Public Act 097-0313
 
SB2004 EnrolledLRB097 10196 RLC 50389 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
Sections 12-2 and 12-4 as follows:
 
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) A person commits an aggravated assault, when, in
committing an assault, he:
        (1) Uses a deadly weapon, an air rifle as defined in
    the Air Rifle Act, or any device manufactured and designed
    to be substantially similar in appearance to a firearm,
    other than by discharging a firearm in the direction of
    another person, a peace officer, a person summoned or
    directed by a peace officer, a correctional officer, a
    private security officer, or a fireman or in the direction
    of a vehicle occupied by another person, a peace officer, a
    person summoned or directed by a peace officer, a
    correctional officer, a private security officer, or a
    fireman while the officer or fireman is engaged in the
    execution of any of his official duties, or to prevent the
    officer or fireman from performing his official duties, or
    in retaliation for the officer or fireman performing his
    official duties;
        (2) Is hooded, robed or masked in such manner as to
    conceal his identity or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm;
        (3) Knows the individual assaulted 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) Knows the individual assaulted to be a supervisor,
    director, instructor or other person employed in any park
    district and such supervisor, director, instructor or
    other employee is upon the grounds of the park or grounds
    adjacent thereto, or is in any part of a building used for
    park purposes;
        (5) Knows the individual assaulted to be a caseworker,
    investigator, or other person employed by the Department of
    Healthcare and Family Services (formerly State Department
    of Public Aid), a County Department of Public Aid, or the
    Department of Human Services (acting as successor to the
    Illinois Department of Public Aid under the Department of
    Human Services Act) and such caseworker, investigator, or
    other person is upon the grounds of a public aid office or
    grounds adjacent thereto, or is in any part of a building
    used for public aid purposes, or upon the grounds of a home
    of a public aid applicant, recipient or any other person
    being interviewed or investigated in the employee's
    discharge of his duties, or on grounds adjacent thereto, or
    is in any part of a building in which the applicant,
    recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
    officer, a community policing volunteer, a private
    security officer, or a fireman while the officer or fireman
    is engaged in the execution of any of his official duties,
    or to prevent the officer, community policing volunteer, or
    fireman from performing his official duties, or in
    retaliation for the officer, community policing volunteer,
    or fireman performing his official duties, and the assault
    is committed other than by the discharge of a firearm in
    the direction of the officer or fireman or in the direction
    of a vehicle occupied by the officer or fireman;
        (7) Knows the individual assaulted to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver or other medical assistance or
    first aid personnel engaged in the execution of any of his
    official duties, or to prevent the emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel from performing his official duties, or in
    retaliation for the emergency medical technician -
    ambulance, emergency medical technician - intermediate,
    emergency medical technician - paramedic, ambulance
    driver, or other medical assistance or first aid personnel
    performing his official duties;
        (8) Knows the individual assaulted 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;
        (9) Or the individual assaulted is on or about a public
    way, public property, or public place of accommodation or
    amusement;
        (9.5) Is, or the individual assaulted is, in or about 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;
        (10) Knows the individual assaulted to be an employee
    of the State of Illinois, a municipal corporation therein
    or a political subdivision thereof, engaged in the
    performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
    commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
    commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm, other than from a motor
    vehicle;
        (13.5) Discharges a firearm from a motor vehicle;
        (14) Knows the individual assaulted to be a
    correctional officer, while the officer is engaged in the
    execution of any of his or her official duties, or to
    prevent the officer from performing his or her official
    duties, or in retaliation for the officer performing his or
    her official duties;
        (14.5) Knows the individual assaulted to be a probation
    officer, as defined in the Probation and Probation Officers
    Act, while the officer is engaged in the execution of any
    of his or her official duties, or to prevent the officer
    from performing his or her official duties, or in
    retaliation for the officer performing his or her official
    duties;
        (15) Knows the individual assaulted to be a
    correctional employee or an employee or officer of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    an employee of a subcontractor of the Department of Human
    Services supervising or controlling sexually dangerous
    persons or sexually violent persons, while the employee or
    officer is engaged in the execution of any of his or her
    official duties, or to prevent the employee or officer from
    performing his or her official duties, or in retaliation
    for the employee or officer performing his or her official
    duties, and the assault is committed other than by the
    discharge of a firearm in the direction of the employee or
    officer or in the direction of a vehicle occupied by the
    employee or officer;
        (16) Knows the individual assaulted to be an employee
    of a police or sheriff's department, or a person who is
    employed by a municipality and whose duties include traffic
    control, engaged in the performance of his or her official
    duties as such employee;
        (17) Knows the individual assaulted to be a sports
    official or coach at any level of competition and the act
    causing the assault to the sports official or coach
    occurred within an athletic facility or an indoor or
    outdoor playing field or within the immediate vicinity of
    the athletic facility or an indoor or outdoor playing field
    at which the sports official or coach was an active
    participant in the athletic contest held at the athletic
    facility. For the purposes of this paragraph (17), "sports
    official" means a person at an athletic contest who
    enforces the rules of the contest, such as an umpire or
    referee; and "coach" means a person recognized as a coach
    by the sanctioning authority that conducted the athletic
    contest;
        (18) Knows the individual assaulted to be an emergency
    management worker, while the emergency management worker
    is engaged in the execution of any of his or her official
    duties, or to prevent the emergency management worker from
    performing his or her official duties, or in retaliation
    for the emergency management worker performing his or her
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the
    emergency management worker or in the direction of a
    vehicle occupied by the emergency management worker; or
        (19) Knows the individual assaulted 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 (19), "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; or .
        (20) Knows the individual assaulted to be either:
            (A) a person authorized to serve process under
        Section 2-202 of the Code of Civil Procedure; or
            (B) a special process server appointed by the
        circuit court;
    while that individual is in the performance of his or her
    duties as a process server.
    (a-5) A person commits an aggravated assault 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 near or in the immediate vicinity
of any person.
    (a-10) A person commits an aggravated assault when he or
she knowingly and without justification operates a motor
vehicle in a manner which places a person in reasonable
apprehension of being struck by a moving vehicle.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), (14.5), and (15), and (20) of
subsection (a) of this Section and as defined in subsection
(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
assault as defined in paragraphs (6) and (16) of subsection (a)
of this Section is a Class A misdemeanor if a Category I,
Category II, or Category III weapon is not used in the
commission of the assault. Aggravated assault as defined in
paragraphs (6) and (16) of subsection (a) of this Section is a
Class 4 felony if a Category I, Category II, or Category III
weapon is used in the commission of the assault. Aggravated
assault as defined in paragraphs (7) and (18) of subsection (a)
of this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault. Aggravated assault as
defined in paragraphs (7) and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in
subsection (a-10) where the victim was a person defined in
paragraph (6) or paragraph (13.5) of subsection (a) is a Class
3 felony. For the purposes of this subsection (b), "Category I
weapon", "Category II weapon", and "Category III weapon" have
the meanings ascribed to those terms in subsection (c) of
Section 33A-1 of this Code.
    (c) For the purposes of paragraphs (1) and (6) of
subsection (a), "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.
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
revised 9-16-10.)
 
    (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; or .
        (23) Knows the individual harmed to be a either:
            (A) a person authorized to serve process under
        Section 2-202 of the Code of Civil Procedure; or
            (B) a special process server appointed by the
        circuit court;
    while that individual is in the performance of his or her
    duties as a process server.
    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) 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.
        (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.)

Effective Date: 1/1/2012