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91_HB1175
LRB9102578RCksB
1 AN ACT in relation to corrections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-4 as follows:
6 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
7 Sec. 12-4. Aggravated Battery.
8 (a) A person who, in committing a battery, intentionally
9 or knowingly causes great bodily harm, or permanent
10 disability or disfigurement commits aggravated battery.
11 (b) In committing a battery, a person commits aggravated
12 battery if he or she:
13 (1) Uses a deadly weapon other than by the
14 discharge of a firearm;
15 (2) Is hooded, robed or masked, in such manner as
16 to conceal his identity;
17 (3) Knows the individual harmed to be a teacher or
18 other person employed in any school and such teacher or
19 other employee is upon the grounds of a school or grounds
20 adjacent thereto, or is in any part of a building used
21 for school purposes;
22 (4) Knows the individual harmed to be a supervisor,
23 director, instructor or other person employed in any park
24 district and such supervisor, director, instructor or
25 other employee is upon the grounds of the park or grounds
26 adjacent thereto, or is in any part of a building used
27 for park purposes;
28 (5) Knows the individual harmed to be a caseworker,
29 investigator, or other person employed by the State
30 Department of Public Aid, a County Department of Public
31 Aid, or the Department of Human Services (acting as
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1 successor to the Illinois Department of Public Aid under
2 the Department of Human Services Act) and such
3 caseworker, investigator, or other person is upon the
4 grounds of a public aid office or grounds adjacent
5 thereto, or is in any part of a building used for public
6 aid purposes, or upon the grounds of a home of a public
7 aid applicant, recipient, or any other person being
8 interviewed or investigated in the employee's discharge
9 of his duties, or on grounds adjacent thereto, or is in
10 any part of a building in which the applicant, recipient,
11 or other such person resides or is located;
12 (6) Knows the individual harmed to be a peace
13 officer, a community policing volunteer, a correctional
14 institution employee, or a fireman while such officer,
15 volunteer, employee or fireman is engaged in the
16 execution of any official duties including arrest or
17 attempted arrest, or to prevent the officer, volunteer,
18 employee or fireman from performing official duties, or
19 in retaliation for the officer, volunteer, employee or
20 fireman performing official duties, and the battery is
21 committed other than by the discharge of a firearm;
22 (7) Knows the individual harmed to be an emergency
23 medical technician - ambulance, emergency medical
24 technician - intermediate, emergency medical technician -
25 paramedic, ambulance driver or other medical assistance
26 or first aid personnel engaged in the performance of any
27 of his or her official duties, or to prevent the
28 emergency medical technician - ambulance, emergency
29 medical technician - intermediate, emergency medical
30 technician - paramedic, ambulance driver, or other
31 medical assistance or first aid personnel from performing
32 official duties, or in retaliation for performing
33 official duties;
34 (8) Is, or the person battered is, on or about a
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1 public way, public property or public place of
2 accommodation or amusement;
3 (9) Knows the individual harmed to be the driver,
4 operator, employee or passenger of any transportation
5 facility or system engaged in the business of
6 transportation of the public for hire and the individual
7 assaulted is then performing in such capacity or then
8 using such public transportation as a passenger or using
9 any area of any description designated by the
10 transportation facility or system as a vehicle boarding,
11 departure, or transfer location;
12 (10) Knowingly and without legal justification and
13 by any means causes bodily harm to an individual of 60
14 years of age or older;
15 (11) Knows the individual harmed is pregnant;
16 (12) Knows the individual harmed to be a judge whom
17 the person intended to harm as a result of the judge's
18 performance of his or her official duties as a judge;
19 (13) Knows the individual harmed to be an employee
20 of the Illinois Department of Children and Family
21 Services engaged in the performance of his authorized
22 duties as such employee;
23 (14) Knows the individual harmed to be a person who
24 is physically handicapped; or
25 (15) Knowingly and without legal justification and
26 by any means causes bodily harm to a merchant who detains
27 the person for an alleged commission of retail theft
28 under Section 16A-5 of this Code. In this item (15),
29 "merchant" has the meaning ascribed to it in Section
30 16A-2.4 of this Code.
31 For the purpose of paragraph (14) of subsection (b) of
32 this Section, a physically handicapped person is a person who
33 suffers from a permanent and disabling physical
34 characteristic, resulting from disease, injury, functional
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1 disorder or congenital condition.
2 (c) A person who administers to an individual or causes
3 him to take, without his consent or by threat or deception,
4 and for other than medical purposes, any intoxicating,
5 poisonous, stupefying, narcotic, anesthetic, or controlled
6 substance commits aggravated battery.
7 (d) A person who knowingly gives to another person any
8 food that contains any substance or object that is intended
9 to cause physical injury if eaten, commits aggravated
10 battery.
11 (d-5) An inmate of a penal institution who causes or
12 attempts to cause a correctional employee of the penal
13 institution to come into contact with blood, seminal fluid,
14 urine, or feces, by throwing, tossing, or expelling that
15 fluid or material commits aggravated battery. For purposes
16 of this subsection (d-5), "correctional employee" means a
17 person who is employed by a penal institution.
18 (e) Sentence.
19 Aggravated battery is a Class 3 felony.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
21 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
22 Section 10. The Unified Code of Corrections is amended
23 by changing Section 3-7-2 and adding Section 3-6-2.5 as
24 follows:
25 (730 ILCS 5/3-6-2.5 new)
26 Sec. 3-6-2.5. Immersible heating coils prohibited. Each
27 chief administrative officer of an Adult Department of
28 Corrections maximum security facility may not allow committed
29 persons to have access to heating elements including, but not
30 limited to, immersible heating coils commonly known as
31 "stingers".
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1 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
2 Sec. 3-7-2. Facilities.
3 (a) All institutions and facilities of the Department
4 shall provide every committed person with access to toilet
5 facilities, barber facilities, bathing facilities at least
6 once each week, a library of legal materials and published
7 materials including newspapers and magazines approved by the
8 Director. A committed person may not receive any materials
9 that the Director deems pornographic.
10 (b) (Blank).
11 (c) All institutions and facilities of the Department
12 shall provide facilities for every committed person to leave
13 his cell for at least one hour each day unless the chief
14 administrative officer determines that it would be harmful or
15 dangerous to the security or safety of the institution or
16 facility.
17 (d) All institutions and facilities of the Department
18 shall provide every committed person with a wholesome and
19 nutritional diet at regularly scheduled hours, drinking
20 water, clothing adequate for the season, bedding, soap and
21 towels and medical and dental care.
22 (e) All institutions and facilities of the Department
23 shall permit every committed person to send and receive an
24 unlimited number of uncensored letters, provided, however,
25 that the Director may order that mail be inspected and read
26 for reasons of the security, safety or morale of the
27 institution or facility.
28 (f) All of the institutions and facilities of the
29 Department shall permit every committed person to receive
30 visitors, except in case of abuse of the visiting privilege
31 or when the chief administrative officer determines that such
32 visiting would be harmful or dangerous to the security,
33 safety or morale of the institution or facility. The chief
34 administrative officer shall have the right to restrict
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1 visitation to non-contact visits for reasons of safety,
2 security, and order, including, but not limited to,
3 restricting contact visits for committed persons engaged in
4 gang activity. On or after January 1, 2000, no committed
5 person may be permitted contact visits if he or she is
6 classified as a C grade inmate, as defined by the Department.
7 In addition, no committed person may be permitted contact
8 visits for one year after being found in possession of
9 illegal drugs while incarcerated or failing a test for the
10 presence of illegal drugs in his or her system while
11 incarcerated.
12 (g) All institutions and facilities of the Department
13 shall permit religious ministrations and sacraments to be
14 available to every committed person, but attendance at
15 religious services shall not be required.
16 (h) Within 90 days after December 31, 1996, the
17 Department shall prohibit the use of curtains,
18 cell-coverings, or any other matter or object that obstructs
19 or otherwise impairs the line of vision into a committed
20 person's cell.
21 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
22 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff.
23 7-1-97.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.