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| Public Act 097-0467
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| HB0233 Enrolled | LRB097 05943 RLC 46012 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 12-4 as follows:
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(720 ILCS 5/12-4)
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Sec. 12-4. Aggravated Battery.
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(a) A person who, in committing a battery, intentionally or |
knowingly
causes great bodily harm, or permanent disability or |
disfigurement commits
aggravated battery.
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(b) In committing a battery, a person commits aggravated |
battery if he or
she:
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(1) Uses a deadly weapon other than by the discharge of |
a firearm, or uses an air rifle as defined in the Air Rifle |
Act;
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(2) Is hooded, robed or masked, in such manner as to |
conceal his
identity;
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(3) Knows the individual harmed to be a teacher or |
other person
employed in any school and such teacher or |
other employee is upon the
grounds of a school or grounds |
adjacent thereto, or is in any part of a
building used for |
school purposes;
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(4) (Blank);
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(5) (Blank);
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(6) Knows the individual harmed to be a community
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policing volunteer while
such volunteer is engaged in the |
execution of
any official duties, or to prevent the |
volunteer from performing official duties, or in
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retaliation for the volunteer performing official
duties, |
and the battery is committed other than by the discharge of |
a firearm;
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(7) Knows the individual harmed to be an emergency |
medical technician -
ambulance, emergency medical |
technician - intermediate, emergency medical
technician - |
paramedic, ambulance driver, other medical assistance, |
first
aid personnel, or hospital personnel engaged in the
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performance of any of his or her official duties,
or to |
prevent the emergency medical technician - ambulance, |
emergency medical
technician - intermediate, emergency |
medical technician - paramedic, ambulance
driver, other |
medical assistance, first aid personnel, or
hospital |
personnel from performing
official duties, or in |
retaliation for performing official duties;
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(8) Is, or the person battered is, on or about a public |
way, public
property or public place of accommodation or |
amusement;
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(8.5) Is, or the person battered is, on a publicly or |
privately owned sports or entertainment arena, stadium, |
community or convention hall, special event center, |
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amusement facility, or a special event center in a public |
park during any 24-hour period when a professional sporting |
event, National Collegiate Athletic Association |
(NCAA)-sanctioned sporting event, United States Olympic |
Committee-sanctioned sporting event, or International |
Olympic Committee-sanctioned sporting event is taking |
place in this venue;
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(9) Knows the individual harmed to be the driver, |
operator, employee
or passenger of any transportation |
facility or system engaged in the
business of |
transportation of the public for hire and the individual
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assaulted is then performing in such capacity or then using |
such public
transportation as a passenger or using any area |
of any description
designated by the transportation |
facility or system as a vehicle
boarding, departure, or |
transfer location;
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(10) Knows the individual harmed to be an individual of |
60 years of age or older;
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(11) Knows the individual harmed is pregnant;
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(12) Knows the individual harmed to be a judge whom the
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person intended to harm as a result of the judge's |
performance of his or
her official duties as a judge;
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(13) (Blank);
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(14) Knows the individual harmed to be a person who is |
physically
handicapped;
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(15) Knowingly and without legal justification and by |
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any means causes
bodily harm to a merchant who detains the |
person for an alleged commission of
retail theft under |
Section 16A-5 of this Code.
In this item (15), "merchant" |
has the meaning ascribed to it in Section
16A-2.4 of this |
Code;
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(16) Is, or the person battered is, in any building or |
other structure
used to provide shelter or other services |
to victims or to the dependent
children of victims of |
domestic violence pursuant to the Illinois Domestic
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Violence Act of 1986 or the Domestic Violence Shelters Act, |
or the person
battered is within 500 feet of such a |
building or other structure while going
to or from such a |
building or other structure. "Domestic violence" has the
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meaning ascribed to it in Section 103 of the Illinois |
Domestic Violence Act of
1986. "Building or other structure |
used to provide shelter" has the meaning
ascribed to |
"shelter" in Section 1 of the Domestic Violence Shelters |
Act;
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(17) (Blank);
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(18) Knows the individual harmed to be an officer or |
employee of the State of Illinois, a unit of local |
government, or school district engaged in the performance |
of his or her authorized duties as such officer or |
employee; |
(19) Knows the individual harmed to be an emergency |
management worker
engaged in the performance of any of his |
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or her official duties, or to prevent
the emergency |
management worker from performing official duties, or in
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retaliation for the emergency management worker performing |
official duties; |
(20) Knows the individual harmed to be a private |
security officer engaged in the performance of any of his |
or her official duties, or to prevent
the private security |
officer from performing official duties, or in
retaliation |
for the private security officer performing official |
duties; or |
(21)
Knows the individual harmed to be a taxi driver |
and the battery is committed while the taxi driver is on |
duty; or |
(22)
Knows the individual harmed to be a utility |
worker, while the utility worker is engaged in the |
execution of his or her duties, or to prevent the utility |
worker from performing his or her duties, or in retaliation |
for the utility worker performing his or her duties. In |
this paragraph (22), "utility worker" means a person |
employed by a public utility as defined in Section 3-105 of |
the Public Utilities Act and also includes an employee of a |
municipally owned utility, an employee of a cable |
television company, an employee of an electric
cooperative |
as defined in Section 3-119 of the Public Utilities
Act, an |
independent contractor or an employee of an independent
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contractor working on behalf of a cable television company, |
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public utility, municipally
owned utility, or an electric |
cooperative, or an employee of a
telecommunications |
carrier as defined in Section 13-202 of the
Public |
Utilities Act, an independent contractor or an employee of
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an independent contractor working on behalf of a
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telecommunications carrier, or an employee of a telephone |
or
telecommunications cooperative as defined in Section |
13-212 of
the Public Utilities Act, or an independent |
contractor or an
employee of an independent contractor |
working on behalf of a
telephone or telecommunications |
cooperative.
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For the purpose of paragraph (14) of subsection (b) of this |
Section, a
physically handicapped person is a person who |
suffers from a permanent and
disabling physical |
characteristic, resulting from disease, injury,
functional |
disorder or congenital condition.
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For the purpose of paragraph (20) of subsection (b) and |
subsection (e) of this Section, "private security officer" |
means a registered employee of a private security contractor |
agency under the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of 2004. |
(c) A person who administers to an individual or causes him |
to take,
without his consent or by threat or deception, and for |
other than
medical purposes, any intoxicating, poisonous, |
stupefying, narcotic,
anesthetic, or controlled substance |
commits aggravated battery.
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(d) A person who knowingly gives to another person any food |
that
contains any substance or object that is intended to cause |
physical
injury if eaten, commits aggravated battery.
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(d-3) A person commits aggravated battery when he or she |
knowingly and
without lawful justification shines or flashes a |
laser gunsight or other laser
device that is attached or |
affixed to a firearm, or used in concert with a
firearm, so |
that the laser beam strikes upon or against the person of |
another.
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(d-5) An inmate of a penal institution or a sexually |
dangerous person or a
sexually violent person in the custody of |
the Department of Human Services
who causes or attempts to |
cause a
correctional employee of the penal institution or an |
employee of the
Department of Human Services to come into |
contact with blood,
seminal fluid, urine, or feces, by |
throwing, tossing, or expelling that fluid
or material commits |
aggravated battery. For purposes of this subsection (d-5),
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"correctional employee" means a person who is employed by a |
penal institution.
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(d-6) A person commits aggravated battery when he or she, |
in committing a battery, strangles another individual. For the |
purposes of this subsection (d-6), "strangle" means |
intentionally impeding the normal breathing or circulation of |
the blood of an individual by applying pressure on the throat |
or neck of that individual or by blocking the nose or mouth of |
that individual. |
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(e) Sentence.
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(1) Except as otherwise provided in paragraphs (2), |
(3), (4), and (5), and (5.5), aggravated battery is a Class |
3 felony. |
(2) Aggravated battery that does not cause great bodily |
harm or permanent disability or disfigurement is a Class 2 |
felony when the person knows
the individual harmed to be a |
peace officer, a community
policing volunteer, a private |
security officer, a correctional institution employee, an
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employee of the Department of Human Services supervising or
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controlling sexually dangerous persons or sexually violent
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persons, or a fireman while such officer, volunteer, |
employee,
or fireman is engaged in the execution of any |
official duties
including arrest or attempted arrest, or to |
prevent the
officer, volunteer, employee, or fireman from |
performing
official duties, or in retaliation for the |
officer, volunteer,
employee, or fireman performing |
official duties, and the
battery is committed other than by |
the discharge of a firearm.
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(3) Aggravated battery that causes great bodily harm or |
permanent disability or disfigurement in
violation of |
subsection (a)
is a Class 1 felony when the person knows |
the individual harmed to be a peace
officer, a community
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policing volunteer, a private security officer, a |
correctional institution employee, an employee
of the |
Department of Human Services supervising or controlling |
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sexually
dangerous persons or sexually violent persons, or |
a fireman while
such officer, volunteer, employee, or |
fireman is engaged in the execution of
any official duties |
including arrest or attempted arrest, or to prevent the
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officer, volunteer, employee, or fireman from performing |
official duties, or in
retaliation for the officer, |
volunteer, employee, or fireman performing official
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duties, and the battery is committed other than by the |
discharge of a firearm.
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(4) Aggravated battery under subsection (d-5) is a |
Class 2 felony. |
(5) Aggravated battery under subsection (d-6) is a |
Class 1 felony if: |
(A) the person used or attempted to use a dangerous |
instrument while committing the offense; or |
(B) the person caused great bodily harm or |
permanent disability or disfigurement to the other |
person while committing the offense; or |
(C) the person has been previously convicted of a |
violation of subsection (d-6) under the laws of this |
State or laws similar to subsection (d-6) of any other |
state.
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(5.5) Aggravated battery that causes great bodily harm |
or permanent disability or disfigurement in violation of |
subsection (a) is a Class 1 felony when the aggravated |
battery was intentional and involved the infliction of |
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torture, as defined in paragraph (14) of subsection (b) of |
Section 9-1 of this Code, as the infliction of or |
subjection to extreme physical pain, motivated by an intent |
to increase or prolong the pain, suffering, or agony of the |
victim. |
(6) For purposes of this subsection (e), the term |
"firearm" shall have the meaning provided under Section 1.1 |
of the Firearms Owners Identification Card Act, and shall |
not include an air rifle as defined by Section 1 of the Air |
Rifle Act. |
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, |
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, |
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; |
96-1000, eff. 7-2-10.)
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