Illinois General Assembly - Full Text of SB2931
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Full Text of SB2931  102nd General Assembly

SB2931 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2931

 

Introduced 10/13/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/12-2  from Ch. 38, par. 12-2

    Amends the Criminal Code of 2012. Provides that a person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be a judge of election: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties. Provides that the penalty is a Class 4 felony. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a judge of election: (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties. Provides that the penalty is a Class 3 felony.


LRB102 20425 RLC 29286 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2931LRB102 20425 RLC 29286 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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
9aggravated assault when he or she commits an assault against
10an individual who is on or about a public way, public property,
11a public place of accommodation or amusement, or a sports
12venue, or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14    (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows 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 or school employee upon school grounds
21    or grounds adjacent to a school or in any part of a
22    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, or judge
12    of election selected or appointed in accordance with
13    Article 13 or 14 of the Election Code:
14            (i) performing his or her official duties;
15            (ii) assaulted to prevent performance of his or
16        her official duties; or
17            (iii) assaulted in retaliation for performing his
18        or her official duties.
19        (5) A correctional officer or probation officer:
20            (i) performing his or her official duties;
21            (ii) assaulted to prevent performance of his or
22        her official duties; or
23            (iii) assaulted in retaliation for performing his
24        or her official duties.
25        (6) A correctional institution employee, a county
26    juvenile detention center employee who provides direct and

 

 

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1    continuous supervision of residents of a juvenile
2    detention center, including a county juvenile detention
3    center employee who supervises recreational activity for
4    residents of a juvenile detention center, or a Department
5    of Human Services employee, Department of Human Services
6    officer, or employee of a subcontractor of the Department
7    of Human Services supervising or controlling sexually
8    dangerous persons or sexually violent persons:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or
11        her official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (7) An employee of the State of Illinois, a municipal
15    corporation therein, or a political subdivision thereof,
16    performing his or her official duties.
17        (8) A transit employee performing his or her official
18    duties, or a transit passenger.
19        (9) A sports official or coach actively participating
20    in any level of athletic competition within a sports
21    venue, on an indoor playing field or outdoor playing
22    field, or within the immediate vicinity of such a facility
23    or field.
24        (10) A person authorized to serve process under
25    Section 2-202 of the Code of Civil Procedure or a special
26    process server appointed by the circuit court, while that

 

 

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1    individual is in the performance of his or her duties as a
2    process server.
3    (c) Offense based on use of firearm, device, or motor
4vehicle. A person commits aggravated assault when, in
5committing an assault, he or she does any of the following:
6        (1) Uses a deadly weapon, an air rifle as defined in
7    Section 24.8-0.1 of this Act, or any device manufactured
8    and designed to be substantially similar in appearance to
9    a firearm, other than by discharging a firearm.
10        (2) Discharges a firearm, other than from a motor
11    vehicle.
12        (3) Discharges a firearm from a motor vehicle.
13        (4) Wears a hood, robe, or mask to conceal his or her
14    identity.
15        (5) Knowingly and without lawful justification shines
16    or flashes a laser gun sight or other laser device
17    attached to a firearm, or used in concert with a firearm,
18    so that the laser beam strikes near or in the immediate
19    vicinity of any person.
20        (6) Uses a firearm, other than by discharging the
21    firearm, against a peace officer, community policing
22    volunteer, fireman, private security officer, emergency
23    management worker, emergency medical services personnel,
24    employee of a police department, employee of a sheriff's
25    department, or traffic control municipal employee:
26            (i) performing his or her official duties;

 

 

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1            (ii) assaulted to prevent performance of his or
2        her official duties; or
3            (iii) assaulted in retaliation for performing his
4        or her official duties.
5        (7) Without justification operates a motor vehicle in
6    a manner which places a person, other than a person listed
7    in subdivision (b)(4), in reasonable apprehension of being
8    struck by the moving motor vehicle.
9        (8) Without justification operates a motor vehicle in
10    a manner which places a person listed in subdivision
11    (b)(4), in reasonable apprehension of being struck by the
12    moving motor vehicle.
13        (9) Knowingly video or audio records the offense with
14    the intent to disseminate the recording.
15    (d) Sentence. Aggravated assault as defined in subdivision
16(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
17(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
18that aggravated assault as defined in subdivision (b)(4) and
19(b)(7) is a Class 4 felony if a Category I, Category II, or
20Category III weapon is used in the commission of the assault.
21Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
22(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
234 felony. Aggravated assault as defined in subdivision (c)(3)
24or (c)(8) is a Class 3 felony.
25    (e) For the purposes of this Section, "Category I weapon",
26"Category II weapon", and "Category III weapon" have the

 

 

SB2931- 6 -LRB102 20425 RLC 29286 b

1meanings ascribed to those terms in Section 33A-1 of this
2Code.
3(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
4    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
5    Sec. 12-3.05. Aggravated battery.
6    (a) Offense based on injury. A person commits aggravated
7battery when, in committing a battery, other than by the
8discharge of a firearm, he or she knowingly does any of the
9following:
10        (1) Causes great bodily harm or permanent disability
11    or disfigurement.
12        (2) Causes severe and permanent disability, great
13    bodily harm, or disfigurement by means of a caustic or
14    flammable substance, a poisonous gas, a deadly biological
15    or chemical contaminant or agent, a radioactive substance,
16    or a bomb or explosive compound.
17        (3) Causes great bodily harm or permanent disability
18    or disfigurement to an individual whom the person knows to
19    be a peace officer, community policing volunteer, fireman,
20    private security officer, correctional institution
21    employee, or Department of Human Services employee
22    supervising or controlling sexually dangerous persons or
23    sexually violent persons:
24            (i) performing his or her official duties;
25            (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        (4) Causes great bodily harm or permanent disability
5    or disfigurement to an individual 60 years of age or
6    older.
7        (5) Strangles another individual.
8    (b) Offense based on injury to a child or person with an
9intellectual disability. A person who is at least 18 years of
10age commits aggravated battery when, in committing a battery,
11he or she knowingly and without legal justification by any
12means:
13        (1) causes great bodily harm or permanent disability
14    or disfigurement to any child under the age of 13 years, or
15    to any person with a severe or profound intellectual
16    disability; or
17        (2) causes bodily harm or disability or disfigurement
18    to any child under the age of 13 years or to any person
19    with a severe or profound intellectual disability.
20    (c) Offense based on location of conduct. A person commits
21aggravated battery when, in committing a battery, other than
22by the discharge of a firearm, he or she is or the person
23battered is on or about a public way, public property, a public
24place of accommodation or amusement, a sports venue, or a
25domestic violence shelter, or in a church, synagogue, mosque,
26or other building, structure, or place used for religious

 

 

SB2931- 8 -LRB102 20425 RLC 29286 b

1worship.
2    (d) Offense based on status of victim. A person commits
3aggravated battery when, in committing a battery, other than
4by discharge of a firearm, he or she knows the individual
5battered to be any of the following:
6        (1) A person 60 years of age or older.
7        (2) A person who is pregnant or has a physical
8    disability.
9        (3) A teacher or school employee upon school grounds
10    or grounds adjacent to a school or in any part of a
11    building used for school purposes.
12        (4) A peace officer, community policing volunteer,
13    fireman, private security officer, correctional
14    institution employee, or Department of Human Services
15    employee supervising or controlling sexually dangerous
16    persons or sexually violent persons:
17            (i) performing his or her official duties;
18            (ii) battered to prevent performance of his or her
19        official duties; or
20            (iii) battered in retaliation for performing his
21        or her official duties.
22        (5) A judge, emergency management worker, emergency
23    medical services personnel, or utility worker, or judge of
24    election selected or appointed in accordance with Article
25    13 or 14 of the Election Code:
26            (i) performing his or her official duties;

 

 

SB2931- 9 -LRB102 20425 RLC 29286 b

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        (6) An officer or employee of the State of Illinois, a
6    unit of local government, or a school district, while
7    performing his or her official duties.
8        (7) A transit employee performing his or her official
9    duties, or a transit passenger.
10        (8) A taxi driver on duty.
11        (9) A merchant who detains the person for an alleged
12    commission of retail theft under Section 16-26 of this
13    Code and the person without legal justification by any
14    means causes bodily harm to the merchant.
15        (10) A person authorized to serve process under
16    Section 2-202 of the Code of Civil Procedure or a special
17    process server appointed by the circuit court while that
18    individual is in the performance of his or her duties as a
19    process server.
20        (11) A nurse while in the performance of his or her
21    duties as a nurse.
22        (12) A merchant: (i) while performing his or her
23    duties, including, but not limited to, relaying directions
24    for healthcare or safety from his or her supervisor or
25    employer or relaying health or safety guidelines,
26    recommendations, regulations, or rules from a federal,

 

 

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1    State, or local public health agency; and (ii) during a
2    disaster declared by the Governor, or a state of emergency
3    declared by the mayor of the municipality in which the
4    merchant is located, due to a public health emergency and
5    for a period of 6 months after such declaration.
6    (e) Offense based on use of a firearm. A person commits
7aggravated battery when, in committing a battery, he or she
8knowingly does any of the following:
9        (1) Discharges a firearm, other than a machine gun or
10    a firearm equipped with a silencer, and causes any injury
11    to another person.
12        (2) Discharges a firearm, other than a machine gun or
13    a firearm equipped with a silencer, and causes any injury
14    to a person he or she knows to be a peace officer,
15    community policing volunteer, person summoned by a police
16    officer, 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
24    a firearm equipped with a silencer, and causes any injury
25    to a person he or she knows to be emergency medical
26    services personnel:

 

 

SB2931- 11 -LRB102 20425 RLC 29286 b

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
13    with a silencer, and causes any injury to another person.
14        (6) Discharges a machine gun or a firearm equipped
15    with a silencer, and causes any injury to a person he or
16    she knows to be a peace officer, community policing
17    volunteer, person summoned by a police officer, fireman,
18    private security officer, correctional institution
19    employee or 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
26    with a silencer, and causes any injury to a person he or

 

 

SB2931- 12 -LRB102 20425 RLC 29286 b

1    she 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
8    with a silencer, and causes any injury to a person he or
9    she 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
14commits aggravated battery when, in committing a battery, he
15or 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
3aggravated battery when, other than by discharge of a firearm,
4he 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,
15    anesthetic, or controlled substance, or gives to another
16    person any food containing any substance or object
17    intended to cause 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
25    of Human Services.
26    (h) Sentence. Unless otherwise provided, aggravated

 

 

SB2931- 14 -LRB102 20425 RLC 29286 b

1battery 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
7Class 1 felony when the aggravated battery was intentional and
8involved the infliction of torture, as defined in paragraph
9(14) of subsection (b) of Section 9-1 of this Code, as the
10infliction of or subjection to extreme physical pain,
11motivated by an intent to increase or prolong the pain,
12suffering, or agony of the victim.
13    Aggravated battery as defined in subdivision (a)(1) is a
14Class 2 felony when the person causes great bodily harm or
15permanent disability to an individual whom the person knows to
16be a member of a congregation engaged in prayer or other
17religious activities at a church, synagogue, mosque, or other
18building, structure, or place used for religious worship.
19    Aggravated battery under subdivision (a)(5) is a Class 1
20felony if:
21        (A) the person used or attempted to use a dangerous
22    instrument while committing the offense;
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
5Class X felony.
6    Aggravated battery as defined in subdivision (a)(2) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 6 years and a maximum of 45
9years.
10    Aggravated battery as defined in subdivision (e)(5) is a
11Class X felony for which a person shall be sentenced to a term
12of imprisonment of a minimum of 12 years and a maximum of 45
13years.
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
16be sentenced to a term of imprisonment of a minimum of 15 years
17and 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
20be sentenced to a term of imprisonment of a minimum of 20 years
21and a maximum of 60 years.
22    Aggravated battery as defined in subdivision (b)(1) is a
23Class 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;

 

 

SB2931- 16 -LRB102 20425 RLC 29286 b

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
12the meaning ascribed to "shelter" in Section 1 of the Domestic
13Violence Shelters Act.
14    "Domestic violence" has the meaning ascribed to it in
15Section 103 of the Illinois Domestic Violence Act of 1986.
16    "Domestic violence shelter" means any building or other
17structure used to provide shelter or other services to victims
18or to the dependent children of victims of domestic violence
19pursuant to the Illinois Domestic Violence Act of 1986 or the
20Domestic Violence Shelters Act, or any place within 500 feet
21of such a building or other structure in the case of a person
22who is going to or from such a building or other structure.
23    "Firearm" has the meaning provided under Section 1.1 of
24the Firearm Owners Identification Card Act, and does not
25include an air rifle as defined by Section 24.8-0.1 of this
26Code.

 

 

SB2931- 17 -LRB102 20425 RLC 29286 b

1    "Machine gun" has the meaning ascribed to it in Section
224-1 of this Code.
3    "Merchant" has the meaning ascribed to it in Section
416-0.1 of this Code.
5    "Strangle" means intentionally impeding the normal
6breathing or circulation of the blood of an individual by
7applying pressure on the throat or neck of that individual or
8by blocking the nose or mouth of that individual.
9(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)