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91_SB0304ham001
LRB9103785RCksam02
1 AMENDMENT TO SENATE BILL 304
2 AMENDMENT NO. . Amend Senate Bill 304 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 12-2 and 12-4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 12-2 and 12-4 as follows:
10 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
11 Sec. 12-2. Aggravated assault.
12 (a) A person commits an aggravated assault, when, in
13 committing an assault, he:
14 (1) Uses a deadly weapon or any device manufactured
15 and designed to be substantially similar in appearance to
16 a firearm, other than by discharging a firearm in the
17 direction of another person, a peace officer, a person
18 summoned or directed by a peace officer, a correctional
19 officer or a fireman or in the direction of a vehicle
20 occupied by another person, a peace officer, a person
21 summoned or directed by a peace officer, a correctional
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1 officer or a fireman while the officer or fireman is
2 engaged in the execution of any of his official duties,
3 or to prevent the officer or fireman from performing his
4 official duties, or in retaliation for the officer or
5 fireman performing his official duties;
6 (2) Is hooded, robed or masked in such manner as to
7 conceal his identity or any device manufactured and
8 designed to be substantially similar in appearance to a
9 firearm;
10 (3) Knows the individual assaulted to be a teacher
11 or other person employed in any school and such teacher
12 or other employee is upon the grounds of a school or
13 grounds adjacent thereto, or is in any part of a building
14 used for school purposes;
15 (4) Knows the individual assaulted to be a
16 supervisor, director, instructor or other person employed
17 in any park district and such supervisor, director,
18 instructor or other employee is upon the grounds of the
19 park or grounds adjacent thereto, or is in any part of a
20 building used for park purposes;
21 (5) Knows the individual assaulted to be a
22 caseworker, investigator, or other person employed by the
23 State Department of Public Aid, a County Department of
24 Public Aid, or the Department of Human Services (acting
25 as successor to the Illinois Department of Public Aid
26 under the Department of Human Services Act) and such
27 caseworker, investigator, or other person is upon the
28 grounds of a public aid office or grounds adjacent
29 thereto, or is in any part of a building used for public
30 aid purposes, or upon the grounds of a home of a public
31 aid applicant, recipient or any other person being
32 interviewed or investigated in the employees' discharge
33 of his duties, or on grounds adjacent thereto, or is in
34 any part of a building in which the applicant, recipient,
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1 or other such person resides or is located;
2 (6) Knows the individual assaulted to be a peace
3 officer, or a community policing volunteer, or a fireman
4 while the officer or fireman is engaged in the execution
5 of any of his official duties, or to prevent the officer,
6 community policing volunteer, or fireman from performing
7 his official duties, or in retaliation for the officer,
8 community policing volunteer, or fireman performing his
9 official duties, and the assault is committed other than
10 by the discharge of a firearm in the direction of the
11 officer or fireman or in the direction of a vehicle
12 occupied by the officer or fireman;
13 (7) Knows the individual assaulted to be an
14 emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver or other medical
17 assistance or first aid personnel employed by a
18 municipality or other governmental unit engaged in the
19 execution of any of his official duties, or to prevent
20 the emergency medical technician - ambulance, emergency
21 medical technician - intermediate, emergency medical
22 technician - paramedic, ambulance driver, or other
23 medical assistance or first aid personnel from performing
24 his official duties, or in retaliation for the emergency
25 medical technician - ambulance, emergency medical
26 technician - intermediate, emergency medical technician -
27 paramedic, ambulance driver, or other medical assistance
28 or first aid personnel performing his official duties;
29 (8) Knows the individual assaulted to be the
30 driver, operator, employee or passenger of any
31 transportation facility or system engaged in the business
32 of transportation of the public for hire and the
33 individual assaulted is then performing in such capacity
34 or then using such public transportation as a passenger
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1 or using any area of any description designated by the
2 transportation facility or system as a vehicle boarding,
3 departure, or transfer location;
4 (9) Or the individual assaulted is on or about a
5 public way, public property, or public place of
6 accommodation or amusement;
7 (10) Knows the individual assaulted to be an
8 employee of the State of Illinois, a municipal
9 corporation therein or a political subdivision thereof,
10 engaged in the performance of his authorized duties as
11 such employee;
12 (11) Knowingly and without legal justification,
13 commits an assault on a physically handicapped person;
14 (12) Knowingly and without legal justification,
15 commits an assault on a person 60 years of age or older;
16 (13) Discharges a firearm;
17 (14) Knows the individual assaulted to be a
18 correctional officer, while the officer is engaged in the
19 execution of any of his or her official duties, or to
20 prevent the officer from performing his or her official
21 duties, or in retaliation for the officer performing his
22 or her official duties; or
23 (15) Knows the individual assaulted to be a
24 correctional employee, while the employee is engaged in
25 the execution of any of his or her official duties, or to
26 prevent the employee from performing his or her official
27 duties, or in retaliation for the employee performing his
28 or her official duties, and the assault is committed
29 other than by the discharge of a firearm in the direction
30 of the employee or in the direction of a vehicle occupied
31 by the employee; or .
32 (16) Knows the individual assaulted to be a health
33 care worker or other person employed by or contracted by
34 a health care organization or medical practice and is
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1 upon the grounds of a health care organization or grounds
2 adjacent to a health care organization, or is in any part
3 of a building used for the delivery of health care, or is
4 upon the grounds of the home of an individual at which
5 the health care worker is discharging his or her duties,
6 or on the grounds adjacent to that individual's home, or
7 in any part of a building in which the individual resides
8 or is located.
9 (b) Sentence.
10 Aggravated assault as defined in paragraphs (1) through
11 (5) and (7) through (12) of subsection (a) of this Section is
12 a Class A misdemeanor. Aggravated assault as defined in
13 paragraphs (13), (14), and (15), and (16) of subsection (a)
14 of this Section is a Class 4 felony. Aggravated assault as
15 defined in paragraph (6) of subsection (a) of this Section is
16 a Class A misdemeanor if a firearm is not used in the
17 commission of the assault. Aggravated assault as defined in
18 paragraph (6) of subsection (a) of this Section is a Class 4
19 felony if a firearm is used in the commission of the assault.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
21 90-651, eff. 1-1-99.)
22 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
23 Sec. 12-4. Aggravated Battery.
24 (a) A person who, in committing a battery, intentionally
25 or knowingly causes great bodily harm, or permanent
26 disability or disfigurement commits aggravated battery.
27 (b) In committing a battery, a person commits aggravated
28 battery if he or she:
29 (1) Uses a deadly weapon other than by the
30 discharge of a firearm;
31 (2) Is hooded, robed or masked, in such manner as
32 to conceal his identity;
33 (3) Knows the individual harmed to be a teacher or
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1 other person employed in any school and such teacher or
2 other employee is upon the grounds of a school or grounds
3 adjacent thereto, or is in any part of a building used
4 for school purposes;
5 (4) Knows the individual harmed to be a supervisor,
6 director, instructor or other person employed in any park
7 district and such supervisor, director, instructor or
8 other employee is upon the grounds of the park or grounds
9 adjacent thereto, or is in any part of a building used
10 for park purposes;
11 (5) Knows the individual harmed to be a caseworker,
12 investigator, or other person employed by the State
13 Department of Public Aid, a County Department of Public
14 Aid, or the Department of Human Services (acting as
15 successor to the Illinois Department of Public Aid under
16 the Department of Human Services Act) and such
17 caseworker, investigator, or other person is upon the
18 grounds of a public aid office or grounds adjacent
19 thereto, or is in any part of a building used for public
20 aid purposes, or upon the grounds of a home of a public
21 aid applicant, recipient, or any other person being
22 interviewed or investigated in the employee's discharge
23 of his duties, or on grounds adjacent thereto, or is in
24 any part of a building in which the applicant, recipient,
25 or other such person resides or is located;
26 (6) Knows the individual harmed to be a peace
27 officer, a community policing volunteer, a correctional
28 institution employee, or a fireman while such officer,
29 volunteer, employee or fireman is engaged in the
30 execution of any official duties including arrest or
31 attempted arrest, or to prevent the officer, volunteer,
32 employee or fireman from performing official duties, or
33 in retaliation for the officer, volunteer, employee or
34 fireman performing official duties, and the battery is
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1 committed other than by the discharge of a firearm;
2 (7) Knows the individual harmed to be an emergency
3 medical technician - ambulance, emergency medical
4 technician - intermediate, emergency medical technician -
5 paramedic, ambulance driver or other medical assistance
6 or first aid personnel engaged in the performance of any
7 of his or her official duties, or to prevent the
8 emergency medical technician - ambulance, emergency
9 medical technician - intermediate, emergency medical
10 technician - paramedic, ambulance driver, or other
11 medical assistance or first aid personnel from performing
12 official duties, or in retaliation for performing
13 official duties;
14 (8) Is, or the person battered is, on or about a
15 public way, public property or public place of
16 accommodation or amusement;
17 (9) Knows the individual harmed to be the driver,
18 operator, employee or passenger of any transportation
19 facility or system engaged in the business of
20 transportation of the public for hire and the individual
21 assaulted is then performing in such capacity or then
22 using such public transportation as a passenger or using
23 any area of any description designated by the
24 transportation facility or system as a vehicle boarding,
25 departure, or transfer location;
26 (10) Knowingly and without legal justification and
27 by any means causes bodily harm to an individual of 60
28 years of age or older;
29 (11) Knows the individual harmed is pregnant;
30 (12) Knows the individual harmed to be a judge whom
31 the person intended to harm as a result of the judge's
32 performance of his or her official duties as a judge;
33 (13) Knows the individual harmed to be an employee
34 of the Illinois Department of Children and Family
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1 Services engaged in the performance of his authorized
2 duties as such employee;
3 (14) Knows the individual harmed to be a person who
4 is physically handicapped; or
5 (15) Knowingly and without legal justification and
6 by any means causes bodily harm to a merchant who detains
7 the person for an alleged commission of retail theft
8 under Section 16A-5 of this Code. In this item (15),
9 "merchant" has the meaning ascribed to it in Section
10 16A-2.4 of this Code; or .
11 (16) Knows the individual harmed to be a nurse,
12 physician, or other health care worker and the nurse,
13 physician, or other health care worker is, at the time of
14 the commission of the battery, in a building or in any
15 part of a building, on the grounds of a building, or on
16 grounds adjacent to a building used as a hospital,
17 nursing home, shelter care home, or other health care
18 facility.
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
3 9-16-98.)".