98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5711
 
Introduced , by Rep. Jaime M. Andrade, Jr.
 
SYNOPSIS AS INTRODUCED:



 
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

 Amends the Criminal Code of 2012. Makes it a Class 1 felony aggravated battery for a person at least 18 years of age to cause bodily harm or disability or disfigurement to an enrolled school student under 18 years of age, if the offense was committed within a school safe passage route. Defines "safe passage route".



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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 12-3.05 as follows:


6 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



7 Sec. 12-3.05. Aggravated battery. 

8 (a) Offense based on injury. A person commits aggravated 
9battery when, in committing a battery, other than by the 
10discharge of a firearm, he or she knowingly does any of the 
11following:
12  (1) Causes great bodily harm or permanent disability or 
13 disfigurement.
14  (2) Causes severe and permanent disability, great 
15 bodily harm, or disfigurement by means of a caustic or 
16 flammable substance, a poisonous gas, a deadly biological 
17 or chemical contaminant or agent, a radioactive substance, 
18 or a bomb or explosive compound.
19  (3) Causes great bodily harm or permanent disability or 
20 disfigurement to an individual whom the person knows to be 
21 a peace officer, community policing volunteer, fireman, 
22 private security officer, correctional institution 
23 employee, or Department of Human Services employee 
 
 
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1 supervising or controlling sexually dangerous persons or 
2 sexually violent persons:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (4) Causes great bodily harm or permanent disability or 
9 disfigurement to an individual 60 years of age or older.
10  (5) Strangles another individual. 
11 (b) Offense based on injury to a child or intellectually 
12disabled person. A person who is at least 18 years of age 
13commits aggravated battery when, in committing a battery, he or 
14she knowingly and without legal justification by any means:
15  (1) causes great bodily harm or permanent disability or 
16 disfigurement to any child under the age of 13 years, or to 
17 any severely or profoundly intellectually disabled person; 
18 or
19  (2) causes bodily harm or disability or disfigurement 
20 to any child under the age of 13 years or to any severely 
21 or profoundly intellectually disabled person. 
22 (c) Offense based on location of conduct. A person commits 
23aggravated battery when, in committing a battery: , 
24  (1) other than by the discharge of a firearm, he or she 
25 is or the person battered is on or about a public way, 
26 public property, a public place of accommodation or 
 
 
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1 amusement, a sports venue, or a domestic violence shelter; 
2 or .
3  (2) the person is at least 18 years of age and causes 
4 bodily harm or disability or disfigurement to an enrolled 
5 school student under 18 years of age, when he or she or the 
6 student battered is traveling to or from a school on a 
7 school safe passage route. 
8 (d) Offense based on status of victim. A person commits 
9aggravated battery when, in committing a battery, other than by 
10discharge of a firearm, he or she knows the individual battered 
11to be any of the following:
12  (1) A person 60 years of age or older.
13  (2) A person who is pregnant or physically handicapped.
14  (3) A teacher or school employee upon school grounds or 
15 grounds adjacent to a school or in any part of a building 
16 used for school purposes.
17  (4) A peace officer, community policing volunteer, 
18 fireman, private security officer, correctional 
19 institution employee, or Department of Human Services 
20 employee supervising or controlling sexually dangerous 
21 persons or sexually violent persons:
22   (i) performing his or her official duties;
23   (ii) battered to prevent performance of his or her 
24 official duties; or
25   (iii) battered in retaliation for performing his 
26 or her official duties.
 
 
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1  (5) A judge, emergency management worker, emergency 
2 medical technician, or utility worker:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (6) An officer or employee of the State of Illinois, a 
9 unit of local government, or a school district, while 
10 performing his or her official duties.
11  (7) A transit employee performing his or her official 
12 duties, or a transit passenger.
13  (8) A taxi driver on duty.
14  (9) A merchant who detains the person for an alleged 
15 commission of retail theft under Section 16-26 of this Code 
16 and the person without legal justification by any means 
17 causes bodily harm to the merchant.
18  (10) A person authorized to serve process under Section 
19 2-202 of the Code of Civil Procedure or a special process 
20 server appointed by the circuit court while that individual 
21 is in the performance of his or her duties as a process 
22 server.
23  (11) A nurse while in the performance of his or her 
24 duties as a nurse. 
25 (e) Offense based on use of a firearm. A person commits 
26aggravated battery when, in committing a battery, he or she 
 
 
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1knowingly does any of the following:
2  (1) Discharges a firearm, other than a machine gun or a 
3 firearm equipped with a silencer, and causes any injury to 
4 another person.
5  (2) Discharges a firearm, other than a machine gun or a 
6 firearm equipped with a silencer, and causes any injury to 
7 a person he or she knows to be a peace officer, community 
8 policing volunteer, person summoned by a police officer, 
9 fireman, private security officer, correctional 
10 institution employee, or emergency management worker:
11   (i) performing his or her official duties;
12   (ii) battered to prevent performance of his or her 
13 official duties; or
14   (iii) battered in retaliation for performing his 
15 or her official duties.
16  (3) Discharges a firearm, other than a machine gun or a 
17 firearm equipped with a silencer, and causes any injury to 
18 a person he or she knows to be an emergency medical 
19 technician employed by a municipality or other 
20 governmental unit:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (4) Discharges a firearm and causes any injury to a 
 
 
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1 person he or she knows to be a teacher, a student in a 
2 school, or a school employee, and the teacher, student, or 
3 employee is upon school grounds or grounds adjacent to a 
4 school or in any part of a building used for school 
5 purposes.
6  (5) Discharges a machine gun or a firearm equipped with 
7 a silencer, and causes any injury to another person.
8  (6) Discharges a machine gun or a firearm equipped with 
9 a silencer, and causes any injury to a person he or she 
10 knows to be a peace officer, community policing volunteer, 
11 person summoned by a police officer, fireman, private 
12 security officer, correctional institution employee or 
13 emergency management worker:
14   (i) performing his or her official duties;
15   (ii) battered to prevent performance of his or her 
16 official duties; or
17   (iii) battered in retaliation for performing his 
18 or her official duties.
19  (7) Discharges a machine gun or a firearm equipped with 
20 a silencer, and causes any injury to a person he or she 
21 knows to be an emergency medical technician employed by a 
22 municipality or other governmental unit:
23   (i) performing his or her official duties;
24   (ii) battered to prevent performance of his or her 
25 official duties; or
26   (iii) battered in retaliation for performing his 
 
 
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1 or her official duties.
2  (8) Discharges a machine gun or a firearm equipped with 
3 a silencer, and causes any injury to a person he or she 
4 knows to be a teacher, or a student in a school, or a 
5 school employee, and the teacher, student, or employee is 
6 upon school grounds or grounds adjacent to a school or in 
7 any part of a building used for school purposes. 
8 (f) Offense based on use of a weapon or device. A person 
9commits aggravated battery when, in committing a battery, he or 
10she does any of the following:
11  (1) Uses a deadly weapon other than by discharge of a 
12 firearm, or uses an air rifle as defined in Section 
13 24.8-0.1 of this Code the Air Rifle
Act.
14  (2) Wears a hood, robe, or mask to conceal his or her 
15 identity.
16  (3) Knowingly and without lawful justification shines 
17 or flashes a laser gunsight or other laser device attached 
18 to a firearm, or used in concert with a firearm, so that 
19 the laser beam strikes upon or against the person of 
20 another.
21  (4) Knowingly video or audio records the offense with 
22 the intent to disseminate the recording. 
23 (g) Offense based on certain conduct. A person commits 
24aggravated battery when, other than by discharge of a firearm, 
25he or she does any of the following:
26  (1) Violates Section 401 of the Illinois Controlled 
 
 
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1 Substances Act by unlawfully delivering a controlled 
2 substance to another and any user experiences great bodily 
3 harm or permanent disability as a result of the injection, 
4 inhalation, or ingestion of any amount of the controlled 
5 substance.
6  (2) Knowingly administers to an individual or causes 
7 him or her to take, without his or her consent or by threat 
8 or deception, and for other than medical purposes, any 
9 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
10 or controlled substance, or gives to another person any 
11 food containing any substance or object intended to cause 
12 physical injury if eaten.
13  (3) Knowingly causes or attempts to cause a 
14 correctional institution employee or Department of Human 
15 Services employee to come into contact with blood, seminal 
16 fluid, urine, or feces by throwing, tossing, or expelling 
17 the fluid or material, and the person is an inmate of a 
18 penal institution or is a sexually dangerous person or 
19 sexually violent person in the custody of the Department of 
20 Human Services.
21 (h) Sentence. Unless otherwise provided, aggravated 
22battery is a Class 3 felony.
23 Aggravated battery as defined in subdivision (a)(4), 
24(d)(4), or (g)(3) is a Class 2 felony.
25 Aggravated battery as defined in subdivision (a)(3), 
26(c)(2), or (g)(1) is a Class 1 felony.
 
 
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1 Aggravated battery as defined in subdivision (a)(1) is a 
2Class 1 felony when the aggravated battery was intentional and 
3involved the infliction of torture, as defined in paragraph 
4(14) of subsection (b) of Section 9-1 of this Code, as the 
5infliction of or subjection to extreme physical pain, motivated 
6by an intent to increase or prolong the pain, suffering, or 
7agony of the victim. 
8 Aggravated battery under subdivision (a)(5) is a
Class 1 
9felony if:
10  (A) the person used or attempted to use a dangerous

11 instrument while committing the offense; or
12  (B) the person caused great bodily harm or
permanent 
13 disability or disfigurement to the other
person while 
14 committing the offense; or
15  (C) the person has been previously convicted of a

16 violation of subdivision (a)(5) under the laws of this

17 State or laws similar to subdivision (a)(5) of any other

18 state. 
19 Aggravated battery as defined in subdivision (e)(1) is a 
20Class X felony.
21 Aggravated battery as defined in subdivision (a)(2) is a 
22Class X felony for which a person shall be sentenced to a term 
23of imprisonment of a minimum of 6 years and a maximum of 45 
24years.
25 Aggravated battery as defined in subdivision (e)(5) is a 
26Class X felony for which a person shall be sentenced to a term 
 
 
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1of imprisonment of a minimum of 12 years and a maximum of 45 
2years.
3 Aggravated battery as defined in subdivision (e)(2), 
4(e)(3), or (e)(4) is a Class X felony for which a person shall 
5be sentenced to a term of imprisonment of a minimum of 15 years 
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (e)(6), 
8(e)(7), or (e)(8) is a Class X felony for which a person shall 
9be sentenced to a term of imprisonment of a minimum of 20 years 
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (b)(1) is a 
12Class X felony, except that:
13  (1) if the person committed the offense while armed 
14 with a firearm, 15 years shall be added to the term of 
15 imprisonment imposed by the court;
16  (2) if, during the commission of the offense, the 
17 person personally discharged a firearm, 20 years shall be 
18 added to the term of imprisonment imposed by the court;
19  (3) if, during the commission of the offense, the 
20 person personally discharged a firearm that proximately 
21 caused great bodily harm, permanent disability, permanent 
22 disfigurement, or death to another person, 25 years or up 
23 to a term of natural life shall be added to the term of 
24 imprisonment imposed by the court.
25 (i) Definitions. For the purposes of this Section:
26 "Building or other structure used to provide shelter" has 
 
 
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1the meaning ascribed to "shelter" in Section 1 of the Domestic 
2Violence Shelters Act.
3 "Domestic violence" has the meaning ascribed to it in 
4Section 103 of the Illinois Domestic Violence Act of 1986.
5 "Domestic violence shelter" means any building or other 
6structure used to provide shelter or other services to victims 
7or to the dependent children of victims of domestic violence 
8pursuant to the Illinois Domestic Violence Act of 1986 or the 
9Domestic Violence Shelters Act, or any place within 500 feet of 
10such a building or other structure in the case of a person who 
11is going to or from such a building or other structure.
12 "Firearm" has the meaning provided under Section 1.1
of the 
13Firearm Owners Identification Card Act, and does
not include an 
14air rifle as defined by Section 24.8-0.1 of this Code. 
15 "Machine gun" has the meaning ascribed to it in Section 
1624-1 of this Code.
17 "Merchant" has the meaning ascribed to it in Section 16-0.1 
18of this Code. 
19 "Safe passage route" means a public way which has been 
20designated, and published on the Internet, by the mayor or 
21corporate authorities of a municipality or if in an 
22unincorporated area the county board, as a route school 
23students should use to transit to and from school. The safe 
24passage route designation is in effect between the hours of 
256:00 a.m. and 7 p.m. on any day school is in session, during 
26any school activity, and within one hour before the starting 
 
 
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1time and one hour after the ending time of a school activity. 
2 "Strangle" means
intentionally impeding the normal 
3breathing or circulation of the blood of an individual by 
4applying pressure on the throat
or neck of that individual or 
5by blocking the nose or mouth of
that individual. 

6(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. 
71-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, 
8eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised 
99-24-13.)