|
Rep. Frances Ann Hurley
Filed: 4/2/2014
| | 09800HB4092ham001 | | LRB098 15650 RLC 58087 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 4092
|
2 | | AMENDMENT NO. ______. Amend House Bill 4092 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing 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 |
|
| | 09800HB4092ham001 | - 2 - | LRB098 15650 RLC 58087 a |
|
|
1 | | justification. |
2 | | (2) A teacher or school employee upon school grounds or |
3 | | grounds adjacent to a school or in any part of a building |
4 | | used for school purposes. |
5 | | (3) A park district employee upon park grounds or |
6 | | grounds adjacent to a park or in any part of a building |
7 | | used for park purposes. |
8 | | (4) A peace officer, community policing volunteer, |
9 | | fireman, or private security officer, emergency management |
10 | | worker, emergency medical technician , or utility worker : |
11 | | (i) performing his or her official duties; |
12 | | (ii) assaulted to prevent performance of his or her |
13 | | official duties; or |
14 | | (iii) assaulted in retaliation for performing his |
15 | | or her official duties. |
16 | | (4.5) A community policing volunteer, private security |
17 | | officer, emergency management worker, or utility worker: |
18 | | (i) performing his or her official duties; |
19 | | (ii) assaulted to prevent performance of his or her |
20 | | official duties; or |
21 | | (iii) assaulted in retaliation for performing his |
22 | | or her official duties. |
23 | | (5) A correctional officer or probation officer: |
24 | | (i) performing his or her official duties; |
25 | | (ii) assaulted to prevent performance of his or her |
26 | | official duties; or |
|
| | 09800HB4092ham001 | - 3 - | LRB098 15650 RLC 58087 a |
|
|
1 | | (iii) assaulted in retaliation for performing his |
2 | | or her official duties. |
3 | | (6) A correctional institution employee, a county |
4 | | juvenile detention center employee who provides direct and |
5 | | continuous supervision of residents of a juvenile |
6 | | detention center, including a county juvenile detention |
7 | | center employee who supervises recreational activity for |
8 | | residents of a juvenile detention center, or a Department |
9 | | of Human Services employee, Department of Human Services |
10 | | officer, or employee of a subcontractor of the Department |
11 | | of Human Services supervising or controlling sexually |
12 | | dangerous persons or sexually violent persons: |
13 | | (i) performing his or her official duties; |
14 | | (ii) assaulted to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) assaulted in retaliation for performing his |
17 | | or her official duties. |
18 | | (7) An employee of the State of Illinois, a municipal |
19 | | corporation therein, or a political subdivision thereof, |
20 | | performing his or her official duties. |
21 | | (8) A transit employee performing his or her official |
22 | | duties, or a transit passenger. |
23 | | (9) A sports official or coach actively participating |
24 | | in any level of athletic competition within a sports venue, |
25 | | on an indoor playing field or outdoor playing field, or |
26 | | within the immediate vicinity of such a facility or field. |
|
| | 09800HB4092ham001 | - 4 - | LRB098 15650 RLC 58087 a |
|
|
1 | | (10) A person authorized to serve process under Section |
2 | | 2-202 of the Code of Civil Procedure or a special process |
3 | | server appointed by the circuit court, while that |
4 | | individual is in the performance of his or her duties as a |
5 | | process server. |
6 | | (c) Offense based on use of firearm, device, or motor |
7 | | vehicle. A person commits aggravated assault when, in |
8 | | committing an assault, he or she does any of the following: |
9 | | (1) Uses a deadly weapon, an air rifle as defined in |
10 | | the Air Rifle Act, or any device manufactured and designed |
11 | | to be substantially similar in appearance to a firearm, |
12 | | other than by discharging a firearm. |
13 | | (2) Discharges a firearm, other than from a motor |
14 | | vehicle. |
15 | | (3) Discharges a firearm from a motor vehicle. |
16 | | (4) Wears a hood, robe, or mask to conceal his or her |
17 | | identity. |
18 | | (5) Knowingly and without lawful justification shines |
19 | | or flashes a laser gun sight or other laser device attached |
20 | | to a firearm, or used in concert with a firearm, so that |
21 | | the laser beam strikes near or in the immediate vicinity of |
22 | | any person. |
23 | | (6) Uses a firearm, other than by discharging the |
24 | | firearm, against a peace officer, community policing |
25 | | volunteer, fireman, private security officer, emergency |
26 | | management worker, emergency medical technician, employee |
|
| | 09800HB4092ham001 | - 5 - | LRB098 15650 RLC 58087 a |
|
|
1 | | of a police department, employee of a sheriff's department, |
2 | | or traffic control municipal employee: |
3 | | (i) performing his or her official duties; |
4 | | (ii) assaulted to prevent performance of his or her |
5 | | official duties; or |
6 | | (iii) assaulted in retaliation for performing his |
7 | | or her official duties. |
8 | | (7) Without justification operates a motor vehicle in a |
9 | | manner which places a person, other than a person listed in |
10 | | subdivision (b)(4), in reasonable apprehension of being |
11 | | struck by the moving motor vehicle. |
12 | | (8) Without justification operates a motor vehicle in a |
13 | | manner which places a person listed in subdivision (b)(4), |
14 | | in reasonable apprehension of being struck by the moving |
15 | | motor vehicle. |
16 | | (9) Knowingly video or audio records the offense with |
17 | | the intent to disseminate the recording. |
18 | | (d) Sentence. Aggravated assault as defined in subdivision |
19 | | (a), (b)(1), (b)(2), (b)(3), (b)(4.5), (b)(4), (b)(7), (b)(8), |
20 | | (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, |
21 | | except that aggravated assault as defined in subdivision |
22 | | (b)(4.5) (b)(4) and (b)(7) is a Class 4 felony if a Category I, |
23 | | Category II, or Category III weapon is used in the commission |
24 | | of the assault. Aggravated assault as defined in subdivision |
25 | | (b)(4), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or |
26 | | (c)(7) is a Class 4 felony. Aggravated assault as defined in |
|
| | 09800HB4092ham001 | - 6 - | LRB098 15650 RLC 58087 a |
|
|
1 | | subdivision (c)(3) or (c)(8) is a Class 3 felony. |
2 | | (e) For the purposes of this Section, "Category I weapon", |
3 | | "Category II weapon, and "Category III weapon" have the |
4 | | meanings ascribed to those terms in Section 33A-1 of this Code.
|
5 | | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; |
6 | | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. |
7 | | 1-1-14.)".
|