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91_SB0845sam002
LRB9104773RCksam02
1 AMENDMENT TO SENATE BILL 845
2 AMENDMENT NO. . Amend Senate Bill 845, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-2 and 12-4 and adding Sections 2-10.2,
7 2-10.3, and 12-8.1 as follows:
8 (720 ILCS 5/2-10.2 new)
9 Sec. 2-10.2. Laser or laser device. "Laser" or "laser
10 device" means any small or hand-held battery powered device
11 which converts incident electromagnetic radiation of mixed
12 frequencies to one or more discrete frequencies of highly
13 amplified and coherent visible radiation or light. Proof
14 that a particular device casts a small red dot or other
15 similar small and discrete image or small and discrete visual
16 signal upon a target surface at least 15 feet away creates a
17 rebuttable presumption that the device is a laser.
18 Flashlights and similar lamps, lanterns, lights, and
19 penlights are not laser devices.
20 (720 ILCS 5/2-10.3 new)
21 Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any
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1 battery powered laser device manufactured to function as a
2 firearm aiming device or sold as a firearm aiming device.
3 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
4 Sec. 12-2. Aggravated assault.
5 (a) A person commits an aggravated assault, when, in
6 committing an assault, he:
7 (1) Uses a deadly weapon or any device manufactured
8 and designed to be substantially similar in appearance to
9 a firearm, other than by discharging a firearm in the
10 direction of another person, a peace officer, a person
11 summoned or directed by a peace officer, a correctional
12 officer or a fireman or in the direction of a vehicle
13 occupied by another person, a peace officer, a person
14 summoned or directed by a peace officer, a correctional
15 officer or a fireman while the officer or fireman is
16 engaged in the execution of any of his official duties,
17 or to prevent the officer or fireman from performing his
18 official duties, or in retaliation for the officer or
19 fireman performing his official duties;
20 (2) Is hooded, robed or masked in such manner as to
21 conceal his identity or any device manufactured and
22 designed to be substantially similar in appearance to a
23 firearm;
24 (3) Knows the individual assaulted to be a teacher
25 or other person employed in any school and such teacher
26 or other employee is upon the grounds of a school or
27 grounds adjacent thereto, or is in any part of a building
28 used for school purposes;
29 (4) Knows the individual assaulted to be a
30 supervisor, director, instructor or other person employed
31 in any park district and such supervisor, director,
32 instructor or other employee is upon the grounds of the
33 park or grounds adjacent thereto, or is in any part of a
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1 building used for park purposes;
2 (5) Knows the individual assaulted to be a
3 caseworker, investigator, or other person employed by the
4 State Department of Public Aid, a County Department of
5 Public Aid, or the Department of Human Services (acting
6 as successor to the Illinois Department of Public Aid
7 under the Department of Human Services Act) and such
8 caseworker, investigator, or other person is upon the
9 grounds of a public aid office or grounds adjacent
10 thereto, or is in any part of a building used for public
11 aid purposes, or upon the grounds of a home of a public
12 aid applicant, recipient or any other person being
13 interviewed or investigated in the employees' discharge
14 of his duties, or on grounds adjacent thereto, or is in
15 any part of a building in which the applicant, recipient,
16 or other such person resides or is located;
17 (6) Knows the individual assaulted to be a peace
18 officer, or a community policing volunteer, or a fireman
19 while the officer or fireman is engaged in the execution
20 of any of his official duties, or to prevent the officer,
21 community policing volunteer, or fireman from performing
22 his official duties, or in retaliation for the officer,
23 community policing volunteer, or fireman performing his
24 official duties, and the assault is committed other than
25 by the discharge of a firearm in the direction of the
26 officer or fireman or in the direction of a vehicle
27 occupied by the officer or fireman;
28 (7) Knows the individual assaulted to be an
29 emergency medical technician - ambulance, emergency
30 medical technician - intermediate, emergency medical
31 technician - paramedic, ambulance driver or other medical
32 assistance or first aid personnel employed by a
33 municipality or other governmental unit engaged in the
34 execution of any of his official duties, or to prevent
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1 the emergency medical technician - ambulance, emergency
2 medical technician - intermediate, emergency medical
3 technician - paramedic, ambulance driver, or other
4 medical assistance or first aid personnel from performing
5 his official duties, or in retaliation for the emergency
6 medical technician - ambulance, emergency medical
7 technician - intermediate, emergency medical technician -
8 paramedic, ambulance driver, or other medical assistance
9 or first aid personnel performing his official duties;
10 (8) Knows the individual assaulted to be the
11 driver, operator, employee or passenger of any
12 transportation facility or system engaged in the business
13 of transportation of the public for hire and the
14 individual assaulted is then performing in such capacity
15 or then using such public transportation as a passenger
16 or using any area of any description designated by the
17 transportation facility or system as a vehicle boarding,
18 departure, or transfer location;
19 (9) Or the individual assaulted is on or about a
20 public way, public property, or public place of
21 accommodation or amusement;
22 (10) Knows the individual assaulted to be an
23 employee of the State of Illinois, a municipal
24 corporation therein or a political subdivision thereof,
25 engaged in the performance of his authorized duties as
26 such employee;
27 (11) Knowingly and without legal justification,
28 commits an assault on a physically handicapped person;
29 (12) Knowingly and without legal justification,
30 commits an assault on a person 60 years of age or older;
31 (13) Discharges a firearm;
32 (14) Knows the individual assaulted to be a
33 correctional officer, while the officer is engaged in the
34 execution of any of his or her official duties, or to
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1 prevent the officer from performing his or her official
2 duties, or in retaliation for the officer performing his
3 or her official duties; or
4 (15) Knows the individual assaulted to be a
5 correctional employee, while the employee is engaged in
6 the execution of any of his or her official duties, or to
7 prevent the employee from performing his or her official
8 duties, or in retaliation for the employee performing his
9 or her official duties, and the assault is committed
10 other than by the discharge of a firearm in the direction
11 of the employee or in the direction of a vehicle occupied
12 by the employee.
13 (a-5) A person commits an aggravated assault when he or
14 she knowingly and without lawful justification shines or
15 flashes a laser gunsight or other laser device that is
16 attached or affixed to a firearm, or used in concert with a
17 firearm, so that the laser beam strikes near or in the
18 immediate vicinity of any person.
19 (b) Sentence.
20 Aggravated assault as defined in paragraphs (1) through
21 (5) and (7) through (12) of subsection (a) of this Section is
22 a Class A misdemeanor. Aggravated assault as defined in
23 paragraphs (13), (14), and (15) of subsection (a) of this
24 Section and as defined in subsection (a-5) of this Section is
25 a Class 4 felony. Aggravated assault as defined in paragraph
26 (6) of subsection (a) of this Section is a Class A
27 misdemeanor if a firearm is not used in the commission of the
28 assault. Aggravated assault as defined in paragraph (6) of
29 subsection (a) of this Section is a Class 4 felony if a
30 firearm is used in the commission of the assault.
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 5/12-4) (from Ch. 38, par. 12-4)
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1 Sec. 12-4. Aggravated Battery.
2 (a) A person who, in committing a battery, intentionally
3 or knowingly causes great bodily harm, or permanent
4 disability or disfigurement commits aggravated battery.
5 (b) In committing a battery, a person commits aggravated
6 battery if he or she:
7 (1) Uses a deadly weapon other than by the
8 discharge of a firearm;
9 (2) Is hooded, robed or masked, in such manner as
10 to conceal his identity;
11 (3) Knows the individual harmed to be a teacher or
12 other person employed in any school and such teacher or
13 other employee is upon the grounds of a school or grounds
14 adjacent thereto, or is in any part of a building used
15 for school purposes;
16 (4) Knows the individual harmed to be a supervisor,
17 director, instructor or other person employed in any park
18 district and such supervisor, director, instructor or
19 other employee is upon the grounds of the park or grounds
20 adjacent thereto, or is in any part of a building used
21 for park purposes;
22 (5) Knows the individual harmed to be a caseworker,
23 investigator, or other person employed by the State
24 Department of Public Aid, a County Department of Public
25 Aid, or the Department of Human Services (acting as
26 successor to the Illinois Department of Public Aid under
27 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 employee's discharge
34 of his duties, or on grounds adjacent thereto, or is in
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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 harmed to be a peace
4 officer, a community policing volunteer, a correctional
5 institution employee, or a fireman while such officer,
6 volunteer, employee or fireman is engaged in the
7 execution of any official duties including arrest or
8 attempted arrest, or to prevent the officer, volunteer,
9 employee or fireman from performing official duties, or
10 in retaliation for the officer, volunteer, employee or
11 fireman performing official duties, and the battery is
12 committed other than by the discharge of a firearm;
13 (7) Knows the individual harmed to be an emergency
14 medical technician - ambulance, emergency medical
15 technician - intermediate, emergency medical technician -
16 paramedic, ambulance driver or other medical assistance
17 or first aid personnel engaged in the performance of any
18 of his or her official duties, or to prevent the
19 emergency medical technician - ambulance, emergency
20 medical technician - intermediate, emergency medical
21 technician - paramedic, ambulance driver, or other
22 medical assistance or first aid personnel from performing
23 official duties, or in retaliation for performing
24 official duties;
25 (8) Is, or the person battered is, on or about a
26 public way, public property or public place of
27 accommodation or amusement;
28 (9) Knows the individual harmed to be the driver,
29 operator, employee or passenger of any transportation
30 facility or system engaged in the business of
31 transportation of the public for hire and the individual
32 assaulted is then performing in such capacity or then
33 using such public transportation as a passenger or using
34 any area of any description designated by the
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1 transportation facility or system as a vehicle boarding,
2 departure, or transfer location;
3 (10) Knowingly and without legal justification and
4 by any means causes bodily harm to an individual of 60
5 years of age or older;
6 (11) Knows the individual harmed is pregnant;
7 (12) Knows the individual harmed to be a judge whom
8 the person intended to harm as a result of the judge's
9 performance of his or her official duties as a judge;
10 (13) Knows the individual harmed to be an employee
11 of the Illinois Department of Children and Family
12 Services engaged in the performance of his authorized
13 duties as such employee;
14 (14) Knows the individual harmed to be a person who
15 is physically handicapped; or
16 (15) Knowingly and without legal justification and
17 by any means causes bodily harm to a merchant who detains
18 the person for an alleged commission of retail theft
19 under Section 16A-5 of this Code. In this item (15),
20 "merchant" has the meaning ascribed to it in Section
21 16A-2.4 of this Code.
22 For the purpose of paragraph (14) of subsection (b) of
23 this Section, a physically handicapped person is a person who
24 suffers from a permanent and disabling physical
25 characteristic, resulting from disease, injury, functional
26 disorder or congenital condition.
27 (c) A person who administers to an individual or causes
28 him to take, without his consent or by threat or deception,
29 and for other than medical purposes, any intoxicating,
30 poisonous, stupefying, narcotic, anesthetic, or controlled
31 substance commits aggravated battery.
32 (d) A person who knowingly gives to another person any
33 food that contains any substance or object that is intended
34 to cause physical injury if eaten, commits aggravated
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1 battery.
2 (d-5) A person commits aggravated battery when he or she
3 knowingly and without lawful justification shines or flashes
4 a laser gunsight or other laser device that is attached or
5 affixed to a firearm, or used in concert with a firearm, so
6 that the laser beam strikes upon or against the person of
7 another.
8 (e) Sentence.
9 Aggravated battery is a Class 3 felony.
10 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
11 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
12 (720 ILCS 5/12-8.1 new)
13 Sec. 12-8.1. Aiming a laser pointer at a peace officer.
14 (a) A person commits the offense of aiming a laser
15 pointer at a peace officer when he or she intentionally or
16 knowingly shines or flashes a laser device at a person he or
17 she knows or reasonably should know to be a peace officer.
18 (b) Sentence. Aiming a laser pointer at a peace officer
19 is a Class A misdemeanor.".