Rep. Sue Scherer
Filed: 4/8/2013
 
 


 




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

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

10 instrument while committing the offense; or
11  (B) the person caused great bodily harm or
permanent 
12 disability or disfigurement to the other
person while 
13 committing the offense; or
14  (C) the person has been previously convicted of a

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

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

17 state. 
18 Aggravated battery as defined in subdivision (e)(1) is a 
19Class X felony.
20 Aggravated battery as defined in subdivision (a)(2) is a 
21Class X felony for which a person shall be sentenced to a term 
22of imprisonment of a minimum of 6 years and a maximum of 45 
23years.
24 Aggravated battery as defined in subdivision (e)(5) is a 
25Class X felony for which a person shall be sentenced to a term 
26of imprisonment of a minimum of 12 years and a maximum of 45 
 
 
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1years.
2 Aggravated battery as defined in subdivision (e)(2), 
3(e)(3), or (e)(4) is a Class X felony for which a person shall 
4be sentenced to a term of imprisonment of a minimum of 15 years 
5and a maximum of 60 years.
6 Aggravated battery as defined in subdivision (e)(6), 
7(e)(7), or (e)(8) is a Class X felony for which a person shall 
8be sentenced to a term of imprisonment of a minimum of 20 years 
9and a maximum of 60 years.
10 Aggravated battery as defined in subdivision (b)(1) is a 
11Class X felony, except that:
12  (1) if the person committed the offense while armed 
13 with a firearm, 15 years shall be added to the term of 
14 imprisonment imposed by the court;
15  (2) if, during the commission of the offense, the 
16 person personally discharged a firearm, 20 years shall be 
17 added to the term of imprisonment imposed by the court;
18  (3) if, during the commission of the offense, the 
19 person personally discharged a firearm that proximately 
20 caused great bodily harm, permanent disability, permanent 
21 disfigurement, or death to another person, 25 years or up 
22 to a term of natural life shall be added to the term of 
23 imprisonment imposed by the court.
24 (i) Definitions. For the purposes of this Section:
25 "Building or other structure used to provide shelter" has 
26the meaning ascribed to "shelter" in Section 1 of the Domestic 
 
 
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1Violence Shelters Act.
2 "Domestic violence" has the meaning ascribed to it in 
3Section 103 of the Illinois Domestic Violence Act of 1986.
4 "Domestic violence shelter" means any building or other 
5structure used to provide shelter or other services to victims 
6or to the dependent children of victims of domestic violence 
7pursuant to the Illinois Domestic Violence Act of 1986 or the 
8Domestic Violence Shelters Act, or any place within 500 feet of 
9such a building or other structure in the case of a person who 
10is going to or from such a building or other structure.
11 "Firearm" has the meaning provided under Section 1.1
of the 
12Firearm Owners Identification Card Act, and does
not include an 
13air rifle as defined by Section 1 of the Air
Rifle Act. 
14 "Machine gun" has the meaning ascribed to it in Section 
1524-1 of this Code.
16 "Merchant" has the meaning ascribed to it in Section 16-0.1 
17of this Code. 
18 "Strangle" means
intentionally impeding the normal 
19breathing or circulation of the blood of an individual by 
20applying pressure on the throat
or neck of that individual or 
21by blocking the nose or mouth of
that individual. 

22(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; 
2396-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. 
241-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, 
25and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)".