103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1863

 

Introduced 2/9/2023, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3.2

    Amends the Unified Code of Corrections. Provides that if the defendant committed the offense in or on the grounds of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients and the offense was a crime of violence committed against a licensed health care professional or an employee of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients, this factor shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as a reason to impose a more severe sentence.


LRB103 26113 RLC 52468 b

 

 

A BILL FOR

 

SB1863LRB103 26113 RLC 52468 b

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 Unified Code of Corrections is amended by
5changing Section 5-5-3.2 as follows:
 
6    (730 ILCS 5/5-5-3.2)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 5-5-3.2. Factors in aggravation and extended-term
9sentencing.
10    (a) The following factors shall be accorded weight in
11favor of imposing a term of imprisonment or may be considered
12by the court as reasons to impose a more severe sentence under
13Section 5-8-1 or Article 4.5 of Chapter V:
14        (1) the defendant's conduct caused or threatened
15    serious harm;
16        (2) the defendant received compensation for committing
17    the offense;
18        (3) the defendant has a history of prior delinquency
19    or criminal activity;
20        (4) the defendant, by the duties of his office or by
21    his position, was obliged to prevent the particular
22    offense committed or to bring the offenders committing it
23    to justice;

 

 

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1        (5) the defendant held public office at the time of
2    the offense, and the offense related to the conduct of
3    that office;
4        (6) the defendant utilized his professional reputation
5    or position in the community to commit the offense, or to
6    afford him an easier means of committing it;
7        (7) the sentence is necessary to deter others from
8    committing the same crime;
9        (8) the defendant committed the offense against a
10    person 60 years of age or older or such person's property;
11        (9) the defendant committed the offense against a
12    person who has a physical disability or such person's
13    property;
14        (10) by reason of another individual's actual or
15    perceived race, color, creed, religion, ancestry, gender,
16    sexual orientation, physical or mental disability, or
17    national origin, the defendant committed the offense
18    against (i) the person or property of that individual;
19    (ii) the person or property of a person who has an
20    association with, is married to, or has a friendship with
21    the other individual; or (iii) the person or property of a
22    relative (by blood or marriage) of a person described in
23    clause (i) or (ii). For the purposes of this Section,
24    "sexual orientation" has the meaning ascribed to it in
25    paragraph (O-1) of Section 1-103 of the Illinois Human
26    Rights Act;

 

 

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1        (11) the offense took place in a place of worship or on
2    the grounds of a place of worship, immediately prior to,
3    during or immediately following worship services. For
4    purposes of this subparagraph, "place of worship" shall
5    mean any church, synagogue or other building, structure or
6    place used primarily for religious worship;
7        (12) the defendant was convicted of a felony committed
8    while he was on pretrial release or his own recognizance
9    pending trial for a prior felony and was convicted of such
10    prior felony, or the defendant was convicted of a felony
11    committed while he was serving a period of probation,
12    conditional discharge, or mandatory supervised release
13    under subsection (d) of Section 5-8-1 for a prior felony;
14        (13) the defendant committed or attempted to commit a
15    felony while he was wearing a bulletproof vest. For the
16    purposes of this paragraph (13), a bulletproof vest is any
17    device which is designed for the purpose of protecting the
18    wearer from bullets, shot or other lethal 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 11-0.1 of the Criminal Code of 2012,
22    teacher, scout leader, baby sitter, or day care worker, in
23    relation to a victim under 18 years of age, and the
24    defendant committed an offense in violation of Section
25    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
26    11-14.4 except for an offense that involves keeping a

 

 

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1    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
2    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
3    or 12-16 of the Criminal Code of 1961 or the Criminal Code
4    of 2012 against that victim;
5        (15) the defendant committed an offense related to the
6    activities of an organized gang. For the purposes of this
7    factor, "organized gang" has the meaning ascribed to it in
8    Section 10 of the Streetgang Terrorism Omnibus Prevention
9    Act;
10        (16) the defendant committed an offense in violation
11    of one of the following Sections while in a school,
12    regardless of the time of day or time of year; on any
13    conveyance owned, leased, or contracted by a school to
14    transport students to or from school or a school related
15    activity; on the real property of a school; or on a public
16    way within 1,000 feet of the real property comprising any
17    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
18    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
19    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
20    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
21    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
22    for subdivision (a)(4) or (g)(1), of the Criminal Code of
23    1961 or the Criminal Code of 2012;
24        (16.5) the defendant committed an offense in violation
25    of one of the following Sections while in a day care
26    center, regardless of the time of day or time of year; on

 

 

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1    the real property of a day care center, regardless of the
2    time of day or time of year; or on a public way within
3    1,000 feet of the real property comprising any day care
4    center, regardless of the time of day or time of year:
5    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
6    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
7    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
8    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
9    18-2, or 33A-2, or Section 12-3.05 except for subdivision
10    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
11    Criminal Code of 2012;
12        (17) the defendant committed the offense by reason of
13    any person's activity as a community policing volunteer or
14    to prevent any person from engaging in activity as a
15    community policing volunteer. For the purpose of this
16    Section, "community policing volunteer" has the meaning
17    ascribed to it in Section 2-3.5 of the Criminal Code of
18    2012;
19        (18) the defendant committed the offense in a nursing
20    home or on the real property comprising a nursing home.
21    For the purposes of this paragraph (18), "nursing home"
22    means a skilled nursing or intermediate long term care
23    facility that is subject to license by the Illinois
24    Department of Public Health under the Nursing Home Care
25    Act, the Specialized Mental Health Rehabilitation Act of
26    2013, the ID/DD Community Care Act, or the MC/DD Act;

 

 

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1        (19) the defendant was a federally licensed firearm
2    dealer and was previously convicted of a violation of
3    subsection (a) of Section 3 of the Firearm Owners
4    Identification Card Act and has now committed either a
5    felony violation of the Firearm Owners Identification Card
6    Act or an act of armed violence while armed with a firearm;
7        (20) the defendant (i) committed the offense of
8    reckless homicide under Section 9-3 of the Criminal Code
9    of 1961 or the Criminal Code of 2012 or the offense of
10    driving under the influence of alcohol, other drug or
11    drugs, intoxicating compound or compounds or any
12    combination thereof under Section 11-501 of the Illinois
13    Vehicle Code or a similar provision of a local ordinance
14    and (ii) was operating a motor vehicle in excess of 20
15    miles per hour over the posted speed limit as provided in
16    Article VI of Chapter 11 of the Illinois Vehicle Code;
17        (21) the defendant (i) committed the offense of
18    reckless driving or aggravated reckless driving under
19    Section 11-503 of the Illinois Vehicle Code and (ii) was
20    operating a motor vehicle in excess of 20 miles per hour
21    over the posted speed limit as provided in Article VI of
22    Chapter 11 of the Illinois Vehicle Code;
23        (22) the defendant committed the offense against a
24    person that the defendant knew, or reasonably should have
25    known, was a member of the Armed Forces of the United
26    States serving on active duty. For purposes of this clause

 

 

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1    (22), the term "Armed Forces" means any of the Armed
2    Forces of the United States, including a member of any
3    reserve component thereof or National Guard unit called to
4    active duty;
5        (23) the defendant committed the offense against a
6    person who was elderly or infirm or who was a person with a
7    disability by taking advantage of a family or fiduciary
8    relationship with the elderly or infirm person or person
9    with a disability;
10        (24) the defendant committed any offense under Section
11    11-20.1 of the Criminal Code of 1961 or the Criminal Code
12    of 2012 and possessed 100 or more images;
13        (25) the defendant committed the offense while the
14    defendant or the victim was in a train, bus, or other
15    vehicle used for public transportation;
16        (26) the defendant committed the offense of child
17    pornography or aggravated child pornography, specifically
18    including paragraph (1), (2), (3), (4), (5), or (7) of
19    subsection (a) of Section 11-20.1 of the Criminal Code of
20    1961 or the Criminal Code of 2012 where a child engaged in,
21    solicited for, depicted in, or posed in any act of sexual
22    penetration or bound, fettered, or subject to sadistic,
23    masochistic, or sadomasochistic abuse in a sexual context
24    and specifically including paragraph (1), (2), (3), (4),
25    (5), or (7) of subsection (a) of Section 11-20.1B or
26    Section 11-20.3 of the Criminal Code of 1961 where a child

 

 

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1    engaged in, solicited for, depicted in, or posed in any
2    act of sexual penetration or bound, fettered, or subject
3    to sadistic, masochistic, or sadomasochistic abuse in a
4    sexual context;
5        (27) the defendant committed the offense of first
6    degree murder, assault, aggravated assault, battery,
7    aggravated battery, robbery, armed robbery, or aggravated
8    robbery against a person who was a veteran and the
9    defendant knew, or reasonably should have known, that the
10    person was a veteran performing duties as a representative
11    of a veterans' organization. For the purposes of this
12    paragraph (27), "veteran" means an Illinois resident who
13    has served as a member of the United States Armed Forces, a
14    member of the Illinois National Guard, or a member of the
15    United States Reserve Forces; and "veterans' organization"
16    means an organization comprised of members of which
17    substantially all are individuals who are veterans or
18    spouses, widows, or widowers of veterans, the primary
19    purpose of which is to promote the welfare of its members
20    and to provide assistance to the general public in such a
21    way as to confer a public benefit;
22        (28) the defendant committed the offense of assault,
23    aggravated assault, battery, aggravated battery, robbery,
24    armed robbery, or aggravated robbery against a person that
25    the defendant knew or reasonably should have known was a
26    letter carrier or postal worker while that person was

 

 

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1    performing his or her duties delivering mail for the
2    United States Postal Service;
3        (29) the defendant committed the offense of criminal
4    sexual assault, aggravated criminal sexual assault,
5    criminal sexual abuse, or aggravated criminal sexual abuse
6    against a victim with an intellectual disability, and the
7    defendant holds a position of trust, authority, or
8    supervision in relation to the victim;
9        (30) the defendant committed the offense of promoting
10    juvenile prostitution, patronizing a prostitute, or
11    patronizing a minor engaged in prostitution and at the
12    time of the commission of the offense knew that the
13    prostitute or minor engaged in prostitution was in the
14    custody or guardianship of the Department of Children and
15    Family Services;
16        (31) the defendant (i) committed the offense of
17    driving while under the influence of alcohol, other drug
18    or drugs, intoxicating compound or compounds or any
19    combination thereof in violation of Section 11-501 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance and (ii) the defendant during the commission of
22    the offense was driving his or her vehicle upon a roadway
23    designated for one-way traffic in the opposite direction
24    of the direction indicated by official traffic control
25    devices;
26        (32) the defendant committed the offense of reckless

 

 

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1    homicide while committing a violation of Section 11-907 of
2    the Illinois Vehicle Code;
3        (33) the defendant was found guilty of an
4    administrative infraction related to an act or acts of
5    public indecency or sexual misconduct in the penal
6    institution. In this paragraph (33), "penal institution"
7    has the same meaning as in Section 2-14 of the Criminal
8    Code of 2012; or
9        (34) the defendant committed the offense of leaving
10    the scene of an accident in violation of subsection (b) of
11    Section 11-401 of the Illinois Vehicle Code and the
12    accident resulted in the death of a person and at the time
13    of the offense, the defendant was: (i) driving under the
14    influence of alcohol, other drug or drugs, intoxicating
15    compound or compounds or any combination thereof as
16    defined by Section 11-501 of the Illinois Vehicle Code; or
17    (ii) operating the motor vehicle while using an electronic
18    communication device as defined in Section 12-610.2 of the
19    Illinois Vehicle Code.
20    For the purposes of this Section:
21    "School" is defined as a public or private elementary or
22secondary school, community college, college, or university.
23    "Day care center" means a public or private State
24certified and licensed day care center as defined in Section
252.09 of the Child Care Act of 1969 that displays a sign in
26plain view stating that the property is a day care center.

 

 

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1    "Intellectual disability" means significantly subaverage
2intellectual functioning which exists concurrently with
3impairment in adaptive behavior.
4    "Public transportation" means the transportation or
5conveyance of persons by means available to the general
6public, and includes paratransit services.
7    "Traffic control devices" means all signs, signals,
8markings, and devices that conform to the Illinois Manual on
9Uniform Traffic Control Devices, placed or erected by
10authority of a public body or official having jurisdiction,
11for the purpose of regulating, warning, or guiding traffic.
12    (b) The following factors, related to all felonies, may be
13considered by the court as reasons to impose an extended term
14sentence under Section 5-8-2 upon any offender:
15        (1) When a defendant is convicted of any felony, after
16    having been previously convicted in Illinois or any other
17    jurisdiction of the same or similar class felony or
18    greater class felony, when such conviction has occurred
19    within 10 years after the previous conviction, excluding
20    time spent in custody, and such charges are separately
21    brought and tried and arise out of different series of
22    acts; or
23        (2) When a defendant is convicted of any felony and
24    the court finds that the offense was accompanied by
25    exceptionally brutal or heinous behavior indicative of
26    wanton cruelty; or

 

 

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1        (3) When a defendant is convicted of any felony
2    committed against:
3            (i) a person under 12 years of age at the time of
4        the offense or such person's property;
5            (ii) a person 60 years of age or older at the time
6        of the offense or such person's property; or
7            (iii) a person who had a physical disability at
8        the time of the offense or such person's property; or
9        (4) When a defendant is convicted of any felony and
10    the offense involved any of the following types of
11    specific misconduct committed as part of a ceremony, rite,
12    initiation, observance, performance, practice or activity
13    of any actual or ostensible religious, fraternal, or
14    social group:
15            (i) the brutalizing or torturing of humans or
16        animals;
17            (ii) the theft of human corpses;
18            (iii) the kidnapping of humans;
19            (iv) the desecration of any cemetery, religious,
20        fraternal, business, governmental, educational, or
21        other building or property; or
22            (v) ritualized abuse of a child; or
23        (5) When a defendant is convicted of a felony other
24    than conspiracy and the court finds that the felony was
25    committed under an agreement with 2 or more other persons
26    to commit that offense and the defendant, with respect to

 

 

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1    the other individuals, occupied a position of organizer,
2    supervisor, financier, or any other position of management
3    or leadership, and the court further finds that the felony
4    committed was related to or in furtherance of the criminal
5    activities of an organized gang or was motivated by the
6    defendant's leadership in an organized gang; or
7        (6) When a defendant is convicted of an offense
8    committed while using a firearm with a laser sight
9    attached to it. For purposes of this paragraph, "laser
10    sight" has the meaning ascribed to it in Section 26-7 of
11    the Criminal Code of 2012; or
12        (7) When a defendant who was at least 17 years of age
13    at the time of the commission of the offense is convicted
14    of a felony and has been previously adjudicated a
15    delinquent minor under the Juvenile Court Act of 1987 for
16    an act that if committed by an adult would be a Class X or
17    Class 1 felony when the conviction has occurred within 10
18    years after the previous adjudication, excluding time
19    spent in custody; or
20        (8) When a defendant commits any felony and the
21    defendant used, possessed, exercised control over, or
22    otherwise directed an animal to assault a law enforcement
23    officer engaged in the execution of his or her official
24    duties or in furtherance of the criminal activities of an
25    organized gang in which the defendant is engaged; or
26        (9) When a defendant commits any felony and the

 

 

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1    defendant knowingly video or audio records the offense
2    with the intent to disseminate the recording.
3    (c) The following factors may be considered by the court
4as reasons to impose an extended term sentence under Section
55-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
6offenses:
7        (1) When a defendant is convicted of first degree
8    murder, after having been previously convicted in Illinois
9    of any offense listed under paragraph (c)(2) of Section
10    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
11    occurred within 10 years after the previous conviction,
12    excluding time spent in custody, and the charges are
13    separately brought and tried and arise out of different
14    series of acts.
15        (1.5) When a defendant is convicted of first degree
16    murder, after having been previously convicted of domestic
17    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
18    (720 ILCS 5/12-3.3) committed on the same victim or after
19    having been previously convicted of violation of an order
20    of protection (720 ILCS 5/12-30) in which the same victim
21    was the protected person.
22        (2) When a defendant is convicted of voluntary
23    manslaughter, second degree murder, involuntary
24    manslaughter, or reckless homicide in which the defendant
25    has been convicted of causing the death of more than one
26    individual.

 

 

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1        (3) When a defendant is convicted of aggravated
2    criminal sexual assault or criminal sexual assault, when
3    there is a finding that aggravated criminal sexual assault
4    or criminal sexual assault was also committed on the same
5    victim by one or more other individuals, and the defendant
6    voluntarily participated in the crime with the knowledge
7    of the participation of the others in the crime, and the
8    commission of the crime was part of a single course of
9    conduct during which there was no substantial change in
10    the nature of the criminal objective.
11        (4) If the victim was under 18 years of age at the time
12    of the commission of the offense, when a defendant is
13    convicted of aggravated criminal sexual assault or
14    predatory criminal sexual assault of a child under
15    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
16    of Section 12-14.1 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
18        (5) When a defendant is convicted of a felony
19    violation of Section 24-1 of the Criminal Code of 1961 or
20    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
21    finding that the defendant is a member of an organized
22    gang.
23        (6) When a defendant was convicted of unlawful use of
24    weapons under Section 24-1 of the Criminal Code of 1961 or
25    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
26    a weapon that is not readily distinguishable as one of the

 

 

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1    weapons enumerated in Section 24-1 of the Criminal Code of
2    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
3        (7) When a defendant is convicted of an offense
4    involving the illegal manufacture of a controlled
5    substance under Section 401 of the Illinois Controlled
6    Substances Act (720 ILCS 570/401), the illegal manufacture
7    of methamphetamine under Section 25 of the Methamphetamine
8    Control and Community Protection Act (720 ILCS 646/25), or
9    the illegal possession of explosives and an emergency
10    response officer in the performance of his or her duties
11    is killed or injured at the scene of the offense while
12    responding to the emergency caused by the commission of
13    the offense. In this paragraph, "emergency" means a
14    situation in which a person's life, health, or safety is
15    in jeopardy; and "emergency response officer" means a
16    peace officer, community policing volunteer, fireman,
17    emergency medical technician-ambulance, emergency medical
18    technician-intermediate, emergency medical
19    technician-paramedic, ambulance driver, other medical
20    assistance or first aid personnel, or hospital emergency
21    room personnel.
22        (8) When the defendant is convicted of attempted mob
23    action, solicitation to commit mob action, or conspiracy
24    to commit mob action under Section 8-1, 8-2, or 8-4 of the
25    Criminal Code of 2012, where the criminal object is a
26    violation of Section 25-1 of the Criminal Code of 2012,

 

 

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1    and an electronic communication is used in the commission
2    of the offense. For the purposes of this paragraph (8),
3    "electronic communication" shall have the meaning provided
4    in Section 26.5-0.1 of the Criminal Code of 2012.
5    (d) For the purposes of this Section, "organized gang" has
6the meaning ascribed to it in Section 10 of the Illinois
7Streetgang Terrorism Omnibus Prevention Act.
8    (e) The court may impose an extended term sentence under
9Article 4.5 of Chapter V upon an offender who has been
10convicted of a felony violation of Section 11-1.20, 11-1.30,
1111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
13when the victim of the offense is under 18 years of age at the
14time of the commission of the offense and, during the
15commission of the offense, the victim was under the influence
16of alcohol, regardless of whether or not the alcohol was
17supplied by the offender; and the offender, at the time of the
18commission of the offense, knew or should have known that the
19victim had consumed alcohol.
20(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
21101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
228-20-21.)
 
23    (Text of Section after amendment by P.A. 102-982)
24    Sec. 5-5-3.2. Factors in aggravation and extended-term
25sentencing.

 

 

SB1863- 18 -LRB103 26113 RLC 52468 b

1    (a) The following factors shall be accorded weight in
2favor of imposing a term of imprisonment or may be considered
3by the court as reasons to impose a more severe sentence under
4Section 5-8-1 or Article 4.5 of Chapter V:
5        (1) the defendant's conduct caused or threatened
6    serious harm;
7        (2) the defendant received compensation for committing
8    the offense;
9        (3) the defendant has a history of prior delinquency
10    or criminal activity;
11        (4) the defendant, by the duties of his office or by
12    his position, was obliged to prevent the particular
13    offense committed or to bring the offenders committing it
14    to justice;
15        (5) the defendant held public office at the time of
16    the offense, and the offense related to the conduct of
17    that office;
18        (6) the defendant utilized his professional reputation
19    or position in the community to commit the offense, or to
20    afford him an easier means of committing it;
21        (7) the sentence is necessary to deter others from
22    committing the same crime;
23        (8) the defendant committed the offense against a
24    person 60 years of age or older or such person's property;
25        (9) the defendant committed the offense against a
26    person who has a physical disability or such person's

 

 

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1    property;
2        (10) by reason of another individual's actual or
3    perceived race, color, creed, religion, ancestry, gender,
4    sexual orientation, physical or mental disability, or
5    national origin, the defendant committed the offense
6    against (i) the person or property of that individual;
7    (ii) the person or property of a person who has an
8    association with, is married to, or has a friendship with
9    the other individual; or (iii) the person or property of a
10    relative (by blood or marriage) of a person described in
11    clause (i) or (ii). For the purposes of this Section,
12    "sexual orientation" has the meaning ascribed to it in
13    paragraph (O-1) of Section 1-103 of the Illinois Human
14    Rights Act;
15        (11) the offense took place in a place of worship or on
16    the grounds of a place of worship, immediately prior to,
17    during or immediately following worship services. For
18    purposes of this subparagraph, "place of worship" shall
19    mean any church, synagogue or other building, structure or
20    place used primarily for religious worship;
21        (12) the defendant was convicted of a felony committed
22    while he was on pretrial release or his own recognizance
23    pending trial for a prior felony and was convicted of such
24    prior felony, or the defendant was convicted of a felony
25    committed while he was serving a period of probation,
26    conditional discharge, or mandatory supervised release

 

 

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1    under subsection (d) of Section 5-8-1 for a prior felony;
2        (13) the defendant committed or attempted to commit a
3    felony while he was wearing a bulletproof vest. For the
4    purposes of this paragraph (13), a bulletproof vest is any
5    device which is designed for the purpose of protecting the
6    wearer from bullets, shot or other lethal projectiles;
7        (14) the defendant held a position of trust or
8    supervision such as, but not limited to, family member as
9    defined in Section 11-0.1 of the Criminal Code of 2012,
10    teacher, scout leader, baby sitter, or day care worker, in
11    relation to a victim under 18 years of age, and the
12    defendant committed an offense in violation of Section
13    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
14    11-14.4 except for an offense that involves keeping a
15    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
16    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
17    or 12-16 of the Criminal Code of 1961 or the Criminal Code
18    of 2012 against that victim;
19        (15) the defendant committed an offense related to the
20    activities of an organized gang. For the purposes of this
21    factor, "organized gang" has the meaning ascribed to it in
22    Section 10 of the Streetgang Terrorism Omnibus Prevention
23    Act;
24        (16) the defendant committed an offense in violation
25    of one of the following Sections while in a school,
26    regardless of the time of day or time of year; on any

 

 

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1    conveyance owned, leased, or contracted by a school to
2    transport students to or from school or a school related
3    activity; on the real property of a school; or on a public
4    way within 1,000 feet of the real property comprising any
5    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
6    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
7    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
8    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
9    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
10    for subdivision (a)(4) or (g)(1), of the Criminal Code of
11    1961 or the Criminal Code of 2012;
12        (16.5) the defendant committed an offense in violation
13    of one of the following Sections while in a day care
14    center, regardless of the time of day or time of year; on
15    the real property of a day care center, regardless of the
16    time of day or time of year; or on a public way within
17    1,000 feet of the real property comprising any day care
18    center, regardless of the time of day or time of year:
19    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
20    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
21    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
22    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
23    18-2, or 33A-2, or Section 12-3.05 except for subdivision
24    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
25    Criminal Code of 2012;
26        (17) the defendant committed the offense by reason of

 

 

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1    any person's activity as a community policing volunteer or
2    to prevent any person from engaging in activity as a
3    community policing volunteer. For the purpose of this
4    Section, "community policing volunteer" has the meaning
5    ascribed to it in Section 2-3.5 of the Criminal Code of
6    2012;
7        (18) the defendant committed the offense in a nursing
8    home or on the real property comprising a nursing home.
9    For the purposes of this paragraph (18), "nursing home"
10    means a skilled nursing or intermediate long term care
11    facility that is subject to license by the Illinois
12    Department of Public Health under the Nursing Home Care
13    Act, the Specialized Mental Health Rehabilitation Act of
14    2013, the ID/DD Community Care Act, or the MC/DD Act;
15        (19) the defendant was a federally licensed firearm
16    dealer and was previously convicted of a violation of
17    subsection (a) of Section 3 of the Firearm Owners
18    Identification Card Act and has now committed either a
19    felony violation of the Firearm Owners Identification Card
20    Act or an act of armed violence while armed with a firearm;
21        (20) the defendant (i) committed the offense of
22    reckless homicide under Section 9-3 of the Criminal Code
23    of 1961 or the Criminal Code of 2012 or the offense of
24    driving under the influence of alcohol, other drug or
25    drugs, intoxicating compound or compounds or any
26    combination thereof under Section 11-501 of the Illinois

 

 

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1    Vehicle Code or a similar provision of a local ordinance
2    and (ii) was operating a motor vehicle in excess of 20
3    miles per hour over the posted speed limit as provided in
4    Article VI of Chapter 11 of the Illinois Vehicle Code;
5        (21) the defendant (i) committed the offense of
6    reckless driving or aggravated reckless driving under
7    Section 11-503 of the Illinois Vehicle Code and (ii) was
8    operating a motor vehicle in excess of 20 miles per hour
9    over the posted speed limit as provided in Article VI of
10    Chapter 11 of the Illinois Vehicle Code;
11        (22) the defendant committed the offense against a
12    person that the defendant knew, or reasonably should have
13    known, was a member of the Armed Forces of the United
14    States serving on active duty. For purposes of this clause
15    (22), the term "Armed Forces" means any of the Armed
16    Forces of the United States, including a member of any
17    reserve component thereof or National Guard unit called to
18    active duty;
19        (23) the defendant committed the offense against a
20    person who was elderly or infirm or who was a person with a
21    disability by taking advantage of a family or fiduciary
22    relationship with the elderly or infirm person or person
23    with a disability;
24        (24) the defendant committed any offense under Section
25    11-20.1 of the Criminal Code of 1961 or the Criminal Code
26    of 2012 and possessed 100 or more images;

 

 

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1        (25) the defendant committed the offense while the
2    defendant or the victim was in a train, bus, or other
3    vehicle used for public transportation;
4        (26) the defendant committed the offense of child
5    pornography or aggravated child pornography, specifically
6    including paragraph (1), (2), (3), (4), (5), or (7) of
7    subsection (a) of Section 11-20.1 of the Criminal Code of
8    1961 or the Criminal Code of 2012 where a child engaged in,
9    solicited for, depicted in, or posed in any act of sexual
10    penetration or bound, fettered, or subject to sadistic,
11    masochistic, or sadomasochistic abuse in a sexual context
12    and specifically including paragraph (1), (2), (3), (4),
13    (5), or (7) of subsection (a) of Section 11-20.1B or
14    Section 11-20.3 of the Criminal Code of 1961 where a child
15    engaged in, solicited for, depicted in, or posed in any
16    act of sexual penetration or bound, fettered, or subject
17    to sadistic, masochistic, or sadomasochistic abuse in a
18    sexual context;
19        (27) the defendant committed the offense of first
20    degree murder, assault, aggravated assault, battery,
21    aggravated battery, robbery, armed robbery, or aggravated
22    robbery against a person who was a veteran and the
23    defendant knew, or reasonably should have known, that the
24    person was a veteran performing duties as a representative
25    of a veterans' organization. For the purposes of this
26    paragraph (27), "veteran" means an Illinois resident who

 

 

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1    has served as a member of the United States Armed Forces, a
2    member of the Illinois National Guard, or a member of the
3    United States Reserve Forces; and "veterans' organization"
4    means an organization comprised of members of which
5    substantially all are individuals who are veterans or
6    spouses, widows, or widowers of veterans, the primary
7    purpose of which is to promote the welfare of its members
8    and to provide assistance to the general public in such a
9    way as to confer a public benefit;
10        (28) the defendant committed the offense of assault,
11    aggravated assault, battery, aggravated battery, robbery,
12    armed robbery, or aggravated robbery against a person that
13    the defendant knew or reasonably should have known was a
14    letter carrier or postal worker while that person was
15    performing his or her duties delivering mail for the
16    United States Postal Service;
17        (29) the defendant committed the offense of criminal
18    sexual assault, aggravated criminal sexual assault,
19    criminal sexual abuse, or aggravated criminal sexual abuse
20    against a victim with an intellectual disability, and the
21    defendant holds a position of trust, authority, or
22    supervision in relation to the victim;
23        (30) the defendant committed the offense of promoting
24    juvenile prostitution, patronizing a prostitute, or
25    patronizing a minor engaged in prostitution and at the
26    time of the commission of the offense knew that the

 

 

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1    prostitute or minor engaged in prostitution was in the
2    custody or guardianship of the Department of Children and
3    Family Services;
4        (31) the defendant (i) committed the offense of
5    driving while under the influence of alcohol, other drug
6    or drugs, intoxicating compound or compounds or any
7    combination thereof in violation of Section 11-501 of the
8    Illinois Vehicle Code or a similar provision of a local
9    ordinance and (ii) the defendant during the commission of
10    the offense was driving his or her vehicle upon a roadway
11    designated for one-way traffic in the opposite direction
12    of the direction indicated by official traffic control
13    devices;
14        (32) the defendant committed the offense of reckless
15    homicide while committing a violation of Section 11-907 of
16    the Illinois Vehicle Code;
17        (33) the defendant was found guilty of an
18    administrative infraction related to an act or acts of
19    public indecency or sexual misconduct in the penal
20    institution. In this paragraph (33), "penal institution"
21    has the same meaning as in Section 2-14 of the Criminal
22    Code of 2012; or
23        (34) the defendant committed the offense of leaving
24    the scene of a crash in violation of subsection (b) of
25    Section 11-401 of the Illinois Vehicle Code and the crash
26    resulted in the death of a person and at the time of the

 

 

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1    offense, the defendant was: (i) driving under the
2    influence of alcohol, other drug or drugs, intoxicating
3    compound or compounds or any combination thereof as
4    defined by Section 11-501 of the Illinois Vehicle Code; or
5    (ii) operating the motor vehicle while using an electronic
6    communication device as defined in Section 12-610.2 of the
7    Illinois Vehicle Code; or .
8        (35) the defendant committed the offense in or on the
9    grounds of a hospital, ambulatory surgical treatment
10    center, physician's office, or other medical facility that
11    treats patients and the offense was a crime of violence
12    committed against a licensed health care professional or
13    an employee of a hospital, ambulatory surgical treatment
14    center, physician's office, or other medical facility that
15    treats patients.
16    For the purposes of this Section:
17    "Ambulatory surgical treatment center" has the meaning
18ascribed to it in Section 3 of the Ambulatory Surgical
19Treatment Center Act.
20    "Crime of violence" has the meaning ascribed to it in
21Section 2 of the Crime Victims Compensation Act.
22    "School" is defined as a public or private elementary or
23secondary school, community college, college, or university.
24    "Day care center" means a public or private State
25certified and licensed day care center as defined in Section
262.09 of the Child Care Act of 1969 that displays a sign in

 

 

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1plain view stating that the property is a day care center.
2    "Hospital" has the meaning ascribed to it in Section 3 of
3the Hospital Licensing Act.
4    "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7    "Licensed health care professional" means a physician
8licensed to practice medicine in all its branches, clinical
9psychologist, a licensed practical nurse, a registered nurse,
10licensed advanced practice registered nurse, or a licensed
11physician assistant.
12    "Public transportation" means the transportation or
13conveyance of persons by means available to the general
14public, and includes paratransit services.
15    "School" means a public or private elementary or secondary
16school, community college, college, or university.
17    "Traffic control devices" means all signs, signals,
18markings, and devices that conform to the Illinois Manual on
19Uniform Traffic Control Devices, placed or erected by
20authority of a public body or official having jurisdiction,
21for the purpose of regulating, warning, or guiding traffic.
22    (b) The following factors, related to all felonies, may be
23considered by the court as reasons to impose an extended term
24sentence under Section 5-8-2 upon any offender:
25        (1) When a defendant is convicted of any felony, after
26    having been previously convicted in Illinois or any other

 

 

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1    jurisdiction of the same or similar class felony or
2    greater class felony, when such conviction has occurred
3    within 10 years after the previous conviction, excluding
4    time spent in custody, and such charges are separately
5    brought and tried and arise out of different series of
6    acts; or
7        (2) When a defendant is convicted of any felony and
8    the court finds that the offense was accompanied by
9    exceptionally brutal or heinous behavior indicative of
10    wanton cruelty; or
11        (3) When a defendant is convicted of any felony
12    committed against:
13            (i) a person under 12 years of age at the time of
14        the offense or such person's property;
15            (ii) a person 60 years of age or older at the time
16        of the offense or such person's property; or
17            (iii) a person who had a physical disability at
18        the time of the offense or such person's property; or
19        (4) When a defendant is convicted of any felony and
20    the offense involved any of the following types of
21    specific misconduct committed as part of a ceremony, rite,
22    initiation, observance, performance, practice or activity
23    of any actual or ostensible religious, fraternal, or
24    social group:
25            (i) the brutalizing or torturing of humans or
26        animals;

 

 

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1            (ii) the theft of human corpses;
2            (iii) the kidnapping of humans;
3            (iv) the desecration of any cemetery, religious,
4        fraternal, business, governmental, educational, or
5        other building or property; or
6            (v) ritualized abuse of a child; or
7        (5) When a defendant is convicted of a felony other
8    than conspiracy and the court finds that the felony was
9    committed under an agreement with 2 or more other persons
10    to commit that offense and the defendant, with respect to
11    the other individuals, occupied a position of organizer,
12    supervisor, financier, or any other position of management
13    or leadership, and the court further finds that the felony
14    committed was related to or in furtherance of the criminal
15    activities of an organized gang or was motivated by the
16    defendant's leadership in an organized gang; or
17        (6) When a defendant is convicted of an offense
18    committed while using a firearm with a laser sight
19    attached to it. For purposes of this paragraph, "laser
20    sight" has the meaning ascribed to it in Section 26-7 of
21    the Criminal Code of 2012; or
22        (7) When a defendant who was at least 17 years of age
23    at the time of the commission of the offense is convicted
24    of a felony and has been previously adjudicated a
25    delinquent minor under the Juvenile Court Act of 1987 for
26    an act that if committed by an adult would be a Class X or

 

 

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1    Class 1 felony when the conviction has occurred within 10
2    years after the previous adjudication, excluding time
3    spent in custody; or
4        (8) When a defendant commits any felony and the
5    defendant used, possessed, exercised control over, or
6    otherwise directed an animal to assault a law enforcement
7    officer engaged in the execution of his or her official
8    duties or in furtherance of the criminal activities of an
9    organized gang in which the defendant is engaged; or
10        (9) When a defendant commits any felony and the
11    defendant knowingly video or audio records the offense
12    with the intent to disseminate the recording.
13    (c) The following factors may be considered by the court
14as reasons to impose an extended term sentence under Section
155-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
16offenses:
17        (1) When a defendant is convicted of first degree
18    murder, after having been previously convicted in Illinois
19    of any offense listed under paragraph (c)(2) of Section
20    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
21    occurred within 10 years after the previous conviction,
22    excluding time spent in custody, and the charges are
23    separately brought and tried and arise out of different
24    series of acts.
25        (1.5) When a defendant is convicted of first degree
26    murder, after having been previously convicted of domestic

 

 

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1    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
2    (720 ILCS 5/12-3.3) committed on the same victim or after
3    having been previously convicted of violation of an order
4    of protection (720 ILCS 5/12-30) in which the same victim
5    was the protected person.
6        (2) When a defendant is convicted of voluntary
7    manslaughter, second degree murder, involuntary
8    manslaughter, or reckless homicide in which the defendant
9    has been convicted of causing the death of more than one
10    individual.
11        (3) When a defendant is convicted of aggravated
12    criminal sexual assault or criminal sexual assault, when
13    there is a finding that aggravated criminal sexual assault
14    or criminal sexual assault was also committed on the same
15    victim by one or more other individuals, and the defendant
16    voluntarily participated in the crime with the knowledge
17    of the participation of the others in the crime, and the
18    commission of the crime was part of a single course of
19    conduct during which there was no substantial change in
20    the nature of the criminal objective.
21        (4) If the victim was under 18 years of age at the time
22    of the commission of the offense, when a defendant is
23    convicted of aggravated criminal sexual assault or
24    predatory criminal sexual assault of a child under
25    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
26    of Section 12-14.1 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
2        (5) When a defendant is convicted of a felony
3    violation of Section 24-1 of the Criminal Code of 1961 or
4    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
5    finding that the defendant is a member of an organized
6    gang.
7        (6) When a defendant was convicted of unlawful use of
8    weapons under Section 24-1 of the Criminal Code of 1961 or
9    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
10    a weapon that is not readily distinguishable as one of the
11    weapons enumerated in Section 24-1 of the Criminal Code of
12    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
13        (7) When a defendant is convicted of an offense
14    involving the illegal manufacture of a controlled
15    substance under Section 401 of the Illinois Controlled
16    Substances Act (720 ILCS 570/401), the illegal manufacture
17    of methamphetamine under Section 25 of the Methamphetamine
18    Control and Community Protection Act (720 ILCS 646/25), or
19    the illegal possession of explosives and an emergency
20    response officer in the performance of his or her duties
21    is killed or injured at the scene of the offense while
22    responding to the emergency caused by the commission of
23    the offense. In this paragraph, "emergency" means a
24    situation in which a person's life, health, or safety is
25    in jeopardy; and "emergency response officer" means a
26    peace officer, community policing volunteer, fireman,

 

 

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1    emergency medical technician-ambulance, emergency medical
2    technician-intermediate, emergency medical
3    technician-paramedic, ambulance driver, other medical
4    assistance or first aid personnel, or hospital emergency
5    room personnel.
6        (8) When the defendant is convicted of attempted mob
7    action, solicitation to commit mob action, or conspiracy
8    to commit mob action under Section 8-1, 8-2, or 8-4 of the
9    Criminal Code of 2012, where the criminal object is a
10    violation of Section 25-1 of the Criminal Code of 2012,
11    and an electronic communication is used in the commission
12    of the offense. For the purposes of this paragraph (8),
13    "electronic communication" shall have the meaning provided
14    in Section 26.5-0.1 of the Criminal Code of 2012.
15    (d) For the purposes of this Section, "organized gang" has
16the meaning ascribed to it in Section 10 of the Illinois
17Streetgang Terrorism Omnibus Prevention Act.
18    (e) The court may impose an extended term sentence under
19Article 4.5 of Chapter V upon an offender who has been
20convicted of a felony violation of Section 11-1.20, 11-1.30,
2111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
23when the victim of the offense is under 18 years of age at the
24time of the commission of the offense and, during the
25commission of the offense, the victim was under the influence
26of alcohol, regardless of whether or not the alcohol was

 

 

SB1863- 35 -LRB103 26113 RLC 52468 b

1supplied by the offender; and the offender, at the time of the
2commission of the offense, knew or should have known that the
3victim had consumed alcohol.
4(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
5101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
68-20-21; 102-982, eff. 7-1-23.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.