Public Act 094-0482
 		





HB1432 Enrolled
LRB094 05444 RLC 35489 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 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 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;


        (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;


        (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;



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

        (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.

    (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 (8) through
(12) and (17) 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 paragraphs

(6), (7), and (16) 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 (6), (7), 
and (16) 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. 92-841, eff. 8-22-02; 92-865, eff. 1-3-03; 
93-692, eff. 1-1-05.)

 



    (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;

        (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) 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.)