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91_SB0845 LRB9104773LDfgA 1 AN ACT in relation to laser devices. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act shall be known as the 5 Laser Assault Civil Liability Law. 6 Section 5. Cause of action. Any person who is aggrieved 7 or harmed by a violation of any of the following Sections of 8 the Criminal Code of 1961 shall have a civil cause of action 9 against the violator, which, in addition to presumed or 10 actual damages, may include an award of punitive damages, 11 attorneys fees, and costs: 12 (i) Section 12-2 (relating to aggravated assault 13 involving a laser device); 14 (ii) Section 12-3 (relating to battery involving a 15 laser device); 16 (iii) Section 12-4 (relating to aggravated battery 17 involving a laser device); or 18 (iv) Section 24-1.6 (relating to the unlawful sale 19 or giving of a laser device to a minor). 20 Section 10. Damages. In any civil action or count of a 21 civil action arising under this Act, the following damages 22 shall be presumed to exist: 23 (i) for a violation of Section 12-3 of the Criminal 24 Code (battery involving a laser device), $100; 25 (ii) for a violation of Section 12-2 (aggravated 26 assault involving a laser device) or 12-4 (aggravated 27 battery involving a laser device), $500; 28 (iii) for a violation of Section 24-1.6 (unlawful 29 sale or giving of a laser device to a minor), $200. -2- LRB9104773LDfgA 1 Section 85. The Criminal Code of 1961 is amended by 2 changing Sections 12-2, 12-3, 12-4, and 12-5 and the heading 3 of Article 24 and adding Sections 2-10.2, 2-10.3, and 24-1.6 4 as follows: 5 (720 ILCS 5/2-10.2 new) 6 Sec. 10.2. Laser or laser device. "Laser" or "laser 7 device" means any small or hand-held battery powered device 8 which converts incident electromagnetic radiation of mixed 9 frequencies to one or more discrete frequencies of highly 10 amplified and coherent visible radiation or light. Proof 11 that a particular device casts a small red dot or other 12 similar small and discrete image or small and discrete visual 13 signal upon a target surface at least 15 feet away creates a 14 rebuttable presumption that the device is a laser. 15 Flashlights and similar lamps, lanterns, lights, and 16 penlights are not laser devices. 17 (720 ILCS 5/2-10.3 new) 18 Sec. 10.3. Laser gunsight. "Laser gunsight" means any 19 battery powered laser device manufactured to function as a 20 firearm aiming device or sold as a firearm aiming device. 21 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 22 Sec. 12-2. Aggravated assault. 23 (a) A person commits an aggravated assault, when, in 24 committing an assault, he: 25 (1) Uses a deadly weapon or any device manufactured 26 and designed to be substantially similar in appearance to 27 a firearm, other than by discharging a firearm in the 28 direction of another person, a peace officer, a person 29 summoned or directed by a peace officer, a correctional 30 officer or a fireman or in the direction of a vehicle 31 occupied by another person, a peace officer, a person -3- LRB9104773LDfgA 1 summoned or directed by a peace officer, a correctional 2 officer or a fireman while the officer or fireman is 3 engaged in the execution of any of his official duties, 4 or to prevent the officer or fireman from performing his 5 official duties, or in retaliation for the officer or 6 fireman performing his official duties; 7 (2) Is hooded, robed or masked in such manner as to 8 conceal his identity or any device manufactured and 9 designed to be substantially similar in appearance to a 10 firearm; 11 (3) Knows the individual assaulted to be a teacher 12 or other person employed in any school and such teacher 13 or other employee is upon the grounds of a school or 14 grounds adjacent thereto, or is in any part of a building 15 used for school purposes; 16 (4) Knows the individual assaulted to be a 17 supervisor, director, instructor or other person employed 18 in any park district and such supervisor, director, 19 instructor or other employee is upon the grounds of the 20 park or grounds adjacent thereto, or is in any part of a 21 building used for park purposes; 22 (5) Knows the individual assaulted to be a 23 caseworker, investigator, or other person employed by the 24 State Department of Public Aid, a County Department of 25 Public Aid, or the Department of Human Services (acting 26 as successor to the Illinois Department of Public Aid 27 under the Department of Human Services Act) and such 28 caseworker, investigator, or other person is upon the 29 grounds of a public aid office or grounds adjacent 30 thereto, or is in any part of a building used for public 31 aid purposes, or upon the grounds of a home of a public 32 aid applicant, recipient or any other person being 33 interviewed or investigated in the employees' discharge 34 of his duties, or on grounds adjacent thereto, or is in -4- LRB9104773LDfgA 1 any part of a building in which the applicant, recipient, 2 or other such person resides or is located; 3 (6) Knows the individual assaulted to be a peace 4 officer, or a community policing volunteer, or a fireman 5 while the officer or fireman is engaged in the execution 6 of any of his official duties, or to prevent the officer, 7 community policing volunteer, or fireman from performing 8 his official duties, or in retaliation for the officer, 9 community policing volunteer, or fireman performing his 10 official duties, and the assault is committed other than 11 by the discharge of a firearm in the direction of the 12 officer or fireman or in the direction of a vehicle 13 occupied by the officer or fireman; 14 (7) Knows the individual assaulted to be an 15 emergency medical technician - ambulance, emergency 16 medical technician - intermediate, emergency medical 17 technician - paramedic, ambulance driver or other medical 18 assistance or first aid personnel employed by a 19 municipality or other governmental unit engaged in the 20 execution of any of his official duties, or to prevent 21 the emergency medical technician - ambulance, emergency 22 medical technician - intermediate, emergency medical 23 technician - paramedic, ambulance driver, or other 24 medical assistance or first aid personnel from performing 25 his official duties, or in retaliation for the emergency 26 medical technician - ambulance, emergency medical 27 technician - intermediate, emergency medical technician - 28 paramedic, ambulance driver, or other medical assistance 29 or first aid personnel performing his official duties; 30 (8) Knows the individual assaulted to be the 31 driver, operator, employee or passenger of any 32 transportation facility or system engaged in the business 33 of transportation of the public for hire and the 34 individual assaulted is then performing in such capacity -5- LRB9104773LDfgA 1 or then using such public transportation as a passenger 2 or using any area of any description designated by the 3 transportation facility or system as a vehicle boarding, 4 departure, or transfer location; 5 (9) Or the individual assaulted is on or about a 6 public way, public property, or public place of 7 accommodation or amusement; 8 (10) Knows the individual assaulted to be an 9 employee of the State of Illinois, a municipal 10 corporation therein or a political subdivision thereof, 11 engaged in the performance of his authorized duties as 12 such employee; 13 (11) Knowingly and without legal justification, 14 commits an assault on a physically handicapped person; 15 (12) Knowingly and without legal justification, 16 commits an assault on a person 60 years of age or older; 17 (13) Discharges a firearm; 18 (14) Knows the individual assaulted to be a 19 correctional officer, while the officer is engaged in the 20 execution of any of his or her official duties, or to 21 prevent the officer from performing his or her official 22 duties, or in retaliation for the officer performing his 23 or her official duties;or24 (15) Knows the individual assaulted to be a 25 correctional employee, while the employee is engaged in 26 the execution of any of his or her official duties, or to 27 prevent the employee from performing his or her official 28 duties, or in retaliation for the employee performing his 29 or her official duties, and the assault is committed 30 other than by the discharge of a firearm in the direction 31 of the employee or in the direction of a vehicle occupied 32 by the employee; or.33 (16) Knowingly and without lawful justification 34 places another in reasonable apprehension of receiving a -6- LRB9104773LDfgA 1 battery by firing or discharging a laser gunsight or 2 other laser device that is attached or affixed to a 3 firearm or used in concert with a firearm, commits 4 aggravated assault. 5 (b) Sentence. 6 Aggravated assault as defined in paragraphs (1) through 7 (5) and (7) through (12) of subsection (a) of this Section is 8 a Class A misdemeanor. Aggravated assault as defined in 9 paragraphs (13), (14), and (15) of subsection (a) of this 10 Section is a Class 4 felony. Aggravated assault as defined 11 in paragraph (6) of subsection (a) of this Section is a Class 12 A misdemeanor if a firearm is not used in the commission of 13 the assault. Aggravated assault as defined in paragraph (6) 14 of subsection (a) of this Section is a Class 4 felony if a 15 firearm is used in the commission of the assault. Aggravated 16 assault as defined in paragraph (16) of this Section is a 17 Class A misdemeanor for which a fine of not less that $1000 18 shall be imposed. A second or subsequent conviction for a 19 violation of paragraph (16) is a Class 4 felony. Aggravated 20 assault as defined in paragraph (16) of this Section is a 21 Class 4 felony where the person committing the assault knows 22 the individual assaulted to be a peace officer, or a person 23 summoned and directed by him, or a fireman, while the officer 24 or fireman is engaged in the execution of any of his official 25 duties, or to prevent the officer or fireman from performing 26 his official duties, or in retaliation for the officer or 27 fireman performing his official duties, and the assault is 28 committed other than by the discharge of a firearm in the 29 direction of the officer or fireman or in the direction of a 30 vehicle occupied by the officer or fireman. 31 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 32 90-651, eff. 1-1-99.) 33 (720 ILCS 5/12-3) (from Ch. 38, par. 12-3) -7- LRB9104773LDfgA 1 Sec. 12-3. Battery. 2 (a) A person commits battery if he intentionally or 3 knowingly without legal justification and by any means, (1) 4 causes bodily harm to an individual or (2) makes physical 5 contact of an insulting or provoking nature with an 6 individual. Physical contact of an insulting or provoking 7 nature includes the firing or discharging of a laser device 8 upon or against the person of another so that the laser beam 9 strikes the person, or firing or discharging a laser into a 10 moving motor vehicle occupied by another so that the laser 11 strikes inside the vehicle. 12 (b) Sentence. 13 Battery is a Class A misdemeanor. Battery involving the 14 firing or discharging of a laser device not attached or 15 affixed to a firearm, and not used in concert with a firearm, 16 is a Class 4 felony where the person committing the battery 17 knows that the person struck by the laser beam is a peace 18 officer, or a person summoned and directed by him, or a 19 fireman, or emergency medical technician while the police 20 officer, fireman, or emergency medical technician is engaged 21 in the execution of any of his official duties, or to prevent 22 the officer, fireman, or emergency medical technician from 23 performing his official duties, or in retaliation for the 24 officer, fireman, or emergency medical technician performing 25 his official duties, and the battery is committed in a manner 26 that does not include the discharge of a firearm in the 27 direction of the officer, fireman, or emergency medical 28 technician or in the direction of a vehicle occupied by him. 29 (Source: P.A. 77-2638.) 30 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 31 Sec. 12-4. Aggravated Battery. 32 (a) A person who, in committing a battery, intentionally 33 or knowingly causes great bodily harm, or permanent -8- LRB9104773LDfgA 1 disability or disfigurement commits aggravated battery. 2 (b) In committing a battery, a person commits aggravated 3 battery if he or she: 4 (1) Uses a deadly weapon other than by the 5 discharge of a firearm; 6 (2) Is hooded, robed or masked, in such manner as 7 to conceal his identity; 8 (3) Knows the individual harmed to be a teacher or 9 other person employed in any school and such teacher or 10 other employee is upon the grounds of a school or grounds 11 adjacent thereto, or is in any part of a building used 12 for school purposes; 13 (4) Knows the individual harmed to be a supervisor, 14 director, instructor or other person employed in any park 15 district and such supervisor, director, instructor or 16 other employee is upon the grounds of the park or grounds 17 adjacent thereto, or is in any part of a building used 18 for park purposes; 19 (5) Knows the individual harmed to be a caseworker, 20 investigator, or other person employed by the State 21 Department of Public Aid, a County Department of Public 22 Aid, or the Department of Human Services (acting as 23 successor to the Illinois Department of Public Aid under 24 the Department of Human Services Act) and such 25 caseworker, investigator, or other person is upon the 26 grounds of a public aid office or grounds adjacent 27 thereto, or is in any part of a building used for public 28 aid purposes, or upon the grounds of a home of a public 29 aid applicant, recipient, or any other person being 30 interviewed or investigated in the employee's discharge 31 of his duties, or on grounds adjacent thereto, or is in 32 any part of a building in which the applicant, recipient, 33 or other such person resides or is located; 34 (6) Knows the individual harmed to be a peace -9- LRB9104773LDfgA 1 officer, a community policing volunteer, a correctional 2 institution employee, or a fireman while such officer, 3 volunteer, employee or fireman is engaged in the 4 execution of any official duties including arrest or 5 attempted arrest, or to prevent the officer, volunteer, 6 employee or fireman from performing official duties, or 7 in retaliation for the officer, volunteer, employee or 8 fireman performing official duties, and the battery is 9 committed other than by the discharge of a firearm; 10 (7) Knows the individual harmed to be an emergency 11 medical technician - ambulance, emergency medical 12 technician - intermediate, emergency medical technician - 13 paramedic, ambulance driver or other medical assistance 14 or first aid personnel engaged in the performance of any 15 of his or her official duties, or to prevent the 16 emergency medical technician - ambulance, emergency 17 medical technician - intermediate, emergency medical 18 technician - paramedic, ambulance driver, or other 19 medical assistance or first aid personnel from performing 20 official duties, or in retaliation for performing 21 official duties; 22 (8) Is, or the person battered is, on or about a 23 public way, public property or public place of 24 accommodation or amusement; 25 (9) Knows the individual harmed to be the driver, 26 operator, employee or passenger of any transportation 27 facility or system engaged in the business of 28 transportation of the public for hire and the individual 29 assaulted is then performing in such capacity or then 30 using such public transportation as a passenger or using 31 any area of any description designated by the 32 transportation facility or system as a vehicle boarding, 33 departure, or transfer location; 34 (10) Knowingly and without legal justification and -10- LRB9104773LDfgA 1 by any means causes bodily harm to an individual of 60 2 years of age or older; 3 (11) Knows the individual harmed is pregnant; 4 (12) Knows the individual harmed to be a judge whom 5 the person intended to harm as a result of the judge's 6 performance of his or her official duties as a judge; 7 (13) Knows the individual harmed to be an employee 8 of the Illinois Department of Children and Family 9 Services engaged in the performance of his authorized 10 duties as such employee; 11 (14) Knows the individual harmed to be a person who 12 is physically handicapped; or 13 (15) Knowingly and without legal justification and 14 by any means causes bodily harm to a merchant who detains 15 the person for an alleged commission of retail theft 16 under Section 16A-5 of this Code. In this item (15), 17 "merchant" has the meaning ascribed to it in Section 18 16A-2.4 of this Code. 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 (d-5) A person who knowingly and without lawful 34 justification fires or discharges a laser gunsight or other -11- LRB9104773LDfgA 1 laser device that is affixed to a firearm, or used in concert 2 with a firearm, at, upon, or against the person of another so 3 that the laser beam strikes the person, or into a moving 4 motor vehicle occupied by another so that the laser strikes 5 inside the vehicle, commits aggravated battery. 6 (e) Sentence. 7 Aggravated battery is a Class 3 felony. 8 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 9 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.) 10 (720 ILCS 5/Art. 24 heading) 11 ARTICLE 24. DEADLY AND DANGEROUS WEAPONS 12 (720 ILCS 5/24-1.6 new) 13 Sec. 24-1.6. Unlawful sale to or possession of a laser 14 device by a minor. 15 (a) It is unlawful for any person to sell or give a 16 laser device to anyone he or she knows or reasonably should 17 know to be under the age 18. 18 It is an affirmative defense to the offense of unlawful 19 gift (but not sale) of a laser device to a minor that the 20 defendant was related to the minor by the whole or half blood 21 and the laser devise was not used outside the minor's own 22 home. 23 (b) It is unlawful for any person under the age of 18 to 24 carry or possess any laser device, except in his or her own 25 home. 26 (c) Penalty. 27 (1) Unlawful sale or gift of a laser device to a 28 person under 18 years of age is a Class A misdemeanor for 29 which a fine of at least $500 shall be imposed. 30 (2) A person under the age of 18 who possesses or 31 carries a laser device outside the person's own home is 32 guilty of a Class C misdemeanor, but prosecution for -12- LRB9104773LDfgA 1 possession of a laser device by juvenile under the age of 2 17 shall be initiated under the provisions of the 3 Juvenile Court Act of 1987 relating to delinquent minors. 4