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92_HB1812eng
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1 AN ACT concerning organized gangs, which may be referred
2 to as the Severo Anti-gang Amendments of 2001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 9-1, 12-2, 12-4, 12-4.2, and 24-1.2 as
7 follows:
8 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
9 Sec. 9-1. First degree Murder - Death penalties -
10 Exceptions - Separate Hearings - Proof - Findings - Appellate
11 procedures - Reversals.
12 (a) A person who kills an individual without lawful
13 justification commits first degree murder if, in performing
14 the acts which cause the death:
15 (1) he either intends to kill or do great bodily
16 harm to that individual or another, or knows that such
17 acts will cause death to that individual or another; or
18 (2) he knows that such acts create a strong
19 probability of death or great bodily harm to that
20 individual or another; or
21 (3) he is attempting or committing a forcible
22 felony other than second degree murder.
23 (b) Aggravating Factors. A defendant who at the time of
24 the commission of the offense has attained the age of 18 or
25 more and who has been found guilty of first degree murder may
26 be sentenced to death if:
27 (1) the murdered individual was a peace officer or
28 fireman killed in the course of performing his official
29 duties, to prevent the performance of his official
30 duties, or in retaliation for performing his official
31 duties, and the defendant knew or should have known that
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1 the murdered individual was a peace officer or fireman;
2 or
3 (2) the murdered individual was an employee of an
4 institution or facility of the Department of Corrections,
5 or any similar local correctional agency, killed in the
6 course of performing his official duties, to prevent the
7 performance of his official duties, or in retaliation for
8 performing his official duties, or the murdered
9 individual was an inmate at such institution or facility
10 and was killed on the grounds thereof, or the murdered
11 individual was otherwise present in such institution or
12 facility with the knowledge and approval of the chief
13 administrative officer thereof; or
14 (3) the defendant has been convicted of murdering
15 two or more individuals under subsection (a) of this
16 Section or under any law of the United States or of any
17 state which is substantially similar to subsection (a) of
18 this Section regardless of whether the deaths occurred
19 as the result of the same act or of several related or
20 unrelated acts so long as the deaths were the result of
21 either an intent to kill more than one person or of
22 separate acts which the defendant knew would cause death
23 or create a strong probability of death or great bodily
24 harm to the murdered individual or another; or
25 (4) the murdered individual was killed as a result
26 of the hijacking of an airplane, train, ship, bus or
27 other public conveyance; or
28 (5) the defendant committed the murder pursuant to
29 a contract, agreement or understanding by which he was to
30 receive money or anything of value in return for
31 committing the murder or procured another to commit the
32 murder for money or anything of value; or
33 (6) the murdered individual was killed in the
34 course of another felony if:
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1 (a) the murdered individual:
2 (i) was actually killed by the defendant,
3 or
4 (ii) received physical injuries
5 personally inflicted by the defendant
6 substantially contemporaneously with physical
7 injuries caused by one or more persons for
8 whose conduct the defendant is legally
9 accountable under Section 5-2 of this Code, and
10 the physical injuries inflicted by either the
11 defendant or the other person or persons for
12 whose conduct he is legally accountable caused
13 the death of the murdered individual; and
14 (b) in performing the acts which caused the
15 death of the murdered individual or which resulted
16 in physical injuries personally inflicted by the
17 defendant on the murdered individual under the
18 circumstances of subdivision (ii) of subparagraph
19 (a) of paragraph (6) of subsection (b) of this
20 Section, the defendant acted with the intent to kill
21 the murdered individual or with the knowledge that
22 his acts created a strong probability of death or
23 great bodily harm to the murdered individual or
24 another; and
25 (c) the other felony was one of the following:
26 armed robbery, armed violence, robbery, predatory
27 criminal sexual assault of a child, aggravated
28 criminal sexual assault, aggravated kidnapping,
29 aggravated vehicular hijacking, forcible detention,
30 arson, aggravated arson, aggravated stalking,
31 burglary, residential burglary, home invasion,
32 calculated criminal drug conspiracy as defined in
33 Section 405 of the Illinois Controlled Substances
34 Act, streetgang criminal drug conspiracy as defined
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1 in Section 405.2 of the Illinois Controlled
2 Substances Act, or the attempt to commit any of the
3 felonies listed in this subsection (c); or
4 (7) the murdered individual was under 12 years of
5 age and the death resulted from exceptionally brutal or
6 heinous behavior indicative of wanton cruelty; or
7 (8) the defendant committed the murder with intent
8 to prevent the murdered individual from testifying in any
9 criminal prosecution or giving material assistance to the
10 State in any investigation or prosecution, either against
11 the defendant or another; or the defendant committed the
12 murder because the murdered individual was a witness in
13 any prosecution or gave material assistance to the State
14 in any investigation or prosecution, either against the
15 defendant or another; or
16 (9) the defendant, while committing an offense
17 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
18 407 or 407.1 or subsection (b) of Section 404 of the
19 Illinois Controlled Substances Act, or while engaged in a
20 conspiracy or solicitation to commit such offense,
21 intentionally killed an individual or counseled,
22 commanded, induced, procured or caused the intentional
23 killing of the murdered individual; or
24 (10) the defendant was incarcerated in an
25 institution or facility of the Department of Corrections
26 at the time of the murder, and while committing an
27 offense punishable as a felony under Illinois law, or
28 while engaged in a conspiracy or solicitation to commit
29 such offense, intentionally killed an individual or
30 counseled, commanded, induced, procured or caused the
31 intentional killing of the murdered individual; or
32 (11) the murder was committed in a cold, calculated
33 and premeditated manner pursuant to a preconceived plan,
34 scheme or design to take a human life by unlawful means,
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1 and the conduct of the defendant created a reasonable
2 expectation that the death of a human being would result
3 therefrom; or
4 (12) the murdered individual was an emergency
5 medical technician - ambulance, emergency medical
6 technician - intermediate, emergency medical technician -
7 paramedic, ambulance driver, or other medical assistance
8 or first aid personnel, employed by a municipality or
9 other governmental unit, killed in the course of
10 performing his official duties, to prevent the
11 performance of his official duties, or in retaliation for
12 performing his official duties, and the defendant knew or
13 should have known that the murdered individual was an
14 emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver, or other
17 medical assistance or first aid personnel; or
18 (13) the defendant was a principal administrator,
19 organizer, or leader of a calculated criminal drug
20 conspiracy consisting of a hierarchical position of
21 authority superior to that of all other members of the
22 conspiracy, and the defendant counseled, commanded,
23 induced, procured, or caused the intentional killing of
24 the murdered person; or
25 (14) the murder was intentional and involved the
26 infliction of torture. For the purpose of this Section
27 torture means the infliction of or subjection to extreme
28 physical pain, motivated by an intent to increase or
29 prolong the pain, suffering or agony of the victim; or
30 (15) the murder was committed as a result of the
31 intentional discharge of a firearm by the defendant from
32 a motor vehicle and the victim was not present within the
33 motor vehicle; or
34 (16) the murdered individual was 60 years of age or
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1 older and the death resulted from exceptionally brutal or
2 heinous behavior indicative of wanton cruelty; or
3 (17) the murdered individual was a disabled person
4 and the defendant knew or should have known that the
5 murdered individual was disabled. For purposes of this
6 paragraph (17), "disabled person" means a person who
7 suffers from a permanent physical or mental impairment
8 resulting from disease, an injury, a functional disorder,
9 or a congenital condition that renders the person
10 incapable of adequately providing for his or her own
11 health or personal care; or
12 (18) the murder was committed by reason of any
13 person's activity as a community policing volunteer or to
14 prevent any person from engaging in activity as a
15 community policing volunteer; or
16 (19) the murdered individual was subject to an
17 order of protection and the murder was committed by a
18 person against whom the same order of protection was
19 issued under the Illinois Domestic Violence Act of 1986;
20 or
21 (20) the murdered individual was known by the
22 defendant to be a teacher or other person employed in any
23 school and the teacher or other employee is upon the
24 grounds of a school or grounds adjacent to a school, or
25 is in any part of a building used for school purposes;
26 or.
27 (21) the defendant committed the murder in
28 furtherance of the activities of an organized gang or by
29 reason of his or her membership in or allegiance to an
30 organized gang. For the purposes of this subsection,
31 "organized gang" has the meaning ascribed to it in
32 Section 10 of the Streetgang Terrorism Omnibus
33 Prevention Act.
34 (c) Consideration of factors in Aggravation and
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1 Mitigation.
2 The court shall consider, or shall instruct the jury to
3 consider any aggravating and any mitigating factors which are
4 relevant to the imposition of the death penalty. Aggravating
5 factors may include but need not be limited to those factors
6 set forth in subsection (b). Mitigating factors may include
7 but need not be limited to the following:
8 (1) the defendant has no significant history of
9 prior criminal activity;
10 (2) the murder was committed while the defendant
11 was under the influence of extreme mental or emotional
12 disturbance, although not such as to constitute a defense
13 to prosecution;
14 (3) the murdered individual was a participant in
15 the defendant's homicidal conduct or consented to the
16 homicidal act;
17 (4) the defendant acted under the compulsion of
18 threat or menace of the imminent infliction of death or
19 great bodily harm;
20 (5) the defendant was not personally present during
21 commission of the act or acts causing death.
22 (d) Separate sentencing hearing.
23 Where requested by the State, the court shall conduct a
24 separate sentencing proceeding to determine the existence of
25 factors set forth in subsection (b) and to consider any
26 aggravating or mitigating factors as indicated in subsection
27 (c). The proceeding shall be conducted:
28 (1) before the jury that determined the defendant's
29 guilt; or
30 (2) before a jury impanelled for the purpose of the
31 proceeding if:
32 A. the defendant was convicted upon a plea of
33 guilty; or
34 B. the defendant was convicted after a trial
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1 before the court sitting without a jury; or
2 C. the court for good cause shown discharges
3 the jury that determined the defendant's guilt; or
4 (3) before the court alone if the defendant waives
5 a jury for the separate proceeding.
6 (e) Evidence and Argument.
7 During the proceeding any information relevant to any of
8 the factors set forth in subsection (b) may be presented by
9 either the State or the defendant under the rules governing
10 the admission of evidence at criminal trials. Any
11 information relevant to any additional aggravating factors or
12 any mitigating factors indicated in subsection (c) may be
13 presented by the State or defendant regardless of its
14 admissibility under the rules governing the admission of
15 evidence at criminal trials. The State and the defendant
16 shall be given fair opportunity to rebut any information
17 received at the hearing.
18 (f) Proof.
19 The burden of proof of establishing the existence of any
20 of the factors set forth in subsection (b) is on the State
21 and shall not be satisfied unless established beyond a
22 reasonable doubt.
23 (g) Procedure - Jury.
24 If at the separate sentencing proceeding the jury finds
25 that none of the factors set forth in subsection (b) exists,
26 the court shall sentence the defendant to a term of
27 imprisonment under Chapter V of the Unified Code of
28 Corrections. If there is a unanimous finding by the jury
29 that one or more of the factors set forth in subsection (b)
30 exist, the jury shall consider aggravating and mitigating
31 factors as instructed by the court and shall determine
32 whether the sentence of death shall be imposed. If the jury
33 determines unanimously that there are no mitigating factors
34 sufficient to preclude the imposition of the death sentence,
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1 the court shall sentence the defendant to death.
2 Unless the jury unanimously finds that there are no
3 mitigating factors sufficient to preclude the imposition of
4 the death sentence the court shall sentence the defendant to
5 a term of imprisonment under Chapter V of the Unified Code of
6 Corrections.
7 (h) Procedure - No Jury.
8 In a proceeding before the court alone, if the court
9 finds that none of the factors found in subsection (b)
10 exists, the court shall sentence the defendant to a term of
11 imprisonment under Chapter V of the Unified Code of
12 Corrections.
13 If the Court determines that one or more of the factors
14 set forth in subsection (b) exists, the Court shall consider
15 any aggravating and mitigating factors as indicated in
16 subsection (c). If the Court determines that there are no
17 mitigating factors sufficient to preclude the imposition of
18 the death sentence, the Court shall sentence the defendant to
19 death.
20 Unless the court finds that there are no mitigating
21 factors sufficient to preclude the imposition of the sentence
22 of death, the court shall sentence the defendant to a term of
23 imprisonment under Chapter V of the Unified Code of
24 Corrections.
25 (i) Appellate Procedure.
26 The conviction and sentence of death shall be subject to
27 automatic review by the Supreme Court. Such review shall be
28 in accordance with rules promulgated by the Supreme Court.
29 (j) Disposition of reversed death sentence.
30 In the event that the death penalty in this Act is held
31 to be unconstitutional by the Supreme Court of the United
32 States or of the State of Illinois, any person convicted of
33 first degree murder shall be sentenced by the court to a term
34 of imprisonment under Chapter V of the Unified Code of
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1 Corrections.
2 In the event that any death sentence pursuant to the
3 sentencing provisions of this Section is declared
4 unconstitutional by the Supreme Court of the United States or
5 of the State of Illinois, the court having jurisdiction over
6 a person previously sentenced to death shall cause the
7 defendant to be brought before the court, and the court shall
8 sentence the defendant to a term of imprisonment under
9 Chapter V of the Unified Code of Corrections.
10 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
11 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
12 1-1-00.)
13 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
14 Sec. 12-2. Aggravated assault.
15 (a) A person commits an aggravated assault, when, in
16 committing an assault, he or she:
17 (1) Uses a deadly weapon or any device manufactured
18 and designed to be substantially similar in appearance to
19 a firearm, other than by discharging a firearm in the
20 direction of another person, a peace officer, a person
21 summoned or directed by a peace officer, a correctional
22 officer or a fireman or in the direction of a vehicle
23 occupied by another person, a peace officer, a person
24 summoned or directed by a peace officer, a correctional
25 officer or a fireman while the officer or fireman is
26 engaged in the execution of any of his official duties,
27 or to prevent the officer or fireman from performing his
28 official duties, or in retaliation for the officer or
29 fireman performing his official duties;
30 (2) Is hooded, robed or masked in such manner as to
31 conceal his identity or any device manufactured and
32 designed to be substantially similar in appearance to a
33 firearm;
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1 (3) Knows the individual assaulted to be a teacher
2 or other person employed in any school and such teacher
3 or other employee is upon the grounds of a school or
4 grounds adjacent thereto, or is in any part of a building
5 used for school purposes;
6 (4) Knows the individual assaulted to be a
7 supervisor, director, instructor or other person employed
8 in any park district and such supervisor, director,
9 instructor or other employee is upon the grounds of the
10 park or grounds adjacent thereto, or is in any part of a
11 building used for park purposes;
12 (5) Knows the individual assaulted to be a
13 caseworker, investigator, or other person employed by the
14 State Department of Public Aid, a County Department of
15 Public Aid, or the Department of Human Services (acting
16 as successor to the Illinois Department of Public Aid
17 under the Department of Human Services Act) and such
18 caseworker, investigator, or other person is upon the
19 grounds of a public aid office or grounds adjacent
20 thereto, or is in any part of a building used for public
21 aid purposes, or upon the grounds of a home of a public
22 aid applicant, recipient or any other person being
23 interviewed or investigated in the employees' discharge
24 of his duties, or on grounds adjacent thereto, or is in
25 any part of a building in which the applicant, recipient,
26 or other such person resides or is located;
27 (6) Knows the individual assaulted to be a peace
28 officer, or a community policing volunteer, or a fireman
29 while the officer or fireman is engaged in the execution
30 of any of his official duties, or to prevent the officer,
31 community policing volunteer, or fireman from performing
32 his official duties, or in retaliation for the officer,
33 community policing volunteer, or fireman performing his
34 official duties, and the assault is committed other than
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1 by the discharge of a firearm in the direction of the
2 officer or fireman or in the direction of a vehicle
3 occupied by the officer or fireman;
4 (7) Knows the individual assaulted to be an
5 emergency medical technician - ambulance, emergency
6 medical technician - intermediate, emergency medical
7 technician - paramedic, ambulance driver or other medical
8 assistance or first aid personnel employed by a
9 municipality or other governmental unit engaged in the
10 execution of any of his official duties, or to prevent
11 the emergency medical technician - ambulance, emergency
12 medical technician - intermediate, emergency medical
13 technician - paramedic, ambulance driver, or other
14 medical assistance or first aid personnel from performing
15 his official duties, or in retaliation for the emergency
16 medical technician - ambulance, emergency medical
17 technician - intermediate, emergency medical technician -
18 paramedic, ambulance driver, or other medical assistance
19 or first aid personnel performing his official duties;
20 (8) Knows the individual assaulted to be the
21 driver, operator, employee or passenger of any
22 transportation facility or system engaged in the business
23 of transportation of the public for hire and the
24 individual assaulted is then performing in such capacity
25 or then using such public transportation as a passenger
26 or using any area of any description designated by the
27 transportation facility or system as a vehicle boarding,
28 departure, or transfer location;
29 (9) Or the individual assaulted is on or about a
30 public way, public property, or public place of
31 accommodation or amusement;
32 (10) Knows the individual assaulted to be an
33 employee of the State of Illinois, a municipal
34 corporation therein or a political subdivision thereof,
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1 engaged in the performance of his authorized duties as
2 such employee;
3 (11) Knowingly and without legal justification,
4 commits an assault on a physically handicapped person;
5 (12) Knowingly and without legal justification,
6 commits an assault on a person 60 years of age or older;
7 (13) Discharges a firearm;
8 (14) Knows the individual assaulted to be a
9 correctional officer, while the officer is engaged in the
10 execution of any of his or her official duties, or to
11 prevent the officer from performing his or her official
12 duties, or in retaliation for the officer performing his
13 or her official duties; or
14 (15) Knows the individual assaulted to be a
15 correctional employee, while the employee is engaged in
16 the execution of any of his or her official duties, or to
17 prevent the employee from performing his or her official
18 duties, or in retaliation for the employee performing his
19 or her official duties, and the assault is committed
20 other than by the discharge of a firearm in the direction
21 of the employee or in the direction of a vehicle occupied
22 by the employee; or.
23 (16) Commits the assault in furtherance of the
24 activities of an organized gang or by reason of his or
25 her membership in or allegiance to an organized gang.
26 For the purposes of this subsection, "organized gang" has
27 the meaning ascribed to it in Section 10 of the
28 Streetgang Terrorism Omnibus Prevention Act.
29 (a-5) A person commits an aggravated assault when he or
30 she knowingly and without lawful justification shines or
31 flashes a laser gunsight or other laser device that is
32 attached or affixed to a firearm, or used in concert with a
33 firearm, so that the laser beam strikes near or in the
34 immediate vicinity of any person.
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1 (b) Sentence.
2 Aggravated assault as defined in paragraphs (1) through
3 (5) and (7) through (12) of subsection (a) of this Section is
4 a Class A misdemeanor. Aggravated assault as defined in
5 paragraphs (13), (14), and (15), and (16) of subsection (a)
6 of this Section and as defined in subsection (a-5) of this
7 Section is a Class 4 felony. Aggravated assault as defined
8 in paragraph (6) of subsection (a) of this Section is a Class
9 A misdemeanor if a firearm is not used in the commission of
10 the assault. Aggravated assault as defined in paragraph (6)
11 of subsection (a) of this Section is a Class 4 felony if a
12 firearm is used in the commission of the assault.
13 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99;
14 91-672, eff. 1-1-00.)
15 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
16 Sec. 12-4. Aggravated Battery.
17 (a) A person who, in committing a battery, intentionally
18 or knowingly causes great bodily harm, or permanent
19 disability or disfigurement commits aggravated battery.
20 (b) In committing a battery, a person commits aggravated
21 battery if he or she:
22 (1) Uses a deadly weapon other than by the
23 discharge of a firearm;
24 (2) Is hooded, robed or masked, in such manner as
25 to conceal his identity;
26 (3) Knows the individual harmed to be a teacher or
27 other person employed in any school and such teacher or
28 other employee is upon the grounds of a school or grounds
29 adjacent thereto, or is in any part of a building used
30 for school purposes;
31 (4) Knows the individual harmed to be a supervisor,
32 director, instructor or other person employed in any park
33 district and such supervisor, director, instructor or
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1 other employee is upon the grounds of the park or grounds
2 adjacent thereto, or is in any part of a building used
3 for park purposes;
4 (5) Knows the individual harmed to be a caseworker,
5 investigator, or other person employed by the State
6 Department of Public Aid, a County Department of Public
7 Aid, or the Department of Human Services (acting as
8 successor to the Illinois Department of Public Aid under
9 the Department of Human Services Act) and such
10 caseworker, investigator, or other person is upon the
11 grounds of a public aid office or grounds adjacent
12 thereto, or is in any part of a building used for public
13 aid purposes, or upon the grounds of a home of a public
14 aid applicant, recipient, or any other person being
15 interviewed or investigated in the employee's discharge
16 of his duties, or on grounds adjacent thereto, or is in
17 any part of a building in which the applicant, recipient,
18 or other such person resides or is located;
19 (6) Knows the individual harmed to be a peace
20 officer, a community policing volunteer, a correctional
21 institution employee, or a fireman while such officer,
22 volunteer, employee or fireman is engaged in the
23 execution of any official duties including arrest or
24 attempted arrest, or to prevent the officer, volunteer,
25 employee or fireman from performing official duties, or
26 in retaliation for the officer, volunteer, employee or
27 fireman performing official duties, and the battery is
28 committed other than by the discharge of a firearm;
29 (7) Knows the individual harmed to be an emergency
30 medical technician - ambulance, emergency medical
31 technician - intermediate, emergency medical technician -
32 paramedic, ambulance driver, other medical assistance,
33 first aid personnel, or hospital emergency room personnel
34 engaged in the performance of any of his or her official
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1 duties, or to prevent the emergency medical technician -
2 ambulance, emergency medical technician - intermediate,
3 emergency medical technician - paramedic, ambulance
4 driver, other medical assistance, first aid personnel, or
5 hospital emergency room personnel from performing
6 official duties, or in retaliation for performing
7 official duties;
8 (8) Is, or the person battered is, on or about a
9 public way, public property or public place of
10 accommodation or amusement;
11 (9) Knows the individual harmed to be the driver,
12 operator, employee or passenger of any transportation
13 facility or system engaged in the business of
14 transportation of the public for hire and the individual
15 assaulted is then performing in such capacity or then
16 using such public transportation as a passenger or using
17 any area of any description designated by the
18 transportation facility or system as a vehicle boarding,
19 departure, or transfer location;
20 (10) Knowingly and without legal justification and
21 by any means causes bodily harm to an individual of 60
22 years of age or older;
23 (11) Knows the individual harmed is pregnant;
24 (12) Knows the individual harmed to be a judge whom
25 the person intended to harm as a result of the judge's
26 performance of his or her official duties as a judge;
27 (13) Knows the individual harmed to be an employee
28 of the Illinois Department of Children and Family
29 Services engaged in the performance of his authorized
30 duties as such employee;
31 (13.5) Commits the battery in furtherance of the
32 activities of an organized gang or by reason of his or
33 her membership in or allegiance to an organized gang. For
34 the purposes of this subsection, "organized gang" has the
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1 meaning ascribed to it in Section 10 of the Streetgang
2 Terrorism Omnibus Prevention Act;
3 (14) Knows the individual harmed to be a person who
4 is physically handicapped; or
5 (15) Knowingly and without legal justification and
6 by any means causes bodily harm to a merchant who detains
7 the person for an alleged commission of retail theft
8 under Section 16A-5 of this Code. In this item (15),
9 "merchant" has the meaning ascribed to it in Section
10 16A-2.4 of this Code.
11 For the purpose of paragraph (14) of subsection (b) of
12 this Section, a physically handicapped person is a person who
13 suffers from a permanent and disabling physical
14 characteristic, resulting from disease, injury, functional
15 disorder or congenital condition.
16 (c) A person who administers to an individual or causes
17 him to take, without his consent or by threat or deception,
18 and for other than medical purposes, any intoxicating,
19 poisonous, stupefying, narcotic, anesthetic, or controlled
20 substance commits aggravated battery.
21 (d) A person who knowingly gives to another person any
22 food that contains any substance or object that is intended
23 to cause physical injury if eaten, commits aggravated
24 battery.
25 (d-3) (d-5) A person commits aggravated battery when he
26 or she knowingly and without lawful justification shines or
27 flashes a laser gunsight or other laser device that is
28 attached or affixed to a firearm, or used in concert with a
29 firearm, so that the laser beam strikes upon or against the
30 person of another.
31 (d-5) An inmate of a penal institution who causes or
32 attempts to cause a correctional employee of the penal
33 institution to come into contact with blood, seminal fluid,
34 urine, or feces, by throwing, tossing, or expelling that
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1 fluid or material commits aggravated battery. For purposes
2 of this subsection (d-5), "correctional employee" means a
3 person who is employed by a penal institution.
4 (e) Sentence.
5 Aggravated battery is a Class 3 felony.
6 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99;
7 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff.
8 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised
9 1-7-00.)
10 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
11 Sec. 12-4.2. Aggravated Battery with a firearm.
12 (a) A person commits aggravated battery with a firearm
13 when he, in committing a battery, knowingly or intentionally
14 by means of the discharging of a firearm (1) causes any
15 injury to another person, or (2) causes any injury to a
16 person he knows to be a peace officer, a community policing
17 volunteer, a correctional institution employee or a fireman
18 while the officer, volunteer, employee or fireman is engaged
19 in the execution of any of his official duties, or to prevent
20 the officer, volunteer, employee or fireman from performing
21 his official duties, or in retaliation for the officer,
22 volunteer, employee or fireman performing his official
23 duties, or (3) causes any injury to a person he knows to be
24 an emergency medical technician - ambulance, emergency
25 medical technician - intermediate, emergency medical
26 technician - paramedic, ambulance driver, or other medical
27 assistance or first aid personnel, employed by a municipality
28 or other governmental unit, while the emergency medical
29 technician - ambulance, emergency medical technician -
30 intermediate, emergency medical technician - paramedic,
31 ambulance driver, or other medical assistance or first aid
32 personnel is engaged in the execution of any of his official
33 duties, or to prevent the emergency medical technician -
HB1812 Engrossed -19- LRB9205349ARsb
1 ambulance, emergency medical technician - intermediate,
2 emergency medical technician - paramedic, ambulance driver,
3 or other medical assistance or first aid personnel from
4 performing his official duties, or in retaliation for the
5 emergency medical technician - ambulance, emergency medical
6 technician - intermediate, emergency medical technician -
7 paramedic, ambulance driver, or other medical assistance or
8 first aid personnel performing his official duties, or (4)
9 causes any injury to a person he or she knows to be a teacher
10 or other person employed in a school and the teacher or other
11 employee is upon grounds of a school or grounds adjacent to a
12 school, or is in any part of a building used for school
13 purposes, or (5) commits the battery in furtherance of the
14 activities of an organized gang or by reason of his or her
15 membership in or allegiance to an organized gang. For the
16 purposes of this subsection, "organized gang" has the meaning
17 ascribed to it in Section 10 of the Streetgang Terrorism
18 Omnibus Prevention Act.
19 (b) A violation of subsection (a)(1) of this Section is
20 a Class X felony. A violation of subsection (a)(2),
21 subsection (a)(3), or subsection (a)(4), or subsection (a)
22 (5) of this Section is a Class X felony for which the
23 sentence shall be a term of imprisonment of no less than 15
24 years and no more than 60 years.
25 (c) For purposes of this Section, "firearm" is defined
26 as in "An Act relating to the acquisition, possession and
27 transfer of firearms and firearm ammunition, to provide a
28 penalty for the violation thereof and to make an
29 appropriation in connection therewith", approved August 1,
30 1967, as amended.
31 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00;
32 91-696, eff. 4-13-00.)
33 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
HB1812 Engrossed -20- LRB9205349ARsb
1 Sec. 24-1.2. Aggravated discharge of a firearm.
2 (a) A person commits aggravated discharge of a firearm
3 when he or she knowingly or intentionally:
4 (1) Discharges a firearm at or into a building he
5 or she knows or reasonably should know to be occupied and
6 the firearm is discharged from a place or position
7 outside that building;
8 (2) Discharges a firearm in the direction of
9 another person or in the direction of a vehicle he or she
10 knows or reasonably should know to be occupied by a
11 person;
12 (3) Discharges a firearm in the direction of a
13 person he or she knows to be a peace officer, a community
14 policing volunteer, a correctional institution employee,
15 or a fireman while the officer, volunteer, employee or
16 fireman is engaged in the execution of any of his or her
17 official duties, or to prevent the officer, volunteer,
18 employee or fireman from performing his or her official
19 duties, or in retaliation for the officer, volunteer,
20 employee or fireman performing his or her official
21 duties;
22 (4) Discharges a firearm in the direction of a
23 vehicle he or she knows to be occupied by a peace
24 officer, a person summoned or directed by a peace
25 officer, a correctional institution employee or a fireman
26 while the officer, employee or fireman is engaged in the
27 execution of any of his or her official duties, or to
28 prevent the officer, employee or fireman from performing
29 his or her official duties, or in retaliation for the
30 officer, employee or fireman performing his or her
31 official duties;
32 (5) Discharges a firearm in the direction of a
33 person he or she knows to be an emergency medical
34 technician - ambulance, emergency medical technician -
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1 intermediate, emergency medical technician - paramedic,
2 ambulance driver, or other medical assistance or first
3 aid personnel, employed by a municipality or other
4 governmental unit, while the emergency medical technician
5 - ambulance, emergency medical technician - intermediate,
6 emergency medical technician - paramedic, ambulance
7 driver, or other medical assistance or first aid
8 personnel is engaged in the execution of any of his or
9 her official duties, or to prevent the emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first
13 aid personnel from performing his or her official duties,
14 or in retaliation for the emergency medical technician -
15 ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel performing his or her official duties;
19 (6) Discharges a firearm in the direction of a
20 vehicle he or she knows to be occupied by an emergency
21 medical technician - ambulance, emergency medical
22 technician - intermediate, emergency medical technician -
23 paramedic, ambulance driver, or other medical assistance
24 or first aid personnel, employed by a municipality or
25 other governmental unit, while the emergency medical
26 technician - ambulance, emergency medical technician -
27 intermediate, emergency medical technician - paramedic,
28 ambulance driver, or other medical assistance or first
29 aid personnel is engaged in the execution of any of his
30 or her official duties, or to prevent the emergency
31 medical technician - ambulance, emergency medical
32 technician - intermediate, emergency medical technician -
33 paramedic, ambulance driver, or other medical assistance
34 or first aid personnel from performing his or her
HB1812 Engrossed -22- LRB9205349ARsb
1 official duties, or in retaliation for the emergency
2 medical technician - ambulance, emergency medical
3 technician - intermediate, emergency medical technician -
4 paramedic, ambulance driver, or other medical assistance
5 or first aid personnel performing his or her official
6 duties; or
7 (7) Discharges a firearm in the direction of a
8 person he or she knows to be a teacher or other person
9 employed in any school and the teacher or other employee
10 is upon the grounds of a school or grounds adjacent to a
11 school, or is in any part of a building used for school
12 purposes.
13 (a-5) A person commits aggravated discharge of a firearm
14 when, in furtherance of the activities of an organized gang
15 or by reason of his or her membership in or allegiance to an
16 organized gang, he or she knowingly or intentionally
17 discharges a firearm in the direction of another person or in
18 the direction of a vehicle or building he or she knows or
19 reasonably should know is occupied by another person, and the
20 firearm is discharged from a place or position outside the
21 vehicle or building. For the purposes of this subsection,
22 "organized gang" has the meaning ascribed to it in Section 10
23 of the Streetgang Terrorism Omnibus Prevention Act.
24 (b) A violation of subsection (a)(1) or subsection
25 (a)(2) of this Section is a Class 1 felony. A violation of
26 subsection (a)(1) or (a)(2) of this Section committed in a
27 school, on the real property comprising a school, within
28 1,000 feet of the real property comprising a school, at a
29 school related activity or on or within 1,000 feet of any
30 conveyance owned, leased, or contracted by a school to
31 transport students to or from school or a school related
32 activity, regardless of the time of day or time of year that
33 the offense was committed is a Class X felony. A violation of
34 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7), or
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1 (a-5) of this Section is a Class X felony for which the
2 sentence shall be a term of imprisonment of no less than 10
3 years and not more than 45 years.
4 (c) For purposes of this Section:
5 "School" means a public or private elementary or
6 secondary school, community college, college, or university.
7 "School related activity" means any sporting, social,
8 academic, or other activity for which students' attendance or
9 participation is sponsored, organized, or funded in whole or
10 in part by a school or school district.
11 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
12 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; 91-696, eff.
13 4-13-00.)
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