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91_SB1471
LRB9111127DHmbA
1 AN ACT concerning approach of stationary authorized
2 emergency vehicles.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-206 and 11-907 as follows:
7 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
8 Sec. 6-206. Discretionary authority to suspend or revoke
9 license or permit; Right to a hearing.
10 (a) The Secretary of State is authorized to suspend or
11 revoke the driving privileges of any person without
12 preliminary hearing upon a showing of the person's records or
13 other sufficient evidence that the person:
14 1. Has committed an offense for which mandatory
15 revocation of a driver's license or permit is required
16 upon conviction;
17 2. Has been convicted of not less than 3 offenses
18 against traffic regulations governing the movement of
19 vehicles committed within any 12 month period. No
20 revocation or suspension shall be entered more than 6
21 months after the date of last conviction;
22 3. Has been repeatedly involved as a driver in
23 motor vehicle collisions or has been repeatedly convicted
24 of offenses against laws and ordinances regulating the
25 movement of traffic, to a degree that indicates lack of
26 ability to exercise ordinary and reasonable care in the
27 safe operation of a motor vehicle or disrespect for the
28 traffic laws and the safety of other persons upon the
29 highway;
30 4. Has by the unlawful operation of a motor vehicle
31 caused or contributed to an accident resulting in death
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1 or injury requiring immediate professional treatment in a
2 medical facility or doctor's office to any person, except
3 that any suspension or revocation imposed by the
4 Secretary of State under the provisions of this
5 subsection shall start no later than 6 months after being
6 convicted of violating a law or ordinance regulating the
7 movement of traffic, which violation is related to the
8 accident, or shall start not more than one year after the
9 date of the accident, whichever date occurs later;
10 5. Has permitted an unlawful or fraudulent use of a
11 driver's license, identification card, or permit;
12 6. Has been lawfully convicted of an offense or
13 offenses in another state, including the authorization
14 contained in Section 6-203.1, which if committed within
15 this State would be grounds for suspension or revocation;
16 7. Has refused or failed to submit to an
17 examination provided for by Section 6-207 or has failed
18 to pass the examination;
19 8. Is ineligible for a driver's license or permit
20 under the provisions of Section 6-103;
21 9. Has made a false statement or knowingly
22 concealed a material fact or has used false information
23 or identification in any application for a license,
24 identification card, or permit;
25 10. Has possessed, displayed, or attempted to
26 fraudulently use any license, identification card, or
27 permit not issued to the person;
28 11. Has operated a motor vehicle upon a highway of
29 this State when the person's driving privilege or
30 privilege to obtain a driver's license or permit was
31 revoked or suspended unless the operation was authorized
32 by a judicial driving permit, probationary license to
33 drive, or a restricted driving permit issued under this
34 Code;
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1 12. Has submitted to any portion of the application
2 process for another person or has obtained the services
3 of another person to submit to any portion of the
4 application process for the purpose of obtaining a
5 license, identification card, or permit for some other
6 person;
7 13. Has operated a motor vehicle upon a highway of
8 this State when the person's driver's license or permit
9 was invalid under the provisions of Sections 6-107.1 and
10 6-110;
11 14. Has committed a violation of Section 6-301,
12 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
13 14B of the Illinois Identification Card Act;
14 15. Has been convicted of violating Section 21-2 of
15 the Criminal Code of 1961 relating to criminal trespass
16 to vehicles in which case, the suspension shall be for
17 one year;
18 16. Has been convicted of violating Section 11-204
19 of this Code relating to fleeing from a police officer;
20 17. Has refused to submit to a test, or tests, as
21 required under Section 11-501.1 of this Code and the
22 person has not sought a hearing as provided for in
23 Section 11-501.1;
24 18. Has, since issuance of a driver's license or
25 permit, been adjudged to be afflicted with or suffering
26 from any mental disability or disease;
27 19. Has committed a violation of paragraph (a) or
28 (b) of Section 6-101 relating to driving without a
29 driver's license;
30 20. Has been convicted of violating Section 6-104
31 relating to classification of driver's license;
32 21. Has been convicted of violating Section 11-402
33 of this Code relating to leaving the scene of an accident
34 resulting in damage to a vehicle in excess of $1,000, in
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1 which case the suspension shall be for one year;
2 22. Has used a motor vehicle in violating paragraph
3 (3), (4), (7), or (9) of subsection (a) of Section 24-1
4 of the Criminal Code of 1961 relating to unlawful use of
5 weapons, in which case the suspension shall be for one
6 year;
7 23. Has, as a driver, been convicted of committing
8 a violation of paragraph (a) of Section 11-502 of this
9 Code for a second or subsequent time within one year of a
10 similar violation;
11 24. Has been convicted by a court-martial or
12 punished by non-judicial punishment by military
13 authorities of the United States at a military
14 installation in Illinois of or for a traffic related
15 offense that is the same as or similar to an offense
16 specified under Section 6-205 or 6-206 of this Code;
17 25. Has permitted any form of identification to be
18 used by another in the application process in order to
19 obtain or attempt to obtain a license, identification
20 card, or permit;
21 26. Has altered or attempted to alter a license or
22 has possessed an altered license, identification card, or
23 permit;
24 27. Has violated Section 6-16 of the Liquor Control
25 Act of 1934;
26 28. Has been convicted of the illegal possession,
27 while operating or in actual physical control, as a
28 driver, of a motor vehicle, of any controlled substance
29 prohibited under the Illinois Controlled Substances Act
30 or any cannabis prohibited under the provisions of the
31 Cannabis Control Act, in which case the person's driving
32 privileges shall be suspended for one year, and any
33 driver who is convicted of a second or subsequent
34 offense, within 5 years of a previous conviction, for the
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1 illegal possession, while operating or in actual physical
2 control, as a driver, of a motor vehicle, of any
3 controlled substance prohibited under the provisions of
4 the Illinois Controlled Substances Act or any cannabis
5 prohibited under the Cannabis Control Act shall be
6 suspended for 5 years. Any defendant found guilty of this
7 offense while operating a motor vehicle, shall have an
8 entry made in the court record by the presiding judge
9 that this offense did occur while the defendant was
10 operating a motor vehicle and order the clerk of the
11 court to report the violation to the Secretary of State;
12 29. Has been convicted of the following offenses
13 that were committed while the person was operating or in
14 actual physical control, as a driver, of a motor vehicle:
15 criminal sexual assault, predatory criminal sexual
16 assault of a child, aggravated criminal sexual assault,
17 criminal sexual abuse, aggravated criminal sexual abuse,
18 juvenile pimping, soliciting for a juvenile prostitute
19 and the manufacture, sale or delivery of controlled
20 substances or instruments used for illegal drug use or
21 abuse in which case the driver's driving privileges shall
22 be suspended for one year;
23 30. Has been convicted a second or subsequent time
24 for any combination of the offenses named in paragraph 29
25 of this subsection, in which case the person's driving
26 privileges shall be suspended for 5 years;
27 31. Has refused to submit to a test as required by
28 Section 11-501.6 or has submitted to a test resulting in
29 an alcohol concentration of 0.08 or more or any amount of
30 a drug, substance, or compound resulting from the
31 unlawful use or consumption of cannabis as listed in the
32 Cannabis Control Act or a controlled substance as listed
33 in the Illinois Controlled Substances Act in which case
34 the penalty shall be as prescribed in Section 6-208.1;
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1 32. Has been convicted of Section 24-1.2 of the
2 Criminal Code of 1961 relating to the aggravated
3 discharge of a firearm if the offender was located in a
4 motor vehicle at the time the firearm was discharged, in
5 which case the suspension shall be for 3 years;
6 33. Has as a driver, who was less than 21 years of
7 age on the date of the offense, been convicted a first
8 time of a violation of paragraph (a) of Section 11-502 of
9 this Code or a similar provision of a local ordinance;
10 34. Has committed a violation of Section 11-1301.5
11 of this Code;
12 35. Has committed a violation of Section 11-1301.6
13 of this Code; or
14 36. Is under the age of 21 years at the time of
15 arrest and has been convicted of not less than 2
16 offenses against traffic regulations governing the
17 movement of vehicles committed within any 24 month
18 period. No revocation or suspension shall be entered
19 more than 6 months after the date of last conviction.
20 37. Has committed a violation of paragraph (3) of
21 subsection (a) of Section 11-907 of this Code and the
22 violation resulted in injury to or the death of any
23 person. If the violation resulted in the injury to any
24 person, the suspension shall be for 2 years. If the
25 violation resulted in the death of any person, the
26 suspension shall be for 5 years.
27 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
28 and 27 of this subsection, license means any driver's
29 license, any traffic ticket issued when the person's driver's
30 license is deposited in lieu of bail, a suspension notice
31 issued by the Secretary of State, a duplicate or corrected
32 driver's license, a probationary driver's license or a
33 temporary driver's license.
34 (b) If any conviction forming the basis of a suspension
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1 or revocation authorized under this Section is appealed, the
2 Secretary of State may rescind or withhold the entry of the
3 order of suspension or revocation, as the case may be,
4 provided that a certified copy of a stay order of a court is
5 filed with the Secretary of State. If the conviction is
6 affirmed on appeal, the date of the conviction shall relate
7 back to the time the original judgment of conviction was
8 entered and the 6 month limitation prescribed shall not
9 apply.
10 (c) 1. Upon suspending or revoking the driver's license
11 or permit of any person as authorized in this Section,
12 the Secretary of State shall immediately notify the
13 person in writing of the revocation or suspension. The
14 notice to be deposited in the United States mail, postage
15 prepaid, to the last known address of the person.
16 2. If the Secretary of State suspends the driver's
17 license of a person under subsection 2 of paragraph (a)
18 of this Section, a person's privilege to operate a
19 vehicle as an occupation shall not be suspended, provided
20 an affidavit is properly completed, the appropriate fee
21 received, and a permit issued prior to the effective date
22 of the suspension, unless 5 offenses were committed, at
23 least 2 of which occurred while operating a commercial
24 vehicle in connection with the driver's regular
25 occupation. All other driving privileges shall be
26 suspended by the Secretary of State. Any driver prior to
27 operating a vehicle for occupational purposes only must
28 submit the affidavit on forms to be provided by the
29 Secretary of State setting forth the facts of the
30 person's occupation. The affidavit shall also state the
31 number of offenses committed while operating a vehicle in
32 connection with the driver's regular occupation. The
33 affidavit shall be accompanied by the driver's license.
34 Upon receipt of a properly completed affidavit, the
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1 Secretary of State shall issue the driver a permit to
2 operate a vehicle in connection with the driver's regular
3 occupation only. Unless the permit is issued by the
4 Secretary of State prior to the date of suspension, the
5 privilege to drive any motor vehicle shall be suspended
6 as set forth in the notice that was mailed under this
7 Section. If an affidavit is received subsequent to the
8 effective date of this suspension, a permit may be issued
9 for the remainder of the suspension period.
10 The provisions of this subparagraph shall not apply
11 to any driver required to obtain a commercial driver's
12 license under Section 6-507 during the period of a
13 disqualification of commercial driving privileges under
14 Section 6-514.
15 Any person who falsely states any fact in the
16 affidavit required herein shall be guilty of perjury
17 under Section 6-302 and upon conviction thereof shall
18 have all driving privileges revoked without further
19 rights.
20 3. At the conclusion of a hearing under Section
21 2-118 of this Code, the Secretary of State shall either
22 rescind or continue an order of revocation or shall
23 substitute an order of suspension; or, good cause
24 appearing therefor, rescind, continue, change, or extend
25 the order of suspension. If the Secretary of State does
26 not rescind the order, the Secretary may upon
27 application, to relieve undue hardship, issue a
28 restricted driving permit granting the privilege of
29 driving a motor vehicle between the petitioner's
30 residence and petitioner's place of employment or within
31 the scope of his employment related duties, or to allow
32 transportation for the petitioner, or a household member
33 of the petitioner's family, to receive necessary medical
34 care and if the professional evaluation indicates,
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1 provide transportation for alcohol remedial or
2 rehabilitative activity, or for the petitioner to attend
3 classes, as a student, in an accredited educational
4 institution; if the petitioner is able to demonstrate
5 that no alternative means of transportation is reasonably
6 available and the petitioner will not endanger the public
7 safety or welfare. In each case the Secretary may issue a
8 restricted driving permit for a period deemed
9 appropriate, except that all permits shall expire within
10 one year from the date of issuance. A restricted driving
11 permit issued under this Section shall be subject to
12 cancellation, revocation, and suspension by the Secretary
13 of State in like manner and for like cause as a driver's
14 license issued under this Code may be cancelled, revoked,
15 or suspended; except that a conviction upon one or more
16 offenses against laws or ordinances regulating the
17 movement of traffic shall be deemed sufficient cause for
18 the revocation, suspension, or cancellation of a
19 restricted driving permit. The Secretary of State may, as
20 a condition to the issuance of a restricted driving
21 permit, require the applicant to participate in a
22 designated driver remedial or rehabilitative program. The
23 Secretary of State is authorized to cancel a restricted
24 driving permit if the permit holder does not successfully
25 complete the program.
26 (c-5) The Secretary of State may, as a condition of the
27 reissuance of a driver's license or permit to an applicant
28 under the age of 18 years whose driver's license or permit
29 has been suspended pursuant to any of the provisions of this
30 Section, require the applicant to participate in a driver
31 remedial education course and be retested under Section 6-109
32 of this Code.
33 (d) This Section is subject to the provisions of the
34 Drivers License Compact.
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1 (e) The Secretary of State shall not issue a restricted
2 driving permit to a person under the age of 16 years whose
3 driving privileges have been suspended or revoked under any
4 provisions of this Code.
5 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
6 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
7 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
8 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
9 Sec. 11-907. Operation of vehicles and streetcars on
10 approach of authorized emergency vehicles. (a) Upon the
11 immediate approach of an authorized emergency vehicle making
12 use of audible and visual signals meeting the requirements of
13 this Code or a police vehicle properly and lawfully making
14 use of an audible or visual signal,
15 (1) the driver of every other vehicle shall yield the
16 right-of-way and shall immediately drive to a position
17 parallel to, and as close as possible to, the right-hand edge
18 or curb of the highway clear of any intersection and shall,
19 if necessary to permit the safe passage of the emergency
20 vehicle, stop and remain in such position until the
21 authorized emergency vehicle has passed, unless otherwise
22 directed by a police officer and
23 (2) the operator of every streetcar shall immediately
24 stop such car clear of any intersection and keep it in such
25 position until the authorized emergency vehicle has passed,
26 unless otherwise directed by a police officer.
27 (3) Upon approaching a stationary authorized emergency
28 vehicle, when the authorized emergency vehicle is making use
29 of visual signals, the driver of every other vehicle shall
30 either: (i) while proceeding with due care, yield the
31 right-of-way by making a lane change into a lane not adjacent
32 to that of the authorized emergency vehicle, if possible with
33 regard to traffic conditions and the safety of any person,
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1 when traveling on a highway having at least 4 lanes with not
2 less than 2 lanes moving in the same direction; or (ii) while
3 proceeding with due care, decrease the speed of the vehicle
4 and maintain a following distance which is reasonable and
5 prudent, having due regard for traffic and highway
6 conditions, if changing lanes would be unsafe or impossible.
7 (b) This Section does shall not operate to relieve the
8 driver of an authorized emergency vehicle from the duty to
9 operate the vehicle drive with due regard for the safety of
10 all persons using the highway.
11 (c) Any driver who is convicted of violating paragraph
12 (3) of subsection (a) of this Section is guilty of a petty
13 offense and shall be required to pay a fine in excess of
14 $500, but not more than $1,000. Any driver convicted of a
15 second or subsequent violation is guilty of a Class B
16 misdemeanor and shall be required to pay a fine of not less
17 than $1,000 and not more than $1,500.
18 (Source: P.A. 83-781.)
19 Section 10. The Unified Code of Corrections is amended
20 by changing Section 5-5-3.2 as follows:
21 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
22 Sec. 5-5-3.2. Factors in Aggravation.
23 (a) The following factors shall be accorded weight in
24 favor of imposing a term of imprisonment or may be considered
25 by the court as reasons to impose a more severe sentence
26 under Section 5-8-1:
27 (1) the defendant's conduct caused or threatened
28 serious harm;
29 (2) the defendant received compensation for
30 committing the offense;
31 (3) the defendant has a history of prior
32 delinquency or criminal activity;
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1 (4) the defendant, by the duties of his office or
2 by his position, was obliged to prevent the particular
3 offense committed or to bring the offenders committing it
4 to justice;
5 (5) the defendant held public office at the time of
6 the offense, and the offense related to the conduct of
7 that office;
8 (6) the defendant utilized his professional
9 reputation or position in the community to commit the
10 offense, or to afford him an easier means of committing
11 it;
12 (7) the sentence is necessary to deter others from
13 committing the same crime;
14 (8) the defendant committed the offense against a
15 person 60 years of age or older or such person's
16 property;
17 (9) the defendant committed the offense against a
18 person who is physically handicapped or such person's
19 property;
20 (10) by reason of another individual's actual or
21 perceived race, color, creed, religion, ancestry, gender,
22 sexual orientation, physical or mental disability, or
23 national origin, the defendant committed the offense
24 against (i) the person or property of that individual;
25 (ii) the person or property of a person who has an
26 association with, is married to, or has a friendship with
27 the other individual; or (iii) the person or property of
28 a relative (by blood or marriage) of a person described
29 in clause (i) or (ii). For the purposes of this Section,
30 "sexual orientation" means heterosexuality,
31 homosexuality, or bisexuality;
32 (11) the offense took place in a place of worship
33 or on the grounds of a place of worship, immediately
34 prior to, during or immediately following worship
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1 services. For purposes of this subparagraph, "place of
2 worship" shall mean any church, synagogue or other
3 building, structure or place used primarily for religious
4 worship;
5 (12) the defendant was convicted of a felony
6 committed while he was released on bail or his own
7 recognizance pending trial for a prior felony and was
8 convicted of such prior felony, or the defendant was
9 convicted of a felony committed while he was serving a
10 period of probation, conditional discharge, or mandatory
11 supervised release under subsection (d) of Section 5-8-1
12 for a prior felony;
13 (13) the defendant committed or attempted to commit
14 a felony while he was wearing a bulletproof vest. For
15 the purposes of this paragraph (13), a bulletproof vest
16 is any device which is designed for the purpose of
17 protecting the wearer from bullets, shot or other lethal
18 projectiles;
19 (14) the defendant held a position of trust or
20 supervision such as, but not limited to, family member as
21 defined in Section 12-12 of the Criminal Code of 1961,
22 teacher, scout leader, baby sitter, or day care worker,
23 in relation to a victim under 18 years of age, and the
24 defendant committed an offense in violation of Section
25 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
26 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
27 1961 against that victim;
28 (15) the defendant committed an offense related to
29 the activities of an organized gang. For the purposes of
30 this factor, "organized gang" has the meaning ascribed to
31 it in Section 10 of the Streetgang Terrorism Omnibus
32 Prevention Act;
33 (16) the defendant committed an offense in
34 violation of one of the following Sections while in a
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1 school, regardless of the time of day or time of year; on
2 any conveyance owned, leased, or contracted by a school
3 to transport students to or from school or a school
4 related activity; on the real property of a school; or on
5 a public way within 1,000 feet of the real property
6 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
7 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
8 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
9 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
10 1961;
11 (16.5) the defendant committed an offense in
12 violation of one of the following Sections while in a day
13 care center, regardless of the time of day or time of
14 year; on the real property of a day care center,
15 regardless of the time of day or time of year; or on a
16 public way within 1,000 feet of the real property
17 comprising any day care center, regardless of the time of
18 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
19 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
20 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
21 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
22 1961;
23 (17) the defendant committed the offense by reason
24 of any person's activity as a community policing
25 volunteer or to prevent any person from engaging in
26 activity as a community policing volunteer. For the
27 purpose of this Section, "community policing volunteer"
28 has the meaning ascribed to it in Section 2-3.5 of the
29 Criminal Code of 1961; or
30 (18) the defendant committed the offense in a
31 nursing home or on the real property comprising a nursing
32 home. For the purposes of this paragraph (18), "nursing
33 home" means a skilled nursing or intermediate long term
34 care facility that is subject to license by the Illinois
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1 Department of Public Health under the Nursing Home Care
2 Act;.
3 (19) (18) the defendant was a federally licensed
4 firearm dealer and was previously convicted of a
5 violation of subsection (a) of Section 3 of the Firearm
6 Owners Identification Card Act and has now committed
7 either a felony violation of the Firearm Owners
8 Identification Card Act or an act of armed violence while
9 armed with a firearm; or .
10 (20) the defendant committed an offense in
11 violation of Section 9-3 or Section 9-3.2 of the Criminal
12 Code of 1961 immediately before, at the same time, or
13 immediately after the defendant approached a stationary
14 authorized emergency vehicle while the authorized
15 emergency vehicle was making use of visual signals.
16 For the purposes of this Section:
17 "School" is defined as a public or private elementary or
18 secondary school, community college, college, or university.
19 "Day care center" means a public or private State
20 certified and licensed day care center as defined in Section
21 2.09 of the Child Care Act of 1969 that displays a sign in
22 plain view stating that the property is a day care center.
23 (b) The following factors may be considered by the court
24 as reasons to impose an extended term sentence under Section
25 5-8-2 upon any offender:
26 (1) When a defendant is convicted of any felony,
27 after having been previously convicted in Illinois or any
28 other jurisdiction of the same or similar class felony or
29 greater class felony, when such conviction has occurred
30 within 10 years after the previous conviction, excluding
31 time spent in custody, and such charges are separately
32 brought and tried and arise out of different series of
33 acts; or
34 (2) When a defendant is convicted of any felony and
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1 the court finds that the offense was accompanied by
2 exceptionally brutal or heinous behavior indicative of
3 wanton cruelty; or
4 (3) When a defendant is convicted of voluntary
5 manslaughter, second degree murder, involuntary
6 manslaughter or reckless homicide in which the defendant
7 has been convicted of causing the death of more than one
8 individual; or
9 (4) When a defendant is convicted of any felony
10 committed against:
11 (i) a person under 12 years of age at the time
12 of the offense or such person's property;
13 (ii) a person 60 years of age or older at the
14 time of the offense or such person's property; or
15 (iii) a person physically handicapped at the
16 time of the offense or such person's property; or
17 (5) In the case of a defendant convicted of
18 aggravated criminal sexual assault or criminal sexual
19 assault, when the court finds that aggravated criminal
20 sexual assault or criminal sexual assault was also
21 committed on the same victim by one or more other
22 individuals, and the defendant voluntarily participated
23 in the crime with the knowledge of the participation of
24 the others in the crime, and the commission of the crime
25 was part of a single course of conduct during which there
26 was no substantial change in the nature of the criminal
27 objective; or
28 (6) When a defendant is convicted of any felony and
29 the offense involved any of the following types of
30 specific misconduct committed as part of a ceremony,
31 rite, initiation, observance, performance, practice or
32 activity of any actual or ostensible religious,
33 fraternal, or social group:
34 (i) the brutalizing or torturing of humans or
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1 animals;
2 (ii) the theft of human corpses;
3 (iii) the kidnapping of humans;
4 (iv) the desecration of any cemetery,
5 religious, fraternal, business, governmental,
6 educational, or other building or property; or
7 (v) ritualized abuse of a child; or
8 (7) When a defendant is convicted of first degree
9 murder, after having been previously convicted in
10 Illinois of any offense listed under paragraph (c)(2) of
11 Section 5-5-3, when such conviction has occurred within
12 10 years after the previous conviction, excluding time
13 spent in custody, and such charges are separately brought
14 and tried and arise out of different series of acts; or
15 (8) When a defendant is convicted of a felony other
16 than conspiracy and the court finds that the felony was
17 committed under an agreement with 2 or more other persons
18 to commit that offense and the defendant, with respect to
19 the other individuals, occupied a position of organizer,
20 supervisor, financier, or any other position of
21 management or leadership, and the court further finds
22 that the felony committed was related to or in
23 furtherance of the criminal activities of an organized
24 gang or was motivated by the defendant's leadership in an
25 organized gang; or
26 (9) When a defendant is convicted of a felony
27 violation of Section 24-1 of the Criminal Code of 1961
28 and the court finds that the defendant is a member of an
29 organized gang; or
30 (10) When a defendant committed the offense using a
31 firearm with a laser sight attached to it. For purposes
32 of this paragraph (10), "laser sight" has the meaning
33 ascribed to it in Section 24.6-5 of the Criminal Code of
34 1961; or.
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1 (11) (10) When a defendant who was at least 17
2 years of age at the time of the commission of the offense
3 is convicted of a felony and has been previously
4 adjudicated a delinquent minor under the Juvenile Court
5 Act of 1987 for an act that if committed by an adult
6 would be a Class X or Class 1 felony when the conviction
7 has occurred within 10 years after the previous
8 adjudication, excluding time spent in custody.
9 (b-1) For the purposes of this Section, "organized gang"
10 has the meaning ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (c) The court may impose an extended term sentence under
13 Section 5-8-2 upon any offender who was convicted of
14 aggravated criminal sexual assault or predatory criminal
15 sexual assault of a child under subsection (a)(1) of Section
16 12-14.1 of the Criminal Code of 1961 where the victim was
17 under 18 years of age at the time of the commission of the
18 offense.
19 (d) The court may impose an extended term sentence under
20 Section 5-8-2 upon any offender who was convicted of unlawful
21 use of weapons under Section 24-1 of the Criminal Code of
22 1961 for possessing a weapon that is not readily
23 distinguishable as one of the weapons enumerated in Section
24 24-1 of the Criminal Code of 1961.
25 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
26 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
27 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
28 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
29 revised 8-30-99.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.