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92_SB0175ren SB175 Re-enrolled LRB9203392RCcd 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 Section 12-4 as follows: 6 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 7 Sec. 12-4. Aggravated Battery. 8 (a) A person who, in committing a battery, intentionally 9 or knowingly causes great bodily harm, or permanent 10 disability or disfigurement commits aggravated battery. 11 (b) In committing a battery, a person commits aggravated 12 battery if he or she: 13 (1) Uses a deadly weapon other than by the 14 discharge of a firearm; 15 (2) Is hooded, robed or masked, in such manner as 16 to conceal his identity; 17 (3) Knows the individual harmed to be a teacher or 18 other person employed in any school and such teacher or 19 other employee is upon the grounds of a school or grounds 20 adjacent thereto, or is in any part of a building used 21 for school purposes; 22 (4) Knows the individual harmed to be a supervisor, 23 director, instructor or other person employed in any park 24 district and such supervisor, director, instructor or 25 other employee is upon the grounds of the park or grounds 26 adjacent thereto, or is in any part of a building used 27 for park purposes; 28 (5) Knows the individual harmed to be a caseworker, 29 investigator, or other person employed by the State 30 Department of Public Aid, a County Department of Public 31 Aid, or the Department of Human Services (acting as SB175 Re-enrolled -2- LRB9203392RCcd 1 successor to the Illinois Department of Public Aid under 2 the Department of Human Services Act) and such 3 caseworker, investigator, or other person is upon the 4 grounds of a public aid office or grounds adjacent 5 thereto, or is in any part of a building used for public 6 aid purposes, or upon the grounds of a home of a public 7 aid applicant, recipient, or any other person being 8 interviewed or investigated in the employee's discharge 9 of his duties, or on grounds adjacent thereto, or is in 10 any part of a building in which the applicant, recipient, 11 or other such person resides or is located; 12 (6) Knows the individual harmed to be a peace 13 officer, a community policing volunteer, a correctional 14 institution employee, or a fireman while such officer, 15 volunteer, employee or fireman is engaged in the 16 execution of any official duties including arrest or 17 attempted arrest, or to prevent the officer, volunteer, 18 employee or fireman from performing official duties, or 19 in retaliation for the officer, volunteer, employee or 20 fireman performing official duties, and the battery is 21 committed other than by the discharge of a firearm; 22 (7) Knows the individual harmed to be an emergency 23 medical technician - ambulance, emergency medical 24 technician - intermediate, emergency medical technician - 25 paramedic, ambulance driver, other medical assistance, 26 first aid personnel, or hospital emergency room personnel 27 engaged in the performance of any of his or her official 28 duties, or to prevent the emergency medical technician - 29 ambulance, emergency medical technician - intermediate, 30 emergency medical technician - paramedic, ambulance 31 driver, other medical assistance, first aid personnel, or 32 hospital emergency room personnel from performing 33 official duties, or in retaliation for performing 34 official duties; SB175 Re-enrolled -3- LRB9203392RCcd 1 (8) Is, or the person battered is, on or about a 2 public way, public property or public place of 3 accommodation or amusement; 4 (9) Knows the individual harmed to be the driver, 5 operator, employee or passenger of any transportation 6 facility or system engaged in the business of 7 transportation of the public for hire and the individual 8 assaulted is then performing in such capacity or then 9 using such public transportation as a passenger or using 10 any area of any description designated by the 11 transportation facility or system as a vehicle boarding, 12 departure, or transfer location; 13 (10) Knowingly and without legal justification and 14 by any means causes bodily harm to an individual of 60 15 years of age or older; 16 (11) Knows the individual harmed is pregnant; 17 (12) Knows the individual harmed to be a judge whom 18 the person intended to harm as a result of the judge's 19 performance of his or her official duties as a judge; 20 (13) Knows the individual harmed to be an employee 21 of the Illinois Department of Children and Family 22 Services engaged in the performance of his authorized 23 duties as such employee; 24 (14) Knows the individual harmed to be a person who 25 is physically handicapped;or26 (15) Knowingly and without legal justification and 27 by any means causes bodily harm to a merchant who detains 28 the person for an alleged commission of retail theft 29 under Section 16A-5 of this Code. In this item (15), 30 "merchant" has the meaning ascribed to it in Section 31 16A-2.4 of this Code; or.32 (16) Is, or the person battered is, in any building 33 or other structure used to provide shelter or other 34 services to victims or to the dependent children of SB175 Re-enrolled -4- LRB9203392RCcd 1 victims of domestic violence pursuant to the Illinois 2 Domestic Violence Act of 1986 or the Domestic Violence 3 Shelters Act, or the person battered is within 500 feet 4 of such a building or other structure while going to or 5 from such a building or other structure. "Domestic 6 violence" has the meaning ascribed to it in Section 103 7 of the Illinois Domestic Violence Act of 1986. "Building 8 or other structure used to provide shelter" has the 9 meaning ascribed to "shelter" in Section 1 of the 10 Domestic Violence Shelters Act. 11 For the purpose of paragraph (14) of subsection (b) of 12 this Section, a physically handicapped person is a person who 13 suffers from a permanent and disabling physical 14 characteristic, resulting from disease, injury, functional 15 disorder or congenital condition. 16 (c) A person who administers to an individual or causes 17 him to take, without his consent or by threat or deception, 18 and for other than medical purposes, any intoxicating, 19 poisonous, stupefying, narcotic, anesthetic, or controlled 20 substance commits aggravated battery. 21 (d) A person who knowingly gives to another person any 22 food that contains any substance or object that is intended 23 to cause physical injury if eaten, commits aggravated 24 battery. 25 (d-3)(d-5)A person commits aggravated battery when he 26 or she knowingly and without lawful justification shines or 27 flashes a laser gunsight or other laser device that is 28 attached or affixed to a firearm, or used in concert with a 29 firearm, so that the laser beam strikes upon or against the 30 person of another. 31 (d-5) An inmate of a penal institution who causes or 32 attempts to cause a correctional employee of the penal 33 institution to come into contact with blood, seminal fluid, 34 urine, or feces, by throwing, tossing, or expelling that SB175 Re-enrolled -5- LRB9203392RCcd 1 fluid or material commits aggravated battery. For purposes 2 of this subsection (d-5), "correctional employee" means a 3 person who is employed by a penal institution. 4 (e) Sentence. 5 Aggravated battery is a Class 3 felony. 6 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99; 7 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff. 8 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised 9 1-7-00.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.