Bill Text: IL SB1754 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Includes in the offense of aggravated assault, the assault of 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. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0225 [SB1754 Detail]
Download: Illinois-2011-SB1754-Engrossed.html
Bill Title: Amends the Criminal Code of 1961. Includes in the offense of aggravated assault, the assault of 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. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0225 [SB1754 Detail]
Download: Illinois-2011-SB1754-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 12-2 as follows:
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6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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7 | Sec. 12-2. Aggravated assault.
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8 | (a) A person commits an aggravated assault, when, in | ||||||
9 | committing an
assault, he:
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10 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
11 | the Air Rifle Act, or any device manufactured and designed | ||||||
12 | to be
substantially similar in appearance to a firearm, | ||||||
13 | other than by
discharging a firearm in the direction of | ||||||
14 | another person, a peace
officer, a person summoned or | ||||||
15 | directed by a peace officer, a correctional
officer, a | ||||||
16 | private security officer, or a fireman or in the direction | ||||||
17 | of a vehicle occupied by another
person, a peace officer, a | ||||||
18 | person summoned or directed by a peace officer,
a | ||||||
19 | correctional officer, a private security officer, or a | ||||||
20 | fireman while the officer or fireman is
engaged in the | ||||||
21 | execution of any of his official duties, or to prevent the
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22 | officer or fireman from performing his official duties, or | ||||||
23 | in retaliation
for the officer or fireman performing his |
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1 | official duties;
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2 | (2) Is hooded, robed or masked in such manner as to | ||||||
3 | conceal his
identity or any device manufactured and | ||||||
4 | designed to be substantially
similar in appearance to a | ||||||
5 | firearm;
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6 | (3) Knows the individual assaulted to be a teacher or | ||||||
7 | other person
employed in any school and such teacher or | ||||||
8 | other employee is upon the
grounds of a school or grounds | ||||||
9 | adjacent thereto, or is in any part of a
building used for | ||||||
10 | school purposes;
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11 | (4) Knows the individual assaulted to be a supervisor, | ||||||
12 | director,
instructor or other person employed in any park | ||||||
13 | district and such
supervisor, director, instructor or | ||||||
14 | other employee is upon the grounds of
the park or grounds | ||||||
15 | adjacent thereto, or is in any part of a building used
for | ||||||
16 | park purposes;
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17 | (5) Knows the individual assaulted to be a caseworker, | ||||||
18 | investigator, or
other person employed by the Department of | ||||||
19 | Healthcare and Family Services (formerly State Department | ||||||
20 | of Public Aid), a
County
Department of Public Aid, or the | ||||||
21 | Department of Human Services (acting as
successor to the | ||||||
22 | Illinois Department of Public Aid under the Department of
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23 | Human Services Act) and such caseworker, investigator, or | ||||||
24 | other person
is upon the grounds of a public aid office or | ||||||
25 | grounds adjacent thereto, or
is in any part of a building | ||||||
26 | used for public aid purposes, or upon the
grounds of a home |
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1 | of a public aid applicant, recipient or any other person
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2 | being interviewed or investigated in the employee's | ||||||
3 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
4 | is in any part of a building in
which the applicant, | ||||||
5 | recipient, or other such person resides or is located;
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6 | (6) Knows the individual assaulted to be a peace | ||||||
7 | officer, a community
policing volunteer, a private | ||||||
8 | security officer, or a fireman
while the officer or fireman | ||||||
9 | is engaged in the execution of any of his
official duties, | ||||||
10 | or to prevent the officer, community policing volunteer,
or | ||||||
11 | fireman from performing
his official duties, or in | ||||||
12 | retaliation for the officer, community policing
volunteer, | ||||||
13 | or fireman
performing his official duties, and the assault | ||||||
14 | is committed other than by
the discharge of a firearm in | ||||||
15 | the direction of the officer or fireman or
in the direction | ||||||
16 | of a vehicle occupied by the officer or fireman;
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17 | (7) Knows the individual assaulted to be
an emergency | ||||||
18 | medical technician - ambulance, emergency medical
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19 | technician - intermediate, emergency medical technician - | ||||||
20 | paramedic, ambulance
driver or other medical
assistance or | ||||||
21 | first aid personnel engaged in the
execution of any of his | ||||||
22 | official duties, or to prevent the
emergency medical | ||||||
23 | technician - ambulance, emergency medical
technician - | ||||||
24 | intermediate, emergency medical technician - paramedic,
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25 | ambulance driver, or other medical assistance or first aid | ||||||
26 | personnel from
performing his official duties, or in |
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1 | retaliation for the
emergency medical technician - | ||||||
2 | ambulance, emergency medical
technician - intermediate, | ||||||
3 | emergency medical technician - paramedic,
ambulance | ||||||
4 | driver, or other medical assistance or first aid personnel
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5 | performing his official duties;
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6 | (8) Knows the individual assaulted to be the driver, | ||||||
7 | operator, employee
or passenger of any transportation | ||||||
8 | facility or system engaged in the
business of | ||||||
9 | transportation of the public for hire and the individual
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10 | assaulted is then performing in such capacity or then using | ||||||
11 | such public
transportation as a passenger or using any area | ||||||
12 | of any description
designated by the transportation | ||||||
13 | facility or system as a vehicle boarding,
departure, or | ||||||
14 | transfer location;
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15 | (9) Or the individual assaulted is on or about a public | ||||||
16 | way, public
property, or public place of accommodation or | ||||||
17 | amusement;
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18 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
19 | publicly or privately owned sports or entertainment arena, | ||||||
20 | stadium, community or convention hall, special event | ||||||
21 | center, amusement facility, or a special event center in a | ||||||
22 | public park during any 24-hour period when a professional | ||||||
23 | sporting event, National Collegiate Athletic Association | ||||||
24 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
25 | Committee-sanctioned sporting event, or International | ||||||
26 | Olympic Committee-sanctioned sporting event is taking |
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1 | place in this venue;
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2 | (10) Knows the individual assaulted to be an employee | ||||||
3 | of the State of
Illinois, a municipal corporation therein | ||||||
4 | or a political subdivision
thereof, engaged in the | ||||||
5 | performance of his authorized duties as such
employee;
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6 | (11) Knowingly and without legal justification, | ||||||
7 | commits an assault on
a physically handicapped person;
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8 | (12) Knowingly and without legal justification, | ||||||
9 | commits an assault on a
person 60 years of age or older;
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10 | (13) Discharges a firearm, other than from a motor | ||||||
11 | vehicle;
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12 | (13.5) Discharges a firearm from a motor vehicle;
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13 | (14) Knows the individual assaulted to be a | ||||||
14 | correctional officer, while
the officer is engaged in the | ||||||
15 | execution of any of his or her official duties,
or to | ||||||
16 | prevent the officer from performing his or her official | ||||||
17 | duties, or in
retaliation for the officer performing his or | ||||||
18 | her official duties; | ||||||
19 | (14.5) Knows the individual assaulted to be a probation | ||||||
20 | officer, as defined in the Probation and Probation Officers | ||||||
21 | Act, while the officer is engaged in the execution of any | ||||||
22 | of his or her official duties, or to prevent the officer | ||||||
23 | from performing his or her official duties, or in | ||||||
24 | retaliation for the officer performing his or her official | ||||||
25 | duties;
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26 | (15) Knows the individual assaulted to be a |
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1 | correctional employee , an employee of a county juvenile | ||||||
2 | detention center who provides direct and continuous | ||||||
3 | supervision of residents of a juvenile detention center, | ||||||
4 | including an employee of a county juvenile detention center | ||||||
5 | who supervises recreational activity for residents of a | ||||||
6 | juvenile detention center, or
an employee or officer of the | ||||||
7 | Department of Human Services supervising or controlling
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8 | sexually dangerous persons or sexually violent persons, or | ||||||
9 | an employee of a subcontractor of the Department of Human | ||||||
10 | Services supervising or controlling sexually dangerous | ||||||
11 | persons or sexually violent persons, while
the employee or | ||||||
12 | officer is engaged in the execution of any of his or her | ||||||
13 | official duties,
or to prevent the employee or officer from | ||||||
14 | performing his or her official duties, or in
retaliation | ||||||
15 | for the employee or officer performing his or her official | ||||||
16 | duties, and the
assault is committed other than by the | ||||||
17 | discharge of a firearm in the direction
of the employee or | ||||||
18 | officer or in the direction of a vehicle occupied by the | ||||||
19 | employee or officer;
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20 | (16) Knows the individual assaulted to be an employee | ||||||
21 | of a police or
sheriff's department, or a person who is | ||||||
22 | employed by a municipality and whose duties include traffic | ||||||
23 | control, engaged in the performance of his or her official | ||||||
24 | duties
as such employee;
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25 | (17) Knows the individual assaulted to be a sports | ||||||
26 | official or coach at any level of competition and the act |
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1 | causing the assault to the sports official or coach | ||||||
2 | occurred within an athletic facility or an indoor or | ||||||
3 | outdoor playing field or within the immediate vicinity of | ||||||
4 | the athletic facility or an indoor or outdoor playing field | ||||||
5 | at which the sports official or coach was an active | ||||||
6 | participant in the athletic contest held at the athletic | ||||||
7 | facility. For the purposes of this paragraph (17), "sports | ||||||
8 | official" means a person at an athletic contest who | ||||||
9 | enforces the rules of the contest, such as an umpire or | ||||||
10 | referee; and "coach" means a person recognized as a coach | ||||||
11 | by the sanctioning authority that conducted the athletic | ||||||
12 | contest;
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13 | (18) Knows the individual assaulted to be an emergency | ||||||
14 | management
worker, while the emergency management worker | ||||||
15 | is engaged in the execution of
any of his or her official | ||||||
16 | duties,
or to prevent the emergency management worker from | ||||||
17 | performing his or her
official duties, or in retaliation | ||||||
18 | for the emergency management worker
performing his or her | ||||||
19 | official duties, and the assault is committed other than
by | ||||||
20 | the discharge of a firearm in the direction of the | ||||||
21 | emergency management
worker or in the direction of a | ||||||
22 | vehicle occupied by the emergency management
worker; or | ||||||
23 | (19) Knows the individual assaulted to be a utility | ||||||
24 | worker, while the utility worker is engaged in the | ||||||
25 | execution of his or her duties, or to prevent the utility | ||||||
26 | worker from performing his or her duties, or in retaliation |
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1 | for the utility worker performing his or her duties. In | ||||||
2 | this paragraph (19), "utility worker" means a person | ||||||
3 | employed by a public utility as defined in Section 3-105 of | ||||||
4 | the Public Utilities Act and also includes an employee of a | ||||||
5 | municipally owned utility, an employee of a cable | ||||||
6 | television company, an employee of an electric
cooperative | ||||||
7 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
8 | independent contractor or an employee of an independent
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9 | contractor working on behalf of a cable television company, | ||||||
10 | public utility, municipally
owned utility, or an electric | ||||||
11 | cooperative, or an employee of a
telecommunications | ||||||
12 | carrier as defined in Section 13-202 of the
Public | ||||||
13 | Utilities Act, an independent contractor or an employee of
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14 | an independent contractor working on behalf of a
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15 | telecommunications carrier, or an employee of a telephone | ||||||
16 | or
telecommunications cooperative as defined in Section | ||||||
17 | 13-212 of
the Public Utilities Act, or an independent | ||||||
18 | contractor or an
employee of an independent contractor | ||||||
19 | working on behalf of a
telephone or telecommunications | ||||||
20 | cooperative. | ||||||
21 | (a-5) A person commits an aggravated assault when he or she | ||||||
22 | knowingly and
without lawful justification shines or flashes a | ||||||
23 | laser gunsight or other laser
device that is attached or | ||||||
24 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
25 | that the laser beam strikes near or in the immediate vicinity | ||||||
26 | of
any person.
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1 | (a-10) A person commits an aggravated assault when he or | ||||||
2 | she knowingly and without justification operates a motor | ||||||
3 | vehicle in a manner which places a person in reasonable | ||||||
4 | apprehension of being struck by a moving vehicle. | ||||||
5 | (b) Sentence.
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6 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
7 | and (8) through
(12) and (17) and (19) of subsection (a) of | ||||||
8 | this Section is a Class A misdemeanor. Aggravated
assault as | ||||||
9 | defined in paragraphs (13), (14), (14.5), and (15) of | ||||||
10 | subsection (a) of this
Section and as defined in subsection | ||||||
11 | (a-5) or (a-10) of this Section is a Class 4
felony. Aggravated
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12 | assault as defined in paragraphs (6) and (16) of subsection (a) | ||||||
13 | of this
Section is a Class A misdemeanor if a Category I, | ||||||
14 | Category II, or Category III weapon is not used in the | ||||||
15 | commission of the
assault. Aggravated
assault as defined in | ||||||
16 | paragraphs (6) and (16) of subsection (a) of this
Section is a | ||||||
17 | Class 4
felony if a Category I, Category II, or Category III | ||||||
18 | weapon is used in the commission of the
assault. Aggravated | ||||||
19 | assault as defined in paragraphs
(7) and (18) of
subsection (a) | ||||||
20 | of this Section is a Class A misdemeanor if a firearm is not
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21 | used in the commission of the assault. Aggravated assault as | ||||||
22 | defined in
paragraphs (7) and (18) of subsection (a) of this
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23 | Section is a Class 4 felony if a firearm is used in the | ||||||
24 | commission of the
assault. Aggravated assault as defined in | ||||||
25 | subsection (a-10) where the victim was a person defined in | ||||||
26 | paragraph (6) or paragraph (13.5) of subsection (a) is a Class |
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1 | 3 felony. For the purposes of this subsection (b), "Category I | ||||||
2 | weapon", "Category II weapon", and "Category III weapon" have | ||||||
3 | the meanings ascribed to those terms in subsection (c) of | ||||||
4 | Section 33A-1 of this Code.
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5 | (c) For the purposes of paragraphs (1) and (6) of | ||||||
6 | subsection (a), "private security officer" means a registered | ||||||
7 | employee of a private security contractor agency under the | ||||||
8 | Private Detective, Private Alarm, Private Security, | ||||||
9 | Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
10 | (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | ||||||
11 | 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | ||||||
12 | 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000, | ||||||
13 | eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; | ||||||
14 | revised 9-16-10.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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