State of Illinois
91st General Assembly
Legislation

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91_HB2706

 
                                               LRB9105548REpk

 1        AN  ACT  concerning  assault  and  battery of health care
 2    workers.

 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 12-4 as follows:

 7        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
 8        Sec. 12-2.  Aggravated assault.
 9        (a)  A person commits an  aggravated  assault,  when,  in
10    committing an assault, he:
11             (1)  Uses a deadly weapon or any device manufactured
12        and designed to be substantially similar in appearance to
13        a  firearm,  other  than  by discharging a firearm in the
14        direction of another person, a peace  officer,  a  person
15        summoned  or  directed by a peace officer, a correctional
16        officer or a fireman or in the  direction  of  a  vehicle
17        occupied  by  another  person,  a peace officer, a person
18        summoned or directed by a peace officer,  a  correctional
19        officer  or  a  fireman  while  the officer or fireman is
20        engaged in the execution of any of his  official  duties,
21        or  to prevent the officer or fireman from performing his
22        official duties, or in retaliation  for  the  officer  or
23        fireman performing his official duties;
24             (2)  Is hooded, robed or masked in such manner as to
25        conceal  his  identity  or  any  device  manufactured and
26        designed to be substantially similar in appearance  to  a
27        firearm;
28             (3)  Knows  the individual assaulted to be a teacher
29        or other person employed in any school and  such  teacher
30        or  other  employee  is  upon  the grounds of a school or
31        grounds adjacent thereto, or is in any part of a building
 
                            -2-                LRB9105548REpk
 1        used for school purposes;
 2             (4)  Knows  the  individual  assaulted   to   be   a
 3        supervisor, director, instructor or other person employed
 4        in  any  park  district  and  such  supervisor, director,
 5        instructor or other employee is upon the grounds  of  the
 6        park  or grounds adjacent thereto, or is in any part of a
 7        building used for park purposes;
 8             (5)  Knows  the  individual  assaulted   to   be   a
 9        caseworker, investigator, or other person employed by the
10        State  Department  of  Public Aid, a County Department of
11        Public Aid, or the Department of Human  Services  (acting
12        as  successor  to  the  Illinois Department of Public Aid
13        under the Department of  Human  Services  Act)  and  such
14        caseworker,  investigator,  or  other  person is upon the
15        grounds of  a  public  aid  office  or  grounds  adjacent
16        thereto,  or is in any part of a building used for public
17        aid purposes, or upon the grounds of a home of  a  public
18        aid  applicant,  recipient  or  any  other  person  being
19        interviewed  or  investigated in the employees' discharge
20        of his duties, or on grounds adjacent thereto, or  is  in
21        any part of a building in which the applicant, recipient,
22        or other such person resides or is located;
23             (6)  Knows  the  individual  assaulted to be a peace
24        officer, or a community policing volunteer, or a  fireman
25        while  the officer or fireman is engaged in the execution
26        of any of his official duties, or to prevent the officer,
27        community policing volunteer, or fireman from  performing
28        his  official  duties, or in retaliation for the officer,
29        community policing volunteer, or fireman  performing  his
30        official  duties, and the assault is committed other than
31        by the discharge of a firearm in  the  direction  of  the
32        officer  or  fireman  or  in  the  direction of a vehicle
33        occupied by the officer or fireman;
34             (7)  Knows  the  individual  assaulted  to   be   an
 
                            -3-                LRB9105548REpk
 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;
 
                            -4-                LRB9105548REpk
 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; or.
19             (16)  Knows  the individual assaulted to be a health
20        care worker or other person employed by or contracted  by
21        a  health  care  organization  or medical practice and is
22        upon the grounds of a health care organization or grounds
23        adjacent thereto, or is in any part of  a  building  used
24        for the delivery of health care, or upon the grounds of a
25        home  of an individual in the employee's discharge of his
26        duties, or on grounds adjacent thereto, or in any part of
27        a building in which the individual resides or is located.
28        
29        (b)  Sentence.
30        Aggravated assault as defined in paragraphs  (1)  through
31    (5) and (7) through (12) of subsection (a) of this Section is
32    a  Class  A  misdemeanor.   Aggravated  assault as defined in
33    paragraphs (13), (14), and (15) of  subsection  (a)  of  this
34    Section is a Class 4 felony. Aggravated assault as defined in
 
                            -5-                LRB9105548REpk
 1    paragraph  (6) of subsection (a) of this Section is a Class A
 2    misdemeanor if a firearm is not used in the commission of the
 3    assault.  Aggravated assault as defined in paragraph  (6)  of
 4    subsection  (a)  of  this  Section  is  a Class 4 felony if a
 5    firearm is used in the commission of the assault.
 6    (Source: P.A. 89-507,  eff.  7-1-97;  90-406,  eff.  8-15-97;
 7    90-651, eff. 1-1-99.)

 8        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 9        Sec. 12-4. Aggravated Battery.
10        (a)  A person who, in committing a battery, intentionally
11    or   knowingly   causes   great  bodily  harm,  or  permanent
12    disability or disfigurement commits aggravated battery.
13        (b)  In committing a battery, a person commits aggravated
14    battery if he or she:
15             (1)  Uses  a  deadly  weapon  other  than   by   the
16        discharge of a firearm;
17             (2)  Is  hooded,  robed or masked, in such manner as
18        to conceal his identity;
19             (3)  Knows the individual harmed to be a teacher  or
20        other  person  employed in any school and such teacher or
21        other employee is upon the grounds of a school or grounds
22        adjacent thereto, or is in any part of  a  building  used
23        for school purposes;
24             (4)  Knows the individual harmed to be a supervisor,
25        director, instructor or other person employed in any park
26        district  and  such  supervisor,  director, instructor or
27        other employee is upon the grounds of the park or grounds
28        adjacent thereto, or is in any part of  a  building  used
29        for park purposes;
30             (5)  Knows the individual harmed to be a caseworker,
31        investigator,  or  other  person  employed  by  the State
32        Department of Public Aid, a County Department  of  Public
33        Aid,  or  the  Department  of  Human  Services (acting as
 
                            -6-                LRB9105548REpk
 1        successor to the Illinois Department of Public Aid  under
 2        the   Department   of   Human   Services  Act)  and  such
 3        caseworker, investigator, or other  person  is  upon  the
 4        grounds  of  a  public  aid  office  or  grounds adjacent
 5        thereto, or is in any part of a building used for  public
 6        aid  purposes,  or upon the grounds of a home of a public
 7        aid applicant,  recipient,  or  any  other  person  being
 8        interviewed  or  investigated in the employee's discharge
 9        of his duties, or on grounds adjacent thereto, or  is  in
10        any part of a building in which the applicant, recipient,
11        or other such person resides or is located;
12             (6)  Knows  the  individual  harmed  to  be  a peace
13        officer, a community policing volunteer,  a  correctional
14        institution  employee,  or  a fireman while such officer,
15        volunteer,  employee  or  fireman  is  engaged   in   the
16        execution  of  any  official  duties  including arrest or
17        attempted arrest, or to prevent the  officer,  volunteer,
18        employee  or  fireman from performing official duties, or
19        in retaliation for the officer,  volunteer,  employee  or
20        fireman  performing  official  duties, and the battery is
21        committed other than by the discharge of a firearm;
22             (7)  Knows the individual harmed to be an  emergency
23        medical   technician   -   ambulance,  emergency  medical
24        technician - intermediate, emergency medical technician -
25        paramedic, ambulance driver or other  medical  assistance
26        or  first aid personnel engaged in the performance of any
27        of  his  or  her  official  duties,  or  to  prevent  the
28        emergency  medical  technician  -  ambulance,   emergency
29        medical  technician  -  intermediate,  emergency  medical
30        technician   -  paramedic,  ambulance  driver,  or  other
31        medical assistance or first aid personnel from performing
32        official  duties,  or  in  retaliation   for   performing
33        official duties;
34             (8)  Is,  or  the  person battered is, on or about a
 
                            -7-                LRB9105548REpk
 1        public  way,  public  property   or   public   place   of
 2        accommodation or amusement;
 3             (9)  Knows  the  individual harmed to be the driver,
 4        operator, employee or  passenger  of  any  transportation
 5        facility   or   system   engaged   in   the  business  of
 6        transportation of the public for hire and the  individual
 7        assaulted  is  then  performing  in such capacity or then
 8        using such public transportation as a passenger or  using
 9        any   area   of   any   description   designated  by  the
10        transportation facility or system as a vehicle  boarding,
11        departure, or transfer location;
12             (10)  Knowingly  and without legal justification and
13        by any means causes bodily harm to an  individual  of  60
14        years of age or older;
15             (11)  Knows the individual harmed is pregnant;
16             (12)  Knows the individual harmed to be a judge whom
17        the  person  intended  to harm as a result of the judge's
18        performance of his or her official duties as a judge;
19             (13)  Knows the individual harmed to be an  employee
20        of   the  Illinois  Department  of  Children  and  Family
21        Services engaged in the  performance  of  his  authorized
22        duties as such employee;
23             (14)  Knows the individual harmed to be a person who
24        is physically handicapped; or
25             (15)  Knowingly  and without legal justification and
26        by any means causes bodily harm to a merchant who detains
27        the person for an  alleged  commission  of  retail  theft
28        under  Section  16A-5  of  this  Code. In this item (15),
29        "merchant" has the meaning  ascribed  to  it  in  Section
30        16A-2.4 of this Code; or.
31             (16)  Knows  the  individual  harmed  to be a health
32        care worker or other person employed by or contracted  by
33        a  health  care  organization  or medical practice and is
34        upon the grounds of a health care organization or grounds
 
                            -8-                LRB9105548REpk
 1        adjacent thereto, or is in any part of  a  building  used
 2        for the delivery of health care, or upon the grounds of a
 3        home  of an individual in the employee's discharge of his
 4        duties, or on the grounds adjacent  thereto,  or  in  any
 5        part  of a building in which the individual resides or is
 6        located.
 7        For the purpose of paragraph (14) of  subsection  (b)  of
 8    this Section, a physically handicapped person is a person who
 9    suffers    from    a   permanent   and   disabling   physical
10    characteristic, resulting from  disease,  injury,  functional
11    disorder or congenital condition.
12        (c)  A  person who administers to an individual or causes
13    him to take, without his consent or by threat  or  deception,
14    and  for  other  than  medical  purposes,  any  intoxicating,
15    poisonous,  stupefying,  narcotic,  anesthetic, or controlled
16    substance commits aggravated battery.
17        (d)  A person who knowingly gives to another  person  any
18    food  that  contains any substance or object that is intended
19    to  cause  physical  injury  if  eaten,  commits   aggravated
20    battery.
21        (e)  Sentence.
22        Aggravated battery is a Class 3 felony.
23    (Source: P.A.  89-507,  eff.  7-1-97;  90-115,  eff.  1-1-98;
24    90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)

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