Bill Amendment: IL SB1796 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AGG ASSAULT&BAT-VET&SERVICEMEM
Status: 2021-01-13 - Session Sine Die [SB1796 Detail]
Download: Illinois-2019-SB1796-Senate_Amendment_001.html
Bill Title: AGG ASSAULT&BAT-VET&SERVICEMEM
Status: 2021-01-13 - Session Sine Die [SB1796 Detail]
Download: Illinois-2019-SB1796-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1796
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2 | AMENDMENT NO. ______. Amend Senate Bill 1796 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 12-0.1, 12-2, and 12-3.05 as follows:
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6 | (720 ILCS 5/12-0.1)
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7 | Sec. 12-0.1. Definitions. In this Article, unless the | ||||||
8 | context clearly requires otherwise: | ||||||
9 | "Bona fide labor dispute" means any controversy concerning | ||||||
10 | wages, salaries, hours, working conditions, or benefits, | ||||||
11 | including health and welfare, sick leave, insurance, and | ||||||
12 | pension or retirement provisions, the making or maintaining of | ||||||
13 | collective bargaining agreements, and the terms to be included | ||||||
14 | in those agreements. | ||||||
15 | "Coach" means a person recognized as a coach by the | ||||||
16 | sanctioning authority that conducts an athletic contest. |
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1 | "Correctional institution employee" means a person | ||||||
2 | employed by a penal institution. | ||||||
3 | "Emergency medical services personnel" has the meaning | ||||||
4 | specified in Section 3.5 of the Emergency Medical Services | ||||||
5 | (EMS) Systems Act and shall include all ambulance crew members, | ||||||
6 | including drivers or pilots. | ||||||
7 | "Family or household members" include spouses, former | ||||||
8 | spouses, parents, children, stepchildren, and other persons | ||||||
9 | related by blood or by present or prior marriage, persons who | ||||||
10 | share or formerly shared a common dwelling, persons who have or | ||||||
11 | allegedly have a child in common, persons who share or | ||||||
12 | allegedly share a blood relationship through a child, persons | ||||||
13 | who have or have had a dating or engagement relationship, | ||||||
14 | persons with disabilities and their personal assistants, and | ||||||
15 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
16 | purposes of this Article, neither a casual acquaintanceship nor | ||||||
17 | ordinary fraternization between 2 individuals in business or | ||||||
18 | social contexts shall be deemed to constitute a dating | ||||||
19 | relationship. | ||||||
20 | "In the presence of a child" means in the physical presence | ||||||
21 | of a child or knowing or having reason to know that a child is | ||||||
22 | present and may see or hear an act constituting an offense. | ||||||
23 | "Park district employee" means a supervisor, director, | ||||||
24 | instructor, or other person employed by a park district. | ||||||
25 | "Person with a physical disability" means a person who | ||||||
26 | suffers from a permanent and disabling physical |
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1 | characteristic, resulting from disease, injury, functional | ||||||
2 | disorder, or congenital condition. | ||||||
3 | "Private security officer" means a registered employee of a | ||||||
4 | private security contractor agency under the Private | ||||||
5 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
6 | Vendor, and Locksmith Act of 2004. | ||||||
7 | "Probation officer" means a person as defined in the | ||||||
8 | Probation and Probation Officers Act. | ||||||
9 | "Servicemember" means a person who is currently serving in | ||||||
10 | the Army, Air Force, Marines, Navy, or Coast Guard on active | ||||||
11 | duty, reserve status, or in the National Guard. | ||||||
12 | "Sports official" means a person at an athletic contest who | ||||||
13 | enforces the rules of the contest, such as an umpire or | ||||||
14 | referee. | ||||||
15 | "Sports venue" means a publicly or privately owned sports | ||||||
16 | or entertainment arena, stadium, community or convention hall, | ||||||
17 | special event center, or amusement facility, or a special event | ||||||
18 | center in a public park, during the 12 hours before or after | ||||||
19 | the sanctioned sporting event. | ||||||
20 | "Streetgang", "streetgang member", and "criminal street | ||||||
21 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
22 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
23 | "Transit employee" means a driver, operator, or employee of | ||||||
24 | any transportation facility or system engaged in the business | ||||||
25 | of transporting the public for hire. | ||||||
26 | "Transit passenger" means a passenger of any |
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1 | transportation facility or system engaged in the business of | ||||||
2 | transporting the public for hire, including a passenger using | ||||||
3 | any area designated by a transportation facility or system as a | ||||||
4 | vehicle boarding, departure, or transfer location. | ||||||
5 | "Utility worker" means any of the following: | ||||||
6 | (1) A person employed by a public utility as defined in | ||||||
7 | Section 3-105 of the Public Utilities Act. | ||||||
8 | (2) An employee of a municipally owned utility. | ||||||
9 | (3) An employee of a cable television company. | ||||||
10 | (4) An employee of an electric cooperative as defined | ||||||
11 | in Section 3-119 of the Public Utilities Act. | ||||||
12 | (5) An independent contractor or an employee of an | ||||||
13 | independent contractor working on behalf of a cable | ||||||
14 | television company, public utility, municipally owned | ||||||
15 | utility, or electric cooperative. | ||||||
16 | (6) An employee of a telecommunications carrier as | ||||||
17 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
18 | an independent contractor or an employee of an independent | ||||||
19 | contractor working on behalf of a telecommunications | ||||||
20 | carrier. | ||||||
21 | (7) An employee of a telephone or telecommunications | ||||||
22 | cooperative as defined in Section 13-212 of the Public | ||||||
23 | Utilities Act, or an independent contractor or an employee | ||||||
24 | of an independent contractor working on behalf of a | ||||||
25 | telephone or telecommunications cooperative.
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26 | "Veteran" means a former servicemember who was discharged |
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1 | or released from service under conditions other than | ||||||
2 | dishonorable. | ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
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4 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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5 | Sec. 12-2. Aggravated assault.
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6 | (a) Offense based on location of conduct. A person commits | ||||||
7 | aggravated assault when he or she commits an assault against an | ||||||
8 | individual who is on or about a public way, public property, a | ||||||
9 | public place of accommodation or amusement, or a sports venue. | ||||||
10 | (b) Offense based on status of victim. A person commits | ||||||
11 | aggravated assault when, in committing an assault, he or she | ||||||
12 | knows the individual assaulted to be any of the following: | ||||||
13 | (1) A person with a physical disability or a person 60 | ||||||
14 | years of age or older and the assault is without legal | ||||||
15 | justification. | ||||||
16 | (1.5) A servicemember or veteran and the assault is | ||||||
17 | without legal justification. | ||||||
18 | (2) A teacher or school employee upon school grounds or | ||||||
19 | grounds adjacent to a school or in any part of a building | ||||||
20 | used for school purposes. | ||||||
21 | (3) A park district employee upon park grounds or | ||||||
22 | grounds adjacent to a park or in any part of a building | ||||||
23 | used for park purposes. | ||||||
24 | (4) A community policing volunteer, private security | ||||||
25 | officer, or utility worker: |
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1 | (i) performing his or her official duties; | ||||||
2 | (ii) assaulted to prevent performance of his or her | ||||||
3 | official duties; or | ||||||
4 | (iii) assaulted in retaliation for performing his | ||||||
5 | or her official duties. | ||||||
6 | (4.1) A peace officer, fireman, emergency management | ||||||
7 | worker, or emergency medical services personnel: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) assaulted to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) assaulted in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (5) A correctional officer or probation officer: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) assaulted to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) assaulted in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (6) A correctional institution employee, a county | ||||||
20 | juvenile detention center employee who provides direct and | ||||||
21 | continuous supervision of residents of a juvenile | ||||||
22 | detention center, including a county juvenile detention | ||||||
23 | center employee who supervises recreational activity for | ||||||
24 | residents of a juvenile detention center, or a Department | ||||||
25 | of Human Services employee, Department of Human Services | ||||||
26 | officer, or employee of a subcontractor of the Department |
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1 | of Human Services supervising or controlling sexually | ||||||
2 | dangerous persons or sexually violent persons: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) assaulted to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) assaulted in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (7) An employee of the State of Illinois, a municipal | ||||||
9 | corporation therein, or a political subdivision thereof, | ||||||
10 | performing his or her official duties. | ||||||
11 | (8) A transit employee performing his or her official | ||||||
12 | duties, or a transit passenger. | ||||||
13 | (9) A sports official or coach actively participating | ||||||
14 | in any level of athletic competition within a sports venue, | ||||||
15 | on an indoor playing field or outdoor playing field, or | ||||||
16 | within the immediate vicinity of such a facility or field. | ||||||
17 | (10) A person authorized to serve process under Section | ||||||
18 | 2-202 of the Code of Civil Procedure or a special process | ||||||
19 | server appointed by the circuit court, while that | ||||||
20 | individual is in the performance of his or her duties as a | ||||||
21 | process server. | ||||||
22 | (c) Offense based on use of firearm, device, or motor | ||||||
23 | vehicle. A person commits aggravated assault when, in | ||||||
24 | committing an assault, he or she does any of the following: | ||||||
25 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
26 | Section 24.8-0.1 of this Act, or any device manufactured |
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1 | and designed to be substantially similar in appearance to a | ||||||
2 | firearm, other than by discharging a firearm. | ||||||
3 | (2) Discharges a firearm, other than from a motor | ||||||
4 | vehicle. | ||||||
5 | (3) Discharges a firearm from a motor vehicle. | ||||||
6 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
7 | identity. | ||||||
8 | (5) Knowingly and without lawful justification shines | ||||||
9 | or flashes a laser gun sight or other laser device attached | ||||||
10 | to a firearm, or used in concert with a firearm, so that | ||||||
11 | the laser beam strikes near or in the immediate vicinity of | ||||||
12 | any person. | ||||||
13 | (6) Uses a firearm, other than by discharging the | ||||||
14 | firearm, against a peace officer, community policing | ||||||
15 | volunteer, fireman, private security officer, emergency | ||||||
16 | management worker, emergency medical services personnel, | ||||||
17 | employee of a police department, employee of a sheriff's | ||||||
18 | department, or traffic control municipal employee: | ||||||
19 | (i) performing his or her official duties; | ||||||
20 | (ii) assaulted to prevent performance of his or her | ||||||
21 | official duties; or | ||||||
22 | (iii) assaulted in retaliation for performing his | ||||||
23 | or her official duties. | ||||||
24 | (7) Without justification operates a motor vehicle in a | ||||||
25 | manner which places a person, other than a person listed in | ||||||
26 | subdivision (b)(4), in reasonable apprehension of being |
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1 | struck by the moving motor vehicle. | ||||||
2 | (8) Without justification operates a motor vehicle in a | ||||||
3 | manner which places a person listed in subdivision (b)(4), | ||||||
4 | in reasonable apprehension of being struck by the moving | ||||||
5 | motor vehicle. | ||||||
6 | (9) Knowingly video or audio records the offense with | ||||||
7 | the intent to disseminate the recording. | ||||||
8 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
9 | (a), (b)(1), (b)(1.5), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), | ||||||
10 | (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | ||||||
11 | except that aggravated assault as defined in subdivision (b)(4) | ||||||
12 | and (b)(7) is a Class 4 felony if a Category I, Category II, or | ||||||
13 | Category III weapon is used in the commission of the assault. | ||||||
14 | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | ||||||
15 | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 | ||||||
16 | felony. Aggravated assault as defined in subdivision (c)(3) or | ||||||
17 | (c)(8) is a Class 3 felony. | ||||||
18 | (e) For the purposes of this Section, "Category I weapon", | ||||||
19 | "Category II weapon, and "Category III weapon" have the | ||||||
20 | meanings ascribed to those terms in Section 33A-1 of this Code.
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21 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||||||
22 | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
23 | 99-816, eff. 8-15-16.)
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24 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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25 | Sec. 12-3.05. Aggravated battery.
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1 | (a) Offense based on injury. A person commits aggravated | ||||||
2 | battery when, in committing a battery, other than by the | ||||||
3 | discharge of a firearm, he or she knowingly does any of the | ||||||
4 | following: | ||||||
5 | (1) Causes great bodily harm or permanent disability or | ||||||
6 | disfigurement. | ||||||
7 | (2) Causes severe and permanent disability, great | ||||||
8 | bodily harm, or disfigurement by means of a caustic or | ||||||
9 | flammable substance, a poisonous gas, a deadly biological | ||||||
10 | or chemical contaminant or agent, a radioactive substance, | ||||||
11 | or a bomb or explosive compound. | ||||||
12 | (3) Causes great bodily harm or permanent disability or | ||||||
13 | disfigurement to an individual whom the person knows to be | ||||||
14 | a peace officer, community policing volunteer, fireman, | ||||||
15 | private security officer, correctional institution | ||||||
16 | employee, or Department of Human Services employee | ||||||
17 | supervising or controlling sexually dangerous persons or | ||||||
18 | sexually violent persons: | ||||||
19 | (i) performing his or her official duties; | ||||||
20 | (ii) battered to prevent performance of his or her | ||||||
21 | official duties; or | ||||||
22 | (iii) battered in retaliation for performing his | ||||||
23 | or her official duties. | ||||||
24 | (4) Causes great bodily harm or permanent disability or | ||||||
25 | disfigurement to an individual 60 years of age or older. | ||||||
26 | (5) Strangles another individual. |
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1 | (b) Offense based on injury to a child or person with an | ||||||
2 | intellectual disability. A person who is at least 18 years of | ||||||
3 | age commits aggravated battery when, in committing a battery, | ||||||
4 | he or she knowingly and without legal justification by any | ||||||
5 | means: | ||||||
6 | (1) causes great bodily harm or permanent disability or | ||||||
7 | disfigurement to any child under the age of 13 years, or to | ||||||
8 | any person with a severe or profound intellectual | ||||||
9 | disability; or | ||||||
10 | (2) causes bodily harm or disability or disfigurement | ||||||
11 | to any child under the age of 13 years or to any person | ||||||
12 | with a severe or profound intellectual disability. | ||||||
13 | (c) Offense based on location of conduct. A person commits | ||||||
14 | aggravated battery when, in committing a battery, other than by | ||||||
15 | the discharge of a firearm, he or she is or the person battered | ||||||
16 | is on or about a public way, public property, a public place of | ||||||
17 | accommodation or amusement, a sports venue, or a domestic | ||||||
18 | violence shelter. | ||||||
19 | (d) Offense based on status of victim. A person commits | ||||||
20 | aggravated battery when, in committing a battery, other than by | ||||||
21 | discharge of a firearm, he or she knows the individual battered | ||||||
22 | to be any of the following: | ||||||
23 | (1) A person 60 years of age or older. | ||||||
24 | (1.5) A servicemember or veteran. | ||||||
25 | (2) A person who is pregnant or has a physical | ||||||
26 | disability. |
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1 | (3) A teacher or school employee upon school grounds or | ||||||
2 | grounds adjacent to a school or in any part of a building | ||||||
3 | used for school purposes. | ||||||
4 | (4) A peace officer, community policing volunteer, | ||||||
5 | fireman, private security officer, correctional | ||||||
6 | institution employee, or Department of Human Services | ||||||
7 | employee supervising or controlling sexually dangerous | ||||||
8 | persons or sexually violent persons: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (5) A judge, emergency management worker, emergency | ||||||
15 | medical services personnel, or utility worker: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (6) An officer or employee of the State of Illinois, a | ||||||
22 | unit of local government, or a school district, while | ||||||
23 | performing his or her official duties. | ||||||
24 | (7) A transit employee performing his or her official | ||||||
25 | duties, or a transit passenger. | ||||||
26 | (8) A taxi driver on duty. |
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1 | (9) A merchant who detains the person for an alleged | ||||||
2 | commission of retail theft under Section 16-26 of this Code | ||||||
3 | and the person without legal justification by any means | ||||||
4 | causes bodily harm to the merchant. | ||||||
5 | (10) A person authorized to serve process under Section | ||||||
6 | 2-202 of the Code of Civil Procedure or a special process | ||||||
7 | server appointed by the circuit court while that individual | ||||||
8 | is in the performance of his or her duties as a process | ||||||
9 | server. | ||||||
10 | (11) A nurse while in the performance of his or her | ||||||
11 | duties as a nurse. | ||||||
12 | (e) Offense based on use of a firearm. A person commits | ||||||
13 | aggravated battery when, in committing a battery, he or she | ||||||
14 | knowingly does any of the following: | ||||||
15 | (1) Discharges a firearm, other than a machine gun or a | ||||||
16 | firearm equipped with a silencer, and causes any injury to | ||||||
17 | another person. | ||||||
18 | (2) Discharges a firearm, other than a machine gun or a | ||||||
19 | firearm equipped with a silencer, and causes any injury to | ||||||
20 | a person he or she knows to be a peace officer, community | ||||||
21 | policing volunteer, person summoned by a police officer, | ||||||
22 | fireman, private security officer, correctional | ||||||
23 | institution employee, or emergency management worker: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) battered to prevent performance of his or her | ||||||
26 | official duties; or |
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1 | (iii) battered in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (3) Discharges a firearm, other than a machine gun or a | ||||||
4 | firearm equipped with a silencer, and causes any injury to | ||||||
5 | a person he or she knows to be emergency medical services | ||||||
6 | personnel: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (4) Discharges a firearm and causes any injury to a | ||||||
13 | person he or she knows to be a teacher, a student in a | ||||||
14 | school, or a school employee, and the teacher, student, or | ||||||
15 | employee is upon school grounds or grounds adjacent to a | ||||||
16 | school or in any part of a building used for school | ||||||
17 | purposes. | ||||||
18 | (5) Discharges a machine gun or a firearm equipped with | ||||||
19 | a silencer, and causes any injury to another person. | ||||||
20 | (6) Discharges a machine gun or a firearm equipped with | ||||||
21 | a silencer, and causes any injury to a person he or she | ||||||
22 | knows to be a peace officer, community policing volunteer, | ||||||
23 | person summoned by a police officer, fireman, private | ||||||
24 | security officer, correctional institution employee or | ||||||
25 | emergency management worker: | ||||||
26 | (i) performing his or her official duties; |
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1 | (ii) battered to prevent performance of his or her | ||||||
2 | official duties; or | ||||||
3 | (iii) battered in retaliation for performing his | ||||||
4 | or her official duties. | ||||||
5 | (7) Discharges a machine gun or a firearm equipped with | ||||||
6 | a silencer, and causes any injury to a person he or she | ||||||
7 | knows to be emergency medical services personnel: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) battered to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) battered in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (8) Discharges a machine gun or a firearm equipped with | ||||||
14 | a silencer, and causes any injury to a person he or she | ||||||
15 | knows to be a teacher, or a student in a school, or a | ||||||
16 | school employee, and the teacher, student, or employee is | ||||||
17 | upon school grounds or grounds adjacent to a school or in | ||||||
18 | any part of a building used for school purposes. | ||||||
19 | (f) Offense based on use of a weapon or device. A person | ||||||
20 | commits aggravated battery when, in committing a battery, he or | ||||||
21 | she does any of the following: | ||||||
22 | (1) Uses a deadly weapon other than by discharge of a | ||||||
23 | firearm, or uses an air rifle as defined in Section | ||||||
24 | 24.8-0.1 of this Code. | ||||||
25 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
26 | identity. |
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1 | (3) Knowingly and without lawful justification shines | ||||||
2 | or flashes a laser gunsight or other laser device attached | ||||||
3 | to a firearm, or used in concert with a firearm, so that | ||||||
4 | the laser beam strikes upon or against the person of | ||||||
5 | another. | ||||||
6 | (4) Knowingly video or audio records the offense with | ||||||
7 | the intent to disseminate the recording. | ||||||
8 | (g) Offense based on certain conduct. A person commits | ||||||
9 | aggravated battery when, other than by discharge of a firearm, | ||||||
10 | he or she does any of the following: | ||||||
11 | (1) Violates Section 401 of the Illinois Controlled | ||||||
12 | Substances Act by unlawfully delivering a controlled | ||||||
13 | substance to another and any user experiences great bodily | ||||||
14 | harm or permanent disability as a result of the injection, | ||||||
15 | inhalation, or ingestion of any amount of the controlled | ||||||
16 | substance. | ||||||
17 | (2) Knowingly administers to an individual or causes | ||||||
18 | him or her to take, without his or her consent or by threat | ||||||
19 | or deception, and for other than medical purposes, any | ||||||
20 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
21 | or controlled substance, or gives to another person any | ||||||
22 | food containing any substance or object intended to cause | ||||||
23 | physical injury if eaten. | ||||||
24 | (3) Knowingly causes or attempts to cause a | ||||||
25 | correctional institution employee or Department of Human | ||||||
26 | Services employee to come into contact with blood, seminal |
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1 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
2 | the fluid or material, and the person is an inmate of a | ||||||
3 | penal institution or is a sexually dangerous person or | ||||||
4 | sexually violent person in the custody of the Department of | ||||||
5 | Human Services. | ||||||
6 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
7 | battery is a Class 3 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(4), | ||||||
9 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
11 | (g)(1) is a Class 1 felony. | ||||||
12 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
13 | Class 1 felony when the aggravated battery was intentional and | ||||||
14 | involved the infliction of torture, as defined in paragraph | ||||||
15 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
16 | infliction of or subjection to extreme physical pain, motivated | ||||||
17 | by an intent to increase or prolong the pain, suffering, or | ||||||
18 | agony of the victim. | ||||||
19 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
20 | felony if: | ||||||
21 | (A) the person used or attempted to use a dangerous
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22 | instrument while committing the offense; or | ||||||
23 | (B) the person caused great bodily harm or
permanent | ||||||
24 | disability or disfigurement to the other
person while | ||||||
25 | committing the offense; or | ||||||
26 | (C) the person has been previously convicted of a
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1 | violation of subdivision (a)(5) under the laws of this
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2 | State or laws similar to subdivision (a)(5) of any other
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3 | state. | ||||||
4 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
5 | Class X felony. | ||||||
6 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
7 | Class X felony for which a person shall be sentenced to a term | ||||||
8 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
9 | years. | ||||||
10 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
11 | Class X felony for which a person shall be sentenced to a term | ||||||
12 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
13 | years. | ||||||
14 | Aggravated battery as defined in subdivision (e)(2), | ||||||
15 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
16 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
17 | and a maximum of 60 years. | ||||||
18 | Aggravated battery as defined in subdivision (e)(6), | ||||||
19 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
20 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
21 | and a maximum of 60 years. | ||||||
22 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
23 | Class X felony, except that: | ||||||
24 | (1) if the person committed the offense while armed | ||||||
25 | with a firearm, 15 years shall be added to the term of | ||||||
26 | imprisonment imposed by the court; |
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1 | (2) if, during the commission of the offense, the | ||||||
2 | person personally discharged a firearm, 20 years shall be | ||||||
3 | added to the term of imprisonment imposed by the court; | ||||||
4 | (3) if, during the commission of the offense, the | ||||||
5 | person personally discharged a firearm that proximately | ||||||
6 | caused great bodily harm, permanent disability, permanent | ||||||
7 | disfigurement, or death to another person, 25 years or up | ||||||
8 | to a term of natural life shall be added to the term of | ||||||
9 | imprisonment imposed by the court. | ||||||
10 | (i) Definitions. For the purposes of this Section: | ||||||
11 | "Building or other structure used to provide shelter" has | ||||||
12 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
13 | Violence Shelters Act. | ||||||
14 | "Domestic violence" has the meaning ascribed to it in | ||||||
15 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
16 | "Domestic violence shelter" means any building or other | ||||||
17 | structure used to provide shelter or other services to victims | ||||||
18 | or to the dependent children of victims of domestic violence | ||||||
19 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
20 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
21 | such a building or other structure in the case of a person who | ||||||
22 | is going to or from such a building or other structure. | ||||||
23 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
24 | Firearm Owners Identification Card Act, and does
not include an | ||||||
25 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
26 | "Machine gun" has the meaning ascribed to it in Section |
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1 | 24-1 of this Code. | ||||||
2 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
3 | of this Code. | ||||||
4 | "Strangle" means
intentionally impeding the normal | ||||||
5 | breathing or circulation of the blood of an individual by | ||||||
6 | applying pressure on the throat
or neck of that individual or | ||||||
7 | by blocking the nose or mouth of
that individual.
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8 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
9 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)".
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