98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5636
 
Introduced , by Rep. Frances Ann Hurley
 
SYNOPSIS AS INTRODUCED:






720 ILCS 5/12-2 from Ch. 38, par. 12-2

 Amends the Criminal Code of 2012. Provides that aggravated assault of a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker: (1) performing his or her official duties; (2) assaulted to prevent performance of his or her official duties; or (3) assaulted in retaliation for performing his or her official duties is a Class 4 felony (rather than a Class A misdemeanor if a Category I, Category II, or Category III weapon is not used in the commission of the assault).



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 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 
9aggravated assault when he or she commits an assault against an 
10individual who is on or about a public way, public property, a 
11public place of accommodation or amusement, or a sports venue.
12 (b) Offense based on status of victim. A person commits 
13aggravated assault when, in committing an assault, he or she 
14knows 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.
 
 
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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 
 
 
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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 (c) Offense based on use of firearm, device, or motor 
19vehicle. A person commits aggravated assault when, in 
20committing an assault, he or she does any of the following:
21  (1) Uses a deadly weapon, an air rifle as defined in 
22 the Air Rifle Act, or any device manufactured and designed 
23 to be substantially similar in appearance to a firearm, 
24 other than by discharging a firearm.
25  (2) Discharges a firearm, other than from a motor 
26 vehicle.
 
 
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1  (3) Discharges a firearm from a motor vehicle.
2  (4) Wears a hood, robe, or mask to conceal his or her 
3 identity.
4  (5) Knowingly and without lawful justification shines 
5 or flashes a laser gun sight or other laser device attached 
6 to a firearm, or used in concert with a firearm, so that 
7 the laser beam strikes near or in the immediate vicinity of 
8 any person.
9  (6) Uses a firearm, other than by discharging the 
10 firearm, against a peace officer, community policing 
11 volunteer, fireman, private security officer, emergency 
12 management worker, emergency medical technician, employee 
13 of a police department, employee of a sheriff's department, 
14 or traffic control municipal employee:
15   (i) performing his or her official duties;
16   (ii) assaulted to prevent performance of his or her 
17 official duties; or
18   (iii) assaulted in retaliation for performing his 
19 or her official duties. 
20  (7) Without justification operates a motor vehicle in a 
21 manner which places a person, other than a person listed in 
22 subdivision (b)(4), in reasonable apprehension of being 
23 struck by the moving motor vehicle.
24  (8) Without justification operates a motor vehicle in a 
25 manner which places a person listed in subdivision (b)(4), 
26 in reasonable apprehension of being struck by the moving 
 
 
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1 motor vehicle. 
2  (9) Knowingly video or audio records the offense with 
3 the intent to disseminate the recording. 
4 (d) Sentence. Aggravated assault as defined in subdivision 
5(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
6(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
7aggravated assault as defined in subdivision (b)(4) and (b)(7) 
8is a Class 4 felony if a Category I, Category II, or Category 
9III weapon is used in the commission of the assault. Aggravated 
10assault as defined in subdivision (b)(4), (b)(5), (b)(6), 
11(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
12Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
13is a Class 3 felony.
14 (e) For the purposes of this Section, "Category I weapon", 
15"Category II weapon, and "Category III weapon" have the 
16meanings ascribed to those terms in Section 33A-1 of this Code. 

17(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 
1897-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 
191-1-14.)