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91_HB2293
LRB9104749DJcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-2 and 12-4.
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 12-4 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
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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
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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;
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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; or.
19 (16) Knows the individual assaulted to be a health
20 care worker or other person employed by, or working under
21 contract for, a health care organization or medical
22 practice; and, in addition:
23 (A) is on the grounds of a health care
24 organization or on grounds adjacent to those
25 grounds; or
26 (B) is in any part of a building used for the
27 delivery of health care; or
28 (C) is on the grounds of a home of a person to
29 whom the individual assaulted is providing health
30 care services in the discharge of the individual's
31 employment or contractual duties, or on grounds
32 adjacent to those grounds; or
33 (D) is in any part of a building in which the
34 individual assaulted resides or is located.
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1 (b) Sentence.
2 Aggravated assault as defined in paragraphs (1) through
3 (5) and (7) through (12) of subsection (a) of this Section is
4 a Class A misdemeanor. Aggravated assault as defined in
5 paragraphs (13), (14), and (15), and (16) of subsection (a)
6 of this Section is a Class 4 felony. Aggravated assault as
7 defined in paragraph (6) of subsection (a) of this Section is
8 a Class A misdemeanor if a firearm is not used in the
9 commission of the assault. Aggravated assault as defined in
10 paragraph (6) of subsection (a) of this Section is a Class 4
11 felony if a firearm is used in the commission of the assault.
12 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
13 90-651, eff. 1-1-99.)
14 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
15 Sec. 12-4. Aggravated Battery.
16 (a) A person who, in committing a battery, intentionally
17 or knowingly causes great bodily harm, or permanent
18 disability or disfigurement commits aggravated battery.
19 (b) In committing a battery, a person commits aggravated
20 battery if he or she:
21 (1) Uses a deadly weapon other than by the
22 discharge of a firearm;
23 (2) Is hooded, robed or masked, in such manner as
24 to conceal his identity;
25 (3) Knows the individual harmed to be a teacher or
26 other person employed in any school and such teacher or
27 other employee is upon the grounds of a school or grounds
28 adjacent thereto, or is in any part of a building used
29 for school purposes;
30 (4) Knows the individual harmed to be a supervisor,
31 director, instructor or other person employed in any park
32 district and such supervisor, director, instructor or
33 other employee is upon the grounds of the park or grounds
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1 adjacent thereto, or is in any part of a building used
2 for park purposes;
3 (5) Knows the individual harmed to be a caseworker,
4 investigator, or other person employed by the State
5 Department of Public Aid, a County Department of Public
6 Aid, or the Department of Human Services (acting as
7 successor to the Illinois Department of Public Aid under
8 the Department of Human Services Act) and such
9 caseworker, investigator, or other person is upon the
10 grounds of a public aid office or grounds adjacent
11 thereto, or is in any part of a building used for public
12 aid purposes, or upon the grounds of a home of a public
13 aid applicant, recipient, or any other person being
14 interviewed or investigated in the employee's discharge
15 of his duties, or on grounds adjacent thereto, or is in
16 any part of a building in which the applicant, recipient,
17 or other such person resides or is located;
18 (6) Knows the individual harmed to be a peace
19 officer, a community policing volunteer, a correctional
20 institution employee, or a fireman while such officer,
21 volunteer, employee or fireman is engaged in the
22 execution of any official duties including arrest or
23 attempted arrest, or to prevent the officer, volunteer,
24 employee or fireman from performing official duties, or
25 in retaliation for the officer, volunteer, employee or
26 fireman performing official duties, and the battery is
27 committed other than by the discharge of a firearm;
28 (7) Knows the individual harmed to be an emergency
29 medical technician - ambulance, emergency medical
30 technician - intermediate, emergency medical technician -
31 paramedic, ambulance driver or other medical assistance
32 or first aid personnel engaged in the performance of any
33 of his or her official duties, or to prevent the
34 emergency medical technician - ambulance, emergency
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1 medical technician - intermediate, emergency medical
2 technician - paramedic, ambulance driver, or other
3 medical assistance or first aid personnel from performing
4 official duties, or in retaliation for performing
5 official duties;
6 (8) Is, or the person battered is, on or about a
7 public way, public property or public place of
8 accommodation or amusement;
9 (9) Knows the individual harmed to be the driver,
10 operator, employee or passenger of any transportation
11 facility or system engaged in the business of
12 transportation of the public for hire and the individual
13 assaulted is then performing in such capacity or then
14 using such public transportation as a passenger or using
15 any area of any description designated by the
16 transportation facility or system as a vehicle boarding,
17 departure, or transfer location;
18 (10) Knowingly and without legal justification and
19 by any means causes bodily harm to an individual of 60
20 years of age or older;
21 (11) Knows the individual harmed is pregnant;
22 (12) Knows the individual harmed to be a judge whom
23 the person intended to harm as a result of the judge's
24 performance of his or her official duties as a judge;
25 (13) Knows the individual harmed to be an employee
26 of the Illinois Department of Children and Family
27 Services engaged in the performance of his authorized
28 duties as such employee;
29 (14) Knows the individual harmed to be a person who
30 is physically handicapped; or
31 (15) Knowingly and without legal justification and
32 by any means causes bodily harm to a merchant who detains
33 the person for an alleged commission of retail theft
34 under Section 16A-5 of this Code. In this item (15),
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1 "merchant" has the meaning ascribed to it in Section
2 16A-2.4 of this Code; or.
3 (16) Knows the individual harmed to be a health care
4 worker or other person employed by, or working under
5 contract for, a health care organization or medical
6 practice; and, in addition:
7 (A) is on the grounds of a health care
8 organization or on grounds adjacent to those
9 grounds; or
10 (B) is in any part of a building used for the
11 delivery of health care; or
12 (C) is on the grounds of a home of a person to
13 whom the individual harmed is providing health care
14 services in the discharge of the individual's
15 employment or contractual duties, or on grounds
16 adjacent to those grounds; or
17 (D) is in any part of a building in which the
18 individual harmed resides or is located.
19 For the purpose of paragraph (14) of subsection (b) of
20 this Section, a physically handicapped person is a person who
21 suffers from a permanent and disabling physical
22 characteristic, resulting from disease, injury, functional
23 disorder or congenital condition.
24 (c) A person who administers to an individual or causes
25 him to take, without his consent or by threat or deception,
26 and for other than medical purposes, any intoxicating,
27 poisonous, stupefying, narcotic, anesthetic, or controlled
28 substance commits aggravated battery.
29 (d) A person who knowingly gives to another person any
30 food that contains any substance or object that is intended
31 to cause physical injury if eaten, commits aggravated
32 battery.
33 (e) Sentence.
34 Aggravated battery is a Class 3 felony.
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1 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
2 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)