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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0022eng HB0022 Engrossed LRB9100388RCkb 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 12-2 and 12-6.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 12-2 and 12-6.1 as follows: 7 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 8 Sec. 12-2. Aggravated assault. 9 (a) A person commits an aggravated assault, when, in 10 committing an assault, he: 11 (1) Uses a deadly weapon or any device manufactured 12 and designed to be substantially similar in appearance to 13 a firearm, other than by discharging a firearm in the 14 direction of another person, a peace officer, a person 15 summoned or directed by a peace officer, a correctional 16 officer or a fireman or in the direction of a vehicle 17 occupied by another person, a peace officer, a person 18 summoned or directed by a peace officer, a correctional 19 officer or a fireman while the officer or fireman is 20 engaged in the execution of any of his official duties, 21 or to prevent the officer or fireman from performing his 22 official duties, or in retaliation for the officer or 23 fireman performing his official duties; 24 (2) Is hooded, robed or masked in such manner as to 25 conceal his identity or any device manufactured and 26 designed to be substantially similar in appearance to a 27 firearm; 28 (3) Knows the individual assaulted to be a teacher 29 or other person employed in any school and such teacher 30 or other employee is upon the grounds of a school or 31 grounds adjacent thereto, or is in any part of a building HB0022 Engrossed -2- LRB9100388RCkb 1 used for school purposes; 2 (4) Knows the individual assaulted to be a 3 supervisor, director, instructor or other person employed 4 in any park district and such supervisor, director, 5 instructor or other employee is upon the grounds of the 6 park or grounds adjacent thereto, or is in any part of a 7 building used for park purposes; 8 (5) Knows the individual assaulted to be a 9 caseworker, investigator, or other person employed by the 10 State Department of Public Aid, a County Department of 11 Public Aid, or the Department of Human Services (acting 12 as successor to the Illinois Department of Public Aid 13 under the Department of Human Services Act) and such 14 caseworker, investigator, or other person is upon the 15 grounds of a public aid office or grounds adjacent 16 thereto, or is in any part of a building used for public 17 aid purposes, or upon the grounds of a home of a public 18 aid applicant, recipient or any other person being 19 interviewed or investigated in the employees' discharge 20 of his duties, or on grounds adjacent thereto, or is in 21 any part of a building in which the applicant, recipient, 22 or other such person resides or is located; 23 (6) Knows the individual assaulted to be a peace 24 officer, or a community policing volunteer, or a fireman 25 while the officer or fireman is engaged in the execution 26 of any of his official duties, or to prevent the officer, 27 community policing volunteer, or fireman from performing 28 his official duties, or in retaliation for the officer, 29 community policing volunteer, or fireman performing his 30 official duties, and the assault is committed other than 31 by the discharge of a firearm in the direction of the 32 officer or fireman or in the direction of a vehicle 33 occupied by the officer or fireman; 34 (7) Knows the individual assaulted to be an HB0022 Engrossed -3- LRB9100388RCkb 1 emergency medical technician - ambulance, emergency 2 medical technician - intermediate, emergency medical 3 technician - paramedic, ambulance driver or other medical 4 assistance or first aid personnel employed by a 5 municipality or other governmental unit engaged in the 6 execution of any of his official duties, or to prevent 7 the emergency medical technician - ambulance, emergency 8 medical technician - intermediate, emergency medical 9 technician - paramedic, ambulance driver, or other 10 medical assistance or first aid personnel from performing 11 his official duties, or in retaliation for the emergency 12 medical technician - ambulance, emergency medical 13 technician - intermediate, emergency medical technician - 14 paramedic, ambulance driver, or other medical assistance 15 or first aid personnel performing his official duties; 16 (8) Knows the individual assaulted to be the 17 driver, operator, employee or passenger of any 18 transportation facility or system engaged in the business 19 of transportation of the public for hire and the 20 individual assaulted is then performing in such capacity 21 or then using such public transportation as a passenger 22 or using any area of any description designated by the 23 transportation facility or system as a vehicle boarding, 24 departure, or transfer location; 25 (9) Or the individual assaulted is on or about a 26 public way, public property, or public place of 27 accommodation or amusement; 28 (10) Knows the individual assaulted to be an 29 employee of the State of Illinois, a municipal 30 corporation therein or a political subdivision thereof, 31 engaged in the performance of his authorized duties as 32 such employee; 33 (11) Knowingly and without legal justification, 34 commits an assault on a physically handicapped person; HB0022 Engrossed -4- LRB9100388RCkb 1 (12) Knowingly and without legal justification, 2 commits an assault on a person 60 years of age or older; 3 (13) Discharges a firearm; 4 (14) Knows the individual assaulted to be a 5 correctional officer, while the officer is engaged in the 6 execution of any of his or her official duties, or to 7 prevent the officer from performing his or her official 8 duties, or in retaliation for the officer performing his 9 or her official duties; or 10 (15) Knows the individual assaulted to be a 11 correctional employee, while the employee is engaged in 12 the execution of any of his or her official duties, or to 13 prevent the employee from performing his or her official 14 duties, or in retaliation for the employee performing his 15 or her official duties, and the assault is committed 16 other than by the discharge of a firearm in the direction 17 of the employee or in the direction of a vehicle occupied 18 by the employee. 19 (b) Sentence. 20 Aggravated assault as defined in paragraphs (1), (2), 21 (4), andthrough(5) and (7) through (12) of subsection (a) 22 of this Section is a Class A misdemeanor. Aggravated assault 23 as defined in paragraphs (3), (13), (14), and (15) of 24 subsection (a) of this Section is a Class 4 felony. 25 Aggravated assault as defined in paragraph (6) of subsection 26 (a) of this Section is a Class A misdemeanor if a firearm is 27 not used in the commission of the assault. Aggravated 28 assault as defined in paragraph (6) of subsection (a) of this 29 Section is a Class 4 felony if a firearm is used in the 30 commission of the assault. 31 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 32 90-651, eff. 1-1-99.) 33 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1) HB0022 Engrossed -5- LRB9100388RCkb 1 Sec. 12-6.1. Compelling organization membership of 2 persons. A person who expressly or impliedly threatens to do 3 bodily harm or does bodily harm to an individual or to that 4 individual's family or uses any other criminally unlawful 5 means to solicit or cause any person to join, or deter any 6 person from leaving, any organization or association 7 regardless of the nature of such organization or association, 8 is guilty of a Class 2 felony. 9 A violation of this Section occurring, regardless of the 10 time of day or the time of year, in a school, on the real 11 property comprising a school, on a public way within 1,000 12 feet of a school, or in a conveyance owned, leased, or 13 contracted by a school to transport students to or from 14 school or a school related activity is a Class 1 felony. For 15 purposes of this Section, "school" means a public or private 16 elementary or secondary school, community college, college, 17 or university. 18 Any person of the age of 18 years or older who expressly 19 or impliedly threatens to do bodily harm or does bodily harm 20 to a person under 18 years of age or uses any other 21 criminally unlawful means to solicit or cause any person 22 under 18 years of age to join, or deter any person under 18 23 years of age from leaving, any organization or association 24 regardless of the nature of such organization or association 25 is guilty of a Class 1 felony. 26 A person convicted of an offense under this Section shall 27 not be eligible to receive a sentence of probation, 28 conditional discharge, or periodic imprisonment. 29 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314, 30 eff. 1-1-96; 89-626, eff. 8-9-96.)