Full Text of SB2526 101st General Assembly
SB2526 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2526 Introduced 1/28/2020, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-0.1 | | 720 ILCS 5/12-2 | from Ch. 38, par. 12-2 | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 |
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Amends the Criminal Code of 2012. Defines "servicemember" and "veteran". Provides that a person commits aggravated assault or aggravated battery when he or she commits an assault or a battery against a servicemember or veteran. Provides that an aggravated assault committed against a servicemember or veteran is a Class A misdemeanor. Provides that an aggravated battery committed against a servicemember or veteran is a Class 3 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | 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 changing | 5 | | Sections 12-0.1, 12-2, and 12-3.05 as follows: | 6 | | (720 ILCS 5/12-0.1)
| 7 | | Sec. 12-0.1. Definitions. In this Article, unless the | 8 | | context clearly requires otherwise: | 9 | | "Bona fide labor dispute" means any controversy concerning | 10 | | wages, salaries, hours, working conditions, or benefits, | 11 | | including health and welfare, sick leave, insurance, and | 12 | | pension or retirement provisions, the making or maintaining of | 13 | | collective bargaining agreements, and the terms to be included | 14 | | in those agreements. | 15 | | "Coach" means a person recognized as a coach by the | 16 | | sanctioning authority that conducts an athletic contest. | 17 | | "Correctional institution employee" means a person | 18 | | employed by a penal institution. | 19 | | "Emergency medical services personnel" has the meaning | 20 | | specified in Section 3.5 of the Emergency Medical Services | 21 | | (EMS) Systems Act and shall include all ambulance crew members, | 22 | | including drivers or pilots. | 23 | | "Family or household members" include spouses, former |
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| 1 | | spouses, parents, children, stepchildren, and other persons | 2 | | related by blood or by present or prior marriage, persons who | 3 | | share or formerly shared a common dwelling, persons who have or | 4 | | allegedly have a child in common, persons who share or | 5 | | allegedly share a blood relationship through a child, persons | 6 | | who have or have had a dating or engagement relationship, | 7 | | persons with disabilities and their personal assistants, and | 8 | | caregivers as defined in Section 12-4.4a of this Code. For | 9 | | purposes of this Article, neither a casual acquaintanceship nor | 10 | | ordinary fraternization between 2 individuals in business or | 11 | | social contexts shall be deemed to constitute a dating | 12 | | relationship. | 13 | | "In the presence of a child" means in the physical presence | 14 | | of a child or knowing or having reason to know that a child is | 15 | | present and may see or hear an act constituting an offense. | 16 | | "Park district employee" means a supervisor, director, | 17 | | instructor, or other person employed by a park district. | 18 | | "Person with a physical disability" means a person who | 19 | | suffers from a permanent and disabling physical | 20 | | characteristic, resulting from disease, injury, functional | 21 | | disorder, or congenital condition. | 22 | | "Private security officer" means a registered employee of a | 23 | | private security contractor agency under the Private | 24 | | Detective, Private Alarm, Private Security, Fingerprint | 25 | | Vendor, and Locksmith Act of 2004. | 26 | | "Probation officer" means a person as defined in the |
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| 1 | | Probation and Probation Officers Act. | 2 | | "Servicemember" means a person who is currently serving in | 3 | | the Army, Air Force, Marines, Navy, or Coast Guard on active | 4 | | duty, reserve status, or in the National Guard. | 5 | | "Sports official" means a person at an athletic contest who | 6 | | enforces the rules of the contest, such as an umpire or | 7 | | referee. | 8 | | "Sports venue" means a publicly or privately owned sports | 9 | | or entertainment arena, stadium, community or convention hall, | 10 | | special event center, or amusement facility, or a special event | 11 | | center in a public park, during the 12 hours before or after | 12 | | the sanctioned sporting event. | 13 | | "Streetgang", "streetgang member", and "criminal street | 14 | | gang" have the meanings ascribed to those terms in Section 10 | 15 | | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | 16 | | "Transit employee" means a driver, operator, or employee of | 17 | | any transportation facility or system engaged in the business | 18 | | of transporting the public for hire. | 19 | | "Transit passenger" means a passenger of any | 20 | | transportation facility or system engaged in the business of | 21 | | transporting the public for hire, including a passenger using | 22 | | any area designated by a transportation facility or system as a | 23 | | vehicle boarding, departure, or transfer location. | 24 | | "Utility worker" means any of the following: | 25 | | (1) A person employed by a public utility as defined in | 26 | | Section 3-105 of the Public Utilities Act. |
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| 1 | | (2) An employee of a municipally owned utility. | 2 | | (3) An employee of a cable television company. | 3 | | (4) An employee of an electric cooperative as defined | 4 | | in Section 3-119 of the Public Utilities Act. | 5 | | (5) An independent contractor or an employee of an | 6 | | independent contractor working on behalf of a cable | 7 | | television company, public utility, municipally owned | 8 | | utility, or electric cooperative. | 9 | | (6) An employee of a telecommunications carrier as | 10 | | defined in Section 13-202 of the Public Utilities Act, or | 11 | | an independent contractor or an employee of an independent | 12 | | contractor working on behalf of a telecommunications | 13 | | carrier. | 14 | | (7) An employee of a telephone or telecommunications | 15 | | cooperative as defined in Section 13-212 of the Public | 16 | | Utilities Act, or an independent contractor or an employee | 17 | | of an independent contractor working on behalf of a | 18 | | telephone or telecommunications cooperative.
| 19 | | "Veteran" means a former servicemember who was discharged | 20 | | or released from service under conditions other than | 21 | | dishonorable. | 22 | | (Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| 23 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 24 | | Sec. 12-2. Aggravated assault.
| 25 | | (a) Offense based on location of conduct. A person commits |
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| 1 | | aggravated assault when he or she commits an assault against an | 2 | | individual who is on or about a public way, public property, a | 3 | | public place of accommodation or amusement, or a sports venue, | 4 | | or in a church, synagogue, mosque, or other building, | 5 | | structure, or place used for religious worship. | 6 | | (b) Offense based on status of victim. A person commits | 7 | | aggravated assault when, in committing an assault, he or she | 8 | | knows the individual assaulted to be any of the following: | 9 | | (1) A person with a physical disability or a person 60 | 10 | | years of age or older and the assault is without legal | 11 | | justification. | 12 | | (1.5) A servicemember or veteran and the assault is | 13 | | without legal justification. | 14 | | (2) A teacher or school employee upon school grounds or | 15 | | grounds adjacent to a school or in any part of a building | 16 | | used for school purposes. | 17 | | (3) A park district employee upon park grounds or | 18 | | grounds adjacent to a park or in any part of a building | 19 | | used for park purposes. | 20 | | (4) A community policing volunteer, private security | 21 | | officer, or utility worker: | 22 | | (i) performing his or her official duties; | 23 | | (ii) assaulted to prevent performance of his or her | 24 | | official duties; or | 25 | | (iii) assaulted in retaliation for performing his | 26 | | or her official duties. |
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| 1 | | (4.1) A peace officer, fireman, emergency management | 2 | | worker, or emergency medical services personnel: | 3 | | (i) performing his or her official duties; | 4 | | (ii) assaulted to prevent performance of his or her | 5 | | official duties; or | 6 | | (iii) assaulted in retaliation for performing his | 7 | | or her official duties. | 8 | | (5) A correctional officer or probation officer: | 9 | | (i) performing his or her official duties; | 10 | | (ii) assaulted to prevent performance of his or her | 11 | | official duties; or | 12 | | (iii) assaulted in retaliation for performing his | 13 | | or her official duties. | 14 | | (6) A correctional institution employee, a county | 15 | | juvenile detention center employee who provides direct and | 16 | | continuous supervision of residents of a juvenile | 17 | | detention center, including a county juvenile detention | 18 | | center employee who supervises recreational activity for | 19 | | residents of a juvenile detention center, or a Department | 20 | | of Human Services employee, Department of Human Services | 21 | | officer, or employee of a subcontractor of the Department | 22 | | of Human Services supervising or controlling sexually | 23 | | dangerous persons or sexually violent persons: | 24 | | (i) performing his or her official duties; | 25 | | (ii) assaulted to prevent performance of his or her | 26 | | official duties; or |
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| 1 | | (iii) assaulted in retaliation for performing his | 2 | | or her official duties. | 3 | | (7) An employee of the State of Illinois, a municipal | 4 | | corporation therein, or a political subdivision thereof, | 5 | | performing his or her official duties. | 6 | | (8) A transit employee performing his or her official | 7 | | duties, or a transit passenger. | 8 | | (9) A sports official or coach actively participating | 9 | | in any level of athletic competition within a sports venue, | 10 | | on an indoor playing field or outdoor playing field, or | 11 | | within the immediate vicinity of such a facility or field. | 12 | | (10) A person authorized to serve process under Section | 13 | | 2-202 of the Code of Civil Procedure or a special process | 14 | | server appointed by the circuit court, while that | 15 | | individual is in the performance of his or her duties as a | 16 | | process server. | 17 | | (c) Offense based on use of firearm, device, or motor | 18 | | vehicle. A person commits aggravated assault when, in | 19 | | committing an assault, he or she does any of the following: | 20 | | (1) Uses a deadly weapon, an air rifle as defined in | 21 | | Section 24.8-0.1 of this Act, or any device manufactured | 22 | | and designed to be substantially similar in appearance to a | 23 | | firearm, other than by discharging a firearm. | 24 | | (2) Discharges a firearm, other than from a motor | 25 | | vehicle. | 26 | | (3) Discharges a firearm from a motor vehicle. |
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| 1 | | (4) Wears a hood, robe, or mask to conceal his or her | 2 | | identity. | 3 | | (5) Knowingly and without lawful justification shines | 4 | | or flashes a laser gun sight or other laser device attached | 5 | | to a firearm, or used in concert with a firearm, so that | 6 | | the laser beam strikes near or in the immediate vicinity of | 7 | | any person. | 8 | | (6) Uses a firearm, other than by discharging the | 9 | | firearm, against a peace officer, community policing | 10 | | volunteer, fireman, private security officer, emergency | 11 | | management worker, emergency medical services personnel, | 12 | | employee of a police department, employee of a sheriff's | 13 | | department, or traffic control municipal employee: | 14 | | (i) performing his or her official duties; | 15 | | (ii) assaulted to prevent performance of his or her | 16 | | official duties; or | 17 | | (iii) assaulted in retaliation for performing his | 18 | | or her official duties. | 19 | | (7) Without justification operates a motor vehicle in a | 20 | | manner which places a person, other than a person listed in | 21 | | subdivision (b)(4), in reasonable apprehension of being | 22 | | struck by the moving motor vehicle. | 23 | | (8) Without justification operates a motor vehicle in a | 24 | | manner which places a person listed in subdivision (b)(4), | 25 | | in reasonable apprehension of being struck by the moving | 26 | | motor vehicle. |
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| 1 | | (9) Knowingly video or audio records the offense with | 2 | | the intent to disseminate the recording. | 3 | | (d) Sentence. Aggravated assault as defined in subdivision | 4 | | (a), (b)(1), (b)(1.5), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), | 5 | | (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | 6 | | except that aggravated assault as defined in subdivision (b)(4) | 7 | | and (b)(7) is a Class 4 felony if a Category I, Category II, or | 8 | | Category III weapon is used in the commission of the assault. | 9 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 10 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 | 11 | | felony. Aggravated assault as defined in subdivision (c)(3) or | 12 | | (c)(8) is a Class 3 felony. | 13 | | (e) For the purposes of this Section, "Category I weapon", | 14 | | "Category II weapon " , and "Category III weapon" have the | 15 | | meanings ascribed to those terms in Section 33A-1 of this Code.
| 16 | | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| 17 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 18 | | Sec. 12-3.05. Aggravated battery.
| 19 | | (a) Offense based on injury. A person commits aggravated | 20 | | battery when, in committing a battery, other than by the | 21 | | discharge of a firearm, he or she knowingly does any of the | 22 | | following: | 23 | | (1) Causes great bodily harm or permanent disability or | 24 | | disfigurement. | 25 | | (2) Causes severe and permanent disability, great |
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| 1 | | bodily harm, or disfigurement by means of a caustic or | 2 | | flammable substance, a poisonous gas, a deadly biological | 3 | | or chemical contaminant or agent, a radioactive substance, | 4 | | or a bomb or explosive compound. | 5 | | (3) Causes great bodily harm or permanent disability or | 6 | | disfigurement to an individual whom the person knows to be | 7 | | a peace officer, community policing volunteer, fireman, | 8 | | private security officer, correctional institution | 9 | | employee, or Department of Human Services employee | 10 | | supervising or controlling sexually dangerous persons or | 11 | | sexually violent persons: | 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) Causes great bodily harm or permanent disability or | 18 | | disfigurement to an individual 60 years of age or older. | 19 | | (5) Strangles another individual. | 20 | | (b) Offense based on injury to a child or person with an | 21 | | intellectual disability. A person who is at least 18 years of | 22 | | age commits aggravated battery when, in committing a battery, | 23 | | he or she knowingly and without legal justification by any | 24 | | means: | 25 | | (1) causes great bodily harm or permanent disability or | 26 | | disfigurement to any child under the age of 13 years, or to |
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| 1 | | any person with a severe or profound intellectual | 2 | | disability; or | 3 | | (1.5) A servicemember or veteran. | 4 | | (2) causes bodily harm or disability or disfigurement | 5 | | to any child under the age of 13 years or to any person | 6 | | with a severe or profound intellectual disability. | 7 | | (c) Offense based on location of conduct. A person commits | 8 | | aggravated battery when, in committing a battery, other than by | 9 | | the discharge of a firearm, he or she is or the person battered | 10 | | is on or about a public way, public property, a public place of | 11 | | accommodation or amusement, a sports venue, or a domestic | 12 | | violence shelter, or in a church, synagogue, mosque, or other | 13 | | building, structure, or place used for religious worship. | 14 | | (d) Offense based on status of victim. A person commits | 15 | | aggravated battery when, in committing a battery, other than by | 16 | | discharge of a firearm, he or she knows the individual battered | 17 | | to be any of the following: | 18 | | (1) A person 60 years of age or older. | 19 | | (2) A person who is pregnant or has a physical | 20 | | disability. | 21 | | (3) A teacher or school employee upon school grounds or | 22 | | grounds adjacent to a school or in any part of a building | 23 | | used for school purposes. | 24 | | (4) A peace officer, community policing volunteer, | 25 | | fireman, private security officer, correctional | 26 | | institution employee, or Department of Human Services |
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| 1 | | employee supervising or controlling sexually dangerous | 2 | | persons or sexually violent persons: | 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 | | (5) A judge, emergency management worker, emergency | 9 | | medical services personnel, or utility worker: | 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 | | (6) An officer or employee of the State of Illinois, a | 16 | | unit of local government, or a school district, while | 17 | | performing his or her official duties. | 18 | | (7) A transit employee performing his or her official | 19 | | duties, or a transit passenger. | 20 | | (8) A taxi driver on duty. | 21 | | (9) A merchant who detains the person for an alleged | 22 | | commission of retail theft under Section 16-26 of this Code | 23 | | and the person without legal justification by any means | 24 | | causes bodily harm to the merchant. | 25 | | (10) A person authorized to serve process under Section | 26 | | 2-202 of the Code of Civil Procedure or a special process |
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| 1 | | server appointed by the circuit court while that individual | 2 | | is in the performance of his or her duties as a process | 3 | | server. | 4 | | (11) A nurse while in the performance of his or her | 5 | | duties as a nurse. | 6 | | (e) Offense based on use of a firearm. A person commits | 7 | | aggravated battery when, in committing a battery, he or she | 8 | | knowingly does any of the following: | 9 | | (1) Discharges a firearm, other than a machine gun or a | 10 | | firearm equipped with a silencer, and causes any injury to | 11 | | another person. | 12 | | (2) Discharges a firearm, other than a machine gun or a | 13 | | firearm equipped with a silencer, and causes any injury to | 14 | | a person he or she knows to be a peace officer, community | 15 | | policing volunteer, person summoned by a police officer, | 16 | | fireman, private security officer, correctional | 17 | | institution employee, or emergency management worker: | 18 | | (i) performing his or her official duties; | 19 | | (ii) battered to prevent performance of his or her | 20 | | official duties; or | 21 | | (iii) battered in retaliation for performing his | 22 | | or her official duties. | 23 | | (3) Discharges a firearm, other than a machine gun or a | 24 | | firearm equipped with a silencer, and causes any injury to | 25 | | a person he or she knows to be emergency medical services | 26 | | personnel: |
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| 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 | | (4) Discharges a firearm and causes any injury to a | 7 | | person he or she knows to be a teacher, a student in a | 8 | | school, or a school employee, and the teacher, student, or | 9 | | employee is upon school grounds or grounds adjacent to a | 10 | | school or in any part of a building used for school | 11 | | purposes. | 12 | | (5) Discharges a machine gun or a firearm equipped with | 13 | | a silencer, and causes any injury to another person. | 14 | | (6) 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 peace officer, community policing volunteer, | 17 | | person summoned by a police officer, fireman, private | 18 | | security officer, correctional institution employee or | 19 | | emergency management worker: | 20 | | (i) performing his or her official duties; | 21 | | (ii) battered to prevent performance of his or her | 22 | | official duties; or | 23 | | (iii) battered in retaliation for performing his | 24 | | or her official duties. | 25 | | (7) Discharges a machine gun or a firearm equipped with | 26 | | a silencer, and causes any injury to a person he or she |
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| 1 | | knows to be emergency medical services personnel: | 2 | | (i) performing his or her official duties; | 3 | | (ii) battered to prevent performance of his or her | 4 | | official duties; or | 5 | | (iii) battered in retaliation for performing his | 6 | | or her official duties. | 7 | | (8) Discharges a machine gun or a firearm equipped with | 8 | | a silencer, and causes any injury to a person he or she | 9 | | knows to be a teacher, or a student in a school, or a | 10 | | school employee, and the teacher, student, or employee is | 11 | | upon school grounds or grounds adjacent to a school or in | 12 | | any part of a building used for school purposes. | 13 | | (f) Offense based on use of a weapon or device. A person | 14 | | commits aggravated battery when, in committing a battery, he or | 15 | | she does any of the following: | 16 | | (1) Uses a deadly weapon other than by discharge of a | 17 | | firearm, or uses an air rifle as defined in Section | 18 | | 24.8-0.1 of this Code. | 19 | | (2) Wears a hood, robe, or mask to conceal his or her | 20 | | identity. | 21 | | (3) Knowingly and without lawful justification shines | 22 | | or flashes a laser gunsight or other laser device attached | 23 | | to a firearm, or used in concert with a firearm, so that | 24 | | the laser beam strikes upon or against the person of | 25 | | another. | 26 | | (4) Knowingly video or audio records the offense with |
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| 1 | | the intent to disseminate the recording. | 2 | | (g) Offense based on certain conduct. A person commits | 3 | | aggravated battery when, other than by discharge of a firearm, | 4 | | he or she does any of the following: | 5 | | (1) Violates Section 401 of the Illinois Controlled | 6 | | Substances Act by unlawfully delivering a controlled | 7 | | substance to another and any user experiences great bodily | 8 | | harm or permanent disability as a result of the injection, | 9 | | inhalation, or ingestion of any amount of the controlled | 10 | | substance. | 11 | | (2) Knowingly administers to an individual or causes | 12 | | him or her to take, without his or her consent or by threat | 13 | | or deception, and for other than medical purposes, any | 14 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 15 | | or controlled substance, or gives to another person any | 16 | | food containing any substance or object intended to cause | 17 | | physical injury if eaten. | 18 | | (3) Knowingly causes or attempts to cause a | 19 | | correctional institution employee or Department of Human | 20 | | Services employee to come into contact with blood, seminal | 21 | | fluid, urine, or feces by throwing, tossing, or expelling | 22 | | the fluid or material, and the person is an inmate of a | 23 | | penal institution or is a sexually dangerous person or | 24 | | sexually violent person in the custody of the Department of | 25 | | Human Services. | 26 | | (h) Sentence. Unless otherwise provided, aggravated |
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| 1 | | battery is a Class 3 felony. | 2 | | Aggravated battery as defined in subdivision (a)(4), | 3 | | (d)(4), or (g)(3) is a Class 2 felony. | 4 | | Aggravated battery as defined in subdivision (a)(3) or | 5 | | (g)(1) is a Class 1 felony. | 6 | | Aggravated battery as defined in subdivision (a)(1) is a | 7 | | Class 1 felony when the aggravated battery was intentional and | 8 | | involved the infliction of torture, as defined in paragraph | 9 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 10 | | infliction of or subjection to extreme physical pain, motivated | 11 | | by an intent to increase or prolong the pain, suffering, or | 12 | | agony of the victim. | 13 | | Aggravated battery as defined in subdivision (a)(1) is a | 14 | | Class 2 felony when the person causes great bodily harm or | 15 | | permanent disability to an individual whom the person knows to | 16 | | be a member of a congregation engaged in prayer or other | 17 | | religious activities at a church, synagogue, mosque, or other | 18 | | building, structure, or place used for religious worship. | 19 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 20 | | felony if: | 21 | | (A) the person used or attempted to use a dangerous
| 22 | | instrument while committing the offense; or | 23 | | (B) the person caused great bodily harm or
permanent | 24 | | disability or disfigurement to the other
person while | 25 | | committing the offense; or | 26 | | (C) the person has been previously convicted of a
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| 1 | | violation of subdivision (a)(5) under the laws of this
| 2 | | State or laws similar to subdivision (a)(5) of any other
| 3 | | state. | 4 | | Aggravated battery as defined in subdivision (e)(1) is a | 5 | | Class X felony. | 6 | | Aggravated battery as defined in subdivision (a)(2) is a | 7 | | Class X felony for which a person shall be sentenced to a term | 8 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 9 | | years. | 10 | | Aggravated battery as defined in subdivision (e)(5) is a | 11 | | Class X felony for which a person shall be sentenced to a term | 12 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 13 | | years. | 14 | | Aggravated battery as defined in subdivision (e)(2), | 15 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 16 | | be sentenced to a term of imprisonment of a minimum of 15 years | 17 | | and a maximum of 60 years. | 18 | | Aggravated battery as defined in subdivision (e)(6), | 19 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 20 | | be sentenced to a term of imprisonment of a minimum of 20 years | 21 | | and a maximum of 60 years. | 22 | | Aggravated battery as defined in subdivision (b)(1) is a | 23 | | Class X felony, except that: | 24 | | (1) if the person committed the offense while armed | 25 | | with a firearm, 15 years shall be added to the term of | 26 | | imprisonment imposed by the court; |
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| 1 | | (2) if, during the commission of the offense, the | 2 | | person personally discharged a firearm, 20 years shall be | 3 | | added to the term of imprisonment imposed by the court; | 4 | | (3) if, during the commission of the offense, the | 5 | | person personally discharged a firearm that proximately | 6 | | caused great bodily harm, permanent disability, permanent | 7 | | disfigurement, or death to another person, 25 years or up | 8 | | to a term of natural life shall be added to the term of | 9 | | imprisonment imposed by the court. | 10 | | (i) Definitions. In this Section: | 11 | | "Building or other structure used to provide shelter" has | 12 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 13 | | Violence Shelters Act. | 14 | | "Domestic violence" has the meaning ascribed to it in | 15 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 16 | | "Domestic violence shelter" means any building or other | 17 | | structure used to provide shelter or other services to victims | 18 | | or to the dependent children of victims of domestic violence | 19 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 20 | | Domestic Violence Shelters Act, or any place within 500 feet of | 21 | | such a building or other structure in the case of a person who | 22 | | is going to or from such a building or other structure. | 23 | | "Firearm" has the meaning provided under Section 1.1
of the | 24 | | Firearm Owners Identification Card Act, and does
not include an | 25 | | air rifle as defined by Section 24.8-0.1 of this Code. | 26 | | "Machine gun" has the meaning ascribed to it in Section |
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| 1 | | 24-1 of this Code. | 2 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 3 | | of this Code. | 4 | | "Strangle" means
intentionally impeding the normal | 5 | | breathing or circulation of the blood of an individual by | 6 | | applying pressure on the throat
or neck of that individual or | 7 | | by blocking the nose or mouth of
that individual.
| 8 | | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
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