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92_HB2294eng HB2294 Engrossed LRB9205090ARsb 1 AN ACT concerning criminal law. 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 Section 12-2 as follows: 6 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 7 Sec. 12-2. Aggravated assault. 8 (a) A person commits an aggravated assault, when, in 9 committing an assault, he: 10 (1) Uses a deadly weapon or any device manufactured 11 and designed to be substantially similar in appearance to 12 a firearm, other than by discharging a firearm in the 13 direction of another person, a peace officer, a person 14 summoned or directed by a peace officer, a correctional 15 officer or a fireman or in the direction of a vehicle 16 occupied by another person, a peace officer, a person 17 summoned or directed by a peace officer, a correctional 18 officer or a fireman while the officer or fireman is 19 engaged in the execution of any of his official duties, 20 or to prevent the officer or fireman from performing his 21 official duties, or in retaliation for the officer or 22 fireman performing his official duties; 23 (2) Is hooded, robed or masked in such manner as to 24 conceal his identity or any device manufactured and 25 designed to be substantially similar in appearance to a 26 firearm; 27 (3) Knows the individual assaulted to be a teacher 28 or other person employed in any school and such teacher 29 or other employee is upon the grounds of a school or 30 grounds adjacent thereto, or is in any part of a building 31 used for school purposes; HB2294 Engrossed -2- LRB9205090ARsb 1 (4) Knows the individual assaulted to be a 2 supervisor, director, instructor or other person employed 3 in any park district and such supervisor, director, 4 instructor or other employee is upon the grounds of the 5 park or grounds adjacent thereto, or is in any part of a 6 building used for park purposes; 7 (5) Knows the individual assaulted to be a 8 caseworker, investigator, or other person employed by the 9 State Department of Public Aid, a County Department of 10 Public Aid, or the Department of Human Services (acting 11 as successor to the Illinois Department of Public Aid 12 under the Department of Human Services Act) and such 13 caseworker, investigator, or other person is upon the 14 grounds of a public aid office or grounds adjacent 15 thereto, or is in any part of a building used for public 16 aid purposes, or upon the grounds of a home of a public 17 aid applicant, recipient or any other person being 18 interviewed or investigated in the employees' discharge 19 of his duties, or on grounds adjacent thereto, or is in 20 any part of a building in which the applicant, recipient, 21 or other such person resides or is located; 22 (6) Knows the individual assaulted to be a peace 23 officer, or a community policing volunteer, or a fireman 24 while the officer or fireman is engaged in the execution 25 of any of his official duties, or to prevent the officer, 26 community policing volunteer, or fireman from performing 27 his official duties, or in retaliation for the officer, 28 community policing volunteer, or fireman performing his 29 official duties, and the assault is committed other than 30 by the discharge of a firearm in the direction of the 31 officer or fireman or in the direction of a vehicle 32 occupied by the officer or fireman; 33 (7) Knows the individual assaulted to be an 34 emergency medical technician - ambulance, emergency HB2294 Engrossed -3- LRB9205090ARsb 1 medical technician - intermediate, emergency medical 2 technician - paramedic, ambulance driver or other medical 3 assistance or first aid personnel employed by a 4 municipality or other governmental unit engaged in the 5 execution of any of his official duties, or to prevent 6 the emergency medical technician - ambulance, emergency 7 medical technician - intermediate, emergency medical 8 technician - paramedic, ambulance driver, or other 9 medical assistance or first aid personnel from performing 10 his official duties, or in retaliation for the 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 performing his official duties; 15 (8) Knows the individual assaulted to be the 16 driver, operator, employee or passenger of any 17 transportation facility or system engaged in the business 18 of transportation of the public for hire and the 19 individual assaulted is then performing in such capacity 20 or then using such public transportation as a passenger 21 or using any area of any description designated by the 22 transportation facility or system as a vehicle boarding, 23 departure, or transfer location; 24 (9) Or the individual assaulted is on or about a 25 public way, public property, or public place of 26 accommodation or amusement; 27 (10) Knows the individual assaulted to be an 28 employee of the State of Illinois, a municipal 29 corporation therein or a political subdivision thereof, 30 engaged in the performance of his authorized duties as 31 such employee; 32 (11) Knowingly and without legal justification, 33 commits an assault on a physically handicapped person; 34 (12) Knowingly and without legal justification, HB2294 Engrossed -4- LRB9205090ARsb 1 commits an assault on a person 60 years of age or older; 2 (13) Discharges a firearm; 3 (14) Knows the individual assaulted to be a 4 correctional officer, while the officer is engaged in the 5 execution of any of his or her official duties, or to 6 prevent the officer from performing his or her official 7 duties, or in retaliation for the officer performing his 8 or her official duties;or9 (15) Knows the individual assaulted to be a 10 correctional employee, while the employee is engaged in 11 the execution of any of his or her official duties, or to 12 prevent the employee from performing his or her official 13 duties, or in retaliation for the employee performing his 14 or her official duties, and the assault is committed 15 other than by the discharge of a firearm in the direction 16 of the employee or in the direction of a vehicle occupied 17 by the employee; or.18 (16) While in a motor vehicle upon a public highway 19 of this State, knowingly displays a firearm to a person 20 in another motor vehicle. 21 (a-5) A person commits an aggravated assault when he or 22 she knowingly and without lawful justification shines or 23 flashes a laser gunsight or other laser device that is 24 attached or affixed to a firearm, or used in concert with a 25 firearm, so that the laser beam strikes near or in the 26 immediate vicinity of any person. 27 (b) Sentence. 28 Aggravated assault as defined in paragraphs (1) through 29 (5) and (7) through (12) of subsection (a) of this Section is 30 a Class A misdemeanor. Aggravated assault as defined in 31 paragraphs (13), (14),and(15), and (16) of subsection (a) 32 of this Section and as defined in subsection (a-5) of this 33 Section is a Class 4 felony. Aggravated assault as defined 34 in paragraph (6) of subsection (a) of this Section is a Class HB2294 Engrossed -5- LRB9205090ARsb 1 A misdemeanor if a firearm is not used in the commission of 2 the assault. Aggravated assault as defined in paragraph (6) 3 of subsection (a) of this Section is a Class 4 felony if a 4 firearm is used in the commission of the assault. 5 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 6 91-672, eff. 1-1-00.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.