Bill Text: IL SB3435 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 2012. Provides that a person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be a child under the age of 13 years assaulted by a person who is at least 18 years of age. Provides that the penalty is a Class A misdemeanor.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3435 Detail]
Download: Illinois-2013-SB3435-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Section 12-2 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 | ||||||
9 | aggravated assault when he or she commits an assault against an | ||||||
10 | individual who is on or about a public way, public property, a | ||||||
11 | public place of accommodation or amusement, or a sports venue. | ||||||
12 | (b) Offense based on status of victim. A person commits | ||||||
13 | aggravated assault when, in committing an assault, he or she | ||||||
14 | knows 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 | ||||||
17 | justification. | ||||||
18 | (2) A teacher or school employee upon school grounds or | ||||||
19 | grounds adjacent to a school or in any part of a building | ||||||
20 | used for school purposes. | ||||||
21 | (3) A park district employee upon park grounds or | ||||||
22 | grounds adjacent to a park or in any part of a building | ||||||
23 | used for park purposes. |
| |||||||
| |||||||
1 | (4) A peace officer, community policing volunteer, | ||||||
2 | fireman, private security officer, emergency management | ||||||
3 | worker, emergency medical technician, or utility worker: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) assaulted to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) assaulted in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (5) A correctional officer or probation officer: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) assaulted to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) assaulted in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (6) A correctional institution employee, a county | ||||||
16 | juvenile detention center employee who provides direct and | ||||||
17 | continuous supervision of residents of a juvenile | ||||||
18 | detention center, including a county juvenile detention | ||||||
19 | center employee who supervises recreational activity for | ||||||
20 | residents of a juvenile detention center, or a Department | ||||||
21 | of Human Services employee, Department of Human Services | ||||||
22 | officer, or employee of a subcontractor of the Department | ||||||
23 | of Human Services supervising or controlling sexually | ||||||
24 | dangerous persons or sexually violent persons: | ||||||
25 | (i) performing his or her official duties; | ||||||
26 | (ii) assaulted to prevent performance of his or her |
| |||||||
| |||||||
1 | official duties; or | ||||||
2 | (iii) assaulted in retaliation for performing his | ||||||
3 | or her official duties. | ||||||
4 | (7) An employee of the State of Illinois, a municipal | ||||||
5 | corporation therein, or a political subdivision thereof, | ||||||
6 | performing his or her official duties. | ||||||
7 | (8) A transit employee performing his or her official | ||||||
8 | duties, or a transit passenger. | ||||||
9 | (9) A sports official or coach actively participating | ||||||
10 | in any level of athletic competition within a sports venue, | ||||||
11 | on an indoor playing field or outdoor playing field, or | ||||||
12 | within the immediate vicinity of such a facility or field. | ||||||
13 | (10) A person authorized to serve process under Section | ||||||
14 | 2-202 of the Code of Civil Procedure or a special process | ||||||
15 | server appointed by the circuit court, while that | ||||||
16 | individual is in the performance of his or her duties as a | ||||||
17 | process server. | ||||||
18 | (11) A child under the age of 13 years assaulted by a | ||||||
19 | person who is at least 18 years of age. | ||||||
20 | (c) Offense based on use of firearm, device, or motor | ||||||
21 | vehicle. A person commits aggravated assault when, in | ||||||
22 | committing an assault, he or she does any of the following: | ||||||
23 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
24 | the Air Rifle Act, or any device manufactured and designed | ||||||
25 | to be substantially similar in appearance to a firearm, | ||||||
26 | other than by discharging a firearm. |
| |||||||
| |||||||
1 | (2) Discharges a firearm, other than from a motor | ||||||
2 | vehicle. | ||||||
3 | (3) Discharges a firearm from a motor vehicle. | ||||||
4 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
5 | identity. | ||||||
6 | (5) Knowingly and without lawful justification shines | ||||||
7 | or flashes a laser gun sight or other laser device attached | ||||||
8 | to a firearm, or used in concert with a firearm, so that | ||||||
9 | the laser beam strikes near or in the immediate vicinity of | ||||||
10 | any person. | ||||||
11 | (6) Uses a firearm, other than by discharging the | ||||||
12 | firearm, against a peace officer, community policing | ||||||
13 | volunteer, fireman, private security officer, emergency | ||||||
14 | management worker, emergency medical technician, employee | ||||||
15 | of a police department, employee of a sheriff's department, | ||||||
16 | or traffic control municipal employee: | ||||||
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 | (7) Without justification operates a motor vehicle in a | ||||||
23 | manner which places a person, other than a person listed in | ||||||
24 | subdivision (b)(4), in reasonable apprehension of being | ||||||
25 | struck by the moving motor vehicle. | ||||||
26 | (8) Without justification operates a motor vehicle in a |
| |||||||
| |||||||
1 | manner which places a person listed in subdivision (b)(4), | ||||||
2 | in reasonable apprehension of being struck by the moving | ||||||
3 | motor vehicle. | ||||||
4 | (9) Knowingly video or audio records the offense with | ||||||
5 | the intent to disseminate the recording. | ||||||
6 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
7 | (b)(11) is a Class B misdemeanor. Aggravated assault as defined | ||||||
8 | in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), | ||||||
9 | (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A | ||||||
10 | misdemeanor, except that aggravated assault as defined in | ||||||
11 | subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category | ||||||
12 | I, Category II, or Category III weapon is used in the | ||||||
13 | commission of the assault. Aggravated assault as defined in | ||||||
14 | subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), | ||||||
15 | or (c)(7) is a Class 4 felony. Aggravated assault as defined in | ||||||
16 | subdivision (c)(3) or (c)(8) is a Class 3 felony. | ||||||
17 | (e) For the purposes of this Section, "Category I weapon", | ||||||
18 | "Category II weapon, and "Category III weapon" have the | ||||||
19 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
20 | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; | ||||||
21 | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | ||||||
22 | 1-1-14.)
|