Rep. Jay Hoffman
Filed: 5/22/2020
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 471
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 471 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Public Employee Disability Act is amended | ||||||
| 5 | by changing Section 1 as follows:
| ||||||
| 6 | (5 ILCS 345/1) (from Ch. 70, par. 91)
| ||||||
| 7 | Sec. 1. Disability benefit.
| ||||||
| 8 | (a) For the purposes of this Section, "eligible employee" | ||||||
| 9 | means any
part-time or full-time State correctional officer or | ||||||
| 10 | any other full or
part-time employee of the Department of | ||||||
| 11 | Corrections, any full or part-time
employee of the Prisoner | ||||||
| 12 | Review Board, any full or part-time employee of the
Department | ||||||
| 13 | of Human Services working within a
penal institution or a State | ||||||
| 14 | mental health or developmental
disabilities facility operated | ||||||
| 15 | by the Department of Human Services, and any
full-time law | ||||||
| 16 | enforcement officer or
full-time firefighter, including a | ||||||
| |||||||
| |||||||
| 1 | full-time paramedic or a firefighter who performs paramedic | ||||||
| 2 | duties, who is employed by the State of Illinois, any unit of
| ||||||
| 3 | local government (including any home rule unit), any State | ||||||
| 4 | supported college or
university, or any other public entity | ||||||
| 5 | granted the power to employ persons for
such purposes by law.
| ||||||
| 6 | (b) Whenever an eligible employee suffers any injury in the | ||||||
| 7 | line of duty
which causes him to be unable to perform his | ||||||
| 8 | duties, he shall continue to be
paid by the employing public | ||||||
| 9 | entity on the same basis as he was paid before the
injury, with | ||||||
| 10 | no deduction from his sick leave credits, compensatory time for
| ||||||
| 11 | overtime accumulations or vacation, or service credits in a | ||||||
| 12 | public employee
pension fund during the time he is unable to | ||||||
| 13 | perform his duties due to the
result of the injury, but not | ||||||
| 14 | longer than one year in relation to the same
injury, except as | ||||||
| 15 | otherwise provided under subsection (b-5). However, no injury | ||||||
| 16 | to an employee of the Department
of Corrections or
the Prisoner | ||||||
| 17 | Review Board working within a penal institution or an employee | ||||||
| 18 | of
the Department of Human Services working within a
| ||||||
| 19 | departmental mental health or developmental disabilities | ||||||
| 20 | facility shall
qualify the employee for benefits under this | ||||||
| 21 | Section unless the
injury is the
direct or indirect result of | ||||||
| 22 | violence by inmates of the penal institution or
residents of | ||||||
| 23 | the mental health or developmental
disabilities facility.
| ||||||
| 24 | (b-5) Upon the occurrence of circumstances, directly or | ||||||
| 25 | indirectly attributable to COVID-19, occurring on or after | ||||||
| 26 | March 9, 2020 and on or before December 31, 2020 which would | ||||||
| |||||||
| |||||||
| 1 | hinder the physical recovery from an injury of an eligible | ||||||
| 2 | employee within the one-year period as required under | ||||||
| 3 | subsection (b), the eligible employee shall be entitled to an | ||||||
| 4 | extension of no longer than 60 days by which he or she shall | ||||||
| 5 | continue to be paid by the employing public entity on the same | ||||||
| 6 | basis as he or she was paid before the injury. The employing | ||||||
| 7 | public entity may require proof of the circumstances hindering | ||||||
| 8 | an eligible employee's physical recovery before granting the | ||||||
| 9 | extension provided under this subsection (b-5). | ||||||
| 10 | (c) At any time during the period for which continuing | ||||||
| 11 | compensation
is required by this Act, the employing public | ||||||
| 12 | entity may order at the
expense of that entity physical or | ||||||
| 13 | medical examinations of the injured
person to determine the | ||||||
| 14 | degree of disability.
| ||||||
| 15 | (d) During this period of disability, the injured person | ||||||
| 16 | shall not
be employed in any other manner, with or without | ||||||
| 17 | monetary compensation.
Any person who is employed in violation | ||||||
| 18 | of this paragraph forfeits the
continuing compensation | ||||||
| 19 | provided by this Act from the time such
employment begins. Any | ||||||
| 20 | salary compensation due the injured person from
workers' | ||||||
| 21 | compensation or any salary due him from any type of insurance
| ||||||
| 22 | which may be carried by the employing public entity shall | ||||||
| 23 | revert to that
entity during the time for which continuing | ||||||
| 24 | compensation is paid to him
under this Act. Any person with a | ||||||
| 25 | disability receiving compensation under the
provisions of this | ||||||
| 26 | Act shall not be entitled to any benefits for which
he would | ||||||
| |||||||
| |||||||
| 1 | qualify because of his disability under the provisions of the
| ||||||
| 2 | Illinois Pension Code.
| ||||||
| 3 | (e) Any employee of the State of Illinois, as defined in | ||||||
| 4 | Section 14-103.05
of the Illinois Pension Code, who becomes | ||||||
| 5 | permanently unable to perform the
duties of such employment due | ||||||
| 6 | to an injury received in the active performance
of his duties | ||||||
| 7 | as a State employee as a result of a willful act of violence by
| ||||||
| 8 | another employee of the State of Illinois, as so defined, | ||||||
| 9 | committed during such
other employee's course of employment and | ||||||
| 10 | after January 1, 1988, shall be
eligible for benefits pursuant | ||||||
| 11 | to the provisions of this Section. For purposes
of this | ||||||
| 12 | Section, permanent disability is defined as a diagnosis or | ||||||
| 13 | prognosis of
an inability to return to current job duties by a | ||||||
| 14 | physician licensed to
practice medicine in all of its branches.
| ||||||
| 15 | (f) The compensation and other benefits provided to | ||||||
| 16 | part-time employees
covered by this Section shall be calculated | ||||||
| 17 | based on the percentage of time
the part-time employee was | ||||||
| 18 | scheduled to work pursuant to his or her status as
a part-time | ||||||
| 19 | employee.
| ||||||
| 20 | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||||||
| 21 | Article VII of
the Illinois Constitution, this Act specifically | ||||||
| 22 | denies and limits the exercise
by home rule units of any power | ||||||
| 23 | which is inconsistent herewith, and all
existing laws and | ||||||
| 24 | ordinances which are inconsistent herewith are hereby
| ||||||
| 25 | superseded. This Act does not preempt the concurrent exercise | ||||||
| 26 | by home rule
units of powers consistent herewith.
| ||||||
| |||||||
| |||||||
| 1 | This Act does not apply to any home rule unit with a | ||||||
| 2 | population of over
1,000,000.
| ||||||
| 3 | (h) In those cases where the injury to a State employee for | ||||||
| 4 | which
a benefit is payable under this Act was caused
under | ||||||
| 5 | circumstances creating a legal liability for damages on the | ||||||
| 6 | part
of some person other than the State employer, all of the | ||||||
| 7 | rights
and privileges, including the right to notice of suit | ||||||
| 8 | brought against
such other person and the right to commence or | ||||||
| 9 | join in such suit, as
given the employer, together with the | ||||||
| 10 | conditions or obligations imposed
under paragraph (b) of | ||||||
| 11 | Section 5 of the Workers' Compensation Act,
are also given and | ||||||
| 12 | granted to the State, to the end that, with respect to State | ||||||
| 13 | employees only, the State
may be paid or reimbursed for the | ||||||
| 14 | amount of
benefit paid or
to be paid by the
State to the | ||||||
| 15 | injured employee or his or her personal representative out of | ||||||
| 16 | any
judgment, settlement, or payment
for such injury obtained | ||||||
| 17 | by such injured employee or his
or her personal representative | ||||||
| 18 | from such other person by virtue of the injury. | ||||||
| 19 | (Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
| ||||||
| 20 | Section 10. The Illinois Horse Racing Act of 1975 is | ||||||
| 21 | amended by adding Section 15.5 as follows:
| ||||||
| 22 | (230 ILCS 5/15.5 new) | ||||||
| 23 | Sec. 15.5. Labor agreements. | ||||||
| 24 | (a) This Section applies to each entity subject to this Act | ||||||
| |||||||
| |||||||
| 1 | that has at least 10 employees on average over the 12 months | ||||||
| 2 | preceding application for an organization gaming license. | ||||||
| 3 | (b) Before an organization gaming license may be granted or | ||||||
| 4 | renewed, the applicant or licensee seeking an organization | ||||||
| 5 | gaming license or renewal shall: | ||||||
| 6 | (1) Enter into, and observe, the terms of a collective | ||||||
| 7 | bargaining agreement with any labor organization seeking | ||||||
| 8 | to represent a majority of the licensee's employees in a | ||||||
| 9 | bargaining unit consisting of all non-supervisory and | ||||||
| 10 | non-management employees in the classifications identified | ||||||
| 11 | by the labor organization. Any new employees hired by the | ||||||
| 12 | licensee who perform work substantially similar to current | ||||||
| 13 | employees in an existing bargaining unit already | ||||||
| 14 | represented by a labor organization at the facility shall | ||||||
| 15 | be incorporated into that existing bargaining unit. | ||||||
| 16 | (2) Upon written notice by a labor organization of its | ||||||
| 17 | desire to represent employees in a designated bargaining | ||||||
| 18 | unit, the licensee shall: | ||||||
| 19 | (A) provide the names, classifications, and home | ||||||
| 20 | addresses of each and every employee in the identified | ||||||
| 21 | bargaining unit; | ||||||
| 22 | (B) refrain from expressing any views on the | ||||||
| 23 | question whether its employees should be represented | ||||||
| 24 | by a labor organization; | ||||||
| 25 | (C) refrain from restraining or coercing its | ||||||
| 26 | employees in choosing to be represented or not | ||||||
| |||||||
| |||||||
| 1 | represented by a labor organization; and | ||||||
| 2 | (D) allow designated representatives of the labor | ||||||
| 3 | organization access to its non-work areas for the | ||||||
| 4 | purpose of meeting privately with its employees during | ||||||
| 5 | non-working times. | ||||||
| 6 | (3) Upon a showing of majority interest, to be | ||||||
| 7 | certified through card check by the Federal Mediation and | ||||||
| 8 | Conciliation Service or from a designated arbitrator from a | ||||||
| 9 | permanent panel of arbitrators appointed by the Illinois | ||||||
| 10 | Racing Board, the licensee and the labor organization shall | ||||||
| 11 | immediately enter into negotiations for a collective | ||||||
| 12 | bargaining agreement. | ||||||
| 13 | (4) If the parties are unable to conclude a labor | ||||||
| 14 | agreement within 60 days following the date of | ||||||
| 15 | certification, the terms of the agreement shall be set by | ||||||
| 16 | an arbitrator jointly selected by the parties from a panel | ||||||
| 17 | of arbitrators designated by the Illinois Racing Board, who | ||||||
| 18 | shall issue a final and binding award within 120 days after | ||||||
| 19 | the date of certification, if the parties fail to conclude | ||||||
| 20 | an agreement by that date. Except with regard to the | ||||||
| 21 | minimum requirements in paragraph (5), the arbitrator | ||||||
| 22 | shall be guided by the terms of labor agreements covering | ||||||
| 23 | the same or similar classifications of employees within 100 | ||||||
| 24 | miles of the facility or facilities for which the agreement | ||||||
| 25 | is negotiated. The arbitrator shall also resolve all | ||||||
| 26 | disputes regarding the scope and composition of the | ||||||
| |||||||
| |||||||
| 1 | bargaining unit covered under the labor agreement. The | ||||||
| 2 | licensee and the labor organization shall share equally the | ||||||
| 3 | expenses of the arbitrator. No labor agreement shall cover | ||||||
| 4 | employees in a bargaining unit for which another labor | ||||||
| 5 | organization has been certified as a bargaining | ||||||
| 6 | representative under this Act and that continues to | ||||||
| 7 | actively represent such employees. | ||||||
| 8 | (5) All labor agreements required under this Section | ||||||
| 9 | shall, at a minimum, include a: | ||||||
| 10 | (A) term of at least 3 years; | ||||||
| 11 | (B) prohibition on strikes or other work stoppages | ||||||
| 12 | by the labor organization and the represented | ||||||
| 13 | employees during the term of the labor agreement; and | ||||||
| 14 | (C) restriction on subcontracting any work | ||||||
| 15 | performed on or about the licensee's premises as part | ||||||
| 16 | of its normal operations except by mutual agreement | ||||||
| 17 | with the labor organization, and then only to a person | ||||||
| 18 | or firm that is signatory to a labor agreement with a | ||||||
| 19 | labor organization that has indicated its interest in | ||||||
| 20 | representing the employees of the subcontractor, | ||||||
| 21 | provided, the subcontractor's employees are not | ||||||
| 22 | lawfully represented by another labor organization. | ||||||
| 23 | (6) A copy of the fully executed labor agreement shall | ||||||
| 24 | be submitted to the Illinois Racing Board prior to the | ||||||
| 25 | issuance or renewal of any organization gaming license | ||||||
| 26 | required under this Act. | ||||||
| |||||||
| |||||||
| 1 | (c) Upon the expiration of a labor agreement required under | ||||||
| 2 | this Section, the parties shall negotiate a successor agreement | ||||||
| 3 | under the procedures set forth in paragraphs (4) and (5) of | ||||||
| 4 | subsection (b), except that the negotiation and arbitration | ||||||
| 5 | procedures shall commence upon the last effective day of the | ||||||
| 6 | expiring labor agreement. | ||||||
| 7 | (d) The provisions of this Section, except for paragraph | ||||||
| 8 | (2) of subsection (b), do not apply to any entity that is | ||||||
| 9 | covered, or subsequently becomes covered, under the National | ||||||
| 10 | Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in | ||||||
| 11 | this Act shall affect or diminish the validity and | ||||||
| 12 | enforceability of any collective bargaining agreement entered | ||||||
| 13 | into during the period that this Act applies.
| ||||||
| 14 | Section 15. The Criminal Code of 2012 is amended by | ||||||
| 15 | changing Section 12-3.05 as follows:
| ||||||
| 16 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
| 17 | Sec. 12-3.05. Aggravated battery.
| ||||||
| 18 | (a) Offense based on injury. A person commits aggravated | ||||||
| 19 | battery when, in committing a battery, other than by the | ||||||
| 20 | discharge of a firearm, he or she knowingly does any of the | ||||||
| 21 | following: | ||||||
| 22 | (1) Causes great bodily harm or permanent disability or | ||||||
| 23 | disfigurement. | ||||||
| 24 | (2) Causes severe and permanent disability, great | ||||||
| |||||||
| |||||||
| 1 | bodily harm, or disfigurement by means of a caustic or | ||||||
| 2 | flammable substance, a poisonous gas, a deadly biological | ||||||
| 3 | or chemical contaminant or agent, a radioactive substance, | ||||||
| 4 | or a bomb or explosive compound. | ||||||
| 5 | (3) Causes great bodily harm or permanent disability or | ||||||
| 6 | disfigurement to an individual whom the person knows to be | ||||||
| 7 | a peace officer, community policing volunteer, fireman, | ||||||
| 8 | private security officer, correctional institution | ||||||
| 9 | employee, or Department of Human Services employee | ||||||
| 10 | supervising or controlling sexually dangerous persons or | ||||||
| 11 | sexually violent persons: | ||||||
| 12 | (i) performing his or her official duties; | ||||||
| 13 | (ii) battered to prevent performance of his or her | ||||||
| 14 | official duties; or | ||||||
| 15 | (iii) battered in retaliation for performing his | ||||||
| 16 | or her official duties. | ||||||
| 17 | (4) Causes great bodily harm or permanent disability or | ||||||
| 18 | disfigurement to an individual 60 years of age or older. | ||||||
| 19 | (5) Strangles another individual. | ||||||
| 20 | (b) Offense based on injury to a child or person with an | ||||||
| 21 | intellectual disability. A person who is at least 18 years of | ||||||
| 22 | age commits aggravated battery when, in committing a battery, | ||||||
| 23 | he or she knowingly and without legal justification by any | ||||||
| 24 | means: | ||||||
| 25 | (1) causes great bodily harm or permanent disability or | ||||||
| 26 | disfigurement to any child under the age of 13 years, or to | ||||||
| |||||||
| |||||||
| 1 | any person with a severe or profound intellectual | ||||||
| 2 | disability; or | ||||||
| 3 | (2) causes bodily harm or disability or disfigurement | ||||||
| 4 | to any child under the age of 13 years or to any person | ||||||
| 5 | with a severe or profound intellectual disability. | ||||||
| 6 | (c) Offense based on location of conduct. A person commits | ||||||
| 7 | aggravated battery when, in committing a battery, other than by | ||||||
| 8 | the discharge of a firearm, he or she is or the person battered | ||||||
| 9 | is on or about a public way, public property, a public place of | ||||||
| 10 | accommodation or amusement, a sports venue, or a domestic | ||||||
| 11 | violence shelter, or in a church, synagogue, mosque, or other | ||||||
| 12 | building, structure, or place used for religious worship. | ||||||
| 13 | (d) Offense based on status of victim. A person commits | ||||||
| 14 | aggravated battery when, in committing a battery, other than by | ||||||
| 15 | discharge of a firearm, he or she knows the individual battered | ||||||
| 16 | to be any of the following: | ||||||
| 17 | (1) A person 60 years of age or older. | ||||||
| 18 | (2) A person who is pregnant or has a physical | ||||||
| 19 | disability. | ||||||
| 20 | (3) A teacher or school employee upon school grounds or | ||||||
| 21 | grounds adjacent to a school or in any part of a building | ||||||
| 22 | used for school purposes. | ||||||
| 23 | (4) A peace officer, community policing volunteer, | ||||||
| 24 | fireman, private security officer, correctional | ||||||
| 25 | institution employee, or Department of Human Services | ||||||
| 26 | employee supervising or controlling sexually dangerous | ||||||
| |||||||
| |||||||
| 1 | persons or sexually violent persons: | ||||||
| 2 | (i) performing his or her official duties; | ||||||
| 3 | (ii) battered to prevent performance of his or her | ||||||
| 4 | official duties; or | ||||||
| 5 | (iii) battered in retaliation for performing his | ||||||
| 6 | or her official duties. | ||||||
| 7 | (5) A judge, emergency management worker, emergency | ||||||
| 8 | medical services personnel, or utility worker: | ||||||
| 9 | (i) performing his or her official duties; | ||||||
| 10 | (ii) battered to prevent performance of his or her | ||||||
| 11 | official duties; or | ||||||
| 12 | (iii) battered in retaliation for performing his | ||||||
| 13 | or her official duties. | ||||||
| 14 | (6) An officer or employee of the State of Illinois, a | ||||||
| 15 | unit of local government, or a school district, while | ||||||
| 16 | performing his or her official duties. | ||||||
| 17 | (7) A transit employee performing his or her official | ||||||
| 18 | duties, or a transit passenger. | ||||||
| 19 | (8) A taxi driver on duty. | ||||||
| 20 | (9) A merchant who detains the person for an alleged | ||||||
| 21 | commission of retail theft under Section 16-26 of this Code | ||||||
| 22 | and the person without legal justification by any means | ||||||
| 23 | causes bodily harm to the merchant. | ||||||
| 24 | (10) A person authorized to serve process under Section | ||||||
| 25 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 26 | server appointed by the circuit court while that individual | ||||||
| |||||||
| |||||||
| 1 | is in the performance of his or her duties as a process | ||||||
| 2 | server. | ||||||
| 3 | (11) A nurse while in the performance of his or her | ||||||
| 4 | duties as a nurse. | ||||||
| 5 | (12) A merchant: (i) while performing his or her | ||||||
| 6 | duties, including, but not limited to, relaying directions | ||||||
| 7 | for healthcare or safety from his or her supervisor or | ||||||
| 8 | employer or relaying health or safety guidelines, | ||||||
| 9 | recommendations, regulations, or rules from a federal, | ||||||
| 10 | State, or local public health agency; and (ii) during a | ||||||
| 11 | disaster declared by the Governor, or a state of emergency | ||||||
| 12 | declared by the mayor of the municipality in which the | ||||||
| 13 | merchant is located, due to a public health emergency and | ||||||
| 14 | for a period of 6 months after such declaration. | ||||||
| 15 | (e) Offense based on use of a firearm. A person commits | ||||||
| 16 | aggravated battery when, in committing a battery, he or she | ||||||
| 17 | knowingly does any of the following: | ||||||
| 18 | (1) Discharges a firearm, other than a machine gun or a | ||||||
| 19 | firearm equipped with a silencer, and causes any injury to | ||||||
| 20 | another person. | ||||||
| 21 | (2) Discharges a firearm, other than a machine gun or a | ||||||
| 22 | firearm equipped with a silencer, and causes any injury to | ||||||
| 23 | a person he or she knows to be a peace officer, community | ||||||
| 24 | policing volunteer, person summoned by a police officer, | ||||||
| 25 | fireman, private security officer, correctional | ||||||
| 26 | institution employee, or emergency management worker: | ||||||
| |||||||
| |||||||
| 1 | (i) performing his or her official duties; | ||||||
| 2 | (ii) battered to prevent performance of his or her | ||||||
| 3 | official duties; or | ||||||
| 4 | (iii) battered in retaliation for performing his | ||||||
| 5 | or her official duties. | ||||||
| 6 | (3) Discharges a firearm, other than a machine gun or a | ||||||
| 7 | firearm equipped with a silencer, and causes any injury to | ||||||
| 8 | a person he or she knows to be emergency medical services | ||||||
| 9 | personnel: | ||||||
| 10 | (i) performing his or her official duties; | ||||||
| 11 | (ii) battered to prevent performance of his or her | ||||||
| 12 | official duties; or | ||||||
| 13 | (iii) battered in retaliation for performing his | ||||||
| 14 | or her official duties. | ||||||
| 15 | (4) Discharges a firearm and causes any injury to a | ||||||
| 16 | person he or she knows to be a teacher, a student in a | ||||||
| 17 | school, or a school employee, and the teacher, student, or | ||||||
| 18 | employee is upon school grounds or grounds adjacent to a | ||||||
| 19 | school or in any part of a building used for school | ||||||
| 20 | purposes. | ||||||
| 21 | (5) Discharges a machine gun or a firearm equipped with | ||||||
| 22 | a silencer, and causes any injury to another person. | ||||||
| 23 | (6) Discharges a machine gun or a firearm equipped with | ||||||
| 24 | a silencer, and causes any injury to a person he or she | ||||||
| 25 | knows to be a peace officer, community policing volunteer, | ||||||
| 26 | person summoned by a police officer, fireman, private | ||||||
| |||||||
| |||||||
| 1 | security officer, correctional institution employee or | ||||||
| 2 | emergency management worker: | ||||||
| 3 | (i) performing his or her official duties; | ||||||
| 4 | (ii) battered to prevent performance of his or her | ||||||
| 5 | official duties; or | ||||||
| 6 | (iii) battered in retaliation for performing his | ||||||
| 7 | or her official duties. | ||||||
| 8 | (7) Discharges a machine gun or a firearm equipped with | ||||||
| 9 | a silencer, and causes any injury to a person he or she | ||||||
| 10 | knows to be emergency medical services personnel: | ||||||
| 11 | (i) performing his or her official duties; | ||||||
| 12 | (ii) battered to prevent performance of his or her | ||||||
| 13 | official duties; or | ||||||
| 14 | (iii) battered in retaliation for performing his | ||||||
| 15 | or her official duties. | ||||||
| 16 | (8) Discharges a machine gun or a firearm equipped with | ||||||
| 17 | a silencer, and causes any injury to a person he or she | ||||||
| 18 | knows to be a teacher, or a student in a school, or a | ||||||
| 19 | school employee, and the teacher, student, or employee is | ||||||
| 20 | upon school grounds or grounds adjacent to a school or in | ||||||
| 21 | any part of a building used for school purposes. | ||||||
| 22 | (f) Offense based on use of a weapon or device. A person | ||||||
| 23 | commits aggravated battery when, in committing a battery, he or | ||||||
| 24 | she does any of the following: | ||||||
| 25 | (1) Uses a deadly weapon other than by discharge of a | ||||||
| 26 | firearm, or uses an air rifle as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 24.8-0.1 of this Code. | ||||||
| 2 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
| 3 | identity. | ||||||
| 4 | (3) Knowingly and without lawful justification shines | ||||||
| 5 | or flashes a laser gunsight or other laser device attached | ||||||
| 6 | to a firearm, or used in concert with a firearm, so that | ||||||
| 7 | the laser beam strikes upon or against the person of | ||||||
| 8 | another. | ||||||
| 9 | (4) Knowingly video or audio records the offense with | ||||||
| 10 | the intent to disseminate the recording. | ||||||
| 11 | (g) Offense based on certain conduct. A person commits | ||||||
| 12 | aggravated battery when, other than by discharge of a firearm, | ||||||
| 13 | he or she does any of the following: | ||||||
| 14 | (1) Violates Section 401 of the Illinois Controlled | ||||||
| 15 | Substances Act by unlawfully delivering a controlled | ||||||
| 16 | substance to another and any user experiences great bodily | ||||||
| 17 | harm or permanent disability as a result of the injection, | ||||||
| 18 | inhalation, or ingestion of any amount of the controlled | ||||||
| 19 | substance. | ||||||
| 20 | (2) Knowingly administers to an individual or causes | ||||||
| 21 | him or her to take, without his or her consent or by threat | ||||||
| 22 | or deception, and for other than medical purposes, any | ||||||
| 23 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
| 24 | or controlled substance, or gives to another person any | ||||||
| 25 | food containing any substance or object intended to cause | ||||||
| 26 | physical injury if eaten. | ||||||
| |||||||
| |||||||
| 1 | (3) Knowingly causes or attempts to cause a | ||||||
| 2 | correctional institution employee or Department of Human | ||||||
| 3 | Services employee to come into contact with blood, seminal | ||||||
| 4 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
| 5 | the fluid or material, and the person is an inmate of a | ||||||
| 6 | penal institution or is a sexually dangerous person or | ||||||
| 7 | sexually violent person in the custody of the Department of | ||||||
| 8 | Human Services. | ||||||
| 9 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
| 10 | battery is a Class 3 felony. | ||||||
| 11 | Aggravated battery as defined in subdivision (a)(4), | ||||||
| 12 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
| 13 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
| 14 | (g)(1) is a Class 1 felony. | ||||||
| 15 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 16 | Class 1 felony when the aggravated battery was intentional and | ||||||
| 17 | involved the infliction of torture, as defined in paragraph | ||||||
| 18 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
| 19 | infliction of or subjection to extreme physical pain, motivated | ||||||
| 20 | by an intent to increase or prolong the pain, suffering, or | ||||||
| 21 | agony of the victim. | ||||||
| 22 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 23 | Class 2 felony when the person causes great bodily harm or | ||||||
| 24 | permanent disability to an individual whom the person knows to | ||||||
| 25 | be a member of a congregation engaged in prayer or other | ||||||
| 26 | religious activities at a church, synagogue, mosque, or other | ||||||
| |||||||
| |||||||
| 1 | building, structure, or place used for religious worship. | ||||||
| 2 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
| 3 | felony if: | ||||||
| 4 | (A) the person used or attempted to use a dangerous
| ||||||
| 5 | instrument while committing the offense; or | ||||||
| 6 | (B) the person caused great bodily harm or
permanent | ||||||
| 7 | disability or disfigurement to the other
person while | ||||||
| 8 | committing the offense; or | ||||||
| 9 | (C) the person has been previously convicted of a
| ||||||
| 10 | violation of subdivision (a)(5) under the laws of this
| ||||||
| 11 | State or laws similar to subdivision (a)(5) of any other
| ||||||
| 12 | state. | ||||||
| 13 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
| 14 | Class X felony. | ||||||
| 15 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
| 16 | Class X felony for which a person shall be sentenced to a term | ||||||
| 17 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
| 18 | years. | ||||||
| 19 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
| 20 | Class X felony for which a person shall be sentenced to a term | ||||||
| 21 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
| 22 | years. | ||||||
| 23 | Aggravated battery as defined in subdivision (e)(2), | ||||||
| 24 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
| 25 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
| 26 | and a maximum of 60 years. | ||||||
| |||||||
| |||||||
| 1 | Aggravated battery as defined in subdivision (e)(6), | ||||||
| 2 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
| 3 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
| 4 | and a maximum of 60 years. | ||||||
| 5 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
| 6 | Class X felony, except that: | ||||||
| 7 | (1) if the person committed the offense while armed | ||||||
| 8 | with a firearm, 15 years shall be added to the term of | ||||||
| 9 | imprisonment imposed by the court; | ||||||
| 10 | (2) if, during the commission of the offense, the | ||||||
| 11 | person personally discharged a firearm, 20 years shall be | ||||||
| 12 | added to the term of imprisonment imposed by the court; | ||||||
| 13 | (3) if, during the commission of the offense, the | ||||||
| 14 | person personally discharged a firearm that proximately | ||||||
| 15 | caused great bodily harm, permanent disability, permanent | ||||||
| 16 | disfigurement, or death to another person, 25 years or up | ||||||
| 17 | to a term of natural life shall be added to the term of | ||||||
| 18 | imprisonment imposed by the court. | ||||||
| 19 | (i) Definitions. In this Section: | ||||||
| 20 | "Building or other structure used to provide shelter" has | ||||||
| 21 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
| 22 | Violence Shelters Act. | ||||||
| 23 | "Domestic violence" has the meaning ascribed to it in | ||||||
| 24 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
| 25 | "Domestic violence shelter" means any building or other | ||||||
| 26 | structure used to provide shelter or other services to victims | ||||||
| |||||||
| |||||||
| 1 | or to the dependent children of victims of domestic violence | ||||||
| 2 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
| 3 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
| 4 | such a building or other structure in the case of a person who | ||||||
| 5 | is going to or from such a building or other structure. | ||||||
| 6 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
| 7 | Firearm Owners Identification Card Act, and does
not include an | ||||||
| 8 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
| 9 | "Machine gun" has the meaning ascribed to it in Section | ||||||
| 10 | 24-1 of this Code. | ||||||
| 11 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
| 12 | of this Code. | ||||||
| 13 | "Strangle" means
intentionally impeding the normal | ||||||
| 14 | breathing or circulation of the blood of an individual by | ||||||
| 15 | applying pressure on the throat
or neck of that individual or | ||||||
| 16 | by blocking the nose or mouth of
that individual.
| ||||||
| 17 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.".
| ||||||