Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2010 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 SB2010 Introduced 2/9/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services. LRB103 28291 RLC 54670 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2010 Introduced 2/9/2023, by Sen. Doris Turner 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 Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services. LRB103 28291 RLC 54670 b LRB103 28291 RLC 54670 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2010 Introduced 2/9/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
4	4	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
5	5	Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.
6	6	LRB103 28291 RLC 54670 b LRB103 28291 RLC 54670 b
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8	8	A BILL FOR
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10	10	SB2010 LRB103 28291 RLC 54670 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. This Act may be referred to as the Knight-Silas
15	15	5 Legacy Act.
16	16	6 Section 5. The Criminal Code of 2012 is amended by
17	17	7 changing Section 12-3.05 as follows:
18	18	8 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
19	19	9 Sec. 12-3.05. Aggravated battery.
20	20	10 (a) Offense based on injury. A person commits aggravated
21	21	11 battery when, in committing a battery, other than by the
22	22	12 discharge of a firearm, he or she knowingly does any of the
23	23	13 following:
24	24	14 (1) Causes great bodily harm or permanent disability
25	25	15 or disfigurement.
26	26	16 (2) Causes severe and permanent disability, great
27	27	17 bodily harm, or disfigurement by means of a caustic or
28	28	18 flammable substance, a poisonous gas, a deadly biological
29	29	19 or chemical contaminant or agent, a radioactive substance,
30	30	20 or a bomb or explosive compound.
31	31	21 (3) Causes great bodily harm or permanent disability
32	32	22 or disfigurement to an individual whom the person knows to
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2010 Introduced 2/9/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
37	37	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
38	38	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
39	39	Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is 21 years of age or older and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department caseworker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.
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67	67	1 be a peace officer, community policing volunteer, fireman,
68	68	2 private security officer, correctional institution
69	69	3 employee, or Department of Human Services employee
70	70	4 supervising or controlling sexually dangerous persons or
71	71	5 sexually violent persons:
72	72	6 (i) performing his or her official duties;
73	73	7 (ii) battered to prevent performance of his or her
74	74	8 official duties; or
75	75	9 (iii) battered in retaliation for performing his
76	76	10 or her official duties.
77	77	11 (3.1) Is, at the time of the commission of the
78	78	12 offense, 21 years of age or older and causes great bodily
79	79	13 harm or permanent disability or disfigurement to an
80	80	14 individual whom the person knows to be a Department of
81	81	15 Children and Family Services employee:
82	82	16 (i) performing his or her official duties;
83	83	17 (ii) battered to prevent performance of his or her
84	84	18 official duties; or
85	85	19 (iii) battered in retaliation for performing his
86	86	20 or her official duties.
87	87	21 (4) Causes great bodily harm or permanent disability
88	88	22 or disfigurement to an individual 60 years of age or
89	89	23 older.
90	90	24 (5) Strangles another individual.
91	91	25 (b) Offense based on injury to a child or person with an
92	92	26 intellectual disability. A person who is at least 18 years of
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103	103	1 age commits aggravated battery when, in committing a battery,
104	104	2 he or she knowingly and without legal justification by any
105	105	3 means:
106	106	4 (1) causes great bodily harm or permanent disability
107	107	5 or disfigurement to any child under the age of 13 years, or
108	108	6 to any person with a severe or profound intellectual
109	109	7 disability; or
110	110	8 (2) causes bodily harm or disability or disfigurement
111	111	9 to any child under the age of 13 years or to any person
112	112	10 with a severe or profound intellectual disability.
113	113	11 (c) Offense based on location of conduct. A person commits
114	114	12 aggravated battery when, in committing a battery, other than
115	115	13 by the discharge of a firearm, he or she is or the person
116	116	14 battered is on or about a public way, public property, a public
117	117	15 place of accommodation or amusement, a sports venue, or a
118	118	16 domestic violence shelter, or in a church, synagogue, mosque,
119	119	17 or other building, structure, or place used for religious
120	120	18 worship.
121	121	19 (d) Offense based on status of victim. A person commits
122	122	20 aggravated battery when, in committing a battery, other than
123	123	21 by discharge of a firearm, he or she knows the individual
124	124	22 battered to be any of the following:
125	125	23 (1) A person 60 years of age or older.
126	126	24 (2) A person who is pregnant or has a physical
127	127	25 disability.
128	128	26 (3) A teacher or school employee upon school grounds
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139	139	1 or grounds adjacent to a school or in any part of a
140	140	2 building used for school purposes.
141	141	3 (4) A peace officer, community policing volunteer,
142	142	4 fireman, private security officer, correctional
143	143	5 institution employee, or Department of Human Services
144	144	6 employee supervising or controlling sexually dangerous
145	145	7 persons or sexually violent persons:
146	146	8 (i) performing his or her official duties;
147	147	9 (ii) battered to prevent performance of his or her
148	148	10 official duties; or
149	149	11 (iii) battered in retaliation for performing his
150	150	12 or her official duties.
151	151	13 (4.1)(A) A Department of Children and Family Services
152	152	14 employee:
153	153	15 (i) performing his or her official duties;
154	154	16 (ii) battered to prevent performance of his or her
155	155	17 official duties; or
156	156	18 (iii) battered in retaliation for performing his
157	157	19 or her official duties; and
158	158	20 (B) the person committing the offense, at the time of
159	159	21 the commission of the offense, is 21 years of age or older.
160	160	22 (5) A judge, emergency management worker, emergency
161	161	23 medical services personnel, or utility worker:
162	162	24 (i) performing his or her official duties;
163	163	25 (ii) battered to prevent performance of his or her
164	164	26 official duties; or
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175	175	1 (iii) battered in retaliation for performing his
176	176	2 or her official duties.
177	177	3 (6) An officer or employee of the State of Illinois, a
178	178	4 unit of local government, or a school district, while
179	179	5 performing his or her official duties.
180	180	6 (7) A transit employee performing his or her official
181	181	7 duties, or a transit passenger.
182	182	8 (8) A taxi driver on duty.
183	183	9 (9) A merchant who detains the person for an alleged
184	184	10 commission of retail theft under Section 16-26 of this
185	185	11 Code and the person without legal justification by any
186	186	12 means causes bodily harm to the merchant.
187	187	13 (10) A person authorized to serve process under
188	188	14 Section 2-202 of the Code of Civil Procedure or a special
189	189	15 process server appointed by the circuit court while that
190	190	16 individual is in the performance of his or her duties as a
191	191	17 process server.
192	192	18 (11) A nurse while in the performance of his or her
193	193	19 duties as a nurse.
194	194	20 (12) A merchant: (i) while performing his or her
195	195	21 duties, including, but not limited to, relaying directions
196	196	22 for healthcare or safety from his or her supervisor or
197	197	23 employer or relaying health or safety guidelines,
198	198	24 recommendations, regulations, or rules from a federal,
199	199	25 State, or local public health agency; and (ii) during a
200	200	26 disaster declared by the Governor, or a state of emergency
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211	211	1 declared by the mayor of the municipality in which the
212	212	2 merchant is located, due to a public health emergency and
213	213	3 for a period of 6 months after such declaration.
214	214	4 (e) Offense based on use of a firearm. A person commits
215	215	5 aggravated battery when, in committing a battery, he or she
216	216	6 knowingly does any of the following:
217	217	7 (1) Discharges a firearm, other than a machine gun or
218	218	8 a firearm equipped with a silencer, and causes any injury
219	219	9 to another person.
220	220	10 (2) Discharges a firearm, other than a machine gun or
221	221	11 a firearm equipped with a silencer, and causes any injury
222	222	12 to a person he or she knows to be a peace officer,
223	223	13 community policing volunteer, person summoned by a police
224	224	14 officer, fireman, private security officer, correctional
225	225	15 institution employee, or emergency management worker:
226	226	16 (i) performing his or her official duties;
227	227	17 (ii) battered to prevent performance of his or her
228	228	18 official duties; or
229	229	19 (iii) battered in retaliation for performing his
230	230	20 or her official duties.
231	231	21 (3) Discharges a firearm, other than a machine gun or
232	232	22 a firearm equipped with a silencer, and causes any injury
233	233	23 to a person he or she knows to be emergency medical
234	234	24 services personnel:
235	235	25 (i) performing his or her official duties;
236	236	26 (ii) battered to prevent performance of his or her
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247	247	1 official duties; or
248	248	2 (iii) battered in retaliation for performing his
249	249	3 or her official duties.
250	250	4 (4) Discharges a firearm and causes any injury to a
251	251	5 person he or she knows to be a teacher, a student in a
252	252	6 school, or a school employee, and the teacher, student, or
253	253	7 employee is upon school grounds or grounds adjacent to a
254	254	8 school or in any part of a building used for school
255	255	9 purposes.
256	256	10 (5) Discharges a machine gun or a firearm equipped
257	257	11 with a silencer, and causes any injury to another person.
258	258	12 (6) Discharges a machine gun or a firearm equipped
259	259	13 with a silencer, and causes any injury to a person he or
260	260	14 she knows to be a peace officer, community policing
261	261	15 volunteer, person summoned by a police officer, fireman,
262	262	16 private security officer, correctional institution
263	263	17 employee or emergency management worker:
264	264	18 (i) performing his or her official duties;
265	265	19 (ii) battered to prevent performance of his or her
266	266	20 official duties; or
267	267	21 (iii) battered in retaliation for performing his
268	268	22 or her official duties.
269	269	23 (7) Discharges a machine gun or a firearm equipped
270	270	24 with a silencer, and causes any injury to a person he or
271	271	25 she knows to be emergency medical services personnel:
272	272	26 (i) performing his or her official duties;
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283	283	1 (ii) battered to prevent performance of his or her
284	284	2 official duties; or
285	285	3 (iii) battered in retaliation for performing his
286	286	4 or her official duties.
287	287	5 (8) Discharges a machine gun or a firearm equipped
288	288	6 with a silencer, and causes any injury to a person he or
289	289	7 she knows to be a teacher, or a student in a school, or a
290	290	8 school employee, and the teacher, student, or employee is
291	291	9 upon school grounds or grounds adjacent to a school or in
292	292	10 any part of a building used for school purposes.
293	293	11 (f) Offense based on use of a weapon or device. A person
294	294	12 commits aggravated battery when, in committing a battery, he
295	295	13 or she does any of the following:
296	296	14 (1) Uses a deadly weapon other than by discharge of a
297	297	15 firearm, or uses an air rifle as defined in Section
298	298	16 24.8-0.1 of this Code.
299	299	17 (2) Wears a hood, robe, or mask to conceal his or her
300	300	18 identity.
301	301	19 (3) Knowingly and without lawful justification shines
302	302	20 or flashes a laser gunsight or other laser device attached
303	303	21 to a firearm, or used in concert with a firearm, so that
304	304	22 the laser beam strikes upon or against the person of
305	305	23 another.
306	306	24 (4) Knowingly video or audio records the offense with
307	307	25 the intent to disseminate the recording.
308	308	26 (g) Offense based on certain conduct. A person commits
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319	319	1 aggravated battery when, other than by discharge of a firearm,
320	320	2 he or she does any of the following:
321	321	3 (1) Violates Section 401 of the Illinois Controlled
322	322	4 Substances Act by unlawfully delivering a controlled
323	323	5 substance to another and any user experiences great bodily
324	324	6 harm or permanent disability as a result of the injection,
325	325	7 inhalation, or ingestion of any amount of the controlled
326	326	8 substance.
327	327	9 (2) Knowingly administers to an individual or causes
328	328	10 him or her to take, without his or her consent or by threat
329	329	11 or deception, and for other than medical purposes, any
330	330	12 intoxicating, poisonous, stupefying, narcotic,
331	331	13 anesthetic, or controlled substance, or gives to another
332	332	14 person any food containing any substance or object
333	333	15 intended to cause physical injury if eaten.
334	334	16 (3) Knowingly causes or attempts to cause a
335	335	17 correctional institution employee or Department of Human
336	336	18 Services employee to come into contact with blood, seminal
337	337	19 fluid, urine, or feces by throwing, tossing, or expelling
338	338	20 the fluid or material, and the person is an inmate of a
339	339	21 penal institution or is a sexually dangerous person or
340	340	22 sexually violent person in the custody of the Department
341	341	23 of Human Services.
342	342	24 (h) Sentence. Unless otherwise provided, aggravated
343	343	25 battery is a Class 3 felony.
344	344	26 Aggravated battery as defined in subdivision (a)(4),
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355	355	1 (d)(4), (d)(4.1), or (g)(3) is a Class 2 felony.
356	356	2 Aggravated battery as defined in subdivision (a)(3),
357	357	3 (a)(3.1), or (g)(1) is a Class 1 felony.
358	358	4 Aggravated battery as defined in subdivision (a)(1) is a
359	359	5 Class 1 felony when the aggravated battery was intentional and
360	360	6 involved the infliction of torture, as defined in paragraph
361	361	7 (14) of subsection (b) of Section 9-1 of this Code, as the
362	362	8 infliction of or subjection to extreme physical pain,
363	363	9 motivated by an intent to increase or prolong the pain,
364	364	10 suffering, or agony of the victim.
365	365	11 Aggravated battery as defined in subdivision (a)(1) is a
366	366	12 Class 2 felony when the person causes great bodily harm or
367	367	13 permanent disability to an individual whom the person knows to
368	368	14 be a member of a congregation engaged in prayer or other
369	369	15 religious activities at a church, synagogue, mosque, or other
370	370	16 building, structure, or place used for religious worship.
371	371	17 Aggravated battery under subdivision (a)(5) is a Class 1
372	372	18 felony if:
373	373	19 (A) the person used or attempted to use a dangerous
374	374	20 instrument while committing the offense;
375	375	21 (B) the person caused great bodily harm or permanent
376	376	22 disability or disfigurement to the other person while
377	377	23 committing the offense; or
378	378	24 (C) the person has been previously convicted of a
379	379	25 violation of subdivision (a)(5) under the laws of this
380	380	26 State or laws similar to subdivision (a)(5) of any other
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391	391	1 state.
392	392	2 Aggravated battery as defined in subdivision (e)(1) is a
393	393	3 Class X felony.
394	394	4 Aggravated battery as defined in subdivision (a)(2) is a
395	395	5 Class X felony for which a person shall be sentenced to a term
396	396	6 of imprisonment of a minimum of 6 years and a maximum of 45
397	397	7 years.
398	398	8 Aggravated battery as defined in subdivision (e)(5) is a
399	399	9 Class X felony for which a person shall be sentenced to a term
400	400	10 of imprisonment of a minimum of 12 years and a maximum of 45
401	401	11 years.
402	402	12 Aggravated battery as defined in subdivision (e)(2),
403	403	13 (e)(3), or (e)(4) is a Class X felony for which a person shall
404	404	14 be sentenced to a term of imprisonment of a minimum of 15 years
405	405	15 and a maximum of 60 years.
406	406	16 Aggravated battery as defined in subdivision (e)(6),
407	407	17 (e)(7), or (e)(8) is a Class X felony for which a person shall
408	408	18 be sentenced to a term of imprisonment of a minimum of 20 years
409	409	19 and a maximum of 60 years.
410	410	20 Aggravated battery as defined in subdivision (b)(1) is a
411	411	21 Class X felony, except that:
412	412	22 (1) if the person committed the offense while armed
413	413	23 with a firearm, 15 years shall be added to the term of
414	414	24 imprisonment imposed by the court;
415	415	25 (2) if, during the commission of the offense, the
416	416	26 person personally discharged a firearm, 20 years shall be
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427	427	1 added to the term of imprisonment imposed by the court;
428	428	2 (3) if, during the commission of the offense, the
429	429	3 person personally discharged a firearm that proximately
430	430	4 caused great bodily harm, permanent disability, permanent
431	431	5 disfigurement, or death to another person, 25 years or up
432	432	6 to a term of natural life shall be added to the term of
433	433	7 imprisonment imposed by the court.
434	434	8 (i) Definitions. In this Section:
435	435	9 "Building or other structure used to provide shelter" has
436	436	10 the meaning ascribed to "shelter" in Section 1 of the Domestic
437	437	11 Violence Shelters Act.
438	438	12 "Department of Children and Family Services employee"
439	439	13 includes any Department caseworker or investigator employed by
440	440	14 an agency or organization providing social work, case work, or
441	441	15 investigative services under a contract with or a grant from
442	442	16 the Department of Children and Family Services.
443	443	17 "Domestic violence" has the meaning ascribed to it in
444	444	18 Section 103 of the Illinois Domestic Violence Act of 1986.
445	445	19 "Domestic violence shelter" means any building or other
446	446	20 structure used to provide shelter or other services to victims
447	447	21 or to the dependent children of victims of domestic violence
448	448	22 pursuant to the Illinois Domestic Violence Act of 1986 or the
449	449	23 Domestic Violence Shelters Act, or any place within 500 feet
450	450	24 of such a building or other structure in the case of a person
451	451	25 who is going to or from such a building or other structure.
452	452	26 "Firearm" has the meaning provided under Section 1.1 of
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461	461	SB2010- 13 -LRB103 28291 RLC 54670 b SB2010 - 13 - LRB103 28291 RLC 54670 b
462	462	SB2010 - 13 - LRB103 28291 RLC 54670 b
463	463	1 the Firearm Owners Identification Card Act, and does not
464	464	2 include an air rifle as defined by Section 24.8-0.1 of this
465	465	3 Code.
466	466	4 "Machine gun" has the meaning ascribed to it in Section
467	467	5 24-1 of this Code.
468	468	6 "Merchant" has the meaning ascribed to it in Section
469	469	7 16-0.1 of this Code.
470	470	8 "Strangle" means intentionally impeding the normal
471	471	9 breathing or circulation of the blood of an individual by
472	472	10 applying pressure on the throat or neck of that individual or
473	473	11 by blocking the nose or mouth of that individual.
474	474	12 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
475	475
476	476
477	477
478	478
479	479
480	480	SB2010 - 13 - LRB103 28291 RLC 54670 b