Illinois SB 278: CRIM CD-AGG ASSAULT&BATTERY

Bill Text

Full Text of SB0278 

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 Illinois General Assembly

 ILGA.GOV 

 SB0278 - 104th General Assembly 

104TH GENERAL ASSEMBLY 
State of Illinois 
2025 and 2026
SB0278

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 for enhanced penalties for aggravated assault or aggravated battery of emergency department staff of a health care facility. Defines "emergency department staff" as any clinical or nonclinical staff present in the emergency department or emergency room of a health care facility who may come in contact with patients, including, but not limited to, physicians, nurses, nonphysician providers, technicians, security staff, patient transporters, respiratory therapists, housekeeping personnel, secretaries, and pharmacists. Defines "health care facility" as a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act. Effective immediately.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 

3represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by 

5changing 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 

9aggravated assault when he or she commits an assault against 

10an individual who is on or about a public way, public property, 

11a public place of accommodation or amusement, or a sports 

12venue, or in a church, synagogue, mosque, or other building, 

13structure, or place used for religious worship.

14 (b) Offense based on status of victim. A person commits 

15aggravated assault when, in committing an assault, he or she 

16knows 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 

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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, emergency department staff, or emergency medical 

12 services personnel:

13 (i) performing his or her official duties;

14 (ii) assaulted to prevent performance of his or 

15 her official duties; or

16 (iii) assaulted in retaliation for performing his 

17 or her official duties. 

18 (5) A correctional officer or probation officer:

19 (i) performing his or her official duties;

20 (ii) assaulted to prevent performance of his or 

21 her official duties; or

22 (iii) assaulted in retaliation for performing his 

23 or her official duties.

24 (6) A correctional institution employee, a county 

25 juvenile detention center employee who provides direct and 

26 continuous supervision of residents of a juvenile 

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1 detention center, including a county juvenile detention 

2 center employee who supervises recreational activity for 

3 residents of a juvenile detention center, or a Department 

4 of Human Services employee, Department of Human Services 

5 officer, or employee of a subcontractor of the Department 

6 of Human Services supervising or controlling sexually 

7 dangerous persons or 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