Full Text of HB1309 98th General Assembly
HB1309enr 98TH GENERAL ASSEMBLY |
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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) , or (c)(9) is a Class A misdemeanor, except | 7 | | that aggravated assault as defined in subdivision (b)(4) and | 8 | | (b)(7) is a Class 4 felony if a Category I, Category II, or | 9 | | Category III weapon is used in the commission of the assault. | 10 | | Aggravated assault as defined in subdivision (b)(5), (b)(6), | 11 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | 12 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | 13 | | 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 | | 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 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;
| 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; 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 ; or .
| 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 or the | 15 | | Criminal Code of 2012 (720 ILCS 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; 97-1150, eff. | 16 | | 1-25-13.)
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