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Illinois House Bill HB3458

Illinois 2025-2026 Regular Session

Illinois House Bill HB3458 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3458 Introduced , by Rep. Lisa Davis SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Criminal Code of 2012. Provides that it is a defense to aggravated battery when the individual battered is a peace officer and the officer responded to an incident in which the officer interacted with a person whom a reasonable officer could believe was having a mental health episode and the person with whom the officer interacted has a documented mental illness and acted abruptly. LRB104 08642 RLC 18695 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3458 Introduced , by Rep. Lisa Davis SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Amends the Criminal Code of 2012. Provides that it is a defense to aggravated battery when the individual battered is a peace officer and the officer responded to an incident in which the officer interacted with a person whom a reasonable officer could believe was having a mental health episode and the person with whom the officer interacted has a documented mental illness and acted abruptly. LRB104 08642 RLC 18695 b LRB104 08642 RLC 18695 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3458 Introduced , by Rep. Lisa Davis SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
44 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
55 Amends the Criminal Code of 2012. Provides that it is a defense to aggravated battery when the individual battered is a peace officer and the officer responded to an incident in which the officer interacted with a person whom a reasonable officer could believe was having a mental health episode and the person with whom the officer interacted has a documented mental illness and acted abruptly.
66 LRB104 08642 RLC 18695 b LRB104 08642 RLC 18695 b
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 12-3.05 as follows:
1616 6 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
1717 7 Sec. 12-3.05. Aggravated battery.
1818 8 (a) Offense based on injury. A person commits aggravated
1919 9 battery when, in committing a battery, other than by the
2020 10 discharge of a firearm, he or she knowingly does any of the
2121 11 following:
2222 12 (1) Causes great bodily harm or permanent disability
2323 13 or disfigurement.
2424 14 (2) Causes severe and permanent disability, great
2525 15 bodily harm, or disfigurement by means of a caustic or
2626 16 flammable substance, a poisonous gas, a deadly biological
2727 17 or chemical contaminant or agent, a radioactive substance,
2828 18 or a bomb or explosive compound.
2929 19 (3) Causes great bodily harm or permanent disability
3030 20 or disfigurement to an individual whom the person knows to
3131 21 be a peace officer, community policing volunteer, fireman,
3232 22 private security officer, correctional institution
3333 23 employee, or Department of Human Services employee
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3458 Introduced , by Rep. Lisa Davis SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
3939 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
4040 Amends the Criminal Code of 2012. Provides that it is a defense to aggravated battery when the individual battered is a peace officer and the officer responded to an incident in which the officer interacted with a person whom a reasonable officer could believe was having a mental health episode and the person with whom the officer interacted has a documented mental illness and acted abruptly.
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6868 1 supervising or controlling sexually dangerous persons or
6969 2 sexually violent persons:
7070 3 (i) performing his or her official duties;
7171 4 (ii) battered to prevent performance of his or her
7272 5 official duties; or
7373 6 (iii) battered in retaliation for performing his
7474 7 or her official duties.
7575 8 (4) Causes great bodily harm or permanent disability
7676 9 or disfigurement to an individual 60 years of age or
7777 10 older.
7878 11 (5) Strangles another individual.
7979 12 (b) Offense based on injury to a child or person with an
8080 13 intellectual disability. A person who is at least 18 years of
8181 14 age commits aggravated battery when, in committing a battery,
8282 15 he or she knowingly and without legal justification by any
8383 16 means:
8484 17 (1) causes great bodily harm or permanent disability
8585 18 or disfigurement to any child under the age of 13 years, or
8686 19 to any person with a severe or profound intellectual
8787 20 disability; or
8888 21 (2) causes bodily harm or disability or disfigurement
8989 22 to any child under the age of 13 years or to any person
9090 23 with a severe or profound intellectual disability.
9191 24 (c) Offense based on location of conduct. A person commits
9292 25 aggravated battery when, in committing a battery, other than
9393 26 by the discharge of a firearm, he or she is or the person
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104104 1 battered is on or about a public way, public property, a public
105105 2 place of accommodation or amusement, a sports venue, or a
106106 3 domestic violence shelter, or in a church, synagogue, mosque,
107107 4 or other building, structure, or place used for religious
108108 5 worship.
109109 6 (d) Offense based on status of victim. A person commits
110110 7 aggravated battery when, in committing a battery, other than
111111 8 by discharge of a firearm, he or she knows the individual
112112 9 battered to be any of the following:
113113 10 (1) A person 60 years of age or older.
114114 11 (2) A person who is pregnant or has a physical
115115 12 disability.
116116 13 (3) A teacher or school employee upon school grounds
117117 14 or grounds adjacent to a school or in any part of a
118118 15 building used for school purposes.
119119 16 (4) A peace officer, community policing volunteer,
120120 17 fireman, private security officer, correctional
121121 18 institution employee, or Department of Human Services
122122 19 employee supervising or controlling sexually dangerous
123123 20 persons or sexually violent persons:
124124 21 (i) performing his or her official duties;
125125 22 (ii) battered to prevent performance of his or her
126126 23 official duties; or
127127 24 (iii) battered in retaliation for performing his
128128 25 or her official duties.
129129 26 (5) A judge, emergency management worker, emergency
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140140 1 medical services personnel, or utility worker:
141141 2 (i) performing his or her official duties;
142142 3 (ii) battered to prevent performance of his or her
143143 4 official duties; or
144144 5 (iii) battered in retaliation for performing his
145145 6 or her official duties.
146146 7 (6) An officer or employee of the State of Illinois, a
147147 8 unit of local government, or a school district, while
148148 9 performing his or her official duties.
149149 10 (7) A transit employee performing his or her official
150150 11 duties, or a transit passenger.
151151 12 (8) A taxi driver on duty.
152152 13 (9) A merchant who detains the person for an alleged
153153 14 commission of retail theft under Section 16-26 of this
154154 15 Code and the person without legal justification by any
155155 16 means causes bodily harm to the merchant.
156156 17 (10) A person authorized to serve process under
157157 18 Section 2-202 of the Code of Civil Procedure or a special
158158 19 process server appointed by the circuit court while that
159159 20 individual is in the performance of his or her duties as a
160160 21 process server.
161161 22 (11) A nurse while in the performance of his or her
162162 23 duties as a nurse.
163163 24 (12) A merchant: (i) while performing his or her
164164 25 duties, including, but not limited to, relaying directions
165165 26 for healthcare or safety from his or her supervisor or
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176176 1 employer or relaying health or safety guidelines,
177177 2 recommendations, regulations, or rules from a federal,
178178 3 State, or local public health agency; and (ii) during a
179179 4 disaster declared by the Governor, or a state of emergency
180180 5 declared by the mayor of the municipality in which the
181181 6 merchant is located, due to a public health emergency and
182182 7 for a period of 6 months after such declaration.
183183 8 (d-1) It is a defense to aggravated battery when the
184184 9 individual battered is a peace officer and the officer
185185 10 responded to an incident in which the officer interacted with
186186 11 a person whom a reasonable officer could believe was having a
187187 12 mental health episode and the person with whom the officer
188188 13 interacted has a documented mental illness and acted abruptly.
189189 14 (e) Offense based on use of a firearm. A person commits
190190 15 aggravated battery when, in committing a battery, he or she
191191 16 knowingly does any of the following:
192192 17 (1) Discharges a firearm, other than a machine gun or
193193 18 a firearm equipped with a silencer, and causes any injury
194194 19 to another person.
195195 20 (2) Discharges a firearm, other than a machine gun or
196196 21 a firearm equipped with a silencer, and causes any injury
197197 22 to a person he or she knows to be a peace officer,
198198 23 community policing volunteer, person summoned by a police
199199 24 officer, fireman, private security officer, correctional
200200 25 institution employee, or emergency management worker:
201201 26 (i) performing his or her official duties;
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212212 1 (ii) battered to prevent performance of his or her
213213 2 official duties; or
214214 3 (iii) battered in retaliation for performing his
215215 4 or her official duties.
216216 5 (3) Discharges a firearm, other than a machine gun or
217217 6 a firearm equipped with a silencer, and causes any injury
218218 7 to a person he or she knows to be emergency medical
219219 8 services personnel:
220220 9 (i) performing his or her official duties;
221221 10 (ii) battered to prevent performance of his or her
222222 11 official duties; or
223223 12 (iii) battered in retaliation for performing his
224224 13 or her official duties.
225225 14 (4) Discharges a firearm and causes any injury to a
226226 15 person he or she knows to be a teacher, a student in a
227227 16 school, or a school employee, and the teacher, student, or
228228 17 employee is upon school grounds or grounds adjacent to a
229229 18 school or in any part of a building used for school
230230 19 purposes.
231231 20 (5) Discharges a machine gun or a firearm equipped
232232 21 with a silencer, and causes any injury to another person.
233233 22 (6) Discharges a machine gun or a firearm equipped
234234 23 with a silencer, and causes any injury to a person he or
235235 24 she knows to be a peace officer, community policing
236236 25 volunteer, person summoned by a police officer, fireman,
237237 26 private security officer, correctional institution
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248248 1 employee or emergency management worker:
249249 2 (i) performing his or her official duties;
250250 3 (ii) battered to prevent performance of his or her
251251 4 official duties; or
252252 5 (iii) battered in retaliation for performing his
253253 6 or her official duties.
254254 7 (7) Discharges a machine gun or a firearm equipped
255255 8 with a silencer, and causes any injury to a person he or
256256 9 she knows to be emergency medical services personnel:
257257 10 (i) performing his or her official duties;
258258 11 (ii) battered to prevent performance of his or her
259259 12 official duties; or
260260 13 (iii) battered in retaliation for performing his
261261 14 or her official duties.
262262 15 (8) Discharges a machine gun or a firearm equipped
263263 16 with a silencer, and causes any injury to a person he or
264264 17 she knows to be a teacher, or a student in a school, or a
265265 18 school employee, and the teacher, student, or employee is
266266 19 upon school grounds or grounds adjacent to a school or in
267267 20 any part of a building used for school purposes.
268268 21 (f) Offense based on use of a weapon or device. A person
269269 22 commits aggravated battery when, in committing a battery, he
270270 23 or she does any of the following:
271271 24 (1) Uses a deadly weapon other than by discharge of a
272272 25 firearm, or uses an air rifle as defined in Section
273273 26 24.8-0.1 of this Code.
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284284 1 (2) Wears a hood, robe, or mask to conceal his or her
285285 2 identity.
286286 3 (3) Knowingly and without lawful justification shines
287287 4 or flashes a laser gunsight or other laser device attached
288288 5 to a firearm, or used in concert with a firearm, so that
289289 6 the laser beam strikes upon or against the person of
290290 7 another.
291291 8 (4) Knowingly video or audio records the offense with
292292 9 the intent to disseminate the recording.
293293 10 (g) Offense based on certain conduct. A person commits
294294 11 aggravated battery when, other than by discharge of a firearm,
295295 12 he or she does any of the following:
296296 13 (1) Violates Section 401 of the Illinois Controlled
297297 14 Substances Act by unlawfully delivering a controlled
298298 15 substance to another and any user experiences great bodily
299299 16 harm or permanent disability as a result of the injection,
300300 17 inhalation, or ingestion of any amount of the controlled
301301 18 substance.
302302 19 (2) Knowingly administers to an individual or causes
303303 20 him or her to take, without his or her consent or by threat
304304 21 or deception, and for other than medical purposes, any
305305 22 intoxicating, poisonous, stupefying, narcotic,
306306 23 anesthetic, or controlled substance, or gives to another
307307 24 person any food containing any substance or object
308308 25 intended to cause physical injury if eaten.
309309 26 (3) Knowingly causes or attempts to cause a
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320320 1 correctional institution employee or Department of Human
321321 2 Services employee to come into contact with blood, seminal
322322 3 fluid, urine, or feces by throwing, tossing, or expelling
323323 4 the fluid or material, and the person is an inmate of a
324324 5 penal institution or is a sexually dangerous person or
325325 6 sexually violent person in the custody of the Department
326326 7 of Human Services.
327327 8 (h) Sentence. Unless otherwise provided, aggravated
328328 9 battery is a Class 3 felony.
329329 10 Aggravated battery as defined in subdivision (a)(4),
330330 11 (d)(4), or (g)(3) is a Class 2 felony.
331331 12 Aggravated battery as defined in subdivision (a)(3) or
332332 13 (g)(1) is a Class 1 felony.
333333 14 Aggravated battery as defined in subdivision (a)(1) is a
334334 15 Class 1 felony when the aggravated battery was intentional and
335335 16 involved the infliction of torture, as defined in paragraph
336336 17 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code
337337 18 of Corrections, as the infliction of or subjection to extreme
338338 19 physical pain, motivated by an intent to increase or prolong
339339 20 the pain, suffering, or agony of the victim.
340340 21 Aggravated battery as defined in subdivision (a)(1) is a
341341 22 Class 2 felony when the person causes great bodily harm or
342342 23 permanent disability to an individual whom the person knows to
343343 24 be a member of a congregation engaged in prayer or other
344344 25 religious activities at a church, synagogue, mosque, or other
345345 26 building, structure, or place used for religious worship.
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356356 1 Aggravated battery under subdivision (a)(5) is a Class 1
357357 2 felony if:
358358 3 (A) the person used or attempted to use a dangerous
359359 4 instrument while committing the offense;
360360 5 (B) the person caused great bodily harm or permanent
361361 6 disability or disfigurement to the other person while
362362 7 committing the offense; or
363363 8 (C) the person has been previously convicted of a
364364 9 violation of subdivision (a)(5) under the laws of this
365365 10 State or laws similar to subdivision (a)(5) of any other
366366 11 state.
367367 12 Aggravated battery as defined in subdivision (e)(1) is a
368368 13 Class X felony.
369369 14 Aggravated battery as defined in subdivision (a)(2) is a
370370 15 Class X felony for which a person shall be sentenced to a term
371371 16 of imprisonment of a minimum of 6 years and a maximum of 45
372372 17 years.
373373 18 Aggravated battery as defined in subdivision (e)(5) is a
374374 19 Class X felony for which a person shall be sentenced to a term
375375 20 of imprisonment of a minimum of 12 years and a maximum of 45
376376 21 years.
377377 22 Aggravated battery as defined in subdivision (e)(2),
378378 23 (e)(3), or (e)(4) is a Class X felony for which a person shall
379379 24 be sentenced to a term of imprisonment of a minimum of 15 years
380380 25 and a maximum of 60 years.
381381 26 Aggravated battery as defined in subdivision (e)(6),
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392392 1 (e)(7), or (e)(8) is a Class X felony for which a person shall
393393 2 be sentenced to a term of imprisonment of a minimum of 20 years
394394 3 and a maximum of 60 years.
395395 4 Aggravated battery as defined in subdivision (b)(1) is a
396396 5 Class X felony, except that:
397397 6 (1) if the person committed the offense while armed
398398 7 with a firearm, 15 years shall be added to the term of
399399 8 imprisonment imposed by the court;
400400 9 (2) if, during the commission of the offense, the
401401 10 person personally discharged a firearm, 20 years shall be
402402 11 added to the term of imprisonment imposed by the court;
403403 12 (3) if, during the commission of the offense, the
404404 13 person personally discharged a firearm that proximately
405405 14 caused great bodily harm, permanent disability, permanent
406406 15 disfigurement, or death to another person, 25 years or up
407407 16 to a term of natural life shall be added to the term of
408408 17 imprisonment imposed by the court.
409409 18 (i) Definitions. In this Section:
410410 19 "Building or other structure used to provide shelter" has
411411 20 the meaning ascribed to "shelter" in Section 1 of the Domestic
412412 21 Violence Shelters Act.
413413 22 "Domestic violence" has the meaning ascribed to it in
414414 23 Section 103 of the Illinois Domestic Violence Act of 1986.
415415 24 "Domestic violence shelter" means any building or other
416416 25 structure used to provide shelter or other services to victims
417417 26 or to the dependent children of victims of domestic violence
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