State of Illinois
91st General Assembly
Legislation

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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; or
24             (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        

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