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91_HB1175eng HB1175 Engrossed 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 HB1175 Engrossed -2- LRB9102578RCksB 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 HB1175 Engrossed -3- LRB9102578RCksB 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 HB1175 Engrossed -4- LRB9102578RCksB 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". HB1175 Engrossed -5- LRB9102578RCksB 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 HB1175 Engrossed -6- LRB9102578RCksB 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. No committed person in a super maximum 5 security facility or on disciplinary segregation is allowed 6 contact visits. Any committed person classified as C grade 7 or any person found in possession of illegal drugs or who 8 fails a drug test may not be permitted contact visits for a 9 period of at least 6 months. 10 (g) All institutions and facilities of the Department 11 shall permit religious ministrations and sacraments to be 12 available to every committed person, but attendance at 13 religious services shall not be required. 14 (h) Within 90 days after December 31, 1996, the 15 Department shall prohibit the use of curtains, 16 cell-coverings, or any other matter or object that obstructs 17 or otherwise impairs the line of vision into a committed 18 person's cell. 19 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97; 20 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff. 21 7-1-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.