Bill Text: IL HB5523 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that aggravated assault committed by using an air rifle, any device manufactured and designed to be substantially similar in appearance to a firearm, or a deadly weapon other than a firearm, is a Class 4 felony (rather than a Class A misdemeanor) when the victim is a peace officer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB5523 Detail]

Download: Illinois-2015-HB5523-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5523 Introduced , by Rep. Brian W. Stewart SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-2 from Ch. 38, par. 12-2
Amends the Criminal Code of 2012. Provides that aggravated assault committed by using an air rifle, any device manufactured and designed to be substantially similar in appearance to a firearm, or a deadly weapon other than a firearm, is a Class 4 felony (rather than a Class A misdemeanor) when the victim is a peace officer.
LRB099 18383 RLC 42758 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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 2012 is amended by changing
Section 12-2 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.

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(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical technician:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department

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of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports venue,
on an indoor playing field or outdoor playing field, or
within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:

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(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to a
firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes near or in the immediate vicinity of
any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical technician, employee
of a police department, employee of a sheriff's department,
or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6.5) Uses an air rifle, any device manufactured and

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designed to be substantially similar in appearance to a
firearm, or a deadly weapon other than a firearm against a
peace officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in a
manner which places a person, other than a person listed in
subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a
manner which places a person listed in subdivision (b)(4),
in reasonable apprehension of being struck by the moving
motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
(b)(10), (c)(2), (c)(5), (c)(6), (c)(6.5), or (c)(7) is a Class

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4 felony. Aggravated assault as defined in subdivision (c)(3)
or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section:
"Air rifle" has the meaning ascribed to that term in
Section 24.8-0.1 of this Code. ,
"Category I weapon", "Category II weapon, and "Category III
weapon" have the meanings ascribed to those terms in Section
33A-1 of this Code.
(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)