Public Act 097-0467
 
HB0233 EnrolledLRB097 05943 RLC 46012 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 12-4 as follows:
 
    (720 ILCS 5/12-4)
    Sec. 12-4. Aggravated Battery.
    (a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated
battery if he or she:
        (1) Uses a deadly weapon other than by the discharge of
    a firearm, or uses an air rifle as defined in the Air Rifle
    Act;
        (2) Is hooded, robed or masked, in such manner as to
    conceal his identity;
        (3) Knows the individual harmed to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) (Blank);
        (5) (Blank);
        (6) Knows the individual harmed to be a community
    policing volunteer while such volunteer is engaged in the
    execution of any official duties, or to prevent the
    volunteer from performing official duties, or in
    retaliation for the volunteer performing official duties,
    and the battery is committed other than by the discharge of
    a firearm;
        (7) Knows the individual harmed to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, other medical assistance,
    first aid personnel, or hospital personnel engaged in the
    performance of any of his or her official duties, or to
    prevent the emergency medical technician - ambulance,
    emergency medical technician - intermediate, emergency
    medical technician - paramedic, ambulance driver, other
    medical assistance, first aid personnel, or hospital
    personnel from performing official duties, or in
    retaliation for performing official duties;
        (8) Is, or the person battered is, on or about a public
    way, public property or public place of accommodation or
    amusement;
        (8.5) Is, or the person battered is, on a publicly or
    privately owned sports or entertainment arena, stadium,
    community or convention hall, special event center,
    amusement facility, or a special event center in a public
    park during any 24-hour period when a professional sporting
    event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (9) Knows the individual harmed to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (10) Knows the individual harmed to be an individual of
    60 years of age or older;
        (11) Knows the individual harmed is pregnant;
        (12) Knows the individual harmed to be a judge whom the
    person intended to harm as a result of the judge's
    performance of his or her official duties as a judge;
        (13) (Blank);
        (14) Knows the individual harmed to be a person who is
    physically handicapped;
        (15) Knowingly and without legal justification and by
    any means causes bodily harm to a merchant who detains the
    person for an alleged commission of retail theft under
    Section 16A-5 of this Code. In this item (15), "merchant"
    has the meaning ascribed to it in Section 16A-2.4 of this
    Code;
        (16) Is, or the person battered is, in any building or
    other structure used to provide shelter or other services
    to victims or to the dependent children of victims of
    domestic violence pursuant to the Illinois Domestic
    Violence Act of 1986 or the Domestic Violence Shelters Act,
    or the person battered is within 500 feet of such a
    building or other structure while going to or from such a
    building or other structure. "Domestic violence" has the
    meaning ascribed to it in Section 103 of the Illinois
    Domestic Violence Act of 1986. "Building or other structure
    used to provide shelter" has the meaning ascribed to
    "shelter" in Section 1 of the Domestic Violence Shelters
    Act;
        (17) (Blank);
        (18) Knows the individual harmed to be an officer or
    employee of the State of Illinois, a unit of local
    government, or school district engaged in the performance
    of his or her authorized duties as such officer or
    employee;
        (19) Knows the individual harmed to be an emergency
    management worker engaged in the performance of any of his
    or her official duties, or to prevent the emergency
    management worker from performing official duties, or in
    retaliation for the emergency management worker performing
    official duties;
        (20) Knows the individual harmed to be a private
    security officer engaged in the performance of any of his
    or her official duties, or to prevent the private security
    officer from performing official duties, or in retaliation
    for the private security officer performing official
    duties; or
        (21) Knows the individual harmed to be a taxi driver
    and the battery is committed while the taxi driver is on
    duty; or
        (22) Knows the individual harmed to be a utility
    worker, while the utility worker is engaged in the
    execution of his or her duties, or to prevent the utility
    worker from performing his or her duties, or in retaliation
    for the utility worker performing his or her duties. In
    this paragraph (22), "utility worker" means a person
    employed by a public utility as defined in Section 3-105 of
    the Public Utilities Act and also includes an employee of a
    municipally owned utility, an employee of a cable
    television company, an employee of an electric cooperative
    as defined in Section 3-119 of the Public Utilities Act, an
    independent contractor or an employee of an independent
    contractor working on behalf of a cable television company,
    public utility, municipally owned utility, or an electric
    cooperative, or an employee of a telecommunications
    carrier as defined in Section 13-202 of the Public
    Utilities Act, an independent contractor or an employee of
    an independent contractor working on behalf of a
    telecommunications carrier, or an employee of a telephone
    or telecommunications cooperative as defined in Section
    13-212 of the Public Utilities Act, or an independent
    contractor or an employee of an independent contractor
    working on behalf of a telephone or telecommunications
    cooperative.
    For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
    For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
    (c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
    (d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
    (d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
    (d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
    (d-6) A person commits aggravated battery when he or she,
in committing a battery, strangles another individual. For the
purposes of this subsection (d-6), "strangle" means
intentionally impeding the normal breathing or circulation of
the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
    (e) Sentence.
        (1) Except as otherwise provided in paragraphs (2),
    (3), (4), and (5), and (5.5), aggravated battery is a Class
    3 felony.
        (2) Aggravated battery that does not cause great bodily
    harm or permanent disability or disfigurement is a Class 2
    felony when the person knows the individual harmed to be a
    peace officer, a community policing volunteer, a private
    security officer, a correctional institution employee, an
    employee of the Department of Human Services supervising or
    controlling sexually dangerous persons or sexually violent
    persons, or a fireman while such officer, volunteer,
    employee, or fireman is engaged in the execution of any
    official duties including arrest or attempted arrest, or to
    prevent the officer, volunteer, employee, or fireman from
    performing official duties, or in retaliation for the
    officer, volunteer, employee, or fireman performing
    official duties, and the battery is committed other than by
    the discharge of a firearm.
        (3) Aggravated battery that causes great bodily harm or
    permanent disability or disfigurement in violation of
    subsection (a) is a Class 1 felony when the person knows
    the individual harmed to be a peace officer, a community
    policing volunteer, a private security officer, a
    correctional institution employee, an employee of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    a fireman while such officer, volunteer, employee, or
    fireman is engaged in the execution of any official duties
    including arrest or attempted arrest, or to prevent the
    officer, volunteer, employee, or fireman from performing
    official duties, or in retaliation for the officer,
    volunteer, employee, or fireman performing official
    duties, and the battery is committed other than by the
    discharge of a firearm.
        (4) Aggravated battery under subsection (d-5) is a
    Class 2 felony.
        (5) Aggravated battery under subsection (d-6) is a
    Class 1 felony if:
            (A) the person used or attempted to use a dangerous
        instrument while committing the offense; or
            (B) the person caused great bodily harm or
        permanent disability or disfigurement to the other
        person while committing the offense; or
            (C) the person has been previously convicted of a
        violation of subsection (d-6) under the laws of this
        State or laws similar to subsection (d-6) of any other
        state.
        (5.5) Aggravated battery that causes great bodily harm
    or permanent disability or disfigurement in violation of
    subsection (a) is a Class 1 felony when the aggravated
    battery was intentional and involved the infliction of
    torture, as defined in paragraph (14) of subsection (b) of
    Section 9-1 of this Code, as the infliction of or
    subjection to extreme physical pain, motivated by an intent
    to increase or prolong the pain, suffering, or agony of the
    victim.
        (6) For purposes of this subsection (e), the term
    "firearm" shall have the meaning provided under Section 1.1
    of the Firearms Owners Identification Card Act, and shall
    not include an air rifle as defined by Section 1 of the Air
    Rifle Act.
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)