Public Act 098-0369

HB0801 Enrolled LRB098 03646 RLC 33662 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 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)

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 older.

(5) Strangles another individual.

(b) Offense based on injury to a child or intellectually

disabled person. 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 severely or profoundly intellectually disabled person;

or

(2) causes bodily harm or disability or disfigurement

to any child under the age of 13 years or to any severely

or profoundly intellectually disabled person.

(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.

(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:

(1) A person 60 years of age or older.

(2) A person who is pregnant or physically handicapped.

(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 technician, 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.

(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.

(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 an emergency medical

technician employed by a municipality or other

governmental unit:

(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 with

a silencer, and causes any injury to a person he or she

knows to be an emergency medical technician employed by a

municipality or other governmental unit:

(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 the Air Rifle

Act.

(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.

(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.

(h) Sentence. Unless otherwise provided, aggravated

battery is a Class 3 felony.

Aggravated battery as defined in subdivision (a)(4),

(d)(4), 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 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; or

(B) the person caused great bodily harm or permanent

disability or disfigurement to the other person while

committing the offense; or

(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

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. For the purposes of 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 1 of the Air Rifle Act.

"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. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;

96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.

1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,

and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)