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92_HB4179ren HB4179 Re-Enrolled LRB9212477RCcd 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 12-4 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; HB4179 Re-Enrolled -2- LRB9212477RCcd 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 HB4179 Re-Enrolled -3- LRB9212477RCcd 1 medical technician - intermediate, emergency medical 2 technician - paramedic, ambulance driver or other medical 3 assistance or first aid personnelemployed by a4municipality or other governmental unitengaged 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, HB4179 Re-Enrolled -4- LRB9212477RCcd 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) Knows the individual assaulted to be an 19 employee of a police or sheriff's department engaged in 20 the performance of his or her official duties as such 21 employee. 22 (a-5) A person commits an aggravated assault when he or 23 she knowingly and without lawful justification shines or 24 flashes a laser gunsight or other laser device that is 25 attached or affixed to a firearm, or used in concert with a 26 firearm, so that the laser beam strikes near or in the 27 immediate vicinity of any person. 28 (b) Sentence. 29 Aggravated assault as defined in paragraphs (1) through 30 (5) and (8)(7)through (12) of subsection (a) of this 31 Section is a Class A misdemeanor. Aggravated assault as 32 defined in paragraphs (13), (14), and (15) of subsection (a) 33 of this Section and as defined in subsection (a-5) of this 34 Section is a Class 4 felony. Aggravated assault as defined HB4179 Re-Enrolled -5- LRB9212477RCcd 1 in paragraphsparagraph(6), (7), and (16) of subsection (a) 2 of this Section is a Class A misdemeanor if a firearm is not 3 used in the commission of the assault. Aggravated assault as 4 defined in paragraphsparagraph(6), (7), and (16) of 5 subsection (a) of this Section is a Class 4 felony if a 6 firearm is used in the 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) (from Ch. 38, par. 12-4) 10 Sec. 12-4. Aggravated Battery. 11 (a) A person who, in committing a battery, intentionally 12 or knowingly causes great bodily harm, or permanent 13 disability or disfigurement commits aggravated battery. 14 (b) In committing a battery, a person commits aggravated 15 battery if he or she: 16 (1) Uses a deadly weapon other than by the 17 discharge of a firearm; 18 (2) Is hooded, robed or masked, in such manner as 19 to conceal his identity; 20 (3) Knows the individual harmed to be a teacher or 21 other person employed in any school and such teacher or 22 other employee is upon the grounds of a school or grounds 23 adjacent thereto, or is in any part of a building used 24 for school purposes; 25 (4) Knows the individual harmed to be a supervisor, 26 director, instructor or other person employed in any park 27 district and such supervisor, director, instructor or 28 other employee is upon the grounds of the park or grounds 29 adjacent thereto, or is in any part of a building used 30 for park purposes; 31 (5) Knows the individual harmed to be a caseworker, 32 investigator, or other person employed by the State 33 Department of Public Aid, a County Department of Public HB4179 Re-Enrolled -6- LRB9212477RCcd 1 Aid, or the Department of Human Services (acting as 2 successor to the Illinois Department of Public Aid under 3 the Department of Human Services Act) and such 4 caseworker, investigator, or other person is upon the 5 grounds of a public aid office or grounds adjacent 6 thereto, or is in any part of a building used for public 7 aid purposes, or upon the grounds of a home of a public 8 aid applicant, recipient, or any other person being 9 interviewed or investigated in the employee's discharge 10 of his duties, or on grounds adjacent thereto, or is in 11 any part of a building in which the applicant, recipient, 12 or other such person resides or is located; 13 (6) Knows the individual harmed to be a peace 14 officer, a community policing volunteer, a correctional 15 institution employee, or a fireman while such officer, 16 volunteer, employee or fireman is engaged in the 17 execution of any official duties including arrest or 18 attempted arrest, or to prevent the officer, volunteer, 19 employee or fireman from performing official duties, or 20 in retaliation for the officer, volunteer, employee or 21 fireman performing official duties, and the battery is 22 committed other than by the discharge of a firearm; 23 (7) Knows the individual harmed to be an emergency 24 medical technician - ambulance, emergency medical 25 technician - intermediate, emergency medical technician - 26 paramedic, ambulance driver, other medical assistance, 27 first aid personnel, or hospital emergency room personnel 28 engaged in the performance of any of his or her official 29 duties, or to prevent the emergency medical technician - 30 ambulance, emergency medical technician - intermediate, 31 emergency medical technician - paramedic, ambulance 32 driver, other medical assistance, first aid personnel, or 33 hospital emergency room personnel from performing 34 official duties, or in retaliation for performing HB4179 Re-Enrolled -7- LRB9212477RCcd 1 official duties; 2 (8) Is, or the person battered is, on or about a 3 public way, public property or public place of 4 accommodation or amusement; 5 (9) Knows the individual harmed to be the driver, 6 operator, employee or passenger of any transportation 7 facility or system engaged in the business of 8 transportation of the public for hire and the individual 9 assaulted is then performing in such capacity or then 10 using such public transportation as a passenger or using 11 any area of any description designated by the 12 transportation facility or system as a vehicle boarding, 13 departure, or transfer location; 14 (10) Knowingly and without legal justification and 15 by any means causes bodily harm to an individual of 60 16 years of age or older; 17 (11) Knows the individual harmed is pregnant; 18 (12) Knows the individual harmed to be a judge whom 19 the person intended to harm as a result of the judge's 20 performance of his or her official duties as a judge; 21 (13) Knows the individual harmed to be an employee 22 of the Illinois Department of Children and Family 23 Services engaged in the performance of his authorized 24 duties as such employee; 25 (14) Knows the individual harmed to be a person who 26 is physically handicapped; 27 (15) Knowingly and without legal justification and 28 by any means causes bodily harm to a merchant who detains 29 the person for an alleged commission of retail theft 30 under Section 16A-5 of this Code. In this item (15), 31 "merchant" has the meaning ascribed to it in Section 32 16A-2.4 of this Code;or33 (16) Is, or the person battered is, in any building 34 or other structure used to provide shelter or other HB4179 Re-Enrolled -8- LRB9212477RCcd 1 services to victims or to the dependent children of 2 victims of domestic violence pursuant to the Illinois 3 Domestic Violence Act of 1986 or the Domestic Violence 4 Shelters Act, or the person battered is within 500 feet 5 of such a building or other structure while going to or 6 from such a building or other structure. "Domestic 7 violence" has the meaning ascribed to it in Section 103 8 of the Illinois Domestic Violence Act of 1986. "Building 9 or other structure used to provide shelter" has the 10 meaning ascribed to "shelter" in Section 1 of the 11 Domestic Violence Shelters Act; or.12 (17) Knows the individual harmed to be an employee 13 of a police or sheriff's department engaged in the 14 performance of his or her official duties as such 15 employee. 16 For the purpose of paragraph (14) of subsection (b) of 17 this Section, a physically handicapped person is a person who 18 suffers from a permanent and disabling physical 19 characteristic, resulting from disease, injury, functional 20 disorder or congenital condition. 21 (c) A person who administers to an individual or causes 22 him to take, without his consent or by threat or deception, 23 and for other than medical purposes, any intoxicating, 24 poisonous, stupefying, narcotic, anesthetic, or controlled 25 substance commits aggravated battery. 26 (d) A person who knowingly gives to another person any 27 food that contains any substance or object that is intended 28 to cause physical injury if eaten, commits aggravated 29 battery. 30 (d-3) A person commits aggravated battery when he or she 31 knowingly and without lawful justification shines or flashes 32 a laser gunsight or other laser device that is attached or 33 affixed to a firearm, or used in concert with a firearm, so 34 that the laser beam strikes upon or against the person of HB4179 Re-Enrolled -9- LRB9212477RCcd 1 another. 2 (d-5) An inmate of a penal institution who causes or 3 attempts to cause a correctional employee of the penal 4 institution to come into contact with blood, seminal fluid, 5 urine, or feces, by throwing, tossing, or expelling that 6 fluid or material commits aggravated battery. For purposes 7 of this subsection (d-5), "correctional employee" means a 8 person who is employed by a penal institution. 9 (e) Sentence. 10 Aggravated battery is a Class 3 felony. 11 (Source: P.A. 91-357, eff. 7-29-99; 91-488, eff. 1-1-00; 12 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; 92-16, eff. 13 6-28-01; 92-516, eff. 1-1-02.) 14 Section 99. Effective date. This Act takes effect on 15 January 1, 2003.