Full Text of HB1309 98th General Assembly
HB1309 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1309 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-2 | from Ch. 38, par. 12-2 | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | 730 ILCS 5/5-5-3.2 | |
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Amends the Criminal Code of 2012. Provides that a person commits aggravated assault or aggravated battery when he or she, in committing the assault or battery, knowingly video or audio records the offense with the intent to disseminate the recording. Provides that an aggravated assault committed under these circumstances is a Class 4 felony and an aggravated battery committed under these circumstances is a Class 3 felony. Amends the Unified Code of Corrections. Provides that the court may impose an extended term sentence when a defendant commits any felony and the defendant knowingly video or audio records the offense with the intent to disseminate the recording.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 12-2 and 12-3.05 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) Offense based on location of conduct. A person commits | 9 | | aggravated assault when he or she commits an assault against an | 10 | | individual who is on or about a public way, public property, a | 11 | | public place of accommodation or amusement, or a sports venue. | 12 | | (b) Offense based on status of victim. A person commits | 13 | | aggravated assault when, in committing an assault, he or she | 14 | | knows the individual assaulted to be any of the following: | 15 | | (1) A physically handicapped person or a person 60 | 16 | | years of age or older and the assault is without legal | 17 | | justification. | 18 | | (2) A teacher or school employee upon school grounds or | 19 | | grounds adjacent to a school or in any part of a building | 20 | | used for school purposes. | 21 | | (3) A park district employee upon park grounds or | 22 | | grounds adjacent to a park or in any part of a building | 23 | | used for park purposes. |
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| 1 | | (4) A peace officer, community policing volunteer, | 2 | | fireman, private security officer, emergency management | 3 | | worker, emergency medical technician, or utility worker: | 4 | | (i) performing his or her official duties; | 5 | | (ii) assaulted to prevent performance of his or her | 6 | | official duties; or | 7 | | (iii) assaulted in retaliation for performing his | 8 | | or her official duties. | 9 | | (5) A correctional officer or probation officer: | 10 | | (i) performing his or her official duties; | 11 | | (ii) assaulted to prevent performance of his or her | 12 | | official duties; or | 13 | | (iii) assaulted in retaliation for performing his | 14 | | or her official duties. | 15 | | (6) A correctional institution employee, a county | 16 | | juvenile detention center employee who provides direct and | 17 | | continuous supervision of residents of a juvenile | 18 | | detention center, including a county juvenile detention | 19 | | center employee who supervises recreational activity for | 20 | | residents of a juvenile detention center, or a Department | 21 | | of Human Services employee, Department of Human Services | 22 | | officer, or employee of a subcontractor of the Department | 23 | | of Human Services supervising or controlling sexually | 24 | | dangerous persons or sexually violent persons: | 25 | | (i) performing his or her official duties; | 26 | | (ii) assaulted to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) assaulted in retaliation for performing his | 3 | | or her official duties. | 4 | | (7) An employee of the State of Illinois, a municipal | 5 | | corporation therein, or a political subdivision thereof, | 6 | | performing his or her official duties. | 7 | | (8) A transit employee performing his or her official | 8 | | duties, or a transit passenger. | 9 | | (9) A sports official or coach actively participating | 10 | | in any level of athletic competition within a sports venue, | 11 | | on an indoor playing field or outdoor playing field, or | 12 | | within the immediate vicinity of such a facility or field. | 13 | | (10) A person authorized to serve process under Section | 14 | | 2-202 of the Code of Civil Procedure or a special process | 15 | | server appointed by the circuit court, while that | 16 | | individual is in the performance of his or her duties as a | 17 | | process server. | 18 | | (c) Offense based on use of firearm, device, or motor | 19 | | vehicle. A person commits aggravated assault when, in | 20 | | committing an assault, he or she does any of the following: | 21 | | (1) Uses a deadly weapon, an air rifle as defined in | 22 | | the Air Rifle Act, or any device manufactured and designed | 23 | | to be substantially similar in appearance to a firearm, | 24 | | other than by discharging a firearm. | 25 | | (2) Discharges a firearm, other than from a motor | 26 | | vehicle. |
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| 1 | | (3) Discharges a firearm from a motor vehicle. | 2 | | (4) Wears a hood, robe, or mask to conceal his or her | 3 | | identity. | 4 | | (5) Knowingly and without lawful justification shines | 5 | | or flashes a laser gun sight or other laser device attached | 6 | | to a firearm, or used in concert with a firearm, so that | 7 | | the laser beam strikes near or in the immediate vicinity of | 8 | | any person. | 9 | | (6) Uses a firearm, other than by discharging the | 10 | | firearm, against a peace officer, community policing | 11 | | volunteer, fireman, private security officer, emergency | 12 | | management worker, emergency medical technician, employee | 13 | | of a police department, employee of a sheriff's department, | 14 | | or traffic control municipal employee: | 15 | | (i) performing his or her official duties; | 16 | | (ii) assaulted to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) assaulted in retaliation for performing his | 19 | | or her official duties. | 20 | | (7) Without justification operates a motor vehicle in a | 21 | | manner which places a person, other than a person listed in | 22 | | subdivision (b)(4), in reasonable apprehension of being | 23 | | struck by the moving motor vehicle. | 24 | | (8) Without justification operates a motor vehicle in a | 25 | | manner which places a person listed in subdivision (b)(4), | 26 | | in reasonable apprehension of being struck by the moving |
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| 1 | | motor vehicle. | 2 | | (9) Knowingly video or audio records the offense with | 3 | | the intent to disseminate the recording. | 4 | | (d) Sentence. Aggravated assault as defined in subdivision | 5 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 6 | | (c)(1), or (c)(4) is a Class A misdemeanor, except that | 7 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) | 8 | | is a Class 4 felony if a Category I, Category II, or Category | 9 | | III weapon is used in the commission of the assault. Aggravated | 10 | | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | 11 | | (c)(2), (c)(5), (c)(6), or (c)(7) , or (c)(9) is a Class 4 | 12 | | felony. Aggravated assault as defined in subdivision (c)(3) or | 13 | | (c)(8) is a Class 3 felony. | 14 | | (e) For the purposes of this Section, "Category I weapon", | 15 | | "Category II weapon, and "Category III weapon" have the | 16 | | meanings ascribed to those terms in Section 33A-1 of this Code.
| 17 | | (Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; | 18 | | 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. | 19 | | 7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. | 20 | | 8-12-11; 97-1109, eff. 1-1-13.)
| 21 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 22 | | Sec. 12-3.05. Aggravated battery.
| 23 | | (a) Offense based on injury. A person commits aggravated | 24 | | battery when, in committing a battery, other than by the | 25 | | discharge of a firearm, he or she knowingly does any of the |
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| 1 | | following: | 2 | | (1) Causes great bodily harm or permanent disability or | 3 | | disfigurement. | 4 | | (2) Causes severe and permanent disability, great | 5 | | bodily harm, or disfigurement by means of a caustic or | 6 | | flammable substance, a poisonous gas, a deadly biological | 7 | | or chemical contaminant or agent, a radioactive substance, | 8 | | or a bomb or explosive compound. | 9 | | (3) Causes great bodily harm or permanent disability or | 10 | | disfigurement to an individual whom the person knows to be | 11 | | a peace officer, community policing volunteer, fireman, | 12 | | private security officer, correctional institution | 13 | | employee, or Department of Human Services employee | 14 | | supervising or controlling sexually dangerous persons or | 15 | | sexually violent persons: | 16 | | (i) performing his or her official duties; | 17 | | (ii) battered to prevent performance of his or her | 18 | | official duties; or | 19 | | (iii) battered in retaliation for performing his | 20 | | or her official duties. | 21 | | (4) Causes great bodily harm or permanent disability or | 22 | | disfigurement to an individual 60 years of age or older. | 23 | | (5) Strangles another individual. | 24 | | (b) Offense based on injury to a child or intellectually | 25 | | disabled person. A person who is at least 18 years of age | 26 | | commits aggravated battery when, in committing a battery, he or |
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| 1 | | she knowingly and without legal justification by any means: | 2 | | (1) causes great bodily harm or permanent disability or | 3 | | disfigurement to any child under the age of 13 years, or to | 4 | | any severely or profoundly intellectually disabled person; | 5 | | or | 6 | | (2) causes bodily harm or disability or disfigurement | 7 | | to any child under the age of 13 years or to any severely | 8 | | or profoundly intellectually disabled person. | 9 | | (c) Offense based on location of conduct. A person commits | 10 | | aggravated battery when, in committing a battery, other than by | 11 | | the discharge of a firearm, he or she is or the person battered | 12 | | is on or about a public way, public property, a public place of | 13 | | accommodation or amusement, a sports venue, or a domestic | 14 | | violence shelter. | 15 | | (d) Offense based on status of victim. A person commits | 16 | | aggravated battery when, in committing a battery, other than by | 17 | | discharge of a firearm, he or she knows the individual battered | 18 | | to be any of the following: | 19 | | (1) A person 60 years of age or older. | 20 | | (2) A person who is pregnant or physically handicapped. | 21 | | (3) A teacher or school employee upon school grounds or | 22 | | grounds adjacent to a school or in any part of a building | 23 | | used for school purposes. | 24 | | (4) A peace officer, community policing volunteer, | 25 | | fireman, private security officer, correctional | 26 | | institution employee, or Department of Human Services |
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| 1 | | employee supervising or controlling sexually dangerous | 2 | | persons or sexually violent persons: | 3 | | (i) performing his or her official duties; | 4 | | (ii) battered to prevent performance of his or her | 5 | | official duties; or | 6 | | (iii) battered in retaliation for performing his | 7 | | or her official duties. | 8 | | (5) A judge, emergency management worker, emergency | 9 | | medical technician, or utility worker: | 10 | | (i) performing his or her official duties; | 11 | | (ii) battered to prevent performance of his or her | 12 | | official duties; or | 13 | | (iii) battered in retaliation for performing his | 14 | | or her official duties. | 15 | | (6) An officer or employee of the State of Illinois, a | 16 | | unit of local government, or a school district, while | 17 | | performing his or her official duties. | 18 | | (7) A transit employee performing his or her official | 19 | | duties, or a transit passenger. | 20 | | (8) A taxi driver on duty. | 21 | | (9) A merchant who detains the person for an alleged | 22 | | commission of retail theft under Section 16-26 of this Code | 23 | | and the person without legal justification by any means | 24 | | causes bodily harm to the merchant. | 25 | | (10) A person authorized to serve process under Section | 26 | | 2-202 of the Code of Civil Procedure or a special process |
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| 1 | | server appointed by the circuit court while that individual | 2 | | is in the performance of his or her duties as a process | 3 | | server. | 4 | | (e) Offense based on use of a firearm. A person commits | 5 | | aggravated battery when, in committing a battery, he or she | 6 | | knowingly does any of the following: | 7 | | (1) Discharges a firearm, other than a machine gun or a | 8 | | firearm equipped with a silencer, and causes any injury to | 9 | | another person. | 10 | | (2) Discharges a firearm, other than a machine gun or a | 11 | | firearm equipped with a silencer, and causes any injury to | 12 | | a person he or she knows to be a peace officer, community | 13 | | policing volunteer, person summoned by a police officer, | 14 | | fireman, private security officer, correctional | 15 | | institution employee, or emergency management worker: | 16 | | (i) performing his or her official duties; | 17 | | (ii) battered to prevent performance of his or her | 18 | | official duties; or | 19 | | (iii) battered in retaliation for performing his | 20 | | or her official duties. | 21 | | (3) Discharges a firearm, other than a machine gun or a | 22 | | firearm equipped with a silencer, and causes any injury to | 23 | | a person he or she knows to be an emergency medical | 24 | | technician employed by a municipality or other | 25 | | governmental unit: | 26 | | (i) performing his or her official duties; |
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| 1 | | (ii) battered to prevent performance of his or her | 2 | | official duties; or | 3 | | (iii) battered in retaliation for performing his | 4 | | or her official duties. | 5 | | (4) Discharges a firearm and causes any injury to a | 6 | | person he or she knows to be a teacher, a student in a | 7 | | school, or a school employee, and the teacher, student, or | 8 | | employee is upon school grounds or grounds adjacent to a | 9 | | school or in any part of a building used for school | 10 | | purposes. | 11 | | (5) Discharges a machine gun or a firearm equipped with | 12 | | a silencer, and causes any injury to another person. | 13 | | (6) Discharges a machine gun or a firearm equipped with | 14 | | a silencer, and causes any injury to a person he or she | 15 | | knows to be a peace officer, community policing volunteer, | 16 | | person summoned by a police officer, fireman, private | 17 | | security officer, correctional institution employee or | 18 | | emergency management worker: | 19 | | (i) performing his or her official duties; | 20 | | (ii) battered to prevent performance of his or her | 21 | | official duties; or | 22 | | (iii) battered in retaliation for performing his | 23 | | or her official duties. | 24 | | (7) Discharges a machine gun or a firearm equipped with | 25 | | a silencer, and causes any injury to a person he or she | 26 | | knows to be an emergency medical technician employed by a |
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| 1 | | municipality or other governmental unit: | 2 | | (i) performing his or her official duties; | 3 | | (ii) battered to prevent performance of his or her | 4 | | official duties; or | 5 | | (iii) battered in retaliation for performing his | 6 | | or her official duties. | 7 | | (8) Discharges a machine gun or a firearm equipped with | 8 | | a silencer, and causes any injury to a person he or she | 9 | | knows to be a teacher, or a student in a school, or a | 10 | | school employee, and the teacher, student, or employee is | 11 | | upon school grounds or grounds adjacent to a school or in | 12 | | any part of a building used for school purposes. | 13 | | (f) Offense based on use of a weapon or device. A person | 14 | | commits aggravated battery when, in committing a battery, he or | 15 | | she does any of the following: | 16 | | (1) Uses a deadly weapon other than by discharge of a | 17 | | firearm, or uses an air rifle as defined in the Air Rifle
| 18 | | Act. | 19 | | (2) Wears a hood, robe, or mask to conceal his or her | 20 | | identity. | 21 | | (3) Knowingly and without lawful justification shines | 22 | | or flashes a laser gunsight or other laser device attached | 23 | | to a firearm, or used in concert with a firearm, so that | 24 | | the laser beam strikes upon or against the person of | 25 | | another. | 26 | | (4) Knowingly video or audio records the offense with |
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| 1 | | the intent to disseminate the recording. | 2 | | (g) Offense based on certain conduct. A person commits | 3 | | aggravated battery when, other than by discharge of a firearm, | 4 | | he or she does any of the following: | 5 | | (1) Violates Section 401 of the Illinois Controlled | 6 | | Substances Act by unlawfully delivering a controlled | 7 | | substance to another and any user experiences great bodily | 8 | | harm or permanent disability as a result of the injection, | 9 | | inhalation, or ingestion of any amount of the controlled | 10 | | substance. | 11 | | (2) Knowingly administers to an individual or causes | 12 | | him or her to take, without his or her consent or by threat | 13 | | or deception, and for other than medical purposes, any | 14 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 15 | | or controlled substance, or gives to another person any | 16 | | food containing any substance or object intended to cause | 17 | | physical injury if eaten. | 18 | | (3) Knowingly causes or attempts to cause a | 19 | | correctional institution employee or Department of Human | 20 | | Services employee to come into contact with blood, seminal | 21 | | fluid, urine, or feces by throwing, tossing, or expelling | 22 | | the fluid or material, and the person is an inmate of a | 23 | | penal institution or is a sexually dangerous person or | 24 | | sexually violent person in the custody of the Department of | 25 | | Human Services. | 26 | | (h) Sentence. Unless otherwise provided, aggravated |
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| 1 | | battery is a Class 3 felony. | 2 | | Aggravated battery as defined in subdivision (a)(4), | 3 | | (d)(4), or (g)(3) is a Class 2 felony. | 4 | | Aggravated battery as defined in subdivision (a)(3) or | 5 | | (g)(1) is a Class 1 felony. | 6 | | Aggravated battery as defined in subdivision (a)(1) is a | 7 | | Class 1 felony when the aggravated battery was intentional and | 8 | | involved the infliction of torture, as defined in paragraph | 9 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 10 | | infliction of or subjection to extreme physical pain, motivated | 11 | | by an intent to increase or prolong the pain, suffering, or | 12 | | agony of the victim. | 13 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 14 | | felony if: | 15 | | (A) the person used or attempted to use a dangerous
| 16 | | instrument while committing the offense; or | 17 | | (B) the person caused great bodily harm or
permanent | 18 | | disability or disfigurement to the other
person while | 19 | | committing the offense; or | 20 | | (C) the person has been previously convicted of a
| 21 | | violation of subdivision (a)(5) under the laws of this
| 22 | | State or laws similar to subdivision (a)(5) of any other
| 23 | | state. | 24 | | Aggravated battery as defined in subdivision (e)(1) is a | 25 | | Class X felony. | 26 | | Aggravated battery as defined in subdivision (a)(2) is a |
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| 1 | | Class X felony for which a person shall be sentenced to a term | 2 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 3 | | years. | 4 | | Aggravated battery as defined in subdivision (e)(5) is a | 5 | | Class X felony for which a person shall be sentenced to a term | 6 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 7 | | years. | 8 | | Aggravated battery as defined in subdivision (e)(2), | 9 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 10 | | be sentenced to a term of imprisonment of a minimum of 15 years | 11 | | and a maximum of 60 years. | 12 | | Aggravated battery as defined in subdivision (e)(6), | 13 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 14 | | be sentenced to a term of imprisonment of a minimum of 20 years | 15 | | and a maximum of 60 years. | 16 | | Aggravated battery as defined in subdivision (b)(1) is a | 17 | | Class X felony, except that: | 18 | | (1) if the person committed the offense while armed | 19 | | with a firearm, 15 years shall be added to the term of | 20 | | imprisonment imposed by the court; | 21 | | (2) if, during the commission of the offense, the | 22 | | person personally discharged a firearm, 20 years shall be | 23 | | added to the term of imprisonment imposed by the court; | 24 | | (3) if, during the commission of the offense, the | 25 | | person personally discharged a firearm that proximately | 26 | | caused great bodily harm, permanent disability, permanent |
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| 1 | | disfigurement, or death to another person, 25 years or up | 2 | | to a term of natural life shall be added to the term of | 3 | | imprisonment imposed by the court. | 4 | | (i) Definitions. For the purposes of this Section: | 5 | | "Building or other structure used to provide shelter" has | 6 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 7 | | Violence Shelters Act. | 8 | | "Domestic violence" has the meaning ascribed to it in | 9 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 10 | | "Domestic violence shelter" means any building or other | 11 | | structure used to provide shelter or other services to victims | 12 | | or to the dependent children of victims of domestic violence | 13 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 14 | | Domestic Violence Shelters Act, or any place within 500 feet of | 15 | | such a building or other structure in the case of a person who | 16 | | is going to or from such a building or other structure. | 17 | | "Firearm" has the meaning provided under Section 1.1
of the | 18 | | Firearm Owners Identification Card Act, and does
not include an | 19 | | air rifle as defined by Section 24.8-0.1 1 of this Code the Air
| 20 | | Rifle Act . | 21 | | "Machine gun" has the meaning ascribed to it in Section | 22 | | 24-1 of this Code. | 23 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 24 | | of this Code. | 25 | | "Strangle" means
intentionally impeding the normal | 26 | | breathing or circulation of the blood of an individual by |
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| 1 | | applying pressure on the throat
or neck of that individual or | 2 | | by blocking the nose or mouth of
that individual.
| 3 | | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | 4 | | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | 5 | | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | 6 | | and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| 7 | | Section 10. The Unified Code of Corrections is amended by | 8 | | changing Section 5-5-3.2 as follows:
| 9 | | (730 ILCS 5/5-5-3.2)
| 10 | | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 11 | | Sentencing.
| 12 | | (a) The following factors shall be accorded weight in favor | 13 | | of
imposing a term of imprisonment or may be considered by the | 14 | | court as reasons
to impose a more severe sentence under Section | 15 | | 5-8-1 or Article 4.5 of Chapter V:
| 16 | | (1) the defendant's conduct caused or threatened | 17 | | serious harm;
| 18 | | (2) the defendant received compensation for committing | 19 | | the offense;
| 20 | | (3) the defendant has a history of prior delinquency or | 21 | | criminal activity;
| 22 | | (4) the defendant, by the duties of his office or by | 23 | | his position,
was obliged to prevent the particular offense | 24 | | committed or to bring
the offenders committing it to |
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| 1 | | justice;
| 2 | | (5) the defendant held public office at the time of the | 3 | | offense,
and the offense related to the conduct of that | 4 | | office;
| 5 | | (6) the defendant utilized his professional reputation | 6 | | or
position in the community to commit the offense, or to | 7 | | afford
him an easier means of committing it;
| 8 | | (7) the sentence is necessary to deter others from | 9 | | committing
the same crime;
| 10 | | (8) the defendant committed the offense against a | 11 | | person 60 years of age
or older or such person's property;
| 12 | | (9) the defendant committed the offense against a | 13 | | person who is
physically handicapped or such person's | 14 | | property;
| 15 | | (10) by reason of another individual's actual or | 16 | | perceived race, color,
creed, religion, ancestry, gender, | 17 | | sexual orientation, physical or mental
disability, or | 18 | | national origin, the defendant committed the offense | 19 | | against (i)
the person or property
of that individual; (ii) | 20 | | the person or property of a person who has an
association | 21 | | with, is married to, or has a friendship with the other | 22 | | individual;
or (iii) the person or property of a relative | 23 | | (by blood or marriage) of a
person described in clause (i) | 24 | | or (ii). For the purposes of this Section,
"sexual | 25 | | orientation" means heterosexuality, homosexuality, or | 26 | | bisexuality;
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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
released on bail 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 | | 1961 , teacher, scout leader, baby sitter, or day care | 23 | | worker, in
relation to a victim under 18 years of age, and | 24 | | the 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 place |
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| 1 | | 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 of | 11 | | one of the
following Sections while in a school, regardless | 12 | | of the time of day or time of
year; on any conveyance | 13 | | owned, leased, or contracted by a school to transport
| 14 | | students to or from school or a school related activity; on | 15 | | the real property
of a school; or on a public way within | 16 | | 1,000 feet of the real property
comprising any school: | 17 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 18 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 19 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 20 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | 21 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 22 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 23 | | 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 1961 ;
| 19 | | (18) the defendant committed the offense in a nursing | 20 | | home or on the
real
property comprising a nursing home. For | 21 | | the purposes of this paragraph (18),
"nursing home" means a | 22 | | skilled nursing
or intermediate long term care facility | 23 | | that is subject to license by the
Illinois Department of | 24 | | Public Health under the Nursing Home Care
Act, the | 25 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 26 | | Community Care 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 of | 9 | | 1961 or the Criminal Code of 2012 or the offense of driving | 10 | | under the influence of alcohol, other drug or
drugs, | 11 | | intoxicating compound or compounds or any combination | 12 | | thereof under Section 11-501 of the Illinois Vehicle Code | 13 | | or a similar provision of a local ordinance and (ii) was | 14 | | operating a motor vehicle in excess of 20 miles per hour | 15 | | over the posted speed limit as provided in Article VI of | 16 | | 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 Forces | 2 | | of the United States, including a member of any reserve | 3 | | component thereof or National Guard unit called to active | 4 | | duty;
| 5 | | (23)
the defendant committed the offense against a | 6 | | person who was elderly, disabled, or infirm by taking | 7 | | advantage of a family or fiduciary relationship with the | 8 | | elderly, disabled, or infirm person;
| 9 | | (24)
the defendant committed any offense under Section | 10 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 11 | | of 2012 and possessed 100 or more images;
| 12 | | (25) the defendant committed the offense while the | 13 | | defendant or the victim was in a train, bus, or other | 14 | | vehicle used for public transportation; | 15 | | (26) the defendant committed the offense of child | 16 | | pornography or aggravated child pornography, specifically | 17 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 18 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 20 | | solicited for, depicted in, or posed in any act of sexual | 21 | | penetration or bound, fettered, or subject to sadistic, | 22 | | masochistic, or sadomasochistic abuse in a sexual context | 23 | | and specifically including paragraph (1), (2), (3), (4), | 24 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 25 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 26 | | engaged in, solicited for, depicted in, or posed in any act |
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| 1 | | of sexual penetration or bound, fettered, or subject to | 2 | | sadistic, masochistic, or sadomasochistic abuse in a | 3 | | sexual context; | 4 | | (27) the defendant committed the offense of first | 5 | | degree murder, assault, aggravated assault, battery, | 6 | | aggravated battery, robbery, armed robbery, or aggravated | 7 | | robbery against a person who was a veteran and the | 8 | | defendant knew, or reasonably should have known, that the | 9 | | person was a veteran performing duties as a representative | 10 | | of a veterans' organization. For the purposes of this | 11 | | paragraph (27), "veteran" means an Illinois resident who | 12 | | has served as a member of the United States Armed Forces, a | 13 | | member of the Illinois National Guard, or a member of the | 14 | | United States Reserve Forces; and "veterans' organization" | 15 | | means an organization comprised of members of
which | 16 | | substantially all are individuals who are veterans or | 17 | | spouses,
widows, or widowers of veterans, the primary | 18 | | purpose of which is to
promote the welfare of its members | 19 | | and to provide assistance to the general
public in such a | 20 | | way as to confer a public benefit; or | 21 | | (28) the defendant committed the offense of assault, | 22 | | aggravated assault, battery, aggravated battery, robbery, | 23 | | armed robbery, or aggravated robbery against a person that | 24 | | the defendant knew or reasonably should have known was a | 25 | | letter carrier or postal worker while that person was | 26 | | performing his or her duties delivering mail for the United |
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| 1 | | States Postal Service. | 2 | | For the purposes of this Section:
| 3 | | "School" is defined as a public or private
elementary or | 4 | | secondary school, community college, college, or university.
| 5 | | "Day care center" means a public or private State certified | 6 | | and
licensed day care center as defined in Section 2.09 of the | 7 | | Child Care Act of
1969 that displays a sign in plain view | 8 | | stating that the
property is a day care center.
| 9 | | "Public transportation" means the transportation
or | 10 | | conveyance of persons by means available to the general public, | 11 | | and includes paratransit services. | 12 | | (b) The following factors, related to all felonies, may be | 13 | | considered by the court as
reasons to impose an extended term | 14 | | sentence 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 greater | 18 | | class felony, when such conviction
has occurred within 10 | 19 | | years after the
previous conviction, excluding time spent | 20 | | in custody, and such charges are
separately brought and | 21 | | tried and arise out of different series of acts; or
| 22 | | (2) When a defendant is convicted of any felony and the | 23 | | court
finds that the offense was accompanied by | 24 | | exceptionally brutal
or heinous behavior indicative of | 25 | | wanton cruelty; or
| 26 | | (3) When a defendant is convicted of any felony |
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| 1 | | committed against:
| 2 | | (i) a person under 12 years of age at the time of | 3 | | the offense or such
person's property;
| 4 | | (ii) a person 60 years of age or older at the time | 5 | | of the offense or
such person's property; or
| 6 | | (iii) a person physically handicapped at the time | 7 | | of the offense or
such person's property; or
| 8 | | (4) When a defendant is convicted of any felony and the | 9 | | offense
involved any of the following types of specific | 10 | | misconduct committed as
part of a ceremony, rite, | 11 | | initiation, observance, performance, practice or
activity | 12 | | of any actual or ostensible religious, fraternal, or social | 13 | | group:
| 14 | | (i) the brutalizing or torturing of humans or | 15 | | animals;
| 16 | | (ii) the theft of human corpses;
| 17 | | (iii) the kidnapping of humans;
| 18 | | (iv) the desecration of any cemetery, religious, | 19 | | fraternal, business,
governmental, educational, or | 20 | | other building or property; or
| 21 | | (v) ritualized abuse of a child; or
| 22 | | (5) When a defendant is convicted of a felony other | 23 | | than conspiracy and
the court finds that
the felony was | 24 | | committed under an agreement with 2 or more other persons
| 25 | | to commit that offense and the defendant, with respect to | 26 | | the other
individuals, occupied a position of organizer, |
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| 1 | | supervisor, financier, or any
other position of management | 2 | | or leadership, and the court further finds that
the felony | 3 | | committed was related to or in furtherance of the criminal
| 4 | | activities of an organized gang or was motivated by the | 5 | | defendant's leadership
in an organized gang; or
| 6 | | (6) When a defendant is convicted of an offense | 7 | | committed while using a firearm with a
laser sight attached | 8 | | to it. For purposes of this paragraph, "laser sight"
has | 9 | | the meaning ascribed to it in Section 26-7 of the Criminal | 10 | | Code of
2012 1961 ; or
| 11 | | (7) When a defendant who was at least 17 years of age | 12 | | at the
time of
the commission of the offense is convicted | 13 | | of a felony and has been previously
adjudicated a | 14 | | delinquent minor under the Juvenile Court Act of 1987 for | 15 | | an act
that if committed by an adult would be a Class X or | 16 | | Class 1 felony when the
conviction has occurred within 10 | 17 | | years after the previous adjudication,
excluding time | 18 | | spent in custody; or
| 19 | | (8) When a defendant commits any felony and the | 20 | | defendant used, possessed, exercised control over, or | 21 | | otherwise directed an animal to assault a law enforcement | 22 | | officer engaged in the execution of his or her official | 23 | | duties or in furtherance of the criminal activities of an | 24 | | organized gang in which the defendant is engaged.
| 25 | | (9) When a defendant commits any felony and the | 26 | | defendant knowingly video or audio records the offense with |
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| 1 | | the intent to disseminate the recording. | 2 | | (c) The following factors may be considered by the court as | 3 | | reasons to impose an extended term sentence under Section 5-8-2 | 4 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 5 | | (1) When a defendant is convicted of first degree | 6 | | murder, after having been previously convicted in Illinois | 7 | | of any offense listed under paragraph (c)(2) of Section | 8 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 9 | | within 10 years after the previous conviction, excluding | 10 | | time spent in custody, and the charges are separately | 11 | | brought and tried and arise out of different series of | 12 | | acts. | 13 | | (1.5) When a defendant is convicted of first degree | 14 | | murder, after having been previously convicted of domestic | 15 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 16 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 17 | | having been previously convicted of violation of an order | 18 | | of protection (720 ILCS 5/12-30) in which the same victim | 19 | | was the protected person. | 20 | | (2) When a defendant is convicted of voluntary | 21 | | manslaughter, second degree murder, involuntary | 22 | | manslaughter, or reckless homicide in which the defendant | 23 | | has been convicted of causing the death of more than one | 24 | | individual. | 25 | | (3) When a defendant is convicted of aggravated | 26 | | criminal sexual assault or criminal sexual assault, when |
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| 1 | | there is a finding that aggravated criminal sexual assault | 2 | | or criminal sexual assault was also committed on the same | 3 | | victim by one or more other individuals, and the defendant | 4 | | voluntarily participated in the crime with the knowledge of | 5 | | the participation of the others in the crime, and the | 6 | | commission of the crime was part of a single course of | 7 | | conduct during which there was no substantial change in the | 8 | | nature of the criminal objective. | 9 | | (4) If the victim was under 18 years of age at the time | 10 | | of the commission of the offense, when a defendant is | 11 | | convicted of aggravated criminal sexual assault or | 12 | | predatory criminal sexual assault of a child under | 13 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 14 | | of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS | 15 | | 5/11-1.40 or 5/12-14.1). | 16 | | (5) When a defendant is convicted of a felony violation | 17 | | of Section 24-1 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 19 | | finding that the defendant is a member of an organized | 20 | | gang. | 21 | | (6) When a defendant was convicted of unlawful use of | 22 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 23 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 24 | | a weapon that is not readily distinguishable as one of the | 25 | | weapons enumerated in Section 24-1 of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
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| 1 | | (7) When a defendant is convicted of an offense | 2 | | involving the illegal manufacture of a controlled | 3 | | substance under Section 401 of the Illinois Controlled | 4 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 5 | | of methamphetamine under Section 25 of the Methamphetamine | 6 | | Control and Community Protection Act (720 ILCS 646/25), or | 7 | | the illegal possession of explosives and an emergency | 8 | | response officer in the performance of his or her duties is | 9 | | killed or injured at the scene of the offense while | 10 | | responding to the emergency caused by the commission of the | 11 | | offense. In this paragraph, "emergency" means a situation | 12 | | in which a person's life, health, or safety is in jeopardy; | 13 | | and "emergency response officer" means a peace officer, | 14 | | community policing volunteer, fireman, emergency medical | 15 | | technician-ambulance, emergency medical | 16 | | technician-intermediate, emergency medical | 17 | | technician-paramedic, ambulance driver, other medical | 18 | | assistance or first aid personnel, or hospital emergency | 19 | | room personnel.
| 20 | | (d) For the purposes of this Section, "organized gang" has | 21 | | the meaning
ascribed to it in Section 10 of the Illinois | 22 | | Streetgang Terrorism Omnibus
Prevention Act.
| 23 | | (e) The court may impose an extended term sentence under | 24 | | Article 4.5 of Chapter V upon an offender who has been | 25 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 26 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
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| 1 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | when the victim of the offense is under 18 years of age at the | 3 | | time of the commission of the offense and, during the | 4 | | commission of the offense, the victim was under the influence | 5 | | of alcohol, regardless of whether or not the alcohol was | 6 | | supplied by the offender; and the offender, at the time of the | 7 | | commission of the offense, knew or should have known that the | 8 | | victim had consumed alcohol. | 9 | | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | 10 | | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | 11 | | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | 12 | | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | 13 | | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | 14 | | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | 15 | | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.)
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