Full Text of HB3930 99th General Assembly
HB3930enr 99TH GENERAL ASSEMBLY |
| | HB3930 Enrolled | | LRB099 10134 RLC 30357 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 12-7.1 and 21-1.2 as follows:
| 6 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 7 | | Sec. 12-7.1. Hate crime.
| 8 | | (a) A person commits hate crime when, by reason of the | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, or | 11 | | national origin of another individual or
group of individuals, | 12 | | regardless of the existence of any other motivating
factor or | 13 | | factors, he commits assault, battery, aggravated assault, | 14 | | misdemeanor
theft, criminal trespass to residence, misdemeanor | 15 | | criminal damage
to property, criminal trespass to vehicle, | 16 | | criminal trespass to real property,
mob action, disorderly | 17 | | conduct, harassment by telephone, or harassment through | 18 | | electronic
communications as these crimes are defined in | 19 | | Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, | 20 | | 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section | 21 | | 26.5-3 of this Code,
respectively.
| 22 | | (b) Except as provided in subsection (b-5), hate crime is a | 23 | | Class 4
felony for a first offense and a Class 2 felony for a |
| | | HB3930 Enrolled | - 2 - | LRB099 10134 RLC 30357 b |
|
| 1 | | second or subsequent
offense.
| 2 | | (b-5) Hate crime is a Class 3 felony for a first offense | 3 | | and a Class 2
felony for a second or subsequent offense if | 4 | | committed:
| 5 | | (1) in a church, synagogue, mosque, or other building, | 6 | | structure, or place
used for religious worship or other | 7 | | religious purpose;
| 8 | | (2) in a cemetery, mortuary, or other facility used for | 9 | | the purpose of
burial or memorializing the dead;
| 10 | | (3) in a school or other educational facility, | 11 | | including an administrative facility or public or private | 12 | | dormitory facility of or associated with the school or | 13 | | other educational facility;
| 14 | | (4) in a public park or an ethnic or religious | 15 | | community center;
| 16 | | (5) on the real property comprising any location | 17 | | specified in
clauses (1) through (4) of this subsection | 18 | | (b-5); or
| 19 | | (6) on a public way within 1,000 feet of the real | 20 | | property comprising any
location specified in clauses (1) | 21 | | through (4) of this subsection (b-5).
| 22 | | (b-10) Upon imposition of any sentence,
the trial
court | 23 | | shall also either order restitution paid to the victim
or | 24 | | impose a fine up to $1,000. In addition, any order of probation | 25 | | or
conditional discharge entered following a conviction or an | 26 | | adjudication of
delinquency shall include a condition that the |
| | | HB3930 Enrolled | - 3 - | LRB099 10134 RLC 30357 b |
|
| 1 | | offender perform public or
community service of no less than | 2 | | 200 hours if that service is established in
the county where | 3 | | the offender was convicted of hate crime. In addition, any | 4 | | order of probation or
conditional discharge entered following a | 5 | | conviction or an adjudication of
delinquency shall include a | 6 | | condition that the offender enroll in an educational program | 7 | | discouraging hate crimes if the offender caused criminal damage
| 8 | | to property consisting of religious fixtures, objects, or | 9 | | decorations. The educational program may be administered, as | 10 | | determined by the court, by a university, college, community | 11 | | college, non-profit organization, or the Holocaust and | 12 | | Genocide Commission. Nothing in this subsection (b-10) | 13 | | prohibits courses discouraging hate crimes from being made | 14 | | available online. The court may also
impose any other condition | 15 | | of probation or conditional discharge under this
Section.
| 16 | | (c) Independent of any criminal prosecution or the result
| 17 | | thereof, any
person suffering injury to his person or damage to | 18 | | his property as a result
of hate crime may bring a civil action | 19 | | for damages, injunction
or other appropriate relief. The court | 20 | | may award actual damages, including
damages for emotional | 21 | | distress, or punitive damages. A judgment may include
| 22 | | attorney's fees and costs. The parents or legal guardians, | 23 | | other than
guardians appointed pursuant to the Juvenile Court | 24 | | Act or the Juvenile
Court Act of 1987, of an unemancipated | 25 | | minor shall be liable for the amount
of any judgment for actual | 26 | | damages rendered against such minor under this
subsection (c) |
| | | HB3930 Enrolled | - 4 - | LRB099 10134 RLC 30357 b |
|
| 1 | | in any amount not exceeding the amount provided under
Section 5 | 2 | | of the Parental Responsibility Law.
| 3 | | (d) "Sexual orientation" has the meaning ascribed to it in | 4 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 5 | | Act means heterosexuality, homosexuality,
or bisexuality .
| 6 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; | 7 | | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)
| 8 | | (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
| 9 | | Sec. 21-1.2. Institutional vandalism.
| 10 | | (a) A person commits institutional vandalism when, by | 11 | | reason of the actual
or perceived race, color, creed, religion , | 12 | | ancestry, gender, sexual orientation, physical or mental | 13 | | disability, or national origin of another
individual or group | 14 | | of individuals, regardless of the existence of any other
| 15 | | motivating factor or factors, he or she knowingly and without | 16 | | consent
inflicts damage to any of the following properties:
| 17 | | (1) A church, synagogue, mosque, or other building, | 18 | | structure or place
used for religious worship or other | 19 | | religious purpose;
| 20 | | (2) A cemetery, mortuary, or other facility used for | 21 | | the
purpose of burial or memorializing the dead;
| 22 | | (3) A school, educational facility or community | 23 | | center;
| 24 | | (4) The grounds adjacent to, and owned or rented by, | 25 | | any institution,
facility, building, structure or place |
| | | HB3930 Enrolled | - 5 - | LRB099 10134 RLC 30357 b |
|
| 1 | | described in paragraphs (1), (2)
or (3) of this subsection | 2 | | (a); or
| 3 | | (5) Any personal property contained in any | 4 | | institution, facility,
building, structure or place | 5 | | described in paragraphs (1), (2) or (3) of this
subsection
| 6 | | (a).
| 7 | | (b) Sentence. | 8 | | (1) Institutional vandalism is a Class 3 felony when | 9 | | the damage to the
property does not exceed $300. | 10 | | Institutional vandalism is a Class 2 felony
when the damage | 11 | | to the property exceeds $300.
Institutional vandalism is a | 12 | | Class 2 felony for any second or subsequent
offense.
| 13 | | (2) Upon imposition of any sentence,
the trial court | 14 | | shall also either order restitution paid to the victim
or | 15 | | impose a fine up to $1,000. In addition, any order of | 16 | | probation or
conditional discharge entered following a | 17 | | conviction or an adjudication of
delinquency shall include | 18 | | a condition that the offender perform public or
community | 19 | | service of no less than 200 hours if that service is | 20 | | established in
the county where the offender was convicted | 21 | | of institutional vandalism. The
court may also impose any | 22 | | other condition of probation or conditional discharge
| 23 | | under this Section.
| 24 | | (c) Independent of any criminal prosecution or the result | 25 | | of that
prosecution, a person suffering damage to property or | 26 | | injury to his or her
person as a result of institutional |
| | | HB3930 Enrolled | - 6 - | LRB099 10134 RLC 30357 b |
|
| 1 | | vandalism may bring a civil action for
damages, injunction or | 2 | | other appropriate relief. The court may award actual
damages, | 3 | | including damages for emotional distress, or punitive damages. | 4 | | A
judgment may include attorney's fees and costs. The parents | 5 | | or legal guardians
of an unemancipated minor, other than | 6 | | guardians appointed under the Juvenile
Court Act or the | 7 | | Juvenile Court Act of 1987, shall be liable for the amount of
| 8 | | any judgment for actual damages rendered against the minor | 9 | | under this
subsection in an amount not exceeding the amount | 10 | | provided under Section
5
of the Parental Responsibility Law.
| 11 | | (d) As used in this Section, "sexual orientation" has the | 12 | | meaning ascribed to it in paragraph (O-1) of Section 1-103 of | 13 | | the Illinois Human Rights Act. | 14 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 15 | | Section 10. The Unified Code of Corrections is amended by | 16 | | changing Section 5-5-3.2 as follows:
| 17 | | (730 ILCS 5/5-5-3.2)
| 18 | | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 19 | | Sentencing.
| 20 | | (a) The following factors shall be accorded weight in favor | 21 | | of
imposing a term of imprisonment or may be considered by the | 22 | | court as reasons
to impose a more severe sentence under Section | 23 | | 5-8-1 or Article 4.5 of Chapter V:
| 24 | | (1) the defendant's conduct caused or threatened |
| | | HB3930 Enrolled | - 7 - | LRB099 10134 RLC 30357 b |
|
| 1 | | serious harm;
| 2 | | (2) the defendant received compensation for committing | 3 | | the offense;
| 4 | | (3) the defendant has a history of prior delinquency or | 5 | | criminal activity;
| 6 | | (4) the defendant, by the duties of his office or by | 7 | | his position,
was obliged to prevent the particular offense | 8 | | committed or to bring
the offenders committing it to | 9 | | justice;
| 10 | | (5) the defendant held public office at the time of the | 11 | | offense,
and the offense related to the conduct of that | 12 | | office;
| 13 | | (6) the defendant utilized his professional reputation | 14 | | or
position in the community to commit the offense, or to | 15 | | afford
him an easier means of committing it;
| 16 | | (7) the sentence is necessary to deter others from | 17 | | committing
the same crime;
| 18 | | (8) the defendant committed the offense against a | 19 | | person 60 years of age
or older or such person's property;
| 20 | | (9) the defendant committed the offense against a | 21 | | person who is
physically handicapped or such person's | 22 | | property;
| 23 | | (10) by reason of another individual's actual or | 24 | | perceived race, color,
creed, religion, ancestry, gender, | 25 | | sexual orientation, physical or mental
disability, or | 26 | | national origin, the defendant committed the offense |
| | | HB3930 Enrolled | - 8 - | LRB099 10134 RLC 30357 b |
|
| 1 | | against (i)
the person or property
of that individual; (ii) | 2 | | the person or property of a person who has an
association | 3 | | with, is married to, or has a friendship with the other | 4 | | individual;
or (iii) the person or property of a relative | 5 | | (by blood or marriage) of a
person described in clause (i) | 6 | | or (ii). For the purposes of this Section,
"sexual | 7 | | orientation" has the meaning ascribed to it in paragraph | 8 | | (O-1) of Section 1-103 of the Illinois Human Rights Act | 9 | | means heterosexuality, homosexuality, or bisexuality ;
| 10 | | (11) the offense took place in a place of worship or on | 11 | | the
grounds of a place of worship, immediately prior to, | 12 | | during or immediately
following worship services. For | 13 | | purposes of this subparagraph, "place of
worship" shall | 14 | | mean any church, synagogue or other building, structure or
| 15 | | place used primarily for religious worship;
| 16 | | (12) the defendant was convicted of a felony committed | 17 | | while he was
released on bail or his own recognizance | 18 | | pending trial for a prior felony
and was convicted of such | 19 | | prior felony, or the defendant was convicted of a
felony | 20 | | committed while he was serving a period of probation,
| 21 | | conditional discharge, or mandatory supervised release | 22 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 23 | | (13) the defendant committed or attempted to commit a | 24 | | felony while he
was wearing a bulletproof vest. For the | 25 | | purposes of this paragraph (13), a
bulletproof vest is any | 26 | | device which is designed for the purpose of
protecting the |
| | | HB3930 Enrolled | - 9 - | LRB099 10134 RLC 30357 b |
|
| 1 | | wearer from bullets, shot or other lethal projectiles;
| 2 | | (14) the defendant held a position of trust or | 3 | | supervision such as, but
not limited to, family member as | 4 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 5 | | teacher, scout leader, baby sitter, or day care worker, in
| 6 | | relation to a victim under 18 years of age, and the | 7 | | defendant committed an
offense in violation of Section | 8 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 9 | | 11-14.4 except for an offense that involves keeping a place | 10 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 11 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 12 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 13 | | of 2012
against
that victim;
| 14 | | (15) the defendant committed an offense related to the | 15 | | activities of an
organized gang. For the purposes of this | 16 | | factor, "organized gang" has the
meaning ascribed to it in | 17 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 18 | | Act;
| 19 | | (16) the defendant committed an offense in violation of | 20 | | one of the
following Sections while in a school, regardless | 21 | | of the time of day or time of
year; on any conveyance | 22 | | owned, leased, or contracted by a school to transport
| 23 | | students to or from school or a school related activity; on | 24 | | the real property
of a school; or on a public way within | 25 | | 1,000 feet of the real property
comprising any school: | 26 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| | | HB3930 Enrolled | - 10 - | LRB099 10134 RLC 30357 b |
|
| 1 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 2 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 3 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | 4 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 5 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 6 | | Criminal Code of 2012;
| 7 | | (16.5) the defendant committed an offense in violation | 8 | | of one of the
following Sections while in a day care | 9 | | center, regardless of the time of day or
time of year; on | 10 | | the real property of a day care center, regardless of the | 11 | | time
of day or time of year; or on a public
way within | 12 | | 1,000 feet of the real property comprising any day care | 13 | | center,
regardless of the time of day or time of year:
| 14 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 15 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 16 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 17 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 18 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 19 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 20 | | Criminal Code of 2012;
| 21 | | (17) the defendant committed the offense by reason of | 22 | | any person's
activity as a community policing volunteer or | 23 | | to prevent any person from
engaging in activity as a | 24 | | community policing volunteer. For the purpose of
this | 25 | | Section, "community policing volunteer" has the meaning | 26 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
| | | HB3930 Enrolled | - 11 - | LRB099 10134 RLC 30357 b |
|
| 1 | | 2012;
| 2 | | (18) the defendant committed the offense in a nursing | 3 | | home or on the
real
property comprising a nursing home. For | 4 | | the purposes of this paragraph (18),
"nursing home" means a | 5 | | skilled nursing
or intermediate long term care facility | 6 | | that is subject to license by the
Illinois Department of | 7 | | Public Health under the Nursing Home Care
Act, the | 8 | | Specialized Mental Health Rehabilitation Act of 2013, or | 9 | | the ID/DD Community Care Act;
| 10 | | (19) the defendant was a federally licensed firearm | 11 | | dealer
and
was
previously convicted of a violation of | 12 | | subsection (a) of Section 3 of the
Firearm Owners | 13 | | Identification Card Act and has now committed either a | 14 | | felony
violation
of the Firearm Owners Identification Card | 15 | | Act or an act of armed violence while
armed
with a firearm; | 16 | | (20) the defendant (i) committed the offense of | 17 | | reckless homicide under Section 9-3 of the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012 or the offense of driving | 19 | | under the influence of alcohol, other drug or
drugs, | 20 | | intoxicating compound or compounds or any combination | 21 | | thereof under Section 11-501 of the Illinois Vehicle Code | 22 | | or a similar provision of a local ordinance and (ii) was | 23 | | operating a motor vehicle in excess of 20 miles per hour | 24 | | over the posted speed limit as provided in Article VI of | 25 | | Chapter 11 of the Illinois Vehicle Code;
| 26 | | (21) the defendant (i) committed the offense of |
| | | HB3930 Enrolled | - 12 - | LRB099 10134 RLC 30357 b |
|
| 1 | | reckless driving or aggravated reckless driving under | 2 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 3 | | operating a motor vehicle in excess of 20 miles per hour | 4 | | over the posted speed limit as provided in Article VI of | 5 | | Chapter 11 of the Illinois Vehicle Code; | 6 | | (22) the defendant committed the offense against a | 7 | | person that the defendant knew, or reasonably should have | 8 | | known, was a member of the Armed Forces of the United | 9 | | States serving on active duty. For purposes of this clause | 10 | | (22), the term "Armed Forces" means any of the Armed Forces | 11 | | of the United States, including a member of any reserve | 12 | | component thereof or National Guard unit called to active | 13 | | duty;
| 14 | | (23)
the defendant committed the offense against a | 15 | | person who was elderly, disabled, or infirm by taking | 16 | | advantage of a family or fiduciary relationship with the | 17 | | elderly, disabled, or infirm person;
| 18 | | (24)
the defendant committed any offense under Section | 19 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 20 | | of 2012 and possessed 100 or more images;
| 21 | | (25) the defendant committed the offense while the | 22 | | defendant or the victim was in a train, bus, or other | 23 | | vehicle used for public transportation; | 24 | | (26) the defendant committed the offense of child | 25 | | pornography or aggravated child pornography, specifically | 26 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
| | | HB3930 Enrolled | - 13 - | LRB099 10134 RLC 30357 b |
|
| 1 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 3 | | solicited for, depicted in, or posed in any act of sexual | 4 | | penetration or bound, fettered, or subject to sadistic, | 5 | | masochistic, or sadomasochistic abuse in a sexual context | 6 | | and specifically including paragraph (1), (2), (3), (4), | 7 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 8 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 9 | | engaged in, solicited for, depicted in, or posed in any act | 10 | | of sexual penetration or bound, fettered, or subject to | 11 | | sadistic, masochistic, or sadomasochistic abuse in a | 12 | | sexual context; | 13 | | (27) the defendant committed the offense of first | 14 | | degree murder, assault, aggravated assault, battery, | 15 | | aggravated battery, robbery, armed robbery, or aggravated | 16 | | robbery against a person who was a veteran and the | 17 | | defendant knew, or reasonably should have known, that the | 18 | | person was a veteran performing duties as a representative | 19 | | of a veterans' organization. For the purposes of this | 20 | | paragraph (27), "veteran" means an Illinois resident who | 21 | | has served as a member of the United States Armed Forces, a | 22 | | member of the Illinois National Guard, or a member of the | 23 | | United States Reserve Forces; and "veterans' organization" | 24 | | means an organization comprised of members of
which | 25 | | substantially all are individuals who are veterans or | 26 | | spouses,
widows, or widowers of veterans, the primary |
| | | HB3930 Enrolled | - 14 - | LRB099 10134 RLC 30357 b |
|
| 1 | | purpose of which is to
promote the welfare of its members | 2 | | and to provide assistance to the general
public in such a | 3 | | way as to confer a public benefit; or | 4 | | (28) the defendant committed the offense of assault, | 5 | | aggravated assault, battery, aggravated battery, robbery, | 6 | | armed robbery, or aggravated robbery against a person that | 7 | | the defendant knew or reasonably should have known was a | 8 | | letter carrier or postal worker while that person was | 9 | | performing his or her duties delivering mail for the United | 10 | | States Postal Service. | 11 | | For the purposes of this Section:
| 12 | | "School" is defined as a public or private
elementary or | 13 | | secondary school, community college, college, or university.
| 14 | | "Day care center" means a public or private State certified | 15 | | and
licensed day care center as defined in Section 2.09 of the | 16 | | Child Care Act of
1969 that displays a sign in plain view | 17 | | stating that the
property is a day care center.
| 18 | | "Public transportation" means the transportation
or | 19 | | conveyance of persons by means available to the general public, | 20 | | and includes paratransit services. | 21 | | (b) The following factors, related to all felonies, may be | 22 | | considered by the court as
reasons to impose an extended term | 23 | | sentence under Section 5-8-2
upon any offender:
| 24 | | (1) When a defendant is convicted of any felony, after | 25 | | having
been previously convicted in Illinois or any other | 26 | | jurisdiction of the
same or similar class felony or greater |
| | | HB3930 Enrolled | - 15 - | LRB099 10134 RLC 30357 b |
|
| 1 | | class felony, when such conviction
has occurred within 10 | 2 | | years after the
previous conviction, excluding time spent | 3 | | in custody, and such charges are
separately brought and | 4 | | tried and arise out of different series of acts; or
| 5 | | (2) When a defendant is convicted of any felony and the | 6 | | court
finds that the offense was accompanied by | 7 | | exceptionally brutal
or heinous behavior indicative of | 8 | | wanton cruelty; or
| 9 | | (3) When a defendant is convicted of any felony | 10 | | committed against:
| 11 | | (i) a person under 12 years of age at the time of | 12 | | the offense or such
person's property;
| 13 | | (ii) a person 60 years of age or older at the time | 14 | | of the offense or
such person's property; or
| 15 | | (iii) a person physically handicapped at the time | 16 | | of the offense or
such person's property; or
| 17 | | (4) When a defendant is convicted of any felony and the | 18 | | offense
involved any of the following types of specific | 19 | | misconduct committed as
part of a ceremony, rite, | 20 | | initiation, observance, performance, practice or
activity | 21 | | of any actual or ostensible religious, fraternal, or social | 22 | | group:
| 23 | | (i) the brutalizing or torturing of humans or | 24 | | animals;
| 25 | | (ii) the theft of human corpses;
| 26 | | (iii) the kidnapping of humans;
|
| | | HB3930 Enrolled | - 16 - | LRB099 10134 RLC 30357 b |
|
| 1 | | (iv) the desecration of any cemetery, religious, | 2 | | fraternal, business,
governmental, educational, or | 3 | | other building or property; or
| 4 | | (v) ritualized abuse of a child; or
| 5 | | (5) When a defendant is convicted of a felony other | 6 | | than conspiracy and
the court finds that
the felony was | 7 | | committed under an agreement with 2 or more other persons
| 8 | | to commit that offense and the defendant, with respect to | 9 | | the other
individuals, occupied a position of organizer, | 10 | | supervisor, financier, or any
other position of management | 11 | | or leadership, and the court further finds that
the felony | 12 | | committed was related to or in furtherance of the criminal
| 13 | | activities of an organized gang or was motivated by the | 14 | | defendant's leadership
in an organized gang; or
| 15 | | (6) When a defendant is convicted of an offense | 16 | | committed while using a firearm with a
laser sight attached | 17 | | to it. For purposes of this paragraph, "laser sight"
has | 18 | | the meaning ascribed to it in Section 26-7 of the Criminal | 19 | | Code of
2012; or
| 20 | | (7) When a defendant who was at least 17 years of age | 21 | | at the
time of
the commission of the offense is convicted | 22 | | of a felony and has been previously
adjudicated a | 23 | | delinquent minor under the Juvenile Court Act of 1987 for | 24 | | an act
that if committed by an adult would be a Class X or | 25 | | Class 1 felony when the
conviction has occurred within 10 | 26 | | years after the previous adjudication,
excluding time |
| | | HB3930 Enrolled | - 17 - | LRB099 10134 RLC 30357 b |
|
| 1 | | spent in custody; or
| 2 | | (8) When a defendant commits any felony and the | 3 | | defendant used, possessed, exercised control over, or | 4 | | otherwise directed an animal to assault a law enforcement | 5 | | officer engaged in the execution of his or her official | 6 | | duties or in furtherance of the criminal activities of an | 7 | | organized gang in which the defendant is engaged; or
| 8 | | (9) When a defendant commits any felony and the | 9 | | defendant knowingly video or audio records the offense with | 10 | | the intent to disseminate the recording. | 11 | | (c) The following factors may be considered by the court as | 12 | | reasons to impose an extended term sentence under Section 5-8-2 | 13 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 14 | | (1) When a defendant is convicted of first degree | 15 | | murder, after having been previously convicted in Illinois | 16 | | of any offense listed under paragraph (c)(2) of Section | 17 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 18 | | within 10 years after the previous conviction, excluding | 19 | | time spent in custody, and the charges are separately | 20 | | brought and tried and arise out of different series of | 21 | | acts. | 22 | | (1.5) When a defendant is convicted of first degree | 23 | | murder, after having been previously convicted of domestic | 24 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 25 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 26 | | having been previously convicted of violation of an order |
| | | HB3930 Enrolled | - 18 - | LRB099 10134 RLC 30357 b |
|
| 1 | | of protection (720 ILCS 5/12-30) in which the same victim | 2 | | was the protected person. | 3 | | (2) When a defendant is convicted of voluntary | 4 | | manslaughter, second degree murder, involuntary | 5 | | manslaughter, or reckless homicide in which the defendant | 6 | | has been convicted of causing the death of more than one | 7 | | individual. | 8 | | (3) When a defendant is convicted of aggravated | 9 | | criminal sexual assault or criminal sexual assault, when | 10 | | there is a finding that aggravated criminal sexual assault | 11 | | or criminal sexual assault was also committed on the same | 12 | | victim by one or more other individuals, and the defendant | 13 | | voluntarily participated in the crime with the knowledge of | 14 | | the participation of the others in the crime, and the | 15 | | commission of the crime was part of a single course of | 16 | | conduct during which there was no substantial change in the | 17 | | nature of the criminal objective. | 18 | | (4) If the victim was under 18 years of age at the time | 19 | | of the commission of the offense, when a defendant is | 20 | | convicted of aggravated criminal sexual assault or | 21 | | predatory criminal sexual assault of a child under | 22 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 23 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 25 | | (5) When a defendant is convicted of a felony violation | 26 | | of Section 24-1 of the Criminal Code of 1961 or the |
| | | HB3930 Enrolled | - 19 - | LRB099 10134 RLC 30357 b |
|
| 1 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 2 | | finding that the defendant is a member of an organized | 3 | | gang. | 4 | | (6) When a defendant was convicted of unlawful use of | 5 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 7 | | a weapon that is not readily distinguishable as one of the | 8 | | weapons enumerated in Section 24-1 of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 10 | | (7) When a defendant is convicted of an offense | 11 | | involving the illegal manufacture of a controlled | 12 | | substance under Section 401 of the Illinois Controlled | 13 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 14 | | of methamphetamine under Section 25 of the Methamphetamine | 15 | | Control and Community Protection Act (720 ILCS 646/25), or | 16 | | the illegal possession of explosives and an emergency | 17 | | response officer in the performance of his or her duties is | 18 | | killed or injured at the scene of the offense while | 19 | | responding to the emergency caused by the commission of the | 20 | | offense. In this paragraph, "emergency" means a situation | 21 | | in which a person's life, health, or safety is in jeopardy; | 22 | | and "emergency response officer" means a peace officer, | 23 | | community policing volunteer, fireman, emergency medical | 24 | | technician-ambulance, emergency medical | 25 | | technician-intermediate, emergency medical | 26 | | technician-paramedic, ambulance driver, other medical |
| | | HB3930 Enrolled | - 20 - | LRB099 10134 RLC 30357 b |
|
| 1 | | assistance or first aid personnel, or hospital emergency | 2 | | room personnel.
| 3 | | (8) When the defendant is convicted of attempted mob | 4 | | action, solicitation to commit mob action, or conspiracy to | 5 | | commit mob action under Section 8-1, 8-2, or 8-4 of the | 6 | | Criminal Code of 2012, where the criminal object is a | 7 | | violation of Section 25-1 of the Criminal Code of 2012, and | 8 | | an electronic communication is used in the commission of | 9 | | the offense. For the purposes of this paragraph (8), | 10 | | "electronic communication" shall have the meaning provided | 11 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 12 | | (d) For the purposes of this Section, "organized gang" has | 13 | | the meaning
ascribed to it in Section 10 of the Illinois | 14 | | Streetgang Terrorism Omnibus
Prevention Act.
| 15 | | (e) The court may impose an extended term sentence under | 16 | | Article 4.5 of Chapter V upon an offender who has been | 17 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 18 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 19 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 20 | | when the victim of the offense is under 18 years of age at the | 21 | | time of the commission of the offense and, during the | 22 | | commission of the offense, the victim was under the influence | 23 | | of alcohol, regardless of whether or not the alcohol was | 24 | | supplied by the offender; and the offender, at the time of the | 25 | | commission of the offense, knew or should have known that the | 26 | | victim had consumed alcohol. |
| | | HB3930 Enrolled | - 21 - | LRB099 10134 RLC 30357 b |
|
| 1 | | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | 2 | | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | 3 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | 4 | | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. | 5 | | 7-16-14.)
|
|