Public Act 094-0327
 		





HB1106 Enrolled
LRB094 05976 RXD 36032 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)  (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 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;


        (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
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;


        (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; or


        (17) Knows the individual harmed to be an employee of a 
    police or
sheriff's department engaged in the performance 
    of his or her official duties
as such employee.

    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. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, 
eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)