CRIM CD-AGG ASSAULT&BATTERY

Illinois General Assembly - Full Text of SB0272

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0272

Introduced 1/24/2025, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-2

from Ch. 38, par. 12-2
720 ILCS 5/12-3.05

was 720 ILCS 5/12-4

Amends the Criminal Code of 2012. Provides that aggravated assault
includes an assault committed against a contractor (rather than just a
subcontractor) of the Department of Human Services supervising or
controlling sexually dangerous persons or sexually violent persons.
Provides that aggravated battery includes committing various kinds of
battery against an officer or employee of a contractor or subcontractor of
the Department of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons.
LRB104 03856 RLC 13880 b

A BILL FOR

SB0272
LRB104 03856 RLC 13880 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 12-2 and 12-3.05 as follows:

6

(720 ILCS 5/12-2)

(from Ch. 38, par. 12-2)
7

Sec. 12-2.
Aggravated assault.
8

(a) Offense based on location of conduct. A person commits
9
aggravated assault when he or she commits an assault against
10
an individual who is on or about a public way, public property,
11
a public place of accommodation or amusement, or a sports
12
venue, or in a church, synagogue, mosque, or other building,
13
structure, or place used for religious worship.
14

(b) Offense based on status of victim. A person commits
15
aggravated assault when, in committing an assault, he or she
16
knows the individual assaulted to be any of the following:
17

(1) A person with a physical disability or a person 60
18

years of age or older and the assault is without legal
19

justification.
20

(2) A teacher or school employee upon school grounds
21

or grounds adjacent to a school or in any part of a
22

building used for school purposes.
23

(3) A park district employee upon park grounds or

SB0272
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LRB104 03856 RLC 13880 b
1

grounds adjacent to a park or in any part of a building
2

used for park purposes.
3

(4) A community policing volunteer, private security
4

officer, or utility worker:
5

(i) performing his or her official duties;
6

(ii) assaulted to prevent performance of his or
7

her official duties; or
8

(iii) assaulted in retaliation for performing his
9

or her official duties.
10

(4.1) A peace officer, fireman, emergency management
11

worker, or emergency medical services personnel:
12

(i) performing his or her official duties;
13

(ii) assaulted to prevent performance of his or
14

her official duties; or
15

(iii) assaulted in retaliation for performing his
16

or her official duties.
17

(5) A correctional officer or probation officer:
18

(i) performing his or her official duties;
19

(ii) assaulted to prevent performance of his or
20

her official duties; or
21

(iii) assaulted in retaliation for performing his
22

or her official duties.
23

(6) A correctional institution employee, a county
24

juvenile detention center employee who provides direct and
25

continuous supervision of residents of a juvenile
26

detention center, including a county juvenile detention

SB0272
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LRB104 03856 RLC 13880 b
1

center employee who supervises recreational activity for
2

residents of a juvenile detention center, or a Department
3

of Human Services employee
or an

, Department of Human
4

Services
officer
,
or employee of a
contractor or

5

subcontractor of the Department of Human Services
6

supervising or controlling sexually dangerous persons or
7

sexually violent persons:
8

(i) performing his or her official duties;
9

(ii) assaulted to prevent performance of his or
10

her official duties; or
11

(iii) assaulted in retaliation for performing his
12

or her official duties.
13

(7) An employee of the State of Illinois, a municipal
14

corporation therein, or a political subdivision thereof,
15

performing his or her official duties.
16

(8) A transit employee performing his or her official
17

duties, or a transit passenger.
18

(9) A sports official or coach actively participating
19

in any level of athletic competition within a sports
20

venue, on an indoor playing field or outdoor playing
21

field, or within the immediate vicinity of such a facility
22

or field.
23

(10) A person authorized to serve process under
24

Section 2-202 of the Code of Civil Procedure or a special
25

process server appointed by the circuit court, while that
26

individual is in the performance of his or her duties as a

SB0272
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LRB104 03856 RLC 13880 b
1

process server.
2

(c) Offense based on use of firearm, device, or motor
3
vehicle. A person commits aggravated assault when, in
4
committing an assault, he or she does any of the following:
5

(1) Uses a deadly weapon, an air rifle as defined in
6

Section 24.8-0.1 of this Act, or any device manufactured
7

and designed to be substantially similar in appearance to
8

a firearm, other than by discharging a firearm.
9

(2) Discharges a firearm, other than from a motor
10

vehicle.
11

(3) Discharges a firearm from a motor vehicle.
12

(4) Wears a hood, robe, or mask to conceal his or her
13

identity.
14

(5) Knowingly and without lawful justification shines
15

or flashes a laser gun sight or other laser device
16

attached to a firearm, or used in concert with a firearm,
17

so that the laser beam strikes near or in the immediate
18

vicinity of any person.
19

(6) Uses a firearm, other than by discharging the
20

firearm, against a peace officer, community policing
21

volunteer, fireman, private security officer, emergency
22

management worker, emergency medical services personnel,
23

employee of a police department, employee of a sheriff's
24

department, or traffic control municipal employee:
25

(i) performing his or her official duties;
26

(ii) assaulted to prevent performance of his or

SB0272
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LRB104 03856 RLC 13880 b
1

her official duties; or
2

(iii) assaulted in retaliation for performing his
3

or her official duties.
4

(7) Without justification operates a motor vehicle in
5

a manner which places a person, other than a person listed
6

in subdivision (b)(4), in reasonable apprehension of being
7

struck by the moving motor vehicle.
8

(8) Without justification operates a motor vehicle in
9

a manner which places a person listed in subdivision
10

(b)(4), in reasonable apprehension of being struck by the
11

moving motor vehicle.
12

(9) Knowingly video or audio records the offense with
13

the intent to disseminate the recording.
14

(d) Sentence. Aggravated assault as defined in subdivision
15
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
16
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
17
that aggravated assault as defined in subdivision (b)(4) and
18
(b)(7) is a Class 4 felony if a Category I, Category II, or
19
Category III weapon is used in the commission of the assault.
20
Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
21
(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
22
4 felony. Aggravated assault as defined in subdivision (c)(3)
23
or (c)(8) is a Class 3 felony.
24

(e) For the purposes of this Section, "Category I weapon",
25
"Category II weapon", and "Category III weapon" have the
26
meanings ascribed to those terms in Section 33A-1 of this

SB0272
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LRB104 03856 RLC 13880 b
1
Code.
2
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)

3

(720 ILCS 5/12-3.05)

(was 720 ILCS 5/12-4)
4

Sec. 12-3.05.
Aggravated battery.
5

(a) Offense based on injury. A person commits aggravated
6
battery when, in committing a battery, other than by the
7
discharge of a firearm, he or she knowingly does any of the
8
following:
9

(1) Causes great bodily harm or permanent disability
10

or disfigurement.
11

(2) Causes severe and permanent disability, great
12

bodily harm, or disfigurement by means of a caustic or
13

flammable substance, a poisonous gas, a deadly biological
14

or chemical contaminant or agent, a radioactive substance,
15

or a bomb or explosive compound.
16

(3) Causes great bodily harm or permanent disability
17

or disfigurement to an individual whom the person knows to
18

be a peace officer, community policing volunteer, fireman,
19

private security officer, correctional institution
20

employee, or Department of Human Services employee
or an
21

officer or employee of a contractor or subcontractor of
22

the Department of Human Services
supervising or
23

controlling sexually dangerous persons or sexually violent
24

persons:
25

(i) performing his or her official duties;

SB0272
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LRB104 03856 RLC 13880 b
1

(ii) battered to prevent performance of his or her
2

official duties; or
3

(iii) battered in retaliation for performing his
4

or her official duties.
5

(4) Causes great bodily harm or permanent disability
6

or disfigurement to an individual 60 years of age or
7

older.
8

(5) Strangles another individual.
9

(b) Offense based on injury to a child or person with an
10
intellectual disability. A person who is at least 18 years of
11
age commits aggravated battery when, in committing a battery,
12
he or she knowingly and without legal justification by any
13
means:
14

(1) causes great bodily harm or permanent disability
15

or disfigurement to any child under the age of 13 years, or
16

to any person with a severe or profound intellectual
17

disability; or
18

(2) causes bodily harm or disability or disfigurement
19

to any child under the age of 13 years or to any person
20

with a severe or profound intellectual disability.
21

(c) Offense based on location of conduct. A person commits
22
aggravated battery when, in committing a battery, other than
23
by the discharge of a firearm, he or she is or the person
24
battered is on or about a public way, public property, a public
25
place of accommodation or amusement, a sports venue, or a
26
domestic violence shelter, or in a church, synagogue, mosque,

SB0272
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LRB104 03856 RLC 13880 b
1
or other building, structure, or place used for religious
2
worship.
3

(d) Offense based on status of victim. A person commits
4
aggravated battery when, in committing a battery, other than
5
by discharge of a firearm, he or she knows the individual
6
battered to be any of the following:
7

(1) A person 60 years of age or older.
8

(2) A person who is pregnant or has a physical
9

disability.
10

(3) A teacher or school employee upon school grounds
11

or grounds adjacent to a school or in any part of a
12

building used for school purposes.
13

(4) A peace officer, community policing volunteer,
14

fireman, private security officer, correctional
15

institution employee, or Department of Human Services
16

employee
or an officer or employee of a contractor or
17

subcontractor of the Department of Human Services

18

supervising or controlling sexually dangerous persons or
19

sexually violent persons:
20

(i) performing his or her official duties;
21

(ii) battered to prevent performance of his or her
22

official duties; or
23

(iii) battered in retaliation for performing his
24

or her official duties.
25

(5) A judge, emergency management worker, emergency
26

medical services personnel, or utility worker:

SB0272
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LRB104 03856 RLC 13880 b
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

(6) An officer or employee of the State of Illinois, a
7

unit of local government, or a school district, while
8

performing his or her official duties.
9

(7) A transit employee performing his or her official
10

duties, or a transit passenger.
11

(8) A taxi driver on duty.
12

(9) A merchant who detains the person for an alleged
13

commission of retail theft under Section 16-26 of this
14

Code and the person without legal justification by any
15

means causes bodily harm to the merchant.
16

(10) A person authorized to serve process under
17

Section 2-202 of the Code of Civil Procedure or a special
18

process server appointed by the circuit court while that
19

individual is in the performance of his or her duties as a
20

process server.
21

(11) A nurse while in the performance of his or her
22

duties as a nurse.
23

(12) A merchant: (i) while performing his or her
24

duties, including, but not limited to, relaying directions
25

for healthcare or safety from his or her supervisor or
26

employer or relaying health or safety guidelines,

SB0272
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LRB104 03856 RLC 13880 b
1

recommendations, regulations, or rules from a federal,
2

State, or local public health agency; and (ii) during a
3

disaster declared by the Governor, or a state of emergency
4

declared by the mayor of the municipality in which the
5

merchant is located, due to a public health emergency and
6

for a period of 6 months after such declaration.
7

(e) Offense based on use of a firearm. A person commits
8
aggravated battery when, in committing a battery, he or she
9
knowingly does any of the following:
10

(1) Discharges a firearm, other than a machine gun or
11

a firearm equipped with a silencer, and causes any injury
12

to another person.
13

(2) Discharges a firearm, other than a machine gun or
14

a firearm equipped with a silencer, and causes any injury
15

to a person he or she knows to be a peace officer,
16

community policing volunteer, person summoned by a police
17

officer, fireman, private security officer, correctional
18

institution employee, or emergency management worker:
19

(i) performing his or her official duties;
20

(ii) battered to prevent performance of his or her
21

official duties; or
22

(iii) battered in retaliation for performing his
23

or her official duties.
24

(3) Discharges a firearm, other than a machine gun or
25

a firearm equipped with a silencer, and causes any injury
26

to a person he or she knows to be emergency medical

SB0272
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LRB104 03856 RLC 13880 b
1

services personnel:
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

(4) Discharges a firearm and causes any injury to a
8

person he or she knows to be a teacher, a student in a
9

school, or a school employee, and the teacher, student, or
10

employee is upon school grounds or grounds adjacent to a
11

school or in any part of a building used for school
12

purposes.
13

(5) Discharges a machine gun or a firearm equipped
14

with a silencer, and causes any injury to another person.
15

(6) Discharges a machine gun or a firearm equipped
16

with a silencer, and causes any injury to a person he or
17

she knows to be a peace officer, community policing
18

volunteer, person summoned by a police officer, fireman,
19

private security officer, correctional institution
20

employee or emergency management worker:
21

(i) performing his or her official duties;
22

(ii) battered to prevent performance of his or her
23

official duties; or
24

(iii) battered in retaliation for performing his
25

or her official duties.
26

(7) Discharges a machine gun or a firearm equipped

SB0272
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LRB104 03856 RLC 13880 b
1

with a silencer, and causes any injury to a person he or
2

she knows to be emergency medical services personnel:
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

(8) Discharges a machine gun or a firearm equipped
9

with a silencer, and causes any injury to a person he or
10

she knows to be a teacher, or a student in a school, or a
11

school employee, and the teacher, student, or employee is
12

upon school grounds or grounds adjacent to a school or in
13

any part of a building used for school purposes.
14

(f) Offense based on use of a weapon or device. A person
15
commits aggravated battery when, in committing a battery, he
16
or she does any of the following:
17

(1) Uses a deadly weapon other than by discharge of a
18

firearm, or uses an air rifle as defined in Section
19

24.8-0.1 of this Code.
20

(2) Wears a hood, robe, or mask to conceal his or her
21

identity.
22

(3) Knowingly and without lawful justification shines
23

or flashes a laser gunsight or other laser device attached
24

to a firearm, or used in concert with a firearm, so that
25

the laser beam strikes upon or against the person of
26

another.

SB0272
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LRB104 03856 RLC 13880 b
1

(4) Knowingly video or audio records the offense with
2

the intent to disseminate the recording.
3

(g) Offense based on certain conduct. A person commits
4
aggravated battery when, other than by discharge of a firearm,
5
he or she does any of the following:
6

(1) Violates Section 401 of the Illinois Controlled
7

Substances Act by unlawfully delivering a controlled
8

substance to another and any user experiences great bodily
9

harm or permanent disability as a result of the injection,
10

inhalation, or ingestion of any amount of the controlled
11

substance.
12

(2) Knowingly administers to an individual or causes
13

him or her to take, without his or her consent or by threat
14

or deception, and for other than medical purposes, any
15

intoxicating, poisonous, stupefying, narcotic,
16

anesthetic, or controlled substance, or gives to another
17

person any food containing any substance or object
18

intended to cause physical injury if eaten.
19

(3) Knowingly causes or attempts to cause a
20

correctional institution employee or Department of Human
21

Services employee
or an officer or employee of a
22

contractor or subcontractor of the Department of Human
23

Services supervising or controlling sexually dangerous
24

persons or sexually violent persons
to come into contact
25

with blood, seminal fluid, urine, or feces by throwing,
26

tossing, or expelling the fluid or material, and the

SB0272
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LRB104 03856 RLC 13880 b
1

person is an inmate of a penal institution or is a sexually
2

dangerous person or sexually violent person in the custody
3

of the Department of Human Services.
4

(h) Sentence. Unless otherwise provided, aggravated
5
battery is a Class 3 felony.
6

Aggravated battery as defined in subdivision (a)(4),
7
(d)(4), or (g)(3) is a Class 2 felony.
8

Aggravated battery as defined in subdivision (a)(3) or
9
(g)(1) is a Class 1 felony.
10

Aggravated battery as defined in subdivision (a)(1) is a
11
Class 1 felony when the aggravated battery was intentional and
12
involved the infliction of torture, as defined in paragraph
13
(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
14
of Corrections, as the infliction of or subjection to extreme
15
physical pain, motivated by an intent to increase or prolong
16
the pain, suffering, or agony of the victim.
17

Aggravated battery as defined in subdivision (a)(1) is a
18
Class 2 felony when the person causes great bodily harm or
19
permanent disability to an individual whom the person knows to
20
be a member of a congregation engaged in prayer or other
21
religious activities at a church, synagogue, mosque, or other
22
building, structure, or place used for religious worship.
23

Aggravated battery under subdivision (a)(5) is a Class 1
24
felony if:
25

(A) the person used or attempted to use a dangerous
26

instrument while committing the offense;

SB0272
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LRB104 03856 RLC 13880 b
1

(B) the person caused great bodily harm or permanent
2

disability or disfigurement to the other person while
3

committing the offense; or
4

(C) the person has been previously convicted of a
5

violation of subdivision (a)(5) under the laws of this
6

State or laws similar to subdivision (a)(5) of any other
7

state.
8

Aggravated battery as defined in subdivision (e)(1) is a
9
Class X felony.
10

Aggravated battery as defined in subdivision (a)(2) is a
11
Class X felony for which a person shall be sentenced to a term
12
of imprisonment of a minimum of 6 years and a maximum of 45
13
years.
14

Aggravated battery as defined in subdivision (e)(5) is a
15
Class X felony for which a person shall be sentenced to a term
16
of imprisonment of a minimum of 12 years and a maximum of 45
17
years.
18

Aggravated battery as defined in subdivision (e)(2),
19
(e)(3), or (e)(4) is a Class X felony for which a person shall
20
be sentenced to a term of imprisonment of a minimum of 15 years
21
and a maximum of 60 years.
22

Aggravated battery as defined in subdivision (e)(6),
23
(e)(7), or (e)(8) is a Class X felony for which a person shall
24
be sentenced to a term of imprisonment of a minimum of 20 years
25
and a maximum of 60 years.
26

Aggravated battery as defined in subdivision (b)(1) is a

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1
Class X felony, except that:
2

(1) if the person committed the offense while armed
3

with a firearm, 15 years shall be added to the term of
4

imprisonment imposed by the court;
5

(2) if, during the commission of the offense, the
6

person personally discharged a firearm, 20 years shall be
7

added to the term of imprisonment imposed by the court;
8

(3) if, during the commission of the offense, the
9

person personally discharged a firearm that proximately
10

caused great bodily harm, permanent disability, permanent
11

disfigurement, or death to another person, 25 years or up
12

to a term of natural life shall be added to the term of
13

imprisonment imposed by the court.
14

(i) Definitions. In this Section:
15

"Building or other structure used to provide shelter" has
16
the meaning ascribed to "shelter" in Section 1 of the Domestic
17
Violence Shelters Act.
18

"Domestic violence" has the meaning ascribed to it in
19
Section 103 of the Illinois Domestic Violence Act of 1986.
20

"Domestic violence shelter" means any building or other
21
structure used to provide shelter or other services to victims
22
or to the dependent children of victims of domestic violence
23
pursuant to the Illinois Domestic Violence Act of 1986 or the
24
Domestic Violence Shelters Act, or any place within 500 feet
25
of such a building or other structure in the case of a person
26
who is going to or from such a building or other structure.

SB0272
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LRB104 03856 RLC 13880 b
1

"Firearm" has the meaning provided under Section 1.1 of
2
the Firearm Owners Identification Card Act, and does not
3
include an air rifle as defined by Section 24.8-0.1 of this
4
Code.
5

"Machine gun" has the meaning ascribed to it in Section
6
24-1 of this Code.
7

"Merchant" has the meaning ascribed to it in Section
8
16-0.1 of this Code.
9

"Strangle" means intentionally impeding the normal
10
breathing or circulation of the blood of an individual by
11
applying pressure on the throat or neck of that individual or
12
by blocking the nose or mouth of that individual.
13
(Source: P.A. 103-51, eff. 1-1-24
.)

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