Bill Text: IL SB3435 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 construction worker, maintenance worker, engineer, survey worker, truck driver, material supplier, employee of the State of Illinois or a unit of local government, or any other person while performing any type of work related to a public works project. Defines "public works". Provides that a violation is a Class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3435 Detail]

Download: Illinois-2023-SB3435-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3435 Introduced 2/8/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-2 from Ch. 38, par. 12-2
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 construction worker, maintenance worker, engineer, survey worker, truck driver, material supplier, employee of the State of Illinois or a unit of local government, or any other person while performing any type of work related to a public works project. Defines "public works". Provides that a violation is a Class A misdemeanor.
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A BILL FOR
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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 2012 is amended by
changing Section 12-2 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against
an individual who is on or about a public way, public property,
a public place of accommodation or amusement, or a sports
venue, or in a church, synagogue, mosque, or other building,
structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) 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.
(3) A park district employee upon park grounds or

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grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention

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center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports
venue, on an indoor playing field or outdoor playing
field, or within the immediate vicinity of such a facility
or field.
(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.

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(11) A construction worker, maintenance worker,
engineer, survey worker, truck driver, material supplier,
employee of the State of Illinois or a unit of local
government, or any other person while performing any type
of work related to a public works project. In this
paragraph (11), "public works" has the meaning ascribed to
the term in Section 2 of the Prevailing Wage Act.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device
attached 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.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing

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volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's
department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in
a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision
(b)(4), in reasonable apprehension of being struck by the
moving motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
except that aggravated assault as defined in subdivision
(b)(4) and (b)(7) is a Class 4 felony if a Category I, Category
II, or Category III weapon is used in the commission of the
assault. Aggravated assault as defined in subdivision

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