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91_HB2352eng HB2352 Engrossed LRB9101232RCcs 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-2 and adding Section 12-4.11. 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 Section 12-2 and adding Section 12-4.11 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 HB2352 Engrossed -2- LRB9101232RCcs 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 HB2352 Engrossed -3- LRB9101232RCcs 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; HB2352 Engrossed -4- LRB9101232RCcs 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;or10 (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) Uses a motor vehicle as defined in Section 20 1-146 of the Illinois Vehicle Code. 21 (b) Sentence. 22 Aggravated assault as defined in paragraphs (1) through 23 (5) and (7) through (12) of subsection (a) of this Section is 24 a Class A misdemeanor. Aggravated assault as defined in 25 paragraphs (13), (14), and (15) of subsection (a) of this 26 Section is a Class 4 felony. Aggravated assault as defined in 27 paragraph (16) of subsection (a) of this Section is a Class 3 28 felony. Aggravated assault as defined in paragraph (6) of 29 subsection (a) of this Section is a Class A misdemeanor if a 30 firearm is not used in the commission of the assault. 31 Aggravated assault as defined in paragraph (6) of subsection 32 (a) of this Section is a Class 4 felony if a firearm is used 33 in the commission of the assault. 34 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; HB2352 Engrossed -5- LRB9101232RCcs 1 90-651, eff. 1-1-99.) 2 (720 ILCS 5/12-4.11 new) 3 Sec. 12-4.11. Aggravated battery with a motor vehicle. 4 (a) A person commits aggravated battery with a motor 5 vehicle when he or she, in committing a battery, knowingly or 6 intentionally causes great bodily harm or permanent 7 disability or disfigurement by means of the operation or use 8 of a motor vehicle. 9 (b) For the purpose of this Section, "motor vehicle" has 10 the meaning ascribed to it in Section 1-146 of the Illinois 11 Vehicle Code. 12 (c) Sentence. Aggravated battery with a motor vehicle is 13 a Class 1 felony.