98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5965
 
Introduced , by Rep. Natalie A. Manley
 
SYNOPSIS AS INTRODUCED:





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

 Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a State's Attorney or Assistant State's Attorney. Provides that a person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes severe and permanent disability which renders the individual incapable of independently performing basic life-sustaining functions for the remainder of his or her life. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a State's Attorney or Assistant State's Attorney: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Establishes penalties.



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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, which may be referred to as 
2Eric's Law.


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

4represented in the General Assembly:



5 Section 5. The Criminal Code of 2012 is amended by changing 
6Section 12-3.05 as follows:


7 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



8 Sec. 12-3.05. Aggravated battery. 

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

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

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

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

19 state. 
20 Aggravated battery as defined in subdivision (e)(1) is a 
21Class X felony.
22 Aggravated battery as defined in subdivision (a)(2) is a 
23Class X felony for which a person shall be sentenced to a term 
24of imprisonment of a minimum of 6 years and a maximum of 45 
25years.
26 Aggravated battery as defined in subdivision (a)(6) or 
 
 
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1(e)(5) is a Class X felony for which a person shall be 
2sentenced to a term of imprisonment of a minimum of 12 years 
3and a maximum of 45 years.
4 Aggravated battery as defined in subdivision (e)(2), 
5(e)(3), or (e)(4) is a Class X felony for which a person shall 
6be sentenced to a term of imprisonment of a minimum of 15 years 
7and a maximum of 60 years.
8 Aggravated battery as defined in subdivision (e)(6), 
9(e)(7), or (e)(8) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 20 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (b)(1) is a 
13Class X felony, except that:
14  (1) if the person committed the offense while armed 
15 with a firearm, 15 years shall be added to the term of 
16 imprisonment imposed by the court;
17  (2) if, during the commission of the offense, the 
18 person personally discharged a firearm, 20 years shall be 
19 added to the term of imprisonment imposed by the court;
20  (3) if, during the commission of the offense, the 
21 person personally discharged a firearm that proximately 
22 caused great bodily harm, permanent disability, permanent 
23 disfigurement, or death to another person, 25 years or up 
24 to a term of natural life shall be added to the term of 
25 imprisonment imposed by the court.
26 (i) Definitions. For the purposes of this Section:
 
 
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1 "Building or other structure used to provide shelter" has 
2the meaning ascribed to "shelter" in Section 1 of the Domestic 
3Violence Shelters Act.
4 "Domestic violence" has the meaning ascribed to it in 
5Section 103 of the Illinois Domestic Violence Act of 1986.
6 "Domestic violence shelter" means any building or other 
7structure used to provide shelter or other services to victims 
8or to the dependent children of victims of domestic violence 
9pursuant to the Illinois Domestic Violence Act of 1986 or the 
10Domestic Violence Shelters Act, or any place within 500 feet of 
11such a building or other structure in the case of a person who 
12is going to or from such a building or other structure.
13 "Firearm" has the meaning provided under Section 1.1
of the 
14Firearm Owners Identification Card Act, and does
not include an 
15air rifle as defined by Section 24.8-0.1 of this Code. 
16 "Machine gun" has the meaning ascribed to it in Section 
1724-1 of this Code.
18 "Merchant" has the meaning ascribed to it in Section 16-0.1 
19of this Code. 
20 "Strangle" means
intentionally impeding the normal 
21breathing or circulation of the blood of an individual by 
22applying pressure on the throat
or neck of that individual or 
23by blocking the nose or mouth of
that individual. 

24(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. 
251-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, 
26eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised 
 
 
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19-24-13.)