98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5761
 
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. Increases various penalties for aggravated battery. Provides that aggravated battery by causing 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 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. Provides that aggravated battery by causing great bodily harm or permanent disability or disfigurement is a Class X (rather than a Class 1) felony when the aggravated battery was intentional and involved the infliction of torture. Increases other penalties for aggravated battery.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5761LRB098 19144 RLC 54296 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 changing 
5Section 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 or 
13 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 or 
20 disfigurement to an individual whom the person knows to be 
21 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 or 
9 disfigurement to an individual 60 years of age or older.
10  (5) Strangles another individual. 
11 (b) Offense based on injury to a child or intellectually 
12disabled person. A person who is at least 18 years of age 
13commits aggravated battery when, in committing a battery, he or 
14she knowingly and without legal justification by any means:
15  (1) causes great bodily harm or permanent disability or 
16 disfigurement to any child under the age of 13 years, or to 
17 any severely or profoundly intellectually disabled person; 
18 or
19  (2) causes bodily harm or disability or disfigurement 
20 to any child under the age of 13 years or to any severely 
21 or profoundly intellectually disabled person. 
22 (c) Offense based on location of conduct. A person commits 
23aggravated battery when, in committing a battery, other than by 
24the discharge of a firearm, he or she is or the person battered 
25is on or about a public way, public property, a public place of 
26accommodation or amusement, a sports venue, or a domestic 
 
 
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1violence shelter.
2 (d) Offense based on status of victim. A person commits 
3aggravated battery when, in committing a battery, other than by 
4discharge of a firearm, he or she knows the individual battered 
5to be any of the following:
6  (1) A person 60 years of age or older.
7  (2) A person who is pregnant or physically handicapped.
8  (3) A teacher or school employee upon school grounds or 
9 grounds adjacent to a school or in any part of a building 
10 used for school purposes.
11  (4) A peace officer, community policing volunteer, 
12 fireman, private security officer, correctional 
13 institution employee, or Department of Human Services 
14 employee supervising or controlling sexually dangerous 
15 persons or sexually violent persons:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (5) A judge, emergency management worker, emergency 
22 medical technician, or utility 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  (6) An officer or employee of the State of Illinois, a 
3 unit of local government, or a school district, while 
4 performing his or her official duties.
5  (7) A transit employee performing his or her official 
6 duties, or a transit passenger.
7  (8) A taxi driver on duty.
8  (9) A merchant who detains the person for an alleged 
9 commission of retail theft under Section 16-26 of this Code 
10 and the person without legal justification by any means 
11 causes bodily harm to the merchant.
12  (10) A person authorized to serve process under Section 
13 2-202 of the Code of Civil Procedure or a special process 
14 server appointed by the circuit court while that individual 
15 is in the performance of his or her duties as a process 
16 server.
17  (11) A nurse while in the performance of his or her 
18 duties as a nurse. 
19 (e) Offense based on use of a firearm. A person commits 
20aggravated battery when, in committing a battery, he or she 
21knowingly does any of the following:
22  (1) Discharges a firearm, other than a machine gun or a 
23 firearm equipped with a silencer, and causes any injury to 
24 another person.
25  (2) Discharges a firearm, other than a machine gun or a 
26 firearm equipped with a silencer, and causes any injury to 
 
 
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1 a person he or she knows to be a peace officer, community 
2 policing volunteer, person summoned by a police officer, 
3 fireman, private security officer, correctional 
4 institution employee, or emergency management worker:
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  (3) Discharges a firearm, other than a machine gun or a 
11 firearm equipped with a silencer, and causes any injury to 
12 a person he or she knows to be an emergency medical 
13 technician employed by a municipality or other 
14 governmental unit:
15   (i) performing his or her official duties;
16   (ii) battered to prevent performance of his or her 
17 official duties; or
18   (iii) battered in retaliation for performing his 
19 or her official duties.
20  (4) Discharges a firearm and causes any injury to a 
21 person he or she knows to be a teacher, a student in a 
22 school, or a school employee, and the teacher, student, or 
23 employee is upon school grounds or grounds adjacent to a 
24 school or in any part of a building used for school 
25 purposes.
26  (5) Discharges a machine gun or a firearm equipped with 
 
 
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1 a silencer, and causes any injury to another person.
2  (6) Discharges a machine gun or a firearm equipped with 
3 a silencer, and causes any injury to a person he or she 
4 knows to be a peace officer, community policing volunteer, 
5 person summoned by a police officer, fireman, private 
6 security officer, correctional institution employee or 
7 emergency management worker:
8   (i) performing his or her official duties;
9   (ii) battered to prevent performance of his or her 
10 official duties; or
11   (iii) battered in retaliation for performing his 
12 or her official duties.
13  (7) Discharges a machine gun or a firearm equipped with 
14 a silencer, and causes any injury to a person he or she 
15 knows to be an emergency medical technician employed by a 
16 municipality or other governmental unit:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (8) Discharges a machine gun or a firearm equipped with 
23 a silencer, and causes any injury to a person he or she 
24 knows to be a teacher, or a student in a school, or a 
25 school employee, and the teacher, student, or employee is 
26 upon school grounds or grounds adjacent to a school or in 
 
 
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1 any part of a building used for school purposes. 
2 (f) Offense based on use of a weapon or device. A person 
3commits aggravated battery when, in committing a battery, he or 
4she does any of the following:
5  (1) Uses a deadly weapon other than by discharge of a 
6 firearm, or uses an air rifle as defined in Section 
7 24.8-0.1 of this Code the Air Rifle
Act.
8  (2) Wears a hood, robe, or mask to conceal his or her 
9 identity.
10  (3) Knowingly and without lawful justification shines 
11 or flashes a laser gunsight or other laser device attached 
12 to a firearm, or used in concert with a firearm, so that 
13 the laser beam strikes upon or against the person of 
14 another.
15  (4) Knowingly video or audio records the offense with 
16 the intent to disseminate the recording. 
17 (g) Offense based on certain conduct. A person commits 
18aggravated battery when, other than by discharge of a firearm, 
19he or she does any of the following:
20  (1) Violates Section 401 of the Illinois Controlled 
21 Substances Act by unlawfully delivering a controlled 
22 substance to another and any user experiences great bodily 
23 harm or permanent disability as a result of the injection, 
24 inhalation, or ingestion of any amount of the controlled 
25 substance.
26  (2) Knowingly administers to an individual or causes 
 
 
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1 him or her to take, without his or her consent or by threat 
2 or deception, and for other than medical purposes, any 
3 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
4 or controlled substance, or gives to another person any 
5 food containing any substance or object intended to cause 
6 physical injury if eaten.
7  (3) Knowingly causes or attempts to cause a 
8 correctional institution employee or Department of Human 
9 Services employee to come into contact with blood, seminal 
10 fluid, urine, or feces by throwing, tossing, or expelling 
11 the fluid or material, and the person is an inmate of a 
12 penal institution or is a sexually dangerous person or 
13 sexually violent person in the custody of the Department of 
14 Human Services.
15 (h) Sentence. Unless otherwise provided, aggravated 
16battery is a Class 3 felony.
17 Aggravated battery as defined in subdivision (a)(4), 
18(d)(4), or (g)(3) is a Class 1 2 felony.
19 Aggravated battery as defined in subdivision (a)(3) or 
20(g)(1) is a Class X 1 felony.
21 Aggravated battery as defined in subdivision (a)(1) is a 
22Class X 1 felony when the aggravated battery was intentional 
23and involved the infliction of torture, as defined in paragraph 
24(14) of subsection (b) of Section 9-1 of this Code, as the 
25infliction of or subjection to extreme physical pain, motivated 
26by an intent to increase or prolong the pain, suffering, or 
 
 
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1agony of the victim. 
2 Aggravated battery under subdivision (a)(5) is a
Class X 1 
3felony if:
4  (A) the person used or attempted to use a dangerous

5 instrument while committing the offense; or
6  (B) the person caused great bodily harm or
permanent 
7 disability or disfigurement to the other
person while 
8 committing the offense; or
9  (C) the person has been previously convicted of a

10 violation of subdivision (a)(5) under the laws of this

11 State or laws similar to subdivision (a)(5) of any other

12 state. 
13 Aggravated battery as defined in subdivision (e)(1) is a 
14Class X felony.
15 Aggravated battery as defined in subdivision (a)(2) is a 
16Class X felony for which a person shall be sentenced to a term 
17of imprisonment of a minimum of 6 years and a maximum of 45 
18years.
19 Aggravated battery as defined in subdivision (e)(5) is a 
20Class X felony for which a person shall be sentenced to a term 
21of imprisonment of a minimum of 12 years and a maximum of 45 
22years.
23 Aggravated battery as defined in subdivision (e)(2), 
24(e)(3), or (e)(4) is a Class X felony for which a person shall 
25be sentenced to a term of imprisonment of a minimum of 15 years 
26and a maximum of 60 years.
 
 
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1 Aggravated battery as defined in subdivision (e)(6), 
2(e)(7), or (e)(8) is a Class X felony for which a person shall 
3be sentenced to a term of imprisonment of a minimum of 20 years 
4and a maximum of 60 years.
5 Aggravated battery as defined in subdivision (b)(1) is a 
6Class X felony for which a person shall be sentenced to a term 
7of imprisonment of a minimum of 20 years and a maximum of 60 
8years, except that:
9  (1) if the person committed the offense while armed 
10 with a firearm, 15 years shall be added to the term of 
11 imprisonment imposed by the court;
12  (2) if, during the commission of the offense, the 
13 person personally discharged a firearm, 20 years shall be 
14 added to the term of imprisonment imposed by the court;
15  (3) if, during the commission of the offense, the 
16 person personally discharged a firearm that proximately 
17 caused great bodily harm, permanent disability, permanent 
18 disfigurement, or death to another person, 25 years or up 
19 to a term of natural life shall be added to the term of 
20 imprisonment imposed by the court.
21 (i) Definitions. For the purposes of this Section:
22 "Building or other structure used to provide shelter" has 
23the meaning ascribed to "shelter" in Section 1 of the Domestic 
24Violence Shelters Act.
25 "Domestic violence" has the meaning ascribed to it in 
26Section 103 of the Illinois Domestic Violence Act of 1986.
 
 
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1 "Domestic violence shelter" means any building or other 
2structure used to provide shelter or other services to victims 
3or to the dependent children of victims of domestic violence 
4pursuant to the Illinois Domestic Violence Act of 1986 or the 
5Domestic Violence Shelters Act, or any place within 500 feet of 
6such a building or other structure in the case of a person who 
7is going to or from such a building or other structure.
8 "Firearm" has the meaning provided under Section 1.1
of the 
9Firearm Owners Identification Card Act, and does
not include an 
10air rifle as defined by Section 24.8-0.1 of this Code. 
11 "Machine gun" has the meaning ascribed to it in Section 
1224-1 of this Code.
13 "Merchant" has the meaning ascribed to it in Section 16-0.1 
14of this Code. 
15 "Strangle" means
intentionally impeding the normal 
16breathing or circulation of the blood of an individual by 
17applying pressure on the throat
or neck of that individual or 
18by blocking the nose or mouth of
that individual. 

19(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. 
201-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, 
21eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised 
229-24-13.)