Bill Text: IL SB2004 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Criminal Code of 1961. Provides that the assault or battery of a person known by the offender to be a process server in the performance of the delivery of court documents is enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault of a process server under such circumstances is a Class 4 felony. Provides that the aggravated battery of a process server under such circumstances is a Class 3 felony.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0313 [SB2004 Detail]

Download: Illinois-2011-SB2004-Chaptered.html

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Public Act 097-0313
SB2004 Enrolled LRB097 10196 RLC 50389 b
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 1961 is amended by changing
Sections 12-2 and 12-4 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in
committing an assault, he:
(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

official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and
designed to be substantially similar in appearance to a
firearm;
(3) Knows the individual assaulted to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) Knows the individual assaulted to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used for
park purposes;
(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

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;
(6) Knows the individual assaulted to be a peace
officer, a community policing volunteer, 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, community policing volunteer, or
fireman from performing his official duties, or in
retaliation for the officer, community policing volunteer,
or fireman performing his official duties, and the assault
is committed other than by the discharge of a firearm in
the direction of the officer or fireman or in the direction
of a vehicle occupied by the officer or fireman;
(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

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;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(9) Or the individual assaulted is on or about a public
way, public property, or public place of accommodation or
amusement;
(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

place in this venue;
(10) Knows the individual assaulted to be an employee
of the State of Illinois, a municipal corporation therein
or a political subdivision thereof, engaged in the
performance of his authorized duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm, other than from a motor
vehicle;
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the
execution of any of his or her official duties, or to
prevent the officer from performing his or her official
duties, or in retaliation for the officer performing his or
her official duties;
(14.5) Knows the individual assaulted to be a probation
officer, as defined in the Probation and Probation Officers
Act, while the officer is engaged in the execution of any
of his or her official duties, or to prevent the officer
from performing his or her official duties, or in
retaliation for the officer performing his or her official
duties;
(15) Knows the individual assaulted to be a

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;
(16) Knows the individual assaulted to be an employee
of a police or sheriff's department, or a person who is
employed by a municipality and whose duties include traffic
control, engaged in the performance of his or her official
duties as such employee;
(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

participant in the athletic contest held at the athletic
facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee; and "coach" means a person recognized as a coach
by the sanctioning authority that conducted the athletic
contest;
(18) Knows the individual assaulted to be an emergency
management worker, while the emergency management worker
is engaged in the execution of any of his or her official
duties, or to prevent the emergency management worker from
performing his or her official duties, or in retaliation
for the emergency management worker performing his or her
official duties, and the assault is committed other than by
the discharge of a firearm in the direction of the
emergency management worker or in the direction of a
vehicle occupied by the emergency management worker; or
(19) Knows the individual assaulted 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
for the utility worker performing his or her duties. 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

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; or .
(20) Knows the individual assaulted to be either:
(A) a person authorized to serve process under
Section 2-202 of the Code of Civil Procedure; or
(B) 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.
(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

that the laser beam strikes near or in the immediate vicinity
of any person.
(a-10) A person commits an aggravated assault when he or
she knowingly and without justification operates a motor
vehicle in a manner which places a person in reasonable
apprehension of being struck by a moving vehicle.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), (14.5), and (15), and (20) of
subsection (a) of this Section and as defined in subsection
(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
assault as defined in paragraphs (6) and (16) of subsection (a)
of this Section is a Class A misdemeanor if a Category I,
Category II, or Category III weapon is not used in the
commission of the assault. Aggravated assault as defined in
paragraphs (6) and (16) of subsection (a) of this Section is a
Class 4 felony if a Category I, Category II, or Category III
weapon is used in the commission of the assault. Aggravated
assault as defined in paragraphs (7) and (18) of subsection (a)
of this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault. Aggravated assault as
defined in paragraphs (7) and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in

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. For the purposes of this subsection (b), "Category I
weapon", "Category II weapon", and "Category III weapon" have
the meanings ascribed to those terms in subsection (c) of
Section 33A-1 of this Code.
(c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
revised 9-16-10.)
(720 ILCS 5/12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the discharge of
a firearm, or uses an air rifle as defined in the Air Rifle

Act;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the
execution of any official duties, or to prevent the
volunteer from performing official duties, or in
retaliation for the volunteer performing official duties,
and the battery is committed other than by the discharge of
a firearm;
(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

medical assistance, first aid personnel, or hospital
personnel from performing official duties, or in
retaliation for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(8.5) Is, or the person battered is, on 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
place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(10) Knows the individual harmed to be an individual of

60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who is
physically handicapped;
(15) Knowingly and without legal justification and by
any means causes bodily harm to a merchant who detains the
person for an alleged commission of retail theft under
Section 16A-5 of this Code. In this item (15), "merchant"
has the meaning ascribed to it in Section 16A-2.4 of this
Code;
(16) Is, or the person battered is, in 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 the person battered is within 500 feet of such a
building or other structure while going to or from such a
building or other structure. "Domestic violence" has the
meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure
used to provide shelter" has the meaning ascribed to
"shelter" in Section 1 of the Domestic Violence Shelters

Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local
government, or school district engaged in the performance
of his or her authorized duties as such officer or
employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his
or her official duties, or to prevent the emergency
management worker from performing official duties, or in
retaliation for the emergency management worker performing
official duties;
(20) Knows the individual harmed to be a private
security officer engaged in the performance of any of his
or her official duties, or to prevent the private security
officer from performing official duties, or in retaliation
for the private security officer performing official
duties; or
(21) Knows the individual harmed to be a taxi driver
and the battery is committed while the taxi driver is on
duty; 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

for the utility worker performing his or her duties. In
this paragraph (22), "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
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; or .
(23) Knows the individual harmed to be a either:
(A) a person authorized to serve process under
Section 2-202 of the Code of Civil Procedure; or
(B) 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.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
(d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
(d-3) A person commits aggravated battery 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
that the laser beam strikes upon or against the person of
another.
(d-5) An inmate of a penal institution or a sexually

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. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
(d-6) A person commits aggravated battery when he or she,
in committing a battery, strangles another individual. For the
purposes of this subsection (d-6), "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.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2),
(3), (4), and (5) aggravated battery is a Class 3 felony.
(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

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.
(3) Aggravated battery that causes great bodily harm or
permanent disability or disfigurement in violation of
subsection (a) is a Class 1 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 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.
(4) Aggravated battery under subsection (d-5) is a
Class 2 felony.

(5) Aggravated battery under subsection (d-6) 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 subsection (d-6) under the laws of this
State or laws similar to subsection (d-6) of any other
state.
(6) For purposes of this subsection (e), the term
"firearm" shall have the meaning provided under Section 1.1
of the Firearms Owners Identification Card Act, and shall
not include an air rifle as defined by Section 1 of the Air
Rifle Act.
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)