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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, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 12-2 as follows:
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6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) | |||||||||||||||||||
7 | Sec. 12-2. Aggravated assault. | |||||||||||||||||||
8 | (a) Offense based on location of conduct. A person commits | |||||||||||||||||||
9 | aggravated assault when he or she commits an assault against | |||||||||||||||||||
10 | an individual who is on or about a public way, public property, | |||||||||||||||||||
11 | a public place of accommodation or amusement, or a sports | |||||||||||||||||||
12 | venue, or in a church, synagogue, mosque, or other building, | |||||||||||||||||||
13 | structure, or place used for religious worship. | |||||||||||||||||||
14 | (b) Offense based on status of victim. A person commits | |||||||||||||||||||
15 | aggravated assault when, in committing an assault, he or she | |||||||||||||||||||
16 | knows the individual assaulted to be any of the following: | |||||||||||||||||||
17 | (1) A person with a physical disability or a person 60 | |||||||||||||||||||
18 | years of age or older and the assault is without legal | |||||||||||||||||||
19 | justification. | |||||||||||||||||||
20 | (2) A teacher or school employee upon school grounds | |||||||||||||||||||
21 | or grounds adjacent to a school or in any part of a | |||||||||||||||||||
22 | building used for school purposes. | |||||||||||||||||||
23 | (3) A park district employee upon park grounds or |
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1 | grounds adjacent to a park or in any part of a building | ||||||
2 | used for park purposes. | ||||||
3 | (4) A community policing volunteer, private security | ||||||
4 | officer, or utility worker: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) assaulted to prevent performance of his or | ||||||
7 | her official duties; or | ||||||
8 | (iii) assaulted in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (4.1) A peace officer, fireman, emergency management | ||||||
11 | worker, or emergency medical services personnel: | ||||||
12 | (i) performing his or her official duties; | ||||||
13 | (ii) assaulted to prevent performance of his or | ||||||
14 | her official duties; or | ||||||
15 | (iii) assaulted in retaliation for performing his | ||||||
16 | or her official duties. | ||||||
17 | (5) A correctional officer or probation officer: | ||||||
18 | (i) performing his or her official duties; | ||||||
19 | (ii) assaulted to prevent performance of his or | ||||||
20 | her official duties; or | ||||||
21 | (iii) assaulted in retaliation for performing his | ||||||
22 | or her official duties. | ||||||
23 | (6) A correctional institution employee, a county | ||||||
24 | juvenile detention center employee who provides direct and | ||||||
25 | continuous supervision of residents of a juvenile | ||||||
26 | detention center, including a county juvenile detention |
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1 | center employee who supervises recreational activity for | ||||||
2 | residents of a juvenile detention center, or a Department | ||||||
3 | of Human Services employee, Department of Human Services | ||||||
4 | officer, or employee of a subcontractor of the Department | ||||||
5 | of Human Services supervising or controlling sexually | ||||||
6 | dangerous persons or sexually violent persons: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) assaulted to prevent performance of his or | ||||||
9 | her official duties; or | ||||||
10 | (iii) assaulted in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (7) An employee of the State of Illinois, a municipal | ||||||
13 | corporation therein, or a political subdivision thereof, | ||||||
14 | performing his or her official duties. | ||||||
15 | (8) A transit employee performing his or her official | ||||||
16 | duties, or a transit passenger. | ||||||
17 | (9) A sports official or coach actively participating | ||||||
18 | in any level of athletic competition within a sports | ||||||
19 | venue, on an indoor playing field or outdoor playing | ||||||
20 | field, or within the immediate vicinity of such a facility | ||||||
21 | or field. | ||||||
22 | (10) A person authorized to serve process under | ||||||
23 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
24 | process server appointed by the circuit court, while that | ||||||
25 | individual is in the performance of his or her duties as a | ||||||
26 | process server. |
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1 | (11) A construction worker, maintenance worker, | ||||||
2 | engineer, survey worker, truck driver, material supplier, | ||||||
3 | employee of the State of Illinois or a unit of local | ||||||
4 | government, or any other person while performing any type | ||||||
5 | of work related to a public works project. In this | ||||||
6 | paragraph (11), "public works" has the meaning ascribed to | ||||||
7 | the term in Section 2 of the Prevailing Wage Act. | ||||||
8 | (c) Offense based on use of firearm, device, or motor | ||||||
9 | vehicle. A person commits aggravated assault when, in | ||||||
10 | committing an assault, he or she does any of the following: | ||||||
11 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
12 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
13 | and designed to be substantially similar in appearance to | ||||||
14 | a firearm, other than by discharging a firearm. | ||||||
15 | (2) Discharges a firearm, other than from a motor | ||||||
16 | vehicle. | ||||||
17 | (3) Discharges a firearm from a motor vehicle. | ||||||
18 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
19 | identity. | ||||||
20 | (5) Knowingly and without lawful justification shines | ||||||
21 | or flashes a laser gun sight or other laser device | ||||||
22 | attached to a firearm, or used in concert with a firearm, | ||||||
23 | so that the laser beam strikes near or in the immediate | ||||||
24 | vicinity of any person. | ||||||
25 | (6) Uses a firearm, other than by discharging the | ||||||
26 | firearm, against a peace officer, community policing |
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1 | volunteer, fireman, private security officer, emergency | ||||||
2 | management worker, emergency medical services personnel, | ||||||
3 | employee of a police department, employee of a sheriff's | ||||||
4 | department, or traffic control municipal employee: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) assaulted to prevent performance of his or | ||||||
7 | her official duties; or | ||||||
8 | (iii) assaulted in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (7) Without justification operates a motor vehicle in | ||||||
11 | a manner which places a person, other than a person listed | ||||||
12 | in subdivision (b)(4), in reasonable apprehension of being | ||||||
13 | struck by the moving motor vehicle. | ||||||
14 | (8) Without justification operates a motor vehicle in | ||||||
15 | a manner which places a person listed in subdivision | ||||||
16 | (b)(4), in reasonable apprehension of being struck by the | ||||||
17 | moving motor vehicle. | ||||||
18 | (9) Knowingly video or audio records the offense with | ||||||
19 | the intent to disseminate the recording. | ||||||
20 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
21 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
22 | (b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | ||||||
23 | except that aggravated assault as defined in subdivision | ||||||
24 | (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category | ||||||
25 | II, or Category III weapon is used in the commission of the | ||||||
26 | assault. Aggravated assault as defined in subdivision |
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