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92_HB2375eng HB2375 Engrossed LRB9204656ARsb 1 AN ACT in relation to 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 Sections 12-2 and 36-1 and adding Section 12-4.11 as 6 follows: 7 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 8 Sec. 12-2. Aggravated assault. 9 (a) A person commits an aggravated assault, when, in 10 committing an assault, he: 11 (1) Uses a deadly weapon or any device manufactured 12 and designed to be substantially similar in appearance to 13 a firearm, other than by discharging a firearm in the 14 direction of another person, a peace officer, a person 15 summoned or directed by a peace officer, a correctional 16 officer or a fireman or in the direction of a vehicle 17 occupied by another person, a peace officer, a person 18 summoned or directed by a peace officer, a correctional 19 officer or a fireman while the officer or fireman is 20 engaged in the execution of any of his official duties, 21 or to prevent the officer or fireman from performing his 22 official duties, or in retaliation for the officer or 23 fireman performing his official duties; 24 (2) Is hooded, robed or masked in such manner as to 25 conceal his identity or any device manufactured and 26 designed to be substantially similar in appearance to a 27 firearm; 28 (3) Knows the individual assaulted to be a teacher 29 or other person employed in any school and such teacher 30 or other employee is upon the grounds of a school or 31 grounds adjacent thereto, or is in any part of a building HB2375 Engrossed -2- LRB9204656ARsb 1 used for school purposes; 2 (4) Knows the individual assaulted to be a 3 supervisor, director, instructor or other person employed 4 in any park district and such supervisor, director, 5 instructor or other employee is upon the grounds of the 6 park or grounds adjacent thereto, or is in any part of a 7 building used for park purposes; 8 (5) Knows the individual assaulted to be a 9 caseworker, investigator, or other person employed by the 10 State Department of Public Aid, a County Department of 11 Public Aid, or the Department of Human Services (acting 12 as successor to the Illinois Department of Public Aid 13 under the Department of Human Services Act) and such 14 caseworker, investigator, or other person is upon the 15 grounds of a public aid office or grounds adjacent 16 thereto, or is in any part of a building used for public 17 aid purposes, or upon the grounds of a home of a public 18 aid applicant, recipient or any other person being 19 interviewed or investigated in the employees' discharge 20 of his duties, or on grounds adjacent thereto, or is in 21 any part of a building in which the applicant, recipient, 22 or other such person resides or is located; 23 (6) Knows the individual assaulted to be a peace 24 officer, or a community policing volunteer, or a fireman 25 while the officer or fireman is engaged in the execution 26 of any of his official duties, or to prevent the officer, 27 community policing volunteer, or fireman from performing 28 his official duties, or in retaliation for the officer, 29 community policing volunteer, or fireman performing his 30 official duties, and the assault is committed other than 31 by the discharge of a firearm in the direction of the 32 officer or fireman or in the direction of a vehicle 33 occupied by the officer or fireman; 34 (7) Knows the individual assaulted to be an HB2375 Engrossed -3- LRB9204656ARsb 1 emergency medical technician - ambulance, emergency 2 medical technician - intermediate, emergency medical 3 technician - paramedic, ambulance driver or other medical 4 assistance or first aid personnel employed by a 5 municipality or other governmental unit engaged in the 6 execution of any of his official duties, or to prevent 7 the emergency medical technician - ambulance, emergency 8 medical technician - intermediate, emergency medical 9 technician - paramedic, ambulance driver, or other 10 medical assistance or first aid personnel from performing 11 his official duties, or in retaliation for the emergency 12 medical technician - ambulance, emergency medical 13 technician - intermediate, emergency medical technician - 14 paramedic, ambulance driver, or other medical assistance 15 or first aid personnel performing his official duties; 16 (8) Knows the individual assaulted to be the 17 driver, operator, employee or passenger of any 18 transportation facility or system engaged in the business 19 of transportation of the public for hire and the 20 individual assaulted is then performing in such capacity 21 or then using such public transportation as a passenger 22 or using any area of any description designated by the 23 transportation facility or system as a vehicle boarding, 24 departure, or transfer location; 25 (9) Or the individual assaulted is on or about a 26 public way, public property, or public place of 27 accommodation or amusement; 28 (10) Knows the individual assaulted to be an 29 employee of the State of Illinois, a municipal 30 corporation therein or a political subdivision thereof, 31 engaged in the performance of his authorized duties as 32 such employee; 33 (11) Knowingly and without legal justification, 34 commits an assault on a physically handicapped person; HB2375 Engrossed -4- LRB9204656ARsb 1 (12) Knowingly and without legal justification, 2 commits an assault on a person 60 years of age or older; 3 (13) Discharges a firearm; 4 (14) Knows the individual assaulted to be a 5 correctional officer, while the officer is engaged in the 6 execution of any of his or her official duties, or to 7 prevent the officer from performing his or her official 8 duties, or in retaliation for the officer performing his 9 or her official duties;or10 (15) Knows the individual assaulted to be a 11 correctional employee, while the employee is engaged in 12 the execution of any of his or her official duties, or to 13 prevent the employee from performing his or her official 14 duties, or in retaliation for the employee performing his 15 or her official duties, and the assault is committed 16 other than by the discharge of a firearm in the direction 17 of the employee or in the direction of a vehicle occupied 18 by the employee; or 19 (16) Uses a motor vehicle as defined in Section 20 1-146 of the Illinois Vehicle Code. 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) of subsection (a) of this 32 Section and as defined in subsection (a-5) of this Section is 33 a Class 4 felony. Aggravated assault as defined in paragraph 34 (16) of subsection (a) of this Section is a Class 3 felony. HB2375 Engrossed -5- LRB9204656ARsb 1 Aggravated assault as defined in paragraph (6) of subsection 2 (a) of this Section is a Class A misdemeanor if a firearm is 3 not used in the commission of the assault. Aggravated 4 assault as defined in paragraph (6) of subsection (a) of this 5 Section is a Class 4 felony if a firearm is used in the 6 commission of the assault. 7 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 8 91-672, eff. 1-1-00.) 9 (720 ILCS 5/12-4.11 new) 10 Sec. 12-4.11. Aggravated battery with a motor vehicle. 11 (a) A person commits aggravated battery with a motor 12 vehicle when he or she, in committing a battery, knowingly or 13 intentionally causes great bodily harm or permanent 14 disability or disfigurement by means of the operation or use 15 of a motor vehicle. 16 (b) For the purpose of this Section, "motor vehicle" has 17 the meaning ascribed to it in Section 1-146 of the Illinois 18 Vehicle Code. 19 (c) Sentence. Aggravated battery with a motor vehicle is 20 a Class 1 felony. 21 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 22 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 23 used with the knowledge and consent of the owner in the 24 commission of, or in the attempt to commit as defined in 25 Section 8-4 of this Code, an offense prohibited by (a) 26 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 27 11-20.1, 12-4.11, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 28 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, 29 or paragraph (a) of Section 12-15 of this Code, paragraphor30paragraphs(a), (c), or (d) of Section 12-16 of this Code, or 31 paragraph (16) of subsection (a) of Section 12-2 of this 32 Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax HB2375 Engrossed -6- LRB9204656ARsb 1 Act if the vessel, vehicle or aircraft contains more than 10 2 cartons of such cigarettes; (c) Section 28, 29 or 30 of the 3 Cigarette Use Tax Act if the vessel, vehicle or aircraft 4 contains more than 10 cartons of such cigarettes; (d) Section 5 44 of the Environmental Protection Act; (e) 11-204.1 of the 6 Illinois Vehicle Code; or (f) the offenses described in the 7 following provisions of the Illinois Vehicle Code: Section 8 11-501 subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), 9 or (d)(1)(D); may be seized and delivered forthwith to the 10 sheriff of the county of seizure. 11 Within 15 days after such delivery the sheriff shall give 12 notice of seizure to each person according to the following 13 method: Upon each such person whose right, title or interest 14 is of record in the office of the Secretary of State, the 15 Secretary of Transportation, the Administrator of the Federal 16 Aviation Agency, or any other Department of this State, or 17 any other state of the United States if such vessel, vehicle 18 or aircraft is required to be so registered, as the case may 19 be, by mailing a copy of the notice by certified mail to the 20 address as given upon the records of the Secretary of State, 21 the Department of Aeronautics, Department of Public Works and 22 Buildings or any other Department of this State or the United 23 States if such vessel, vehicle or aircraft is required to be 24 so registered. Within that 15 day period the sheriff shall 25 also notify the State's Attorney of the county of seizure 26 about the seizure. 27 In addition, any mobile or portable equipment used in the 28 commission of an act which is in violation of Section 7g of 29 the Metropolitan Water Reclamation District Act shall be 30 subject to seizure and forfeiture under the same procedures 31 provided in this Article for the seizure and forfeiture of 32 vessels, vehicles and aircraft, and any such equipment shall 33 be deemed a vessel, vehicle or aircraft for purposes of this 34 Article. HB2375 Engrossed -7- LRB9204656ARsb 1 When a person discharges a firearm at another individual 2 from a vehicle with the knowledge and consent of the owner of 3 the vehicle and with the intent to cause death or great 4 bodily harm to that individual and as a result causes death 5 or great bodily harm to that individual, the vehicle shall be 6 subject to seizure and forfeiture under the same procedures 7 provided in this Article for the seizure and forfeiture of 8 vehicles used in violations of clauses (a), (b), (c), or (d) 9 of this Section. 10 If the spouse of the owner of a vehicle seized for a 11 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3), 12 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois 13 Vehicle Code or Section 9-3 of this Code makes a showing that 14 the seized vehicle is the only source of transportation and 15 it is determined that the financial hardship to the family as 16 a result of the seizure outweighs the benefit to the State 17 from the seizure, the vehicle may be forfeited to the spouse 18 or family member and the title to the vehicle shall be 19 transferred to the spouse or family member who is properly 20 licensed and who requires the use of the vehicle for 21 employment or family transportation purposes. A written 22 declaration of forfeiture of a vehicle under this Section 23 shall be sufficient cause for the title to be transferred to 24 the spouse or family member. The provisions of this 25 paragraph shall apply only to one forfeiture per vehicle. If 26 the vehicle is the subject of a subsequent forfeiture 27 proceeding by virtue of a subsequent conviction of either 28 spouse or the family member, the spouse or family member to 29 whom the vehicle was forfeited under the first forfeiture 30 proceeding may not utilize the provisions of this paragraph 31 in another forfeiture proceeding. If the owner of the 32 vehicle seized owns more than one vehicle, the procedure set 33 out in this paragraph may be used for only one vehicle. 34 Property declared contraband under Section 40 of the HB2375 Engrossed -8- LRB9204656ARsb 1 Illinois Streetgang Terrorism Omnibus Prevention Act may be 2 seized and forfeited under this Article. 3 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 4 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 91-876, eff. 5 1-1-01.)