Public Act 095-0236
 		





HB0251 Enrolled
LRB095 02509 RLC 22511 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, 12-4, 12-4.2, and 12-4.2-5 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, 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 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, 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;


        (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; or .

        (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.

    (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), (16), 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 
(6), (7), (16), and (18) of subsection (a) of this
Section is a 
Class 4 felony if a firearm is used in the commission of the

assault.
    (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, and 
Locksmith Act of 2004.


(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, 
eff. 1-1-06; revised 12-15-05.)

 



    (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) (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); or

        (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)
(18) 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; or .
        (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.

    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, 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.

    (e) Sentence.

        (1) Except as otherwise provided in paragraphs (2) and 
    (3), 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.

(Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, 
eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; 
94-482, eff. 1-1-06; revised 8-19-05.)

 
    (720 ILCS 5/12-4.2)  (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2. Aggravated Battery with a firearm.


    (a) A person commits aggravated battery with a firearm when 
he, in
committing a battery, knowingly or intentionally by 
means of the discharging of
a firearm (1) causes any injury to 
another person, or (2) causes any
injury to a person he knows 
to be a peace officer, a private security officer, a community 
policing
volunteer, a correctional institution employee or a 
fireman while the
 officer, volunteer, employee or fireman is 
engaged in the execution of any
of his
official duties, or to 
prevent the officer, volunteer, employee or fireman
from

performing his official duties, or in retaliation for the 
officer,
volunteer, employee or fireman performing his 
official duties, or (3)
causes any
injury to a person he knows 
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, while the
emergency medical 
technician - ambulance, emergency medical technician -

intermediate, emergency medical technician - paramedic, 
ambulance driver, or
other medical assistance or first aid 
personnel is 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, (4) causes any injury 
to a person he or she knows to be a
teacher
or other person 
employed in a school and the teacher or other employee is upon

grounds of a school or grounds adjacent to a school, or is in 
any part of a
building used for school purposes, or (5) causes 
any injury to a person he or
she knows 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.


    (b) A violation of subsection (a)(1) of this Section is a 
Class X felony.
A violation of subsection (a)(2), subsection 
(a)(3),
subsection (a)(4), or subsection (a)(5) of this Section 
is a
Class X felony for which the sentence shall be a term of 
imprisonment of no
less than 15 years and no more than 60 
years.


    (c) For purposes of this Section:
, "firearm"
        "Firearm" is defined as in the Firearm Owners 
    Identification Card Act
"An Act
relating to the 
    acquisition, possession and transfer of firearms and

    firearm ammunition, to provide a penalty for the violation 
    thereof and to
make an appropriation in connection 
    therewith", approved August 1, 1967, as
amended.

        "Private security officer" means a registered  employee 
    of a private security contractor agency under the Private 
    Detective, Private Alarm, Private Security, and Locksmith 
    Act of 2004.


(Source: P.A. 94-243, eff. 1-1-06.)

 
    (720 ILCS 5/12-4.2-5)

    Sec. 12-4.2-5. Aggravated battery with a machine gun or a 
firearm equipped
with any device or attachment designed or used 
for silencing the report of a
firearm.    (a) A person commits 
aggravated battery with a
machine gun or a firearm equipped 
with a device designed or used for silencing
the report of a 
firearm
when he or she, in
committing a battery, knowingly or 
intentionally by means of the discharging of
a
machine gun or a 
firearm equipped with a device designed or used for silencing

the report of a firearm
(1) causes any injury to another 
person, or (2) causes any
injury to a person he or she knows to 
be a peace officer, a private security officer, a person 
summoned by
a
peace officer, a correctional institution 
employee or a fireman while the
 officer, employee or fireman is 
engaged in the execution of any of his
or her official duties, 
or to prevent the officer, employee or fireman from
performing 
his or her official duties, or in retaliation for the officer,

employee or fireman performing his or her official duties, or 
(3) causes
any
injury to a person he or she knows 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, while the
emergency medical technician - 
ambulance, emergency medical technician -
intermediate, 
emergency medical technician - paramedic, ambulance driver, or

other medical assistance or first aid personnel is engaged in 
the execution 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, or other medical 
assistance or first
aid personnel from performing his or her 
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 or her official
duties, or (4) causes 
any injury to a person he or she knows 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.


    (b) A violation of subsection (a) (1) of this Section is a 
Class X felony
for which the person shall be sentenced to a 
term of imprisonment of no less
than 12 years and no more than 
45 years.
A violation of subsection (a) (2), subsection (a) 
(3), or
subsection (a) (4) of this Section is a
Class X felony 
for which the sentence shall be a term of imprisonment of no

less than 20 years and no more than 60 years.


    (c) For purposes of this Section, "firearm" is defined as 
in the Firearm
Owners Identification Card Act.


    (d) For purposes of this Section:
, "machine

        "Machine gun" has the meaning ascribed to
it in clause 
    (i) of paragraph (7) of subsection (a) of Section 24-1 of 
    this
Code.
        "Private security officer" means a registered  employee 
    of a private security contractor agency under the Private 
    Detective, Private Alarm, Private Security, and Locksmith 
    Act of 2004.


(Source: P.A. 94-243, eff. 1-1-06.)