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Public Act 094-0363
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| HB0864 Enrolled |
LRB094 07653 RLC 37826 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 12-4 as follows:
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(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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Sec. 12-4. Aggravated Battery.
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(a) A person who, in committing a battery, intentionally or |
knowingly
causes great bodily harm, or permanent disability or |
disfigurement commits
aggravated battery.
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(b) In committing a battery, a person commits aggravated |
battery if he or
she:
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(1) Uses a deadly weapon other than by the discharge of |
a firearm;
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(2) Is hooded, robed or masked, in such manner as to |
conceal his
identity;
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(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;
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(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;
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(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
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successor to the Illinois Department of Public Aid under |
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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;
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(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;
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(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
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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;
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(8) Is, or the person battered is, on or about a public |
way, public
property or public place of accommodation or |
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amusement;
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(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
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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;
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(10) Knowingly and without legal justification and by |
any means
causes bodily harm to an individual of 60 years |
of age or older;
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(11) Knows the individual harmed is pregnant;
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(12) Knows the individual harmed to be a judge whom the
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person intended to harm as a result of the judge's |
performance of his or
her official duties as a judge;
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(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;
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(14) Knows the individual harmed to be a person who is |
physically
handicapped;
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(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;
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(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
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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 |
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building or other structure. "Domestic violence" has the
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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
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(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.
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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.
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(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.
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(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.
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(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.
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(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),
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"correctional employee" means a person who is employed by a |
penal institution.
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(e) Sentence.
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(1) Except as otherwise provided in paragraphs (2) and |
(3), aggravated
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 |
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
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including arrest or attempted arrest, or to prevent the
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officer, volunteer, employee, or fireman from performing
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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.
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(3) Aggravated battery that causes great bodily harm or |
permanent disability or disfigurement in
, except a
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violation of subsection (a)
is a Class 1
2 felony when the |
person 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
engaged in the |
execution of any of his or her official duties, or the
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