Bill Text: IL HB3004 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning aggravated battery.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3004 Detail]

Download: Illinois-2011-HB3004-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3004 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-4
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning aggravated battery.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 12-4 as follows:
(720 ILCS 5/12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in in committing a battery, intentionally
or knowingly causes great bodily harm, or permanent disability
or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(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;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(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;
(4) (Blank);

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(5) (Blank);
(6) Knows the individual harmed to be a community
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
retaliation for the volunteer performing official duties,
and the battery is committed other than by the discharge of
a firearm;
(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
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;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(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;
(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
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;
(10) Knows the individual harmed to be an individual of
60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who is
physically handicapped;
(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;
(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
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
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;
(17) (Blank);
(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
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
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
an independent contractor working on behalf of a
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.
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.
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.
(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.
(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),
"correctional employee" means a person who is employed by a
penal institution.
(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.
(1) Except as otherwise provided in paragraphs (2),
(3), (4), and (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
employee of the Department of Human Services supervising or
controlling 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 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.
(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
policing volunteer, a private security officer, a
correctional institution employee, an employee of the
Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or

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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.
(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.
(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.

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(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.)