103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5869
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
 Amends the Criminal Code of 2012. In the offense of aggravated battery based on the status of the victim, includes the battery of a health care worker: (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. Deletes provision 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 nurse while in the performance of his or her duties as a nurse. Provides that a violation is a Class 2 felony. Defines "health care worker".


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A BILL FOR
 
HB5869LRB103 41691 RLC 74911 b


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 
5changing Section 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 
13 or 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 
20 or disfigurement to an individual whom the person knows to 
21 be 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 
9 or disfigurement to an individual 60 years of age or 
10 older.
11  (5) Strangles another individual. 
12 (b) Offense based on injury to a child or person with an 
13intellectual disability. A person who is at least 18 years of 
14age commits aggravated battery when, in committing a battery, 
15he or she knowingly and without legal justification by any 
16means:
17  (1) causes great bodily harm or permanent disability 
18 or disfigurement to any child under the age of 13 years, or 
19 to any person with a severe or profound intellectual 
20 disability; or
21  (2) causes bodily harm or disability or disfigurement 
22 to any child under the age of 13 years or to any person 
23 with a severe or profound intellectual disability. 
24 (c) Offense based on location of conduct. A person commits 
25aggravated battery when, in committing a battery, other than 
26by the discharge of a firearm, he or she is or the person 
 
 
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1battered is on or about a public way, public property, a public 
2place of accommodation or amusement, a sports venue, or a 
3domestic violence shelter, or in a church, synagogue, mosque, 
4or other building, structure, or place used for religious 
5worship.
6 (d) Offense based on status of victim. A person commits 
7aggravated battery when, in committing a battery, other than 
8by discharge of a firearm, he or she knows the individual 
9battered to be any of the following:
10  (1) A person 60 years of age or older.
11  (2) A person who is pregnant or has a physical 
12 disability.
13  (3) A teacher or school employee upon school grounds 
14 or grounds adjacent to a school or in any part of a 
15 building used for school purposes.
16  (4) A peace officer, community policing volunteer, 
17 fireman, private security officer, correctional 
18 institution employee, or Department of Human Services 
19 employee supervising or controlling sexually dangerous 
20 persons or sexually violent persons, or health care 
21 worker:
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 services personnel, 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 
16 Code and the person without legal justification by any 
17 means causes bodily harm to the merchant.
18  (10) A person authorized to serve process under 
19 Section 2-202 of the Code of Civil Procedure or a special 
20 process server appointed by the circuit court while that 
21 individual is in the performance of his or her duties as a 
22 process server.
23  (11) (Blank). A nurse while in the performance of his 
24 or her duties as a nurse. 
25  (12) A merchant: (i) while performing his or her 
26 duties, including, but not limited to, relaying directions 
 
 
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1 for healthcare or safety from his or her supervisor or 
2 employer or relaying health or safety guidelines, 
3 recommendations, regulations, or rules from a federal, 
4 State, or local public health agency; and (ii) during a 
5 disaster declared by the Governor, or a state of emergency 
6 declared by the mayor of the municipality in which the 
7 merchant is located, due to a public health emergency and 
8 for a period of 6 months after such declaration. 
9 (e) Offense based on use of a firearm. A person commits 
10aggravated battery when, in committing a battery, he or she 
11knowingly does any of the following:
12  (1) Discharges a firearm, other than a machine gun or 
13 a firearm equipped with a silencer, and causes any injury 
14 to another person.
15  (2) Discharges a firearm, other than a machine gun or 
16 a firearm equipped with a silencer, and causes any injury 
17 to a person he or she knows to be a peace officer, 
18 community policing volunteer, person summoned by a police 
19 officer, fireman, private security officer, correctional 
20 institution employee, or emergency management worker:
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  (3) Discharges a firearm, other than a machine gun or 
 
 
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1 a firearm equipped with a silencer, and causes any injury 
2 to a person he or she knows to be emergency medical 
3 services personnel:
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  (4) Discharges a firearm and causes any injury to a 
10 person he or she knows to be a teacher, a student in a 
11 school, or a school employee, and the teacher, student, or 
12 employee is upon school grounds or grounds adjacent to a 
13 school or in any part of a building used for school 
14 purposes.
15  (5) Discharges a machine gun or a firearm equipped 
16 with a silencer, and causes any injury to another person.
17  (6) Discharges a machine gun or a firearm equipped 
18 with a silencer, and causes any injury to a person he or 
19 she knows to be a peace officer, community policing 
20 volunteer, person summoned by a police officer, fireman, 
21 private security officer, correctional institution 
22 employee or emergency management worker:
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  (7) Discharges a machine gun or a firearm equipped 
3 with a silencer, and causes any injury to a person he or 
4 she knows to be emergency medical services personnel:
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  (8) Discharges a machine gun or a firearm equipped 
11 with a silencer, and causes any injury to a person he or 
12 she knows to be a teacher, or a student in a school, or a 
13 school employee, and the teacher, student, or employee is 
14 upon school grounds or grounds adjacent to a school or in 
15 any part of a building used for school purposes. 
16 (f) Offense based on use of a weapon or device. A person 
17commits aggravated battery when, in committing a battery, he 
18or she does any of the following:
19  (1) Uses a deadly weapon other than by discharge of a 
20 firearm, or uses an air rifle as defined in Section 
21 24.8-0.1 of this Code.
22  (2) Wears a hood, robe, or mask to conceal his or her 
23 identity.
24  (3) Knowingly and without lawful justification shines 
25 or flashes a laser gunsight or other laser device attached 
26 to a firearm, or used in concert with a firearm, so that 
 
 
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1 the laser beam strikes upon or against the person of 
2 another.
3  (4) Knowingly video or audio records the offense with 
4 the intent to disseminate the recording. 
5 (g) Offense based on certain conduct. A person commits 
6aggravated battery when, other than by discharge of a firearm, 
7he or she does any of the following:
8  (1) Violates Section 401 of the Illinois Controlled 
9 Substances Act by unlawfully delivering a controlled 
10 substance to another and any user experiences great bodily 
11 harm or permanent disability as a result of the injection, 
12 inhalation, or ingestion of any amount of the controlled 
13 substance.
14  (2) Knowingly administers to an individual or causes 
15 him or her to take, without his or her consent or by threat 
16 or deception, and for other than medical purposes, any 
17 intoxicating, poisonous, stupefying, narcotic, 
18 anesthetic, or controlled substance, or gives to another 
19 person any food containing any substance or object 
20 intended to cause physical injury if eaten.
21  (3) Knowingly causes or attempts to cause a 
22 correctional institution employee or Department of Human 
23 Services employee to come into contact with blood, seminal 
24 fluid, urine, or feces by throwing, tossing, or expelling 
25 the fluid or material, and the person is an inmate of a 
26 penal institution or is a sexually dangerous person or 
 
 
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1 sexually violent person in the custody of the Department 
2 of Human Services.
3 (h) Sentence. Unless otherwise provided, aggravated 
4battery is a Class 3 felony.
5 Aggravated battery as defined in subdivision (a)(4), 
6(d)(4), or (g)(3) is a Class 2 felony.
7 Aggravated battery as defined in subdivision (a)(3) or 
8(g)(1) is a Class 1 felony.
9 Aggravated battery as defined in subdivision (a)(1) is a 
10Class 1 felony when the aggravated battery was intentional and 
11involved the infliction of torture, as defined in paragraph 
12(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
13of Corrections, as the infliction of or subjection to extreme 
14physical pain, motivated by an intent to increase or prolong 
15the pain, suffering, or agony of the victim. 
16 Aggravated battery as defined in subdivision (a)(1) is a 
17Class 2 felony when the person causes great bodily harm or 
18permanent disability to an individual whom the person knows to 
19be a member of a congregation engaged in prayer or other 
20religious activities at a church, synagogue, mosque, or other 
21building, structure, or place used for religious worship. 
22 Aggravated battery under subdivision (a)(5) is a Class 1 
23felony if:
24  (A) the person used or attempted to use a dangerous 
25 instrument while committing the offense;
26  (B) the person caused great bodily harm or permanent 
 
 
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1 disability or disfigurement to the other person while 
2 committing the offense; or
3  (C) the person has been previously convicted of a 
4 violation of subdivision (a)(5) under the laws of this 
5 State or laws similar to subdivision (a)(5) of any other 
6 state. 
7 Aggravated battery as defined in subdivision (e)(1) is a 
8Class X felony.
9 Aggravated battery as defined in subdivision (a)(2) is a 
10Class X felony for which a person shall be sentenced to a term 
11of imprisonment of a minimum of 6 years and a maximum of 45 
12years.
13 Aggravated battery as defined in subdivision (e)(5) is a 
14Class X felony for which a person shall be sentenced to a term 
15of imprisonment of a minimum of 12 years and a maximum of 45 
16years.
17 Aggravated battery as defined in subdivision (e)(2), 
18(e)(3), or (e)(4) is a Class X felony for which a person shall 
19be sentenced to a term of imprisonment of a minimum of 15 years 
20and a maximum of 60 years.
21 Aggravated battery as defined in subdivision (e)(6), 
22(e)(7), or (e)(8) is a Class X felony for which a person shall 
23be sentenced to a term of imprisonment of a minimum of 20 years 
24and a maximum of 60 years.
25 Aggravated battery as defined in subdivision (b)(1) is a 
26Class X felony, except that:
 
 
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1  (1) if the person committed the offense while armed 
2 with a firearm, 15 years shall be added to the term of 
3 imprisonment imposed by the court;
4  (2) if, during the commission of the offense, the 
5 person personally discharged a firearm, 20 years shall be 
6 added to the term of imprisonment imposed by the court;
7  (3) if, during the commission of the offense, the 
8 person personally discharged a firearm that proximately 
9 caused great bodily harm, permanent disability, permanent 
10 disfigurement, or death to another person, 25 years or up 
11 to a term of natural life shall be added to the term of 
12 imprisonment imposed by the court.
13 (i) Definitions. In this Section:
14 "Building or other structure used to provide shelter" has 
15the meaning ascribed to "shelter" in Section 1 of the Domestic 
16Violence Shelters Act.
17 "Domestic violence" has the meaning ascribed to it in 
18Section 103 of the Illinois Domestic Violence Act of 1986.
19 "Domestic violence shelter" means any building or other 
20structure used to provide shelter or other services to victims 
21or to the dependent children of victims of domestic violence 
22pursuant to the Illinois Domestic Violence Act of 1986 or the 
23Domestic Violence Shelters Act, or any place within 500 feet 
24of such a building or other structure in the case of a person 
25who is going to or from such a building or other structure.
26 "Firearm" has the meaning provided under Section 1.1 of 
 
 
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