Rep. Frances Ann Hurley
Filed: 4/2/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4092 




2 AMENDMENT NO. ______. Amend House Bill 4092 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 12-2 as follows:




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 
9aggravated assault when he or she commits an assault against an 
10individual who is on or about a public way, public property, a 
11public place of accommodation or amusement, or a sports venue.
12 (b) Offense based on status of victim. A person commits 
13aggravated assault when, in committing an assault, he or she 
14knows the individual assaulted to be any of the following:
15  (1) A physically handicapped person or a person 60 
16 years of age or older and the assault is without legal 
 
 
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1 justification.
2  (2) A teacher or school employee upon school grounds or 
3 grounds adjacent to a school or in any part of a building 
4 used for school purposes.
5  (3) A park district employee upon park grounds or 
6 grounds adjacent to a park or in any part of a building 
7 used for park purposes.
8  (4) A peace officer, community policing volunteer, 
9 fireman, or private security officer, emergency management 
10 worker, emergency medical technician, or utility worker:
11   (i) performing his or her official duties;
12   (ii) assaulted to prevent performance of his or her 
13 official duties; or
14   (iii) assaulted in retaliation for performing his 
15 or her official duties.
16  (4.5) A community policing volunteer, private security 
17 officer, emergency management worker, or utility worker: 
18   (i) performing his or her official duties; 
19   (ii) assaulted to prevent performance of his or her 
20 official duties; or
21   (iii) assaulted in retaliation for performing his 
22 or her official duties. 
23  (5) A correctional officer or probation officer:
24   (i) performing his or her official duties;
25   (ii) assaulted to prevent performance of his or her 
26 official duties; or
 
 
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1   (iii) assaulted in retaliation for performing his 
2 or her official duties.
3  (6) A correctional institution employee, a county 
4 juvenile detention center employee who provides direct and 
5 continuous supervision of residents of a juvenile 
6 detention center, including a county juvenile detention 
7 center employee who supervises recreational activity for 
8 residents of a juvenile detention center, or a Department 
9 of Human Services employee, Department of Human Services 
10 officer, or employee of a subcontractor of the Department 
11 of Human Services supervising or controlling sexually 
12 dangerous persons or sexually violent persons:
13   (i) performing his or her official duties;
14   (ii) assaulted to prevent performance of his or her 
15 official duties; or
16   (iii) assaulted in retaliation for performing his 
17 or her official duties.
18  (7) An employee of the State of Illinois, a municipal 
19 corporation therein, or a political subdivision thereof, 
20 performing his or her official duties.
21  (8) A transit employee performing his or her official 
22 duties, or a transit passenger.
23  (9) A sports official or coach actively participating 
24 in any level of athletic competition within a sports venue, 
25 on an indoor playing field or outdoor playing field, or 
26 within the immediate vicinity of such a facility or field.
 
 
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1  (10) A person authorized to serve process under Section 
2 2-202 of the Code of Civil Procedure or a special process 
3 server appointed by the circuit court, while that 
4 individual is in the performance of his or her duties as a 
5 process server. 
6 (c) Offense based on use of firearm, device, or motor 
7vehicle. A person commits aggravated assault when, in 
8committing an assault, he or she does any of the following:
9  (1) Uses a deadly weapon, an air rifle as defined in 
10 the Air Rifle Act, or any device manufactured and designed 
11 to be substantially similar in appearance to a firearm, 
12 other than by discharging a firearm.
13  (2) Discharges a firearm, other than from a motor 
14 vehicle.
15  (3) Discharges a firearm from a motor vehicle.
16  (4) Wears a hood, robe, or mask to conceal his or her 
17 identity.
18  (5) Knowingly and without lawful justification shines 
19 or flashes a laser gun sight or other laser device attached 
20 to a firearm, or used in concert with a firearm, so that 
21 the laser beam strikes near or in the immediate vicinity of 
22 any person.
23  (6) Uses a firearm, other than by discharging the 
24 firearm, against a peace officer, community policing 
25 volunteer, fireman, private security officer, emergency 
26 management worker, emergency medical technician, employee 
 
 
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1 of a police department, employee of a sheriff's department, 
2 or traffic control municipal employee:
3   (i) performing his or her official duties;
4   (ii) assaulted to prevent performance of his or her 
5 official duties; or
6   (iii) assaulted in retaliation for performing his 
7 or her official duties. 
8  (7) Without justification operates a motor vehicle in a 
9 manner which places a person, other than a person listed in 
10 subdivision (b)(4), in reasonable apprehension of being 
11 struck by the moving motor vehicle.
12  (8) Without justification operates a motor vehicle in a 
13 manner which places a person listed in subdivision (b)(4), 
14 in reasonable apprehension of being struck by the moving 
15 motor vehicle. 
16  (9) Knowingly video or audio records the offense with 
17 the intent to disseminate the recording. 
18 (d) Sentence. Aggravated assault as defined in subdivision 
19(a), (b)(1), (b)(2), (b)(3), (b)(4.5), (b)(4), (b)(7), (b)(8), 
20(b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, 
21except that aggravated assault as defined in subdivision 
22(b)(4.5) (b)(4) and (b)(7) is a Class 4 felony if a Category I, 
23Category II, or Category III weapon is used in the commission 
24of the assault. Aggravated assault as defined in subdivision 
25(b)(4), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or 
26(c)(7) is a Class 4 felony. Aggravated assault as defined in 
 
 
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1subdivision (c)(3) or (c)(8) is a Class 3 felony.
2 (e) For the purposes of this Section, "Category I weapon", 
3"Category II weapon, and "Category III weapon" have the 
4meanings ascribed to those terms in Section 33A-1 of this Code. 

5(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 
697-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 
71-1-14.)".