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| Public Act 097-0225
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| SB1754 Enrolled | LRB097 09951 RLC 50117 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 12-2 as follows:
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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Sec. 12-2. Aggravated assault.
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(a) A person commits an aggravated assault, when, in |
committing an
assault, he:
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(1) Uses a deadly weapon, an air rifle as defined in |
the Air Rifle Act, or any device manufactured and designed |
to be
substantially similar in appearance to a firearm, |
other than by
discharging a firearm in the direction of |
another person, a peace
officer, a person summoned or |
directed by a peace officer, a correctional
officer, a |
private security officer, or a fireman or in the direction |
of a vehicle occupied by another
person, a peace officer, a |
person summoned or directed by a peace officer,
a |
correctional officer, a private security officer, or a |
fireman while the officer or fireman is
engaged in the |
execution of any of his official duties, or to prevent the
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officer or fireman from performing his official duties, or |
in retaliation
for the officer or fireman performing his |
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official duties;
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(2) Is hooded, robed or masked in such manner as to |
conceal his
identity or any device manufactured and |
designed to be substantially
similar in appearance to a |
firearm;
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(3) Knows the individual assaulted 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) Knows the individual assaulted to be a supervisor, |
director,
instructor or other person employed in any park |
district and such
supervisor, director, instructor or |
other employee is upon the grounds of
the park or grounds |
adjacent thereto, or is in any part of a building used
for |
park purposes;
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(5) Knows the individual assaulted to be a caseworker, |
investigator, or
other person employed by the Department of |
Healthcare and Family Services (formerly State Department |
of Public Aid), a
County
Department of Public Aid, or the |
Department of Human Services (acting as
successor to the |
Illinois Department of Public Aid under the Department of
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Human Services Act) and such caseworker, investigator, or |
other person
is upon the grounds of a public aid office or |
grounds adjacent thereto, or
is in any part of a building |
used for public aid purposes, or upon the
grounds of a home |
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of a public aid applicant, recipient or any other person
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being interviewed or investigated in the employee's |
discharge of his
duties, or on grounds adjacent thereto, or |
is in any part of a building in
which the applicant, |
recipient, or other such person resides or is located;
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(6) Knows the individual assaulted to be a peace |
officer, a community
policing volunteer, a private |
security officer, or a fireman
while the officer or fireman |
is engaged in the execution of any of his
official duties, |
or to prevent the officer, community policing volunteer,
or |
fireman from performing
his official duties, or in |
retaliation for the officer, community policing
volunteer, |
or fireman
performing his official duties, and the assault |
is committed other than by
the discharge of a firearm in |
the direction of the officer or fireman or
in the direction |
of a vehicle occupied by the officer or fireman;
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(7) Knows the individual assaulted to be
an emergency |
medical technician - ambulance, emergency medical
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technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver or other medical
assistance or |
first aid personnel engaged in the
execution of any of his |
official duties, or to prevent the
emergency medical |
technician - ambulance, emergency medical
technician - |
intermediate, emergency medical technician - paramedic,
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ambulance driver, or other medical assistance or first aid |
personnel from
performing his official duties, or in |
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retaliation for the
emergency medical technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic,
ambulance |
driver, or other medical assistance or first aid personnel
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performing his official duties;
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(8) Knows the individual assaulted 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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(9) Or the individual assaulted is on or about a public |
way, public
property, or public place of accommodation or |
amusement;
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(9.5) Is, or the individual assaulted is, in or about a |
publicly or privately owned sports or entertainment arena, |
stadium, community or convention hall, special event |
center, 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 |
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place in this venue;
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(10) Knows the individual assaulted to be an employee |
of the State of
Illinois, a municipal corporation therein |
or a political subdivision
thereof, engaged in the |
performance of his authorized duties as such
employee;
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(11) Knowingly and without legal justification, |
commits an assault on
a physically handicapped person;
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(12) Knowingly and without legal justification, |
commits an assault on a
person 60 years of age or older;
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(13) Discharges a firearm, other than from a motor |
vehicle;
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(13.5) Discharges a firearm from a motor vehicle;
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(14) Knows the individual assaulted to be a |
correctional officer, while
the officer is engaged in the |
execution of any of his or her official duties,
or to |
prevent the officer from performing his or her official |
duties, or in
retaliation for the officer performing his or |
her official duties; |
(14.5) Knows the individual assaulted to be a probation |
officer, as defined in the Probation and Probation Officers |
Act, while the officer is engaged in the execution of any |
of his or her official duties, or to prevent the officer |
from performing his or her official duties, or in |
retaliation for the officer performing his or her official |
duties;
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(15) Knows the individual assaulted to be a |
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correctional employee, an employee of a county juvenile |
detention center who provides direct and continuous |
supervision of residents of a juvenile detention center, |
including an employee of a county juvenile detention center |
who supervises recreational activity for residents of a |
juvenile detention center, or
an employee or officer of the |
Department of Human Services supervising or controlling
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sexually dangerous persons or sexually violent persons, or |
an employee of a subcontractor of the Department of Human |
Services supervising or controlling sexually dangerous |
persons or sexually violent persons, while
the employee or |
officer is engaged in the execution of any of his or her |
official duties,
or to prevent the employee or officer from |
performing his or her official duties, or in
retaliation |
for the employee or officer performing his or her official |
duties, and the
assault is committed other than by the |
discharge of a firearm in the direction
of the employee or |
officer or in the direction of a vehicle occupied by the |
employee or officer;
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(16) Knows the individual assaulted to be an employee |
of a police or
sheriff's department, or a person who is |
employed by a municipality and whose duties include traffic |
control, engaged in the performance of his or her official |
duties
as such employee;
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(17) Knows the individual assaulted to be a sports |
official or coach at any level of competition and the act |
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causing the assault to the sports official or coach |
occurred within an athletic facility or an indoor or |
outdoor playing field or within the immediate vicinity of |
the athletic facility or an indoor or outdoor playing field |
at which the sports official or coach was an active |
participant in the athletic contest held at the athletic |
facility. For the purposes of this paragraph (17), "sports |
official" means a person at an athletic contest who |
enforces the rules of the contest, such as an umpire or |
referee; and "coach" means a person recognized as a coach |
by the sanctioning authority that conducted the athletic |
contest;
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(18) Knows the individual assaulted to be an emergency |
management
worker, while the emergency management worker |
is engaged in the execution of
any of his or her official |
duties,
or to prevent the emergency management worker from |
performing his or her
official duties, or in retaliation |
for the emergency management worker
performing his or her |
official duties, and the assault is committed other than
by |
the discharge of a firearm in the direction of the |
emergency management
worker or in the direction of a |
vehicle occupied by the emergency management
worker; or |
(19) Knows the individual assaulted 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 |
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for the utility worker performing his or her duties. In |
this paragraph (19), "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, |
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. |
(a-5) A person commits an aggravated assault 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 near or in the immediate vicinity |
of
any person.
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(a-10) A person commits an aggravated assault when he or |
she knowingly and without justification operates a motor |
vehicle in a manner which places a person in reasonable |
apprehension of being struck by a moving vehicle. |
(b) Sentence.
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Aggravated assault as defined in paragraphs (1) through (5) |
and (8) through
(12) and (17) and (19) of subsection (a) of |
this Section is a Class A misdemeanor. Aggravated
assault as |
defined in paragraphs (13), (14), (14.5), and (15) of |
subsection (a) of this
Section and as defined in subsection |
(a-5) or (a-10) of this Section is a Class 4
felony. Aggravated
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assault as defined in paragraphs (6) and (16) of subsection (a) |
of this
Section is a Class A misdemeanor if a Category I, |
Category II, or Category III weapon is not used in the |
commission of the
assault. Aggravated
assault as defined in |
paragraphs (6) and (16) of subsection (a) of this
Section 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 paragraphs
(7) and (18) of
subsection (a) |
of this Section is a Class A misdemeanor if a firearm is not
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used in the commission of the assault. Aggravated assault as |
defined in
paragraphs (7) and (18) of subsection (a) of this
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Section is a Class 4 felony if a firearm is used in the |
commission of the
assault. Aggravated assault as defined in |
subsection (a-10) where the victim was a person defined in |
paragraph (6) or paragraph (13.5) of subsection (a) is a Class |
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3 felony. For the purposes of this subsection (b), "Category I |
weapon", "Category II weapon", and "Category III weapon" have |
the meanings ascribed to those terms in subsection (c) of |
Section 33A-1 of this Code.
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(c) For the purposes of paragraphs (1) and (6) of |
subsection (a), "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. |
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; |
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. |
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000, |
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; |
revised 9-16-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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