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91_SB0845
LRB9104773LDfgA
1 AN ACT in relation to laser devices.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act shall be known as the
5 Laser Assault Civil Liability Law.
6 Section 5. Cause of action. Any person who is aggrieved
7 or harmed by a violation of any of the following Sections of
8 the Criminal Code of 1961 shall have a civil cause of action
9 against the violator, which, in addition to presumed or
10 actual damages, may include an award of punitive damages,
11 attorneys fees, and costs:
12 (i) Section 12-2 (relating to aggravated assault
13 involving a laser device);
14 (ii) Section 12-3 (relating to battery involving a
15 laser device);
16 (iii) Section 12-4 (relating to aggravated battery
17 involving a laser device); or
18 (iv) Section 24-1.6 (relating to the unlawful sale
19 or giving of a laser device to a minor).
20 Section 10. Damages. In any civil action or count of a
21 civil action arising under this Act, the following damages
22 shall be presumed to exist:
23 (i) for a violation of Section 12-3 of the Criminal
24 Code (battery involving a laser device), $100;
25 (ii) for a violation of Section 12-2 (aggravated
26 assault involving a laser device) or 12-4 (aggravated
27 battery involving a laser device), $500;
28 (iii) for a violation of Section 24-1.6 (unlawful
29 sale or giving of a laser device to a minor), $200.
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1 Section 85. The Criminal Code of 1961 is amended by
2 changing Sections 12-2, 12-3, 12-4, and 12-5 and the heading
3 of Article 24 and adding Sections 2-10.2, 2-10.3, and 24-1.6
4 as follows:
5 (720 ILCS 5/2-10.2 new)
6 Sec. 10.2. Laser or laser device. "Laser" or "laser
7 device" means any small or hand-held battery powered device
8 which converts incident electromagnetic radiation of mixed
9 frequencies to one or more discrete frequencies of highly
10 amplified and coherent visible radiation or light. Proof
11 that a particular device casts a small red dot or other
12 similar small and discrete image or small and discrete visual
13 signal upon a target surface at least 15 feet away creates a
14 rebuttable presumption that the device is a laser.
15 Flashlights and similar lamps, lanterns, lights, and
16 penlights are not laser devices.
17 (720 ILCS 5/2-10.3 new)
18 Sec. 10.3. Laser gunsight. "Laser gunsight" means any
19 battery powered laser device manufactured to function as a
20 firearm aiming device or sold as a firearm aiming device.
21 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
22 Sec. 12-2. Aggravated assault.
23 (a) A person commits an aggravated assault, when, in
24 committing an assault, he:
25 (1) Uses a deadly weapon or any device manufactured
26 and designed to be substantially similar in appearance to
27 a firearm, other than by discharging a firearm in the
28 direction of another person, a peace officer, a person
29 summoned or directed by a peace officer, a correctional
30 officer or a fireman or in the direction of a vehicle
31 occupied by another person, a peace officer, a person
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1 summoned or directed by a peace officer, a correctional
2 officer or a fireman while the officer or fireman is
3 engaged in the execution of any of his official duties,
4 or to prevent the officer or fireman from performing his
5 official duties, or in retaliation for the officer or
6 fireman performing his official duties;
7 (2) Is hooded, robed or masked in such manner as to
8 conceal his identity or any device manufactured and
9 designed to be substantially similar in appearance to a
10 firearm;
11 (3) Knows the individual assaulted to be a teacher
12 or other person employed in any school and such teacher
13 or other employee is upon the grounds of a school or
14 grounds adjacent thereto, or is in any part of a building
15 used for school purposes;
16 (4) Knows the individual assaulted to be a
17 supervisor, director, instructor or other person employed
18 in any park district and such supervisor, director,
19 instructor or other employee is upon the grounds of the
20 park or grounds adjacent thereto, or is in any part of a
21 building used for park purposes;
22 (5) Knows the individual assaulted to be a
23 caseworker, investigator, or other person employed by the
24 State Department of Public Aid, a County Department of
25 Public Aid, or the Department of Human Services (acting
26 as successor to the Illinois Department of Public Aid
27 under the Department of Human Services Act) and such
28 caseworker, investigator, or other person is upon the
29 grounds of a public aid office or grounds adjacent
30 thereto, or is in any part of a building used for public
31 aid purposes, or upon the grounds of a home of a public
32 aid applicant, recipient or any other person being
33 interviewed or investigated in the employees' discharge
34 of his duties, or on grounds adjacent thereto, or is in
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1 any part of a building in which the applicant, recipient,
2 or other such person resides or is located;
3 (6) Knows the individual assaulted to be a peace
4 officer, or a community policing volunteer, or a fireman
5 while the officer or fireman is engaged in the execution
6 of any of his official duties, or to prevent the officer,
7 community policing volunteer, or fireman from performing
8 his official duties, or in retaliation for the officer,
9 community policing volunteer, or fireman performing his
10 official duties, and the assault is committed other than
11 by the discharge of a firearm in the direction of the
12 officer or fireman or in the direction of a vehicle
13 occupied by the officer or fireman;
14 (7) Knows the individual assaulted to be an
15 emergency medical technician - ambulance, emergency
16 medical technician - intermediate, emergency medical
17 technician - paramedic, ambulance driver or other medical
18 assistance or first aid personnel employed by a
19 municipality or other governmental unit engaged in the
20 execution of any of his official duties, or to prevent
21 the emergency medical technician - ambulance, emergency
22 medical technician - intermediate, emergency medical
23 technician - paramedic, ambulance driver, or other
24 medical assistance or first aid personnel from performing
25 his official duties, or in retaliation for the emergency
26 medical technician - ambulance, emergency medical
27 technician - intermediate, emergency medical technician -
28 paramedic, ambulance driver, or other medical assistance
29 or first aid personnel performing his official duties;
30 (8) Knows the individual assaulted to be the
31 driver, operator, employee or passenger of any
32 transportation facility or system engaged in the business
33 of transportation of the public for hire and the
34 individual assaulted is then performing in such capacity
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1 or then using such public transportation as a passenger
2 or using any area of any description designated by the
3 transportation facility or system as a vehicle boarding,
4 departure, or transfer location;
5 (9) Or the individual assaulted is on or about a
6 public way, public property, or public place of
7 accommodation or amusement;
8 (10) Knows the individual assaulted to be an
9 employee of the State of Illinois, a municipal
10 corporation therein or a political subdivision thereof,
11 engaged in the performance of his authorized duties as
12 such employee;
13 (11) Knowingly and without legal justification,
14 commits an assault on a physically handicapped person;
15 (12) Knowingly and without legal justification,
16 commits an assault on a person 60 years of age or older;
17 (13) Discharges a firearm;
18 (14) Knows the individual assaulted to be a
19 correctional officer, while the officer is engaged in the
20 execution of any of his or her official duties, or to
21 prevent the officer from performing his or her official
22 duties, or in retaliation for the officer performing his
23 or her official duties; or
24 (15) Knows the individual assaulted to be a
25 correctional employee, while the employee is engaged in
26 the execution of any of his or her official duties, or to
27 prevent the employee from performing his or her official
28 duties, or in retaliation for the employee performing his
29 or her official duties, and the assault is committed
30 other than by the discharge of a firearm in the direction
31 of the employee or in the direction of a vehicle occupied
32 by the employee; or.
33 (16) Knowingly and without lawful justification
34 places another in reasonable apprehension of receiving a
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1 battery by firing or discharging a laser gunsight or
2 other laser device that is attached or affixed to a
3 firearm or used in concert with a firearm, commits
4 aggravated assault.
5 (b) Sentence.
6 Aggravated assault as defined in paragraphs (1) through
7 (5) and (7) through (12) of subsection (a) of this Section is
8 a Class A misdemeanor. Aggravated assault as defined in
9 paragraphs (13), (14), and (15) of subsection (a) of this
10 Section is a Class 4 felony. Aggravated assault as defined
11 in paragraph (6) of subsection (a) of this Section is a Class
12 A misdemeanor if a firearm is not used in the commission of
13 the assault. Aggravated assault as defined in paragraph (6)
14 of subsection (a) of this Section is a Class 4 felony if a
15 firearm is used in the commission of the assault. Aggravated
16 assault as defined in paragraph (16) of this Section is a
17 Class A misdemeanor for which a fine of not less that $1000
18 shall be imposed. A second or subsequent conviction for a
19 violation of paragraph (16) is a Class 4 felony. Aggravated
20 assault as defined in paragraph (16) of this Section is a
21 Class 4 felony where the person committing the assault knows
22 the individual assaulted to be a peace officer, or a person
23 summoned and directed by him, or a fireman, while the officer
24 or fireman is engaged in the execution of any of his official
25 duties, or to prevent the officer or fireman from performing
26 his official duties, or in retaliation for the officer or
27 fireman performing his official duties, and the assault is
28 committed other than by the discharge of a firearm in the
29 direction of the officer or fireman or in the direction of a
30 vehicle occupied by the officer or fireman.
31 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
32 90-651, eff. 1-1-99.)
33 (720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
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1 Sec. 12-3. Battery.
2 (a) A person commits battery if he intentionally or
3 knowingly without legal justification and by any means, (1)
4 causes bodily harm to an individual or (2) makes physical
5 contact of an insulting or provoking nature with an
6 individual. Physical contact of an insulting or provoking
7 nature includes the firing or discharging of a laser device
8 upon or against the person of another so that the laser beam
9 strikes the person, or firing or discharging a laser into a
10 moving motor vehicle occupied by another so that the laser
11 strikes inside the vehicle.
12 (b) Sentence.
13 Battery is a Class A misdemeanor. Battery involving the
14 firing or discharging of a laser device not attached or
15 affixed to a firearm, and not used in concert with a firearm,
16 is a Class 4 felony where the person committing the battery
17 knows that the person struck by the laser beam is a peace
18 officer, or a person summoned and directed by him, or a
19 fireman, or emergency medical technician while the police
20 officer, fireman, or emergency medical technician is engaged
21 in the execution of any of his official duties, or to prevent
22 the officer, fireman, or emergency medical technician from
23 performing his official duties, or in retaliation for the
24 officer, fireman, or emergency medical technician performing
25 his official duties, and the battery is committed in a manner
26 that does not include the discharge of a firearm in the
27 direction of the officer, fireman, or emergency medical
28 technician or in the direction of a vehicle occupied by him.
29 (Source: P.A. 77-2638.)
30 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
31 Sec. 12-4. Aggravated Battery.
32 (a) A person who, in committing a battery, intentionally
33 or knowingly causes great bodily harm, or permanent
-8- LRB9104773LDfgA
1 disability or disfigurement commits aggravated battery.
2 (b) In committing a battery, a person commits aggravated
3 battery if he or she:
4 (1) Uses a deadly weapon other than by the
5 discharge of a firearm;
6 (2) Is hooded, robed or masked, in such manner as
7 to conceal his identity;
8 (3) Knows the individual harmed to be a teacher or
9 other person employed in any school and such teacher or
10 other employee is upon the grounds of a school or grounds
11 adjacent thereto, or is in any part of a building used
12 for school purposes;
13 (4) Knows the individual harmed to be a supervisor,
14 director, instructor or other person employed in any park
15 district and such supervisor, director, instructor or
16 other employee is upon the grounds of the park or grounds
17 adjacent thereto, or is in any part of a building used
18 for park purposes;
19 (5) Knows the individual harmed to be a caseworker,
20 investigator, or other person employed by the State
21 Department of Public Aid, a County Department of Public
22 Aid, or the Department of Human Services (acting as
23 successor to the Illinois Department of Public Aid under
24 the Department of Human Services Act) and such
25 caseworker, investigator, or other person is upon the
26 grounds of a public aid office or grounds adjacent
27 thereto, or is in any part of a building used for public
28 aid purposes, or upon the grounds of a home of a public
29 aid applicant, recipient, or any other person being
30 interviewed or investigated in the employee's discharge
31 of his duties, or on grounds adjacent thereto, or is in
32 any part of a building in which the applicant, recipient,
33 or other such person resides or is located;
34 (6) Knows the individual harmed to be a peace
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1 officer, a community policing volunteer, a correctional
2 institution employee, or a fireman while such officer,
3 volunteer, employee or fireman is engaged in the
4 execution of any official duties including arrest or
5 attempted arrest, or to prevent the officer, volunteer,
6 employee or fireman from performing official duties, or
7 in retaliation for the officer, volunteer, employee or
8 fireman performing official duties, and the battery is
9 committed other than by the discharge of a firearm;
10 (7) Knows the individual harmed to be an emergency
11 medical technician - ambulance, emergency medical
12 technician - intermediate, emergency medical technician -
13 paramedic, ambulance driver or other medical assistance
14 or first aid personnel engaged in the performance of any
15 of his or her official duties, or to prevent the
16 emergency medical technician - ambulance, emergency
17 medical technician - intermediate, emergency medical
18 technician - paramedic, ambulance driver, or other
19 medical assistance or first aid personnel from performing
20 official duties, or in retaliation for performing
21 official duties;
22 (8) Is, or the person battered is, on or about a
23 public way, public property or public place of
24 accommodation or amusement;
25 (9) Knows the individual harmed to be the driver,
26 operator, employee or passenger of any transportation
27 facility or system engaged in the business of
28 transportation of the public for hire and the individual
29 assaulted is then performing in such capacity or then
30 using such public transportation as a passenger or using
31 any area of any description designated by the
32 transportation facility or system as a vehicle boarding,
33 departure, or transfer location;
34 (10) Knowingly and without legal justification and
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1 by any means causes bodily harm to an individual of 60
2 years of age or older;
3 (11) Knows the individual harmed is pregnant;
4 (12) Knows the individual harmed to be a judge whom
5 the person intended to harm as a result of the judge's
6 performance of his or her official duties as a judge;
7 (13) Knows the individual harmed to be an employee
8 of the Illinois Department of Children and Family
9 Services engaged in the performance of his authorized
10 duties as such employee;
11 (14) Knows the individual harmed to be a person who
12 is physically handicapped; or
13 (15) Knowingly and without legal justification and
14 by any means causes bodily harm to a merchant who detains
15 the person for an alleged commission of retail theft
16 under Section 16A-5 of this Code. In this item (15),
17 "merchant" has the meaning ascribed to it in Section
18 16A-2.4 of this Code.
19 For the purpose of paragraph (14) of subsection (b) of
20 this Section, a physically handicapped person is a person who
21 suffers from a permanent and disabling physical
22 characteristic, resulting from disease, injury, functional
23 disorder or congenital condition.
24 (c) A person who administers to an individual or causes
25 him to take, without his consent or by threat or deception,
26 and for other than medical purposes, any intoxicating,
27 poisonous, stupefying, narcotic, anesthetic, or controlled
28 substance commits aggravated battery.
29 (d) A person who knowingly gives to another person any
30 food that contains any substance or object that is intended
31 to cause physical injury if eaten, commits aggravated
32 battery.
33 (d-5) A person who knowingly and without lawful
34 justification fires or discharges a laser gunsight or other
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1 laser device that is affixed to a firearm, or used in concert
2 with a firearm, at, upon, or against the person of another so
3 that the laser beam strikes the person, or into a moving
4 motor vehicle occupied by another so that the laser strikes
5 inside the vehicle, commits aggravated battery.
6 (e) Sentence.
7 Aggravated battery is a Class 3 felony.
8 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
9 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
10 (720 ILCS 5/Art. 24 heading)
11 ARTICLE 24. DEADLY AND DANGEROUS WEAPONS
12 (720 ILCS 5/24-1.6 new)
13 Sec. 24-1.6. Unlawful sale to or possession of a laser
14 device by a minor.
15 (a) It is unlawful for any person to sell or give a
16 laser device to anyone he or she knows or reasonably should
17 know to be under the age 18.
18 It is an affirmative defense to the offense of unlawful
19 gift (but not sale) of a laser device to a minor that the
20 defendant was related to the minor by the whole or half blood
21 and the laser devise was not used outside the minor's own
22 home.
23 (b) It is unlawful for any person under the age of 18 to
24 carry or possess any laser device, except in his or her own
25 home.
26 (c) Penalty.
27 (1) Unlawful sale or gift of a laser device to a
28 person under 18 years of age is a Class A misdemeanor for
29 which a fine of at least $500 shall be imposed.
30 (2) A person under the age of 18 who possesses or
31 carries a laser device outside the person's own home is
32 guilty of a Class C misdemeanor, but prosecution for
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1 possession of a laser device by juvenile under the age of
2 17 shall be initiated under the provisions of the
3 Juvenile Court Act of 1987 relating to delinquent minors.
4