Illinois 2025-2026 Regular Session

Illinois House Bill HB2830 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2830 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 225 ILCS 46/25225 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. LRB104 08929 AAS 18984 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2830 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 225 ILCS 46/25225 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. LRB104 08929 AAS 18984 b LRB104 08929 AAS 18984 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2830 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 46/25225 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	LRB104 08929 AAS 18984 b LRB104 08929 AAS 18984 b
10	10	LRB104 08929 AAS 18984 b
11	11	A BILL FOR
12	12	HB2830LRB104 08929 AAS 18984 b HB2830 LRB104 08929 AAS 18984 b
13	13	HB2830 LRB104 08929 AAS 18984 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, under the laws of this
31	31	18 State, or of an offense that is substantially equivalent to
32	32	19 the following offenses under the laws of any other state or of
33	33	20 the laws of the United States, as verified by court records,
34	34	21 records from a state agency, or a Federal Bureau of
35	35	22 Investigation criminal history records check, only with a
36	36	23 waiver described in Section 40: those defined in Sections
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2830 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
41	41	225 ILCS 46/25225 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.
47	47	LRB104 08929 AAS 18984 b LRB104 08929 AAS 18984 b
48	48	LRB104 08929 AAS 18984 b
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 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1,
78	78	2 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5,
79	79	3 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
80	80	4 11-9.1, 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1,
81	81	5 11-20.1B, 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2,
82	82	6 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
83	83	7 12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
84	84	8 12-19, 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5,
85	85	9 12C-10, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2,
86	86	10 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
87	87	11 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
88	88	12 (a)(4) of Section 11-14.4, or in subsection (a) of Section
89	89	13 12-3 or subsection (a) or (b) of Section 12-4.4a, of the
90	90	14 Criminal Code of 1961 or the Criminal Code of 2012; those
91	91	15 provided in Section 4 of the Wrongs to Children Act; those
92	92	16 provided in Section 53 of the Criminal Jurisprudence Act;
93	93	17 those defined in subsection (c), (d), (e), (f), or (g) of
94	94	18 Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
95	95	19 Act; those defined in the Methamphetamine Control and
96	96	20 Community Protection Act; those defined in Sections 401,
97	97	21 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
98	98	22 Controlled Substances Act; or those defined in subsection (a)
99	99	23 of Section 3.01, Section 3.02, or Section 3.03 of the Humane
100	100	24 Care for Animals Act.
101	101	25 (a-1) A health care employer or long-term care facility
102	102	26 may hire, employ, or retain any individual in a position
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113	113	1 involving direct care for clients, patients, or residents or
114	114	2 access to the living quarters or the financial, medical, or
115	115	3 personal records of clients, patients, or residents who has
116	116	4 been convicted of committing or attempting to commit one or
117	117	5 more of the following offenses, or any individual who fails to
118	118	6 report to the Department any such individual who committed a
119	119	7 violation described in this subsection, under the laws of this
120	120	8 State, or of an offense that is substantially equivalent to
121	121	9 the following offenses under the laws of any other state or of
122	122	10 the laws of the United States, as verified by court records,
123	123	11 records from a state agency, or a Federal Bureau of
124	124	12 Investigation criminal history records check, only with a
125	125	13 waiver described in Section 40: those offenses defined in
126	126	14 Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
127	127	15 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
128	128	16 24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
129	129	17 subsection (b) of Section 18-1, or subsection (b) of Section
130	130	18 20-1, of the Criminal Code of 1961 or the Criminal Code of
131	131	19 2012; those offenses defined in Section 4, 5, 6, 8, or 17.02 of
132	132	20 the Illinois Credit Card and Debit Card Act; those offenses
133	133	21 defined in or Section 11-9.1A of the Criminal Code of 1961 or
134	134	22 the Criminal Code of 2012 or Section 5.1 of the Wrongs to
135	135	23 Children Act; or those offenses defined in (ii) violated
136	136	24 Section 50-50 of the Nurse Practice Act.
137	137	25 A health care employer is not required to retain an
138	138	26 individual in a position with duties involving direct care for
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149	149	1 clients, patients, or residents, and no long-term care
150	150	2 facility is required to retain an individual in a position
151	151	3 with duties that involve or may involve contact with residents
152	152	4 or access to the living quarters or the financial, medical, or
153	153	5 personal records of residents, who has been convicted of
154	154	6 committing or attempting to commit one or more of the offenses
155	155	7 enumerated in this subsection.
156	156	8 (b) A health care employer shall not hire, employ, or
157	157	9 retain, whether paid or on a volunteer basis, any individual
158	158	10 in a position with duties involving direct care of clients,
159	159	11 patients, or residents, and no long-term care facility shall
160	160	12 knowingly hire, employ, or retain, whether paid or on a
161	161	13 volunteer basis, any individual in a position with duties that
162	162	14 involve or may involve contact with residents or access to the
163	163	15 living quarters or the financial, medical, or personal records
164	164	16 of residents, if the health care employer becomes aware that
165	165	17 the individual: (i) has been convicted in another state of
166	166	18 committing or attempting to commit an offense that has the
167	167	19 same or similar elements as an offense listed in subsection
168	168	20 (a) or (a-1), as verified by court records, records from a
169	169	21 state agency, or an FBI criminal history record check; or (ii)
170	170	22 has failed to report to the Department any such individual who
171	171	23 committed in another state an offense listed in subsection (a)
172	172	24 or (a-1), unless the applicant or employee obtains a waiver
173	173	25 pursuant to Section 40 of this Act. This shall not be construed
174	174	26 to mean that a health care employer has an obligation to
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185	185	1 conduct a criminal history records check in other states in
186	186	2 which an employee has resided.
187	187	3 (c) A health care employer shall not hire, employ, or
188	188	4 retain, whether paid or on a volunteer basis, any individual
189	189	5 in a position with duties involving direct care of clients,
190	190	6 patients, or residents, who has a finding by the Department of
191	191	7 abuse, neglect, misappropriation of property, or theft denoted
192	192	8 on the Health Care Worker Registry, or a finding by the
193	193	9 Department denoted on the Health Care Worker Registry of
194	194	10 failure to report neglect, misappropriation of property, or
195	195	11 theft to the Department.
196	196	12 (d) 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 if the individual has a verified and
200	200	16 substantiated finding of abuse, neglect, or financial
201	201	17 exploitation, as identified within the Adult Protective
202	202	18 Service Registry established under Section 7.5 of the Adult
203	203	19 Protective Services Act, or any individual who fails to report
204	204	20 to the Department any such individual who committed abuse,
205	205	21 neglect, or financial exploitation.
206	206	22 (e) A health care employer shall not hire, employ, or
207	207	23 retain, whether paid or on a volunteer basis, any individual
208	208	24 in a position with duties involving direct care of clients,
209	209	25 patients, or residents who has a finding by the Department of
210	210	26 Human Services denoted on the Health Care Worker Registry of
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221	221	1 physical or sexual abuse, financial exploitation, egregious
222	222	2 neglect, or material obstruction of an investigation, or any
223	223	3 individual who fails to report to the Department any such
224	224	4 individual who committed the physical or sexual abuse,
225	225	5 financial exploitation, or egregious neglect.
226	226	6 (f) Reports of violations required under this Section
227	227	7 shall be made no later than 5 days after the incident
228	228	8 constituting the violation.
229	229	9 (Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;
230	230	10 103-605, eff. 7-1-24.)
231	231	11 (225 ILCS 46/27)
232	232	12 Sec. 27. Notice and hearing prior to designation on Health
233	233	13 Care Worker Registry for offense.
234	234	14 (a) If the Department finds that an employee or former
235	235	15 employee has abused or neglected a resident or misappropriated
236	236	16 property of a resident, then the Department shall notify the
237	237	17 employee or individual of this finding by certified mail sent
238	238	18 to the address contained in the Health Care Worker Registry.
239	239	19 The notice shall give the employee or individual an
240	240	20 opportunity to contest the finding in a hearing before the
241	241	21 Department or to submit a written response to the findings in
242	242	22 lieu of requesting a hearing. As used in this subsection,
243	243	23 "abuse" and "neglect" shall have the meanings provided in the
244	244	24 Nursing Home Care Act, except that: (1) the term "resident" as
245	245	25 used in those definitions shall have the meaning provided in
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256	256	1 this Act; and (2) "abuse" and "neglect" shall include the
257	257	2 failure to report any abuse, neglect, or misappropriation of a
258	258	3 resident's property to the Department. As used in this
259	259	4 subsection, "misappropriate property of a resident" shall have
260	260	5 the meaning provided to "misappropriation of a resident's
261	261	6 property" in the Nursing Home Care Act, except that the term
262	262	7 "resident" as used in that definition shall have the meaning
263	263	8 provided in this Act.
264	264	9 (b) The Department shall have the authority to hold
265	265	10 hearings to be conducted by the Director, or by an individual
266	266	11 designated by the Director as hearing officer to conduct the
267	267	12 hearing. On the basis of a hearing, or upon default of the
268	268	13 employee, the Director shall make a determination specifying
269	269	14 his or her findings and conclusions. A copy of the
270	270	15 determination shall be sent by certified mail, return receipt
271	271	16 requested, or served personally upon the employee to the
272	272	17 address last provided by the employee to the Department.
273	273	18 (c) The procedure governing hearings authorized by this
274	274	19 Section shall be in accordance with rules adopted by the
275	275	20 Department. A full and complete record shall be kept of all
276	276	21 proceedings, including the notice of hearing, and all other
277	277	22 documents in the nature of pleadings, written motions filed in
278	278	23 the proceedings, and the report and orders of the Director or
279	279	24 the Director's designee. All testimony shall be reported but
280	280	25 need not be transcribed unless the decision is sought to be
281	281	26 reviewed under the Administrative Review Law. A copy or copies
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292	292	1 of the transcript and record of the proceedings may be
293	293	2 obtained by any interested party subsequent to payment to the
294	294	3 Department of the cost of preparing the copy or copies. All
295	295	4 final administrative decisions of the Department under this
296	296	5 Act are subject to judicial review under the Administrative
297	297	6 Review Law and the rules adopted pursuant thereto. For
298	298	7 purposes of this subsection, "administrative decision" has the
299	299	8 meaning provided in Section 3-101 of the Code of Civil
300	300	9 Procedure.
301	301	10 (d) The Department may issue subpoenas requiring the
302	302	11 attendance and the giving of testimony by witnesses, and
303	303	12 subpoenas duces tecum requiring the production of books,
304	304	13 papers, records, or memoranda. All subpoenas and subpoenas
305	305	14 duces tecum issued under this Act may be served by mail or by
306	306	15 any person of legal age. The fees of witnesses for attendance
307	307	16 and travel shall be the same as the fees of witnesses before
308	308	17 the courts of this State. The fees shall be paid when the
309	309	18 witness is excused from further attendance. When the witness
310	310	19 is subpoenaed at the instance of the Department, the fees
311	311	20 shall be paid in the same manner as other expenses of the
312	312	21 Department, and when the witness is subpoenaed at the instance
313	313	22 of any other party to any such proceeding, the Department may
314	314	23 require that the cost of service of the subpoena or subpoena
315	315	24 duces tecum and the fee of the witness be borne by the party at
316	316	25 whose instance the witness is summoned. A subpoena or subpoena
317	317	26 duces tecum issued pursuant to this Section shall be served in
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328	328	1 the same manner as a subpoena issued by a circuit court.
329	329	2 (e) If, after a hearing or if the employee, or former
330	330	3 employee, does not request a hearing, the Department finds
331	331	4 that the employee, or former employee, abused a resident,
332	332	5 neglected a resident, or misappropriated resident property, or
333	333	6 failed to report any abuse, neglect, or misappropriation to
334	334	7 the Department or makes any other applicable finding as set
335	335	8 forth by rule, the finding shall be included as part of the
336	336	9 Health Care Worker Registry as well as a clear and accurate
337	337	10 summary from the employee, if he or she chooses to make a
338	338	11 statement.
339	339	12 (f) The Department shall make the following information in
340	340	13 the Health Care Worker Registry available to the public: an
341	341	14 individual's full name; the date an individual successfully
342	342	15 completed a nurse aide training or competency evaluation; and
343	343	16 whether the Department has made a finding that an employee, or
344	344	17 former employee, has been guilty of abuse or neglect of a
345	345	18 resident or misappropriation of resident property or failure
346	346	19 to report any abuse, neglect, or misappropriation of resident
347	347	20 property to the Department or has made any other applicable
348	348	21 finding as set forth by rule. In the case of inquiries to the
349	349	22 Health Care Worker Registry concerning an employee, or former
350	350	23 employee, listed in the Health Care Worker Registry, any
351	351	24 information disclosed concerning a finding shall also include
352	352	25 disclosure of the employee's, or former employee's, statement
353	353	26 in the Health Care Worker Registry relating to the finding or a
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364	364	1 clear and accurate summary of the statement.
365	365	2 (g) The Department shall add to the Health Care Worker
366	366	3 Registry records of findings as reported by the Inspector
367	367	4 General or remove from the Health Care Worker Registry records
368	368	5 of findings as reported by the Department of Human Services,
369	369	6 under subsection (s) of Section 1-17 of the Department of
370	370	7 Human Services Act.
371	371	8 (h) Reports of violations required under this Section
372	372	9 shall be made no later than 5 days after the incident
373	373	10 constituting the violation.
374	374	11 (Source: P.A. 100-432, eff. 8-25-17.)
375	375	12 (225 ILCS 46/28)
376	376	13 Sec. 28. Designation on Registry for offense.
377	377	14 (a) The Department, after notice to the employee, or
378	378	15 former employee, may denote on the Health Care Worker Registry
379	379	16 that the Department has found any of the following:
380	380	17 (1) The employee, or former employee, has abused a
381	381	18 resident.
382	382	19 (2) The employee, or former employee, has neglected a
383	383	20 resident.
384	384	21 (3) The employee, or former employee, has
385	385	22 misappropriated resident property.
386	386	23 (3.5) The employee, or former employee, failed to
387	387	24 report abuse of a resident, neglect of a resident, or
388	388	25 misappropriation of resident property by another employee
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399	399	1 or former employee to the Department.
400	400	2 (4) The employee, or former employee, has been
401	401	3 convicted of (i) a felony; (ii) a misdemeanor, an
402	402	4 essential element of which is dishonesty; or (iii) any
403	403	5 crime that is directly related to the duties of an
404	404	6 employee, a nursing assistant, habilitation aide, or child
405	405	7 care aide.
406	406	8 (b) Notice under this Section shall include a clear and
407	407	9 concise statement of the grounds denoting abuse, neglect,
408	408	10 theft, or other applicable finding, and notice of the
409	409	11 opportunity for a hearing to contest the designation.
410	410	12 (c) The Department shall document criminal history records
411	411	13 check results pursuant to the requirements of this Act.
412	412	14 (d) After the designation of neglect on the Health Care
413	413	15 Worker Registry, made pursuant to this Section, an employee,
414	414	16 or former employee, may petition the Department for removal of
415	415	17 a designation of neglect on the Health Care Worker Registry,
416	416	18 after durations set forth within the Department's notice made
417	417	19 pursuant to subsections (a) and (b) of this Section. Upon
418	418	20 receipt of a petition, the Department may remove the
419	419	21 designation for a finding of neglect after no less than one
420	420	22 year, or the designation of applicable findings set forth by
421	421	23 rule of an employee, or former employee, for minimum durations
422	422	24 set forth by the Department, on the Health Care Worker
423	423	25 Registry unless the Department determines that removal of
424	424	26 designation is not in the public interest. The Department
425	425
426	426
427	427
428	428
429	429
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431	431
432	432
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434	434	HB2830 - 12 - LRB104 08929 AAS 18984 b
435	435	1 shall set forth by rule the discretionary factors by which
436	436	2 designations of employees or former employees may be removed.
437	437	3 (e) Reports of violations required under this Section
438	438	4 shall be made no later than 5 days after the incident
439	439	5 constituting the violation.
440	440	6 (Source: P.A. 100-432, eff. 8-25-17.)
441	441	7 Section 10. The Criminal Code of 2012 is amended by
442	442	8 changing Section 12-3.05 as follows:
443	443	9 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
444	444	10 Sec. 12-3.05. Aggravated battery.
445	445	11 (a) Offense based on injury. A person commits aggravated
446	446	12 battery when, in committing a battery, other than by the
447	447	13 discharge of a firearm, he or she knowingly does any of the
448	448	14 following:
449	449	15 (1) Causes great bodily harm or permanent disability
450	450	16 or disfigurement.
451	451	17 (2) Causes severe and permanent disability, great
452	452	18 bodily harm, or disfigurement by means of a caustic or
453	453	19 flammable substance, a poisonous gas, a deadly biological
454	454	20 or chemical contaminant or agent, a radioactive substance,
455	455	21 or a bomb or explosive compound.
456	456	22 (3) Causes great bodily harm or permanent disability
457	457	23 or disfigurement to an individual whom the person knows to
458	458	24 be a peace officer, community policing volunteer, fireman,
459	459
460	460
461	461
462	462
463	463
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465	465
466	466
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468	468	HB2830 - 13 - LRB104 08929 AAS 18984 b
469	469	1 private security officer, correctional institution
470	470	2 employee, or Department of Human Services employee
471	471	3 supervising or controlling sexually dangerous persons or
472	472	4 sexually violent persons:
473	473	5 (i) performing his or her official duties;
474	474	6 (ii) battered to prevent performance of his or her
475	475	7 official duties; or
476	476	8 (iii) battered in retaliation for performing his
477	477	9 or her official duties.
478	478	10 (4) Causes great bodily harm or permanent disability
479	479	11 or disfigurement to an individual 60 years of age or
480	480	12 older.
481	481	13 (5) Strangles another individual.
482	482	14 (b) Offense based on injury to a child or person with an
483	483	15 intellectual disability. A person who is at least 18 years of
484	484	16 age commits aggravated battery when, in committing a battery,
485	485	17 he or she knowingly and without legal justification by any
486	486	18 means:
487	487	19 (1) causes great bodily harm or permanent disability
488	488	20 or disfigurement to any child under the age of 13 years, or
489	489	21 to any person with a severe or profound intellectual
490	490	22 disability; or
491	491	23 (2) causes bodily harm or disability or disfigurement
492	492	24 to any child under the age of 13 years or to any person
493	493	25 with a severe or profound intellectual disability.
494	494	26 (c) Offense based on location of conduct. A person commits
495	495
496	496
497	497
498	498
499	499
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501	501
502	502
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504	504	HB2830 - 14 - LRB104 08929 AAS 18984 b
505	505	1 aggravated battery when, in committing a battery, other than
506	506	2 by the discharge of a firearm, he or she is or the person
507	507	3 battered is on or about a public way, public property, a public
508	508	4 place of accommodation or amusement, a sports venue, or a
509	509	5 domestic violence shelter, or in a church, synagogue, mosque,
510	510	6 or other building, structure, or place used for religious
511	511	7 worship.
512	512	8 (d) Offense based on status of victim. A person commits
513	513	9 aggravated battery when, in committing a battery, other than
514	514	10 by discharge of a firearm, he or she knows the individual
515	515	11 battered to be any of the following:
516	516	12 (1) A person 60 years of age or older.
517	517	13 (2) A person who is pregnant or has a physical
518	518	14 disability.
519	519	15 (3) A teacher or school employee upon school grounds
520	520	16 or grounds adjacent to a school or in any part of a
521	521	17 building used for school purposes.
522	522	18 (4) A peace officer, community policing volunteer,
523	523	19 fireman, private security officer, correctional
524	524	20 institution employee, or Department of Human Services
525	525	21 employee supervising or controlling sexually dangerous
526	526	22 persons or sexually violent persons:
527	527	23 (i) performing his or her official duties;
528	528	24 (ii) battered to prevent performance of his or her
529	529	25 official duties; or
530	530	26 (iii) battered in retaliation for performing his
531	531
532	532
533	533
534	534
535	535
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537	537
538	538
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540	540	HB2830 - 15 - LRB104 08929 AAS 18984 b
541	541	1 or her official duties.
542	542	2 (5) A judge, emergency management worker, emergency
543	543	3 medical services personnel, or utility worker:
544	544	4 (i) performing his or her official duties;
545	545	5 (ii) battered to prevent performance of his or her
546	546	6 official duties; or
547	547	7 (iii) battered in retaliation for performing his
548	548	8 or her official duties.
549	549	9 (6) An officer or employee of the State of Illinois, a
550	550	10 unit of local government, or a school district, while
551	551	11 performing his or her official duties.
552	552	12 (7) A transit employee performing his or her official
553	553	13 duties, or a transit passenger.
554	554	14 (8) A taxi driver on duty.
555	555	15 (9) A merchant who detains the person for an alleged
556	556	16 commission of retail theft under Section 16-26 of this
557	557	17 Code and the person without legal justification by any
558	558	18 means causes bodily harm to the merchant.
559	559	19 (10) A person authorized to serve process under
560	560	20 Section 2-202 of the Code of Civil Procedure or a special
561	561	21 process server appointed by the circuit court while that
562	562	22 individual is in the performance of his or her duties as a
563	563	23 process server.
564	564	24 (11) A nurse while in the performance of his or her
565	565	25 duties as a nurse.
566	566	26 (12) A merchant: (i) while performing his or her
567	567
568	568
569	569
570	570
571	571
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573	573
574	574
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576	576	HB2830 - 16 - LRB104 08929 AAS 18984 b
577	577	1 duties, including, but not limited to, relaying directions
578	578	2 for healthcare or safety from his or her supervisor or
579	579	3 employer or relaying health or safety guidelines,
580	580	4 recommendations, regulations, or rules from a federal,
581	581	5 State, or local public health agency; and (ii) during a
582	582	6 disaster declared by the Governor, or a state of emergency
583	583	7 declared by the mayor of the municipality in which the
584	584	8 merchant is located, due to a public health emergency and
585	585	9 for a period of 6 months after such declaration.
586	586	10 (13) A patient at an Illinois Department of Human
587	587	11 Services facility who is battered by an employee of the
588	588	12 Illinois Department of Human Services.
589	589	13 (14) A recipient at a community-integrated living
590	590	14 arrangement, as defined in the Community-Integrated Living
591	591	15 Arrangements Licensure and Certification Act, who is
592	592	16 battered by an employee of the community-integrated living
593	593	17 arrangement.
594	594	18 (e) Offense based on use of a firearm. A person commits
595	595	19 aggravated battery when, in committing a battery, he or she
596	596	20 knowingly does any of the following:
597	597	21 (1) Discharges a firearm, other than a machine gun or
598	598	22 a firearm equipped with a silencer, and causes any injury
599	599	23 to another person.
600	600	24 (2) 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 a peace officer,
603	603
604	604
605	605
606	606
607	607
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609	609
610	610
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612	612	HB2830 - 17 - LRB104 08929 AAS 18984 b
613	613	1 community policing volunteer, person summoned by a police
614	614	2 officer, fireman, private security officer, correctional
615	615	3 institution employee, or emergency management worker:
616	616	4 (i) performing his or her official duties;
617	617	5 (ii) battered to prevent performance of his or her
618	618	6 official duties; or
619	619	7 (iii) battered in retaliation for performing his
620	620	8 or her official duties.
621	621	9 (3) Discharges a firearm, other than a machine gun or
622	622	10 a firearm equipped with a silencer, and causes any injury
623	623	11 to a person he or she knows to be emergency medical
624	624	12 services personnel:
625	625	13 (i) performing his or her official duties;
626	626	14 (ii) battered to prevent performance of his or her
627	627	15 official duties; or
628	628	16 (iii) battered in retaliation for performing his
629	629	17 or her official duties.
630	630	18 (4) Discharges a firearm and causes any injury to a
631	631	19 person he or she knows to be a teacher, a student in a
632	632	20 school, or a school employee, and the teacher, student, or
633	633	21 employee is upon school grounds or grounds adjacent to a
634	634	22 school or in any part of a building used for school
635	635	23 purposes.
636	636	24 (5) Discharges a machine gun or a firearm equipped
637	637	25 with a silencer, and causes any injury to another person.
638	638	26 (6) Discharges a machine gun or a firearm equipped
639	639
640	640
641	641
642	642
643	643
644	644	HB2830 - 17 - LRB104 08929 AAS 18984 b
645	645
646	646
647	647	HB2830- 18 -LRB104 08929 AAS 18984 b HB2830 - 18 - LRB104 08929 AAS 18984 b
648	648	HB2830 - 18 - LRB104 08929 AAS 18984 b
649	649	1 with a silencer, and causes any injury to a person he or
650	650	2 she knows to be a peace officer, community policing
651	651	3 volunteer, person summoned by a police officer, fireman,
652	652	4 private security officer, correctional institution
653	653	5 employee or emergency management worker:
654	654	6 (i) performing his or her official duties;
655	655	7 (ii) battered to prevent performance of his or her
656	656	8 official duties; or
657	657	9 (iii) battered in retaliation for performing his
658	658	10 or her official duties.
659	659	11 (7) Discharges a machine gun or a firearm equipped
660	660	12 with a silencer, and causes any injury to a person he or
661	661	13 she knows to be emergency medical services personnel:
662	662	14 (i) performing his or her official duties;
663	663	15 (ii) battered to prevent performance of his or her
664	664	16 official duties; or
665	665	17 (iii) battered in retaliation for performing his
666	666	18 or her official duties.
667	667	19 (8) Discharges a machine gun or a firearm equipped
668	668	20 with a silencer, and causes any injury to a person he or
669	669	21 she knows to be a teacher, or a student in a school, or a
670	670	22 school employee, and the teacher, student, or employee is
671	671	23 upon school grounds or grounds adjacent to a school or in
672	672	24 any part of a building used for school purposes.
673	673	25 (f) Offense based on use of a weapon or device. A person
674	674	26 commits aggravated battery when, in committing a battery, he
675	675
676	676
677	677
678	678
679	679
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681	681
682	682
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684	684	HB2830 - 19 - LRB104 08929 AAS 18984 b
685	685	1 or she does any of the following:
686	686	2 (1) Uses a deadly weapon other than by discharge of a
687	687	3 firearm, or uses an air rifle as defined in Section
688	688	4 24.8-0.1 of this Code.
689	689	5 (2) Wears a hood, robe, or mask to conceal his or her
690	690	6 identity.
691	691	7 (3) Knowingly and without lawful justification shines
692	692	8 or flashes a laser gunsight or other laser device attached
693	693	9 to a firearm, or used in concert with a firearm, so that
694	694	10 the laser beam strikes upon or against the person of
695	695	11 another.
696	696	12 (4) Knowingly video or audio records the offense with
697	697	13 the intent to disseminate the recording.
698	698	14 (g) Offense based on certain conduct. A person commits
699	699	15 aggravated battery when, other than by discharge of a firearm,
700	700	16 he or she does any of the following:
701	701	17 (1) Violates Section 401 of the Illinois Controlled
702	702	18 Substances Act by unlawfully delivering a controlled
703	703	19 substance to another and any user experiences great bodily
704	704	20 harm or permanent disability as a result of the injection,
705	705	21 inhalation, or ingestion of any amount of the controlled
706	706	22 substance.
707	707	23 (2) Knowingly administers to an individual or causes
708	708	24 him or her to take, without his or her consent or by threat
709	709	25 or deception, and for other than medical purposes, any
710	710	26 intoxicating, poisonous, stupefying, narcotic,
711	711
712	712
713	713
714	714
715	715
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717	717
718	718
719	719	HB2830- 20 -LRB104 08929 AAS 18984 b HB2830 - 20 - LRB104 08929 AAS 18984 b
720	720	HB2830 - 20 - LRB104 08929 AAS 18984 b
721	721	1 anesthetic, or controlled substance, or gives to another
722	722	2 person any food containing any substance or object
723	723	3 intended to cause physical injury if eaten.
724	724	4 (3) Knowingly causes or attempts to cause a
725	725	5 correctional institution employee or Department of Human
726	726	6 Services employee to come into contact with blood, seminal
727	727	7 fluid, urine, or feces by throwing, tossing, or expelling
728	728	8 the fluid or material, and the person is an inmate of a
729	729	9 penal institution or is a sexually dangerous person or
730	730	10 sexually violent person in the custody of the Department
731	731	11 of Human Services.
732	732	12 (h) Sentence. Unless otherwise provided, aggravated
733	733	13 battery is a Class 3 felony.
734	734	14 Aggravated battery as defined in subdivision (a)(4),
735	735	15 (d)(4), (d)(13), (d)(14), or (g)(3) is a Class 2 felony.
736	736	16 Aggravated battery as defined in subdivision (a)(3) or
737	737	17 (g)(1) is a Class 1 felony.
738	738	18 Aggravated battery as defined in subdivision (a)(1) is a
739	739	19 Class 1 felony when the aggravated battery was intentional and
740	740	20 involved the infliction of torture, as defined in paragraph
741	741	21 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code
742	742	22 of Corrections, as the infliction of or subjection to extreme
743	743	23 physical pain, motivated by an intent to increase or prolong
744	744	24 the pain, suffering, or agony of the victim.
745	745	25 Aggravated battery as defined in subdivision (a)(1) is a
746	746	26 Class 2 felony when the person causes great bodily harm or
747	747
748	748
749	749
750	750
751	751
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753	753
754	754
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756	756	HB2830 - 21 - LRB104 08929 AAS 18984 b
757	757	1 permanent disability to an individual whom the person knows to
758	758	2 be a member of a congregation engaged in prayer or other
759	759	3 religious activities at a church, synagogue, mosque, or other
760	760	4 building, structure, or place used for religious worship.
761	761	5 Aggravated battery under subdivision (a)(5) is a Class 1
762	762	6 felony if:
763	763	7 (A) the person used or attempted to use a dangerous
764	764	8 instrument while committing the offense;
765	765	9 (B) the person caused great bodily harm or permanent
766	766	10 disability or disfigurement to the other person while
767	767	11 committing the offense; or
768	768	12 (C) the person has been previously convicted of a
769	769	13 violation of subdivision (a)(5) under the laws of this
770	770	14 State or laws similar to subdivision (a)(5) of any other
771	771	15 state.
772	772	16 Aggravated battery as defined in subdivision (e)(1) is a
773	773	17 Class X felony.
774	774	18 Aggravated battery as defined in subdivision (a)(2) is a
775	775	19 Class X felony for which a person shall be sentenced to a term
776	776	20 of imprisonment of a minimum of 6 years and a maximum of 45
777	777	21 years.
778	778	22 Aggravated battery as defined in subdivision (e)(5) is a
779	779	23 Class X felony for which a person shall be sentenced to a term
780	780	24 of imprisonment of a minimum of 12 years and a maximum of 45
781	781	25 years.
782	782	26 Aggravated battery as defined in subdivision (e)(2),
783	783
784	784
785	785
786	786
787	787
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789	789
790	790
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792	792	HB2830 - 22 - LRB104 08929 AAS 18984 b
793	793	1 (e)(3), or (e)(4) is a Class X felony for which a person shall
794	794	2 be sentenced to a term of imprisonment of a minimum of 15 years
795	795	3 and a maximum of 60 years.
796	796	4 Aggravated battery as defined in subdivision (e)(6),
797	797	5 (e)(7), or (e)(8) is a Class X felony for which a person shall
798	798	6 be sentenced to a term of imprisonment of a minimum of 20 years
799	799	7 and a maximum of 60 years.
800	800	8 Aggravated battery as defined in subdivision (b)(1) is a
801	801	9 Class X felony, except that:
802	802	10 (1) if the person committed the offense while armed
803	803	11 with a firearm, 15 years shall be added to the term of
804	804	12 imprisonment imposed by the court;
805	805	13 (2) if, during the commission of the offense, the
806	806	14 person personally discharged a firearm, 20 years shall be
807	807	15 added to the term of imprisonment imposed by the court;
808	808	16 (3) if, during the commission of the offense, the
809	809	17 person personally discharged a firearm that proximately
810	810	18 caused great bodily harm, permanent disability, permanent
811	811	19 disfigurement, or death to another person, 25 years or up
812	812	20 to a term of natural life shall be added to the term of
813	813	21 imprisonment imposed by the court.
814	814	22 (i) Definitions. In this Section:
815	815	23 "Building or other structure used to provide shelter" has
816	816	24 the meaning ascribed to "shelter" in Section 1 of the Domestic
817	817	25 Violence Shelters Act.
818	818	26 "Domestic violence" has the meaning ascribed to it in
819	819
820	820
821	821
822	822
823	823
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825	825
826	826
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828	828	HB2830 - 23 - LRB104 08929 AAS 18984 b
829	829
830	830
831	831
832	832
833	833
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