104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2830

 

Introduced 2/6/2025, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 46/25
225 ILCS 46/27
225 ILCS 46/28
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.


LRB104 08929 AAS 18984 b

 

 

A BILL FOR

 

HB2830LRB104 08929 AAS 18984 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Sections 25, 27, and 28 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Hiring of people with criminal records by health
8care employers and long-term care facilities.
9    (a) A health care employer or long-term care facility may
10hire, employ, or retain any individual in a position involving
11direct care for clients, patients, or residents or access to
12the living quarters or the financial, medical, or personal
13records of clients, patients, or residents who has been
14convicted of committing or attempting to commit one or more of
15the following offenses, or any individual who fails to report
16to the Department any such individual who committed a
17violation described in this subsection, under the laws of this
18State, or of an offense that is substantially equivalent to
19the following offenses under the laws of any other state or of
20the laws of the United States, as verified by court records,
21records from a state agency, or a Federal Bureau of
22Investigation criminal history records check, only with a
23waiver described in Section 40: those defined in Sections

 

 

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18-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1,
29-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5,
310-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
411-9.1, 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1,
511-20.1B, 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2,
612-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
712-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
812-19, 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5,
912C-10, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2,
1018-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
1124-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
12(a)(4) of Section 11-14.4, or in subsection (a) of Section
1312-3 or subsection (a) or (b) of Section 12-4.4a, of the
14Criminal Code of 1961 or the Criminal Code of 2012; those
15provided in Section 4 of the Wrongs to Children Act; those
16provided in Section 53 of the Criminal Jurisprudence Act;
17those defined in subsection (c), (d), (e), (f), or (g) of
18Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
19Act; those defined in the Methamphetamine Control and
20Community Protection Act; those defined in Sections 401,
21401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
22Controlled Substances Act; or those defined in subsection (a)
23of Section 3.01, Section 3.02, or Section 3.03 of the Humane
24Care for Animals Act.
25    (a-1) A health care employer or long-term care facility
26may hire, employ, or retain any individual in a position

 

 

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1involving direct care for clients, patients, or residents or
2access to the living quarters or the financial, medical, or
3personal records of clients, patients, or residents who has
4been convicted of committing or attempting to commit one or
5more of the following offenses, or any individual who fails to
6report to the Department any such individual who committed a
7violation described in this subsection, under the laws of this
8State, or of an offense that is substantially equivalent to
9the following offenses under the laws of any other state or of
10the laws of the United States, as verified by court records,
11records from a state agency, or a Federal Bureau of
12Investigation criminal history records check, only with a
13waiver described in Section 40: those offenses defined in
14Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
1517-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
1624-3.2, or 24-3.3, or subsection (b) of Section 17-32,
17subsection (b) of Section 18-1, or subsection (b) of Section
1820-1, of the Criminal Code of 1961 or the Criminal Code of
192012; those offenses defined in Section 4, 5, 6, 8, or 17.02 of
20the Illinois Credit Card and Debit Card Act; those offenses
21defined in or Section 11-9.1A of the Criminal Code of 1961 or
22the Criminal Code of 2012 or Section 5.1 of the Wrongs to
23Children Act; or those offenses defined in (ii) violated
24Section 50-50 of the Nurse Practice Act.
25    A health care employer is not required to retain an
26individual in a position with duties involving direct care for

 

 

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1clients, patients, or residents, and no long-term care
2facility is required to retain an individual in a position
3with duties that involve or may involve contact with residents
4or access to the living quarters or the financial, medical, or
5personal records of residents, who has been convicted of
6committing or attempting to commit one or more of the offenses
7enumerated in this subsection.
8    (b) A health care employer shall not hire, employ, or
9retain, whether paid or on a volunteer basis, any individual
10in a position with duties involving direct care of clients,
11patients, or residents, and no long-term care facility shall
12knowingly hire, employ, or retain, whether paid or on a
13volunteer basis, any individual in a position with duties that
14involve or may involve contact with residents or access to the
15living quarters or the financial, medical, or personal records
16of residents, if the health care employer becomes aware that
17the individual: (i) has been convicted in another state of
18committing or attempting to commit an offense that has the
19same or similar elements as an offense listed in subsection
20(a) or (a-1), as verified by court records, records from a
21state agency, or an FBI criminal history record check; or (ii)
22has failed to report to the Department any such individual who
23committed in another state an offense listed in subsection (a)
24or (a-1), unless the applicant or employee obtains a waiver
25pursuant to Section 40 of this Act. This shall not be construed
26to mean that a health care employer has an obligation to

 

 

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1conduct a criminal history records check in other states in
2which an employee has resided.
3    (c) A health care employer shall not hire, employ, or
4retain, whether paid or on a volunteer basis, any individual
5in a position with duties involving direct care of clients,
6patients, or residents, who has a finding by the Department of
7abuse, neglect, misappropriation of property, or theft denoted
8on the Health Care Worker Registry, or a finding by the
9Department denoted on the Health Care Worker Registry of
10failure to report neglect, misappropriation of property, or
11theft to the Department.
12    (d) A health care employer shall not hire, employ, or
13retain, whether paid or on a volunteer basis, any individual
14in a position with duties involving direct care of clients,
15patients, or residents if the individual has a verified and
16substantiated finding of abuse, neglect, or financial
17exploitation, as identified within the Adult Protective
18Service Registry established under Section 7.5 of the Adult
19Protective Services Act, or any individual who fails to report
20to the Department any such individual who committed abuse,
21neglect, or financial exploitation.
22    (e) A health care employer shall not hire, employ, or
23retain, whether paid or on a volunteer basis, any individual
24in a position with duties involving direct care of clients,
25patients, or residents who has a finding by the Department of
26Human Services denoted on the Health Care Worker Registry of

 

 

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1physical or sexual abuse, financial exploitation, egregious
2neglect, or material obstruction of an investigation, or any
3individual who fails to report to the Department any such
4individual who committed the physical or sexual abuse,
5financial exploitation, or egregious neglect.
6    (f) Reports of violations required under this Section
7shall be made no later than 5 days after the incident
8constituting the violation.
9(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;
10103-605, eff. 7-1-24.)
 
11    (225 ILCS 46/27)
12    Sec. 27. Notice and hearing prior to designation on Health
13Care Worker Registry for offense.
14    (a) If the Department finds that an employee or former
15employee has abused or neglected a resident or misappropriated
16property of a resident, then the Department shall notify the
17employee or individual of this finding by certified mail sent
18to the address contained in the Health Care Worker Registry.
19The notice shall give the employee or individual an
20opportunity to contest the finding in a hearing before the
21Department or to submit a written response to the findings in
22lieu of requesting a hearing. As used in this subsection,
23"abuse" and "neglect" shall have the meanings provided in the
24Nursing Home Care Act, except that: (1) the term "resident" as
25used in those definitions shall have the meaning provided in

 

 

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1this Act; and (2) "abuse" and "neglect" shall include the
2failure to report any abuse, neglect, or misappropriation of a
3resident's property to the Department. As used in this
4subsection, "misappropriate property of a resident" shall have
5the meaning provided to "misappropriation of a resident's
6property" in the Nursing Home Care Act, except that the term
7"resident" as used in that definition shall have the meaning
8provided in this Act.
9    (b) The Department shall have the authority to hold
10hearings to be conducted by the Director, or by an individual
11designated by the Director as hearing officer to conduct the
12hearing. On the basis of a hearing, or upon default of the
13employee, the Director shall make a determination specifying
14his or her findings and conclusions. A copy of the
15determination shall be sent by certified mail, return receipt
16requested, or served personally upon the employee to the
17address last provided by the employee to the Department.
18    (c) The procedure governing hearings authorized by this
19Section shall be in accordance with rules adopted by the
20Department. A full and complete record shall be kept of all
21proceedings, including the notice of hearing, and all other
22documents in the nature of pleadings, written motions filed in
23the proceedings, and the report and orders of the Director or
24the Director's designee. All testimony shall be reported but
25need not be transcribed unless the decision is sought to be
26reviewed under the Administrative Review Law. A copy or copies

 

 

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1of the transcript and record of the proceedings may be
2obtained by any interested party subsequent to payment to the
3Department of the cost of preparing the copy or copies. All
4final administrative decisions of the Department under this
5Act are subject to judicial review under the Administrative
6Review Law and the rules adopted pursuant thereto. For
7purposes of this subsection, "administrative decision" has the
8meaning provided in Section 3-101 of the Code of Civil
9Procedure.
10    (d) The Department may issue subpoenas requiring the
11attendance and the giving of testimony by witnesses, and
12subpoenas duces tecum requiring the production of books,
13papers, records, or memoranda. All subpoenas and subpoenas
14duces tecum issued under this Act may be served by mail or by
15any person of legal age. The fees of witnesses for attendance
16and travel shall be the same as the fees of witnesses before
17the courts of this State. The fees shall be paid when the
18witness is excused from further attendance. When the witness
19is subpoenaed at the instance of the Department, the fees
20shall be paid in the same manner as other expenses of the
21Department, and when the witness is subpoenaed at the instance
22of any other party to any such proceeding, the Department may
23require that the cost of service of the subpoena or subpoena
24duces tecum and the fee of the witness be borne by the party at
25whose instance the witness is summoned. A subpoena or subpoena
26duces tecum issued pursuant to this Section shall be served in

 

 

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1the same manner as a subpoena issued by a circuit court.
2    (e) If, after a hearing or if the employee, or former
3employee, does not request a hearing, the Department finds
4that the employee, or former employee, abused a resident,
5neglected a resident, or misappropriated resident property, or
6failed to report any abuse, neglect, or misappropriation to
7the Department or makes any other applicable finding as set
8forth by rule, the finding shall be included as part of the
9Health Care Worker Registry as well as a clear and accurate
10summary from the employee, if he or she chooses to make a
11statement.
12    (f) The Department shall make the following information in
13the Health Care Worker Registry available to the public: an
14individual's full name; the date an individual successfully
15completed a nurse aide training or competency evaluation; and
16whether the Department has made a finding that an employee, or
17former employee, has been guilty of abuse or neglect of a
18resident or misappropriation of resident property or failure
19to report any abuse, neglect, or misappropriation of resident
20property to the Department or has made any other applicable
21finding as set forth by rule. In the case of inquiries to the
22Health Care Worker Registry concerning an employee, or former
23employee, listed in the Health Care Worker Registry, any
24information disclosed concerning a finding shall also include
25disclosure of the employee's, or former employee's, statement
26in the Health Care Worker Registry relating to the finding or a

 

 

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1clear and accurate summary of the statement.
2    (g) The Department shall add to the Health Care Worker
3Registry records of findings as reported by the Inspector
4General or remove from the Health Care Worker Registry records
5of findings as reported by the Department of Human Services,
6under subsection (s) of Section 1-17 of the Department of
7Human Services Act.
8    (h) Reports of violations required under this Section
9shall be made no later than 5 days after the incident
10constituting the violation.
11(Source: P.A. 100-432, eff. 8-25-17.)
 
12    (225 ILCS 46/28)
13    Sec. 28. Designation on Registry for offense.
14    (a) The Department, after notice to the employee, or
15former employee, may denote on the Health Care Worker Registry
16that the Department has found any of the following:
17        (1) The employee, or former employee, has abused a
18    resident.
19        (2) The employee, or former employee, has neglected a
20    resident.
21        (3) The employee, or former employee, has
22    misappropriated resident property.
23        (3.5) The employee, or former employee, failed to
24    report abuse of a resident, neglect of a resident, or
25    misappropriation of resident property by another employee

 

 

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1    or former employee to the Department.
2        (4) The employee, or former employee, has been
3    convicted of (i) a felony; (ii) a misdemeanor, an
4    essential element of which is dishonesty; or (iii) any
5    crime that is directly related to the duties of an
6    employee, a nursing assistant, habilitation aide, or child
7    care aide.
8    (b) Notice under this Section shall include a clear and
9concise statement of the grounds denoting abuse, neglect,
10theft, or other applicable finding, and notice of the
11opportunity for a hearing to contest the designation.
12    (c) The Department shall document criminal history records
13check results pursuant to the requirements of this Act.
14    (d) After the designation of neglect on the Health Care
15Worker Registry, made pursuant to this Section, an employee,
16or former employee, may petition the Department for removal of
17a designation of neglect on the Health Care Worker Registry,
18after durations set forth within the Department's notice made
19pursuant to subsections (a) and (b) of this Section. Upon
20receipt of a petition, the Department may remove the
21designation for a finding of neglect after no less than one
22year, or the designation of applicable findings set forth by
23rule of an employee, or former employee, for minimum durations
24set forth by the Department, on the Health Care Worker
25Registry unless the Department determines that removal of
26designation is not in the public interest. The Department

 

 

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1shall set forth by rule the discretionary factors by which
2designations of employees or former employees may be removed.
3    (e) Reports of violations required under this Section
4shall be made no later than 5 days after the incident
5constituting the violation.
6(Source: P.A. 100-432, eff. 8-25-17.)
 
7    Section 10. The Criminal Code of 2012 is amended by
8changing Section 12-3.05 as follows:
 
9    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
10    Sec. 12-3.05. Aggravated battery.
11    (a) Offense based on injury. A person commits aggravated
12battery when, in committing a battery, other than by the
13discharge of a firearm, he or she knowingly does any of the
14following:
15        (1) Causes great bodily harm or permanent disability
16    or disfigurement.
17        (2) Causes severe and permanent disability, great
18    bodily harm, or disfigurement by means of a caustic or
19    flammable substance, a poisonous gas, a deadly biological
20    or chemical contaminant or agent, a radioactive substance,
21    or a bomb or explosive compound.
22        (3) Causes great bodily harm or permanent disability
23    or disfigurement to an individual whom the person knows to
24    be a peace officer, community policing volunteer, fireman,

 

 

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1    private security officer, correctional institution
2    employee, or Department of Human Services employee
3    supervising or controlling sexually dangerous persons or
4    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        (4) Causes great bodily harm or permanent disability
11    or disfigurement to an individual 60 years of age or
12    older.
13        (5) Strangles another individual.
14    (b) Offense based on injury to a child or person with an
15intellectual disability. A person who is at least 18 years of
16age commits aggravated battery when, in committing a battery,
17he or she knowingly and without legal justification by any
18means:
19        (1) causes great bodily harm or permanent disability
20    or disfigurement to any child under the age of 13 years, or
21    to any person with a severe or profound intellectual
22    disability; or
23        (2) causes bodily harm or disability or disfigurement
24    to any child under the age of 13 years or to any person
25    with a severe or profound intellectual disability.
26    (c) Offense based on location of conduct. A person commits

 

 

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1aggravated battery when, in committing a battery, other than
2by the discharge of a firearm, he or she is or the person
3battered is on or about a public way, public property, a public
4place of accommodation or amusement, a sports venue, or a
5domestic violence shelter, or in a church, synagogue, mosque,
6or other building, structure, or place used for religious
7worship.
8    (d) Offense based on status of victim. A person commits
9aggravated battery when, in committing a battery, other than
10by discharge of a firearm, he or she knows the individual
11battered to be any of the following:
12        (1) A person 60 years of age or older.
13        (2) A person who is pregnant or has a physical
14    disability.
15        (3) A teacher or school employee upon school grounds
16    or grounds adjacent to a school or in any part of a
17    building used for school purposes.
18        (4) A peace officer, community policing volunteer,
19    fireman, private security officer, correctional
20    institution employee, or Department of Human Services
21    employee supervising or controlling sexually dangerous
22    persons or sexually violent persons:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

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1        or her official duties.
2        (5) A judge, emergency management worker, emergency
3    medical services personnel, or utility worker:
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        (6) An officer or employee of the State of Illinois, a
10    unit of local government, or a school district, while
11    performing his or her official duties.
12        (7) A transit employee performing his or her official
13    duties, or a transit passenger.
14        (8) A taxi driver on duty.
15        (9) A merchant who detains the person for an alleged
16    commission of retail theft under Section 16-26 of this
17    Code and the person without legal justification by any
18    means causes bodily harm to the merchant.
19        (10) A person authorized to serve process under
20    Section 2-202 of the Code of Civil Procedure or a special
21    process server appointed by the circuit court while that
22    individual is in the performance of his or her duties as a
23    process server.
24        (11) A nurse while in the performance of his or her
25    duties as a nurse.
26        (12) A merchant: (i) while performing his or her

 

 

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1    duties, including, but not limited to, relaying directions
2    for healthcare or safety from his or her supervisor or
3    employer or relaying health or safety guidelines,
4    recommendations, regulations, or rules from a federal,
5    State, or local public health agency; and (ii) during a
6    disaster declared by the Governor, or a state of emergency
7    declared by the mayor of the municipality in which the
8    merchant is located, due to a public health emergency and
9    for a period of 6 months after such declaration.
10        (13) A patient at an Illinois Department of Human
11    Services facility who is battered by an employee of the
12    Illinois Department of Human Services.
13        (14) A recipient at a community-integrated living
14    arrangement, as defined in the Community-Integrated Living
15    Arrangements Licensure and Certification Act, who is
16    battered by an employee of the community-integrated living
17    arrangement.
18    (e) Offense based on use of a firearm. A person commits
19aggravated battery when, in committing a battery, he or she
20knowingly does any of the following:
21        (1) Discharges a firearm, other than a machine gun or
22    a firearm equipped with a silencer, and causes any injury
23    to another person.
24        (2) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to a person he or she knows to be a peace officer,

 

 

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1    community policing volunteer, person summoned by a police
2    officer, fireman, private security officer, correctional
3    institution employee, or emergency management worker:
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        (3) Discharges a firearm, other than a machine gun or
10    a firearm equipped with a silencer, and causes any injury
11    to a person he or she knows to be emergency medical
12    services personnel:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (4) Discharges a firearm and causes any injury to a
19    person he or she knows to be a teacher, a student in a
20    school, or a school employee, and the teacher, student, or
21    employee is upon school grounds or grounds adjacent to a
22    school or in any part of a building used for school
23    purposes.
24        (5) Discharges a machine gun or a firearm equipped
25    with a silencer, and causes any injury to another person.
26        (6) Discharges a machine gun or a firearm equipped

 

 

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1    with a silencer, and causes any injury to a person he or
2    she knows to be a peace officer, community policing
3    volunteer, person summoned by a police officer, fireman,
4    private security officer, correctional institution
5    employee or emergency management worker:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (7) Discharges a machine gun or a firearm equipped
12    with a silencer, and causes any injury to a person he or
13    she knows to be emergency medical services personnel:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (8) Discharges a machine gun or a firearm equipped
20    with a silencer, and causes any injury to a person he or
21    she knows to be a teacher, or a student in a school, or a
22    school employee, and the teacher, student, or employee is
23    upon school grounds or grounds adjacent to a school or in
24    any part of a building used for school purposes.
25    (f) Offense based on use of a weapon or device. A person
26commits aggravated battery when, in committing a battery, he

 

 

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1or she does any of the following:
2        (1) Uses a deadly weapon other than by discharge of a
3    firearm, or uses an air rifle as defined in Section
4    24.8-0.1 of this Code.
5        (2) Wears a hood, robe, or mask to conceal his or her
6    identity.
7        (3) Knowingly and without lawful justification shines
8    or flashes a laser gunsight or other laser device attached
9    to a firearm, or used in concert with a firearm, so that
10    the laser beam strikes upon or against the person of
11    another.
12        (4) Knowingly video or audio records the offense with
13    the intent to disseminate the recording.
14    (g) Offense based on certain conduct. A person commits
15aggravated battery when, other than by discharge of a firearm,
16he or she does any of the following:
17        (1) Violates Section 401 of the Illinois Controlled
18    Substances Act by unlawfully delivering a controlled
19    substance to another and any user experiences great bodily
20    harm or permanent disability as a result of the injection,
21    inhalation, or ingestion of any amount of the controlled
22    substance.
23        (2) Knowingly administers to an individual or causes
24    him or her to take, without his or her consent or by threat
25    or deception, and for other than medical purposes, any
26    intoxicating, poisonous, stupefying, narcotic,

 

 

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1    anesthetic, or controlled substance, or gives to another
2    person any food containing any substance or object
3    intended to cause physical injury if eaten.
4        (3) Knowingly causes or attempts to cause a
5    correctional institution employee or Department of Human
6    Services employee to come into contact with blood, seminal
7    fluid, urine, or feces by throwing, tossing, or expelling
8    the fluid or material, and the person is an inmate of a
9    penal institution or is a sexually dangerous person or
10    sexually violent person in the custody of the Department
11    of Human Services.
12    (h) Sentence. Unless otherwise provided, aggravated
13battery is a Class 3 felony.
14    Aggravated battery as defined in subdivision (a)(4),
15(d)(4), (d)(13), (d)(14), or (g)(3) is a Class 2 felony.
16    Aggravated battery as defined in subdivision (a)(3) or
17(g)(1) is a Class 1 felony.
18    Aggravated battery as defined in subdivision (a)(1) is a
19Class 1 felony when the aggravated battery was intentional and
20involved the infliction of torture, as defined in paragraph
21(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
22of Corrections, as the infliction of or subjection to extreme
23physical pain, motivated by an intent to increase or prolong
24the pain, suffering, or agony of the victim.
25    Aggravated battery as defined in subdivision (a)(1) is a
26Class 2 felony when the person causes great bodily harm or

 

 

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1permanent disability to an individual whom the person knows to
2be a member of a congregation engaged in prayer or other
3religious activities at a church, synagogue, mosque, or other
4building, structure, or place used for religious worship.
5    Aggravated battery under subdivision (a)(5) is a Class 1
6felony if:
7        (A) the person used or attempted to use a dangerous
8    instrument while committing the offense;
9        (B) the person caused great bodily harm or permanent
10    disability or disfigurement to the other person while
11    committing the offense; or
12        (C) the person has been previously convicted of a
13    violation of subdivision (a)(5) under the laws of this
14    State or laws similar to subdivision (a)(5) of any other
15    state.
16    Aggravated battery as defined in subdivision (e)(1) is a
17Class X felony.
18    Aggravated battery as defined in subdivision (a)(2) is a
19Class X felony for which a person shall be sentenced to a term
20of imprisonment of a minimum of 6 years and a maximum of 45
21years.
22    Aggravated battery as defined in subdivision (e)(5) is a
23Class X felony for which a person shall be sentenced to a term
24of imprisonment of a minimum of 12 years and a maximum of 45
25years.
26    Aggravated battery as defined in subdivision (e)(2),

 

 

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1(e)(3), or (e)(4) is a Class X felony for which a person shall
2be sentenced to a term of imprisonment of a minimum of 15 years
3and a maximum of 60 years.
4    Aggravated battery as defined in subdivision (e)(6),
5(e)(7), or (e)(8) is a Class X felony for which a person shall
6be sentenced to a term of imprisonment of a minimum of 20 years
7and a maximum of 60 years.
8    Aggravated battery as defined in subdivision (b)(1) is a
9Class X felony, except that:
10        (1) if the person committed the offense while armed
11    with a firearm, 15 years shall be added to the term of
12    imprisonment imposed by the court;
13        (2) if, during the commission of the offense, the
14    person personally discharged a firearm, 20 years shall be
15    added to the term of imprisonment imposed by the court;
16        (3) if, during the commission of the offense, the
17    person personally discharged a firearm that proximately
18    caused great bodily harm, permanent disability, permanent
19    disfigurement, or death to another person, 25 years or up
20    to a term of natural life shall be added to the term of
21    imprisonment imposed by the court.
22    (i) Definitions. In this Section:
23    "Building or other structure used to provide shelter" has
24the meaning ascribed to "shelter" in Section 1 of the Domestic
25Violence Shelters Act.
26    "Domestic violence" has the meaning ascribed to it in

 

 

HB2830- 23 -LRB104 08929 AAS 18984 b

1Section 103 of the Illinois Domestic Violence Act of 1986.
2    "Domestic violence shelter" means any building or other
3structure used to provide shelter or other services to victims
4or to the dependent children of victims of domestic violence
5pursuant to the Illinois Domestic Violence Act of 1986 or the
6Domestic Violence Shelters Act, or any place within 500 feet
7of such a building or other structure in the case of a person
8who is going to or from such a building or other structure.
9    "Firearm" has the meaning provided under Section 1.1 of
10the Firearm Owners Identification Card Act, and does not
11include an air rifle as defined by Section 24.8-0.1 of this
12Code.
13    "Machine gun" has the meaning ascribed to it in Section
1424-1 of this Code.
15    "Merchant" has the meaning ascribed to it in Section
1616-0.1 of this Code.
17    "Strangle" means intentionally impeding the normal
18breathing or circulation of the blood of an individual by
19applying pressure on the throat or neck of that individual or
20by blocking the nose or mouth of that individual.
21(Source: P.A. 103-51, eff. 1-1-24.)