Illinois 2023-2024 Regular Session

Illinois House Bill HB3545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3545 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 225 ILCS 46/25 225 ILCS 46/27225 ILCS 46/28720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony. LRB103 27569 AMQ 53945 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3545 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 225 ILCS 46/25 225 ILCS 46/27225 ILCS 46/28720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 225 ILCS 46/25 225 ILCS 46/27 225 ILCS 46/28 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony. LRB103 27569 AMQ 53945 b LRB103 27569 AMQ 53945 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3545 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 46/25 225 ILCS 46/27225 ILCS 46/28720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 225 ILCS 46/25 225 ILCS 46/27 225 ILCS 46/28 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
4	4	225 ILCS 46/25
5	5	225 ILCS 46/27
6	6	225 ILCS 46/28
7	7	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
8	8	Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.
9	9	LRB103 27569 AMQ 53945 b LRB103 27569 AMQ 53945 b
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13	13	HB3545 LRB103 27569 AMQ 53945 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Health Care Worker Background Check Act is
18	18	5 amended by changing Sections 25, 27, and 28 as follows:
19	19	6 (225 ILCS 46/25)
20	20	7 Sec. 25. Hiring of people with criminal records by health
21	21	8 care employers and long-term care facilities.
22	22	9 (a) A health care employer or long-term care facility may
23	23	10 hire, employ, or retain any individual in a position involving
24	24	11 direct care for clients, patients, or residents, or access to
25	25	12 the living quarters or the financial, medical, or personal
26	26	13 records of clients, patients, or residents who has been
27	27	14 convicted of committing or attempting to commit one or more of
28	28	15 the following offenses, or any individual who fails to report
29	29	16 to the Department any such individual who committed a
30	30	17 violation described in this subsection, only with a waiver
31	31	18 described in Section 40: those defined in Sections 8-1(b),
32	32	19 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
33	33	20 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7,
34	34	21 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
35	35	22 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B,
36	36	23 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4,
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3545 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
41	41	225 ILCS 46/25 225 ILCS 46/27225 ILCS 46/28720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 225 ILCS 46/25 225 ILCS 46/27 225 ILCS 46/28 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
42	42	225 ILCS 46/25
43	43	225 ILCS 46/27
44	44	225 ILCS 46/28
45	45	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
46	46	Amends the Health Care Worker Background Check Act. Prohibits persons who fail to report to the Department of Public Health individuals who commit certain violations from being involved in direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents unless they have been issued a waiver under the Act. Provides that reports of violations shall be made no later than 5 days after the incident constituting the violation. Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when the person battered, other than by the discharge of a firearm, is known to be a patient at a Department of Human Services facility and the person who commits the battery is an employee of the Department of Human Services; and a recipient at a community-integrated living arrangement, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, who is battered by an employee of the community-integrated living arrangement. Provides that the offense is a Class 2 felony.
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49	49	A BILL FOR
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55	55	225 ILCS 46/25
56	56	225 ILCS 46/27
57	57	225 ILCS 46/28
58	58	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
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77	77	1 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
78	78	2 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
79	79	3 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5, 12C-10,
80	80	4 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3,
81	81	5 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
82	82	6 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
83	83	7 (a)(4) of Section 11-14.4, or in subsection (a) of Section
84	84	8 12-3 or subsection (a) or (b) of Section 12-4.4a, of the
85	85	9 Criminal Code of 1961 or the Criminal Code of 2012; those
86	86	10 provided in Section 4 of the Wrongs to Children Act; those
87	87	11 provided in Section 53 of the Criminal Jurisprudence Act;
88	88	12 those defined in subsection (c), (d), (e), (f), or (g) of
89	89	13 Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
90	90	14 Act; those defined in the Methamphetamine Control and
91	91	15 Community Protection Act; those defined in Sections 401,
92	92	16 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
93	93	17 Controlled Substances Act; or those defined in subsection (a)
94	94	18 of Section 3.01, Section 3.02, or Section 3.03 of the Humane
95	95	19 Care for Animals Act.
96	96	20 (a-1) A health care employer or long-term care facility
97	97	21 may hire, employ, or retain any individual in a position
98	98	22 involving direct care for clients, patients, or residents, or
99	99	23 access to the living quarters or the financial, medical, or
100	100	24 personal records of clients, patients, or residents who has
101	101	25 been convicted of committing or attempting to commit one or
102	102	26 more of the following offenses, or any individual who fails to
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113	113	1 report to the Department any such individual who committed a
114	114	2 violation described in this subsection, only with a waiver
115	115	3 described in Section 40: those offenses defined in Section
116	116	4 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34,
117	117	5 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2,
118	118	6 or 24-3.3, or subsection (b) of Section 17-32, subsection (b)
119	119	7 of Section 18-1, or subsection (b) of Section 20-1, of the
120	120	8 Criminal Code of 1961 or the Criminal Code of 2012; those
121	121	9 offenses defined in Section 4, 5, 6, 8, or 17.02 of the
122	122	10 Illinois Credit Card and Debit Card Act; those offenses
123	123	11 defined in or Section 11-9.1A of the Criminal Code of 1961 or
124	124	12 the Criminal Code of 2012 or Section 5.1 of the Wrongs to
125	125	13 Children Act; or those offenses defined in (ii) violated
126	126	14 Section 50-50 of the Nurse Practice Act.
127	127	15 A health care employer is not required to retain an
128	128	16 individual in a position with duties involving direct care for
129	129	17 clients, patients, or residents, and no long-term care
130	130	18 facility is required to retain an individual in a position
131	131	19 with duties that involve or may involve contact with residents
132	132	20 or access to the living quarters or the financial, medical, or
133	133	21 personal records of residents, who has been convicted of
134	134	22 committing or attempting to commit one or more of the offenses
135	135	23 enumerated in this subsection.
136	136	24 (b) A health care employer shall not hire, employ, or
137	137	25 retain, whether paid or on a volunteer basis, any individual
138	138	26 in a position with duties involving direct care of clients,
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149	149	1 patients, or residents, and no long-term care facility shall
150	150	2 knowingly hire, employ, or retain, whether paid or on a
151	151	3 volunteer basis, any individual in a position with duties that
152	152	4 involve or may involve contact with residents or access to the
153	153	5 living quarters or the financial, medical, or personal records
154	154	6 of residents, if the health care employer becomes aware that
155	155	7 the individual: (i) has been convicted in another state of
156	156	8 committing or attempting to commit an offense that has the
157	157	9 same or similar elements as an offense listed in subsection
158	158	10 (a) or (a-1), as verified by court records, records from a
159	159	11 state agency, or an FBI criminal history record check; or (ii)
160	160	12 has failed to report to the Department any such individual who
161	161	13 committed in another state an offense listed in subsection (a)
162	162	14 or (a-1), unless the applicant or employee obtains a waiver
163	163	15 pursuant to Section 40 of this Act. This shall not be construed
164	164	16 to mean that a health care employer has an obligation to
165	165	17 conduct a criminal history records check in other states in
166	166	18 which an employee has resided.
167	167	19 (c) A health care employer shall not hire, employ, or
168	168	20 retain, whether paid or on a volunteer basis, any individual
169	169	21 in a position with duties involving direct care of clients,
170	170	22 patients, or residents, who has a finding by the Department of
171	171	23 abuse, neglect, misappropriation of property, or theft denoted
172	172	24 on the Health Care Worker Registry, or a finding by the
173	173	25 Department denoted on the Health Care Worker Registry of
174	174	26 failure to report neglect, misappropriation of property, or
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185	185	1 theft to the Department.
186	186	2 (d) A health care employer shall not hire, employ, or
187	187	3 retain, whether paid or on a volunteer basis, any individual
188	188	4 in a position with duties involving direct care of clients,
189	189	5 patients, or residents if the individual has a verified and
190	190	6 substantiated finding of abuse, neglect, or financial
191	191	7 exploitation, as identified within the Adult Protective
192	192	8 Service Registry established under Section 7.5 of the Adult
193	193	9 Protective Services Act, or any individual who fails to report
194	194	10 to the Department any such individual who committed abuse,
195	195	11 neglect, or financial exploitation.
196	196	12 (e) A health care employer shall not hire, employ, or
197	197	13 retain, whether paid or on a volunteer basis, any individual
198	198	14 in a position with duties involving direct care of clients,
199	199	15 patients, or residents who has a finding by the Department of
200	200	16 Human Services of physical or sexual abuse, financial
201	201	17 exploitation, or egregious neglect of an individual denoted on
202	202	18 the Health Care Worker Registry, or any individual who fails
203	203	19 to report to the Department any such individual who committed
204	204	20 the physical or sexual abuse, financial exploitation, or
205	205	21 egregious neglect.
206	206	22 (f) Reports of violations required under this Section
207	207	23 shall be made no later than 5 days after the incident
208	208	24 constituting the violation.
209	209	25 (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
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220	220	1 (225 ILCS 46/27)
221	221	2 Sec. 27. Notice and hearing prior to designation on Health
222	222	3 Care Worker Registry for offense.
223	223	4 (a) If the Department finds that an employee or former
224	224	5 employee has abused or neglected a resident or misappropriated
225	225	6 property of a resident, then the Department shall notify the
226	226	7 employee or individual of this finding by certified mail sent
227	227	8 to the address contained in the Health Care Worker Registry.
228	228	9 The notice shall give the employee or individual an
229	229	10 opportunity to contest the finding in a hearing before the
230	230	11 Department or to submit a written response to the findings in
231	231	12 lieu of requesting a hearing. As used in this subsection,
232	232	13 "abuse" and "neglect" shall have the meanings provided in the
233	233	14 Nursing Home Care Act, except that: (1) the term "resident" as
234	234	15 used in those definitions shall have the meaning provided in
235	235	16 this Act; and (ii) "abuse" and "neglect" shall include the
236	236	17 failure to report any abuse, neglect, or misappropriation of a
237	237	18 resident's property to the Department. As used in this
238	238	19 subsection, "misappropriate property of a resident" shall have
239	239	20 the meaning provided to "misappropriation of a resident's
240	240	21 property" in the Nursing Home Care Act, except that the term
241	241	22 "resident" as used in that definition shall have the meaning
242	242	23 provided in this Act.
243	243	24 (b) The Department shall have the authority to hold
244	244	25 hearings to be conducted by the Director, or by an individual
245	245	26 designated by the Director as hearing officer to conduct the
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256	256	1 hearing. On the basis of a hearing, or upon default of the
257	257	2 employee, the Director shall make a determination specifying
258	258	3 his or her findings and conclusions. A copy of the
259	259	4 determination shall be sent by certified mail, return receipt
260	260	5 requested, or served personally upon the employee to the
261	261	6 address last provided by the employee to the Department.
262	262	7 (c) The procedure governing hearings authorized by this
263	263	8 Section shall be in accordance with rules adopted by the
264	264	9 Department. A full and complete record shall be kept of all
265	265	10 proceedings, including the notice of hearing, and all other
266	266	11 documents in the nature of pleadings, written motions filed in
267	267	12 the proceedings, and the report and orders of the Director or
268	268	13 the Director's designee. All testimony shall be reported but
269	269	14 need not be transcribed unless the decision is sought to be
270	270	15 reviewed under the Administrative Review Law. A copy or copies
271	271	16 of the transcript and record of the proceedings may be
272	272	17 obtained by any interested party subsequent to payment to the
273	273	18 Department of the cost of preparing the copy or copies. All
274	274	19 final administrative decisions of the Department under this
275	275	20 Act are subject to judicial review under the Administrative
276	276	21 Review Law and the rules adopted pursuant thereto. For
277	277	22 purposes of this subsection, "administrative decision" has the
278	278	23 meaning provided in Section 3-101 of the Code of Civil
279	279	24 Procedure.
280	280	25 (d) The Department may issue subpoenas requiring the
281	281	26 attendance and the giving of testimony by witnesses, and
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292	292	1 subpoenas duces tecum requiring the production of books,
293	293	2 papers, records, or memoranda. All subpoenas and subpoenas
294	294	3 duces tecum issued under this Act may be served by mail or by
295	295	4 any person of legal age. The fees of witnesses for attendance
296	296	5 and travel shall be the same as the fees of witnesses before
297	297	6 the courts of this State. The fees shall be paid when the
298	298	7 witness is excused from further attendance. When the witness
299	299	8 is subpoenaed at the instance of the Department, the fees
300	300	9 shall be paid in the same manner as other expenses of the
301	301	10 Department, and when the witness is subpoenaed at the instance
302	302	11 of any other party to any such proceeding, the Department may
303	303	12 require that the cost of service of the subpoena or subpoena
304	304	13 duces tecum and the fee of the witness be borne by the party at
305	305	14 whose instance the witness is summoned. A subpoena or subpoena
306	306	15 duces tecum issued pursuant to this Section shall be served in
307	307	16 the same manner as a subpoena issued by a circuit court.
308	308	17 (e) If, after a hearing or if the employee, or former
309	309	18 employee, does not request a hearing, the Department finds
310	310	19 that the employee, or former employee, abused a resident,
311	311	20 neglected a resident, or misappropriated resident property, or
312	312	21 failed to report any abuse, neglect, or misappropriation to
313	313	22 the Department or makes any other applicable finding as set
314	314	23 forth by rule, the finding shall be included as part of the
315	315	24 Health Care Worker Registry as well as a clear and accurate
316	316	25 summary from the employee, if he or she chooses to make a
317	317	26 statement.
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328	328	1 (f) The Department shall make the following information in
329	329	2 the Health Care Worker Registry available to the public: an
330	330	3 individual's full name; the date an individual successfully
331	331	4 completed a nurse aide training or competency evaluation; and
332	332	5 whether the Department has made a finding that an employee, or
333	333	6 former employee, has been guilty of abuse or neglect of a
334	334	7 resident or misappropriation of resident property or failure
335	335	8 to report any abuse, neglect, or misappropriation of resident
336	336	9 property to the Department or has made any other applicable
337	337	10 finding as set forth by rule. In the case of inquiries to the
338	338	11 Health Care Worker Registry concerning an employee, or former
339	339	12 employee, listed in the Health Care Worker Registry, any
340	340	13 information disclosed concerning a finding shall also include
341	341	14 disclosure of the employee's, or former employee's, statement
342	342	15 in the Health Care Worker Registry relating to the finding or a
343	343	16 clear and accurate summary of the statement.
344	344	17 (g) The Department shall add to the Health Care Worker
345	345	18 Registry records of findings as reported by the Inspector
346	346	19 General or remove from the Health Care Worker Registry records
347	347	20 of findings as reported by the Department of Human Services,
348	348	21 under subsection (s) of Section 1-17 of the Department of
349	349	22 Human Services Act.
350	350	23 (h) Reports of violations required under this Section
351	351	24 shall be made no later than 5 days after the incident
352	352	25 constituting the violation.
353	353	26 (Source: P.A. 100-432, eff. 8-25-17.)
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364	364	1 (225 ILCS 46/28)
365	365	2 Sec. 28. Designation on Registry for offense.
366	366	3 (a) The Department, after notice to the employee, or
367	367	4 former employee, may denote on the Health Care Worker Registry
368	368	5 that the Department has found any of the following:
369	369	6 (1) The employee, or former employee, has abused a
370	370	7 resident.
371	371	8 (2) The employee, or former employee, has neglected a
372	372	9 resident.
373	373	10 (3) The employee, or former employee, has
374	374	11 misappropriated resident property.
375	375	12 (3.5) The employee, or former employee, failed to
376	376	13 report abuse of a resident, neglect of a resident, or
377	377	14 misappropriation of resident property by another employee
378	378	15 or former employee to the Department.
379	379	16 (4) The employee, or former employee, has been
380	380	17 convicted of (i) a felony; (ii) a misdemeanor, an
381	381	18 essential element of which is dishonesty; or (iii) any
382	382	19 crime that is directly related to the duties of an
383	383	20 employee, a nursing assistant, habilitation aide, or child
384	384	21 care aide.
385	385	22 (b) Notice under this Section shall include a clear and
386	386	23 concise statement of the grounds denoting abuse, neglect,
387	387	24 theft, or other applicable finding, and notice of the
388	388	25 opportunity for a hearing to contest the designation.
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399	399	1 (c) The Department shall document criminal history records
400	400	2 check results pursuant to the requirements of this Act.
401	401	3 (d) After the designation of neglect on the Health Care
402	402	4 Worker Registry, made pursuant to this Section, an employee,
403	403	5 or former employee, may petition the Department for removal of
404	404	6 a designation of neglect on the Health Care Worker Registry,
405	405	7 after durations set forth within the Department's notice made
406	406	8 pursuant to subsections (a) and (b) of this Section. Upon
407	407	9 receipt of a petition, the Department may remove the
408	408	10 designation for a finding of neglect after no less than one
409	409	11 year, or the designation of applicable findings set forth by
410	410	12 rule of an employee, or former employee, for minimum durations
411	411	13 set forth by the Department, on the Health Care Worker
412	412	14 Registry unless the Department determines that removal of
413	413	15 designation is not in the public interest. The Department
414	414	16 shall set forth by rule the discretionary factors by which
415	415	17 designations of employees or former employees may be removed.
416	416	18 (e) Reports of violations required under this Section
417	417	19 shall be made no later than 5 days after the incident
418	418	20 constituting the violation.
419	419	21 (Source: P.A. 100-432, eff. 8-25-17.)
420	420	22 Section 10. The Criminal Code of 2012 is amended by
421	421	23 changing Section 12-3.05 as follows:
422	422	24 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
423	423
424	424
425	425
426	426
427	427
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432	432	HB3545 - 12 - LRB103 27569 AMQ 53945 b
433	433	1 Sec. 12-3.05. Aggravated battery.
434	434	2 (a) Offense based on injury. A person commits aggravated
435	435	3 battery when, in committing a battery, other than by the
436	436	4 discharge of a firearm, he or she knowingly does any of the
437	437	5 following:
438	438	6 (1) Causes great bodily harm or permanent disability
439	439	7 or disfigurement.
440	440	8 (2) Causes severe and permanent disability, great
441	441	9 bodily harm, or disfigurement by means of a caustic or
442	442	10 flammable substance, a poisonous gas, a deadly biological
443	443	11 or chemical contaminant or agent, a radioactive substance,
444	444	12 or a bomb or explosive compound.
445	445	13 (3) Causes great bodily harm or permanent disability
446	446	14 or disfigurement to an individual whom the person knows to
447	447	15 be a peace officer, community policing volunteer, fireman,
448	448	16 private security officer, correctional institution
449	449	17 employee, or Department of Human Services employee
450	450	18 supervising or controlling sexually dangerous persons or
451	451	19 sexually violent persons:
452	452	20 (i) performing his or her official duties;
453	453	21 (ii) battered to prevent performance of his or her
454	454	22 official duties; or
455	455	23 (iii) battered in retaliation for performing his
456	456	24 or her official duties.
457	457	25 (4) Causes great bodily harm or permanent disability
458	458	26 or disfigurement to an individual 60 years of age or
459	459
460	460
461	461
462	462
463	463
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465	465
466	466
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468	468	HB3545 - 13 - LRB103 27569 AMQ 53945 b
469	469	1 older.
470	470	2 (5) Strangles another individual.
471	471	3 (b) Offense based on injury to a child or person with an
472	472	4 intellectual disability. A person who is at least 18 years of
473	473	5 age commits aggravated battery when, in committing a battery,
474	474	6 he or she knowingly and without legal justification by any
475	475	7 means:
476	476	8 (1) causes great bodily harm or permanent disability
477	477	9 or disfigurement to any child under the age of 13 years, or
478	478	10 to any person with a severe or profound intellectual
479	479	11 disability; or
480	480	12 (2) causes bodily harm or disability or disfigurement
481	481	13 to any child under the age of 13 years or to any person
482	482	14 with a severe or profound intellectual disability.
483	483	15 (c) Offense based on location of conduct. A person commits
484	484	16 aggravated battery when, in committing a battery, other than
485	485	17 by the discharge of a firearm, he or she is or the person
486	486	18 battered is on or about a public way, public property, a public
487	487	19 place of accommodation or amusement, a sports venue, or a
488	488	20 domestic violence shelter, or in a church, synagogue, mosque,
489	489	21 or other building, structure, or place used for religious
490	490	22 worship.
491	491	23 (d) Offense based on status of victim. A person commits
492	492	24 aggravated battery when, in committing a battery, other than
493	493	25 by discharge of a firearm, he or she knows the individual
494	494	26 battered to be any of the following:
495	495
496	496
497	497
498	498
499	499
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501	501
502	502
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504	504	HB3545 - 14 - LRB103 27569 AMQ 53945 b
505	505	1 (1) A person 60 years of age or older.
506	506	2 (2) A person who is pregnant or has a physical
507	507	3 disability.
508	508	4 (3) A teacher or school employee upon school grounds
509	509	5 or grounds adjacent to a school or in any part of a
510	510	6 building used for school purposes.
511	511	7 (4) A peace officer, community policing volunteer,
512	512	8 fireman, private security officer, correctional
513	513	9 institution employee, or Department of Human Services
514	514	10 employee supervising or controlling sexually dangerous
515	515	11 persons or sexually violent persons:
516	516	12 (i) performing his or her official duties;
517	517	13 (ii) battered to prevent performance of his or her
518	518	14 official duties; or
519	519	15 (iii) battered in retaliation for performing his
520	520	16 or her official duties.
521	521	17 (5) A judge, emergency management worker, emergency
522	522	18 medical services personnel, or utility worker:
523	523	19 (i) performing his or her official duties;
524	524	20 (ii) battered to prevent performance of his or her
525	525	21 official duties; or
526	526	22 (iii) battered in retaliation for performing his
527	527	23 or her official duties.
528	528	24 (6) An officer or employee of the State of Illinois, a
529	529	25 unit of local government, or a school district, while
530	530	26 performing his or her official duties.
531	531
532	532
533	533
534	534
535	535
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537	537
538	538
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541	541	1 (7) A transit employee performing his or her official
542	542	2 duties, or a transit passenger.
543	543	3 (8) A taxi driver on duty.
544	544	4 (9) A merchant who detains the person for an alleged
545	545	5 commission of retail theft under Section 16-26 of this
546	546	6 Code and the person without legal justification by any
547	547	7 means causes bodily harm to the merchant.
548	548	8 (10) A person authorized to serve process under
549	549	9 Section 2-202 of the Code of Civil Procedure or a special
550	550	10 process server appointed by the circuit court while that
551	551	11 individual is in the performance of his or her duties as a
552	552	12 process server.
553	553	13 (11) A nurse while in the performance of his or her
554	554	14 duties as a nurse.
555	555	15 (12) A merchant: (i) while performing his or her
556	556	16 duties, including, but not limited to, relaying directions
557	557	17 for healthcare or safety from his or her supervisor or
558	558	18 employer or relaying health or safety guidelines,
559	559	19 recommendations, regulations, or rules from a federal,
560	560	20 State, or local public health agency; and (ii) during a
561	561	21 disaster declared by the Governor, or a state of emergency
562	562	22 declared by the mayor of the municipality in which the
563	563	23 merchant is located, due to a public health emergency and
564	564	24 for a period of 6 months after such declaration.
565	565	25 (13) A patient at an Illinois Department of Human
566	566	26 Services facility who is battered by an employee of the
567	567
568	568
569	569
570	570
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573	573
574	574
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576	576	HB3545 - 16 - LRB103 27569 AMQ 53945 b
577	577	1 Illinois Department of Human Services.
578	578	2 (14) A recipient at a community-integrated living
579	579	3 arrangement, as defined in the Community-Integrated Living
580	580	4 Arrangements Licensure and Certification Act, who is
581	581	5 battered by an employee of the community-integrated living
582	582	6 arrangement.
583	583	7 (e) Offense based on use of a firearm. A person commits
584	584	8 aggravated battery when, in committing a battery, he or she
585	585	9 knowingly does any of the following:
586	586	10 (1) Discharges a firearm, other than a machine gun or
587	587	11 a firearm equipped with a silencer, and causes any injury
588	588	12 to another person.
589	589	13 (2) Discharges a firearm, other than a machine gun or
590	590	14 a firearm equipped with a silencer, and causes any injury
591	591	15 to a person he or she knows to be a peace officer,
592	592	16 community policing volunteer, person summoned by a police
593	593	17 officer, fireman, private security officer, correctional
594	594	18 institution employee, or emergency management worker:
595	595	19 (i) performing his or her official duties;
596	596	20 (ii) battered to prevent performance of his or her
597	597	21 official duties; or
598	598	22 (iii) battered in retaliation for performing his
599	599	23 or her official duties.
600	600	24 (3) Discharges a firearm, other than a machine gun or
601	601	25 a firearm equipped with a silencer, and causes any injury
602	602	26 to a person he or she knows to be emergency medical
603	603
604	604
605	605
606	606
607	607
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609	609
610	610
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612	612	HB3545 - 17 - LRB103 27569 AMQ 53945 b
613	613	1 services personnel:
614	614	2 (i) performing his or her official duties;
615	615	3 (ii) battered to prevent performance of his or her
616	616	4 official duties; or
617	617	5 (iii) battered in retaliation for performing his
618	618	6 or her official duties.
619	619	7 (4) Discharges a firearm and causes any injury to a
620	620	8 person he or she knows to be a teacher, a student in a
621	621	9 school, or a school employee, and the teacher, student, or
622	622	10 employee is upon school grounds or grounds adjacent to a
623	623	11 school or in any part of a building used for school
624	624	12 purposes.
625	625	13 (5) Discharges a machine gun or a firearm equipped
626	626	14 with a silencer, and causes any injury to another person.
627	627	15 (6) Discharges a machine gun or a firearm equipped
628	628	16 with a silencer, and causes any injury to a person he or
629	629	17 she knows to be a peace officer, community policing
630	630	18 volunteer, person summoned by a police officer, fireman,
631	631	19 private security officer, correctional institution
632	632	20 employee or emergency management worker:
633	633	21 (i) performing his or her official duties;
634	634	22 (ii) battered to prevent performance of his or her
635	635	23 official duties; or
636	636	24 (iii) battered in retaliation for performing his
637	637	25 or her official duties.
638	638	26 (7) Discharges a machine gun or a firearm equipped
639	639
640	640
641	641
642	642
643	643
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645	645
646	646
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648	648	HB3545 - 18 - LRB103 27569 AMQ 53945 b
649	649	1 with a silencer, and causes any injury to a person he or
650	650	2 she knows to be emergency medical services personnel:
651	651	3 (i) performing his or her official duties;
652	652	4 (ii) battered to prevent performance of his or her
653	653	5 official duties; or
654	654	6 (iii) battered in retaliation for performing his
655	655	7 or her official duties.
656	656	8 (8) Discharges a machine gun or a firearm equipped
657	657	9 with a silencer, and causes any injury to a person he or
658	658	10 she knows to be a teacher, or a student in a school, or a
659	659	11 school employee, and the teacher, student, or employee is
660	660	12 upon school grounds or grounds adjacent to a school or in
661	661	13 any part of a building used for school purposes.
662	662	14 (f) Offense based on use of a weapon or device. A person
663	663	15 commits aggravated battery when, in committing a battery, he
664	664	16 or she does any of the following:
665	665	17 (1) Uses a deadly weapon other than by discharge of a
666	666	18 firearm, or uses an air rifle as defined in Section
667	667	19 24.8-0.1 of this Code.
668	668	20 (2) Wears a hood, robe, or mask to conceal his or her
669	669	21 identity.
670	670	22 (3) Knowingly and without lawful justification shines
671	671	23 or flashes a laser gunsight or other laser device attached
672	672	24 to a firearm, or used in concert with a firearm, so that
673	673	25 the laser beam strikes upon or against the person of
674	674	26 another.
675	675
676	676
677	677
678	678
679	679
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681	681
682	682
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685	685	1 (4) Knowingly video or audio records the offense with
686	686	2 the intent to disseminate the recording.
687	687	3 (g) Offense based on certain conduct. A person commits
688	688	4 aggravated battery when, other than by discharge of a firearm,
689	689	5 he or she does any of the following:
690	690	6 (1) Violates Section 401 of the Illinois Controlled
691	691	7 Substances Act by unlawfully delivering a controlled
692	692	8 substance to another and any user experiences great bodily
693	693	9 harm or permanent disability as a result of the injection,
694	694	10 inhalation, or ingestion of any amount of the controlled
695	695	11 substance.
696	696	12 (2) Knowingly administers to an individual or causes
697	697	13 him or her to take, without his or her consent or by threat
698	698	14 or deception, and for other than medical purposes, any
699	699	15 intoxicating, poisonous, stupefying, narcotic,
700	700	16 anesthetic, or controlled substance, or gives to another
701	701	17 person any food containing any substance or object
702	702	18 intended to cause physical injury if eaten.
703	703	19 (3) Knowingly causes or attempts to cause a
704	704	20 correctional institution employee or Department of Human
705	705	21 Services employee to come into contact with blood, seminal
706	706	22 fluid, urine, or feces by throwing, tossing, or expelling
707	707	23 the fluid or material, and the person is an inmate of a
708	708	24 penal institution or is a sexually dangerous person or
709	709	25 sexually violent person in the custody of the Department
710	710	26 of Human Services.
711	711
712	712
713	713
714	714
715	715
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717	717
718	718
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721	721	1 (h) Sentence. Unless otherwise provided, aggravated
722	722	2 battery is a Class 3 felony.
723	723	3 Aggravated battery as defined in subdivision (a)(4),
724	724	4 (d)(4), (d)(13), or (g)(3) is a Class 2 felony.
725	725	5 Aggravated battery as defined in subdivision (a)(3) or
726	726	6 (g)(1) is a Class 1 felony.
727	727	7 Aggravated battery as defined in subdivision (a)(1) is a
728	728	8 Class 1 felony when the aggravated battery was intentional and
729	729	9 involved the infliction of torture, as defined in paragraph
730	730	10 (14) of subsection (b) of Section 9-1 of this Code, as the
731	731	11 infliction of or subjection to extreme physical pain,
732	732	12 motivated by an intent to increase or prolong the pain,
733	733	13 suffering, or agony of the victim.
734	734	14 Aggravated battery as defined in subdivision (a)(1) is a
735	735	15 Class 2 felony when the person causes great bodily harm or
736	736	16 permanent disability to an individual whom the person knows to
737	737	17 be a member of a congregation engaged in prayer or other
738	738	18 religious activities at a church, synagogue, mosque, or other
739	739	19 building, structure, or place used for religious worship.
740	740	20 Aggravated battery under subdivision (a)(5) is a Class 1
741	741	21 felony if:
742	742	22 (A) the person used or attempted to use a dangerous
743	743	23 instrument while committing the offense;
744	744	24 (B) the person caused great bodily harm or permanent
745	745	25 disability or disfigurement to the other person while
746	746	26 committing the offense; or
747	747
748	748
749	749
750	750
751	751
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753	753
754	754
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757	757	1 (C) the person has been previously convicted of a
758	758	2 violation of subdivision (a)(5) under the laws of this
759	759	3 State or laws similar to subdivision (a)(5) of any other
760	760	4 state.
761	761	5 Aggravated battery as defined in subdivision (e)(1) is a
762	762	6 Class X felony.
763	763	7 Aggravated battery as defined in subdivision (a)(2) is a
764	764	8 Class X felony for which a person shall be sentenced to a term
765	765	9 of imprisonment of a minimum of 6 years and a maximum of 45
766	766	10 years.
767	767	11 Aggravated battery as defined in subdivision (e)(5) is a
768	768	12 Class X felony for which a person shall be sentenced to a term
769	769	13 of imprisonment of a minimum of 12 years and a maximum of 45
770	770	14 years.
771	771	15 Aggravated battery as defined in subdivision (e)(2),
772	772	16 (e)(3), or (e)(4) is a Class X felony for which a person shall
773	773	17 be sentenced to a term of imprisonment of a minimum of 15 years
774	774	18 and a maximum of 60 years.
775	775	19 Aggravated battery as defined in subdivision (e)(6),
776	776	20 (e)(7), or (e)(8) is a Class X felony for which a person shall
777	777	21 be sentenced to a term of imprisonment of a minimum of 20 years
778	778	22 and a maximum of 60 years.
779	779	23 Aggravated battery as defined in subdivision (b)(1) is a
780	780	24 Class X felony, except that:
781	781	25 (1) if the person committed the offense while armed
782	782	26 with a firearm, 15 years shall be added to the term of
783	783
784	784
785	785
786	786
787	787
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789	789
790	790
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793	793	1 imprisonment imposed by the court;
794	794	2 (2) if, during the commission of the offense, the
795	795	3 person personally discharged a firearm, 20 years shall be
796	796	4 added to the term of imprisonment imposed by the court;
797	797	5 (3) if, during the commission of the offense, the
798	798	6 person personally discharged a firearm that proximately
799	799	7 caused great bodily harm, permanent disability, permanent
800	800	8 disfigurement, or death to another person, 25 years or up
801	801	9 to a term of natural life shall be added to the term of
802	802	10 imprisonment imposed by the court.
803	803	11 (i) Definitions. In this Section:
804	804	12 "Building or other structure used to provide shelter" has
805	805	13 the meaning ascribed to "shelter" in Section 1 of the Domestic
806	806	14 Violence Shelters Act.
807	807	15 "Domestic violence" has the meaning ascribed to it in
808	808	16 Section 103 of the Illinois Domestic Violence Act of 1986.
809	809	17 "Domestic violence shelter" means any building or other
810	810	18 structure used to provide shelter or other services to victims
811	811	19 or to the dependent children of victims of domestic violence
812	812	20 pursuant to the Illinois Domestic Violence Act of 1986 or the
813	813	21 Domestic Violence Shelters Act, or any place within 500 feet
814	814	22 of such a building or other structure in the case of a person
815	815	23 who is going to or from such a building or other structure.
816	816	24 "Firearm" has the meaning provided under Section 1.1 of
817	817	25 the Firearm Owners Identification Card Act, and does not
818	818	26 include an air rifle as defined by Section 24.8-0.1 of this
819	819
820	820
821	821
822	822
823	823
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825	825
826	826
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828	828	HB3545 - 23 - LRB103 27569 AMQ 53945 b
829	829	1 Code.
830	830	2 "Machine gun" has the meaning ascribed to it in Section
831	831	3 24-1 of this Code.
832	832	4 "Merchant" has the meaning ascribed to it in Section
833	833	5 16-0.1 of this Code.
834	834	6 "Strangle" means intentionally impeding the normal
835	835	7 breathing or circulation of the blood of an individual by
836	836	8 applying pressure on the throat or neck of that individual or
837	837	9 by blocking the nose or mouth of that individual.
838	838	10 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
839	839
840	840
841	841
842	842
843	843
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