Full Text of SB3878 102nd General Assembly
SB3878 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3878 Introduced 1/21/2022, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 | from Ch. 38, par. 12-2 |
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Amends the Criminal Code of 2012. Expands the offense of aggravated assault to include committing an assault when the defendant knows the individual assaulted to be a school board member upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes. Provides that a violation is a Class A misdemeanor.
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| | A BILL FOR |
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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 2012 is amended by | 5 | | changing Section 12-2 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: | 17 | | (1) A person with a physical disability or a person 60 | 18 | | years of age or older and the assault is without legal | 19 | | justification. | 20 | | (2) A teacher , school board member, or school employee | 21 | | upon school grounds or grounds adjacent to a school or in | 22 | | any part of a building used for school purposes. | 23 | | (3) A park district employee upon park grounds or |
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| 1 | | grounds adjacent to a park or in any part of a building | 2 | | used for park purposes. | 3 | | (4) A community policing volunteer, private security | 4 | | officer, or utility worker: | 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 | | (4.1) A peace officer, fireman, emergency management | 11 | | worker, or emergency medical services personnel: | 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 | | (5) A correctional officer or probation officer: | 18 | | (i) performing his or her official duties; | 19 | | (ii) assaulted to prevent performance of his or | 20 | | her official duties; or | 21 | | (iii) assaulted in retaliation for performing his | 22 | | or her official duties. | 23 | | (6) A correctional institution employee, a county | 24 | | juvenile detention center employee who provides direct and | 25 | | continuous supervision of residents of a juvenile | 26 | | detention center, including a county juvenile detention |
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| 1 | | center employee who supervises recreational activity for | 2 | | residents of a juvenile detention center, or a Department | 3 | | of Human Services employee, Department of Human Services | 4 | | officer, or employee of a subcontractor of the Department | 5 | | of Human Services supervising or controlling sexually | 6 | | dangerous persons or sexually violent persons: | 7 | | (i) performing his or her official duties; | 8 | | (ii) assaulted to prevent performance of his or | 9 | | her official duties; or | 10 | | (iii) assaulted in retaliation for performing his | 11 | | or her official duties. | 12 | | (7) An employee of the State of Illinois, a municipal | 13 | | corporation therein, or a political subdivision thereof, | 14 | | performing his or her official duties. | 15 | | (8) A transit employee performing his or her official | 16 | | duties, or a transit passenger. | 17 | | (9) A sports official or coach actively participating | 18 | | in any level of athletic competition within a sports | 19 | | venue, on an indoor playing field or outdoor playing | 20 | | field, or within the immediate vicinity of such a facility | 21 | | or field. | 22 | | (10) A person authorized to serve process under | 23 | | Section 2-202 of the Code of Civil Procedure or a special | 24 | | process server appointed by the circuit court, while that | 25 | | individual is in the performance of his or her duties as a | 26 | | process server. |
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| 1 | | (c) Offense based on use of firearm, device, or motor | 2 | | vehicle. A person commits aggravated assault when, in | 3 | | committing an assault, he or she does any of the following: | 4 | | (1) Uses a deadly weapon, an air rifle as defined in | 5 | | Section 24.8-0.1 of this Act, or any device manufactured | 6 | | and designed to be substantially similar in appearance to | 7 | | a firearm, other than by discharging a firearm. | 8 | | (2) Discharges a firearm, other than from a motor | 9 | | vehicle. | 10 | | (3) Discharges a firearm from a motor vehicle. | 11 | | (4) Wears a hood, robe, or mask to conceal his or her | 12 | | identity. | 13 | | (5) Knowingly and without lawful justification shines | 14 | | or flashes a laser gun sight or other laser device | 15 | | attached to a firearm, or used in concert with a firearm, | 16 | | so that the laser beam strikes near or in the immediate | 17 | | vicinity of any person. | 18 | | (6) Uses a firearm, other than by discharging the | 19 | | firearm, against a peace officer, community policing | 20 | | volunteer, fireman, private security officer, emergency | 21 | | management worker, emergency medical services personnel, | 22 | | employee of a police department, employee of a sheriff's | 23 | | department, or traffic control municipal employee: | 24 | | (i) performing his or her official duties; | 25 | | (ii) assaulted to prevent performance of his or | 26 | | her official duties; or |
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| 1 | | (iii) assaulted in retaliation for performing his | 2 | | or her official duties. | 3 | | (7) Without justification operates a motor vehicle in | 4 | | a manner which places a person, other than a person listed | 5 | | in subdivision (b)(4), in reasonable apprehension of being | 6 | | struck by the moving motor vehicle. | 7 | | (8) Without justification operates a motor vehicle in | 8 | | a manner which places a person listed in subdivision | 9 | | (b)(4), in reasonable apprehension of being struck by the | 10 | | moving motor vehicle. | 11 | | (9) Knowingly video or audio records the offense with | 12 | | the intent to disseminate the recording. | 13 | | (d) Sentence. Aggravated assault as defined in subdivision | 14 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 15 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except | 16 | | that aggravated assault as defined in subdivision (b)(4) and | 17 | | (b)(7) is a Class 4 felony if a Category I, Category II, or | 18 | | Category III weapon is used in the commission of the assault. | 19 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 20 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class | 21 | | 4 felony. Aggravated assault as defined in subdivision (c)(3) | 22 | | or (c)(8) is a Class 3 felony. | 23 | | (e) For the purposes of this Section, "Category I weapon", | 24 | | "Category II weapon", and "Category III weapon" have the | 25 | | meanings ascribed to those terms in Section 33A-1 of this | 26 | | Code.
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| 1 | | (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
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