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Full Text of SB3547
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SB3547 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3547
Introduced 2/5/2026, by Sen. Terri Bryant
SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.05
was 720 ILCS 5/12-4
Amends the Criminal Code of 2012. Provides that the penalty for
aggravated battery is a Class 2 felony (rather than a Class 3 felony) when
the person knows the individual battered to be a judge, State's Attorney,
or Assistant State's Attorney: (1) performing his or her official duties;
(2) battered to prevent performance of his or her official duties; or (3)
battered in retaliation for performing his or her official duties.
Effective immediately.
LRB104 16489 RLC 29885 b
A BILL FOR
SB3547
LRB104 16489 RLC 29885 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 Section 12-3.05 as follows:
6
(720 ILCS 5/12-3.05)
(was 720 ILCS 5/12-4)
7
Sec. 12-3.05.
Aggravated battery.
8
(a) Offense based on injury. A person commits aggravated
9
battery when, in committing a battery, other than by the
10
discharge of a firearm, he or she knowingly does any of the
11
following:
12
(1) Causes great bodily harm or permanent disability
13
or disfigurement.
14
(2) Causes severe and permanent disability, great
15
bodily harm, or disfigurement by means of a caustic or
16
flammable substance, a poisonous gas, a deadly biological
17
or chemical contaminant or agent, a radioactive substance,
18
or a bomb or explosive compound.
19
(3) Causes great bodily harm or permanent disability
20
or disfigurement to an individual whom the person knows to
21
be a peace officer, community policing volunteer, fireman,
22
private security officer, correctional institution
23
employee, or Department of Human Services employee
SB3547
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LRB104 16489 RLC 29885 b
1
supervising or controlling sexually dangerous persons or
2
sexually violent persons:
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
(4) Causes great bodily harm or permanent disability
9
or disfigurement to an individual 60 years of age or
10
older.
11
(5) Strangles another individual.
12
(b) Offense based on injury to a child or person with an
13
intellectual disability. A person who is at least 18 years of
14
age commits aggravated battery when, in committing a battery,
15
he or she knowingly and without legal justification by any
16
means:
17
(1) causes great bodily harm or permanent disability
18
or disfigurement to any child under the age of 13 years, or
19
to any person with a severe or profound intellectual
20
disability; or
21
(2) causes bodily harm or disability or disfigurement
22
to any child under the age of 13 years or to any person
23
with a severe or profound intellectual disability.
24
(c) Offense based on location of conduct. A person commits
25
aggravated battery when, in committing a battery, other than
26
by the discharge of a firearm, he or she is or the person
SB3547
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LRB104 16489 RLC 29885 b
1
battered is on or about a public way, public property, a public
2
place of accommodation or amusement, a sports venue, or a
3
domestic violence shelter, or in a church, synagogue, mosque,
4
or other building, structure, or place used for religious
5
worship.
6
(d) Offense based on status of victim. A person commits
7
aggravated battery when, in committing a battery, other than
8
by discharge of a firearm, he or she knows the individual
9
battered to be any of the following:
10
(1) A person 60 years of age or older.
11
(2) A person who is pregnant or has a physical
12
disability.
13
(3) A teacher or school employee upon school grounds
14
or grounds adjacent to a school or in any part of a
15
building used for school purposes.
16
(4) A peace officer, community policing volunteer,
17
fireman, private security officer, correctional
18
institution employee, or Department of Human Services
19
employee supervising or controlling sexually dangerous
20
persons or sexually violent persons:
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
(5)
An
A judge,
emergency management worker, emergency
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LRB104 16489 RLC 29885 b
1
medical services personnel, or utility worker:
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
(6) An officer or employee of the State of Illinois, a
8
unit of local government, or a school district, while
9
performing his or her official duties.
10
(6.5) A judge, State's Attorney, or Assistant State's
11
Attorney:
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
(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
22
Code and the person without legal justification by any
23
means causes bodily harm to the merchant.
24
(10) A person authorized to serve process under
25
Section 2-202 of the Code of Civil Procedure or a special
26
process server appointed by the circuit court while that
SB3547
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LRB104 16489 RLC 29885 b
1
individual is in the performance of his or her duties as a
2
process 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
19
a firearm equipped with a silencer, and causes any injury
20
to another person.
21
(2) Discharges a firearm, other than a machine gun or
22
a firearm equipped with a silencer, and causes any injury
23
to a person he or she knows to be a peace officer,
24
community policing volunteer, person summoned by a police
25
officer, fireman, private security officer, correctional
26
institution employee, or emergency management worker:
SB3547
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LRB104 16489 RLC 29885 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
(3) Discharges a firearm, other than a machine gun or
7
a firearm equipped with a silencer, and causes any injury
8
to a person he or she knows to be emergency medical
9
services 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
22
with a silencer, and causes any injury to another person.
23
(6) Discharges a machine gun or a firearm equipped
24
with a silencer, and causes any injury to a person he or
25
she knows to be a peace officer, community policing
26
volunteer, person summoned by a police officer, fireman,
SB3547
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LRB104 16489 RLC 29885 b
1
private security officer, correctional institution
2
employee or 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
9
with a silencer, and causes any injury to a person he or
10
she 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
17
with a silencer, and causes any injury to a person he or
18
she 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
24
or 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
SB3547
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LRB104 16489 RLC 29885 b
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,
24
anesthetic, or controlled substance, or gives to another
25
person any food containing any substance or object
26
intended to cause physical injury if eaten.
SB3547
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LRB104 16489 RLC 29885 b
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
8
of 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),
(d)(6.5),
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
(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
19
of Corrections, as the infliction of or subjection to extreme
20
physical pain, motivated by an intent to increase or prolong
21
the pain, suffering, or 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
SB3547
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LRB104 16489 RLC 29885 b
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;
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.
SB3547
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LRB104 16489 RLC 29885 b
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
SB3547
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LRB104 16489 RLC 29885 b
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
4
of such a building or other structure in the case of a person
5
who is going to or from such a building or other structure.
6
"Firearm" has the meaning provided under Section 1.1 of
7
the Firearm Owners Identification Card Act, and does not
8
include an air rifle as defined by Section 24.8-0.1 of this
9
Code.
10
"Machine gun" has the meaning ascribed to it in Section
11
24-1 of this Code.
12
"Merchant" has the meaning ascribed to it in Section
13
16-0.1 of this Code.
14
"Strangle" means intentionally impeding the normal
15
breathing or circulation of the blood of an individual by
16
applying pressure on the throat or neck of that individual or
17
by blocking the nose or mouth of that individual.
18
(Source: P.A. 103-51, eff. 1-1-24
.)
19
Section 99.
Effective date.
This Act takes effect upon
20
becoming law.
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