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90_HB3033
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/12-6.1 from Ch. 38, par. 12-6.1
720 ILCS 5/12-6.4 new
Amends the Criminal Code of 1961. Increases the penalty
for aggravated assault committed against a teacher or school
employee on school grounds from a Class A misdemeanor to a
Class 4 felony. Increases penalty for compelling
organization membership in a school, on the real property
comprising a school, on a public way within 1,000 feet of a
school, or on a school conveyance from a Class 2 felony to a
Class 1 felony. Creates the offense of displaying gang
imagery. Penalty is a Class A misdemeanor.
LRB9010810RCpc
LRB9010810RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-2 and 12-6.1 and adding Section 12-6.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-2 and 12-6.1 and adding Section 12-6.4
7 as follows:
8 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
9 Sec. 12-2. Aggravated assault.
10 (a) A person commits an aggravated assault, when, in
11 committing an assault, he:
12 (1) Uses a deadly weapon or any device manufactured
13 and designed to be substantially similar in appearance to
14 a firearm, other than by discharging a firearm in the
15 direction of another person, a peace officer, a person
16 summoned or directed by a peace officer, a correctional
17 officer or a fireman or in the direction of a vehicle
18 occupied by another person, a peace officer, a person
19 summoned or directed by a peace officer, a correctional
20 officer or a fireman while the officer or fireman is
21 engaged in the execution of any of his official duties,
22 or to prevent the officer or fireman from performing his
23 official duties, or in retaliation for the officer or
24 fireman performing his official duties;
25 (2) Is hooded, robed or masked in such manner as to
26 conceal his identity or any device manufactured and
27 designed to be substantially similar in appearance to a
28 firearm;
29 (3) Knows the individual assaulted to be a teacher
30 or other person employed in any school and such teacher
31 or other employee is upon the grounds of a school or
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1 grounds adjacent thereto, or is in any part of a building
2 used for school purposes;
3 (4) Knows the individual assaulted to be a
4 supervisor, director, instructor or other person employed
5 in any park district and such supervisor, director,
6 instructor or other employee is upon the grounds of the
7 park or grounds adjacent thereto, or is in any part of a
8 building used for park purposes;
9 (5) Knows the individual assaulted to be a
10 caseworker, investigator, or other person employed by the
11 State Department of Public Aid, a County Department of
12 Public Aid, or the Department of Human Services (acting
13 as successor to the Illinois Department of Public Aid
14 under 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 employees' 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 assaulted to be a peace
25 officer, or a person summoned and directed by him, or a
26 fireman while the officer or fireman is engaged in the
27 execution of any of his official duties, or to prevent
28 the officer or fireman from performing his official
29 duties, or in retaliation for the officer or fireman
30 performing his official duties, and the assault is
31 committed other than by the discharge of a firearm in the
32 direction of the officer or fireman or in the direction
33 of a vehicle occupied by the officer or fireman;
34 (7) Knows the individual assaulted to be an
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1 emergency medical technician - ambulance, emergency
2 medical technician - intermediate, emergency medical
3 technician - paramedic, ambulance driver or other medical
4 assistance or first aid personnel employed by a
5 municipality or other governmental unit engaged in the
6 execution of any of his official duties, or to prevent
7 the 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 his official duties, or in retaliation for the emergency
12 medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical technician -
14 paramedic, ambulance driver, or other medical assistance
15 or first aid personnel performing his official duties;
16 (8) Knows the individual assaulted to be the
17 driver, operator, employee or passenger of any
18 transportation facility or system engaged in the business
19 of transportation of the public for hire and the
20 individual assaulted is then performing in such capacity
21 or then using such public transportation as a passenger
22 or using any area of any description designated by the
23 transportation facility or system as a vehicle boarding,
24 departure, or transfer location;
25 (9) Or the individual assaulted is on or about a
26 public way, public property, or public place of
27 accommodation or amusement;
28 (10) Knows the individual assaulted to be an
29 employee of the State of Illinois, a municipal
30 corporation therein or a political subdivision thereof,
31 engaged in the performance of his authorized duties as
32 such employee;
33 (11) Knowingly and without legal justification,
34 commits an assault on a physically handicapped person;
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1 (12) Knowingly and without legal justification,
2 commits an assault on a person 60 years of age or older;
3 (13) Discharges a firearm;
4 (14) Knows the individual assaulted to be a
5 correctional officer, while the officer is engaged in the
6 execution of any of his or her official duties, or to
7 prevent the officer from performing his or her official
8 duties, or in retaliation for the officer performing his
9 or her official duties; or
10 (15) Knows the individual assaulted to be a
11 correctional employee, while the employee is engaged in
12 the execution of any of his or her official duties, or to
13 prevent the employee from performing his or her official
14 duties, or in retaliation for the employee performing his
15 or her official duties, and the assault is committed
16 other than by the discharge of a firearm in the direction
17 of the employee or in the direction of a vehicle occupied
18 by the employee.
19 (b) Sentence.
20 Aggravated assault as defined in paragraphs (1), (2),
21 (4), and through (5) and (7) through (12) of subsection (a)
22 of this Section is a Class A misdemeanor. Aggravated assault
23 as defined in paragraphs (3), (13), (14), and (15) of
24 subsection (a) of this Section is a Class 4 felony.
25 Aggravated assault as defined in paragraph (6) of subsection
26 (a) of this Section is a Class A misdemeanor if a firearm is
27 not used in the commission of the assault. Aggravated
28 assault as defined in paragraph (6) of subsection (a) of this
29 Section is a Class 4 felony if a firearm is used in the
30 commission of the assault.
31 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97.)
32 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
33 Sec. 12-6.1. Compelling organization membership of
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1 persons. A person who expressly or impliedly threatens to do
2 bodily harm or does bodily harm to an individual or to that
3 individual's family or uses any other criminally unlawful
4 means to solicit or cause any person to join, or deter any
5 person from leaving, any organization or association
6 regardless of the nature of such organization or association,
7 is guilty of a Class 2 felony.
8 A violation of this Section occurring, regardless of the
9 time of day or the time of year, in a school, on the real
10 property comprising a school, on a public way within 1,000
11 feet of a school, or in a conveyance owned, leased, or
12 contracted by a school to transport students to or from
13 school or a school related activity is a Class 1 felony. For
14 purposes of this Section, "school" means a public or private
15 elementary or secondary school, community college, college,
16 or university.
17 Any person of the age of 18 years or older who expressly
18 or impliedly threatens to do bodily harm or does bodily harm
19 to a person under 18 years of age or uses any other
20 criminally unlawful means to solicit or cause any person
21 under 18 years of age to join, or deter any person under 18
22 years of age from leaving, any organization or association
23 regardless of the nature of such organization or association
24 is guilty of a Class 1 felony.
25 A person convicted of an offense under this Section shall
26 not be eligible to receive a sentence of probation,
27 conditional discharge, or periodic imprisonment.
28 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
29 eff. 1-1-96; 89-626, eff. 8-9-96.)
30 (720 ILCS 5/12-6.4 new)
31 Sec. 12-6.4. Displaying gang imagery.
32 (a) A person who displays imagery created in furtherance
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1 of gang-related activity or gang affiliation within a school
2 or on the real property comprising a school commits the
3 offense of displaying gang imagery.
4 (b) Sentence. Displaying gang imagery is a Class A
5 misdemeanor.
6 (c) Definitions. For purposes of this Section:
7 (1) "Gang" and "gang-related" have the meanings
8 ascribed to them in Section 10 of the Illinois Streetgang
9 Terrorism Omnibus Prevention Act.
10 (2) "School" means any public or private elementary
11 or secondary school, community college, college, or
12 university.