SB2159 Engrossed

LRB095 14234 RLC 45306 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-4.3 as follows:
 



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    (720 ILCS 5/12-4.3)  (from Ch. 38, par. 12-4.3)


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    Sec. 12-4.3. Aggravated battery of a child. 

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    (a) Any person of the age
18 years and upwards who 
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intentionally or knowingly, and without legal
justification 
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and by any means, causes great bodily harm or permanent

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disability or disfigurement to any child under the age of 13 
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years or to
any severely or profoundly mentally retarded 
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person,
commits
the offense of aggravated battery of a child.

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    (a-5)  Any person of the age 18 years and upwards who 
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intentionally or knowingly, and without legal justification 
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and by any means, causes bodily harm or disability or 
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disfigurement to any child under the age of 13 years or to any 
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severely or profoundly mentally retarded person, commits the 
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offense of aggravated battery of a child. 
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    (b) Sentence.
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    (1)  Aggravated battery of a child under subsection (a) of 
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this Section is a Class X felony, except that:


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


 






SB2159 Engrossed
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LRB095 14234 RLC 45306 b




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    with a firearm, 15
years shall be added to the term of 
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    imprisonment imposed by the court;


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        (B) (2) if, during the commission of the offense, the 
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    person personally
discharged a firearm, 20 years shall be 
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    added to the term of imprisonment
imposed by the court;


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        (C) (3) if, during the commission of the offense, the 
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    person personally
discharged a firearm that proximately 
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    caused great bodily harm, permanent
disability, permanent 
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    disfigurement, or death to another person, 25 years or up

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    to a term of natural life shall be added to the term of 
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    imprisonment imposed by
the court.

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    (2)  Aggravated battery of a child under subsection (a-5) of 
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this Section is a Class 3 felony. 
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(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 
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92-434, eff. 1-1-02.)


 

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    Section 99. Effective date. This Act takes effect January 
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1, 2009.