103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2010
 
Introduced 2/9/2023, by Sen. Doris Turner
 
SYNOPSIS AS INTRODUCED:



 
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

 Provides that the Act may be referred to as the
Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.



LRB103 28291 RLC 54670 b


 
 
A BILL FOR
 


SB2010LRB103 28291 RLC 54670 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. This Act may be referred to as the Knight-Silas 
5Legacy Act. 

6 Section 5. The Criminal Code of 2012 is amended by 
7changing Section 12-3.05 as follows:


8 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


9 Sec. 12-3.05. Aggravated battery. 

10 (a) Offense based on injury. A person commits aggravated 
11battery when, in committing a battery, other than by the 
12discharge of a firearm, he or she knowingly does any of the 
13following:
14  (1) Causes great bodily harm or permanent disability 
15 or disfigurement.
16  (2) Causes severe and permanent disability, great 
17 bodily harm, or disfigurement by means of a caustic or 
18 flammable substance, a poisonous gas, a deadly biological 
19 or chemical contaminant or agent, a radioactive substance, 
20 or a bomb or explosive compound.
21  (3) Causes great bodily harm or permanent disability 
22 or disfigurement to an individual whom the person knows to 
 
 
SB2010- 2 -LRB103 28291 RLC 54670 b


1 be a peace officer, community policing volunteer, fireman, 
2 private security officer, correctional institution 
3 employee, or Department of Human Services employee 
4 supervising or controlling sexually dangerous persons or 
5 sexually violent persons:
6   (i) performing his or her official duties;
7   (ii) battered to prevent performance of his or her 
8 official duties; or
9   (iii) battered in retaliation for performing his 
10 or her official duties.
11  (3.1) Is, at the time of the commission of the 
12 offense, 21 years of age or older and causes great bodily 
13 harm or permanent disability or disfigurement to an 
14 individual whom the person knows to be a Department of 
15 Children and Family Services employee:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties. 
21  (4) Causes great bodily harm or permanent disability 
22 or disfigurement to an individual 60 years of age or 
23 older.
24  (5) Strangles another individual. 
25 (b) Offense based on injury to a child or person with an 
26intellectual disability. A person who is at least 18 years of 
 
 
SB2010- 3 -LRB103 28291 RLC 54670 b


1age commits aggravated battery when, in committing a battery, 
2he or she knowingly and without legal justification by any 
3means:
4  (1) causes great bodily harm or permanent disability 
5 or disfigurement to any child under the age of 13 years, or 
6 to any person with a severe or profound intellectual 
7 disability; or
8  (2) causes bodily harm or disability or disfigurement 
9 to any child under the age of 13 years or to any person 
10 with a severe or profound intellectual disability. 
11 (c) Offense based on location of conduct. A person commits 
12aggravated battery when, in committing a battery, other than 
13by the discharge of a firearm, he or she is or the person 
14battered is on or about a public way, public property, a public 
15place of accommodation or amusement, a sports venue, or a 
16domestic violence shelter, or in a church, synagogue, mosque, 
17or other building, structure, or place used for religious 
18worship.
19 (d) Offense based on status of victim. A person commits 
20aggravated battery when, in committing a battery, other than 
21by discharge of a firearm, he or she knows the individual 
22battered to be any of the following:
23  (1) A person 60 years of age or older.
24  (2) A person who is pregnant or has a physical 
25 disability.
26  (3) A teacher or school employee upon school grounds 
 
 
SB2010- 4 -LRB103 28291 RLC 54670 b


1 or grounds adjacent to a school or in any part of a 
2 building used for school purposes.
3  (4) A peace officer, community policing volunteer, 
4 fireman, private security officer, correctional 
5 institution employee, or Department of Human Services 
6 employee supervising or controlling sexually dangerous 
7 persons or sexually violent persons:
8   (i) performing his or her official duties;
9   (ii) battered to prevent performance of his or her 
10 official duties; or
11   (iii) battered in retaliation for performing his 
12 or her official duties.
13  (4.1)(A) A Department of Children and Family Services 
14 employee:
15   (i) performing his or her official duties;
16   (ii) battered to prevent performance of his or her 
17 official duties; or
18   (iii) battered in retaliation for performing his 
19 or her official duties; and
20  (B) the person committing the offense, at the time of 
21 the commission of the offense, is 21 years of age or older. 
22  (5) A judge, emergency management worker, emergency 
23 medical services personnel, or utility worker:
24   (i) performing his or her official duties;
25   (ii) battered to prevent performance of his or her 
26 official duties; or
 
 
SB2010- 5 -LRB103 28291 RLC 54670 b


1   (iii) battered in retaliation for performing his 
2 or her official duties.
3  (6) An officer or employee of the State of Illinois, a 
4 unit of local government, or a school district, while 
5 performing his or her official duties.
6  (7) A transit employee performing his or her official 
7 duties, or a transit passenger.
8  (8) A taxi driver on duty.
9  (9) A merchant who detains the person for an alleged 
10 commission of retail theft under Section 16-26 of this 
11 Code and the person without legal justification by any 
12 means causes bodily harm to the merchant.
13  (10) A person authorized to serve process under 
14 Section 2-202 of the Code of Civil Procedure or a special 
15 process server appointed by the circuit court while that 
16 individual is in the performance of his or her duties as a 
17 process server.
18  (11) A nurse while in the performance of his or her 
19 duties as a nurse. 
20  (12) A merchant: (i) while performing his or her 
21 duties, including, but not limited to, relaying directions 
22 for healthcare or safety from his or her supervisor or 
23 employer or relaying health or safety guidelines, 
24 recommendations, regulations, or rules from a federal, 
25 State, or local public health agency; and (ii) during a 
26 disaster declared by the Governor, or a state of emergency 
 
 
SB2010- 6 -LRB103 28291 RLC 54670 b


1 declared by the mayor of the municipality in which the 
2 merchant is located, due to a public health emergency and 
3 for a period of 6 months after such declaration. 
4 (e) Offense based on use of a firearm. A person commits 
5aggravated battery when, in committing a battery, he or she 
6knowingly does any of the following:
7  (1) Discharges a firearm, other than a machine gun or 
8 a firearm equipped with a silencer, and causes any injury 
9 to another person.
10  (2) Discharges a firearm, other than a machine gun or 
11 a firearm equipped with a silencer, and causes any injury 
12 to a person he or she knows to be a peace officer, 
13 community policing volunteer, person summoned by a police 
14 officer, fireman, private security officer, correctional 
15 institution employee, or emergency management worker:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (3) Discharges a firearm, other than a machine gun or 
22 a firearm equipped with a silencer, and causes any injury 
23 to a person he or she knows to be emergency medical 
24 services personnel:
25   (i) performing his or her official duties;
26   (ii) battered to prevent performance of his or her 
 
 
SB2010- 7 -LRB103 28291 RLC 54670 b


1 official duties; or
2   (iii) battered in retaliation for performing his 
3 or her official duties.
4  (4) Discharges a firearm and causes any injury to a 
5 person he or she knows to be a teacher, a student in a 
6 school, or a school employee, and the teacher, student, or 
7 employee is upon school grounds or grounds adjacent to a 
8 school or in any part of a building used for school 
9 purposes.
10  (5) Discharges a machine gun or a firearm equipped 
11 with a silencer, and causes any injury to another person.
12  (6) Discharges a machine gun or a firearm equipped 
13 with a silencer, and causes any injury to a person he or 
14 she knows to be a peace officer, community policing 
15 volunteer, person summoned by a police officer, fireman, 
16 private security officer, correctional institution 
17 employee or emergency management worker:
18   (i) performing his or her official duties;
19   (ii) battered to prevent performance of his or her 
20 official duties; or
21   (iii) battered in retaliation for performing his 
22 or her official duties.
23  (7) Discharges a machine gun or a firearm equipped 
24 with a silencer, and causes any injury to a person he or 
25 she knows to be emergency medical services personnel:
26   (i) performing his or her official duties;
 
 
SB2010- 8 -LRB103 28291 RLC 54670 b


1   (ii) battered to prevent performance of his or her 
2 official duties; or
3   (iii) battered in retaliation for performing his 
4 or her official duties.
5  (8) Discharges a machine gun or a firearm equipped 
6 with a silencer, and causes any injury to a person he or 
7 she knows to be a teacher, or a student in a school, or a 
8 school employee, and the teacher, student, or employee is 
9 upon school grounds or grounds adjacent to a school or in 
10 any part of a building used for school purposes. 
11 (f) Offense based on use of a weapon or device. A person 
12commits aggravated battery when, in committing a battery, he 
13or she does any of the following:
14  (1) Uses a deadly weapon other than by discharge of a 
15 firearm, or uses an air rifle as defined in Section 
16 24.8-0.1 of this Code.
17  (2) Wears a hood, robe, or mask to conceal his or her 
18 identity.
19  (3) Knowingly and without lawful justification shines 
20 or flashes a laser gunsight or other laser device attached 
21 to a firearm, or used in concert with a firearm, so that 
22 the laser beam strikes upon or against the person of 
23 another.
24  (4) Knowingly video or audio records the offense with 
25 the intent to disseminate the recording. 
26 (g) Offense based on certain conduct. A person commits 
 
 
SB2010- 9 -LRB103 28291 RLC 54670 b


1aggravated battery when, other than by discharge of a firearm, 
2he or she does any of the following:
3  (1) Violates Section 401 of the Illinois Controlled 
4 Substances Act by unlawfully delivering a controlled 
5 substance to another and any user experiences great bodily 
6 harm or permanent disability as a result of the injection, 
7 inhalation, or ingestion of any amount of the controlled 
8 substance.
9  (2) Knowingly administers to an individual or causes 
10 him or her to take, without his or her consent or by threat 
11 or deception, and for other than medical purposes, any 
12 intoxicating, poisonous, stupefying, narcotic, 
13 anesthetic, or controlled substance, or gives to another 
14 person any food containing any substance or object 
15 intended to cause physical injury if eaten.
16  (3) Knowingly causes or attempts to cause a 
17 correctional institution employee or Department of Human 
18 Services employee to come into contact with blood, seminal 
19 fluid, urine, or feces by throwing, tossing, or expelling 
20 the fluid or material, and the person is an inmate of a 
21 penal institution or is a sexually dangerous person or 
22 sexually violent person in the custody of the Department 
23 of Human Services.
24 (h) Sentence. Unless otherwise provided, aggravated 
25battery is a Class 3 felony.
26 Aggravated battery as defined in subdivision (a)(4), 
 
 
SB2010- 10 -LRB103 28291 RLC 54670 b


1(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
2 Aggravated battery as defined in subdivision (a)(3), 
3(a)(3.1), or (g)(1) is a Class 1 felony.
4 Aggravated battery as defined in subdivision (a)(1) is a 
5Class 1 felony when the aggravated battery was intentional and 
6involved the infliction of torture, as defined in paragraph 
7(14) of subsection (b) of Section 9-1 of this Code, as the 
8infliction of or subjection to extreme physical pain, 
9motivated by an intent to increase or prolong the pain, 
10suffering, or agony of the victim. 
11 Aggravated battery as defined in subdivision (a)(1) is a 
12Class 2 felony when the person causes great bodily harm or 
13permanent disability to an individual whom the person knows to 
14be a member of a congregation engaged in prayer or other 
15religious activities at a church, synagogue, mosque, or other 
16building, structure, or place used for religious worship. 
17 Aggravated battery under subdivision (a)(5) is a
Class 1 
18felony if:
19  (A) the person used or attempted to use a dangerous

20 instrument while committing the offense;
21  (B) the person caused great bodily harm or
permanent 
22 disability or disfigurement to the other
person while 
23 committing the offense; or
24  (C) the person has been previously convicted of a

25 violation of subdivision (a)(5) under the laws of this

26 State or laws similar to subdivision (a)(5) of any other

 
 
SB2010- 11 -LRB103 28291 RLC 54670 b


1 state. 
2 Aggravated battery as defined in subdivision (e)(1) is a 
3Class X felony.
4 Aggravated battery as defined in subdivision (a)(2) is a 
5Class X felony for which a person shall be sentenced to a term 
6of imprisonment of a minimum of 6 years and a maximum of 45 
7years.
8 Aggravated battery as defined in subdivision (e)(5) is a 
9Class X felony for which a person shall be sentenced to a term 
10of imprisonment of a minimum of 12 years and a maximum of 45 
11years.
12 Aggravated battery as defined in subdivision (e)(2), 
13(e)(3), or (e)(4) is a Class X felony for which a person shall 
14be sentenced to a term of imprisonment of a minimum of 15 years 
15and a maximum of 60 years.
16 Aggravated battery as defined in subdivision (e)(6), 
17(e)(7), or (e)(8) is a Class X felony for which a person shall 
18be sentenced to a term of imprisonment of a minimum of 20 years 
19and a maximum of 60 years.
20 Aggravated battery as defined in subdivision (b)(1) is a 
21Class X felony, except that:
22  (1) if the person committed the offense while armed 
23 with a firearm, 15 years shall be added to the term of 
24 imprisonment imposed by the court;
25  (2) if, during the commission of the offense, the 
26 person personally discharged a firearm, 20 years shall be 
 
 
SB2010- 12 -LRB103 28291 RLC 54670 b


1 added to the term of imprisonment imposed by the court;
2  (3) if, during the commission of the offense, the 
3 person personally discharged a firearm that proximately 
4 caused great bodily harm, permanent disability, permanent 
5 disfigurement, or death to another person, 25 years or up 
6 to a term of natural life shall be added to the term of 
7 imprisonment imposed by the court.
8 (i) Definitions. In this Section:
9 "Building or other structure used to provide shelter" has 
10the meaning ascribed to "shelter" in Section 1 of the Domestic 
11Violence Shelters Act.
12 "Department of Children and Family Services employee" 
13includes any Department caseworker or investigator employed by 
14an agency or organization providing social work, case work, or 
15investigative services under a contract with or a grant from 
16the Department of Children and Family Services. 
17 "Domestic violence" has the meaning ascribed to it in 
18Section 103 of the Illinois Domestic Violence Act of 1986.
19 "Domestic violence shelter" means any building or other 
20structure used to provide shelter or other services to victims 
21or to the dependent children of victims of domestic violence 
22pursuant to the Illinois Domestic Violence Act of 1986 or the 
23Domestic Violence Shelters Act, or any place within 500 feet 
24of such a building or other structure in the case of a person 
25who is going to or from such a building or other structure.
26 "Firearm" has the meaning provided under Section 1.1
of 
 
 
SB2010- 13 -LRB103 28291 RLC 54670 b


1the Firearm Owners Identification Card Act, and does
not 
2include an air rifle as defined by Section 24.8-0.1 of this 
3Code. 
4 "Machine gun" has the meaning ascribed to it in Section 
524-1 of this Code.
6 "Merchant" has the meaning ascribed to it in Section 
716-0.1 of this Code. 
8 "Strangle" means
intentionally impeding the normal 
9breathing or circulation of the blood of an individual by 
10applying pressure on the throat
or neck of that individual or 
11by blocking the nose or mouth of
that individual. 

12(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)