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posted on 6/12/20

An Illinois mother of five recently lost her job due to the shutdowns caused by COVID-19. She is worried about how she is going to pay her rent. She only has a limited budget to spend on groceries. When she finally gets to the grocery store, she worries about being able to buy enough food for her family.

A store employee comes up to her and tells her she needs to wear a mask. The mother has forgotten her mask at home but does not have time to go back and get it. The mother snaps and shoves the grocery store worker. The police are called to the scene.

Enhances Penalties for Committing Battery Against a Retail Employee

As tensions rise and economic pressure builds, people are more stressed out than ever. Retail employees are concerned about being assaulted or bullied. These instances led the Illinois legislature to pass a bill that will increase the penalties of battery when the victim is a retail worker. The purpose of the bill is to support essential workers who are being attacked by imposing stricter penalties on their attackers.

The bill does not specifically reference COVID-19, but in several recent instances, people have attacked grocery store employees. In a case in Michigan, a woman assaulted an employee at a grocery store. The employee told her that she needed to wear a mask and asked her to leave after she refused to comply.

What Does the Bill Do?

Per the bill, harming a retail worker who is enforcing public-health policies will be considered an aggravated battery. If Senate Bill 471 is signed into law, it will amend the statute for the aggravated battery. Aggravated battery is a felony offense. Now, the aggravated battery will include committing battery against a retail worker who is “relaying health or safety guidelines, recommendations, regulations, or rules form a federal, state, or local public health agency.”

The Bill Will Only Apply During a Disaster

The legislature decided that the bill will only apply when the governor has declared a state of emergency due to a disaster, due to a public health emergency, and for a period of six months after the governor’s declaration of emergency.

Does the Bill Constitute a Penalty Enhancement?

One of the most debated aspects of the bill involves whether it constitutes a penalty enhancement. The sponsor of the bill stated that the bill is not an enhancement. There is currently no law that specifically makes it a crime to commit a battery against a retail employee. Opponents of the bill stated that it is enough to charge those who batter a retail worker with a Class A misdemeanor under the current law.

Contact Our Experienced Criminal Defense Lawyers

Between the COVID-19 pandemic and the current protests, Illinois residents are under extreme pressure and many may snap at a moment’s notice. If you are facing a criminal charge for battery in Illinois, you need an experienced defense lawyer. Contact Glasgow & Olsson today to schedule your initial consultation with our experienced law firm.