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91_HB4277
LRB9111908RCcs
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.
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 Section 12-4 as follows:
7 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
8 Sec. 12-4. Aggravated Battery.
9 (a) A person who, in committing a battery, intentionally
10 or knowingly causes great bodily harm, or permanent
11 disability or disfigurement commits aggravated battery.
12 (b) In committing a battery, a person commits aggravated
13 battery if he or she:
14 (1) Uses a deadly weapon other than by the
15 discharge of a firearm;
16 (2) Is hooded, robed or masked, in such manner as
17 to conceal his identity;
18 (3) Knows the individual harmed to be a teacher or
19 other person employed in any school and such teacher or
20 other employee is upon the grounds of a school or grounds
21 adjacent thereto, or is in any part of a building used
22 for school purposes;
23 (4) Knows the individual harmed to be a supervisor,
24 director, instructor or other person employed in any park
25 district and such supervisor, director, instructor or
26 other employee is upon the grounds of the park or grounds
27 adjacent thereto, or is in any part of a building used
28 for park purposes;
29 (5) Knows the individual harmed to be a caseworker,
30 investigator, or other person employed by the State
31 Department of Public Aid, a County Department of Public
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1 Aid, or the Department of Human Services (acting as
2 successor to the Illinois Department of Public Aid under
3 the Department of Human Services Act) and such
4 caseworker, investigator, or other person is upon the
5 grounds of a public aid office or grounds adjacent
6 thereto, or is in any part of a building used for public
7 aid purposes, or upon the grounds of a home of a public
8 aid applicant, recipient, or any other person being
9 interviewed or investigated in the employee's discharge
10 of his duties, or on grounds adjacent thereto, or is in
11 any part of a building in which the applicant, recipient,
12 or other such person resides or is located;
13 (6) Knows the individual harmed to be a peace
14 officer, a community policing volunteer, a correctional
15 institution employee, or a fireman while such officer,
16 volunteer, employee or fireman is engaged in the
17 execution of any official duties including arrest or
18 attempted arrest, or to prevent the officer, volunteer,
19 employee or fireman from performing official duties, or
20 in retaliation for the officer, volunteer, employee or
21 fireman performing official duties, and the battery is
22 committed other than by the discharge of a firearm;
23 (7) Knows the individual harmed to be an emergency
24 medical technician - ambulance, emergency medical
25 technician - intermediate, emergency medical technician -
26 paramedic, ambulance driver, other medical assistance,
27 first aid personnel, or hospital emergency room personnel
28 engaged in the performance of any of his or her official
29 duties, or to prevent the emergency medical technician -
30 ambulance, emergency medical technician - intermediate,
31 emergency medical technician - paramedic, ambulance
32 driver, other medical assistance, first aid personnel, or
33 hospital emergency room personnel from performing
34 official duties, or in retaliation for performing
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1 official duties;
2 (8) Is, or the person battered is, on or about a
3 public way, public property or public place of
4 accommodation or amusement;
5 (9) Knows the individual harmed to be the driver,
6 operator, employee or passenger of any transportation
7 facility or system engaged in the business of
8 transportation of the public for hire and the individual
9 assaulted is then performing in such capacity or then
10 using such public transportation as a passenger or using
11 any area of any description designated by the
12 transportation facility or system as a vehicle boarding,
13 departure, or transfer location;
14 (10) Knowingly and without legal justification and
15 by any means causes bodily harm to an individual of 60
16 years of age or older;
17 (11) Knows the individual harmed is pregnant;
18 (12) Knows the individual harmed to be a judge whom
19 the person intended to harm as a result of the judge's
20 performance of his or her official duties as a judge;
21 (13) Knows the individual harmed to be an employee
22 of the Illinois Department of Children and Family
23 Services engaged in the performance of his authorized
24 duties as such employee;
25 (14) Knows the individual harmed to be a person who
26 is physically handicapped; or
27 (15) Knowingly and without legal justification and
28 by any means causes bodily harm to a merchant who detains
29 the person for an alleged commission of retail theft
30 under Section 16A-5 of this Code. In this item (15),
31 "merchant" has the meaning ascribed to it in Section
32 16A-2.4 of this Code.
33 For the purpose of paragraph (14) of subsection (b) of
34 this Section, a physically handicapped person is a person who
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1 suffers from a permanent and disabling physical
2 characteristic, resulting from disease, injury, functional
3 disorder or congenital condition.
4 (c) A person who administers to an individual or causes
5 him or her to take, without his or her consent or by threat
6 or deception, and for other than medical purposes, any
7 intoxicating, poisonous, stupefying, narcotic, anesthetic, or
8 controlled substance commits aggravated battery.
9 (d) A person who knowingly gives to another person any
10 food that contains any substance or object that is intended
11 to cause physical injury if eaten, commits aggravated
12 battery.
13 (d-3) (d-5) A person commits aggravated battery when he
14 or she knowingly and without lawful justification shines or
15 flashes a laser gunsight or other laser device that is
16 attached or affixed to a firearm, or used in concert with a
17 firearm, so that the laser beam strikes upon or against the
18 person of another.
19 (d-5) An inmate of a penal institution who causes or
20 attempts to cause a correctional employee of the penal
21 institution to come into contact with blood, seminal fluid,
22 urine, or feces, by throwing, tossing, or expelling that
23 fluid or material commits aggravated battery. For purposes
24 of this subsection (d-5), "correctional employee" means a
25 person who is employed by a penal institution.
26 (e) Sentence.
27 Aggravated battery is a Class 3 felony. Aggravated
28 battery under subsection (c) of this Section is a Class 2
29 felony when the victim of the offense was under 18 years of
30 age at the time of the commission of the offense.
31 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99;
32 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff.
33 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised
34 1-7-00.)