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