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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB2067ham001
LRB9004418RCpcam
1 AMENDMENT TO HOUSE BILL 2067
2 AMENDMENT NO. . Amend House Bill 2067 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 12-4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 12-4 as follows:
10 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
11 (Text of Section before amendment by P.A. 89-507)
12 Sec. 12-4. Aggravated Battery.
13 (a) A person who, in committing a battery, intentionally
14 or knowingly causes great bodily harm, or permanent
15 disability or disfigurement commits aggravated battery.
16 (b) In committing a battery, a person commits aggravated
17 battery if he or she:
18 (1) Uses a deadly weapon other than by the
19 discharge of a firearm;
20 (2) Is hooded, robed or masked, in such manner as
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1 to conceal his identity;
2 (3) Knows the individual harmed to be a teacher or
3 other person employed in any school and such teacher or
4 other employee is upon the grounds of a school or grounds
5 adjacent thereto, or is in any part of a building used
6 for school purposes;
7 (4) Knows the individual harmed to be a supervisor,
8 director, instructor or other person employed in any park
9 district and such supervisor, director, instructor or
10 other employee is upon the grounds of the park or grounds
11 adjacent thereto, or is in any part of a building used
12 for park purposes;
13 (5) Knows the individual harmed to be a caseworker,
14 investigator, or other person employed by the State
15 Department of Public Aid or a County Department of Public
16 Aid and such caseworker, investigator, or other person is
17 upon the grounds of a Public Aid office or grounds
18 adjacent thereto, or is in any part of a building used
19 for Public Aid purposes, or upon the grounds of a home of
20 a public aid applicant, recipient, or any other person
21 being interviewed or investigated in the employee's
22 discharge of his duties, or on grounds adjacent thereto,
23 or is in any part of a building in which the applicant,
24 recipient, or other such person resides or is located;
25 (6) Knows the individual harmed to be a peace
26 officer, a person summoned and directed by a peace
27 officer, a correctional institution employee, or a
28 fireman while such officer, employee or fireman is
29 engaged in the execution of any official duties including
30 arrest or attempted arrest, or to prevent the officer,
31 employee or fireman from performing official duties, or
32 in retaliation for the officer, employee or fireman
33 performing official duties, and the battery is committed
34 other than by the discharge of a firearm;
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1 (7) Knows the individual harmed to be an emergency
2 medical technician - ambulance, emergency medical
3 technician - intermediate, emergency medical technician -
4 paramedic, ambulance driver or other medical assistance
5 or first aid personnel engaged in the performance of any
6 of his or her official duties, or to prevent the
7 emergency medical technician - ambulance, emergency
8 medical technician - intermediate, emergency medical
9 technician - paramedic, ambulance driver, or other
10 medical assistance or first aid personnel from performing
11 official duties, or in retaliation for performing
12 official duties;
13 (8) Is, or the person battered is, on or about a
14 public way, public property or public place of
15 accommodation or amusement;
16 (9) Knows the individual harmed to be the driver,
17 operator, employee or passenger of any transportation
18 facility or system engaged in the business of
19 transportation of the public for hire and the individual
20 assaulted is then performing in such capacity or then
21 using such public transportation as a passenger or using
22 any area of any description designated by the
23 transportation facility or system as a vehicle boarding,
24 departure, or transfer location;
25 (10) Knowingly and without legal justification and
26 by any means causes bodily harm to an individual of 60
27 years of age or older;
28 (11) Knows the individual harmed is pregnant;
29 (12) Knows the individual harmed to be a judge whom
30 the person intended to harm as a result of the judge's
31 performance of his or her official duties as a judge;
32 (13) Knows the individual harmed to be an employee
33 of the Illinois Department of Children and Family
34 Services engaged in the performance of his authorized
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1 duties as such employee; or
2 (14) Knows the individual harmed to be a person who
3 is physically handicapped.
4 For the purpose of paragraph (14) of subsection (b) of
5 this Section, a physically handicapped person is a person who
6 suffers from a permanent and disabling physical
7 characteristic, resulting from disease, injury, functional
8 disorder or congenital condition.
9 (c) A person who administers to an individual or causes
10 him to take, without his consent or by threat or deception,
11 and for other than medical purposes, any intoxicating,
12 poisonous, stupefying, narcotic or anesthetic substance
13 commits aggravated battery.
14 (d) A person who knowingly gives to another person any
15 food that contains any substance or object that is intended
16 to cause physical injury if eaten, commits aggravated
17 battery.
18 (e) Sentence.
19 Aggravated battery is a Class 3 felony.
20 (Source: P.A. 87-921; 87-1083; 88-45; 88-433.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 12-4. Aggravated Battery.
23 (a) A person who, in committing a battery, intentionally
24 or knowingly causes great bodily harm, or permanent
25 disability or disfigurement commits aggravated battery.
26 (b) In committing a battery, a person commits aggravated
27 battery if he or she:
28 (1) Uses a deadly weapon other than by the
29 discharge of a firearm;
30 (2) Is hooded, robed or masked, in such manner as
31 to conceal his identity;
32 (3) Knows the individual harmed to be a teacher or
33 other person employed in any school and such teacher or
34 other employee is upon the grounds of a school or grounds
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1 adjacent thereto, or is in any part of a building used
2 for school purposes;
3 (4) Knows the individual harmed to be a supervisor,
4 director, instructor or other person employed in any park
5 district and such supervisor, director, instructor or
6 other employee is upon the grounds of the park or grounds
7 adjacent thereto, or is in any part of a building used
8 for park purposes;
9 (5) Knows the individual harmed to be a caseworker,
10 investigator, or other person employed by the State
11 Department of Public Aid, a County Department of Public
12 Aid, or the Department of Human Services (acting as
13 successor to the Illinois Department of Public Aid under
14 the Department of Human Services Act) and such
15 caseworker, investigator, or other person is upon the
16 grounds of a public aid office or grounds adjacent
17 thereto, or is in any part of a building used for public
18 aid purposes, or upon the grounds of a home of a public
19 aid applicant, recipient, or any other person being
20 interviewed or investigated in the employee's discharge
21 of his duties, or on grounds adjacent thereto, or is in
22 any part of a building in which the applicant, recipient,
23 or other such person resides or is located;
24 (6) Knows the individual harmed to be a peace
25 officer, a person summoned and directed by a peace
26 officer, a correctional institution employee, or a
27 fireman while such officer, employee or fireman is
28 engaged in the execution of any official duties including
29 arrest or attempted arrest, or to prevent the officer,
30 employee or fireman from performing official duties, or
31 in retaliation for the officer, employee or fireman
32 performing official duties, and the battery is committed
33 other than by the discharge of a firearm;
34 (7) Knows the individual harmed to be an emergency
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1 medical technician - ambulance, emergency medical
2 technician - intermediate, emergency medical technician -
3 paramedic, ambulance driver or other medical assistance
4 or first aid personnel engaged in the performance of any
5 of his or her official duties, or to prevent the
6 emergency medical technician - ambulance, emergency
7 medical technician - intermediate, emergency medical
8 technician - paramedic, ambulance driver, or other
9 medical assistance or first aid personnel from performing
10 official duties, or in retaliation for performing
11 official duties;
12 (8) Is, or the person battered is, on or about a
13 public way, public property or public place of
14 accommodation or amusement;
15 (9) Knows the individual harmed to be the driver,
16 operator, employee or passenger of any transportation
17 facility or system engaged in the business of
18 transportation of the public for hire and the individual
19 assaulted is then performing in such capacity or then
20 using such public transportation as a passenger or using
21 any area of any description designated by the
22 transportation facility or system as a vehicle boarding,
23 departure, or transfer location;
24 (10) Knowingly and without legal justification and
25 by any means causes bodily harm to an individual of 60
26 years of age or older;
27 (11) Knows the individual harmed is pregnant;
28 (12) Knows the individual harmed to be a judge whom
29 the person intended to harm as a result of the judge's
30 performance of his or her official duties as a judge;
31 (13) Knows the individual harmed to be an employee
32 of the Illinois Department of Children and Family
33 Services engaged in the performance of his authorized
34 duties as such employee; or
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1 (14) Knows the individual harmed to be a person who
2 is physically handicapped.
3 For the purpose of paragraph (14) of subsection (b) of
4 this Section, a physically handicapped person is a person who
5 suffers from a permanent and disabling physical
6 characteristic, resulting from disease, injury, functional
7 disorder or congenital condition.
8 (c) A person who administers to an individual or causes
9 him to take, without his consent or by threat or deception,
10 and for other than medical purposes, any intoxicating,
11 poisonous, stupefying, narcotic or anesthetic substance
12 commits aggravated battery.
13 (d) A person who knowingly gives to another person any
14 food that contains any substance or object that is intended
15 to cause physical injury if eaten, commits aggravated
16 battery.
17 (e) Sentence.
18 Except as otherwise provided in subsection (f),
19 aggravated battery is a Class 3 felony.
20 (f) A person who, in committing a battery, intentionally
21 or knowingly causes great bodily harm or permanent disability
22 or disfigurement under paragraph (6) of subsection (b)
23 commits a Class 1 felony.
24 (Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)".