SB 2004 — CRIM CD-AGG - ASSAULT&BATTERY

SB2004 EngrossedEnrolled LRB097 10196 RLC 50389 b AN ACT concerning criminal law.

(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 officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his SB2004 EngrossedEnrolled - 2 - LRB097 10196 RLC 50389 b official duties;

(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 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 SB2004 EngrossedEnrolled - 3 - LRB097 10196 RLC 50389 b of a public aid applicant, recipient or any other person 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;

(7) Knows the individual assaulted to be an emergency medical technician - ambulance, emergency medical 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, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in SB2004 EngrossedEnrolled - 4 - LRB097 10196 RLC 50389 b 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 performing his official duties;

(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 SB2004 EngrossedEnrolled - 5 - LRB097 10196 RLC 50389 b place in this venue;

(15) Knows the individual assaulted to be a SB2004 EngrossedEnrolled - 6 - LRB097 10196 RLC 50389 b correctional employee or an employee or officer of the Department of Human Services supervising or controlling 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;

(17) Knows the individual assaulted to be a sports official or coach at any level of competition and the act 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 SB2004 EngrossedEnrolled - 7 - LRB097 10196 RLC 50389 b participant in the athletic contest held at the athletic facility.

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 SB2004 EngrossedEnrolled - 8 - LRB097 10196 RLC 50389 b 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 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 an independent contractor working on behalf of a 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 SB2004 EngrossedEnrolled - 9 - LRB097 10196 RLC 50389 b that the laser beam strikes near or in the immediate vicinity of any person.

Aggravated assault as defined in SB2004 EngrossedEnrolled - 10 - LRB097 10196 RLC 50389 b subsection (a-10) where the victim was a person defined in paragraph (6) or paragraph (13.5) of subsection (a) is a Class 3 felony.

(1) Uses a deadly weapon other than by the discharge of a firearm, or uses an air rifle as defined in the Air Rifle SB2004 EngrossedEnrolled - 11 - LRB097 10196 RLC 50389 b Act;

(7) Knows the individual harmed to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other SB2004 EngrossedEnrolled - 12 - LRB097 10196 RLC 50389 b medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(10) Knows the individual harmed to be an individual of SB2004 EngrossedEnrolled - 13 - LRB097 10196 RLC 50389 b 60 years of age or older;

"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters SB2004 EngrossedEnrolled - 14 - LRB097 10196 RLC 50389 b Act;

or (22) Knows the individual harmed 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 SB2004 EngrossedEnrolled - 15 - LRB097 10196 RLC 50389 b for the utility worker performing his or her duties.

while that individual is in the performance of his or her SB2004 EngrossedEnrolled - 16 - LRB097 10196 RLC 50389 b duties as a process server.

(d-5) An inmate of a penal institution or a sexually SB2004 EngrossedEnrolled - 17 - LRB097 10196 RLC 50389 b dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery.

(2) Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent SB2004 EngrossedEnrolled - 18 - LRB097 10196 RLC 50389 b persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm.

SB2004 EngrossedEnrolled - 19 - LRB097 10196 RLC 50389 b (5) Aggravated battery under subsection (d-6) is a Class 1 felony if: