Bill Text: IL SB3665 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act (an employee of an air carrier) while performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency. Provides that a violation is a Class 3 felony. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3665 Detail]

Download: Illinois-2021-SB3665-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3665

Introduced 1/21/2022, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act (an employee of an air carrier) while performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency. Provides that a violation is a Class 3 felony. Effective immediately.
LRB102 24201 RLC 33429 b

A BILL FOR

SB3665LRB102 24201 RLC 33429 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 5. The Criminal Code of 2012 is amended by
5changing Section 12-3.05 as follows:
6 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
7 Sec. 12-3.05. Aggravated battery.
8 (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12 (1) Causes great bodily harm or permanent disability
13 or disfigurement.
14 (2) Causes severe and permanent disability, great
15 bodily harm, or disfigurement by means of a caustic or
16 flammable substance, a poisonous gas, a deadly biological
17 or chemical contaminant or agent, a radioactive substance,
18 or a bomb or explosive compound.
19 (3) Causes great bodily harm or permanent disability
20 or disfigurement to an individual whom the person knows to
21 be a peace officer, community policing volunteer, fireman,
22 private security officer, correctional institution
23 employee, or Department of Human Services employee

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1 supervising or controlling sexually dangerous persons or
2 sexually violent persons:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (4) Causes great bodily harm or permanent disability
9 or disfigurement to an individual 60 years of age or
10 older.
11 (5) Strangles another individual.
12 (b) Offense based on injury to a child or person with an
13intellectual disability. A person who is at least 18 years of
14age commits aggravated battery when, in committing a battery,
15he or she knowingly and without legal justification by any
16means:
17 (1) causes great bodily harm or permanent disability
18 or disfigurement to any child under the age of 13 years, or
19 to any person with a severe or profound intellectual
20 disability; or
21 (2) causes bodily harm or disability or disfigurement
22 to any child under the age of 13 years or to any person
23 with a severe or profound intellectual disability.
24 (c) Offense based on location of conduct. A person commits
25aggravated battery when, in committing a battery, other than
26by the discharge of a firearm, he or she is or the person

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1battered is on or about a public way, public property, a public
2place of accommodation or amusement, a sports venue, or a
3domestic violence shelter, or in a church, synagogue, mosque,
4or other building, structure, or place used for religious
5worship.
6 (d) Offense based on status of victim. A person commits
7aggravated battery when, in committing a battery, other than
8by discharge of a firearm, he or she knows the individual
9battered to be any of the following:
10 (1) A person 60 years of age or older.
11 (2) A person who is pregnant or has a physical
12 disability.
13 (3) A teacher or school employee upon school grounds
14 or grounds adjacent to a school or in any part of a
15 building used for school purposes.
16 (4) A peace officer, community policing volunteer,
17 fireman, private security officer, correctional
18 institution employee, or Department of Human Services
19 employee supervising or controlling sexually dangerous
20 persons or sexually violent persons:
21 (i) performing his or her official duties;
22 (ii) battered to prevent performance of his or her
23 official duties; or
24 (iii) battered in retaliation for performing his
25 or her official duties.
26 (5) A judge, emergency management worker, emergency

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

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1 employer or relaying health or safety guidelines,
2 recommendations, regulations, or rules from a federal,
3 State, or local public health agency; and (ii) during a
4 disaster declared by the Governor, or a state of emergency
5 declared by the mayor of the municipality in which the
6 merchant is located, due to a public health emergency and
7 for a period of 6 months after such declaration.
8 (13) An employee of an employer subject to the
9 provisions of Title II of the federal Railway Labor Act
10 while performing his or her duties, including, but not
11 limited to, relaying directions for healthcare or safety
12 from his or her supervisor or employer or relaying health
13 or safety guidelines, recommendations, regulations, or
14 rules from a federal, State, or local public health
15 agency.
16 (e) Offense based on use of a firearm. A person commits
17aggravated battery when, in committing a battery, he or she
18knowingly does any of the following:
19 (1) Discharges a firearm, other than a machine gun or
20 a firearm equipped with a silencer, and causes any injury
21 to another person.
22 (2) Discharges a firearm, other than a machine gun or
23 a firearm equipped with a silencer, and causes any injury
24 to a person he or she knows to be a peace officer,
25 community policing volunteer, person summoned by a police
26 officer, fireman, private security officer, correctional

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

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1 volunteer, person summoned by a police officer, fireman,
2 private security officer, correctional institution
3 employee or emergency management worker:
4 (i) performing his or her official duties;
5 (ii) battered to prevent performance of his or her
6 official duties; or
7 (iii) battered in retaliation for performing his
8 or her official duties.
9 (7) Discharges a machine gun or a firearm equipped
10 with a silencer, and causes any injury to a person he or
11 she knows to be emergency medical services personnel:
12 (i) performing his or her official duties;
13 (ii) battered to prevent performance of his or her
14 official duties; or
15 (iii) battered in retaliation for performing his
16 or her official duties.
17 (8) Discharges a machine gun or a firearm equipped
18 with a silencer, and causes any injury to a person he or
19 she knows to be a teacher, or a student in a school, or a
20 school employee, and the teacher, student, or employee is
21 upon school grounds or grounds adjacent to a school or in
22 any part of a building used for school purposes.
23 (f) Offense based on use of a weapon or device. A person
24commits aggravated battery when, in committing a battery, he
25or she does any of the following:
26 (1) Uses a deadly weapon other than by discharge of a

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1 firearm, or uses an air rifle as defined in Section
2 24.8-0.1 of this Code.
3 (2) Wears a hood, robe, or mask to conceal his or her
4 identity.
5 (3) Knowingly and without lawful justification shines
6 or flashes a laser gunsight or other laser device attached
7 to a firearm, or used in concert with a firearm, so that
8 the laser beam strikes upon or against the person of
9 another.
10 (4) Knowingly video or audio records the offense with
11 the intent to disseminate the recording.
12 (g) Offense based on certain conduct. A person commits
13aggravated battery when, other than by discharge of a firearm,
14he or she does any of the following:
15 (1) Violates Section 401 of the Illinois Controlled
16 Substances Act by unlawfully delivering a controlled
17 substance to another and any user experiences great bodily
18 harm or permanent disability as a result of the injection,
19 inhalation, or ingestion of any amount of the controlled
20 substance.
21 (2) Knowingly administers to an individual or causes
22 him or her to take, without his or her consent or by threat
23 or deception, and for other than medical purposes, any
24 intoxicating, poisonous, stupefying, narcotic,
25 anesthetic, or controlled substance, or gives to another
26 person any food containing any substance or object

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1 intended to cause physical injury if eaten.
2 (3) Knowingly causes or attempts to cause a
3 correctional institution employee or Department of Human
4 Services employee to come into contact with blood, seminal
5 fluid, urine, or feces by throwing, tossing, or expelling
6 the fluid or material, and the person is an inmate of a
7 penal institution or is a sexually dangerous person or
8 sexually violent person in the custody of the Department
9 of Human Services.
10 (h) Sentence. Unless otherwise provided, aggravated
11battery is a Class 3 felony.
12 Aggravated battery as defined in subdivision (a)(4),
13(d)(4), or (g)(3) is a Class 2 felony.
14 Aggravated battery as defined in subdivision (a)(3) or
15(g)(1) is a Class 1 felony.
16 Aggravated battery as defined in subdivision (a)(1) is a
17Class 1 felony when the aggravated battery was intentional and
18involved the infliction of torture, as defined in paragraph
19(14) of subsection (b) of Section 9-1 of this Code, as the
20infliction of or subjection to extreme physical pain,
21motivated by an intent to increase or prolong the pain,
22suffering, or agony of the victim.
23 Aggravated battery as defined in subdivision (a)(1) is a
24Class 2 felony when the person causes great bodily harm or
25permanent disability to an individual whom the person knows to
26be a member of a congregation engaged in prayer or other

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1religious activities at a church, synagogue, mosque, or other
2building, structure, or place used for religious worship.
3 Aggravated battery under subdivision (a)(5) is a Class 1
4felony if:
5 (A) the person used or attempted to use a dangerous
6 instrument while committing the offense;
7 (B) the person caused great bodily harm or permanent
8 disability or disfigurement to the other person while
9 committing the offense; or
10 (C) the person has been previously convicted of a
11 violation of subdivision (a)(5) under the laws of this
12 State or laws similar to subdivision (a)(5) of any other
13 state.
14 Aggravated battery as defined in subdivision (e)(1) is a
15Class X felony.
16 Aggravated battery as defined in subdivision (a)(2) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 6 years and a maximum of 45
19years.
20 Aggravated battery as defined in subdivision (e)(5) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 12 years and a maximum of 45
23years.
24 Aggravated battery as defined in subdivision (e)(2),
25(e)(3), or (e)(4) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 15 years

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1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (e)(6),
3(e)(7), or (e)(8) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 20 years
5and a maximum of 60 years.
6 Aggravated battery as defined in subdivision (b)(1) is a
7Class X felony, except that:
8 (1) if the person committed the offense while armed
9 with a firearm, 15 years shall be added to the term of
10 imprisonment imposed by the court;
11 (2) if, during the commission of the offense, the
12 person personally discharged a firearm, 20 years shall be
13 added to the term of imprisonment imposed by the court;
14 (3) if, during the commission of the offense, the
15 person personally discharged a firearm that proximately
16 caused great bodily harm, permanent disability, permanent
17 disfigurement, or death to another person, 25 years or up
18 to a term of natural life shall be added to the term of
19 imprisonment imposed by the court.
20 (i) Definitions. In this Section:
21 "Building or other structure used to provide shelter" has
22the meaning ascribed to "shelter" in Section 1 of the Domestic
23Violence Shelters Act.
24 "Domestic violence" has the meaning ascribed to it in
25Section 103 of the Illinois Domestic Violence Act of 1986.
26 "Domestic violence shelter" means any building or other

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1structure used to provide shelter or other services to victims
2or to the dependent children of victims of domestic violence
3pursuant to the Illinois Domestic Violence Act of 1986 or the
4Domestic Violence Shelters Act, or any place within 500 feet
5of such a building or other structure in the case of a person
6who is going to or from such a building or other structure.
7 "Firearm" has the meaning provided under Section 1.1 of
8the Firearm Owners Identification Card Act, and does not
9include an air rifle as defined by Section 24.8-0.1 of this
10Code.
11 "Machine gun" has the meaning ascribed to it in Section
1224-1 of this Code.
13 "Merchant" has the meaning ascribed to it in Section
1416-0.1 of this Code.
15 "Strangle" means intentionally impeding the normal
16breathing or circulation of the blood of an individual by
17applying pressure on the throat or neck of that individual or
18by blocking the nose or mouth of that individual.
19(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
20 Section 99. Effective date. This Act takes effect upon
21becoming law.
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