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LRB096 08018 RLC 18123 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Sections 3-5, 11-20.1, and 11-20.3 as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| Sec. 3-5. General Limitations. |
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| (a) A prosecution for: (1) first degree murder, attempt to |
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| commit first
degree
murder, second degree murder,
involuntary |
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| manslaughter, reckless homicide, leaving the scene of a motor |
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| vehicle accident involving death or personal injuries under |
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| Section 11-401 of the Illinois Vehicle Code, failing to give |
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| information and render aid under Section 11-403 of the Illinois |
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| Vehicle Code, concealment of homicidal
death, treason, arson, |
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| aggravated arson, forgery, child pornography under paragraph |
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| (1) of subsection (a) of Section 11-20.1, aggravated child |
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| pornography under paragraph (1) of subsection (a) of Section |
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| 11-20.3, or (2) any offense
involving sexual conduct or sexual |
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| penetration, as defined by
Section 12-12 of this Code in which |
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| the DNA profile of the offender is
obtained and entered into a |
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| DNA database within 10 years after the commission
of the |
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| offense, may be commenced at any
time.
Clause (2) of this |
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| subsection (a) applies if either: (i) the victim reported the
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LRB096 08018 RLC 18123 b |
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| offense to law enforcement authorities within 3 years after the |
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| commission
of the offense unless a longer period for reporting |
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| the offense to law
enforcement authorities
is provided in |
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| Section 3-6 or (ii) the victim is murdered during the course of |
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| the offense or within 2 years after the commission of the |
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| offense.
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| (b) Unless the statute describing the offense provides |
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| otherwise, or the
period of limitation is extended by Section |
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| 3-6, a prosecution for any
offense not designated in Subsection |
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| (a) must be commenced within 3 years
after the commission of |
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| the offense if it is a felony, or within one year
and 6 months |
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| after its commission if it is a misdemeanor.
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| (Source: P.A. 94-487, eff. 11-9-05; 94-683, eff. 11-9-05; |
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| 95-899, eff. 1-1-09.)
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| (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
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| Sec. 11-20.1. Child pornography.
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| (a) A person commits the offense of child pornography who:
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| (1) films, videotapes, photographs, or otherwise |
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| depicts or portrays by
means of any similar visual medium |
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| or reproduction or depicts by computer any
child whom he |
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| knows or reasonably should know to be under the age of 18 |
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| or any
severely or profoundly mentally retarded person |
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| where such child or severely
or profoundly mentally |
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| retarded person is:
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| (i) actually or by simulation engaged in any act of |
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LRB096 08018 RLC 18123 b |
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| sexual
penetration or sexual conduct
with any person or |
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| animal; or
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| (ii) actually or by simulation engaged in any act |
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| of sexual
penetration or sexual conduct
involving the |
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| sex organs of the child or severely or
profoundly |
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| mentally retarded person and the mouth, anus, or sex |
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| organs of
another person or animal; or which involves |
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| the mouth, anus or sex organs
of the child or severely |
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| or profoundly mentally retarded
person and the sex |
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| organs of another person or animal; or
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| (iii) actually or by simulation engaged in any act |
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| of masturbation; or
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| (iv) actually or by simulation portrayed as being |
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| the object of, or
otherwise engaged in, any act of lewd |
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| fondling, touching, or caressing
involving another |
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| person or animal; or
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| (v) actually or by simulation engaged in any act of |
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| excretion or
urination within a sexual context; or
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| (vi) actually or by simulation portrayed or |
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| depicted as bound, fettered,
or subject to sadistic, |
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| masochistic, or sadomasochistic abuse in any sexual
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| context; or
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| (vii) depicted or portrayed in any pose, posture or |
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| setting involving
a lewd exhibition of the unclothed or |
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| transparently clothed genitals, pubic area, buttocks, |
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| or, if
such person is female, a fully or partially |
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LRB096 08018 RLC 18123 b |
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| developed breast of the child
or other person; or
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| (2) with the knowledge of the nature or content |
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| thereof, reproduces,
disseminates, offers to disseminate, |
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| exhibits or possesses with intent to
disseminate any film, |
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| videotape, photograph or other similar visual
reproduction |
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| or depiction by computer of any child or severely or |
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| profoundly
mentally retarded person whom the person knows |
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| or reasonably should know to be
under the age of 18 or to |
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| be a severely or profoundly mentally retarded person,
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| engaged in any activity described in subparagraphs (i) |
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| through (vii) of
paragraph (1) of this subsection; or
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| (3) with knowledge of the subject matter or theme |
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| thereof, produces any
stage play, live performance, film, |
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| videotape or other similar visual
portrayal or depiction by |
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| computer which
includes a child whom the person knows or |
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| reasonably should
know to be under the age of 18 or a |
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| severely or
profoundly mentally retarded person engaged in |
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| any activity described in
subparagraphs (i) through (vii) |
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| of paragraph (1) of this subsection; or
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| (4) solicits, uses, persuades, induces, entices, or |
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| coerces any child
whom he knows or reasonably should know |
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| to be under
the age of 18 or a severely or profoundly |
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| mentally
retarded person to appear in any stage play, live |
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| presentation, film,
videotape, photograph or other similar |
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| visual reproduction or depiction
by computer in which the
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| child or severely or profoundly mentally retarded person
is |
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LRB096 08018 RLC 18123 b |
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| or will be depicted, actually or by simulation, in any act, |
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| pose or
setting described in subparagraphs (i) through |
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| (vii) of paragraph (1) of
this subsection; or
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| (5) is a parent, step-parent, legal guardian or other |
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| person having
care or custody
of a child whom the person |
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| knows or reasonably should know to be under
the age of 18 |
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| or a severely or profoundly mentally
retarded person and |
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| who knowingly permits, induces, promotes, or arranges
for |
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| such child or severely or profoundly mentally retarded
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| person to appear in any stage play, live performance, film, |
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| videotape,
photograph or other similar visual |
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| presentation, portrayal or simulation or
depiction by |
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| computer of any act or activity described in subparagraphs |
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| (i)
through (vii) of paragraph (1) of this subsection; or
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| (6) with knowledge of the nature or content thereof, |
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| possesses any film,
videotape, photograph or other similar |
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| visual reproduction or depiction by
computer of any child |
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| or severely or profoundly mentally retarded person
whom the |
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| person knows or reasonably should know to be under the age |
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| of 18
or to be a severely or profoundly mentally retarded
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| person, engaged in any activity described in subparagraphs |
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| (i) through
(vii) of paragraph (1) of this subsection; or
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| (7) solicits, uses, persuades, induces, entices, or |
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| coerces a person
to provide a child under the age of 18 or |
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| a severely or profoundly mentally
retarded person to appear |
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| in any videotape, photograph, film, stage play, live
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LRB096 08018 RLC 18123 b |
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| presentation, or other similar visual reproduction or |
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| depiction by computer
in which the child or severely or |
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| profoundly mentally retarded person will be
depicted, |
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| actually or by simulation, in any act, pose, or setting |
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| described in
subparagraphs (i) through (vii) of paragraph |
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| (1) of this subsection.
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| (b) (1) It shall be an affirmative defense to a charge of |
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| child
pornography that the defendant reasonably believed, |
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| under all of the
circumstances, that the child was 18 years |
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| of age or older or that the
person was not a severely or |
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| profoundly mentally
retarded person but only where, prior |
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| to the act or acts giving rise to a
prosecution under this |
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| Section, he took some affirmative action or made a
bonafide |
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| inquiry designed to ascertain whether the child was 18 |
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| years of
age or older or that the person was not a severely |
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| or
profoundly mentally retarded person and his reliance |
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| upon the information
so obtained was clearly reasonable.
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| (2) (Blank).
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| (3) The charge of child pornography shall not apply to |
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| the performance
of official duties by law enforcement or |
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| prosecuting officers or persons employed by law |
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| enforcement or prosecuting agencies, court personnel
or |
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| attorneys, nor to bonafide treatment or professional |
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| education programs
conducted by licensed physicians, |
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| psychologists or social workers.
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| (4) Possession by the defendant of more than one of the |
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LRB096 08018 RLC 18123 b |
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| same film,
videotape or visual reproduction or depiction by |
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| computer in which child
pornography is depicted
shall raise |
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| a rebuttable presumption that the defendant possessed such
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| materials with the intent to disseminate them.
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| (5) The charge of child pornography does not apply to a |
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| person who does
not voluntarily possess a film, videotape, |
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| or visual reproduction or depiction
by computer in which |
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| child pornography is depicted. Possession is voluntary if
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| the defendant knowingly procures or receives a film, |
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| videotape, or visual
reproduction or depiction for a |
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| sufficient time to be able to terminate his
or her |
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| possession.
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| (6) Any violation of paragraph (1), (2), (3), (4), (5), |
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| or (7) of subsection (a) that includes a child engaged in, |
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| solicited for, depicted in, or posed in any act of sexual |
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| penetration or bound, fettered, or subject to sadistic, |
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| masochistic, or sadomasochistic abuse in a sexual context |
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| shall be deemed a crime of violence. |
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| (c) Violation of paragraph (1), (4), (5), or (7) of |
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| subsection (a) is a
Class 1 felony with a mandatory minimum |
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| fine of $2,000 and a maximum fine of
$100,000. Violation of |
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| paragraph (3) of subsection (a) is a Class 1 felony
with a |
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| mandatory minimum fine of $1500 and a maximum fine of $100,000.
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| Violation of paragraph (2) of subsection (a) is a Class 1 |
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| felony with a
mandatory minimum fine of $1000 and a maximum |
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| fine of $100,000. Violation of
paragraph (6) of subsection (a) |
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LRB096 08018 RLC 18123 b |
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| is a Class 3 felony with a mandatory
minimum fine of $1000 and |
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| a maximum fine of $100,000.
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| (d) If a person is convicted of a second or subsequent |
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| violation of
this Section within 10 years of a prior |
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| conviction, the court shall order a
presentence psychiatric |
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| examination of the person. The examiner shall report
to the |
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| court whether treatment of the person is necessary.
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| (e) Any film, videotape, photograph or other similar visual |
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| reproduction
or depiction by computer which includes a child |
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| under the age of 18 or a
severely or profoundly mentally |
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| retarded person engaged in any activity
described in |
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| subparagraphs (i) through (vii) or paragraph 1 of subsection
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| (a), and any material or equipment used or intended for use in |
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| photographing,
filming, printing, producing, reproducing, |
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| manufacturing, projecting,
exhibiting, depiction by computer, |
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| or disseminating such material shall be
seized and forfeited in |
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| the manner, method and procedure provided by Section
36-1 of |
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| this Code for the seizure and forfeiture of vessels, vehicles |
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| and
aircraft.
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| (e-5) Upon the conclusion of a case brought under this |
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| Section, the court
shall seal all evidence depicting a victim |
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| or witness that is sexually
explicit. The evidence may be |
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| unsealed and viewed, on a motion of the party
seeking to unseal |
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| and view the evidence, only for good cause shown and in the
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| discretion of the court. The motion must expressly set forth |
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| the purpose for
viewing the material. The State's attorney and |
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LRB096 08018 RLC 18123 b |
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| the victim, if possible, shall
be provided reasonable notice of |
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| the hearing on the motion to unseal the
evidence. Any person |
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| entitled to notice of a hearing under this subsection
(e-5) may |
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| object to the motion.
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| (f) Definitions. For the purposes of this Section:
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| (1) "Disseminate" means (i) to sell, distribute, |
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| exchange or transfer
possession, whether with or without |
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| consideration or (ii) to make a depiction
by computer |
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| available for distribution or downloading through the |
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| facilities
of any telecommunications network or through |
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| any other means of transferring
computer programs or data |
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| to a computer.
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| (2) "Produce" means to direct, promote, advertise, |
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| publish, manufacture,
issue, present or show.
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| (3) "Reproduce" means to make a duplication or copy.
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| (4) "Depict by computer" means to generate or create, |
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| or cause to be
created or generated, a computer program or |
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| data that, after being processed by
a computer either alone |
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| or in conjunction with one or more computer programs,
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| results in a visual depiction on a computer monitor, |
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| screen, or display.
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| (5) "Depiction by computer" means a computer program or |
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| data that, after
being processed by a computer either alone |
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| or in conjunction with one or more
computer programs, |
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| results in a visual depiction on a computer monitor, |
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| screen,
or display.
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| (6) "Computer", "computer program", and "data" have |
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| the meanings
ascribed to them in Section 16D-2 of this |
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| Code.
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| (7) "Child" includes a film, videotape, photograph, or |
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| other similar
visual medium or reproduction or depiction by |
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| computer that is, or appears to
be, that of a person, |
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| either in part, or in total, under the age of 18,
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| regardless of the method by which the film, videotape, |
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| photograph, or other
similar visual medium or reproduction |
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| or depiction by computer is created,
adopted, or modified |
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| to appear as such. "Child" also includes a film,
videotape, |
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| photograph, or other similar visual medium or reproduction |
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| or
depiction by computer that is advertised, promoted, |
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| presented, described, or
distributed in such a manner that |
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| conveys the impression that the film,
videotape, |
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| photograph, or other similar visual medium or reproduction |
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| or
depiction by computer is of a person under the age of |
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| 18.
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| (8) "Sexual penetration" and "sexual conduct" have the |
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| meanings ascribed
to them in Section 12-12 of this Code.
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| (g) Re-enactment; findings; purposes.
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| (1) The General Assembly finds and declares that:
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| (i) Section 50-5 of Public Act 88-680, effective |
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| January 1, 1995,
contained provisions amending the |
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| child pornography statute, Section 11-20.1
of the |
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| Criminal Code of 1961. Section 50-5 also contained |
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LRB096 08018 RLC 18123 b |
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| other provisions.
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| (ii) In addition, Public Act 88-680 was entitled |
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| "AN ACT to create a
Safe Neighborhoods Law". (A) |
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| Article 5 was entitled JUVENILE JUSTICE and
amended the |
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| Juvenile Court Act of 1987. (B) Article 15 was entitled |
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| GANGS and
amended various provisions of the Criminal |
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| Code of 1961 and the Unified Code
of Corrections. (C) |
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| Article 20 was entitled ALCOHOL ABUSE and amended |
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| various
provisions of the Illinois Vehicle Code. (D) |
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| Article 25 was entitled DRUG
ABUSE and amended the |
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| Cannabis Control Act and the Illinois Controlled
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| Substances Act. (E) Article 30 was entitled FIREARMS |
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| and amended the Criminal
Code of 1961 and the Code of |
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| Criminal Procedure of 1963. (F) Article 35
amended the |
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| Criminal Code of 1961, the Rights of Crime Victims and |
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| Witnesses
Act, and the Unified Code of Corrections. (G) |
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| Article 40 amended the Criminal
Code of 1961 to |
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| increase the penalty for compelling organization |
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| membership of
persons. (H) Article 45 created the |
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| Secure Residential Youth Care Facility
Licensing Act |
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| and amended the State Finance Act, the Juvenile Court |
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| Act of
1987, the Unified Code of Corrections, and the |
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| Private Correctional Facility
Moratorium Act. (I) |
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| Article 50 amended the WIC Vendor Management Act, the
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| Firearm Owners Identification Card Act, the Juvenile |
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| Court Act of 1987, the
Criminal Code of 1961, the |
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LRB096 08018 RLC 18123 b |
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| Wrongs to Children Act, and the Unified Code of
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| Corrections.
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| (iii) On September 22, 1998, the Third District |
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| Appellate Court in
People v. Dainty, 701 N.E. 2d 118, |
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| ruled that Public Act 88-680 violates the
single |
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| subject clause of the Illinois Constitution (Article |
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| IV, Section 8 (d))
and was unconstitutional in its |
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| entirety. As of the time this amendatory Act
of 1999 |
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| was prepared, People v. Dainty was still subject to |
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| appeal.
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| (iv) Child pornography is a vital concern to the |
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| people of this State
and the validity of future |
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| prosecutions under the child pornography statute of
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| the Criminal Code of 1961 is in grave doubt.
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| (2) It is the purpose of this amendatory Act of 1999 to |
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| prevent or
minimize any problems relating to prosecutions |
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| for child pornography that may
result from challenges to |
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| the constitutional validity of Public Act 88-680 by
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| re-enacting the Section relating to child pornography that |
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| was included in
Public Act 88-680.
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| (3) This amendatory Act of 1999 re-enacts Section |
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| 11-20.1 of the
Criminal Code of 1961, as it has been |
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| amended. This re-enactment is intended
to remove any |
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| question as to the validity or content of that Section; it |
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| is not
intended to supersede any other Public Act that |
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| amends the text of the Section
as set forth in this |
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LRB096 08018 RLC 18123 b |
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| amendatory Act of 1999. The material is shown as existing
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| text (i.e., without underscoring) because, as of the time |
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| this amendatory Act
of 1999 was prepared, People v. Dainty |
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| was subject to appeal to the Illinois
Supreme Court.
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| (4) The re-enactment by this amendatory Act of 1999 of |
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| Section 11-20.1 of
the Criminal Code of 1961 relating to |
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| child pornography that was amended by
Public Act 88-680 is |
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| not intended, and shall not be construed, to imply that
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| Public Act 88-680 is invalid or to limit or impair any |
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| legal argument
concerning whether those provisions were |
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| substantially re-enacted by other
Public Acts.
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| (Source: P.A. 94-366, eff. 7-29-05 .)
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| (720 ILCS 5/11-20.3) |
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| Sec. 11-20.3. Aggravated child pornography. |
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| (a) A person commits the offense of aggravated child |
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| pornography who: |
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| (1) films, videotapes, photographs, or otherwise |
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| depicts or portrays by means of any similar visual medium |
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| or reproduction or depicts by computer any child whom he or |
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| she knows or reasonably should know to be under the age of |
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| 13 years where such child is: |
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| (i) actually or by simulation engaged in any act of |
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| sexual penetration or sexual conduct with any person or |
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| animal; or |
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| (ii) actually or by simulation engaged in any act |
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LRB096 08018 RLC 18123 b |
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| of sexual penetration or sexual conduct involving the |
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| sex organs of the child and the mouth, anus, or sex |
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| organs of another person or animal; or which involves |
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| the mouth, anus or sex organs of the child and the sex |
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| organs of another person or animal; or |
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| (iii) actually or by simulation engaged in any act |
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| of masturbation; or |
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| (iv) actually or by simulation portrayed as being |
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| the object of, or otherwise engaged in, any act of lewd |
10 |
| fondling, touching, or caressing involving another |
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| person or animal; or |
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| (v) actually or by simulation engaged in any act of |
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| excretion or urination within a sexual context; or |
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| (vi) actually or by simulation portrayed or |
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| depicted as bound, fettered, or subject to sadistic, |
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| masochistic, or sadomasochistic abuse in any sexual |
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| context; or |
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| (vii) depicted or portrayed in any pose, posture or |
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| setting involving a lewd exhibition of the unclothed or |
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| transparently clothed genitals, pubic area, buttocks, |
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| or, if such person is female, a fully or partially |
22 |
| developed breast of the child or other person; or |
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| (2) with the knowledge of the nature or content |
24 |
| thereof, reproduces, disseminates, offers to disseminate, |
25 |
| exhibits or possesses with intent to disseminate any film, |
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| videotape, photograph or other similar visual reproduction |
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LRB096 08018 RLC 18123 b |
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| or depiction by computer of any child whom the person knows |
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| or reasonably should know to be under the age of 13 engaged |
3 |
| in any activity described in subparagraphs (i) through |
4 |
| (vii) of paragraph (1) of this subsection; or |
5 |
| (3) with knowledge of the subject matter or theme |
6 |
| thereof, produces any stage play, live performance, film, |
7 |
| videotape or other similar visual portrayal or depiction by |
8 |
| computer which includes a child whom the person knows or |
9 |
| reasonably should know to be under the age of 13 engaged in |
10 |
| any activity described in subparagraphs (i) through (vii) |
11 |
| of paragraph (1) of this subsection; or |
12 |
| (4) solicits, uses, persuades, induces, entices, or |
13 |
| coerces any child whom he or she knows or reasonably should |
14 |
| know to be under the age of 13 to appear in any stage play, |
15 |
| live presentation, film, videotape, photograph or other |
16 |
| similar visual reproduction or depiction by computer in |
17 |
| which the child or severely or profoundly mentally retarded |
18 |
| person is or will be depicted, actually or by simulation, |
19 |
| in any act, pose or setting described in subparagraphs (i) |
20 |
| through (vii) of paragraph (1) of this subsection; or |
21 |
| (5) is a parent, step-parent, legal guardian or other |
22 |
| person having care or custody of a child whom the person |
23 |
| knows or reasonably should know to be under the age of 13 |
24 |
| and who knowingly permits, induces, promotes, or arranges |
25 |
| for such child to appear in any stage play, live |
26 |
| performance, film, videotape, photograph or other similar |
|
|
|
HB2670 Enrolled |
- 16 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| visual presentation, portrayal or simulation or depiction |
2 |
| by computer of any act or activity described in |
3 |
| subparagraphs (i) through (vii) of paragraph (1) of this |
4 |
| subsection; or |
5 |
| (6) with knowledge of the nature or content thereof, |
6 |
| possesses any film, videotape, photograph or other similar |
7 |
| visual reproduction or depiction by computer of any child |
8 |
| whom the person knows or reasonably should know to be under |
9 |
| the age of 13 engaged in any activity described in |
10 |
| subparagraphs (i) through (vii) of paragraph (1) of this |
11 |
| subsection; or |
12 |
| (7) solicits, or knowingly uses, persuades, induces, |
13 |
| entices, or coerces a person to provide a child under the |
14 |
| age of 13 to appear in any videotape, photograph, film, |
15 |
| stage play, live presentation, or other similar visual |
16 |
| reproduction or depiction by computer in which the child |
17 |
| will be depicted, actually or by simulation, in any act, |
18 |
| pose, or setting described in subparagraphs (i) through |
19 |
| (vii) of paragraph (1) of this subsection. |
20 |
| (b)(1) It shall be an affirmative defense to a charge of |
21 |
| aggravated child pornography that the defendant reasonably |
22 |
| believed, under all of the circumstances, that the child was 13 |
23 |
| years of age or older, but only where, prior to the act or acts |
24 |
| giving rise to a prosecution under this Section, he or she took |
25 |
| some affirmative action or made a bonafide inquiry designed to |
26 |
| ascertain whether the child was 13 years of age or older and |
|
|
|
HB2670 Enrolled |
- 17 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| his or her reliance upon the information so obtained was |
2 |
| clearly reasonable. |
3 |
| (2) The charge of aggravated child pornography shall not |
4 |
| apply to the performance of official duties by law enforcement |
5 |
| or prosecuting officers or persons employed by law enforcement |
6 |
| or prosecuting agencies, court personnel or attorneys, nor to |
7 |
| bonafide treatment or professional education programs |
8 |
| conducted by licensed physicians, psychologists or social |
9 |
| workers. |
10 |
| (3) If the defendant possessed more than 3 of the same |
11 |
| film, videotape or visual reproduction or depiction by computer |
12 |
| in which aggravated child pornography is depicted, then the |
13 |
| trier of fact may infer that the defendant possessed such |
14 |
| materials with the intent to disseminate them. |
15 |
| (4) The charge of aggravated child pornography does not |
16 |
| apply to a person who does not voluntarily possess a film, |
17 |
| videotape, or visual reproduction or depiction by computer in |
18 |
| which aggravated child pornography is depicted. Possession is |
19 |
| voluntary if the defendant knowingly procures or receives a |
20 |
| film, videotape, or visual reproduction or depiction for a |
21 |
| sufficient time to be able to terminate his or her possession. |
22 |
| (5) Any violation of paragraph (1), (2), (3), (4), (5), or |
23 |
| (7) of subsection (a) that includes a child engaged in, |
24 |
| solicited for, depicted in, or posed in any act of sexual |
25 |
| penetration or bound, fettered, or subject to sadistic, |
26 |
| masochistic, or sadomasochistic abuse in a sexual context shall |
|
|
|
HB2670 Enrolled |
- 18 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| be deemed a crime of violence. |
2 |
| (c) Sentence:
(1) A person who commits a violation of |
3 |
| paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is |
4 |
| guilty of a Class X felony with a mandatory minimum fine of |
5 |
| $2,000 and a maximum fine of $100,000. |
6 |
| (2) A person who commits a violation of paragraph (6) of |
7 |
| subsection (a) is guilty of a Class 2 felony with a mandatory |
8 |
| minimum fine of $1000 and a maximum fine of $100,000. |
9 |
| (3) A person who commits a violation of paragraph (1), (2), |
10 |
| (3), (4), (5), or (7) of subsection (a) where the defendant has |
11 |
| previously been convicted under the laws of this State or any |
12 |
| other state of the offense of child pornography, aggravated |
13 |
| child pornography, aggravated criminal sexual abuse, |
14 |
| aggravated criminal sexual assault, predatory criminal sexual |
15 |
| assault of a child, or any of the offenses formerly known as |
16 |
| rape, deviate sexual assault, indecent liberties with a child, |
17 |
| or aggravated indecent liberties with a child where the victim |
18 |
| was under the age of 18 years or an offense that is |
19 |
| substantially equivalent to those offenses, is guilty of a |
20 |
| Class X felony for which the person shall be sentenced to a |
21 |
| term of imprisonment of not less than 9 years with a mandatory |
22 |
| minimum fine of $2,000 and a maximum fine of $100,000. |
23 |
| (4) A person who commits a violation of paragraph (6) of |
24 |
| subsection (a) where the defendant has previously been |
25 |
| convicted under the laws of this State or any other state of |
26 |
| the offense of child pornography, aggravated child |
|
|
|
HB2670 Enrolled |
- 19 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| pornography, aggravated criminal sexual abuse, aggravated |
2 |
| criminal sexual assault, predatory criminal sexual assault of a |
3 |
| child, or any of the offenses formerly known as rape, deviate |
4 |
| sexual assault, indecent liberties with a child, or aggravated |
5 |
| indecent liberties with a child where the victim was under the |
6 |
| age of 18 years or an offense that is substantially equivalent |
7 |
| to those offenses, is guilty of a Class 1 felony with a |
8 |
| mandatory minimum fine of $1000 and a maximum fine of $100,000. |
9 |
| (d) If a person is convicted of a second or subsequent |
10 |
| violation of this Section within 10 years of a prior |
11 |
| conviction, the court shall order a presentence psychiatric |
12 |
| examination of the person. The examiner shall report to the |
13 |
| court whether treatment of the person is necessary. |
14 |
| (e) Any film, videotape, photograph or other similar visual |
15 |
| reproduction or depiction by computer which includes a child |
16 |
| under the age of 13 engaged in any activity described in |
17 |
| subparagraphs (i) through (vii) of paragraph (1) of subsection |
18 |
| (a), and any material or equipment used or intended for use in |
19 |
| photographing, filming, printing, producing, reproducing, |
20 |
| manufacturing, projecting, exhibiting, depiction by computer, |
21 |
| or disseminating such material shall be seized and forfeited in |
22 |
| the manner, method and procedure provided by Section 36-1 of |
23 |
| this Code for the seizure and forfeiture of vessels, vehicles |
24 |
| and aircraft. |
25 |
| (e-5) Upon the conclusion of a case brought under this |
26 |
| Section, the court shall seal all evidence depicting a victim |
|
|
|
HB2670 Enrolled |
- 20 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| or witness that is sexually explicit. The evidence may be |
2 |
| unsealed and viewed, on a motion of the party seeking to unseal |
3 |
| and view the evidence, only for good cause shown and in the |
4 |
| discretion of the court. The motion must expressly set forth |
5 |
| the purpose for viewing the material. The State's attorney and |
6 |
| the victim, if possible, shall be provided reasonable notice of |
7 |
| the hearing on the motion to unseal the evidence. Any person |
8 |
| entitled to notice of a hearing under this subsection (e-5) may |
9 |
| object to the motion. |
10 |
| (f) Definitions. For the purposes of this Section: |
11 |
| (1) "Disseminate" means (i) to sell, distribute, |
12 |
| exchange or transfer possession, whether with or without |
13 |
| consideration or (ii) to make a depiction by computer |
14 |
| available for distribution or downloading through the |
15 |
| facilities of any telecommunications network or through |
16 |
| any other means of transferring computer programs or data |
17 |
| to a computer. |
18 |
| (2) "Produce" means to direct, promote, advertise, |
19 |
| publish, manufacture, issue, present or show. |
20 |
| (3) "Reproduce" means to make a duplication or copy. |
21 |
| (4) "Depict by computer" means to generate or create, |
22 |
| or cause to be created or generated, a computer program or |
23 |
| data that, after being processed by a computer either alone |
24 |
| or in conjunction with one or more computer programs, |
25 |
| results in a visual depiction on a computer monitor, |
26 |
| screen, or display. |
|
|
|
HB2670 Enrolled |
- 21 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| (5) "Depiction by computer" means a computer program or |
2 |
| data that, after being processed by a computer either alone |
3 |
| or in conjunction with one or more computer programs, |
4 |
| results in a visual depiction on a computer monitor, |
5 |
| screen, or display. |
6 |
| (6) "Computer", "computer program", and "data" have |
7 |
| the meanings ascribed to them in Section 16D-2 of this |
8 |
| Code. |
9 |
| (7) For the purposes of this Section, "child" means a |
10 |
| person, either in part or in total, under the age of 13, |
11 |
| regardless of the method by which the film, videotape, |
12 |
| photograph, or other similar visual medium or reproduction |
13 |
| or depiction by computer is created, adopted, or modified |
14 |
| to appear as such. |
15 |
| (8) "Sexual penetration" and "sexual conduct" have the |
16 |
| meanings ascribed to them in Section 12-12 of this Code. |
17 |
| (g) When a charge of aggravated child pornography is |
18 |
| brought, the age of the child is an element of the offense to |
19 |
| be resolved by the trier of fact as either exceeding or not |
20 |
| exceeding the age in question. The trier of fact can rely on |
21 |
| its own everyday observations and common experiences in making |
22 |
| this determination.
|
23 |
| (Source: P.A. 95-579, eff. 6-1-08 .) |
24 |
| Section 10. The Bill of Rights for Children is amended by |
25 |
| changing Section 3 as follows:
|
|
|
|
HB2670 Enrolled |
- 22 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| (725 ILCS 115/3) (from Ch. 38, par. 1353)
|
2 |
| Sec. 3. Rights to present child impact statement.
|
3 |
| (a) In any case where
a defendant has been convicted of a |
4 |
| violent crime involving a child or a
juvenile has been |
5 |
| adjudicated a delinquent for any offense defined in
Sections |
6 |
| 11-6, 11-20.1, and 11-20.3 and in Sections 12-13 through 12-16 |
7 |
| of the Criminal Code of 1961, except those in
which both |
8 |
| parties have agreed to the imposition of a specific sentence,
|
9 |
| and a parent or legal guardian of the child involved is present |
10 |
| in the
courtroom at the time of the sentencing or the |
11 |
| disposition hearing, the
parent or legal guardian upon his or |
12 |
| her request shall have the right to
address the court regarding |
13 |
| the impact which the defendant's criminal
conduct or the |
14 |
| juvenile's delinquent conduct has had upon the child. If
the |
15 |
| parent or legal guardian chooses to exercise this right, the |
16 |
| impact
statement must have been prepared in writing in |
17 |
| conjunction with the Office
of the State's Attorney prior to |
18 |
| the initial hearing or sentencing, before
it can be presented |
19 |
| orally at the sentencing hearing. The court shall
consider any |
20 |
| statements made by the parent or legal guardian, along with
all |
21 |
| other appropriate factors in determining the sentence of the |
22 |
| defendant
or disposition of such juvenile.
|
23 |
| (b) The crime victim has the right to prepare a victim |
24 |
| impact statement
and present it to the office of the State's |
25 |
| Attorney at any time during the
proceedings.
|
|
|
|
HB2670 Enrolled |
- 23 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| (c) This Section shall apply to any child victims of any |
2 |
| offense defined
in
Sections 12-13 through 12-16 of the Criminal |
3 |
| Code of 1961 during any
dispositional hearing under Section |
4 |
| 5-705 of the Juvenile Court
Act of 1987
which takes place |
5 |
| pursuant to an adjudication of delinquency for any such
|
6 |
| offense.
|
7 |
| (Source: P.A. 90-590, eff. 1-1-99.)
|
8 |
| Section 15. The Rights of Crime Victims and Witnesses Act |
9 |
| is amended by changing Section 3 as follows:
|
10 |
| (725 ILCS 120/3) (from Ch. 38, par. 1403)
|
11 |
| Sec. 3. The terms used in this Act, unless the context |
12 |
| clearly
requires otherwise, shall have the following meanings:
|
13 |
| (a) "Crime victim" means (1) a person physically injured in |
14 |
| this State as a
result of a violent crime perpetrated or |
15 |
| attempted against that person or (2) a
person who suffers |
16 |
| injury to or loss of property as a result of a violent crime
|
17 |
| perpetrated or attempted against that person or (3) a single
|
18 |
| representative who
may be the spouse, parent, child or sibling |
19 |
| of a person killed as a result of a
violent crime perpetrated |
20 |
| against the person killed or the spouse, parent,
child or |
21 |
| sibling of any person granted rights under this Act who is |
22 |
| physically
or mentally incapable of exercising such rights, |
23 |
| except where the spouse,
parent, child or sibling is also the |
24 |
| defendant or prisoner or (4) any person
against whom a violent |
|
|
|
HB2670 Enrolled |
- 24 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| crime has been committed or (5) any person
who has suffered |
2 |
| personal injury as a result of a violation of Section 11-501
of |
3 |
| the Illinois Vehicle Code, or of a similar provision of a local |
4 |
| ordinance,
or of Section 9-3 of the Criminal Code of 1961, as |
5 |
| amended or (6) in proceedings under the Juvenile Court Act of |
6 |
| 1987, both parents, legal guardians, foster parents, or a |
7 |
| single adult representative of a minor or disabled person who |
8 |
| is a crime victim.
|
9 |
| (b) "Witness" means any person who personally observed the |
10 |
| commission of
a violent crime and who will testify on behalf of |
11 |
| the State of Illinois in
the criminal prosecution of the |
12 |
| violent crime.
|
13 |
| (c) "Violent Crime" means any felony in which force or |
14 |
| threat of force was
used against the victim, or any offense |
15 |
| involving sexual exploitation, sexual
conduct or sexual |
16 |
| penetration, or a violation of Section 11-20.1 or 11-20.3 of |
17 |
| the Criminal Code of 1961, domestic battery, violation of an |
18 |
| order of
protection, stalking, or any misdemeanor which results |
19 |
| in death or great bodily
harm to the victim or any violation of |
20 |
| Section 9-3 of the Criminal Code of
1961, or Section 11-501 of |
21 |
| the Illinois Vehicle
Code, or a similar provision of a local |
22 |
| ordinance, if the violation resulted
in personal injury or |
23 |
| death, and includes any action committed by a juvenile
that |
24 |
| would be a violent crime if committed by an adult. For the |
25 |
| purposes of
this paragraph, "personal injury" shall include any |
26 |
| Type A injury as indicated
on the traffic accident report |
|
|
|
HB2670 Enrolled |
- 25 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| completed by a law enforcement officer that
requires immediate |
2 |
| professional attention in either a doctor's office or
medical |
3 |
| facility. A type A injury shall include severely bleeding |
4 |
| wounds,
distorted extremities, and injuries that require the |
5 |
| injured party to be
carried from the scene.
|
6 |
| (d) "Sentencing Hearing" means any hearing where a sentence |
7 |
| is imposed
by the court on a convicted defendant and includes |
8 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 |
9 |
| and 5-7-7 of the Unified Code of
Corrections except those cases |
10 |
| in which both parties have agreed to the
imposition of a |
11 |
| specific sentence.
|
12 |
| (e) "Court proceedings" includes the preliminary hearing, |
13 |
| any hearing the
effect of which may be the release of the |
14 |
| defendant from custody or to alter
the conditions of bond, the |
15 |
| trial, sentencing hearing, notice of appeal, any
modification |
16 |
| of sentence, probation revocation hearings or parole hearings.
|
17 |
| (Source: P.A. 94-271, eff. 1-1-06; 95-591, eff. 6-1-08; 95-876, |
18 |
| eff. 8-21-08.)
|
19 |
| Section 20. The Sexually Violent Persons Commitment Act is |
20 |
| amended by changing Section 5 as follows:
|
21 |
| (725 ILCS 207/5)
|
22 |
| Sec. 5. Definitions. As used in this Act, the term:
|
23 |
| (a) "Department" means the Department of Human
Services.
|
24 |
| (b) "Mental disorder" means a congenital or acquired
|
|
|
|
HB2670 Enrolled |
- 26 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| condition affecting the emotional or volitional capacity that
|
2 |
| predisposes a person to engage in acts of sexual violence.
|
3 |
| (c) "Secretary" means the Secretary of
Human Services.
|
4 |
| (d) "Sexually motivated" means that one of the purposes for
|
5 |
| an act is for the actor's sexual arousal or gratification.
|
6 |
| (e) "Sexually violent offense" means any of the following:
|
7 |
| (1) Any crime specified in Section 11-6, 11-20.1, |
8 |
| 11-20.3, 12-13, 12-14, 12-14.1,
or 12-16 of the Criminal |
9 |
| Code of 1961; or
|
10 |
| (1.5) Any former law of this State specified in Section |
11 |
| 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent |
12 |
| liberties with a child) or 11-4.1
11-4
(aggravated indecent |
13 |
| liberties with a child) of the Criminal Code of 1961; or
|
14 |
| (2) First degree murder, if it is determined by the |
15 |
| agency
with jurisdiction to have been sexually motivated; |
16 |
| or
|
17 |
| (3) Any solicitation, conspiracy or attempt to commit a
|
18 |
| crime under paragraph (e)(1) or (e)(2) of this Section.
|
19 |
| (f) "Sexually violent person" means a person who has been
|
20 |
| convicted of a sexually violent offense, has been adjudicated
|
21 |
| delinquent for a sexually violent offense, or has been found |
22 |
| not
guilty of a sexually violent offense by
reason of insanity |
23 |
| and who is
dangerous because he or she suffers from a mental |
24 |
| disorder that
makes it substantially probable that the person |
25 |
| will engage in
acts of sexual violence.
|
26 |
| (Source: P.A. 94-746, eff. 5-8-06; revised 10-23-08.)
|
|
|
|
HB2670 Enrolled |
- 27 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| Section 25. The Unified Code of Corrections is amended by |
2 |
| changing Section 5-5-3.2 as follows:
|
3 |
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
|
4 |
| Sec. 5-5-3.2. Factors in Aggravation.
|
5 |
| (a) The following factors shall be accorded weight in favor |
6 |
| of
imposing a term of imprisonment or may be considered by the |
7 |
| court as reasons
to impose a more severe sentence under Section |
8 |
| 5-8-1:
|
9 |
| (1) the defendant's conduct caused or threatened |
10 |
| serious harm;
|
11 |
| (2) the defendant received compensation for committing |
12 |
| the offense;
|
13 |
| (3) the defendant has a history of prior delinquency or |
14 |
| criminal activity;
|
15 |
| (4) the defendant, by the duties of his office or by |
16 |
| his position,
was obliged to prevent the particular offense |
17 |
| committed or to bring
the offenders committing it to |
18 |
| justice;
|
19 |
| (5) the defendant held public office at the time of the |
20 |
| offense,
and the offense related to the conduct of that |
21 |
| office;
|
22 |
| (6) the defendant utilized his professional reputation |
23 |
| or
position in the community to commit the offense, or to |
24 |
| afford
him an easier means of committing it;
|
|
|
|
HB2670 Enrolled |
- 28 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| (7) the sentence is necessary to deter others from |
2 |
| committing
the same crime;
|
3 |
| (8) the defendant committed the offense against a |
4 |
| person 60 years of age
or older or such person's property;
|
5 |
| (9) the defendant committed the offense against a |
6 |
| person who is
physically handicapped or such person's |
7 |
| property;
|
8 |
| (10) by reason of another individual's actual or |
9 |
| perceived race, color,
creed, religion, ancestry, gender, |
10 |
| sexual orientation, physical or mental
disability, or |
11 |
| national origin, the defendant committed the offense |
12 |
| against (i)
the person or property
of that individual; (ii) |
13 |
| the person or property of a person who has an
association |
14 |
| with, is married to, or has a friendship with the other |
15 |
| individual;
or (iii) the person or property of a relative |
16 |
| (by blood or marriage) of a
person described in clause (i) |
17 |
| or (ii). For the purposes of this Section,
"sexual |
18 |
| orientation" means heterosexuality, homosexuality, or |
19 |
| bisexuality;
|
20 |
| (11) the offense took place in a place of worship or on |
21 |
| the
grounds of a place of worship, immediately prior to, |
22 |
| during or immediately
following worship services. For |
23 |
| purposes of this subparagraph, "place of
worship" shall |
24 |
| mean any church, synagogue or other building, structure or
|
25 |
| place used primarily for religious worship;
|
26 |
| (12) the defendant was convicted of a felony committed |
|
|
|
HB2670 Enrolled |
- 29 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| while he was
released on bail or his own recognizance |
2 |
| pending trial for a prior felony
and was convicted of such |
3 |
| prior felony, or the defendant was convicted of a
felony |
4 |
| committed while he was serving a period of probation,
|
5 |
| conditional discharge, or mandatory supervised release |
6 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
|
7 |
| (13) the defendant committed or attempted to commit a |
8 |
| felony while he
was wearing a bulletproof vest. For the |
9 |
| purposes of this paragraph (13), a
bulletproof vest is any |
10 |
| device which is designed for the purpose of
protecting the |
11 |
| wearer from bullets, shot or other lethal projectiles;
|
12 |
| (14) the defendant held a position of trust or |
13 |
| supervision such as, but
not limited to, family member as |
14 |
| defined in Section 12-12 of the Criminal Code
of 1961, |
15 |
| teacher, scout leader, baby sitter, or day care worker, in
|
16 |
| relation to a victim under 18 years of age, and the |
17 |
| defendant committed an
offense in violation of Section |
18 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
19 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
|
20 |
| against
that victim;
|
21 |
| (15) the defendant committed an offense related to the |
22 |
| activities of an
organized gang. For the purposes of this |
23 |
| factor, "organized gang" has the
meaning ascribed to it in |
24 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention |
25 |
| Act;
|
26 |
| (16) the defendant committed an offense in violation of |
|
|
|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
|
|
1 |
| one of the
following Sections while in a school, regardless |
2 |
| of the time of day or time of
year; on any conveyance |
3 |
| owned, leased, or contracted by a school to transport
|
4 |
| students to or from school or a school related activity; on |
5 |
| the real property
of a school; or on a public way within |
6 |
| 1,000 feet of the real property
comprising any school: |
7 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
|
8 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
9 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
10 |
| 33A-2 of the Criminal Code of
1961;
|
11 |
| (16.5) the defendant committed an offense in violation |
12 |
| of one of the
following Sections while in a day care |
13 |
| center, regardless of the time of day or
time of year; on |
14 |
| the real property of a day care center, regardless of the |
15 |
| time
of day or time of year; or on a public
way within |
16 |
| 1,000 feet of the real property comprising any day care |
17 |
| center,
regardless of the time of day or time of year:
|
18 |
| Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
21 |
| 33A-2 of the Criminal
Code of 1961;
|
22 |
| (17) the defendant committed the offense by reason of |
23 |
| any person's
activity as a community policing volunteer or |
24 |
| to prevent any person from
engaging in activity as a |
25 |
| community policing volunteer. For the purpose of
this |
26 |
| Section, "community policing volunteer" has the meaning |
|
|
|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
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|
1 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of |
2 |
| 1961;
|
3 |
| (18) the defendant committed the offense in a nursing |
4 |
| home or on the
real
property comprising a nursing home. For |
5 |
| the purposes of this paragraph (18),
"nursing home" means a |
6 |
| skilled nursing
or intermediate long term care facility |
7 |
| that is subject to license by the
Illinois Department of |
8 |
| Public Health under the Nursing Home Care
Act;
|
9 |
| (19) the defendant was a federally licensed firearm |
10 |
| dealer
and
was
previously convicted of a violation of |
11 |
| subsection (a) of Section 3 of the
Firearm Owners |
12 |
| Identification Card Act and has now committed either a |
13 |
| felony
violation
of the Firearm Owners Identification Card |
14 |
| Act or an act of armed violence while
armed
with a firearm; |
15 |
| (20) the defendant (i) committed the offense of |
16 |
| reckless homicide under Section 9-3 of the Criminal Code of |
17 |
| 1961 or the offense of driving under the influence of |
18 |
| alcohol, other drug or
drugs, intoxicating compound or |
19 |
| compounds or any combination thereof under Section 11-501 |
20 |
| of the Illinois Vehicle Code or a similar provision of a |
21 |
| local ordinance and (ii) was operating a motor vehicle in |
22 |
| excess of 20 miles per hour over the posted speed limit as |
23 |
| provided in Article VI of Chapter 11 of the Illinois |
24 |
| Vehicle Code;
|
25 |
| (21) the defendant (i) committed the offense of |
26 |
| reckless driving or aggravated reckless driving under |
|
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|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
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|
1 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was |
2 |
| operating a motor vehicle in excess of 20 miles per hour |
3 |
| over the posted speed limit as provided in Article VI of |
4 |
| Chapter 11 of the Illinois Vehicle Code; |
5 |
| (22) the defendant committed the offense against a |
6 |
| person that the defendant knew, or reasonably should have |
7 |
| known, was a member of the Armed Forces of the United |
8 |
| States serving on active duty. For purposes of this clause |
9 |
| (22), the term "Armed Forces" means any of the Armed Forces |
10 |
| of the United States, including a member of any reserve |
11 |
| component thereof or National Guard unit called to active |
12 |
| duty; or
|
13 |
| (23)
the defendant committed the offense against a |
14 |
| person who was elderly, disabled, or infirm by taking |
15 |
| advantage of a family or fiduciary relationship with the |
16 |
| elderly, disabled, or infirm person ; .
|
17 |
| (24)
(22) the defendant committed any offense under |
18 |
| Section 11-20.1 of the Criminal Code of 1961 and possessed |
19 |
| 100 or more images ; or .
|
20 |
| (25) the defendant committed the offense of child |
21 |
| pornography or aggravated child pornography, specifically |
22 |
| including paragraph (1), (2), (3), (4), (5), or (7) of |
23 |
| subsection (a) of Section 11-20.1 of the Criminal Code of |
24 |
| 1961 where a child engaged in, solicited for, depicted in, |
25 |
| or posed in any act of sexual penetration or bound, |
26 |
| fettered, or subject to sadistic, masochistic, or |
|
|
|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
|
|
1 |
| sadomasochistic abuse in a sexual context and specifically |
2 |
| including paragraph (1), (2), (3), (4), (5), or (7) of |
3 |
| subsection (a) of Section 11-20.3 of the Criminal Code of |
4 |
| 1961 where a child engaged in, solicited for, depicted in, |
5 |
| or posed in any act of sexual penetration or bound, |
6 |
| fettered, or subject to sadistic, masochistic, or |
7 |
| sadomasochistic abuse in a sexual context. |
8 |
| For the purposes of this Section:
|
9 |
| "School" is defined as a public or private
elementary or |
10 |
| secondary school, community college, college, or university.
|
11 |
| "Day care center" means a public or private State certified |
12 |
| and
licensed day care center as defined in Section 2.09 of the |
13 |
| Child Care Act of
1969 that displays a sign in plain view |
14 |
| stating that the
property is a day care center.
|
15 |
| (b) The following factors may be considered by the court as
|
16 |
| reasons to impose an extended term sentence under Section 5-8-2
|
17 |
| upon any offender:
|
18 |
| (1) When a defendant is convicted of any felony, after |
19 |
| having
been previously convicted in Illinois or any other |
20 |
| jurisdiction of the
same or similar class felony or greater |
21 |
| class felony, when such conviction
has occurred within 10 |
22 |
| years after the
previous conviction, excluding time spent |
23 |
| in custody, and such charges are
separately brought and |
24 |
| tried and arise out of different series of acts; or
|
25 |
| (2) When a defendant is convicted of any felony and the |
26 |
| court
finds that the offense was accompanied by |
|
|
|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
|
|
1 |
| exceptionally brutal
or heinous behavior indicative of |
2 |
| wanton cruelty; or
|
3 |
| (3) When a defendant is convicted of voluntary |
4 |
| manslaughter, second
degree murder, involuntary |
5 |
| manslaughter or reckless homicide in which the
defendant |
6 |
| has been convicted of causing the death of more than one |
7 |
| individual; or
|
8 |
| (4) When a defendant is convicted of any felony |
9 |
| committed against:
|
10 |
| (i) a person under 12 years of age at the time of |
11 |
| the offense or such
person's property;
|
12 |
| (ii) a person 60 years of age or older at the time |
13 |
| of the offense or
such person's property; or
|
14 |
| (iii) a person physically handicapped at the time |
15 |
| of the offense or
such person's property; or
|
16 |
| (5) In the case of a defendant convicted of aggravated |
17 |
| criminal sexual
assault or criminal sexual assault, when |
18 |
| the court finds that
aggravated criminal sexual assault or |
19 |
| criminal sexual assault
was also committed on the same |
20 |
| victim by one or more other individuals,
and the defendant |
21 |
| voluntarily participated in the crime with the knowledge
of |
22 |
| the participation of the others in the crime, and the |
23 |
| commission of the
crime was part of a single course of |
24 |
| conduct during which there was no
substantial change in the |
25 |
| nature of the criminal objective; or
|
26 |
| (6) When a defendant is convicted of any felony and the |
|
|
|
HB2670 Enrolled |
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LRB096 08018 RLC 18123 b |
|
|
1 |
| offense
involved any of the following types of specific |
2 |
| misconduct committed as
part of a ceremony, rite, |
3 |
| initiation, observance, performance, practice or
activity |
4 |
| of any actual or ostensible religious, fraternal, or social |
5 |
| group:
|
6 |
| (i) the brutalizing or torturing of humans or |
7 |
| animals;
|
8 |
| (ii) the theft of human corpses;
|
9 |
| (iii) the kidnapping of humans;
|
10 |
| (iv) the desecration of any cemetery, religious, |
11 |
| fraternal, business,
governmental, educational, or |
12 |
| other building or property; or
|
13 |
| (v) ritualized abuse of a child; or
|
14 |
| (7) When a defendant is convicted of first degree |
15 |
| murder, after having
been previously convicted in Illinois |
16 |
| of any offense listed under paragraph
(c)(2) of Section |
17 |
| 5-5-3, when such conviction has occurred within 10 years
|
18 |
| after the previous conviction, excluding time spent in |
19 |
| custody,
and such charges are separately brought and tried |
20 |
| and arise out of
different series of acts; or
|
21 |
| (8) When a defendant is convicted of a felony other |
22 |
| than conspiracy and
the court finds that
the felony was |
23 |
| committed under an agreement with 2 or more other persons
|
24 |
| to commit that offense and the defendant, with respect to |
25 |
| the other
individuals, occupied a position of organizer, |
26 |
| supervisor, financier, or any
other position of management |
|
|
|
HB2670 Enrolled |
- 36 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| or leadership, and the court further finds that
the felony |
2 |
| committed was related to or in furtherance of the criminal
|
3 |
| activities of an organized gang or was motivated by the |
4 |
| defendant's leadership
in an organized gang; or
|
5 |
| (9) When a defendant is convicted of a felony violation |
6 |
| of Section 24-1
of the Criminal Code of 1961 and the court |
7 |
| finds that the defendant is a member
of an organized gang; |
8 |
| or
|
9 |
| (10) When a defendant committed the offense using a |
10 |
| firearm with a
laser sight attached to it. For purposes of |
11 |
| this paragraph (10), "laser sight"
has the meaning ascribed |
12 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
|
13 |
| (11) When a defendant who was at least 17 years of age |
14 |
| at the
time of
the commission of the offense is convicted |
15 |
| of a felony and has been previously
adjudicated a |
16 |
| delinquent minor under the Juvenile Court Act of 1987 for |
17 |
| an act
that if committed by an adult would be a Class X or |
18 |
| Class 1 felony when the
conviction has occurred within 10 |
19 |
| years after the previous adjudication,
excluding time |
20 |
| spent in custody; or
|
21 |
| (12) When a defendant commits an offense involving the |
22 |
| illegal
manufacture of a controlled substance under |
23 |
| Section 401 of the Illinois
Controlled Substances Act, the |
24 |
| illegal manufacture of methamphetamine under Section 25 of |
25 |
| the Methamphetamine Control and Community Protection Act, |
26 |
| or the illegal possession of explosives and an
emergency |
|
|
|
HB2670 Enrolled |
- 37 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| response
officer in
the performance of his or her duties is
|
2 |
| killed or injured at the scene of the offense while |
3 |
| responding to the
emergency caused by the commission of the |
4 |
| offense.
In this paragraph (12),
"emergency" means a |
5 |
| situation in which a person's life, health, or safety is
in |
6 |
| jeopardy; and
"emergency response officer" means a peace |
7 |
| officer, community policing
volunteer, fireman, emergency |
8 |
| medical
technician-ambulance, emergency medical |
9 |
| technician-intermediate, emergency
medical |
10 |
| technician-paramedic, ambulance
driver, other medical |
11 |
| assistance or first aid personnel, or hospital emergency
|
12 |
| room personnel; or
|
13 |
| (13) When a defendant commits any felony and the |
14 |
| defendant used, possessed, exercised control over, or |
15 |
| otherwise directed an animal to assault a law enforcement |
16 |
| officer engaged in the execution of his or her official |
17 |
| duties or in furtherance of the criminal activities of an |
18 |
| organized gang in which the defendant is engaged.
|
19 |
| (b-1) For the purposes of this Section, "organized gang" |
20 |
| has the meaning
ascribed to it in Section 10 of the Illinois |
21 |
| Streetgang Terrorism Omnibus
Prevention Act.
|
22 |
| (c) The court may impose an extended term sentence under |
23 |
| Section 5-8-2
upon any offender who was convicted of aggravated |
24 |
| criminal sexual assault
or predatory criminal sexual assault of |
25 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the |
26 |
| Criminal Code of 1961
where the victim was under 18 years of |
|
|
|
HB2670 Enrolled |
- 38 - |
LRB096 08018 RLC 18123 b |
|
|
1 |
| age at the time of the commission
of the offense.
|
2 |
| (d) The court may impose an extended term sentence under |
3 |
| Section 5-8-2 upon
any offender who was convicted of unlawful |
4 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 |
5 |
| for possessing a weapon that is not readily
distinguishable as |
6 |
| one of the weapons enumerated in Section 24-1 of the
Criminal |
7 |
| Code of 1961.
|
8 |
| (e) The court may impose an extended term sentence under |
9 |
| Section 5-8-2
upon an offender who has been convicted of first |
10 |
| degree murder when the
offender has previously been convicted |
11 |
| of domestic battery or aggravated
domestic battery committed |
12 |
| against the murdered individual or has
previously been |
13 |
| convicted of violation of an order of protection in which the
|
14 |
| murdered individual was the protected person.
|
15 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, |
16 |
| eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, |
17 |
| eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, |
18 |
| eff. 1-1-09; revised 9-23-08.)
|
|
|
|
HB2670 Enrolled |
- 39 - |
LRB096 08018 RLC 18123 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
| 4 |
| 720 ILCS 5/11-20.1 |
from Ch. 38, par. 11-20.1 |
| 5 |
| 720 ILCS 5/11-20.3 |
|
| 6 |
| 725 ILCS 115/3 |
from Ch. 38, par. 1353 |
| 7 |
| 725 ILCS 120/3 |
from Ch. 38, par. 1403 |
| 8 |
| 725 ILCS 207/5 |
|
| 9 |
| 730 ILCS 5/5-5-3.2 |
from Ch. 38, par. 1005-5-3.2 |
|
|