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91_SB0845ren SB845 Re-enrolled 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 5. The Criminal Code of 1961 is amended by 5 changing Sections 12-2 and 12-4 and adding Sections 2-10.2 6 and 2-10.3 as follows: 7 (720 ILCS 5/2-10.2 new) 8 Sec. 2-10.2. Laser or laser device. "Laser" or "laser 9 device" means any small or hand-held battery powered device 10 which converts incident electromagnetic radiation of mixed 11 frequencies to one or more discrete frequencies of highly 12 amplified and coherent visible radiation or light. Proof 13 that a particular device casts a small red dot or other 14 similar small and discrete image or small and discrete visual 15 signal upon a target surface at least 15 feet away creates a 16 rebuttable presumption that the device is a laser. 17 Flashlights and similar lamps, lanterns, lights, and 18 penlights are not laser devices. 19 (720 ILCS 5/2-10.3 new) 20 Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any 21 battery powered laser device manufactured to function as a 22 firearm aiming device or sold as a firearm aiming device. 23 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 24 Sec. 12-2. Aggravated assault. 25 (a) A person commits an aggravated assault, when, in 26 committing an assault, he: 27 (1) Uses a deadly weapon or any device manufactured 28 and designed to be substantially similar in appearance to 29 a firearm, other than by discharging a firearm in the SB845 Re-enrolled -2- LRB9104773LDfgA 1 direction of another person, a peace officer, a person 2 summoned or directed by a peace officer, a correctional 3 officer or a fireman or in the direction of a vehicle 4 occupied by another person, a peace officer, a person 5 summoned or directed by a peace officer, a correctional 6 officer or a fireman while the officer or fireman is 7 engaged in the execution of any of his official duties, 8 or to prevent the officer or fireman from performing his 9 official duties, or in retaliation for the officer or 10 fireman performing his official duties; 11 (2) Is hooded, robed or masked in such manner as to 12 conceal his identity or any device manufactured and 13 designed to be substantially similar in appearance to a 14 firearm; 15 (3) Knows the individual assaulted to be a teacher 16 or other person employed in any school and such teacher 17 or other employee is upon the grounds of a school or 18 grounds adjacent thereto, or is in any part of a building 19 used for school purposes; 20 (4) Knows the individual assaulted to be a 21 supervisor, director, instructor or other person employed 22 in any park district and such supervisor, director, 23 instructor or other employee is upon the grounds of the 24 park or grounds adjacent thereto, or is in any part of a 25 building used for park purposes; 26 (5) Knows the individual assaulted to be a 27 caseworker, investigator, or other person employed by the 28 State Department of Public Aid, a County Department of 29 Public Aid, or the Department of Human Services (acting 30 as successor to the Illinois Department of Public Aid 31 under the Department of Human Services Act) and such 32 caseworker, investigator, or other person is upon the 33 grounds of a public aid office or grounds adjacent 34 thereto, or is in any part of a building used for public SB845 Re-enrolled -3- LRB9104773LDfgA 1 aid purposes, or upon the grounds of a home of a public 2 aid applicant, recipient or any other person being 3 interviewed or investigated in the employees' discharge 4 of his duties, or on grounds adjacent thereto, or is in 5 any part of a building in which the applicant, recipient, 6 or other such person resides or is located; 7 (6) Knows the individual assaulted to be a peace 8 officer, or a community policing volunteer, or a fireman 9 while the officer or fireman is engaged in the execution 10 of any of his official duties, or to prevent the officer, 11 community policing volunteer, or fireman from performing 12 his official duties, or in retaliation for the officer, 13 community policing volunteer, or fireman performing his 14 official duties, and the assault is committed other than 15 by the discharge of a firearm in the direction of the 16 officer or fireman or in the direction of a vehicle 17 occupied by the officer or fireman; 18 (7) Knows the individual assaulted to be an 19 emergency medical technician - ambulance, emergency 20 medical technician - intermediate, emergency medical 21 technician - paramedic, ambulance driver or other medical 22 assistance or first aid personnel employed by a 23 municipality or other governmental unit engaged in the 24 execution of any of his official duties, or to prevent 25 the emergency medical technician - ambulance, emergency 26 medical technician - intermediate, emergency medical 27 technician - paramedic, ambulance driver, or other 28 medical assistance or first aid personnel from performing 29 his official duties, or in retaliation for the emergency 30 medical technician - ambulance, emergency medical 31 technician - intermediate, emergency medical technician - 32 paramedic, ambulance driver, or other medical assistance 33 or first aid personnel performing his official duties; 34 (8) Knows the individual assaulted to be the SB845 Re-enrolled -4- LRB9104773LDfgA 1 driver, operator, employee or passenger of any 2 transportation facility or system engaged in the business 3 of transportation of the public for hire and the 4 individual assaulted is then performing in such capacity 5 or then using such public transportation as a passenger 6 or using any area of any description designated by the 7 transportation facility or system as a vehicle boarding, 8 departure, or transfer location; 9 (9) Or the individual assaulted is on or about a 10 public way, public property, or public place of 11 accommodation or amusement; 12 (10) Knows the individual assaulted to be an 13 employee of the State of Illinois, a municipal 14 corporation therein or a political subdivision thereof, 15 engaged in the performance of his authorized duties as 16 such employee; 17 (11) Knowingly and without legal justification, 18 commits an assault on a physically handicapped person; 19 (12) Knowingly and without legal justification, 20 commits an assault on a person 60 years of age or older; 21 (13) Discharges a firearm; 22 (14) Knows the individual assaulted to be a 23 correctional officer, while the officer is engaged in the 24 execution of any of his or her official duties, or to 25 prevent the officer from performing his or her official 26 duties, or in retaliation for the officer performing his 27 or her official duties; or 28 (15) Knows the individual assaulted to be a 29 correctional employee, while the employee is engaged in 30 the execution of any of his or her official duties, or to 31 prevent the employee from performing his or her official 32 duties, or in retaliation for the employee performing his 33 or her official duties, and the assault is committed 34 other than by the discharge of a firearm in the direction SB845 Re-enrolled -5- LRB9104773LDfgA 1 of the employee or in the direction of a vehicle occupied 2 by the employee. 3 (a-5) A person commits an aggravated assault when he or 4 she knowingly and without lawful justification shines or 5 flashes a laser gunsight or other laser device that is 6 attached or affixed to a firearm, or used in concert with a 7 firearm, so that the laser beam strikes near or in the 8 immediate vicinity of any person. 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) of subsection (a) of this 14 Section and as defined in subsection (a-5) of this Section is 15 a Class 4 felony. Aggravated assault as defined in paragraph 16 (6) of subsection (a) of this Section is a Class A 17 misdemeanor if a firearm is not used in the commission of the 18 assault. Aggravated assault as defined in paragraph (6) of 19 subsection (a) of this Section is a Class 4 felony if a 20 firearm is used in the commission of the assault. 21 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 22 90-651, eff. 1-1-99.) 23 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 24 Sec. 12-4. Aggravated Battery. 25 (a) A person who, in committing a battery, intentionally 26 or knowingly causes great bodily harm, or permanent 27 disability or disfigurement commits aggravated battery. 28 (b) In committing a battery, a person commits aggravated 29 battery if he or she: 30 (1) Uses a deadly weapon other than by the 31 discharge of a firearm; 32 (2) Is hooded, robed or masked, in such manner as 33 to conceal his identity; SB845 Re-enrolled -6- LRB9104773LDfgA 1 (3) Knows the individual harmed to be a teacher or 2 other person employed in any school and such teacher or 3 other employee is upon the grounds of a school or grounds 4 adjacent thereto, or is in any part of a building used 5 for school purposes; 6 (4) Knows the individual harmed to be a supervisor, 7 director, instructor or other person employed in any park 8 district and such supervisor, director, instructor or 9 other employee is upon the grounds of the park or grounds 10 adjacent thereto, or is in any part of a building used 11 for park purposes; 12 (5) Knows the individual harmed to be a caseworker, 13 investigator, or other person employed by the State 14 Department of Public Aid, a County Department of Public 15 Aid, or the Department of Human Services (acting as 16 successor to the Illinois Department of Public Aid under 17 the Department of Human Services Act) and such 18 caseworker, investigator, or other person is upon the 19 grounds of a public aid office or grounds adjacent 20 thereto, or is in any part of a building used for public 21 aid purposes, or upon the grounds of a home of a public 22 aid applicant, recipient, or any other person being 23 interviewed or investigated in the employee's discharge 24 of his duties, or on grounds adjacent thereto, or is in 25 any part of a building in which the applicant, recipient, 26 or other such person resides or is located; 27 (6) Knows the individual harmed to be a peace 28 officer, a community policing volunteer, a correctional 29 institution employee, or a fireman while such officer, 30 volunteer, employee or fireman is engaged in the 31 execution of any official duties including arrest or 32 attempted arrest, or to prevent the officer, volunteer, 33 employee or fireman from performing official duties, or 34 in retaliation for the officer, volunteer, employee or SB845 Re-enrolled -7- LRB9104773LDfgA 1 fireman performing official duties, and the battery is 2 committed other than by the discharge of a firearm; 3 (7) Knows the individual harmed to be an emergency 4 medical technician - ambulance, emergency medical 5 technician - intermediate, emergency medical technician - 6 paramedic, ambulance driver or other medical assistance 7 or first aid personnel engaged in the performance of any 8 of his or her official duties, or to prevent the 9 emergency medical technician - ambulance, emergency 10 medical technician - intermediate, emergency medical 11 technician - paramedic, ambulance driver, or other 12 medical assistance or first aid personnel from performing 13 official duties, or in retaliation for performing 14 official duties; 15 (8) Is, or the person battered is, on or about a 16 public way, public property or public place of 17 accommodation or amusement; 18 (9) Knows the individual harmed to be the driver, 19 operator, employee or passenger of any transportation 20 facility or system engaged in the business of 21 transportation of the public for hire and the individual 22 assaulted is then performing in such capacity or then 23 using such public transportation as a passenger or using 24 any area of any description designated by the 25 transportation facility or system as a vehicle boarding, 26 departure, or transfer location; 27 (10) Knowingly and without legal justification and 28 by any means causes bodily harm to an individual of 60 29 years of age or older; 30 (11) Knows the individual harmed is pregnant; 31 (12) Knows the individual harmed to be a judge whom 32 the person intended to harm as a result of the judge's 33 performance of his or her official duties as a judge; 34 (13) Knows the individual harmed to be an employee SB845 Re-enrolled -8- LRB9104773LDfgA 1 of the Illinois Department of Children and Family 2 Services engaged in the performance of his authorized 3 duties as such employee; 4 (14) Knows the individual harmed to be a person who 5 is physically handicapped; or 6 (15) Knowingly and without legal justification and 7 by any means causes bodily harm to a merchant who detains 8 the person for an alleged commission of retail theft 9 under Section 16A-5 of this Code. In this item (15), 10 "merchant" has the meaning ascribed to it in Section 11 16A-2.4 of this Code. 12 For the purpose of paragraph (14) of subsection (b) of 13 this Section, a physically handicapped person is a person who 14 suffers from a permanent and disabling physical 15 characteristic, resulting from disease, injury, functional 16 disorder or congenital condition. 17 (c) A person who administers to an individual or causes 18 him to take, without his consent or by threat or deception, 19 and for other than medical purposes, any intoxicating, 20 poisonous, stupefying, narcotic, anesthetic, or controlled 21 substance commits aggravated battery. 22 (d) A person who knowingly gives to another person any 23 food that contains any substance or object that is intended 24 to cause physical injury if eaten, commits aggravated 25 battery. 26 (d-5) A person commits aggravated battery when he or she 27 knowingly and without lawful justification shines or flashes 28 a laser gunsight or other laser device that is attached or 29 affixed to a firearm, or used in concert with a firearm, so 30 that the laser beam strikes upon or against the person of 31 another. 32 (e) Sentence. 33 Aggravated battery is a Class 3 felony. 34 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; SB845 Re-enrolled -9- LRB9104773LDfgA 1 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.) 2 Section 99. Effective date. This Act shall take effect 3 January 1, 2000.