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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| criminal activity;
|
2 |
| (4) the defendant, by the duties of his office or by |
3 |
| his position,
was obliged to prevent the particular offense |
4 |
| committed or to bring
the offenders committing it to |
5 |
| justice;
|
6 |
| (5) the defendant held public office at the time of the |
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| offense,
and the offense related to the conduct of that |
8 |
| office;
|
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| (6) the defendant utilized his professional reputation |
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| or
position in the community to commit the offense, or to |
11 |
| afford
him an easier means of committing it;
|
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| (7) the sentence is necessary to deter others from |
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| committing
the same crime;
|
14 |
| (8) the defendant committed the offense against a |
15 |
| person 60 years of age
or older or such person's property;
|
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| (9) the defendant committed the offense against a |
17 |
| person who is
physically handicapped or such person's |
18 |
| property;
|
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| (10) by reason of another individual's actual or |
20 |
| perceived race, color,
creed, religion, ancestry, gender, |
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| sexual orientation, physical or mental
disability, or |
22 |
| national origin, the defendant committed the offense |
23 |
| against (i)
the person or property
of that individual; (ii) |
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| the person or property of a person who has an
association |
25 |
| with, is married to, or has a friendship with the other |
26 |
| individual;
or (iii) the person or property of a relative |
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| (by blood or marriage) of a
person described in clause (i) |
2 |
| or (ii). For the purposes of this Section,
"sexual |
3 |
| orientation" means heterosexuality, homosexuality, or |
4 |
| bisexuality;
|
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| (11) the offense took place in a place of worship or on |
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| the
grounds of a place of worship, immediately prior to, |
7 |
| during or immediately
following worship services. For |
8 |
| purposes of this subparagraph, "place of
worship" shall |
9 |
| mean any church, synagogue or other building, structure or
|
10 |
| place used primarily for religious worship;
|
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| (12) the defendant was convicted of a felony committed |
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| while he was
released on bail or his own recognizance |
13 |
| pending trial for a prior felony
and was convicted of such |
14 |
| prior felony, or the defendant was convicted of a
felony |
15 |
| committed while he was serving a period of probation,
|
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| conditional discharge, or mandatory supervised release |
17 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
|
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| (13) the defendant committed or attempted to commit a |
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| felony while he
was wearing a bulletproof vest. For the |
20 |
| purposes of this paragraph (13), a
bulletproof vest is any |
21 |
| device which is designed for the purpose of
protecting the |
22 |
| wearer from bullets, shot or other lethal projectiles;
|
23 |
| (14) the defendant held a position of trust or |
24 |
| supervision such as, but
not limited to, family member as |
25 |
| defined in Section 12-12 of the Criminal Code
of 1961, |
26 |
| teacher, scout leader, baby sitter, or day care worker, in
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| relation to a victim under 18 years of age, and the |
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| defendant committed an
offense in violation of Section |
3 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
4 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
|
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| against
that victim;
|
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| (15) the defendant committed an offense related to the |
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| activities of an
organized gang. For the purposes of this |
8 |
| factor, "organized gang" has the
meaning ascribed to it in |
9 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention |
10 |
| Act;
|
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| (16) the defendant committed an offense in violation of |
12 |
| one of the
following Sections while in a school, regardless |
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| of the time of day or time of
year; on any conveyance |
14 |
| owned, leased, or contracted by a school to transport
|
15 |
| students to or from school or a school related activity; on |
16 |
| the real property
of a school; or on a public way within |
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| 1,000 feet of the real property
comprising any school: |
18 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
|
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| 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, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
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| 33A-2 of the Criminal Code of
1961;
|
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| (16.5) the defendant committed an offense in violation |
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| of one of the
following Sections while in a day care |
24 |
| center, regardless of the time of day or
time of year; on |
25 |
| the real property of a day care center, regardless of the |
26 |
| time
of day or time of year; or on a public
way within |
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| 1,000 feet of the real property comprising any day care |
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| center,
regardless of the time of day or time of year:
|
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| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
4 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
5 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
6 |
| 33A-2 of the Criminal
Code of 1961;
|
7 |
| (17) the defendant committed the offense by reason of |
8 |
| any person's
activity as a community policing volunteer or |
9 |
| to prevent any person from
engaging in activity as a |
10 |
| community policing volunteer. For the purpose of
this |
11 |
| Section, "community policing volunteer" has the meaning |
12 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of |
13 |
| 1961;
|
14 |
| (18) the defendant committed the offense in a nursing |
15 |
| home or on the
real
property comprising a nursing home. For |
16 |
| the purposes of this paragraph (18),
"nursing home" means a |
17 |
| skilled nursing
or intermediate long term care facility |
18 |
| that is subject to license by the
Illinois Department of |
19 |
| Public Health under the Nursing Home Care
Act;
|
20 |
| (19) the defendant was a federally licensed firearm |
21 |
| dealer
and
was
previously convicted of a violation of |
22 |
| subsection (a) of Section 3 of the
Firearm Owners |
23 |
| Identification Card Act and has now committed either a |
24 |
| felony
violation
of the Firearm Owners Identification Card |
25 |
| Act or an act of armed violence while
armed
with a firearm; |
26 |
| (20) the defendant (i) committed the offense of |
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| reckless homicide under Section 9-3 of the Criminal Code of |
2 |
| 1961 or the offense of driving under the influence of |
3 |
| alcohol, other drug or
drugs, intoxicating compound or |
4 |
| compounds or any combination thereof under Section 11-501 |
5 |
| of the Illinois Vehicle Code or a similar provision of a |
6 |
| local ordinance and (ii) was operating a motor vehicle in |
7 |
| excess of 20 miles per hour over the posted speed limit as |
8 |
| provided in Article VI of Chapter 11 of the Illinois |
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| Vehicle Code; or
|
10 |
| (21) the defendant (i) committed the offense of |
11 |
| reckless driving or aggravated reckless driving under |
12 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was |
13 |
| operating a motor vehicle in excess of 20 miles per hour |
14 |
| over the posted speed limit as provided in Article VI of |
15 |
| Chapter 11 of the Illinois Vehicle Code ; or . |
16 |
| (22) the defendant committed the offense against a |
17 |
| member of the Armed Forces of the United States serving on |
18 |
| active duty. For purposes of this clause (22), the term |
19 |
| "Armed Forces" means any of the Armed Forces of the United |
20 |
| States, including a member of any reserve component thereof |
21 |
| or National Guard unit called to active duty.
|
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| For the purposes of this Section:
|
23 |
| "School" is defined as a public or private
elementary or |
24 |
| secondary school, community college, college, or university.
|
25 |
| "Day care center" means a public or private State certified |
26 |
| and
licensed day care center as defined in Section 2.09 of the |
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| Child Care Act of
1969 that displays a sign in plain view |
2 |
| stating that the
property is a day care center.
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3 |
| (b) The following factors may be considered by the court as
|
4 |
| reasons to impose an extended term sentence under Section 5-8-2
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| upon any offender:
|
6 |
| (1) When a defendant is convicted of any felony, after |
7 |
| having
been previously convicted in Illinois or any other |
8 |
| jurisdiction of the
same or similar class felony or greater |
9 |
| class felony, when such conviction
has occurred within 10 |
10 |
| years after the
previous conviction, excluding time spent |
11 |
| in custody, and such charges are
separately brought and |
12 |
| tried and arise out of different series of acts; or
|
13 |
| (2) When a defendant is convicted of any felony and the |
14 |
| court
finds that the offense was accompanied by |
15 |
| exceptionally brutal
or heinous behavior indicative of |
16 |
| wanton cruelty; or
|
17 |
| (3) When a defendant is convicted of voluntary |
18 |
| manslaughter, second
degree murder, involuntary |
19 |
| manslaughter or reckless homicide in which the
defendant |
20 |
| has been convicted of causing the death of more than one |
21 |
| individual; or
|
22 |
| (4) When a defendant is convicted of any felony |
23 |
| committed against:
|
24 |
| (i) a person under 12 years of age at the time of |
25 |
| the offense or such
person's property;
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26 |
| (ii) a person 60 years of age or older at the time |
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| of the offense or
such person's property; or
|
2 |
| (iii) a person physically handicapped at the time |
3 |
| of the offense or
such person's property; or
|
4 |
| (5) In the case of a defendant convicted of aggravated |
5 |
| criminal sexual
assault or criminal sexual assault, when |
6 |
| the court finds that
aggravated criminal sexual assault or |
7 |
| criminal sexual assault
was also committed on the same |
8 |
| victim by one or more other individuals,
and the defendant |
9 |
| voluntarily participated in the crime with the knowledge
of |
10 |
| the participation of the others in the crime, and the |
11 |
| commission of the
crime was part of a single course of |
12 |
| conduct during which there was no
substantial change in the |
13 |
| nature of the criminal objective; or
|
14 |
| (6) When a defendant is convicted of any felony and the |
15 |
| offense
involved any of the following types of specific |
16 |
| misconduct committed as
part of a ceremony, rite, |
17 |
| initiation, observance, performance, practice or
activity |
18 |
| of any actual or ostensible religious, fraternal, or social |
19 |
| group:
|
20 |
| (i) the brutalizing or torturing of humans or |
21 |
| animals;
|
22 |
| (ii) the theft of human corpses;
|
23 |
| (iii) the kidnapping of humans;
|
24 |
| (iv) the desecration of any cemetery, religious, |
25 |
| fraternal, business,
governmental, educational, or |
26 |
| other building or property; or
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09500SB0115sam001 |
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LRB095 06266 RLC 32525 a |
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| (v) ritualized abuse of a child; or
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2 |
| (7) When a defendant is convicted of first degree |
3 |
| murder, after having
been previously convicted in Illinois |
4 |
| of any offense listed under paragraph
(c)(2) of Section |
5 |
| 5-5-3, when such conviction has occurred within 10 years
|
6 |
| after the previous conviction, excluding time spent in |
7 |
| custody,
and such charges are separately brought and tried |
8 |
| and arise out of
different series of acts; or
|
9 |
| (8) When a defendant is convicted of a felony other |
10 |
| than conspiracy and
the court finds that
the felony was |
11 |
| committed under an agreement with 2 or more other persons
|
12 |
| to commit that offense and the defendant, with respect to |
13 |
| the other
individuals, occupied a position of organizer, |
14 |
| supervisor, financier, or any
other position of management |
15 |
| or leadership, and the court further finds that
the felony |
16 |
| committed was related to or in furtherance of the criminal
|
17 |
| activities of an organized gang or was motivated by the |
18 |
| defendant's leadership
in an organized gang; or
|
19 |
| (9) When a defendant is convicted of a felony violation |
20 |
| of Section 24-1
of the Criminal Code of 1961 and the court |
21 |
| finds that the defendant is a member
of an organized gang; |
22 |
| or
|
23 |
| (10) When a defendant committed the offense using a |
24 |
| firearm with a
laser sight attached to it. For purposes of |
25 |
| this paragraph (10), "laser sight"
has the meaning ascribed |
26 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
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09500SB0115sam001 |
- 10 - |
LRB095 06266 RLC 32525 a |
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1 |
| (11) When a defendant who was at least 17 years of age |
2 |
| at the
time of
the commission of the offense is convicted |
3 |
| of a felony and has been previously
adjudicated a |
4 |
| delinquent minor under the Juvenile Court Act of 1987 for |
5 |
| an act
that if committed by an adult would be a Class X or |
6 |
| Class 1 felony when the
conviction has occurred within 10 |
7 |
| years after the previous adjudication,
excluding time |
8 |
| spent in custody; or
|
9 |
| (12) When a defendant commits an offense involving the |
10 |
| illegal
manufacture of a controlled substance under |
11 |
| Section 401 of the Illinois
Controlled Substances Act, the |
12 |
| illegal manufacture of methamphetamine under Section 25 of |
13 |
| the Methamphetamine Control and Community Protection Act, |
14 |
| or the illegal possession of explosives and an
emergency |
15 |
| response
officer in
the performance of his or her duties is
|
16 |
| killed or injured at the scene of the offense while |
17 |
| responding to the
emergency caused by the commission of the |
18 |
| offense.
In this paragraph (12),
"emergency" means a |
19 |
| situation in which a person's life, health, or safety is
in |
20 |
| jeopardy; and
"emergency response officer" means a peace |
21 |
| officer, community policing
volunteer, fireman, emergency |
22 |
| medical
technician-ambulance, emergency medical |
23 |
| technician-intermediate, emergency
medical |
24 |
| technician-paramedic, ambulance
driver, other medical |
25 |
| assistance or first aid personnel, or hospital emergency
|
26 |
| room personnel; or
|
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09500SB0115sam001 |
- 11 - |
LRB095 06266 RLC 32525 a |
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1 |
| (13) When a defendant commits any felony and the |
2 |
| defendant used, possessed, exercised control over, or |
3 |
| otherwise directed an animal to assault a law enforcement |
4 |
| officer engaged in the execution of his or her official |
5 |
| duties or in furtherance of the criminal activities of an |
6 |
| organized gang in which the defendant is engaged.
|
7 |
| (b-1) For the purposes of this Section, "organized gang" |
8 |
| has the meaning
ascribed to it in Section 10 of the Illinois |
9 |
| Streetgang Terrorism Omnibus
Prevention Act.
|
10 |
| (c) The court may impose an extended term sentence under |
11 |
| Section 5-8-2
upon any offender who was convicted of aggravated |
12 |
| criminal sexual assault
or predatory criminal sexual assault of |
13 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the |
14 |
| Criminal Code of 1961
where the victim was under 18 years of |
15 |
| age at the time of the commission
of the offense.
|
16 |
| (d) The court may impose an extended term sentence under |
17 |
| Section 5-8-2 upon
any offender who was convicted of unlawful |
18 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 |
19 |
| for possessing a weapon that is not readily
distinguishable as |
20 |
| one of the weapons enumerated in Section 24-1 of the
Criminal |
21 |
| Code of 1961.
|
22 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, |
23 |
| eff. 9-11-05; 94-819, eff. 5-31-06.)".
|