Bill Text: IL HB3545 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.

Spectrum: Partisan Bill (Republican 16-0)

Status: (Introduced) 2023-03-20 - Added Co-Sponsor Rep. Jennifer Sanalitro [HB3545 Detail]

Download: Illinois-2023-HB3545-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3545 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
225 ILCS 46/25
225 ILCS 46/27
225 ILCS 46/28
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.
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A BILL FOR
HB3545 LRB103 27569 AMQ 53945 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 Health Care Worker Background Check Act is
amended by changing Sections 25, 27, and 28 as follows:
(225 ILCS 46/25)
Sec. 25. Hiring of people with criminal records by health
care employers and long-term care facilities.
(a) A health care employer or long-term care facility may
hire, employ, or retain any individual in a position involving
direct care for clients, patients, or residents, or access to
the living quarters or the financial, medical, or personal
records of clients, patients, or residents who has been
convicted of committing or attempting to commit one or more of
the following offenses, or any individual who fails to report
to the Department any such individual who committed a
violation described in this subsection, only with a waiver
described in Section 40: those defined in Sections 8-1(b),
8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B,
11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4,

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12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5, 12C-10,
16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3,
18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
(a)(4) of Section 11-14.4, or in subsection (a) of Section
12-3 or subsection (a) or (b) of Section 12-4.4a, of the
Criminal Code of 1961 or the Criminal Code of 2012; those
provided in Section 4 of the Wrongs to Children Act; those
provided in Section 53 of the Criminal Jurisprudence Act;
those defined in subsection (c), (d), (e), (f), or (g) of
Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
Act; those defined in the Methamphetamine Control and
Community Protection Act; those defined in Sections 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; or those defined in subsection (a)
of Section 3.01, Section 3.02, or Section 3.03 of the Humane
Care for Animals Act.
(a-1) A health care employer or long-term care facility
may hire, employ, or retain any individual in a position
involving direct care for clients, patients, or residents, or
access to the living quarters or the financial, medical, or
personal records of clients, patients, or residents who has
been convicted of committing or attempting to commit one or
more of the following offenses, or any individual who fails to

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report to the Department any such individual who committed a
violation described in this subsection, only with a waiver
described in Section 40: those offenses defined in Section
12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34,
17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2,
or 24-3.3, or subsection (b) of Section 17-32, subsection (b)
of Section 18-1, or subsection (b) of Section 20-1, of the
Criminal Code of 1961 or the Criminal Code of 2012; those
offenses defined in Section 4, 5, 6, 8, or 17.02 of the
Illinois Credit Card and Debit Card Act; those offenses
defined in or Section 11-9.1A of the Criminal Code of 1961 or
the Criminal Code of 2012 or Section 5.1 of the Wrongs to
Children Act; or those offenses defined in (ii) violated
Section 50-50 of the Nurse Practice Act.
A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care
facility is required to retain an individual in a position
with duties that involve or may involve contact with residents
or access to the living quarters or the financial, medical, or
personal records of residents, who has been convicted of
committing or attempting to commit one or more of the offenses
enumerated in this subsection.
(b) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,

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patients, or residents, and no long-term care facility shall
knowingly hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties that
involve or may involve contact with residents or access to the
living quarters or the financial, medical, or personal records
of residents, if the health care employer becomes aware that
the individual: (i) has been convicted in another state of
committing or attempting to commit an offense that has the
same or similar elements as an offense listed in subsection
(a) or (a-1), as verified by court records, records from a
state agency, or an FBI criminal history record check; or (ii)
has failed to report to the Department any such individual who
committed in another state an offense listed in subsection (a)
or (a-1), unless the applicant or employee obtains a waiver
pursuant to Section 40 of this Act. This shall not be construed
to mean that a health care employer has an obligation to
conduct a criminal history records check in other states in
which an employee has resided.
(c) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents, who has a finding by the Department of
abuse, neglect, misappropriation of property, or theft denoted
on the Health Care Worker Registry, or a finding by the
Department denoted on the Health Care Worker Registry of
failure to report neglect, misappropriation of property, or

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theft to the Department.
(d) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents if the individual has a verified and
substantiated finding of abuse, neglect, or financial
exploitation, as identified within the Adult Protective
Service Registry established under Section 7.5 of the Adult
Protective Services Act, or any individual who fails to report
to the Department any such individual who committed abuse,
neglect, or financial exploitation.
(e) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents who has a finding by the Department of
Human Services of physical or sexual abuse, financial
exploitation, or egregious neglect of an individual denoted on
the Health Care Worker Registry, or any individual who fails
to report to the Department any such individual who committed
the physical or sexual abuse, financial exploitation, or
egregious neglect.
(f) Reports of violations required under this Section
shall be made no later than 5 days after the incident
constituting the violation.
(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)

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(225 ILCS 46/27)
Sec. 27. Notice and hearing prior to designation on Health
Care Worker Registry for offense.
(a) If the Department finds that an employee or former
employee has abused or neglected a resident or misappropriated
property of a resident, then the Department shall notify the
employee or individual of this finding by certified mail sent
to the address contained in the Health Care Worker Registry.
The notice shall give the employee or individual an
opportunity to contest the finding in a hearing before the
Department or to submit a written response to the findings in
lieu of requesting a hearing. As used in this subsection,
"abuse" and "neglect" shall have the meanings provided in the
Nursing Home Care Act, except that: (1) the term "resident" as
used in those definitions shall have the meaning provided in
this Act; and (ii) "abuse" and "neglect" shall include the
failure to report any abuse, neglect, or misappropriation of a
resident's property to the Department. As used in this
subsection, "misappropriate property of a resident" shall have
the meaning provided to "misappropriation of a resident's
property" in the Nursing Home Care Act, except that the term
"resident" as used in that definition shall have the meaning
provided in this Act.
(b) The Department shall have the authority to hold
hearings to be conducted by the Director, or by an individual
designated by the Director as hearing officer to conduct the

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hearing. On the basis of a hearing, or upon default of the
employee, the Director shall make a determination specifying
his or her findings and conclusions. A copy of the
determination shall be sent by certified mail, return receipt
requested, or served personally upon the employee to the
address last provided by the employee to the Department.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules adopted by the
Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, and the report and orders of the Director or
the Director's designee. All testimony shall be reported but
need not be transcribed unless the decision is sought to be
reviewed under the Administrative Review Law. A copy or copies
of the transcript and record of the proceedings may be
obtained by any interested party subsequent to payment to the
Department of the cost of preparing the copy or copies. All
final administrative decisions of the Department under this
Act are subject to judicial review under the Administrative
Review Law and the rules adopted pursuant thereto. For
purposes of this subsection, "administrative decision" has the
meaning provided in Section 3-101 of the Code of Civil
Procedure.
(d) The Department may issue subpoenas requiring the
attendance and the giving of testimony by witnesses, and

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subpoenas duces tecum requiring the production of books,
papers, records, or memoranda. All subpoenas and subpoenas
duces tecum issued under this Act may be served by mail or by
any person of legal age. The fees of witnesses for attendance
and travel shall be the same as the fees of witnesses before
the courts of this State. The fees shall be paid when the
witness is excused from further attendance. When the witness
is subpoenaed at the instance of the Department, the fees
shall be paid in the same manner as other expenses of the
Department, and when the witness is subpoenaed at the instance
of any other party to any such proceeding, the Department may
require that the cost of service of the subpoena or subpoena
duces tecum and the fee of the witness be borne by the party at
whose instance the witness is summoned. A subpoena or subpoena
duces tecum issued pursuant to this Section shall be served in
the same manner as a subpoena issued by a circuit court.
(e) If, after a hearing or if the employee, or former
employee, does not request a hearing, the Department finds
that the employee, or former employee, abused a resident,
neglected a resident, or misappropriated resident property, or
failed to report any abuse, neglect, or misappropriation to
the Department or makes any other applicable finding as set
forth by rule, the finding shall be included as part of the
Health Care Worker Registry as well as a clear and accurate
summary from the employee, if he or she chooses to make a
statement.

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(f) The Department shall make the following information in
the Health Care Worker Registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an employee, or
former employee, has been guilty of abuse or neglect of a
resident or misappropriation of resident property or failure
to report any abuse, neglect, or misappropriation of resident
property to the Department or has made any other applicable
finding as set forth by rule. In the case of inquiries to the
Health Care Worker Registry concerning an employee, or former
employee, listed in the Health Care Worker Registry, any
information disclosed concerning a finding shall also include
disclosure of the employee's, or former employee's, statement
in the Health Care Worker Registry relating to the finding or a
clear and accurate summary of the statement.
(g) The Department shall add to the Health Care Worker
Registry records of findings as reported by the Inspector
General or remove from the Health Care Worker Registry records
of findings as reported by the Department of Human Services,
under subsection (s) of Section 1-17 of the Department of
Human Services Act.
(h) Reports of violations required under this Section
shall be made no later than 5 days after the incident
constituting the violation.
(Source: P.A. 100-432, eff. 8-25-17.)

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(225 ILCS 46/28)
Sec. 28. Designation on Registry for offense.
(a) The Department, after notice to the employee, or
former employee, may denote on the Health Care Worker Registry
that the Department has found any of the following:
(1) The employee, or former employee, has abused a
resident.
(2) The employee, or former employee, has neglected a
resident.
(3) The employee, or former employee, has
misappropriated resident property.
(3.5) The employee, or former employee, failed to
report abuse of a resident, neglect of a resident, or
misappropriation of resident property by another employee
or former employee to the Department.
(4) The employee, or former employee, has been
convicted of (i) a felony; (ii) a misdemeanor, an
essential element of which is dishonesty; or (iii) any
crime that is directly related to the duties of an
employee, a nursing assistant, habilitation aide, or child
care aide.
(b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect,
theft, or other applicable finding, and notice of the
opportunity for a hearing to contest the designation.

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(c) The Department shall document criminal history records
check results pursuant to the requirements of this Act.
(d) After the designation of neglect on the Health Care
Worker Registry, made pursuant to this Section, an employee,
or former employee, may petition the Department for removal of
a designation of neglect on the Health Care Worker Registry,
after durations set forth within the Department's notice made
pursuant to subsections (a) and (b) of this Section. Upon
receipt of a petition, the Department may remove the
designation for a finding of neglect after no less than one
year, or the designation of applicable findings set forth by
rule of an employee, or former employee, for minimum durations
set forth by the Department, on the Health Care Worker
Registry unless the Department determines that removal of
designation is not in the public interest. The Department
shall set forth by rule the discretionary factors by which
designations of employees or former employees may be removed.
(e) Reports of violations required under this Section
shall be made no later than 5 days after the incident
constituting the violation.
(Source: P.A. 100-432, eff. 8-25-17.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 12-3.05 as follows:
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

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Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or

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older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. 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 any of the following:

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(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.

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(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this
Code and the person without legal justification by any
means causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the
merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.
(13) A patient at an Illinois Department of Human
Services facility who is battered by an employee of the

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Illinois Department of Human Services.
(14) A recipient at a community-integrated living
arrangement, as defined in the Community-Integrated Living
Arrangements Licensure and Certification Act, who is
battered by an employee of the community-integrated living
arrangement.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be emergency medical

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services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped

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with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.

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(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic,
anesthetic, or controlled substance, or gives to another
person any food containing any substance or object
intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department
of Human Services.

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(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), (d)(13), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain,
motivated by an intent to increase or prolong the pain,
suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense;
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or

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(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of

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imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means 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 any place within 500 feet
of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of
the Firearm Owners Identification Card Act, and does not
include an air rifle as defined by Section 24.8-0.1 of this

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Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)