IL
Illinois House Bill HB1430

Illinois 2023-2024 Regular Session

Illinois House Bill HB1430 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1430 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Criminal Code of 2012. Provides that 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 a health care worker (rather than a nurse) while in the performance of his or her duties as a health care worker (rather than a nurse). Provides that "health care worker" has the meaning provided in the Health Care Violence Prevention Act. LRB103 05849 RLC 50869 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1430 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Criminal Code of 2012. Provides that 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 a health care worker (rather than a nurse) while in the performance of his or her duties as a health care worker (rather than a nurse). Provides that "health care worker" has the meaning provided in the Health Care Violence Prevention Act. LRB103 05849 RLC 50869 b LRB103 05849 RLC 50869 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1430 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
44 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
55 Amends the Criminal Code of 2012. Provides that 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 a health care worker (rather than a nurse) while in the performance of his or her duties as a health care worker (rather than a nurse). Provides that "health care worker" has the meaning provided in the Health Care Violence Prevention Act.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 12-3.05 as follows:
1616 6 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
1717 7 Sec. 12-3.05. Aggravated battery.
1818 8 (a) Offense based on injury. A person commits aggravated
1919 9 battery when, in committing a battery, other than by the
2020 10 discharge of a firearm, he or she knowingly does any of the
2121 11 following:
2222 12 (1) Causes great bodily harm or permanent disability
2323 13 or disfigurement.
2424 14 (2) Causes severe and permanent disability, great
2525 15 bodily harm, or disfigurement by means of a caustic or
2626 16 flammable substance, a poisonous gas, a deadly biological
2727 17 or chemical contaminant or agent, a radioactive substance,
2828 18 or a bomb or explosive compound.
2929 19 (3) Causes great bodily harm or permanent disability
3030 20 or disfigurement to an individual whom the person knows to
3131 21 be a peace officer, community policing volunteer, fireman,
3232 22 private security officer, correctional institution
3333 23 employee, or Department of Human Services employee
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1430 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
3939 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
4040 Amends the Criminal Code of 2012. Provides that 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 a health care worker (rather than a nurse) while in the performance of his or her duties as a health care worker (rather than a nurse). Provides that "health care worker" has the meaning provided in the Health Care Violence Prevention Act.
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6868 1 supervising or controlling sexually dangerous persons or
6969 2 sexually violent persons:
7070 3 (i) performing his or her official duties;
7171 4 (ii) battered to prevent performance of his or her
7272 5 official duties; or
7373 6 (iii) battered in retaliation for performing his
7474 7 or her official duties.
7575 8 (4) Causes great bodily harm or permanent disability
7676 9 or disfigurement to an individual 60 years of age or
7777 10 older.
7878 11 (5) Strangles another individual.
7979 12 (b) Offense based on injury to a child or person with an
8080 13 intellectual disability. A person who is at least 18 years of
8181 14 age commits aggravated battery when, in committing a battery,
8282 15 he or she knowingly and without legal justification by any
8383 16 means:
8484 17 (1) causes great bodily harm or permanent disability
8585 18 or disfigurement to any child under the age of 13 years, or
8686 19 to any person with a severe or profound intellectual
8787 20 disability; or
8888 21 (2) causes bodily harm or disability or disfigurement
8989 22 to any child under the age of 13 years or to any person
9090 23 with a severe or profound intellectual disability.
9191 24 (c) Offense based on location of conduct. A person commits
9292 25 aggravated battery when, in committing a battery, other than
9393 26 by the discharge of a firearm, he or she is or the person
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104104 1 battered is on or about a public way, public property, a public
105105 2 place of accommodation or amusement, a sports venue, or a
106106 3 domestic violence shelter, or in a church, synagogue, mosque,
107107 4 or other building, structure, or place used for religious
108108 5 worship.
109109 6 (d) Offense based on status of victim. A person commits
110110 7 aggravated battery when, in committing a battery, other than
111111 8 by discharge of a firearm, he or she knows the individual
112112 9 battered to be any of the following:
113113 10 (1) A person 60 years of age or older.
114114 11 (2) A person who is pregnant or has a physical
115115 12 disability.
116116 13 (3) A teacher or school employee upon school grounds
117117 14 or grounds adjacent to a school or in any part of a
118118 15 building used for school purposes.
119119 16 (4) A peace officer, community policing volunteer,
120120 17 fireman, private security officer, correctional
121121 18 institution employee, or Department of Human Services
122122 19 employee supervising or controlling sexually dangerous
123123 20 persons or sexually violent persons:
124124 21 (i) performing his or her official duties;
125125 22 (ii) battered to prevent performance of his or her
126126 23 official duties; or
127127 24 (iii) battered in retaliation for performing his
128128 25 or her official duties.
129129 26 (5) A judge, emergency management worker, emergency
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140140 1 medical services personnel, or utility worker:
141141 2 (i) performing his or her official duties;
142142 3 (ii) battered to prevent performance of his or her
143143 4 official duties; or
144144 5 (iii) battered in retaliation for performing his
145145 6 or her official duties.
146146 7 (6) An officer or employee of the State of Illinois, a
147147 8 unit of local government, or a school district, while
148148 9 performing his or her official duties.
149149 10 (7) A transit employee performing his or her official
150150 11 duties, or a transit passenger.
151151 12 (8) A taxi driver on duty.
152152 13 (9) A merchant who detains the person for an alleged
153153 14 commission of retail theft under Section 16-26 of this
154154 15 Code and the person without legal justification by any
155155 16 means causes bodily harm to the merchant.
156156 17 (10) A person authorized to serve process under
157157 18 Section 2-202 of the Code of Civil Procedure or a special
158158 19 process server appointed by the circuit court while that
159159 20 individual is in the performance of his or her duties as a
160160 21 process server.
161161 22 (11) A health care worker nurse while in the
162162 23 performance of his or her duties as a health care worker
163163 24 nurse.
164164 25 (12) A merchant: (i) while performing his or her
165165 26 duties, including, but not limited to, relaying directions
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176176 1 for healthcare or safety from his or her supervisor or
177177 2 employer or relaying health or safety guidelines,
178178 3 recommendations, regulations, or rules from a federal,
179179 4 State, or local public health agency; and (ii) during a
180180 5 disaster declared by the Governor, or a state of emergency
181181 6 declared by the mayor of the municipality in which the
182182 7 merchant is located, due to a public health emergency and
183183 8 for a period of 6 months after such declaration.
184184 9 (e) Offense based on use of a firearm. A person commits
185185 10 aggravated battery when, in committing a battery, he or she
186186 11 knowingly does any of the following:
187187 12 (1) Discharges a firearm, other than a machine gun or
188188 13 a firearm equipped with a silencer, and causes any injury
189189 14 to another person.
190190 15 (2) Discharges a firearm, other than a machine gun or
191191 16 a firearm equipped with a silencer, and causes any injury
192192 17 to a person he or she knows to be a peace officer,
193193 18 community policing volunteer, person summoned by a police
194194 19 officer, fireman, private security officer, correctional
195195 20 institution employee, or emergency management worker:
196196 21 (i) performing his or her official duties;
197197 22 (ii) battered to prevent performance of his or her
198198 23 official duties; or
199199 24 (iii) battered in retaliation for performing his
200200 25 or her official duties.
201201 26 (3) Discharges a firearm, other than a machine gun or
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212212 1 a firearm equipped with a silencer, and causes any injury
213213 2 to a person he or she knows to be emergency medical
214214 3 services personnel:
215215 4 (i) performing his or her official duties;
216216 5 (ii) battered to prevent performance of his or her
217217 6 official duties; or
218218 7 (iii) battered in retaliation for performing his
219219 8 or her official duties.
220220 9 (4) Discharges a firearm and causes any injury to a
221221 10 person he or she knows to be a teacher, a student in a
222222 11 school, or a school employee, and the teacher, student, or
223223 12 employee is upon school grounds or grounds adjacent to a
224224 13 school or in any part of a building used for school
225225 14 purposes.
226226 15 (5) Discharges a machine gun or a firearm equipped
227227 16 with a silencer, and causes any injury to another person.
228228 17 (6) Discharges a machine gun or a firearm equipped
229229 18 with a silencer, and causes any injury to a person he or
230230 19 she knows to be a peace officer, community policing
231231 20 volunteer, person summoned by a police officer, fireman,
232232 21 private security officer, correctional institution
233233 22 employee or emergency management worker:
234234 23 (i) performing his or her official duties;
235235 24 (ii) battered to prevent performance of his or her
236236 25 official duties; or
237237 26 (iii) battered in retaliation for performing his
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248248 1 or her official duties.
249249 2 (7) Discharges a machine gun or a firearm equipped
250250 3 with a silencer, and causes any injury to a person he or
251251 4 she knows to be emergency medical services personnel:
252252 5 (i) performing his or her official duties;
253253 6 (ii) battered to prevent performance of his or her
254254 7 official duties; or
255255 8 (iii) battered in retaliation for performing his
256256 9 or her official duties.
257257 10 (8) Discharges a machine gun or a firearm equipped
258258 11 with a silencer, and causes any injury to a person he or
259259 12 she knows to be a teacher, or a student in a school, or a
260260 13 school employee, and the teacher, student, or employee is
261261 14 upon school grounds or grounds adjacent to a school or in
262262 15 any part of a building used for school purposes.
263263 16 (f) Offense based on use of a weapon or device. A person
264264 17 commits aggravated battery when, in committing a battery, he
265265 18 or she does any of the following:
266266 19 (1) Uses a deadly weapon other than by discharge of a
267267 20 firearm, or uses an air rifle as defined in Section
268268 21 24.8-0.1 of this Code.
269269 22 (2) Wears a hood, robe, or mask to conceal his or her
270270 23 identity.
271271 24 (3) Knowingly and without lawful justification shines
272272 25 or flashes a laser gunsight or other laser device attached
273273 26 to a firearm, or used in concert with a firearm, so that
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284284 1 the laser beam strikes upon or against the person of
285285 2 another.
286286 3 (4) Knowingly video or audio records the offense with
287287 4 the intent to disseminate the recording.
288288 5 (g) Offense based on certain conduct. A person commits
289289 6 aggravated battery when, other than by discharge of a firearm,
290290 7 he or she does any of the following:
291291 8 (1) Violates Section 401 of the Illinois Controlled
292292 9 Substances Act by unlawfully delivering a controlled
293293 10 substance to another and any user experiences great bodily
294294 11 harm or permanent disability as a result of the injection,
295295 12 inhalation, or ingestion of any amount of the controlled
296296 13 substance.
297297 14 (2) Knowingly administers to an individual or causes
298298 15 him or her to take, without his or her consent or by threat
299299 16 or deception, and for other than medical purposes, any
300300 17 intoxicating, poisonous, stupefying, narcotic,
301301 18 anesthetic, or controlled substance, or gives to another
302302 19 person any food containing any substance or object
303303 20 intended to cause physical injury if eaten.
304304 21 (3) Knowingly causes or attempts to cause a
305305 22 correctional institution employee or Department of Human
306306 23 Services employee to come into contact with blood, seminal
307307 24 fluid, urine, or feces by throwing, tossing, or expelling
308308 25 the fluid or material, and the person is an inmate of a
309309 26 penal institution or is a sexually dangerous person or
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320320 1 sexually violent person in the custody of the Department
321321 2 of Human Services.
322322 3 (h) Sentence. Unless otherwise provided, aggravated
323323 4 battery is a Class 3 felony.
324324 5 Aggravated battery as defined in subdivision (a)(4),
325325 6 (d)(4), or (g)(3) is a Class 2 felony.
326326 7 Aggravated battery as defined in subdivision (a)(3) or
327327 8 (g)(1) is a Class 1 felony.
328328 9 Aggravated battery as defined in subdivision (a)(1) is a
329329 10 Class 1 felony when the aggravated battery was intentional and
330330 11 involved the infliction of torture, as defined in paragraph
331331 12 (14) of subsection (b) of Section 9-1 of this Code, as the
332332 13 infliction of or subjection to extreme physical pain,
333333 14 motivated by an intent to increase or prolong the pain,
334334 15 suffering, or agony of the victim.
335335 16 Aggravated battery as defined in subdivision (a)(1) is a
336336 17 Class 2 felony when the person causes great bodily harm or
337337 18 permanent disability to an individual whom the person knows to
338338 19 be a member of a congregation engaged in prayer or other
339339 20 religious activities at a church, synagogue, mosque, or other
340340 21 building, structure, or place used for religious worship.
341341 22 Aggravated battery under subdivision (a)(5) is a Class 1
342342 23 felony if:
343343 24 (A) the person used or attempted to use a dangerous
344344 25 instrument while committing the offense;
345345 26 (B) the person caused great bodily harm or permanent
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356356 1 disability or disfigurement to the other person while
357357 2 committing the offense; or
358358 3 (C) the person has been previously convicted of a
359359 4 violation of subdivision (a)(5) under the laws of this
360360 5 State or laws similar to subdivision (a)(5) of any other
361361 6 state.
362362 7 Aggravated battery as defined in subdivision (e)(1) is a
363363 8 Class X felony.
364364 9 Aggravated battery as defined in subdivision (a)(2) is a
365365 10 Class X felony for which a person shall be sentenced to a term
366366 11 of imprisonment of a minimum of 6 years and a maximum of 45
367367 12 years.
368368 13 Aggravated battery as defined in subdivision (e)(5) is a
369369 14 Class X felony for which a person shall be sentenced to a term
370370 15 of imprisonment of a minimum of 12 years and a maximum of 45
371371 16 years.
372372 17 Aggravated battery as defined in subdivision (e)(2),
373373 18 (e)(3), or (e)(4) is a Class X felony for which a person shall
374374 19 be sentenced to a term of imprisonment of a minimum of 15 years
375375 20 and a maximum of 60 years.
376376 21 Aggravated battery as defined in subdivision (e)(6),
377377 22 (e)(7), or (e)(8) is a Class X felony for which a person shall
378378 23 be sentenced to a term of imprisonment of a minimum of 20 years
379379 24 and a maximum of 60 years.
380380 25 Aggravated battery as defined in subdivision (b)(1) is a
381381 26 Class X felony, except that:
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392392 1 (1) if the person committed the offense while armed
393393 2 with a firearm, 15 years shall be added to the term of
394394 3 imprisonment imposed by the court;
395395 4 (2) if, during the commission of the offense, the
396396 5 person personally discharged a firearm, 20 years shall be
397397 6 added to the term of imprisonment imposed by the court;
398398 7 (3) if, during the commission of the offense, the
399399 8 person personally discharged a firearm that proximately
400400 9 caused great bodily harm, permanent disability, permanent
401401 10 disfigurement, or death to another person, 25 years or up
402402 11 to a term of natural life shall be added to the term of
403403 12 imprisonment imposed by the court.
404404 13 (i) Definitions. In this Section:
405405 14 "Building or other structure used to provide shelter" has
406406 15 the meaning ascribed to "shelter" in Section 1 of the Domestic
407407 16 Violence Shelters Act.
408408 17 "Domestic violence" has the meaning ascribed to it in
409409 18 Section 103 of the Illinois Domestic Violence Act of 1986.
410410 19 "Domestic violence shelter" means any building or other
411411 20 structure used to provide shelter or other services to victims
412412 21 or to the dependent children of victims of domestic violence
413413 22 pursuant to the Illinois Domestic Violence Act of 1986 or the
414414 23 Domestic Violence Shelters Act, or any place within 500 feet
415415 24 of such a building or other structure in the case of a person
416416 25 who is going to or from such a building or other structure.
417417 26 "Firearm" has the meaning provided under Section 1.1 of
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428428 1 the Firearm Owners Identification Card Act, and does not
429429 2 include an air rifle as defined by Section 24.8-0.1 of this
430430 3 Code.
431431 4 "Health care worker" has the meaning ascribed to it in
432432 5 Section 5 of the Health Care Violence Prevention Act.
433433 6 "Machine gun" has the meaning ascribed to it in Section
434434 7 24-1 of this Code.
435435 8 "Merchant" has the meaning ascribed to it in Section
436436 9 16-0.1 of this Code.
437437 10 "Strangle" means intentionally impeding the normal
438438 11 breathing or circulation of the blood of an individual by
439439 12 applying pressure on the throat or neck of that individual or
440440 13 by blocking the nose or mouth of that individual.
441441 14 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
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