Rep. Sue Scherer
Filed: 3/11/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 801 




2 AMENDMENT NO. ______. Amend House Bill 801 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 12-2 and 12-3.05 as follows:




6 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)


7 Sec. 12-2. Aggravated assault. 

8 (a) Offense based on location of conduct. A person commits 
9aggravated assault when he or she commits an assault against an 
10individual who is on or about a public way, public property, a 
11public place of accommodation or amusement, or a sports venue.
12 (b) Offense based on status of victim. A person commits 
13aggravated assault when, in committing an assault, he or she 
14knows the individual assaulted to be any of the following:
15  (1) A physically handicapped person or a person 60 
16 years of age or older and the assault is without legal 
 
 
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1 justification.
2  (2) A teacher or school employee upon school grounds or 
3 grounds adjacent to a school or in any part of a building 
4 used for school purposes.
5  (3) A park district employee upon park grounds or 
6 grounds adjacent to a park or in any part of a building 
7 used for park purposes.
8  (4) A peace officer, community policing volunteer, 
9 fireman, private security officer, emergency management 
10 worker, emergency medical technician, or utility worker:
11   (i) performing his or her official duties;
12   (ii) assaulted to prevent performance of his or her 
13 official duties; or
14   (iii) assaulted in retaliation for performing his 
15 or her official duties.
16  (5) A correctional officer or probation officer:
17   (i) performing his or her official duties;
18   (ii) assaulted to prevent performance of his or her 
19 official duties; or
20   (iii) assaulted in retaliation for performing his 
21 or her official duties.
22  (6) A correctional institution employee, a county 
23 juvenile detention center employee who provides direct and 
24 continuous supervision of residents of a juvenile 
25 detention center, including a county juvenile detention 
26 center employee who supervises recreational activity for 
 
 
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1 residents of a juvenile detention center, or a Department 
2 of Human Services employee, Department of Human Services 
3 officer, or employee of a subcontractor of the Department 
4 of Human Services supervising or controlling sexually 
5 dangerous persons or sexually violent persons:
6   (i) performing his or her official duties;
7   (ii) assaulted to prevent performance of his or her 
8 official duties; or
9   (iii) assaulted in retaliation for performing his 
10 or her official duties.
11  (7) An employee of the State of Illinois, a municipal 
12 corporation therein, or a political subdivision thereof, 
13 performing his or her official duties.
14  (8) A transit employee performing his or her official 
15 duties, or a transit passenger.
16  (9) A sports official or coach actively participating 
17 in any level of athletic competition within a sports venue, 
18 on an indoor playing field or outdoor playing field, or 
19 within the immediate vicinity of such a facility or field.
20  (10) A person authorized to serve process under Section 
21 2-202 of the Code of Civil Procedure or a special process 
22 server appointed by the circuit court, while that 
23 individual is in the performance of his or her duties as a 
24 process server. 
25  (11) A nurse performing his or her duties. 
26 (c) Offense based on use of firearm, device, or motor 
 
 
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1vehicle. A person commits aggravated assault when, in 
2committing an assault, he or she does any of the following:
3  (1) Uses a deadly weapon, an air rifle as defined in 
4 the Air Rifle Act, or any device manufactured and designed 
5 to be substantially similar in appearance to a firearm, 
6 other than by discharging a firearm.
7  (2) Discharges a firearm, other than from a motor 
8 vehicle.
9  (3) Discharges a firearm from a motor vehicle.
10  (4) Wears a hood, robe, or mask to conceal his or her 
11 identity.
12  (5) Knowingly and without lawful justification shines 
13 or flashes a laser gun sight or other laser device attached 
14 to a firearm, or used in concert with a firearm, so that 
15 the laser beam strikes near or in the immediate vicinity of 
16 any person.
17  (6) Uses a firearm, other than by discharging the 
18 firearm, against a peace officer, community policing 
19 volunteer, fireman, private security officer, emergency 
20 management worker, emergency medical technician, employee 
21 of a police department, employee of a sheriff's department, 
22 or traffic control municipal employee:
23   (i) performing his or her official duties;
24   (ii) assaulted to prevent performance of his or her 
25 official duties; or
26   (iii) assaulted in retaliation for performing his 
 
 
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1 or her official duties. 
2  (7) Without justification operates a motor vehicle in a 
3 manner which places a person, other than a person listed in 
4 subdivision (b)(4), in reasonable apprehension of being 
5 struck by the moving motor vehicle.
6  (8) Without justification operates a motor vehicle in a 
7 manner which places a person listed in subdivision (b)(4), 
8 in reasonable apprehension of being struck by the moving 
9 motor vehicle. 
10 (d) Sentence. Aggravated assault as defined in subdivision 
11(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
12(c)(1), or (c)(4) is a Class A misdemeanor, except that 
13aggravated assault as defined in subdivision (b)(4) and (b)(7) 
14is a Class 4 felony if a Category I, Category II, or Category 
15III weapon is used in the commission of the assault. Aggravated 
16assault as defined in subdivision (b)(5), (b)(6), (b)(10), 
17(b)(11), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
18Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
19is a Class 3 felony.
20 (e) For the purposes of this Section, "Category I weapon", 
21"Category II weapon, and "Category III weapon" have the 
22meanings ascribed to those terms in Section 33A-1 of this Code. 

23(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; 
2496-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. 
257-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. 
268-12-11; 97-1109, eff. 1-1-13.)



 
 
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1 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



2 Sec. 12-3.05. Aggravated battery. 

3 (a) Offense based on injury. A person commits aggravated 
4battery when, in committing a battery, other than by the 
5discharge of a firearm, he or she knowingly does any of the 
6following:
7  (1) Causes great bodily harm or permanent disability or 
8 disfigurement.
9  (2) Causes severe and permanent disability, great 
10 bodily harm, or disfigurement by means of a caustic or 
11 flammable substance, a poisonous gas, a deadly biological 
12 or chemical contaminant or agent, a radioactive substance, 
13 or a bomb or explosive compound.
14  (3) Causes great bodily harm or permanent disability or 
15 disfigurement to an individual whom the person knows to be 
16 a peace officer, community policing volunteer, fireman, 
17 private security officer, correctional institution 
18 employee, or Department of Human Services employee 
19 supervising or controlling sexually dangerous persons or 
20 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.
 
 
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1  (4) Causes great bodily harm or permanent disability or 
2 disfigurement to an individual 60 years of age or older.
3  (5) Strangles another individual. 
4 (b) Offense based on injury to a child or intellectually 
5disabled person. A person who is at least 18 years of age 
6commits aggravated battery when, in committing a battery, he or 
7she knowingly and without legal justification by any means:
8  (1) causes great bodily harm or permanent disability or 
9 disfigurement to any child under the age of 13 years, or to 
10 any severely or profoundly intellectually disabled person; 
11 or
12  (2) causes bodily harm or disability or disfigurement 
13 to any child under the age of 13 years or to any severely 
14 or profoundly intellectually disabled person. 
15 (c) Offense based on location of conduct. A person commits 
16aggravated battery when, in committing a battery, other than by 
17the discharge of a firearm, he or she is or the person battered 
18is on or about a public way, public property, a public place of 
19accommodation or amusement, a sports venue, or a domestic 
20violence shelter.
21 (d) Offense based on status of victim. A person commits 
22aggravated battery when, in committing a battery, other than by 
23discharge of a firearm, he or she knows the individual battered 
24to be any of the following:
25  (1) A person 60 years of age or older.
26  (2) A person who is pregnant or physically handicapped.
 
 
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1  (3) A teacher or school employee upon school grounds or 
2 grounds adjacent to a school or in any part of a building 
3 used for school purposes.
4  (4) A peace officer, community policing volunteer, 
5 fireman, private security officer, correctional 
6 institution employee, or Department of Human Services 
7 employee supervising or controlling sexually dangerous 
8 persons or sexually violent persons:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (5) A judge, emergency management worker, emergency 
15 medical technician, or utility 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  (6) An officer or employee of the State of Illinois, a 
22 unit of local government, or a school district, while 
23 performing his or her official duties.
24  (7) A transit employee performing his or her official 
25 duties, or a transit passenger.
26  (8) A taxi driver on duty.
 
 
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1  (9) A merchant who detains the person for an alleged 
2 commission of retail theft under Section 16-26 of this Code 
3 and the person without legal justification by any means 
4 causes bodily harm to the merchant.
5  (10) A person authorized to serve process under Section 
6 2-202 of the Code of Civil Procedure or a special process 
7 server appointed by the circuit court while that individual 
8 is in the performance of his or her duties as a process 
9 server.
10  (11) A nurse performing his or her duties. 
11 (e) Offense based on use of a firearm. A person commits 
12aggravated battery when, in committing a battery, he or she 
13knowingly does any of the following:
14  (1) Discharges a firearm, other than a machine gun or a 
15 firearm equipped with a silencer, and causes any injury to 
16 another person.
17  (2) Discharges a firearm, other than a machine gun or a 
18 firearm equipped with a silencer, and causes any injury to 
19 a person he or she knows to be a peace officer, community 
20 policing volunteer, person summoned by a police officer, 
21 fireman, private security officer, correctional 
22 institution employee, or emergency management worker:
23   (i) performing his or her official duties;
24   (ii) battered to prevent performance of his or her 
25 official duties; or
26   (iii) battered in retaliation for performing his 
 
 
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1 or her official duties.
2  (3) Discharges a firearm, other than a machine gun or a 
3 firearm equipped with a silencer, and causes any injury to 
4 a person he or she knows to be an emergency medical 
5 technician employed by a municipality or other 
6 governmental unit:
7   (i) performing his or her official duties;
8   (ii) battered to prevent performance of his or her 
9 official duties; or
10   (iii) battered in retaliation for performing his 
11 or her official duties.
12  (4) Discharges a firearm and causes any injury to a 
13 person he or she knows to be a teacher, a student in a 
14 school, or a school employee, and the teacher, student, or 
15 employee is upon school grounds or grounds adjacent to a 
16 school or in any part of a building used for school 
17 purposes.
18  (5) Discharges a machine gun or a firearm equipped with 
19 a silencer, and causes any injury to another person.
20  (6) Discharges a machine gun or a firearm equipped with 
21 a silencer, and causes any injury to a person he or she 
22 knows to be a peace officer, community policing volunteer, 
23 person summoned by a police officer, fireman, private 
24 security officer, correctional institution employee or 
25 emergency management worker:
26   (i) performing his or her official duties;
 
 
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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  (7) Discharges a machine gun or a firearm equipped with 
6 a silencer, and causes any injury to a person he or she 
7 knows to be an emergency medical technician employed by a 
8 municipality or other governmental unit:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (8) Discharges a machine gun or a firearm equipped with 
15 a silencer, and causes any injury to a person he or she 
16 knows to be a teacher, or a student in a school, or a 
17 school employee, and the teacher, student, or employee is 
18 upon school grounds or grounds adjacent to a school or in 
19 any part of a building used for school purposes. 
20 (f) Offense based on use of a weapon or device. A person 
21commits aggravated battery when, in committing a battery, he or 
22she does any of the following:
23  (1) Uses a deadly weapon other than by discharge of a 
24 firearm, or uses an air rifle as defined in the Air Rifle

25 Act.
26  (2) Wears a hood, robe, or mask to conceal his or her 
 
 
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1 identity.
2  (3) Knowingly and without lawful justification shines 
3 or flashes a laser gunsight or other laser device attached 
4 to a firearm, or used in concert with a firearm, so that 
5 the laser beam strikes upon or against the person of 
6 another.
7 (g) Offense based on certain conduct. A person commits 
8aggravated battery when, other than by discharge of a firearm, 
9he or she does any of the following:
10  (1) Violates Section 401 of the Illinois Controlled 
11 Substances Act by unlawfully delivering a controlled 
12 substance to another and any user experiences great bodily 
13 harm or permanent disability as a result of the injection, 
14 inhalation, or ingestion of any amount of the controlled 
15 substance.
16  (2) Knowingly administers to an individual or causes 
17 him or her to take, without his or her consent or by threat 
18 or deception, and for other than medical purposes, any 
19 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
20 or controlled substance, or gives to another person any 
21 food containing any substance or object intended to cause 
22 physical injury if eaten.
23  (3) Knowingly causes or attempts to cause a 
24 correctional institution employee or Department of Human 
25 Services employee to come into contact with blood, seminal 
26 fluid, urine, or feces by throwing, tossing, or expelling 
 
 
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1 the fluid or material, and the person is an inmate of a 
2 penal institution or is a sexually dangerous person or 
3 sexually violent person in the custody of the Department of 
4 Human Services.
5 (h) Sentence. Unless otherwise provided, aggravated 
6battery is a Class 3 felony.
7 Aggravated battery as defined in subdivision (a)(4), 
8(d)(4), or (g)(3) is a Class 2 felony.
9 Aggravated battery as defined in subdivision (a)(3) or 
10(g)(1) is a Class 1 felony.
11 Aggravated battery as defined in subdivision (a)(1) is a 
12Class 1 felony when the aggravated battery was intentional and 
13involved the infliction of torture, as defined in paragraph 
14(14) of subsection (b) of Section 9-1 of this Code, as the 
15infliction of or subjection to extreme physical pain, motivated 
16by an intent to increase or prolong the pain, suffering, or 
17agony of the victim. 
18 Aggravated battery under subdivision (a)(5) is a
Class 1 
19felony if:
20  (A) the person used or attempted to use a dangerous

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

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

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

2 state. 
3 Aggravated battery as defined in subdivision (e)(1) is a 
4Class X felony.
5 Aggravated battery as defined in subdivision (a)(2) is a 
6Class X felony for which a person shall be sentenced to a term 
7of imprisonment of a minimum of 6 years and a maximum of 45 
8years.
9 Aggravated battery as defined in subdivision (e)(5) is a 
10Class X felony for which a person shall be sentenced to a term 
11of imprisonment of a minimum of 12 years and a maximum of 45 
12years.
13 Aggravated battery as defined in subdivision (e)(2), 
14(e)(3), or (e)(4) is a Class X felony for which a person shall 
15be sentenced to a term of imprisonment of a minimum of 15 years 
16and a maximum of 60 years.
17 Aggravated battery as defined in subdivision (e)(6), 
18(e)(7), or (e)(8) is a Class X felony for which a person shall 
19be sentenced to a term of imprisonment of a minimum of 20 years 
20and a maximum of 60 years.
21 Aggravated battery as defined in subdivision (b)(1) is a 
22Class X felony, except that:
23  (1) if the person committed the offense while armed 
24 with a firearm, 15 years shall be added to the term of 
25 imprisonment imposed by the court;
26  (2) if, during the commission of the offense, the 
 
 
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1 person personally discharged a firearm, 20 years shall be 
2 added to the term of imprisonment imposed by the court;
3  (3) if, during the commission of the offense, the 
4 person personally discharged a firearm that proximately 
5 caused great bodily harm, permanent disability, permanent 
6 disfigurement, or death to another person, 25 years or up 
7 to a term of natural life shall be added to the term of 
8 imprisonment imposed by the court.
9 (i) Definitions. For the purposes of this Section:
10 "Building or other structure used to provide shelter" has 
11the meaning ascribed to "shelter" in Section 1 of the Domestic 
12Violence Shelters Act.
13 "Domestic violence" has the meaning ascribed to it in 
14Section 103 of the Illinois Domestic Violence Act of 1986.
15 "Domestic violence shelter" means any building or other 
16structure used to provide shelter or other services to victims 
17or to the dependent children of victims of domestic violence 
18pursuant to the Illinois Domestic Violence Act of 1986 or the 
19Domestic Violence Shelters Act, or any place within 500 feet of 
20such a building or other structure in the case of a person who 
21is going to or from such a building or other structure.
22 "Firearm" has the meaning provided under Section 1.1
of the 
23Firearm Owners Identification Card Act, and does
not include an 
24air rifle as defined by Section 1 of the Air
Rifle Act. 
25 "Machine gun" has the meaning ascribed to it in Section 
2624-1 of this Code.
 
 
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1 "Merchant" has the meaning ascribed to it in Section 16-0.1 
2of this Code. 
3 "Strangle" means
intentionally impeding the normal 
4breathing or circulation of the blood of an individual by 
5applying pressure on the throat
or neck of that individual or 
6by blocking the nose or mouth of
that individual. 

7(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; 
896-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. 
91-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, 
10and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)".