Public Act 095-0748
 		





SB2365 Enrolled
LRB095 19653 RLC 45999 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) (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);

        (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; or
        (19) 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; or .
        (21)
(20) Knows the individual harmed to be a taxi 
    driver and the battery is committed while the taxi driver 
    is on duty; or .
        (22)
(20) Knows the individual harmed to be a utility 
    worker, while the utility worker is engaged in the 
    execution of  his or her duties, or to prevent the utility 
    worker from performing his or her duties,  or in retaliation 
    for the utility worker performing his or her duties.  In 
    this paragraph (22)
(20), "utility worker" means a person 
    employed by a public utility as defined in Section 3-105 of 
    the Public Utilities Act and also includes an employee of a 
    municipally owned utility, an employee of a cable 
    television company, an employee of an electric
cooperative 
    as defined in Section 3-119 of the Public Utilities
Act, an 
    independent contractor or an employee of an independent

    contractor working on behalf of a cable television company,  
    public utility, municipally
owned utility, or an electric 
    cooperative, or an employee of a
telecommunications 
    carrier as defined in Section 13-202 of the
Public 
    Utilities Act, an independent contractor or an employee of

    an independent contractor working on behalf of a
 
    telecommunications carrier, or an employee of a telephone 
    or
telecommunications cooperative as defined in Section 
    13-212 of
the Public Utilities Act, or an independent 
    contractor or an
employee of an independent contractor 
    working on behalf of a
telephone or telecommunications 
    cooperative.

    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, Fingerprint Vendor, 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), and (4) 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.

        (4)  Aggravated battery under subsection (d-5) is a 
    Class 2 felony. 
(Source: P.A. 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; 
95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; 
95-429, eff. 1-1-08; revised 10-30-07.)