Public Act 099-0256
 
HB3184 EnrolledLRB099 06229 RLC 26294 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 2012 is amended  by changing 
Section 12-2 as follows:
 



    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


    Sec. 12-2. Aggravated assault. 

    (a) Offense based on location of conduct.  A person commits 
aggravated assault when he or she commits an assault against an 
individual who is on or about a public way, public property, a 
public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits 
aggravated assault when, in committing an assault, he or she 
knows the individual assaulted to be any of the following:
        (1) A physically handicapped person or a person 60 
    years of age or older and the assault is without legal 
    justification.
        (2) A teacher or school employee upon school grounds or 
    grounds adjacent to a school or in any part of a building 
    used for school purposes.
        (3) A park district employee upon park grounds or 
    grounds adjacent to a park or in any part of a building 
    used for park purposes.
        (4) A peace officer, community policing volunteer, 
    fireman, private security officer, emergency management 
    worker, emergency medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties.
        (4.1) A peace officer, fireman, emergency management 
    worker, or emergency medical technician:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties. 
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii)  assaulted in retaliation for performing his 
        or her official duties.
        (6) A correctional institution employee, a county 
    juvenile detention center employee who provides direct and 
    continuous supervision of residents of a juvenile 
    detention center, including a county juvenile detention 
    center employee who supervises recreational activity for 
    residents of a juvenile detention center, or a Department 
    of Human Services employee, Department of Human Services 
    officer, or employee of a subcontractor of the Department 
    of Human Services supervising or controlling sexually 
    dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties.
        (7) An employee of the State of Illinois, a municipal 
    corporation therein, or a political subdivision thereof, 
    performing his or her official  duties.
        (8) A transit employee performing his or her official 
    duties, or a transit passenger.
        (9) A sports official or coach actively participating 
    in any level of athletic competition within a sports venue, 
    on an indoor playing field or outdoor playing field, or 
    within the immediate vicinity of such a facility or field.
        (10) A person authorized to serve process under Section 
    2-202 of the Code of Civil Procedure or a special process 
    server appointed by the circuit court, while that 
    individual is in the performance of his or her duties as a 
    process server. 
    (c) Offense based on use of firearm, device, or motor 
vehicle. A person commits aggravated assault when, in 
committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in 
    Section 24.8-0.1 of this Act the Air Rifle Act, or any 
    device manufactured and designed to be substantially 
    similar in appearance to a firearm, other than by 
    discharging a firearm.
        (2) Discharges a firearm, other than from a motor 
    vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her 
    identity.
        (5) Knowingly and without lawful justification shines 
    or flashes a laser gun sight or other laser device attached 
    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.
        (6) Uses a firearm, other than by discharging the 
    firearm, against a peace officer, community policing 
    volunteer, fireman, private security officer, emergency 
    management worker, emergency medical technician, employee 
    of a police department, employee of a sheriff's department, 
    or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties. 
        (7) Without justification operates a motor vehicle in a 
    manner which places a person, other than a person listed in 
    subdivision (b)(4), in reasonable apprehension of being 
    struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in a 
    manner which places a person listed in subdivision (b)(4), 
    in reasonable apprehension of being struck by the moving 
    motor vehicle. 
        (9)  Knowingly video or audio records the offense with 
    the intent to disseminate the recording. 
    (d) Sentence. Aggravated assault as defined in subdivision 
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
aggravated assault as defined in subdivision (b)(4) and (b)(7) 
is a Class 4 felony if a Category I, Category II, or Category 
III weapon is used in the commission of the assault. Aggravated 
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), 
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
is a Class 3 felony.
    (e) For the purposes of this Section, "Category I weapon", 
"Category II weapon, and "Category III weapon" have the 
meanings ascribed to those terms in Section 33A-1 of this Code. 




















(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 
1-1-14; revised 12-10-14.)