision (a)(2) is a | 14 | | Class X felony for which a person shall be sentenced to a term | 15 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 16 | | years. | 17 | | Aggravated battery as defined in subdivision (e)(5) is a | 18 | | Class X felony for which a person shall be sentenced to a term | 19 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 20 | | years. | 21 | | Aggravated battery as defined in subdivision (e)(2), | 22 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 23 | | be sentenced to a term of imprisonment of a minimum of 15 years | 24 | | and a maximum of 60 years. | 25 | | Aggravated battery as defined in subdivision (e)(6), | 26 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
| | | 10100SB0471ham002 | - 19 - | LRB101 04232 JLS 72374 a |
|
| 1 | | be sentenced to a term of imprisonment of a minimum of 20 years | 2 | | and a maximum of 60 years. | 3 | | Aggravated battery as defined in subdivision (b)(1) is a | 4 | | Class X felony, except that: | 5 | | (1) if the person committed the offense while armed | 6 | | with a firearm, 15 years shall be added to the term of | 7 | | imprisonment imposed by the court; | 8 | | (2) if, during the commission of the offense, the | 9 | | person personally discharged a firearm, 20 years shall be | 10 | | added to the term of imprisonment imposed by the court; | 11 | | (3) if, during the commission of the offense, the | 12 | | person personally discharged a firearm that proximately | 13 | | caused great bodily harm, permanent disability, permanent | 14 | | disfigurement, or death to another person, 25 years or up | 15 | | to a term of natural life shall be added to the term of | 16 | | imprisonment imposed by the court. | 17 | | (i) Definitions. In this Section: | 18 | | "Building or other structure used to provide shelter" has | 19 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 20 | | Violence Shelters Act. | 21 | | "Domestic violence" has the meaning ascribed to it in | 22 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 23 | | "Domestic violence shelter" means any building or other | 24 | | structure used to provide shelter or other services to victims | 25 | | or to the dependent children of victims of domestic violence | 26 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
| | | 10100SB0471ham002 | - 20 - | LRB101 04232 JLS 72374 a |
|
| 1 | | Domestic Violence Shelters Act, or any place within 500 feet of | 2 | | such a building or other structure in the case of a person who | 3 | | is going to or from such a building or other structure. | 4 | | "Firearm" has the meaning provided under Section 1.1
of the | 5 | | Firearm Owners Identification Card Act, and does
not include an | 6 | | air rifle as defined by Section 24.8-0.1 of this Code. | 7 | | "Machine gun" has the meaning ascribed to it in Section | 8 | | 24-1 of this Code. | 9 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 10 | | of this Code. | 11 | | "Strangle" means
intentionally impeding the normal | 12 | | breathing or circulation of the blood of an individual by | 13 | | applying pressure on the throat
or neck of that individual or | 14 | | by blocking the nose or mouth of
that individual.
| 15 | | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
|
|