Sen. Chapin Rose
Filed: 4/24/2017
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1 | AMENDMENT TO SENATE BILL 997
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2 | AMENDMENT NO. ______. Amend Senate Bill 997 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 12-3.05 as follows:
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6 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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7 | Sec. 12-3.05. Aggravated battery.
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8 | (a) Offense based on injury. A person commits aggravated | ||||||
9 | battery when, in committing a battery, other than by the | ||||||
10 | discharge of a firearm, he or she knowingly does any of the | ||||||
11 | following: | ||||||
12 | (1) Causes great bodily harm or permanent disability or | ||||||
13 | disfigurement . | ||||||
14 | (1.5) Causes permanent disability or disfigurement, or | ||||||
15 | causes physical impairment or loss, which is of a permanent | ||||||
16 | nature, and which substantially limits physical ability or |
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1 | motor skills, including, but not limited to, loss or | ||||||
2 | reduction in sight, hearing, or the loss of function or | ||||||
3 | absence of a limb, limbs, appendage, or appendages. | ||||||
4 | (2) Causes severe and permanent disability, great | ||||||
5 | bodily harm, or disfigurement by means of a caustic or | ||||||
6 | flammable substance, a poisonous gas, a deadly biological | ||||||
7 | or chemical contaminant or agent, a radioactive substance, | ||||||
8 | or a bomb or explosive compound. | ||||||
9 | (3) Causes great bodily harm or permanent disability or | ||||||
10 | disfigurement to an individual whom the person knows to be | ||||||
11 | a peace officer, community policing volunteer, fireman, | ||||||
12 | private security officer, correctional institution | ||||||
13 | employee, or Department of Human Services employee | ||||||
14 | supervising or controlling sexually dangerous persons or | ||||||
15 | sexually violent persons: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (4) Causes great bodily harm or permanent disability or | ||||||
22 | disfigurement to an individual 60 years of age or older. | ||||||
23 | (5) Strangles another individual. | ||||||
24 | (b) Offense based on injury to a child or person with an | ||||||
25 | intellectual disability. A person who is at least 18 years of | ||||||
26 | age commits aggravated battery when, in committing a battery, |
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1 | he or she knowingly and without legal justification by any | ||||||
2 | means: | ||||||
3 | (1) causes great bodily harm or permanent disability or | ||||||
4 | disfigurement to any child under the age of 13 years, or to | ||||||
5 | any person with a severe or profound intellectual | ||||||
6 | disability; or | ||||||
7 | (2) causes bodily harm or disability or disfigurement | ||||||
8 | to any child under the age of 13 years or to any person | ||||||
9 | with a severe or profound intellectual disability. | ||||||
10 | (c) Offense based on location of conduct. A person commits | ||||||
11 | aggravated battery when, in committing a battery, other than by | ||||||
12 | the discharge of a firearm, he or she is or the person battered | ||||||
13 | is on or about a public way, public property, a public place of | ||||||
14 | accommodation or amusement, a sports venue, or a domestic | ||||||
15 | violence shelter. | ||||||
16 | (d) Offense based on status of victim. A person commits | ||||||
17 | aggravated battery when, in committing a battery, other than by | ||||||
18 | discharge of a firearm, he or she knows the individual battered | ||||||
19 | to be any of the following: | ||||||
20 | (1) A person 60 years of age or older. | ||||||
21 | (2) A person who is pregnant or has a physical | ||||||
22 | disability. | ||||||
23 | (3) A teacher or school employee upon school grounds or | ||||||
24 | grounds adjacent to a school or in any part of a building | ||||||
25 | used for school purposes. | ||||||
26 | (4) A peace officer, community policing volunteer, |
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1 | fireman, private security officer, correctional | ||||||
2 | institution employee, or Department of Human Services | ||||||
3 | employee supervising or controlling sexually dangerous | ||||||
4 | persons or sexually violent persons: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) battered to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) battered in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (5) A judge, emergency management worker, emergency | ||||||
11 | medical services personnel, or utility worker: | ||||||
12 | (i) performing his or her official duties; | ||||||
13 | (ii) battered to prevent performance of his or her | ||||||
14 | official duties; or | ||||||
15 | (iii) battered in retaliation for performing his | ||||||
16 | or her official duties. | ||||||
17 | (6) An officer or employee of the State of Illinois, a | ||||||
18 | unit of local government, or a school district, while | ||||||
19 | performing his or her official duties. | ||||||
20 | (7) A transit employee performing his or her official | ||||||
21 | duties, or a transit passenger. | ||||||
22 | (8) A taxi driver on duty. | ||||||
23 | (9) A merchant who detains the person for an alleged | ||||||
24 | commission of retail theft under Section 16-26 of this Code | ||||||
25 | and the person without legal justification by any means | ||||||
26 | causes bodily harm to the merchant. |
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1 | (10) A person authorized to serve process under Section | ||||||
2 | 2-202 of the Code of Civil Procedure or a special process | ||||||
3 | server appointed by the circuit court while that individual | ||||||
4 | is in the performance of his or her duties as a process | ||||||
5 | server. | ||||||
6 | (11) A nurse while in the performance of his or her | ||||||
7 | duties as a nurse. | ||||||
8 | (e) Offense based on use of a firearm. A person commits | ||||||
9 | aggravated battery when, in committing a battery, he or she | ||||||
10 | knowingly does any of the following: | ||||||
11 | (1) Discharges a firearm, other than a machine gun or a | ||||||
12 | firearm equipped with a silencer, and causes any injury to | ||||||
13 | another person. | ||||||
14 | (2) Discharges a firearm, other than a machine gun or a | ||||||
15 | firearm equipped with a silencer, and causes any injury to | ||||||
16 | a person he or she knows to be a peace officer, community | ||||||
17 | policing volunteer, person summoned by a police officer, | ||||||
18 | fireman, private security officer, correctional | ||||||
19 | institution employee, or emergency management worker: | ||||||
20 | (i) performing his or her official duties; | ||||||
21 | (ii) battered to prevent performance of his or her | ||||||
22 | official duties; or | ||||||
23 | (iii) battered in retaliation for performing his | ||||||
24 | or her official duties. | ||||||
25 | (3) Discharges a firearm, other than a machine gun or a | ||||||
26 | firearm equipped with a silencer, and causes any injury to |
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1 | a person he or she knows to be emergency medical services | ||||||
2 | personnel: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) battered to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) battered in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (4) Discharges a firearm and causes any injury to a | ||||||
9 | person he or she knows to be a teacher, a student in a | ||||||
10 | school, or a school employee, and the teacher, student, or | ||||||
11 | employee is upon school grounds or grounds adjacent to a | ||||||
12 | school or in any part of a building used for school | ||||||
13 | purposes. | ||||||
14 | (5) Discharges a machine gun or a firearm equipped with | ||||||
15 | a silencer, and causes any injury to another person. | ||||||
16 | (6) Discharges a machine gun or a firearm equipped with | ||||||
17 | a silencer, and causes any injury to a person he or she | ||||||
18 | knows to be a peace officer, community policing volunteer, | ||||||
19 | person summoned by a police officer, fireman, private | ||||||
20 | security officer, correctional institution employee or | ||||||
21 | emergency management worker: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) battered to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) battered in retaliation for performing his | ||||||
26 | or her official duties. |
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1 | (7) Discharges a machine gun or a firearm equipped with | ||||||
2 | a silencer, and causes any injury to a person he or she | ||||||
3 | knows to be emergency medical services personnel: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) battered to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) battered in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (8) Discharges a machine gun or a firearm equipped with | ||||||
10 | a silencer, and causes any injury to a person he or she | ||||||
11 | knows to be a teacher, or a student in a school, or a | ||||||
12 | school employee, and the teacher, student, or employee is | ||||||
13 | upon school grounds or grounds adjacent to a school or in | ||||||
14 | any part of a building used for school purposes. | ||||||
15 | (f) Offense based on use of a weapon or device. A person | ||||||
16 | commits aggravated battery when, in committing a battery, he or | ||||||
17 | she does any of the following: | ||||||
18 | (1) Uses a deadly weapon other than by discharge of a | ||||||
19 | firearm, or uses an air rifle as defined in Section | ||||||
20 | 24.8-0.1 of this Code. | ||||||
21 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
22 | identity. | ||||||
23 | (3) Knowingly and without lawful justification shines | ||||||
24 | or flashes a laser gunsight or other laser device attached | ||||||
25 | to a firearm, or used in concert with a firearm, so that | ||||||
26 | the laser beam strikes upon or against the person of |
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1 | another. | ||||||
2 | (4) Knowingly video or audio records the offense with | ||||||
3 | the intent to disseminate the recording. | ||||||
4 | (g) Offense based on certain conduct. A person commits | ||||||
5 | aggravated battery when, other than by discharge of a firearm, | ||||||
6 | he or she does any of the following: | ||||||
7 | (1) Violates Section 401 of the Illinois Controlled | ||||||
8 | Substances Act by unlawfully delivering a controlled | ||||||
9 | substance to another and any user experiences great bodily | ||||||
10 | harm or permanent disability as a result of the injection, | ||||||
11 | inhalation, or ingestion of any amount of the controlled | ||||||
12 | substance. | ||||||
13 | (2) Knowingly administers to an individual or causes | ||||||
14 | him or her to take, without his or her consent or by threat | ||||||
15 | or deception, and for other than medical purposes, any | ||||||
16 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
17 | or controlled substance, or gives to another person any | ||||||
18 | food containing any substance or object intended to cause | ||||||
19 | physical injury if eaten. | ||||||
20 | (3) Knowingly causes or attempts to cause a | ||||||
21 | correctional institution employee or Department of Human | ||||||
22 | Services employee to come into contact with blood, seminal | ||||||
23 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
24 | the fluid or material, and the person is an inmate of a | ||||||
25 | penal institution or is a sexually dangerous person or | ||||||
26 | sexually violent person in the custody of the Department of |
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1 | Human Services. | ||||||
2 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
3 | battery is a Class 3 felony. | ||||||
4 | Aggravated battery as defined in subdivision (a)(4), | ||||||
5 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
6 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
7 | (g)(1) is a Class 1 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(1.5) is a | ||||||
9 | Class 1 felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
11 | Class 1 felony when the aggravated battery was intentional and | ||||||
12 | involved the infliction of torture, as defined in paragraph | ||||||
13 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
14 | infliction of or subjection to extreme physical pain, motivated | ||||||
15 | by an intent to increase or prolong the pain, suffering, or | ||||||
16 | agony of the victim. | ||||||
17 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
18 | felony if: | ||||||
19 | (A) the person used or attempted to use a dangerous
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20 | instrument while committing the offense; or | ||||||
21 | (B) the person caused great bodily harm or
permanent | ||||||
22 | disability or disfigurement to the other
person while | ||||||
23 | committing the offense; or | ||||||
24 | (C) the person has been previously convicted of a
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25 | violation of subdivision (a)(5) under the laws of this
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26 | State or laws similar to subdivision (a)(5) of any other
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1 | state. | ||||||
2 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
3 | Class X felony. | ||||||
4 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
5 | Class X felony for which a person shall be sentenced to a term | ||||||
6 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
7 | years. | ||||||
8 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
9 | Class X felony for which a person shall be sentenced to a term | ||||||
10 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
11 | years. | ||||||
12 | Aggravated battery as defined in subdivision (e)(2), | ||||||
13 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
14 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
15 | and a maximum of 60 years. | ||||||
16 | Aggravated battery as defined in subdivision (e)(6), | ||||||
17 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
18 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
19 | and a maximum of 60 years. | ||||||
20 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
21 | Class X felony, except that: | ||||||
22 | (1) if the person committed the offense while armed | ||||||
23 | with a firearm, 15 years shall be added to the term of | ||||||
24 | imprisonment imposed by the court; | ||||||
25 | (2) if, during the commission of the offense, the | ||||||
26 | person personally discharged a firearm, 20 years shall be |
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1 | added to the term of imprisonment imposed by the court; | ||||||
2 | (3) if, during the commission of the offense, the | ||||||
3 | person personally discharged a firearm that proximately | ||||||
4 | caused great bodily harm, permanent disability, permanent | ||||||
5 | disfigurement, or death to another person, 25 years or up | ||||||
6 | to a term of natural life shall be added to the term of | ||||||
7 | imprisonment imposed by the court. | ||||||
8 | (i) Definitions. For the purposes of this Section: | ||||||
9 | "Building or other structure used to provide shelter" has | ||||||
10 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
11 | Violence Shelters Act. | ||||||
12 | "Domestic violence" has the meaning ascribed to it in | ||||||
13 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
14 | "Domestic violence shelter" means any building or other | ||||||
15 | structure used to provide shelter or other services to victims | ||||||
16 | or to the dependent children of victims of domestic violence | ||||||
17 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
18 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
19 | such a building or other structure in the case of a person who | ||||||
20 | is going to or from such a building or other structure. | ||||||
21 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
22 | Firearm Owners Identification Card Act, and does
not include an | ||||||
23 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
24 | "Machine gun" has the meaning ascribed to it in Section | ||||||
25 | 24-1 of this Code. | ||||||
26 | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
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1 | of this Code. | ||||||
2 | "Strangle" means
intentionally impeding the normal | ||||||
3 | breathing or circulation of the blood of an individual by | ||||||
4 | applying pressure on the throat
or neck of that individual or | ||||||
5 | by blocking the nose or mouth of
that individual.
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6 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
7 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)".
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