Bill Title: Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is 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; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Passed) 2020-08-07 - Public Act . . . . . . . . . 101-0651
[SB0471 Detail]Download: Illinois-2019-SB0471-Chaptered.html
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Public Act 101-0651
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SB0471 Enrolled | LRB101 04232 JLS 49240 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Employee Disability Act is amended by |
changing Section 1 as follows:
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(5 ILCS 345/1) (from Ch. 70, par. 91)
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Sec. 1. Disability benefit.
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(a) For the purposes of this Section, "eligible employee" |
means any
part-time or full-time State correctional officer or |
any other full or
part-time employee of the Department of |
Corrections, any full or part-time
employee of the Prisoner |
Review Board, any full or part-time employee of the
Department |
of Human Services working within a
penal institution or a State |
mental health or developmental
disabilities facility operated |
by the Department of Human Services, and any
full-time law |
enforcement officer or
full-time firefighter, including a |
full-time paramedic or a firefighter who performs paramedic |
duties, who is employed by the State of Illinois, any unit of
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local government (including any home rule unit), any State |
supported college or
university, or any other public entity |
granted the power to employ persons for
such purposes by law.
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(b) Whenever an eligible employee suffers any injury in the |
line of duty
which causes him to be unable to perform his |
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duties, he shall continue to be
paid by the employing public |
entity on the same basis as he was paid before the
injury, with |
no deduction from his sick leave credits, compensatory time for
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overtime accumulations or vacation, or service credits in a |
public employee
pension fund during the time he is unable to |
perform his duties due to the
result of the injury, but not |
longer than one year in relation to the same
injury , except as |
otherwise provided under subsection (b-5) . However, no injury |
to an employee of the Department
of Corrections or
the Prisoner |
Review Board working within a penal institution or an employee |
of
the Department of Human Services working within a
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departmental mental health or developmental disabilities |
facility shall
qualify the employee for benefits under this |
Section unless the
injury is the
direct or indirect result of |
violence by inmates of the penal institution or
residents of |
the mental health or developmental
disabilities facility.
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(b-5) Upon the occurrence of circumstances, directly or |
indirectly attributable to COVID-19, occurring on or after |
March 9, 2020 and on or before December 31, 2020 which would |
hinder the physical recovery from an injury of an eligible |
employee within the one-year period as required under |
subsection (b), the eligible employee shall be entitled to an |
extension of no longer than 60 days by which he or she shall |
continue to be paid by the employing public entity on the same |
basis as he or she was paid before the injury. The employing |
public entity may require proof of the circumstances hindering |
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an eligible employee's physical recovery before granting the |
extension provided under this subsection (b-5). |
(c) At any time during the period for which continuing |
compensation
is required by this Act, the employing public |
entity may order at the
expense of that entity physical or |
medical examinations of the injured
person to determine the |
degree of disability.
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(d) During this period of disability, the injured person |
shall not
be employed in any other manner, with or without |
monetary compensation.
Any person who is employed in violation |
of this paragraph forfeits the
continuing compensation |
provided by this Act from the time such
employment begins. Any |
salary compensation due the injured person from
workers' |
compensation or any salary due him from any type of insurance
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which may be carried by the employing public entity shall |
revert to that
entity during the time for which continuing |
compensation is paid to him
under this Act. Any person with a |
disability receiving compensation under the
provisions of this |
Act shall not be entitled to any benefits for which
he would |
qualify because of his disability under the provisions of the
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Illinois Pension Code.
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(e) Any employee of the State of Illinois, as defined in |
Section 14-103.05
of the Illinois Pension Code, who becomes |
permanently unable to perform the
duties of such employment due |
to an injury received in the active performance
of his duties |
as a State employee as a result of a willful act of violence by
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another employee of the State of Illinois, as so defined, |
committed during such
other employee's course of employment and |
after January 1, 1988, shall be
eligible for benefits pursuant |
to the provisions of this Section. For purposes
of this |
Section, permanent disability is defined as a diagnosis or |
prognosis of
an inability to return to current job duties by a |
physician licensed to
practice medicine in all of its branches.
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(f) The compensation and other benefits provided to |
part-time employees
covered by this Section shall be calculated |
based on the percentage of time
the part-time employee was |
scheduled to work pursuant to his or her status as
a part-time |
employee.
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(g) Pursuant to paragraphs (h) and (i) of Section 6 of |
Article VII of
the Illinois Constitution, this Act specifically |
denies and limits the exercise
by home rule units of any power |
which is inconsistent herewith, and all
existing laws and |
ordinances which are inconsistent herewith are hereby
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superseded. This Act does not preempt the concurrent exercise |
by home rule
units of powers consistent herewith.
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This Act does not apply to any home rule unit with a |
population of over
1,000,000.
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(h) In those cases where the injury to a State employee for |
which
a benefit is payable under this Act was caused
under |
circumstances creating a legal liability for damages on the |
part
of some person other than the State employer, all of the |
rights
and privileges, including the right to notice of suit |
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brought against
such other person and the right to commence or |
join in such suit, as
given the employer, together with the |
conditions or obligations imposed
under paragraph (b) of |
Section 5 of the Workers' Compensation Act,
are also given and |
granted to the State, to the end that, with respect to State |
employees only, the State
may be paid or reimbursed for the |
amount of
benefit paid or
to be paid by the
State to the |
injured employee or his or her personal representative out of |
any
judgment, settlement, or payment
for such injury obtained |
by such injured employee or his
or her personal representative |
from such other person by virtue of the injury. |
(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
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Section 10. The Illinois Horse Racing Act of 1975 is |
amended by adding Section 15.5 as follows:
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(230 ILCS 5/15.5 new) |
Sec. 15.5. Labor agreements. |
(a) This Section applies to each entity subject to this Act |
that has at least 10 employees on average over the 12 months |
preceding application for an organization gaming license. |
(b) Before an organization gaming license may be granted or |
renewed, the applicant or licensee seeking an organization |
gaming license or renewal shall: |
(1) Enter into, and observe, the terms of a collective |
bargaining agreement with any labor organization seeking |
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to represent a majority of the licensee's employees in a |
bargaining unit consisting of all non-supervisory and |
non-management employees in the classifications identified |
by the labor organization. Any new employees hired by the |
licensee who perform work substantially similar to current |
employees in an existing bargaining unit already |
represented by a labor organization at the facility shall |
be incorporated into that existing bargaining unit. |
(2) Upon written notice by a labor organization of its |
desire to represent employees in a designated bargaining |
unit, the licensee shall: |
(A) provide the names, classifications, and home |
addresses of each and every employee in the identified |
bargaining unit; |
(B) refrain from expressing any views on the |
question whether its employees should be represented |
by a labor organization; |
(C) refrain from restraining or coercing its |
employees in choosing to be represented or not |
represented by a labor organization; and |
(D) allow designated representatives of the labor |
organization access to its non-work areas for the |
purpose of meeting privately with its employees during |
non-working times. |
(3) Upon a showing of majority interest, to be |
certified through card check by the Federal Mediation and |
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Conciliation Service or from a designated arbitrator from a |
permanent panel of arbitrators appointed by the Illinois |
Racing Board, the licensee and the labor organization shall |
immediately enter into negotiations for a collective |
bargaining agreement. |
(4) If the parties are unable to conclude a labor |
agreement within 60 days following the date of |
certification, the terms of the agreement shall be set by |
an arbitrator jointly selected by the parties from a panel |
of arbitrators designated by the Illinois Racing Board, who |
shall issue a final and binding award within 120 days after |
the date of certification, if the parties fail to conclude |
an agreement by that date. Except with regard to the |
minimum requirements in paragraph (5), the arbitrator |
shall be guided by the terms of labor agreements covering |
the same or similar classifications of employees within 100 |
miles of the facility or facilities for which the agreement |
is negotiated. The arbitrator shall also resolve all |
disputes regarding the scope and composition of the |
bargaining unit covered under the labor agreement. The |
licensee and the labor organization shall share equally the |
expenses of the arbitrator. No labor agreement shall cover |
employees in a bargaining unit for which another labor |
organization has been certified as a bargaining |
representative under this Act and that continues to |
actively represent such employees. |
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(5) All labor agreements required under this Section |
shall, at a minimum, include a: |
(A) term of at least 3 years; |
(B) prohibition on strikes or other work stoppages |
by the labor organization and the represented |
employees during the term of the labor agreement; and |
(C) restriction on subcontracting any work |
performed on or about the licensee's premises as part |
of its normal operations except by mutual agreement |
with the labor organization, and then only to a person |
or firm that is signatory to a labor agreement with a |
labor organization that has indicated its interest in |
representing the employees of the subcontractor, |
provided, the subcontractor's employees are not |
lawfully represented by another labor organization. |
(6) A copy of the fully executed labor agreement shall |
be submitted to the Illinois Racing Board prior to the |
issuance or renewal of any organization gaming license |
required under this Act. |
(c) Upon the expiration of a labor agreement required under |
this Section, the parties shall negotiate a successor agreement |
under the procedures set forth in paragraphs (4) and (5) of |
subsection (b), except that the negotiation and arbitration |
procedures shall commence upon the last effective day of the |
expiring labor agreement. |
(d) The provisions of this Section, except for paragraph |
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(2) of subsection (b), do not apply to any entity that is |
covered, or subsequently becomes covered, under the National |
Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in |
this Act shall affect or diminish the validity and |
enforceability of any collective bargaining agreement entered |
into during the period that this Act applies.
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Section 15. The Criminal Code of 2012 is amended by |
changing Section 12-3.05 as follows:
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(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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Sec. 12-3.05. Aggravated battery.
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(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, |
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private security officer, correctional institution |
employee, 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) 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, |
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 |
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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. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, correctional |
institution employee, 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. |
(5) A judge, emergency management worker, emergency |
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medical services personnel, or utility 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. |
(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. |
(12) A merchant: (i) while performing his or her |
duties, including, but not limited to, relaying directions |
for healthcare or safety from his or her supervisor or |
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employer or relaying health or safety guidelines, |
recommendations, regulations, or rules from a federal, |
State, or local public health agency; and (ii) during a |
disaster declared by the Governor, or a state of emergency |
declared by the mayor of the municipality in which the |
merchant is located, due to a public health emergency and |
for a period of 6 months after such declaration. |
(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. |
(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 |
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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. |
(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. |
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(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 |
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 |
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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 |
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 |
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Human Services. |
(h) Sentence. Unless otherwise provided, aggravated |
battery is a Class 3 felony. |
Aggravated battery as defined in subdivision (a)(4), |
(d)(4), or (g)(3) is a Class 2 felony. |
Aggravated battery as defined in subdivision (a)(3) 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 |
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
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instrument while committing the offense; or |
(B) the person caused great bodily harm or
permanent |
disability or disfigurement to the other
person while |
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committing the offense; or |
(C) the person has been previously convicted of a
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violation of subdivision (a)(5) under the laws of this
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State or laws similar to subdivision (a)(5) of any other
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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 |
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 |
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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 |
the meaning ascribed to "shelter" in Section 1 of the Domestic |
Violence Shelters Act. |
"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 |
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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. |
"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.
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(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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