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91_HB2894
LRB9108851RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-2.
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 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.
19 (b) Sentence.
20 Aggravated assault as defined in paragraphs (2) (1)
21 through (5) and (7) through (12) of subsection (a) of this
22 Section is a Class A misdemeanor. Aggravated assault as
23 defined in paragraph (1) of subsection (a) of this Section is
24 a Class A misdemeanor if a firearm is not used in the
25 commission of the assault. Aggravated assault as defined in
26 paragraph (1) of subsection (a) of this Section is a Class 4
27 felony if a firearm is used in the commission of the assault.
28 Aggravated assault as defined in paragraphs (13), (14), and
29 (15) of subsection (a) of this Section is a Class 4 felony.
30 Aggravated assault as defined in paragraph (6) of subsection
31 (a) of this Section is a Class A misdemeanor if a firearm is
32 not used in the commission of the assault. Aggravated
33 assault as defined in paragraph (6) of subsection (a) of this
34 Section is a Class 4 felony if a firearm is used in the
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1 commission of the assault.
2 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
3 90-651, eff. 1-1-99.)