99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4252
 
Introduced , by Rep. Brian W. Stewart
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Criminal Code of 2012.  Provides that aggravated assault committed by using an air rifle, any device manufactured and designed to be substantially similar in appearance to a firearm, or a deadly weapon other than a firearm, is a Class 4 felony (rather than a Class A misdemeanor) when the victim is a peace officer.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4252LRB099 13010 RLC 36882 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 Criminal Code of 2012 is amended  by changing 
5Section 12-2 as follows:
 



6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


7    Sec. 12-2. Aggravated assault. 

8    (a) Offense based on location of conduct.  A person commits 
9aggravated assault when he or she commits an assault against an 
10individual who is on or about a public way, public property, a 
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits 
13aggravated assault when, in committing an assault, he or she 
14knows the individual assaulted to be any of the following:
15        (1) A physically handicapped person or a person 60 
16    years of age or older and the assault is without legal 
17    justification.
18        (2) A teacher or school employee upon school grounds or 
19    grounds adjacent to a school or in any part of a building 
20    used for school purposes.
21        (3) A park district employee upon park grounds or 
22    grounds adjacent to a park or in any part of a building 
23    used for park purposes.
 
 
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1        (4) A peace officer, community policing volunteer, 
2    fireman, private security officer, emergency management 
3    worker, emergency medical technician, or utility worker:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or her 
6        official duties; or
7            (iii) assaulted in retaliation for performing his 
8        or her official duties.
9        (5) A correctional officer or probation officer:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or her 
12        official duties; or
13            (iii)  assaulted in retaliation for performing his 
14        or her official duties.
15        (6) A correctional institution employee, a county 
16    juvenile detention center employee who provides direct and 
17    continuous supervision of residents of a juvenile 
18    detention center, including a county juvenile detention 
19    center employee who supervises recreational activity for 
20    residents of a juvenile detention center, or a Department 
21    of Human Services employee, Department of Human Services 
22    officer, or employee of a subcontractor of the Department 
23    of Human Services supervising or controlling sexually 
24    dangerous persons or sexually violent persons:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or her 
 
 
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1        official duties; or
2            (iii) assaulted in retaliation for performing his 
3        or her official duties.
4        (7) An employee of the State of Illinois, a municipal 
5    corporation therein, or a political subdivision thereof, 
6    performing his or her official  duties.
7        (8) A transit employee performing his or her official 
8    duties, or a transit passenger.
9        (9) A sports official or coach actively participating 
10    in any level of athletic competition within a sports venue, 
11    on an indoor playing field or outdoor playing field, or 
12    within the immediate vicinity of such a facility or field.
13        (10) A person authorized to serve process under Section 
14    2-202 of the Code of Civil Procedure or a special process 
15    server appointed by the circuit court, while that 
16    individual is in the performance of his or her duties as a 
17    process server. 
18    (c) Offense based on use of firearm, device, or motor 
19vehicle. A person commits aggravated assault when, in 
20committing an assault, he or she does any of the following:
21        (1) Uses a deadly weapon, an air rifle as defined in 
22    the Air Rifle Act, or any device manufactured and designed 
23    to be substantially similar in appearance to a firearm, 
24    other than by discharging a firearm.
25        (2) Discharges a firearm, other than from a motor 
26    vehicle.
 
 
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1        (3) Discharges a firearm from a motor vehicle.
2        (4) Wears a hood, robe, or mask to conceal his or her 
3    identity.
4        (5) Knowingly and without lawful justification shines 
5    or flashes a laser gun sight or other laser device attached 
6    to a firearm, or used in concert with a firearm, so that 
7    the laser beam strikes near or in the immediate vicinity of 
8    any person.
9        (6) Uses a firearm, other than by discharging the 
10    firearm, against a peace officer, community policing 
11    volunteer, fireman, private security officer, emergency 
12    management worker, emergency medical technician, employee 
13    of a police department, employee of a sheriff's department, 
14    or traffic control municipal employee:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her 
17        official duties; or
18            (iii) assaulted in retaliation for performing his 
19        or her official duties. 
20        (6.5) Uses an air rifle, any device manufactured and 
21    designed to be substantially similar in appearance to a 
22    firearm, or a deadly weapon other than a firearm against a 
23    peace officer:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or her 
26        official duties; or
 
 
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1            (iii) assaulted in retaliation for performing his 
2        or her official duties. 
3        (7) Without justification operates a motor vehicle in a 
4    manner which places a person, other than a person listed in 
5    subdivision (b)(4), in reasonable apprehension of being 
6    struck by the moving motor vehicle.
7        (8) Without justification operates a motor vehicle in a 
8    manner which places a person listed in subdivision (b)(4), 
9    in reasonable apprehension of being struck by the moving 
10    motor vehicle. 
11        (9)  Knowingly video or audio records the offense with 
12    the intent to disseminate the recording. 
13    (d) Sentence. Aggravated assault as defined in subdivision 
14(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
15(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
16aggravated assault as defined in subdivision (b)(4) and (b)(7) 
17is a Class 4 felony if a Category I, Category II, or Category 
18III weapon is used in the commission of the assault. Aggravated 
19assault as defined in subdivision (b)(5), (b)(6), (b)(10), 
20(c)(2), (c)(5), (c)(6), (c)(6.5), or (c)(7) is a Class 4 
21felony. Aggravated assault as defined in subdivision (c)(3) or 
22(c)(8) is a Class 3 felony.
23    (e) For the purposes of this Section:
24    "Air rifle" has the meaning ascribed to that term in 
25Section 24.8-0.1 of this Code. ,
26    "Category I weapon", "Category II weapon, and "Category III 
 
 
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1weapon" have the meanings ascribed to those terms in Section 
233A-1 of this Code. 




















3(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 
497-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 
51-1-14; revised 12-10-14.)