Public Act 095-0768
 		





SB2159 Enrolled
LRB095 14234 RLC 45306 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 12-4.3 as follows:
 



    (720 ILCS 5/12-4.3)  (from Ch. 38, par. 12-4.3)


    Sec. 12-4.3. Aggravated battery of a child. 

    (a) Any person of the age
18 years and upwards who 
intentionally or knowingly, and without legal
justification 
and by any means, causes great bodily harm or permanent

disability or disfigurement to any child under the age of 13 
years or to
any severely or profoundly mentally retarded 
person,
commits
the offense of aggravated battery of a child.

    (a-5)  Any person of the age 18 years and upwards who 
intentionally or knowingly, and without legal justification 
and by any means, causes bodily harm or disability or 
disfigurement to any child under the age of 13 years or to any 
severely or profoundly mentally retarded person, commits the 
offense of aggravated battery of a child. 
    (b) Sentence.
    (1)  Aggravated battery of a child under subsection (a) of 
this Section is a Class X felony, except that:


        (A) (1) if the person committed the offense while armed 
    with a firearm, 15
years shall be added to the term of 
    imprisonment imposed by the court;


        (B) (2) if, during the commission of the offense, the 
    person personally
discharged a firearm, 20 years shall be 
    added to the term of imprisonment
imposed by the court;


        (C) (3) if, during the commission of the offense, the 
    person personally
discharged a firearm that proximately 
    caused great bodily harm, permanent
disability, permanent 
    disfigurement, or death to another person, 25 years or up

    to a term of natural life shall be added to the term of 
    imprisonment imposed by
the court.

    (2)  Aggravated battery of a child under subsection (a-5) of 
this Section is a Class 3 felony. 
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 
92-434, eff. 1-1-02.)


 

    Section 99. Effective date. This Act takes effect January 
1, 2009.