Bill Text: IL HB4322 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that aggravated battery, other than by the discharge of a firearm, includes a battery committed by a person who, at the time of the commission of the offense, is 21 years of age or older and the battery was committed upon an individual whom the person committing the offense knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, or a Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony, except if the battery causes great bodily harm or permanent disability or disfigurement to an individual, a violation is a Class 1 felony. Defines "Department of Children and Family Services employee" and "ombudsman".

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4322 Detail]

Download: Illinois-2019-HB4322-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4322 Introduced , by Rep. Tony McCombie SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
Amends the Criminal Code of 2012. Provides that aggravated battery, other than by the discharge of a firearm, includes a battery committed by a person who, at the time of the commission of the offense, is 21 years of age or older and the battery was committed upon an individual whom the person committing the offense knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, or a Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony, except if the battery causes great bodily harm or permanent disability or disfigurement to an individual, a violation is a Class 1 felony. Defines "Department of Children and Family Services employee" and "ombudsman".
LRB101 15234 RLC 67231 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 12-3.05 as follows:
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability or
disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or
disfigurement to an individual whom the person knows to be
a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, a person performing duties related to the Adult

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Protective Services Act or ombudsman under the State Long
Term Care Ombudsman Program of the Department on Aging, or
Department of Human Services employee supervising or
controlling sexually dangerous persons or sexually violent
persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3.1) Is, at the time of the commission of the offense,
21 years of age or older and 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:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability or
disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,

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he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability or
disfigurement to any child under the age of 13 years, or to
any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter, or in a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
(d) Offense based on status of victim. 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 any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.

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(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, a person performing duties related
to the Adult Protective Services Act or ombudsman under the
State Long Term Care Ombudsman Program of the Department on
Aging, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4.1)(A) A Department of Children and Family Services
employee:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties; and
(B) the person committing the offense, at the time of
the commission of the offense, is 21 years of age or older.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her

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official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this Code
and the person without legal justification by any means
causes bodily harm to the merchant.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court while that individual
is in the performance of his or her duties as a process
server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
another person.

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(2) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be a peace officer, community
policing volunteer, person summoned by a police officer,
fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be emergency medical services
personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.

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(5) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a peace officer, community policing volunteer,
person summoned by a police officer, fireman, private
security officer, correctional institution employee or
emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in

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any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes

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him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic,
or controlled substance, or gives to another person any
food containing any substance or object intended to cause
physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department of
Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3),
(a)(3.1), or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain, motivated
by an intent to increase or prolong the pain, suffering, or

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agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term

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of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has

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the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Department of Children and Family Services employee"
includes a worker, case worker, 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.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
"Ombudsman" has the meaning ascribed to it in paragraph
(3.1) of subsection (b) of Section 4.04 of the Illinois Act on
the Aging.

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"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)