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92nd General Assembly

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Public Act 92-0841

SB2030 Enrolled                                LRB9216007RCpk

    AN ACT in relation to 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, 12-4, and 31-1 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 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 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  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
    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 employees' 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, or a community policing volunteer, 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   employed   by   a
    municipality  or  other  governmental unit 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;
         (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;
         (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; or
         (15)  Knows   the   individual  assaulted  to  be  a
    correctional employee or an employee of the Department of
    Human  Services  supervising  or   controlling   sexually
    dangerous  persons or sexually violent persons, while the
    employee is engaged in the execution of any of his or her
    official  duties,  or  to  prevent  the   employee   from
    performing  his or her official duties, or in retaliation
    for the employee 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  in  the
    direction of a vehicle occupied by the employee.
    (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.
    (b)  Sentence.
    Aggravated assault as defined in paragraphs  (1)  through
(5) and (7) through (12) of subsection (a) of this Section is
a  Class  A  misdemeanor.   Aggravated  assault as defined in
paragraphs (13), (14), and (15) of  subsection  (a)  of  this
Section and as defined in subsection (a-5) of this Section is
a Class 4 felony.  Aggravated assault as defined in paragraph
(6)   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 paragraph  (6)  of
subsection  (a)  of  this  Section  is  a Class 4 felony if a
firearm is used in the commission of the assault.
(Source: P.A. 90-406,  eff.  8-15-97;  90-651,  eff.  1-1-99;
91-672, eff. 1-1-00.)

    (720 ILCS 5/12-4) (from Ch. 38, par. 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;
         (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)  Knows the individual harmed 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 harmed to be a caseworker,
    investigator,  or  other  person  employed  by  the 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  harmed  to  be  a peace
    officer, a community policing volunteer,  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;
         (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 emergency room 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   emergency   room   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;
         (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)  Knowingly  and without legal justification and
    by any means causes bodily harm to 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)  Knows the individual harmed to be an  employee
    of   the  Illinois  Department  of  Children  and  Family
    Services engaged in the  performance  of  his  authorized
    duties as such employee;
         (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; or
         (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.
    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.
    (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.
    (e)  Sentence.
    Aggravated  battery  is  a  Class  3  felony,  except   a
violation  of  subsection  (a)  is  a Class 2 felony when the
person knows the individual harmed  to  be  a  peace  officer
engaged  in  the  execution  of  any  of  his or her official
duties, or  the  battery  is  to  prevent  the  officer  from
performing  his or her official duties, or in retaliation for
the officer performing his or her official duties.
(Source: P.A. 91-357,  eff.  7-29-99;  91-488,  eff.  1-1-00;
91-619,   eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,  eff.
6-28-01; 92-516, eff. 1-1-02.)

    (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
    Sec. 31-1.  Resisting or obstructing a peace  officer  or
correctional institution employee.
    (a)  A  person  who  knowingly  resists  or obstructs the
performance by one known to the person to be a peace  officer
or  correctional  institution  employee of any authorized act
within his official capacity commits a Class A misdemeanor.
    (a-5)  In addition to any  other  sentence  that  may  be
imposed,   a  court  shall  order  any  person  convicted  of
resisting or obstructing a peace officer to be sentenced to a
minimum of 48 consecutive hours of imprisonment or ordered to
perform community service for not less than 100 hours as  may
be  determined by the court. The person shall not be eligible
for probation in order to reduce the sentence of imprisonment
or community service.
    (a-7)  A person convicted for a violation of this Section
whose violation was the proximate cause of  an  injury  to  a
peace officer is guilty of a Class 4 felony.
    (b)  For   purposes   of   this   Section,  "correctional
institution employee" means any person employed to  supervise
and  control  inmates  incarcerated  in a penitentiary, State
farm, reformatory, prison, jail, house of correction,  police
detention area, half-way house, or other institution or place
for  the  incarceration  or custody of persons under sentence
for offenses or awaiting  trial  or  sentence  for  offenses,
under  arrest  for  an  offense,  a violation of probation, a
violation of parole, or a violation of  mandatory  supervised
release,  or  awaiting  a bail setting hearing or preliminary
hearing, or who are sexually dangerous  persons  or  who  are
sexually violent persons.
(Source: P.A. 87-1198.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 30, 2002.
    Approved August 22, 2002.
    Effective August 22, 2002.

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