Bill Text: IL HB2372 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that kidnaping, assault, battery, robbery, or arson committed by a gang member is enhanced to an aggravated kidnaping, aggravated assault, aggravated battery, aggravated robbery, or aggravated arson.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2372 Detail]

Download: Illinois-2009-HB2372-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2372 Introduced 2/19/2009, by Rep. Emily McAsey SYNOPSIS AS INTRODUCED:
720 ILCS 5/2-8.5 new
720 ILCS 5/10-2 from Ch. 38, par. 10-2
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/12-4 from Ch. 38, par. 12-4
720 ILCS 5/18-5
720 ILCS 5/20-1.1 from Ch. 38, par. 20-1.1
Amends the Criminal Code of 1961. Provides that kidnaping, assault, battery, robbery, or arson committed by a gang member is enhanced to an aggravated kidnaping, aggravated assault, aggravated battery, aggravated robbery, or aggravated arson.
LRB096 09814 RLC 19977 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2372 LRB096 09814 RLC 19977 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 10-2, 12-2, 12-4, 18-5, and 20-1.1 and by adding
Section 2-8.5 as follows:
(720 ILCS 5/2-8.5 new)
Sec. 2-8.5. Gang member. "Gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of
Section 10-1 is guilty of the offense of aggravated kidnaping
when he:
(1) Kidnaps for the purpose of obtaining ransom from
the person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13
years, or a severely or profoundly mentally retarded
person, or
(3) Inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his

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victim, or
(4) Wears a hood, robe or mask or conceals his
identity, or
(5) Commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in
Section 33A-1 of the "Criminal Code of 1961", or
(6) Commits the offense of kidnaping while armed with a
firearm, or
(7) During the commission of the offense of kidnaping,
personally discharged a firearm, or
(8) During the commission of the offense of kidnaping,
personally discharged a firearm that proximately caused
great bodily harm, permanent disability, permanent
disfigurement, or death to another person, or
(9) Is a gang member.
As used in this Section, "ransom" includes money, benefit
or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5), or (9) of subsection (a)
is a Class X felony. A violation of subsection (a)(6) is a
Class X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(7) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 25 years or up
to a term of natural life shall be added to the term of

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imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense
of aggravated kidnaping shall be sentenced to a term of natural
life imprisonment; provided, however, that a sentence of
natural life imprisonment shall not be imposed under this
Section unless the second or subsequent offense was committed
after conviction on the first offense.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in
committing an assault, he:
(1) Uses a deadly weapon or any device manufactured and
designed to be substantially similar in appearance to a
firearm, other than by discharging a firearm in the
direction of another person, a peace officer, a person
summoned or directed by a peace officer, a correctional
officer, a private security officer, or a fireman or in the
direction of a vehicle occupied by another person, a peace
officer, a person summoned or directed by a peace officer,
a correctional officer, a private security officer, or a
fireman while the officer or fireman is engaged in the
execution of any of his official duties, or to prevent the
officer or fireman from performing his official duties, or
in retaliation for the officer or fireman performing his

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official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and
designed to be substantially similar in appearance to a
firearm;
(3) Knows the individual assaulted to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) Knows the individual assaulted to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used for
park purposes;
(5) Knows the individual assaulted to be a caseworker,
investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department
of Public Aid), a County Department of Public Aid, or the
Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or
other person is upon the grounds of a public aid office or
grounds adjacent thereto, or is in any part of a building
used for public aid purposes, or upon the grounds of a home

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of a public aid applicant, recipient or any other person
being interviewed or investigated in the employees'
discharge of his duties, or on grounds adjacent thereto, or
is in any part of a building in which the applicant,
recipient, or other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, a community policing volunteer, a private
security officer, or a fireman while the officer or fireman
is engaged in the execution of any of his official duties,
or to prevent the officer, community policing volunteer, or
fireman from performing his official duties, or in
retaliation for the officer, community policing volunteer,
or fireman performing his official duties, and the assault
is committed other than by the discharge of a firearm in
the direction of the officer or fireman or in the direction
of a vehicle occupied by the officer or fireman;
(7) Knows the individual assaulted to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance or
first aid personnel engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel from performing his official duties, or in

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retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel
performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(9) Or the individual assaulted is on or about a public
way, public property, or public place of accommodation or
amusement;
(9.5) Is, or the individual assaulted is, in or about a
publicly or privately owned sports or entertainment arena,
stadium, community or convention hall, special event
center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking

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place in this venue;
(10) Knows the individual assaulted to be an employee
of the State of Illinois, a municipal corporation therein
or a political subdivision thereof, engaged in the
performance of his authorized duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm, other than from a motor
vehicle;
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the
execution of any of his or her official duties, or to
prevent the officer from performing his or her official
duties, or in retaliation for the officer performing his or
her official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of
Human Services supervising or controlling sexually
dangerous persons or sexually violent persons, while the
employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing
his or her official duties, or in retaliation for the
employee performing his or her official duties, and the

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assault is committed other than by the discharge of a
firearm in the direction of the employee or in the
direction of a vehicle occupied by the employee;
(16) Knows the individual assaulted to be an employee
of a police or sheriff's department, or a person who is
employed by a municipality and whose duties include traffic
control, engaged in the performance of his or her official
duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act
causing the assault to the sports official or coach
occurred within an athletic facility or an indoor or
outdoor playing field or within the immediate vicinity of
the athletic facility or an indoor or outdoor playing field
at which the sports official or coach was an active
participant in the athletic contest held at the athletic
facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee; and "coach" means a person recognized as a coach
by the sanctioning authority that conducted the athletic
contest;
(18) Knows the individual assaulted to be an emergency
management worker, while the emergency management worker
is engaged in the execution of any of his or her official
duties, or to prevent the emergency management worker from

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performing his or her official duties, or in retaliation
for the emergency management worker performing his or her
official duties, and the assault is committed other than by
the discharge of a firearm in the direction of the
emergency management worker or in the direction of a
vehicle occupied by the emergency management worker; or
(19) Knows the individual assaulted to be a utility
worker, while the utility worker is engaged in the
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (19), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an
independent contractor or an employee of an independent
contractor working on behalf of a cable television company,
public utility, municipally owned utility, or an electric
cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section

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13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
(a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
(a-6) A person commits an aggravated assault when he or she
commits an assault and at the time of the commission of the
assault was a gang member.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), and (15) of subsection (a) of
this Section and as defined in subsections subsection (a-5) and
(a-6) of this Section is a Class 4 felony. Aggravated assault
as defined in paragraphs (6), (7), (16), and (18) of subsection
(a) of this Section is a Class A misdemeanor if a firearm is
not used in the commission of the assault. Aggravated assault
as defined in paragraphs (6), (7), (16), and (18) of subsection
(a) of this Section is a Class 4 felony if a firearm is used in
the commission of the assault. Aggravated assault as defined in

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paragraph (13.5) of subsection (a) is a Class 3 felony.
(c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236,
eff. 1-1-08; 95-292, eff. 8-20-07; 95-331, eff. 8-21-07;
95-429, eff. 1-1-08; 95-591, eff. 9-10-07; 95-876, eff.
8-21-08.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the discharge of
a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for

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school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the
execution of any official duties, or to prevent the
volunteer from performing official duties, or in
retaliation for the volunteer performing official duties,
and the battery is committed other than by the discharge of
a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, other medical assistance,
first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to
prevent the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, other
medical assistance, first aid personnel, or hospital
personnel from performing official duties, or in
retaliation for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(8.5) Is, or the person battered is, on a publicly or

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privately owned sports or entertainment arena, stadium,
community or convention hall, special event center,
amusement facility, or a special event center in a public
park during any 24-hour period when a professional sporting
event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking
place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(10) Knows the individual harmed to be an individual of
60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who is

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physically handicapped;
(15) Knowingly and without legal justification and by
any means causes bodily harm to a merchant who detains the
person for an alleged commission of retail theft under
Section 16A-5 of this Code. In this item (15), "merchant"
has the meaning ascribed to it in Section 16A-2.4 of this
Code;
(16) Is, or the person battered is, in any building or
other structure used to provide shelter or other services
to victims or to the dependent children of victims of
domestic violence pursuant to the Illinois Domestic
Violence Act of 1986 or the Domestic Violence Shelters Act,
or the person battered is within 500 feet of such a
building or other structure while going to or from such a
building or other structure. "Domestic violence" has the
meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure
used to provide shelter" has the meaning ascribed to
"shelter" in Section 1 of the Domestic Violence Shelters
Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local
government, or school district engaged in the performance
of his or her authorized duties as such officer or
employee;

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(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his
or her official duties, or to prevent the emergency
management worker from performing official duties, or in
retaliation for the emergency management worker performing
official duties;
(20) Knows the individual harmed to be a private
security officer engaged in the performance of any of his
or her official duties, or to prevent the private security
officer from performing official duties, or in retaliation
for the private security officer performing official
duties; or
(21) Knows the individual harmed to be a taxi driver
and the battery is committed while the taxi driver is on
duty; or
(22) Knows the individual harmed to be a utility
worker, while the utility worker is engaged in the
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (22), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an

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independent contractor or an employee of an independent
contractor working on behalf of a cable television company,
public utility, municipally owned utility, or an electric
cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,

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stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
(d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
(d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
(d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
(d-6) A person commits aggravated battery when he or she
commits battery and at the time of the commission of the
offense was a gang member.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2),

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(3), and (4) aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great bodily
harm or permanent disability or disfigurement is a Class 2
felony when the person knows the individual harmed to be a
peace officer, a community policing volunteer, a private
security officer, a correctional institution employee, an
employee of the Department of Human Services supervising or
controlling sexually dangerous persons or sexually violent
persons, or a fireman while such officer, volunteer,
employee, or fireman is engaged in the execution of any
official duties including arrest or attempted arrest, or to
prevent the officer, volunteer, employee, or fireman from
performing official duties, or in retaliation for the
officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by
the discharge of a firearm.
(3) Aggravated battery that causes great bodily harm or
permanent disability or disfigurement in violation of
subsection (a) is a Class 1 felony when the person knows
the individual harmed to be a peace officer, a community
policing volunteer, a private security officer, a
correctional institution employee, an employee of the
Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or
a fireman while such officer, volunteer, employee, or
fireman is engaged in the execution of any official duties

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including arrest or attempted arrest, or to prevent the
officer, volunteer, employee, or fireman from performing
official duties, or in retaliation for the officer,
volunteer, employee, or fireman performing official
duties, and the battery is committed other than by the
discharge of a firearm.
(4) Aggravated battery under subsection (d-5) is a
Class 2 felony.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333,
eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06;
95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07;
95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff.
8-21-08.)
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she
takes property from the person or presence of another by the
use of force or by threatening the imminent use of force while
indicating verbally or by his or her actions to the victim that
he or she is presently armed with a firearm or other dangerous
weapon, including a knife, club, ax, or bludgeon. This offense
shall be applicable even though it is later determined that he
or she had no firearm or other dangerous weapon, including a
knife, club, ax, or bludgeon, in his or her possession when he
or she committed the robbery.

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(a-5) A person commits aggravated robbery when he or she
takes property from the person or presence of another by
delivering (by injection, inhalation, ingestion, transfer of
possession, or any other means) to the victim without his or
her consent, or by threat or deception, and for other than
medical purposes, any controlled substance.
(a-6) A person commits aggravated robbery when he or she
commits a robbery and at the time of the commission of the
offense was a gang member.
(b) Sentence. Aggravated robbery is a Class 1 felony.
(Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98;
91-357, eff. 7-29-99.)
(720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
Sec. 20-1.1. Aggravated Arson.
(a) A person commits aggravated arson when in the course of
committing arson he or she knowingly damages, partially or
totally, any building or structure, including any adjacent
building or structure, including all or any part of a school
building, house trailer, watercraft, motor vehicle, or
railroad car, and (1) he knows or reasonably should know that
one or more persons are present therein or (2) any person
suffers great bodily harm, or permanent disability or
disfigurement as a result of the fire or explosion or (3) a
fireman, policeman, or correctional officer who is present at
the scene acting in the line of duty is injured as a result of

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the fire or explosion. For purposes of this Section, property
"of another" means a building or other property, whether real
or personal, in which a person other than the offender has an
interest that the offender has no authority to defeat or
impair, even though the offender may also have an interest in
the building or property; and "school building" means any
public or private preschool, elementary or secondary school,
community college, college, or university.
(a-5) A person commits aggravated arson when he or she
commits an arson and at the time of the commission of the
offense was a gang member.
(b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05;
94-393, eff. 8-1-05.)