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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3435 Introduced 2/14/2014, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
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720 ILCS 5/12-2 | from Ch. 38, par. 12-2 |
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Amends the Criminal Code of 2012. Provides that a person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be a child under the age of 13 years assaulted by a person who is at least 18 years of age. Provides that the penalty is a Class A misdemeanor.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| | SB3435 | | LRB098 14329 RLC 48955 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 12-2 as follows:
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| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| 7 | | Sec. 12-2. Aggravated assault.
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| 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 |
| 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 | | (11) A child under the age of 13 years assaulted by a |
| 19 | | person who is at least 18 years of age. |
| 20 | | (c) Offense based on use of firearm, device, or motor |
| 21 | | vehicle. A person commits aggravated assault when, in |
| 22 | | committing an assault, he or she does any of the following: |
| 23 | | (1) Uses a deadly weapon, an air rifle as defined in |
| 24 | | the Air Rifle Act, or any device manufactured and designed |
| 25 | | to be substantially similar in appearance to a firearm, |
| 26 | | other than by discharging a firearm. |
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| 1 | | (2) Discharges a firearm, other than from a motor |
| 2 | | vehicle. |
| 3 | | (3) Discharges a firearm from a motor vehicle. |
| 4 | | (4) Wears a hood, robe, or mask to conceal his or her |
| 5 | | identity. |
| 6 | | (5) Knowingly and without lawful justification shines |
| 7 | | or flashes a laser gun sight or other laser device attached |
| 8 | | to a firearm, or used in concert with a firearm, so that |
| 9 | | the laser beam strikes near or in the immediate vicinity of |
| 10 | | any person. |
| 11 | | (6) Uses a firearm, other than by discharging the |
| 12 | | firearm, against a peace officer, community policing |
| 13 | | volunteer, fireman, private security officer, emergency |
| 14 | | management worker, emergency medical technician, employee |
| 15 | | of a police department, employee of a sheriff's department, |
| 16 | | or traffic control municipal employee: |
| 17 | | (i) performing his or her official duties; |
| 18 | | (ii) assaulted to prevent performance of his or her |
| 19 | | official duties; or |
| 20 | | (iii) assaulted in retaliation for performing his |
| 21 | | or her official duties. |
| 22 | | (7) Without justification operates a motor vehicle in a |
| 23 | | manner which places a person, other than a person listed in |
| 24 | | subdivision (b)(4), in reasonable apprehension of being |
| 25 | | struck by the moving motor vehicle. |
| 26 | | (8) Without justification operates a motor vehicle in a |
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| 1 | | manner which places a person listed in subdivision (b)(4), |
| 2 | | in reasonable apprehension of being struck by the moving |
| 3 | | motor vehicle. |
| 4 | | (9) Knowingly video or audio records the offense with |
| 5 | | the intent to disseminate the recording. |
| 6 | | (d) Sentence. Aggravated assault as defined in subdivision |
| 7 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
| 8 | | (b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, |
| 9 | | except that aggravated assault as defined in subdivision (b)(4) |
| 10 | | and (b)(7) is a Class 4 felony if a Category I, Category II, or |
| 11 | | Category III weapon is used in the commission of the assault. |
| 12 | | Aggravated assault as defined in subdivision (b)(5), (b)(6), |
| 13 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
| 14 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
| 15 | | is a Class 3 felony. |
| 16 | | (e) For the purposes of this Section, "Category I weapon", |
| 17 | | "Category II weapon, and "Category III weapon" have the |
| 18 | | meanings ascribed to those terms in Section 33A-1 of this Code.
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| 19 | | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; |
| 20 | | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. |
| 21 | | 1-1-14.)
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