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Public Act 095-0292
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| HB0439 Enrolled |
LRB095 04098 RLC 24136 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 12-2 as follows:
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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Sec. 12-2. Aggravated assault.
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(a) A person commits an aggravated assault, when, in |
committing an
assault, he:
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(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
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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
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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;
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(2) Is hooded, robed or masked in such manner as to |
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conceal his
identity or any device manufactured and |
designed to be substantially
similar in appearance to a |
firearm;
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(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;
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(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;
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(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
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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
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being interviewed or investigated in the employees' |
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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 assaulted to be a peace |
officer, or a community
policing volunteer, or a fireman
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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
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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
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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;
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(7) Knows the individual assaulted to be
an emergency |
medical technician - ambulance, emergency medical
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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,
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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, |
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emergency medical technician - paramedic,
ambulance |
driver, or other medical assistance or first aid personnel
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performing his official duties;
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(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
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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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(9) Or the individual assaulted is on or about a public |
way, public
property, or public place of accommodation or |
amusement;
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(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;
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(10) Knows the individual assaulted to be an employee |
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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;
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(11) Knowingly and without legal justification, |
commits an assault on
a physically handicapped person;
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(12) Knowingly and without legal justification, |
commits an assault on a
person 60 years of age or older;
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(13) Discharges a firearm, other than from a motor |
vehicle;
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(13.5) Discharges a firearm from a motor vehicle;
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(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;
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(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
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assault is committed other than by the discharge of a |
firearm in the direction
of the employee or in the |
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direction of a vehicle occupied by the employee;
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(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
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(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 .
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(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 |
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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.
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(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.
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(b) Sentence.
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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
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Section and as defined in subsection (a-5) of this Section is a |
Class 4
felony. Aggravated assault as defined in paragraphs
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(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
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assault. Aggravated assault as defined in paragraph (13.5) of |
subsection (a) is a Class 3 felony.
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(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.)
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Section 99. Effective date. This Act takes effect upon |