Full Text of SB2931 102nd General Assembly
SB2931sam001 102ND GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 1/27/2022
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| 1 | | AMENDMENT TO SENATE BILL 2931
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2931 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 12-2 and 12-3.05 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) Offense based on location of conduct. A person commits | 9 | | aggravated assault when he or she commits an assault against | 10 | | an individual who is on or about a public way, public property, | 11 | | a public place of accommodation or amusement, or a sports | 12 | | venue, or in a church, synagogue, mosque, or other building, | 13 | | structure, or place used for religious worship. | 14 | | (b) Offense based on status of victim. A person commits | 15 | | aggravated assault when, in committing an assault, he or she | 16 | | knows the individual assaulted to be any of the following: |
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| 1 | | (1) A person with a physical disability or a person 60 | 2 | | years of age or older and the assault is without legal | 3 | | justification. | 4 | | (2) A teacher or school employee upon school grounds | 5 | | or grounds adjacent to a school or in any part of a | 6 | | building used for school purposes. | 7 | | (3) A park district employee upon park grounds or | 8 | | grounds adjacent to a park or in any part of a building | 9 | | used for park purposes. | 10 | | (4) A community policing volunteer, private security | 11 | | officer, or utility worker: | 12 | | (i) performing his or her official duties; | 13 | | (ii) assaulted to prevent performance of his or | 14 | | her official duties; or | 15 | | (iii) assaulted in retaliation for performing his | 16 | | or her official duties. | 17 | | (4.1) A peace officer, fireman, emergency management | 18 | | worker, or emergency medical services personnel , judge of | 19 | | election selected or appointed in accordance with Article | 20 | | 13 or 14 of the Election Code, or an employee of the county | 21 | | clerk or election authority : | 22 | | (i) performing his or her official duties; | 23 | | (ii) assaulted to prevent performance of his or | 24 | | her official duties; or | 25 | | (iii) assaulted in retaliation for performing his | 26 | | or her official duties. |
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| 1 | | (5) A correctional officer or probation officer: | 2 | | (i) performing his or her official duties; | 3 | | (ii) assaulted to prevent performance of his or | 4 | | her official duties; or | 5 | | (iii) assaulted in retaliation for performing his | 6 | | or her official duties. | 7 | | (6) A correctional institution employee, a county | 8 | | juvenile detention center employee who provides direct and | 9 | | continuous supervision of residents of a juvenile | 10 | | detention center, including a county juvenile detention | 11 | | center employee who supervises recreational activity for | 12 | | residents of a juvenile detention center, or a Department | 13 | | of Human Services employee, Department of Human Services | 14 | | officer, or employee of a subcontractor of the Department | 15 | | of Human Services supervising or controlling sexually | 16 | | dangerous persons or sexually violent persons: | 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) An employee of the State of Illinois, a municipal | 23 | | corporation therein, or a political subdivision thereof, | 24 | | performing his or her official duties. | 25 | | (8) A transit employee performing his or her official | 26 | | duties, or a transit passenger. |
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| 1 | | (9) A sports official or coach actively participating | 2 | | in any level of athletic competition within a sports | 3 | | venue, on an indoor playing field or outdoor playing | 4 | | field, or within the immediate vicinity of such a facility | 5 | | or field. | 6 | | (10) A person authorized to serve process under | 7 | | Section 2-202 of the Code of Civil Procedure or a special | 8 | | process server appointed by the circuit court, while that | 9 | | individual is in the performance of his or her duties as a | 10 | | process server. | 11 | | (c) Offense based on use of firearm, device, or motor | 12 | | vehicle. A person commits aggravated assault when, in | 13 | | committing an assault, he or she does any of the following: | 14 | | (1) Uses a deadly weapon, an air rifle as defined in | 15 | | Section 24.8-0.1 of this Act, or any device manufactured | 16 | | and designed to be substantially similar in appearance to | 17 | | a firearm, other than by discharging a firearm. | 18 | | (2) Discharges a firearm, other than from a motor | 19 | | vehicle. | 20 | | (3) Discharges a firearm from a motor vehicle. | 21 | | (4) Wears a hood, robe, or mask to conceal his or her | 22 | | identity. | 23 | | (5) Knowingly and without lawful justification shines | 24 | | or flashes a laser gun sight or other laser device | 25 | | attached to a firearm, or used in concert with a firearm, | 26 | | so that the laser beam strikes near or in the immediate |
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| 1 | | vicinity of any person. | 2 | | (6) Uses a firearm, other than by discharging the | 3 | | firearm, against a peace officer, community policing | 4 | | volunteer, fireman, private security officer, emergency | 5 | | management worker, emergency medical services personnel, | 6 | | employee of a police department, employee of a sheriff's | 7 | | department, or traffic control municipal employee: | 8 | | (i) performing his or her official duties; | 9 | | (ii) assaulted to prevent performance of his or | 10 | | her official duties; or | 11 | | (iii) assaulted in retaliation for performing his | 12 | | or her official duties. | 13 | | (7) Without justification operates a motor vehicle in | 14 | | a manner which places a person, other than a person listed | 15 | | in subdivision (b)(4), in reasonable apprehension of being | 16 | | struck by the moving motor vehicle. | 17 | | (8) Without justification operates a motor vehicle in | 18 | | a manner which places a person listed in subdivision | 19 | | (b)(4), in reasonable apprehension of being struck by the | 20 | | moving motor vehicle. | 21 | | (9) Knowingly video or audio records the offense with | 22 | | the intent to disseminate the recording. | 23 | | (d) Sentence. Aggravated assault as defined in subdivision | 24 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 25 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except | 26 | | that aggravated assault as defined in subdivision (b)(4) and |
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| 1 | | (b)(7) is a Class 4 felony if a Category I, Category II, or | 2 | | Category III weapon is used in the commission of the assault. | 3 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 4 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class | 5 | | 4 felony. Aggravated assault as defined in subdivision (c)(3) | 6 | | or (c)(8) is a Class 3 felony. | 7 | | (e) For the purposes of this Section, "Category I weapon", | 8 | | "Category II weapon", and "Category III weapon" have the | 9 | | meanings ascribed to those terms in Section 33A-1 of this | 10 | | Code.
| 11 | | (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 12 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 13 | | Sec. 12-3.05. Aggravated battery.
| 14 | | (a) Offense based on injury. A person commits aggravated | 15 | | battery when, in committing a battery, other than by the | 16 | | discharge of a firearm, he or she knowingly does any of the | 17 | | following: | 18 | | (1) Causes great bodily harm or permanent disability | 19 | | or disfigurement. | 20 | | (2) Causes severe and permanent disability, great | 21 | | bodily harm, or disfigurement by means of a caustic or | 22 | | flammable substance, a poisonous gas, a deadly biological | 23 | | or chemical contaminant or agent, a radioactive substance, | 24 | | or a bomb or explosive compound. | 25 | | (3) Causes great bodily harm or permanent disability |
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| 1 | | or disfigurement to an individual whom the person knows to | 2 | | be a peace officer, community policing volunteer, fireman, | 3 | | private security officer, correctional institution | 4 | | employee, or Department of Human Services employee | 5 | | supervising or controlling sexually dangerous persons or | 6 | | sexually violent persons: | 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 | | (4) Causes great bodily harm or permanent disability | 13 | | or disfigurement to an individual 60 years of age or | 14 | | older. | 15 | | (5) Strangles another individual. | 16 | | (b) Offense based on injury to a child or person with an | 17 | | intellectual disability. A person who is at least 18 years of | 18 | | age commits aggravated battery when, in committing a battery, | 19 | | he or she knowingly and without legal justification by any | 20 | | means: | 21 | | (1) causes great bodily harm or permanent disability | 22 | | or disfigurement to any child under the age of 13 years, or | 23 | | to any person with a severe or profound intellectual | 24 | | disability; or | 25 | | (2) causes bodily harm or disability or disfigurement | 26 | | to any child under the age of 13 years or to any person |
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| 1 | | with a severe or profound intellectual disability. | 2 | | (c) Offense based on location of conduct. A person commits | 3 | | aggravated battery when, in committing a battery, other than | 4 | | by the discharge of a firearm, he or she is or the person | 5 | | battered is on or about a public way, public property, a public | 6 | | place of accommodation or amusement, a sports venue, or a | 7 | | domestic violence shelter, or in a church, synagogue, mosque, | 8 | | or other building, structure, or place used for religious | 9 | | worship. | 10 | | (d) Offense based on status of victim. A person commits | 11 | | aggravated battery when, in committing a battery, other than | 12 | | by discharge of a firearm, he or she knows the individual | 13 | | battered to be any of the following: | 14 | | (1) A person 60 years of age or older. | 15 | | (2) A person who is pregnant or has a physical | 16 | | disability. | 17 | | (3) A teacher or school employee upon school grounds | 18 | | or grounds adjacent to a school or in any part of a | 19 | | building used for school purposes. | 20 | | (4) A peace officer, community policing volunteer, | 21 | | fireman, private security officer, correctional | 22 | | institution employee, or Department of Human Services | 23 | | employee supervising or controlling sexually dangerous | 24 | | persons or sexually violent persons: | 25 | | (i) performing his or her official duties; | 26 | | (ii) battered to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) battered in retaliation for performing his | 3 | | or her official duties. | 4 | | (5) A judge, emergency management worker, emergency | 5 | | medical services personnel, or utility worker , judge of | 6 | | election selected or appointed in accordance with Article | 7 | | 13 or 14 of the Election Code, or judge of election | 8 | | selected or appointed in accordance with Article 13 or 14 | 9 | | of the Election Code, or an employee of the county clerk or | 10 | | election authority : | 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 | | (6) An officer or employee of the State of Illinois, a | 17 | | unit of local government, or a school district, while | 18 | | performing his or her official duties. | 19 | | (7) A transit employee performing his or her official | 20 | | duties, or a transit passenger. | 21 | | (8) A taxi driver on duty. | 22 | | (9) A merchant who detains the person for an alleged | 23 | | commission of retail theft under Section 16-26 of this | 24 | | Code and the person without legal justification by any | 25 | | means causes bodily harm to the merchant. | 26 | | (10) A person authorized to serve process under |
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| 1 | | Section 2-202 of the Code of Civil Procedure or a special | 2 | | process server appointed by the circuit court while that | 3 | | individual is in the performance of his or her duties as a | 4 | | process server. | 5 | | (11) A nurse while in the performance of his or her | 6 | | duties as a nurse. | 7 | | (12) A merchant: (i) while performing his or her | 8 | | duties, including, but not limited to, relaying directions | 9 | | for healthcare or safety from his or her supervisor or | 10 | | employer or relaying health or safety guidelines, | 11 | | recommendations, regulations, or rules from a federal, | 12 | | State, or local public health agency; and (ii) during a | 13 | | disaster declared by the Governor, or a state of emergency | 14 | | declared by the mayor of the municipality in which the | 15 | | merchant is located, due to a public health emergency and | 16 | | for a period of 6 months after such declaration. | 17 | | (e) Offense based on use of a firearm. A person commits | 18 | | aggravated battery when, in committing a battery, he or she | 19 | | knowingly does any of the following: | 20 | | (1) Discharges a firearm, other than a machine gun or | 21 | | a firearm equipped with a silencer, and causes any injury | 22 | | to another person. | 23 | | (2) Discharges a firearm, other than a machine gun or | 24 | | a firearm equipped with a silencer, and causes any injury | 25 | | to a person he or she knows to be a peace officer, | 26 | | community policing volunteer, person summoned by a police |
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| 1 | | officer, fireman, private security officer, correctional | 2 | | institution employee, or emergency management worker: | 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 | | (3) Discharges a firearm, other than a machine gun or | 9 | | a firearm equipped with a silencer, and causes any injury | 10 | | to a person he or she knows to be emergency medical | 11 | | services personnel: | 12 | | (i) performing his or her official duties; | 13 | | (ii) battered to prevent performance of his or her | 14 | | official duties; or | 15 | | (iii) battered in retaliation for performing his | 16 | | or her official duties. | 17 | | (4) Discharges a firearm and causes any injury to a | 18 | | person he or she knows to be a teacher, a student in a | 19 | | school, or a school employee, and the teacher, student, or | 20 | | employee is upon school grounds or grounds adjacent to a | 21 | | school or in any part of a building used for school | 22 | | purposes. | 23 | | (5) Discharges a machine gun or a firearm equipped | 24 | | with a silencer, and causes any injury to another person. | 25 | | (6) Discharges a machine gun or a firearm equipped | 26 | | with a silencer, and causes any injury to a person he or |
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| 1 | | she knows to be a peace officer, community policing | 2 | | volunteer, person summoned by a police officer, fireman, | 3 | | private security officer, correctional institution | 4 | | employee or emergency management worker: | 5 | | (i) performing his or her official duties; | 6 | | (ii) battered to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) battered in retaliation for performing his | 9 | | or her official duties. | 10 | | (7) Discharges a machine gun or a firearm equipped | 11 | | with a silencer, and causes any injury to a person he or | 12 | | she knows to be emergency medical services personnel: | 13 | | (i) performing his or her official duties; | 14 | | (ii) battered to prevent performance of his or her | 15 | | official duties; or | 16 | | (iii) battered in retaliation for performing his | 17 | | or her official duties. | 18 | | (8) Discharges a machine gun or a firearm equipped | 19 | | with a silencer, and causes any injury to a person he or | 20 | | she knows to be a teacher, or a student in a school, or a | 21 | | school employee, and the teacher, student, or employee is | 22 | | upon school grounds or grounds adjacent to a school or in | 23 | | any part of a building used for school purposes. | 24 | | (f) Offense based on use of a weapon or device. A person | 25 | | commits aggravated battery when, in committing a battery, he | 26 | | or she does any of the following: |
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| 1 | | (1) Uses a deadly weapon other than by discharge of a | 2 | | firearm, or uses an air rifle as defined in Section | 3 | | 24.8-0.1 of this Code. | 4 | | (2) Wears a hood, robe, or mask to conceal his or her | 5 | | identity. | 6 | | (3) Knowingly and without lawful justification shines | 7 | | or flashes a laser gunsight or other laser device attached | 8 | | to a firearm, or used in concert with a firearm, so that | 9 | | the laser beam strikes upon or against the person of | 10 | | another. | 11 | | (4) Knowingly video or audio records the offense with | 12 | | the intent to disseminate the recording. | 13 | | (g) Offense based on certain conduct. A person commits | 14 | | aggravated battery when, other than by discharge of a firearm, | 15 | | he or she does any of the following: | 16 | | (1) Violates Section 401 of the Illinois Controlled | 17 | | Substances Act by unlawfully delivering a controlled | 18 | | substance to another and any user experiences great bodily | 19 | | harm or permanent disability as a result of the injection, | 20 | | inhalation, or ingestion of any amount of the controlled | 21 | | substance. | 22 | | (2) Knowingly administers to an individual or causes | 23 | | him or her to take, without his or her consent or by threat | 24 | | or deception, and for other than medical purposes, any | 25 | | intoxicating, poisonous, stupefying, narcotic, | 26 | | anesthetic, or controlled substance, or gives to another |
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| 1 | | person any food containing any substance or object | 2 | | intended to cause physical injury if eaten. | 3 | | (3) Knowingly causes or attempts to cause a | 4 | | correctional institution employee or Department of Human | 5 | | Services employee to come into contact with blood, seminal | 6 | | fluid, urine, or feces by throwing, tossing, or expelling | 7 | | the fluid or material, and the person is an inmate of a | 8 | | penal institution or is a sexually dangerous person or | 9 | | sexually violent person in the custody of the Department | 10 | | of Human Services. | 11 | | (h) Sentence. Unless otherwise provided, aggravated | 12 | | battery is a Class 3 felony. | 13 | | Aggravated battery as defined in subdivision (a)(4), | 14 | | (d)(4), or (g)(3) is a Class 2 felony. | 15 | | Aggravated battery as defined in subdivision (a)(3) or | 16 | | (g)(1) is a Class 1 felony. | 17 | | Aggravated battery as defined in subdivision (a)(1) is a | 18 | | Class 1 felony when the aggravated battery was intentional and | 19 | | involved the infliction of torture, as defined in paragraph | 20 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 21 | | infliction of or subjection to extreme physical pain, | 22 | | motivated by an intent to increase or prolong the pain, | 23 | | suffering, or agony of the victim. | 24 | | Aggravated battery as defined in subdivision (a)(1) is a | 25 | | Class 2 felony when the person causes great bodily harm or | 26 | | permanent disability to an individual whom the person knows to |
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| 1 | | be a member of a congregation engaged in prayer or other | 2 | | religious activities at a church, synagogue, mosque, or other | 3 | | building, structure, or place used for religious worship. | 4 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 5 | | felony if: | 6 | | (A) the person used or attempted to use a dangerous
| 7 | | instrument while committing the offense; | 8 | | (B) the person caused great bodily harm or
permanent | 9 | | disability or disfigurement to the other
person while | 10 | | committing the offense; or | 11 | | (C) the person has been previously convicted of a
| 12 | | violation of subdivision (a)(5) under the laws of this
| 13 | | State or laws similar to subdivision (a)(5) of any other
| 14 | | state. | 15 | | Aggravated battery as defined in subdivision (e)(1) is a | 16 | | Class X felony. | 17 | | Aggravated battery as defined in subdivision (a)(2) is a | 18 | | Class X felony for which a person shall be sentenced to a term | 19 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 20 | | years. | 21 | | Aggravated battery as defined in subdivision (e)(5) is a | 22 | | Class X felony for which a person shall be sentenced to a term | 23 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 24 | | years. | 25 | | Aggravated battery as defined in subdivision (e)(2), | 26 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
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| 1 | | be sentenced to a term of imprisonment of a minimum of 15 years | 2 | | and a maximum of 60 years. | 3 | | Aggravated battery as defined in subdivision (e)(6), | 4 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 5 | | be sentenced to a term of imprisonment of a minimum of 20 years | 6 | | and a maximum of 60 years. | 7 | | Aggravated battery as defined in subdivision (b)(1) is a | 8 | | Class X felony, except that: | 9 | | (1) if the person committed the offense while armed | 10 | | with a firearm, 15 years shall be added to the term of | 11 | | imprisonment imposed by the court; | 12 | | (2) if, during the commission of the offense, the | 13 | | person personally discharged a firearm, 20 years shall be | 14 | | added to the term of imprisonment imposed by the court; | 15 | | (3) if, during the commission of the offense, the | 16 | | person personally discharged a firearm that proximately | 17 | | caused great bodily harm, permanent disability, permanent | 18 | | disfigurement, or death to another person, 25 years or up | 19 | | to a term of natural life shall be added to the term of | 20 | | imprisonment imposed by the court. | 21 | | (i) Definitions. In this Section: | 22 | | "Building or other structure used to provide shelter" has | 23 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 24 | | Violence Shelters Act. | 25 | | "Domestic violence" has the meaning ascribed to it in | 26 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
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| 1 | | "Domestic violence shelter" means any building or other | 2 | | structure used to provide shelter or other services to victims | 3 | | or to the dependent children of victims of domestic violence | 4 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 5 | | Domestic Violence Shelters Act, or any place within 500 feet | 6 | | of such a building or other structure in the case of a person | 7 | | who is going to or from such a building or other structure. | 8 | | "Firearm" has the meaning provided under Section 1.1
of | 9 | | the Firearm Owners Identification Card Act, and does
not | 10 | | include an air rifle as defined by Section 24.8-0.1 of this | 11 | | Code. | 12 | | "Machine gun" has the meaning ascribed to it in Section | 13 | | 24-1 of this Code. | 14 | | "Merchant" has the meaning ascribed to it in Section | 15 | | 16-0.1 of this Code. | 16 | | "Strangle" means
intentionally impeding the normal | 17 | | breathing or circulation of the blood of an individual by | 18 | | applying pressure on the throat
or neck of that individual or | 19 | | by blocking the nose or mouth of
that individual.
| 20 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)".
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