Full Text of HB3477 95th General Assembly
HB3477 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3477
Introduced 2/28/2007, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
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Amends the Department of State Police Law of the
Civil Administrative Code of Illinois. Creates in the Department of State Police the Internet Crimes Enforcement Unit to investigate criminal offenses committed by use of the Internet. Provides that the Department of State Police shall establish a toll-free hotline for members of the public to report alleged Internet crimes to be investigated by the Internet Crimes Enforcement Unit. Amends the State Finance Act. Creates the Internet Predator Investigation and Prosecution Fund in the State treasury. Amends the Criminal Code of 1961. Extends the prohibition of posting identifying information on an adult obscenity or
child
pornography site without the consent of the person to all Internet sites. Prohibits the use of encryption to commit or assist in committing a criminal offense. Prohibits contacting a child under 16 years of age by means of the Internet and the contact involves explicit verbal descriptions or narrative accounts of a sexual nature. Amends the Harassing and Obscene Communications Act and the Unified Code of Corrections. Provides enhanced penalties for harassment by electronic communications and child pornography. Provides that a defendant who commits a crime using the Internet shall be assessed an additional $200 fine which shall be deposited into the Internet Predator Investigation and
Prosecution Fund and shall be used by the Illinois Child Exploitation Task
Force to assist in the training, investigation, and prosecution of
Internet crime.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB3477 |
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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 Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by adding Section | 6 |
| 2605-560 as follows: | 7 |
| (20 ILCS 2605/2605-560 new)
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| Sec. 2605-560. Internet Crimes Enforcement Unit. | 9 |
| (a) There is created in the Department the Internet Crimes | 10 |
| Enforcement Unit to investigate criminal offenses committed by | 11 |
| use of the Internet. The Department shall establish a toll-free | 12 |
| hotline for members of the public to report alleged Internet | 13 |
| crimes to be investigated by the Internet Crimes Enforcement | 14 |
| Unit. Upon receiving a credible report of an alleged Internet | 15 |
| crime, the Unit shall inform the local law enforcement agency | 16 |
| where the alleged crime occurred of the alleged Internet crime | 17 |
| and direct the local law enforcement agency to investigate the | 18 |
| crime or to investigate the crime in conjunction with the | 19 |
| Department. The Department or the local law enforcement agency | 20 |
| may obtain a warrant to search the computer hard drive of any | 21 |
| person suspected of committing an Internet crime. | 22 |
| (b) The Department shall establish a hyperlink on its home | 23 |
| web page to NetSmartz for the purpose of reporting Internet |
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| crimes against children. Such reports shall be forwarded to the | 2 |
| Attorney General's Office and to local State's Attorneys in | 3 |
| cooperation with the United States Department of Justice's | 4 |
| Internet Crimes Against Children Task Force Program. | 5 |
| (c) The Department shall train at least one police officer | 6 |
| per State Police Zone to provide NetSmartz training in that | 7 |
| zone to schools and other interested parties.
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| Section 10. The State Finance Act is amended by adding | 9 |
| Section 5.675 as follows: | 10 |
| (30 ILCS 105/5.675 new) | 11 |
| Sec. 5.675. The Internet Predator Investigation and | 12 |
| Prosecution Fund.
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| Section 15. The Criminal Code of 1961 is amended by | 14 |
| changing and renumbering Section 11-23 and by adding Sections | 15 |
| 11-25, 16D-5.5, and 16D-5.6 as follows:
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| (720 ILCS 5/11-25 new)
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| Sec. 11-25. Computer pornography. | 18 |
| (a) As used in this Section: | 19 |
| "Child" means any person under 16 years of age. | 20 |
| "Identifiable child" means a person:
(1) who was a | 21 |
| child at the time the visual depiction was created, | 22 |
| adapted, or modified or whose image as a child was used in |
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| creating, adapting, or modifying the visual depiction; and
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| (2) who is recognizable as an actual person by the person's | 3 |
| face, likeness, or other distinguishing characteristic, | 4 |
| such as a unique birthmark or other recognizable feature or | 5 |
| by electronic or scientific means as may be available.
The | 6 |
| term shall not be construed to require proof of the actual | 7 |
| identity of the child. | 8 |
| "Sadomasochistic abuse" "Sadomasochistic abuse" means | 9 |
| flagellation or torture by or
upon a person who is nude or | 10 |
| clad in undergarments or in revealing
or bizarre costume or | 11 |
| the condition of being fettered, bound, or
otherwise | 12 |
| physically restrained on the part of one so clothed. | 13 |
| "Sexual conduct" and "sexual penetration"have the same | 14 |
| meaning as provided in Section 12-12 of this Code. | 15 |
| "Sexual excitement" means the condition of human male | 16 |
| or
female genitals or the breasts of the female when in a | 17 |
| state of
sexual stimulation. | 18 |
| "Sexually explicit nudity" means a state of undress so | 19 |
| as to
expose the human male or female genitals, pubic area, | 20 |
| or buttocks
with less than a full opaque covering, or the | 21 |
| showing of the
female breast with less than a fully opaque | 22 |
| covering of any
portion thereof below the top of the | 23 |
| nipple, or the depiction of
covered or uncovered male | 24 |
| genitals in a discernibly turgid state. | 25 |
| "Visual depiction" means any image and includes | 26 |
| undeveloped film and video tape and data stored on computer |
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| disk or by electronic means which is capable of conversion | 2 |
| into a visual image or which has been created, adapted, or | 3 |
| modified to show an identifiable child engaged in sexually | 4 |
| explicit conduct. | 5 |
| (b) A person commits the offense of computer pornography if | 6 |
| he or she intentionally or knowingly for the purpose of | 7 |
| offering or soliciting sexual conduct or sexual penetration of | 8 |
| or with an identifiable child or the visual depiction of such | 9 |
| conduct or penetration: | 10 |
| (1) compiles, enters into, or transmits by means of | 11 |
| computer; | 12 |
| (2) makes, prints, publishes, or reproduces by other | 13 |
| computerized means; | 14 |
| (3) causes or allows to be entered into or transmitted | 15 |
| by means of computer; or | 16 |
| (4) buys, sells, receives, exchanges, or disseminates
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| any notice, statement, or advertisement, or any child's | 18 |
| name, telephone number, place of residence, physical | 19 |
| characteristics, or other descriptive or identifying | 20 |
| information. | 21 |
| (c) It is unlawful for any owner or operator of a computer | 22 |
| on-line service, Internet service, or local bulletin board | 23 |
| service intentionally or knowingly to permit a subscriber to | 24 |
| utilize the service to commit a violation of this Section, | 25 |
| knowing that such person intended to utilize such service to | 26 |
| violate this Section. No owner or operator of a public computer |
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| on-line service, Internet service, or local bulletin board | 2 |
| service shall be held liable on account of any action taken in | 3 |
| good faith in providing the aforementioned services.
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| (d) (1) Except as otherwise provided in paragraph (2) of | 5 |
| this subsection (d), a person convicted of violating subsection | 6 |
| (b) of this Section is guilty of a Class 1 felony. | 7 |
| (2) If at the time of the offense the victim was 14 or 15 | 8 |
| years of age and the defendant was no more than 3 years older | 9 |
| than the victim, then the defendant is guilty of a Class A | 10 |
| misdemeanor. | 11 |
| (3) A person who commits a violation of subsection (c) of | 12 |
| this Section is guilty of a Class A misdemeanor. | 13 |
| (e) The sole fact that an undercover operative or law | 14 |
| enforcement officer was involved in the detection and | 15 |
| investigation of an offense under this Section does not | 16 |
| constitute a defense to prosecution under this Section. | 17 |
| (f) A person is subject to prosecution in this State for | 18 |
| any conduct made unlawful by this Section that the person | 19 |
| engages in while either within or outside of this State if, by | 20 |
| such conduct, the person commits a violation of this Section | 21 |
| which involves a child who resides in this State or another | 22 |
| person believed by such person to be a child residing in this | 23 |
| State. | 24 |
| (g) Each violation of this Section constitutes a separate | 25 |
| offense.
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| (720 ILCS 5/16D-5.4) was (720 ILCS 5/11-23)
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| Sec. 16D-5.4
11-23 . Posting of identifying information on | 3 |
| an
a pornographic
Internet site.
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| (a) A person at least 17 years of age who discloses on an | 5 |
| adult obscenity or
child
pornography Internet site the name, | 6 |
| address, telephone number, or e-mail
address of a person
under | 7 |
| 17 years of age at the time of the commission of
the offense or | 8 |
| of a person at least 17 years of age without the consent of
the | 9 |
| person at least 17 years of age is guilty of the offense of | 10 |
| posting of
identifying information on an
a pornographic | 11 |
| Internet site.
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| (b) Sentence. A person who violates this Section is guilty | 13 |
| of a Class 4
felony if the victim is at least 17 years of age at | 14 |
| the time of the offense and
a
Class 3 felony if the victim is | 15 |
| under 17 years of age at the time of the
offense.
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| (c) Definitions. For purposes of this Section:
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| (1) (Blank)
"Adult obscenity or child pornography | 18 |
| Internet site" means a site on
the Internet that contains | 19 |
| material that is obscene as defined in Section 11-20
of | 20 |
| this Code or
that is child pornography as defined in | 21 |
| Section 11-20.1 of this Code .
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| (2) "Internet" includes the World Wide Web, electronic | 23 |
| mail, a
news group posting, or Internet file transfer.
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| (Source: P.A. 91-222, eff. 7-22-99.)
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| (720 ILCS 5/16D-5.5 new)
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| Sec. 16D-5.5. Unlawful use of encryption. | 2 |
| (a)
For the purposes of this Section: | 3 |
| "Access" means to intercept, instruct, communicate | 4 |
| with, store data in, retrieve from or otherwise make use of | 5 |
| any resources of a computer, network, or data.
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| "Computer" means an electronic device which performs | 7 |
| logical, arithmetic, and memory functions by manipulations | 8 |
| of electronic or magnetic impulses and includes all | 9 |
| equipment related to the computer in a system or network.
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| "Computer contaminant" means any data, information, | 11 |
| image, program, signal, or sound that is designed or has | 12 |
| the capability to:
(1) contaminate, corrupt, consume, | 13 |
| damage, destroy, disrupt, modify, record, or transmit; or
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| (2) cause to be contaminated, corrupted, consumed, | 15 |
| damaged, destroyed, disrupted, modified, recorded, or | 16 |
| transmitted,
any other data, information, image, program, | 17 |
| signal or sound contained in a computer, system, or network | 18 |
| without the knowledge or consent of the person who owns the | 19 |
| other data, information, image, program, signal or sound or | 20 |
| the computer, system or network.
"Computer contaminant" | 21 |
| includes, without limitation:
(1) a virus, worm or Trojan | 22 |
| horse;
(2) spyware that tracks computer activity and is | 23 |
| capable of recording and transmitting such information to | 24 |
| third parties; or
(3) any other similar data, information, | 25 |
| image, program, signal, or sound that is designed or has | 26 |
| the capability to prevent, impede, delay, or disrupt the |
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| normal operation or use of any component, device, | 2 |
| equipment, system or network.
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| "Data" means a representation in any form of | 4 |
| information, knowledge, facts, concepts or instructions | 5 |
| which is being prepared or has been formally prepared and | 6 |
| is intended to be processed, is being processed or has been | 7 |
| processed in a system or network.
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| "Encryption" means the use of any protective or | 9 |
| disruptive measure, including, without limitation, | 10 |
| cryptography, enciphering, encoding, or a computer | 11 |
| contaminant, to:
(1) prevent, impede, delay or disrupt | 12 |
| access to any data, information, image, program, signal, or | 13 |
| sound;
(2) cause or make any data, information, image, | 14 |
| program, signal, or sound unintelligible or unusable; or
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| (3) prevent, impede, delay, or disrupt the normal operation | 16 |
| or use of any component, device, equipment, system, or | 17 |
| network. | 18 |
| "Network" means a set of related, remotely connected | 19 |
| devices and facilities, including more than one system, | 20 |
| with the capability to transmit data among any of the | 21 |
| devices and facilities. The term includes, without | 22 |
| limitation, a local, regional, or global computer network.
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| "Program" means an ordered set of data representing | 24 |
| coded instructions or statements which can be executed by a | 25 |
| computer and cause the computer to perform one or more | 26 |
| tasks. |
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| "System" means a set of related equipment, whether or | 2 |
| not connected, which is used with or for a computer.
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| (b) A person shall not knowingly use or attempt to use | 4 |
| encryption, directly or indirectly, to: | 5 |
| (1) commit, facilitate, further, or promote any | 6 |
| criminal offense; | 7 |
| (2) aid, assist, or encourage another person to commit | 8 |
| any criminal offense; | 9 |
| (3) conceal the commission of any criminal offense; | 10 |
| (4) conceal or protect the identity of a person who has | 11 |
| committed any criminal offense; or | 12 |
| (5) Delay, hinder, or obstruct the administration of | 13 |
| the law. | 14 |
| (c) Sentence. A person who violates this Section is guilty | 15 |
| of a Class A misdemeanor, unless the encryption was used or | 16 |
| attempted to be used to commit an offense for which a greater | 17 |
| penalty is provided by law. If the encryption was used or | 18 |
| attempted to be used to commit an offense for which a greater | 19 |
| penalty is provided by law, the person shall be punished as | 20 |
| prescribed by law for that offense. | 21 |
| (d) A person who violates this Section commits a criminal | 22 |
| offense that is separate and distinct from any other criminal | 23 |
| offense and may be prosecuted and convicted under this Section | 24 |
| whether or not the person or any other person is or has been | 25 |
| prosecuted or convicted for any other criminal offense arising | 26 |
| out of the same facts as the violation of this Section. |
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| (720 ILCS 5/16D-5.6 new)
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| Sec. 16D-5.6. Enticing child by means of the Internet. | 3 |
| (a) For the purposes of this Section, "child", "sexually | 4 |
| explicit nudity", "sexual conduct", "sexual penetration", | 5 |
| "sexual excitement", and "sadomasochistic abuse" have the | 6 |
| meanings ascribed to them in Section 11-25 of this Code.
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| (b) It is unlawful for any person intentionally or | 8 |
| knowingly to utilize a computer on-line service or Internet | 9 |
| service, including but not limited to a local bulletin board | 10 |
| service, Internet chat room, e-mail, or on-line messaging | 11 |
| service to seduce, solicit, lure, or entice, or attempt to | 12 |
| seduce, solicit, lure, or entice a child or another person | 13 |
| believed by such person to be a child to commit any illegal act | 14 |
| described in Section 11-6, 11-9, 12-13, 12-14, 12-14.1, 12-15, | 15 |
| or 12-16 of this Code. | 16 |
| (c) It is unlawful for any person to intentionally or | 17 |
| knowingly contact someone he or she knows to be a child or | 18 |
| someone he or she believes to be a child via a computer on-line | 19 |
| service or Internet service, including but not limited to a | 20 |
| local bulletin board service, Internet chat room, e-mail, or | 21 |
| on-line messaging service, and the contact involves any matter | 22 |
| containing explicit verbal descriptions or narrative accounts | 23 |
| of sexually explicit nudity, sexual conduct, sexual | 24 |
| excitement, or sadomasochistic abuse that is intended to arouse | 25 |
| or satisfy the sexual desire of either the child or the person, |
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| provided that no conviction shall be had for a violation of | 2 |
| this subsection (c) on the unsupported testimony of a child.
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| (d) Sentence. (1) Except as otherwise provided in paragraph | 4 |
| (2) of this subsection (d), a violation of this Section is a | 5 |
| Class 1 felony. | 6 |
| (2) If at the time of the offense the victim was 14 or 15 | 7 |
| years of age and the defendant was no more than 3 years older | 8 |
| than the victim, then the defendant is guilty of a Class A | 9 |
| misdemeanor. | 10 |
| (e) The sole fact that an undercover operative or law | 11 |
| enforcement officer was involved in the detection and | 12 |
| investigation of an offense under this Section does not | 13 |
| constitute a defense to prosecution under this Section. | 14 |
| (f) A person is subject to prosecution in this State for | 15 |
| any conduct made unlawful by this Section that the person | 16 |
| engages in while either within or outside of this State if, by | 17 |
| such conduct, the person commits a violation of this Section | 18 |
| which involves a child who resides in this State or another | 19 |
| person believed by such person to be a child residing in this | 20 |
| State. | 21 |
| (g) Each violation of this Section constitutes a separate | 22 |
| offense.
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| Section 20. The Harassing and Obscene Communications Act is | 24 |
| amended by changing Section 2 as follows:
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| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
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| Sec. 2. Sentence.
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| (a) Except as provided in
subsection (b), a
person who | 4 |
| violates any of the provisions of
Section 1 or
, 1-1 , or 1-2 of | 5 |
| this Act
is guilty of a Class B misdemeanor.
Except as provided
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| in subsection (b), a second or subsequent
violation of Section | 7 |
| 1 or
, 1-1 , or 1-2 of this
Act is a Class A
misdemeanor, for | 8 |
| which the
court
shall impose a minimum of 14 days in
jail or, | 9 |
| if public or
community service is established in the county in | 10 |
| which the offender was
convicted, 240 hours of public or | 11 |
| community service. Except as provided in
subsection (b), a
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| person who violates any of the provisions of
Section 1-2 of | 13 |
| this Act is guilty of a Class A misdemeanor for which the court | 14 |
| shall impose a minimum of 15 days in jail and a maximum of 30 | 15 |
| days in jail. A second or subsequent violation of Section 1-2 | 16 |
| is a Class 4 felony.
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| (b) In any of the following circumstances, a person who | 18 |
| violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 19 |
| a Class 4 felony:
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| (1) The person has 3 or more prior violations in the | 21 |
| last 10 years of
harassment
by
telephone under Section 1-1 | 22 |
| of this Act, harassment through electronic
communications | 23 |
| under Section 1-2 of this Act, or any similar offense of | 24 |
| any
state;
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| (2) The person has previously violated the harassment | 26 |
| by telephone
provisions of Section 1-1 of this Act or the |
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| harassment through electronic
communications provisions of | 2 |
| Section 1-2 of this Act or committed any similar
offense in | 3 |
| any state with the same victim or a member of the victim's | 4 |
| family or
household;
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| (3) At the time of the offense, the offender was under | 6 |
| conditions of bail,
probation, mandatory supervised | 7 |
| release or was the subject of an order of
protection, in | 8 |
| this or any other state, prohibiting contact with the | 9 |
| victim or
any member of the victim's family or household;
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| (4) In the course of the offense, the offender | 11 |
| threatened to kill the
victim or any member of the victim's | 12 |
| family or household;
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| (5) The person has been convicted in the last 10 years | 14 |
| of a forcible
felony
as defined in Section 2-8 of the | 15 |
| Criminal Code of 1961; or
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| (6) The person violates paragraph (4.1) of Section 1-1 | 17 |
| or paragraph
(3.1) of subsection (a) of Section 1-2.
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| (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
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| Section 25. The Unified Code of Corrections is amended by | 20 |
| changing Sections 5-5-3 and 5-5-3.2 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 24 |
| Vehicle Code, every person convicted of an offense shall be |
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| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 3 |
| dispositions, alone
or in combination, for all felonies and | 4 |
| misdemeanors other than those
identified in subsection (c) of | 5 |
| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 11 |
| repair the
damage, if the offender was convicted under | 12 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 13 |
| (now repealed).
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 16 |
| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 18 |
| incarceration
program under Section 5-8-1.2 of this Code. | 19 |
| (9) A term of imprisonment in combination with a term | 20 |
| of probation when the offender has been admitted into a | 21 |
| drug court program under Section 20 of the Drug Court | 22 |
| Treatment Act.
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| Neither a fine nor restitution shall be the sole | 24 |
| disposition
for a felony and either or both may be imposed only | 25 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree |
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| murder the
State may either seek a sentence of imprisonment | 2 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 3 |
| a sentence of death under Section 9-1
of the Criminal Code | 4 |
| of 1961.
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| (2) A period of probation, a term of periodic | 6 |
| imprisonment or
conditional discharge shall not be imposed | 7 |
| for the following offenses.
The court shall sentence the | 8 |
| offender to not less than the minimum term
of imprisonment | 9 |
| set forth in this Code for the following offenses, and
may | 10 |
| order a fine or restitution or both in conjunction with | 11 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 13 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
| 17 |
| Illinois Controlled Substances Act, or a violation of | 18 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 19 |
| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 22 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 24 |
| been convicted
of a Class 2 or greater felony within 10 | 25 |
| years of the date on which the
offender
committed the | 26 |
| offense for which he or she is being sentenced, except |
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| as
otherwise provided in Section 40-10 of the | 2 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 4 |
| 24-1.6 of the Criminal Code of 1961 for which | 5 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 7 |
| provided in Section 40-10
of the Alcoholism and Other | 8 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 12 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 14 |
| paragraph, "organized
gang" means an association of 5 | 15 |
| or more persons, with an established hierarchy,
that | 16 |
| encourages members of the association to perpetrate | 17 |
| crimes or provides
support to the members of the | 18 |
| association who do commit crimes.
| 19 |
| Beginning July 1, 1994, for the purposes of this | 20 |
| paragraph,
"organized gang" has the meaning ascribed | 21 |
| to it in Section 10 of the Illinois
Streetgang | 22 |
| Terrorism Omnibus Prevention Act.
| 23 |
| (K) Vehicular hijacking.
| 24 |
| (L) A second or subsequent conviction for the | 25 |
| offense of hate crime
when the underlying offense upon | 26 |
| which the hate crime is based is felony
aggravated
|
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| assault or felony mob action.
| 2 |
| (M) A second or subsequent conviction for the | 3 |
| offense of institutional
vandalism if the damage to the | 4 |
| property exceeds $300.
| 5 |
| (N) A Class 3 felony violation of paragraph (1) of | 6 |
| subsection (a) of
Section 2 of the Firearm Owners | 7 |
| Identification Card Act.
| 8 |
| (O) A violation of Section 12-6.1 of the Criminal | 9 |
| Code of 1961.
| 10 |
| (P) A violation of paragraph (1), (2), (3), (4), | 11 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 12 |
| Criminal Code of 1961.
| 13 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 14 |
| Criminal Code of
1961.
| 15 |
| (R) A violation of Section 24-3A of the Criminal | 16 |
| Code of
1961.
| 17 |
| (S) (Blank).
| 18 |
| (T) A second or subsequent violation of the | 19 |
| Methamphetamine Control and Community Protection Act.
| 20 |
| (3) (Blank).
| 21 |
| (4) A minimum term of imprisonment of not less than 10
| 22 |
| consecutive days or 30 days of community service shall be | 23 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 24 |
| of the Illinois Vehicle Code.
| 25 |
| (4.1) (Blank).
| 26 |
| (4.2) Except as provided in paragraph (4.3) of this |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| subsection (c), a
minimum of
100 hours of community service | 2 |
| shall be imposed for a second violation of
Section 6-303
of | 3 |
| the Illinois Vehicle Code.
| 4 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 5 |
| hours of community
service, as determined by the court, | 6 |
| shall
be imposed for a second violation of subsection (c) | 7 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 8 |
| (4.4) Except as provided in paragraph (4.5) and | 9 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 10 |
| imprisonment of 30 days or 300 hours of community service, | 11 |
| as
determined by the court, shall
be imposed
for a third or | 12 |
| subsequent violation of Section 6-303 of the Illinois | 13 |
| Vehicle
Code.
| 14 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 15 |
| be imposed for a third violation of subsection (c) of
| 16 |
| Section 6-303 of the Illinois Vehicle Code.
| 17 |
| (4.6) A minimum term of imprisonment of 180 days shall | 18 |
| be imposed for a
fourth or subsequent violation of | 19 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 20 |
| Code.
| 21 |
| (5) The court may sentence an offender convicted of a | 22 |
| business
offense or a petty offense or a corporation or | 23 |
| unincorporated
association convicted of any offense to:
| 24 |
| (A) a period of conditional discharge;
| 25 |
| (B) a fine;
| 26 |
| (C) make restitution to the victim under Section |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| 5-5-6 of this Code.
| 2 |
| (5.1) In addition to any penalties imposed under | 3 |
| paragraph (5) of this
subsection (c), and except as | 4 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 5 |
| violating subsection (c) of Section 11-907 of the Illinois
| 6 |
| Vehicle Code shall have his or her driver's license, | 7 |
| permit, or privileges
suspended for at least 90 days but | 8 |
| not more than one year, if the violation
resulted in damage | 9 |
| to the property of another person.
| 10 |
| (5.2) In addition to any penalties imposed under | 11 |
| paragraph (5) of this
subsection (c), and except as | 12 |
| provided in paragraph (5.3), a person convicted
of | 13 |
| violating subsection (c) of Section 11-907 of the Illinois | 14 |
| Vehicle Code
shall have his or her driver's license, | 15 |
| permit, or privileges suspended for at
least 180 days but | 16 |
| not more than 2 years, if the violation resulted in injury
| 17 |
| to
another person.
| 18 |
| (5.3) In addition to any penalties imposed under | 19 |
| paragraph (5) of
this
subsection (c), a person convicted of | 20 |
| violating subsection (c) of Section
11-907 of the Illinois | 21 |
| Vehicle Code shall have his or her driver's license,
| 22 |
| permit, or privileges suspended for 2 years, if the | 23 |
| violation resulted in the
death of another person.
| 24 |
| (5.4) In addition to any penalties imposed under | 25 |
| paragraph (5) of this subsection (c), a person convicted of | 26 |
| violating Section 3-707 of the Illinois Vehicle Code shall |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| have his or her driver's license, permit, or privileges | 2 |
| suspended for 3 months and until he or she has paid a | 3 |
| reinstatement fee of $100. | 4 |
| (5.5) In addition to any penalties imposed under | 5 |
| paragraph (5) of this subsection (c), a person convicted of | 6 |
| violating Section 3-707 of the Illinois Vehicle Code during | 7 |
| a period in which his or her driver's license, permit, or | 8 |
| privileges were suspended for a previous violation of that | 9 |
| Section shall have his or her driver's license, permit, or | 10 |
| privileges suspended for an additional 6 months after the | 11 |
| expiration of the original 3-month suspension and until he | 12 |
| or she has paid a reinstatement fee of $100.
| 13 |
| (6) In no case shall an offender be eligible for a | 14 |
| disposition of
probation or conditional discharge for a | 15 |
| Class 1 felony committed while
he was serving a term of | 16 |
| probation or conditional discharge for a felony.
| 17 |
| (7) When a defendant is adjudged a habitual criminal | 18 |
| under Article
33B of the Criminal Code of 1961, the court | 19 |
| shall sentence
the defendant to a term of natural life | 20 |
| imprisonment.
| 21 |
| (8) When a defendant, over the age of 21 years, is | 22 |
| convicted of a
Class 1 or Class 2 felony, after having | 23 |
| twice been convicted
in any state or
federal court of an | 24 |
| offense that contains the same elements as an offense now
| 25 |
| classified in Illinois as a Class 2 or greater Class felony
| 26 |
| and such charges are
separately brought and tried and arise |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| out of different series of acts,
such defendant shall be | 2 |
| sentenced as a Class X offender. This paragraph
shall not | 3 |
| apply unless (1) the first felony was committed after the
| 4 |
| effective date of this amendatory Act of 1977; and (2) the | 5 |
| second felony
was committed after conviction on the first; | 6 |
| and (3) the third felony
was committed after conviction on | 7 |
| the second.
A person sentenced as a Class X offender under | 8 |
| this paragraph is not
eligible to apply for treatment as a | 9 |
| condition of probation as provided by
Section 40-10 of the | 10 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 11 |
| (9) A defendant convicted of a second or subsequent | 12 |
| offense of ritualized
abuse of a child may be sentenced to | 13 |
| a term of natural life imprisonment.
| 14 |
| (10) (Blank).
| 15 |
| (11) The court shall impose a minimum fine of $1,000 | 16 |
| for a first offense
and $2,000 for a second or subsequent | 17 |
| offense upon a person convicted of or
placed on supervision | 18 |
| for battery when the individual harmed was a sports
| 19 |
| official or coach at any level of competition and the act | 20 |
| causing harm to the
sports
official or coach occurred | 21 |
| within an athletic facility or within the immediate | 22 |
| vicinity
of the athletic facility at which the sports | 23 |
| official or coach was an active
participant
of the athletic | 24 |
| contest held at the athletic facility. For the purposes of
| 25 |
| this paragraph (11), "sports official" means a person at an | 26 |
| athletic contest
who enforces the rules of the contest, |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| such as an umpire or referee; "athletic facility" means an | 2 |
| indoor or outdoor playing field or recreational area where | 3 |
| sports activities are conducted;
and "coach" means a person | 4 |
| recognized as a coach by the sanctioning
authority that | 5 |
| conducted the sporting event. | 6 |
| (12) A person may not receive a disposition of court | 7 |
| supervision for a
violation of Section 5-16 of the Boat | 8 |
| Registration and Safety Act if that
person has previously | 9 |
| received a disposition of court supervision for a
violation | 10 |
| of that Section.
| 11 |
| (d) In any case in which a sentence originally imposed is | 12 |
| vacated,
the case shall be remanded to the trial court. The | 13 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 14 |
| Unified Code of Corrections
which may include evidence of the | 15 |
| defendant's life, moral character and
occupation during the | 16 |
| time since the original sentence was passed. The
trial court | 17 |
| shall then impose sentence upon the defendant. The trial
court | 18 |
| may impose any sentence which could have been imposed at the
| 19 |
| original trial subject to Section 5-5-4 of the Unified Code of | 20 |
| Corrections.
If a sentence is vacated on appeal or on | 21 |
| collateral attack due to the
failure of the trier of fact at | 22 |
| trial to determine beyond a reasonable doubt
the
existence of a | 23 |
| fact (other than a prior conviction) necessary to increase the
| 24 |
| punishment for the offense beyond the statutory maximum | 25 |
| otherwise applicable,
either the defendant may be re-sentenced | 26 |
| to a term within the range otherwise
provided or, if the State |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| files notice of its intention to again seek the
extended | 2 |
| sentence, the defendant shall be afforded a new trial.
| 3 |
| (e) In cases where prosecution for
aggravated criminal | 4 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 5 |
| results in conviction of a defendant
who was a family member of | 6 |
| the victim at the time of the commission of the
offense, the | 7 |
| court shall consider the safety and welfare of the victim and
| 8 |
| may impose a sentence of probation only where:
| 9 |
| (1) the court finds (A) or (B) or both are appropriate:
| 10 |
| (A) the defendant is willing to undergo a court | 11 |
| approved counseling
program for a minimum duration of 2 | 12 |
| years; or
| 13 |
| (B) the defendant is willing to participate in a | 14 |
| court approved plan
including but not limited to the | 15 |
| defendant's:
| 16 |
| (i) removal from the household;
| 17 |
| (ii) restricted contact with the victim;
| 18 |
| (iii) continued financial support of the | 19 |
| family;
| 20 |
| (iv) restitution for harm done to the victim; | 21 |
| and
| 22 |
| (v) compliance with any other measures that | 23 |
| the court may
deem appropriate; and
| 24 |
| (2) the court orders the defendant to pay for the | 25 |
| victim's counseling
services, to the extent that the court | 26 |
| finds, after considering the
defendant's income and |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| assets, that the defendant is financially capable of
paying | 2 |
| for such services, if the victim was under 18 years of age | 3 |
| at the
time the offense was committed and requires | 4 |
| counseling as a result of the
offense.
| 5 |
| Probation may be revoked or modified pursuant to Section | 6 |
| 5-6-4; except
where the court determines at the hearing that | 7 |
| the defendant violated a
condition of his or her probation | 8 |
| restricting contact with the victim or
other family members or | 9 |
| commits another offense with the victim or other
family | 10 |
| members, the court shall revoke the defendant's probation and
| 11 |
| impose a term of imprisonment.
| 12 |
| For the purposes of this Section, "family member" and | 13 |
| "victim" shall have
the meanings ascribed to them in Section | 14 |
| 12-12 of the Criminal Code of
1961.
| 15 |
| (f) This Article shall not deprive a court in other | 16 |
| proceedings to
order a forfeiture of property, to suspend or | 17 |
| cancel a license, to
remove a person from office, or to impose | 18 |
| any other civil penalty.
| 19 |
| (g) Whenever a defendant is convicted of an offense under | 20 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 21 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 22 |
| of the Criminal Code of 1961,
the defendant shall undergo | 23 |
| medical testing to
determine whether the defendant has any | 24 |
| sexually transmissible disease,
including a test for infection | 25 |
| with human immunodeficiency virus (HIV) or
any other identified | 26 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| Any such medical test shall be performed only by appropriately
| 2 |
| licensed medical practitioners and may include an analysis of | 3 |
| any bodily
fluids as well as an examination of the defendant's | 4 |
| person.
Except as otherwise provided by law, the results of | 5 |
| such test shall be kept
strictly confidential by all medical | 6 |
| personnel involved in the testing and must
be personally | 7 |
| delivered in a sealed envelope to the judge of the court in | 8 |
| which
the conviction was entered for the judge's inspection in | 9 |
| camera. Acting in
accordance with the best interests of the | 10 |
| victim and the public, the judge
shall have the discretion to | 11 |
| determine to whom, if anyone, the results of the
testing may be | 12 |
| revealed. The court shall notify the defendant
of the test | 13 |
| results. The court shall
also notify the victim if requested by | 14 |
| the victim, and if the victim is under
the age of 15 and if | 15 |
| requested by the victim's parents or legal guardian, the
court | 16 |
| shall notify the victim's parents or legal guardian of the test
| 17 |
| results.
The court shall provide information on the | 18 |
| availability of HIV testing
and counseling at Department of | 19 |
| Public Health facilities to all parties to
whom the results of | 20 |
| the testing are revealed and shall direct the State's
Attorney | 21 |
| to provide the information to the victim when possible.
A | 22 |
| State's Attorney may petition the court to obtain the results | 23 |
| of any HIV test
administered under this Section, and the court | 24 |
| shall grant the disclosure if
the State's Attorney shows it is | 25 |
| relevant in order to prosecute a charge of
criminal | 26 |
| transmission of HIV under Section 12-16.2 of the Criminal Code |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| of 1961
against the defendant. The court shall order that the | 2 |
| cost of any such test
shall be paid by the county and may be | 3 |
| taxed as costs against the convicted
defendant.
| 4 |
| (g-5) When an inmate is tested for an airborne communicable | 5 |
| disease, as
determined by the Illinois Department of Public | 6 |
| Health including but not
limited to tuberculosis, the results | 7 |
| of the test shall be
personally delivered by the warden or his | 8 |
| or her designee in a sealed envelope
to the judge of the court | 9 |
| in which the inmate must appear for the judge's
inspection in | 10 |
| camera if requested by the judge. Acting in accordance with the
| 11 |
| best interests of those in the courtroom, the judge shall have | 12 |
| the discretion
to determine what if any precautions need to be | 13 |
| taken to prevent transmission
of the disease in the courtroom.
| 14 |
| (h) Whenever a defendant is convicted of an offense under | 15 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 16 |
| defendant shall undergo
medical testing to determine whether | 17 |
| the defendant has been exposed to human
immunodeficiency virus | 18 |
| (HIV) or any other identified causative agent of
acquired | 19 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 20 |
| by
law, the results of such test shall be kept strictly | 21 |
| confidential by all
medical personnel involved in the testing | 22 |
| and must be personally delivered in a
sealed envelope to the | 23 |
| judge of the court in which the conviction was entered
for the | 24 |
| judge's inspection in camera. Acting in accordance with the | 25 |
| best
interests of the public, the judge shall have the | 26 |
| discretion to determine to
whom, if anyone, the results of the |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| testing may be revealed. The court shall
notify the defendant | 2 |
| of a positive test showing an infection with the human
| 3 |
| immunodeficiency virus (HIV). The court shall provide | 4 |
| information on the
availability of HIV testing and counseling | 5 |
| at Department of Public Health
facilities to all parties to | 6 |
| whom the results of the testing are revealed and
shall direct | 7 |
| the State's Attorney to provide the information to the victim | 8 |
| when
possible. A State's Attorney may petition the court to | 9 |
| obtain the results of
any HIV test administered under this | 10 |
| Section, and the court shall grant the
disclosure if the | 11 |
| State's Attorney shows it is relevant in order to prosecute a
| 12 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 13 |
| the Criminal
Code of 1961 against the defendant. The court | 14 |
| shall order that the cost of any
such test shall be paid by the | 15 |
| county and may be taxed as costs against the
convicted | 16 |
| defendant.
| 17 |
| (i) All fines and penalties imposed under this Section for | 18 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 19 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 20 |
| any violation
of the Child Passenger Protection Act, or a | 21 |
| similar provision of a local
ordinance, shall be collected and | 22 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 23 |
| of the Clerks of Courts Act.
| 24 |
| (j) In cases when prosecution for any violation of Section | 25 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 26 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
|
|
|
HB3477 |
- 28 - |
LRB095 09074 RLC 29266 b |
|
| 1 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 2 |
| Code of 1961, any violation of the Illinois Controlled | 3 |
| Substances Act,
any violation of the Cannabis Control Act, or | 4 |
| any violation of the Methamphetamine Control and Community | 5 |
| Protection Act results in conviction, a
disposition of court | 6 |
| supervision, or an order of probation granted under
Section 10 | 7 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 8 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 9 |
| Control and Community Protection Act of a defendant, the court | 10 |
| shall determine whether the
defendant is employed by a facility | 11 |
| or center as defined under the Child Care
Act of 1969, a public | 12 |
| or private elementary or secondary school, or otherwise
works | 13 |
| with children under 18 years of age on a daily basis. When a | 14 |
| defendant
is so employed, the court shall order the Clerk of | 15 |
| the Court to send a copy of
the judgment of conviction or order | 16 |
| of supervision or probation to the
defendant's employer by | 17 |
| certified mail.
If the employer of the defendant is a school, | 18 |
| the Clerk of the Court shall
direct the mailing of a copy of | 19 |
| the judgment of conviction or order of
supervision or probation | 20 |
| to the appropriate regional superintendent of schools.
The | 21 |
| regional superintendent of schools shall notify the State Board | 22 |
| of
Education of any notification under this subsection.
| 23 |
| (j-5) A defendant at least 17 years of age who is convicted | 24 |
| of a felony and
who has not been previously convicted of a | 25 |
| misdemeanor or felony and who is
sentenced to a term of | 26 |
| imprisonment in the Illinois Department of Corrections
shall as |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| a condition of his or her sentence be required by the court to | 2 |
| attend
educational courses designed to prepare the defendant | 3 |
| for a high school diploma
and to work toward a high school | 4 |
| diploma or to work toward passing the high
school level Test of | 5 |
| General Educational Development (GED) or to work toward
| 6 |
| completing a vocational training program offered by the | 7 |
| Department of
Corrections. If a defendant fails to complete the | 8 |
| educational training
required by his or her sentence during the | 9 |
| term of incarceration, the Prisoner
Review Board shall, as a | 10 |
| condition of mandatory supervised release, require the
| 11 |
| defendant, at his or her own expense, to pursue a course of | 12 |
| study toward a high
school diploma or passage of the GED test. | 13 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 14 |
| release of a defendant who wilfully fails to
comply with this | 15 |
| subsection (j-5) upon his or her release from confinement in a
| 16 |
| penal institution while serving a mandatory supervised release | 17 |
| term; however,
the inability of the defendant after making a | 18 |
| good faith effort to obtain
financial aid or pay for the | 19 |
| educational training shall not be deemed a wilful
failure to | 20 |
| comply. The Prisoner Review Board shall recommit the defendant
| 21 |
| whose mandatory supervised release term has been revoked under | 22 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 23 |
| subsection (j-5) does not apply to a
defendant who has a high | 24 |
| school diploma or has successfully passed the GED
test. This | 25 |
| subsection (j-5) does not apply to a defendant who is | 26 |
| determined by
the court to be developmentally disabled or |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| otherwise mentally incapable of
completing the educational or | 2 |
| vocational program.
| 3 |
| (k) A court may not impose a sentence or disposition for a
| 4 |
| felony or misdemeanor that requires the defendant to be | 5 |
| implanted or injected
with or to use any form of birth control.
| 6 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 7 |
| (l), whenever a defendant,
who is an alien as defined by | 8 |
| the Immigration and Nationality Act, is convicted
of any | 9 |
| felony or misdemeanor offense, the court after sentencing | 10 |
| the defendant
may, upon motion of the State's Attorney, | 11 |
| hold sentence in abeyance and remand
the defendant to the | 12 |
| custody of the Attorney General of
the United States or his | 13 |
| or her designated agent to be deported when:
| 14 |
| (1) a final order of deportation has been issued | 15 |
| against the defendant
pursuant to proceedings under | 16 |
| the Immigration and Nationality Act, and
| 17 |
| (2) the deportation of the defendant would not | 18 |
| deprecate the seriousness
of the defendant's conduct | 19 |
| and would not be inconsistent with the ends of
justice.
| 20 |
| Otherwise, the defendant shall be sentenced as | 21 |
| provided in this Chapter V.
| 22 |
| (B) If the defendant has already been sentenced for a | 23 |
| felony or
misdemeanor
offense, or has been placed on | 24 |
| probation under Section 10 of the Cannabis
Control Act,
| 25 |
| Section 410 of the Illinois Controlled Substances Act, or | 26 |
| Section 70 of the Methamphetamine Control and Community |
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
| Protection Act, the court
may, upon motion of the State's | 2 |
| Attorney to suspend the
sentence imposed, commit the | 3 |
| defendant to the custody of the Attorney General
of the | 4 |
| United States or his or her designated agent when:
| 5 |
| (1) a final order of deportation has been issued | 6 |
| against the defendant
pursuant to proceedings under | 7 |
| the Immigration and Nationality Act, and
| 8 |
| (2) the deportation of the defendant would not | 9 |
| deprecate the seriousness
of the defendant's conduct | 10 |
| and would not be inconsistent with the ends of
justice.
| 11 |
| (C) This subsection (l) does not apply to offenders who | 12 |
| are subject to the
provisions of paragraph (2) of | 13 |
| subsection (a) of Section 3-6-3.
| 14 |
| (D) Upon motion of the State's Attorney, if a defendant | 15 |
| sentenced under
this Section returns to the jurisdiction of | 16 |
| the United States, the defendant
shall be recommitted to | 17 |
| the custody of the county from which he or she was
| 18 |
| sentenced.
Thereafter, the defendant shall be brought | 19 |
| before the sentencing court, which
may impose any sentence | 20 |
| that was available under Section 5-5-3 at the time of
| 21 |
| initial sentencing. In addition, the defendant shall not be | 22 |
| eligible for
additional good conduct credit for | 23 |
| meritorious service as provided under
Section 3-6-6.
| 24 |
| (m) A person convicted of criminal defacement of property | 25 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 26 |
| property damage exceeds $300
and the property damaged is a |
|
|
|
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|
| 1 |
| school building, shall be ordered to perform
community service | 2 |
| that may include cleanup, removal, or painting over the
| 3 |
| defacement.
| 4 |
| (n) The court may sentence a person convicted of a | 5 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 6 |
| Code of 1961 (i) to an impact
incarceration program if the | 7 |
| person is otherwise eligible for that program
under Section | 8 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 9 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 10 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 11 |
| program licensed under that
Act. | 12 |
| (o) Whenever a person is convicted of a sex offense as | 13 |
| defined in Section 2 of the Sex Offender Registration Act, the | 14 |
| defendant's driver's license or permit shall be subject to | 15 |
| renewal on an annual basis in accordance with the provisions of | 16 |
| license renewal established by the Secretary of State.
| 17 |
| (p) Any person convicted of an aggravated offense under | 18 |
| paragraph (22) of Section 5-5-3.2 of this Code, in addition to
| 19 |
| any other disposition, penalty, or fine imposed shall pay an | 20 |
| additional
fine of $200. | 21 |
| (1) The Internet Predator Investigation and | 22 |
| Prosecution Fund is hereby
created as a special fund in the | 23 |
| State treasury. | 24 |
| (2) All fees collected by the clerk of the court under | 25 |
| this Section shall be forwarded to the Internet Predator | 26 |
| Investigation and Prosecution
Fund for deposit. The clerk |
|
|
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| 1 |
| of the circuit court may retain $10 from
each collected | 2 |
| fine to offset administrative costs incurred in carrying
| 3 |
| out the clerk's responsibilities under this paragraph (p). | 4 |
| (3) Fees deposited into the Internet Predator | 5 |
| Investigation and
Prosecution Fund shall be used by the | 6 |
| Illinois Child Exploitation Task
Force to assist in the | 7 |
| training, investigation, and prosecution of
Internet | 8 |
| crime.
| 9 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 10 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 11 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 12 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 13 |
| eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | 14 |
| revised 8-28-06.)
| 15 |
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| 16 |
| Sec. 5-5-3.2. Factors in Aggravation.
| 17 |
| (a) The following factors shall be accorded weight in favor | 18 |
| of
imposing a term of imprisonment or may be considered by the | 19 |
| court as reasons
to impose a more severe sentence under Section | 20 |
| 5-8-1:
| 21 |
| (1) the defendant's conduct caused or threatened | 22 |
| serious harm;
| 23 |
| (2) the defendant received compensation for committing | 24 |
| the offense;
| 25 |
| (3) the defendant has a history of prior delinquency or |
|
|
|
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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 | 7 |
| offense,
and the offense related to the conduct of that | 8 |
| office;
| 9 |
| (6) the defendant utilized his professional reputation | 10 |
| or
position in the community to commit the offense, or to | 11 |
| afford
him an easier means of committing it;
| 12 |
| (7) the sentence is necessary to deter others from | 13 |
| 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;
| 16 |
| (9) the defendant committed the offense against a | 17 |
| person who is
physically handicapped or such person's | 18 |
| property;
| 19 |
| (10) by reason of another individual's actual or | 20 |
| perceived race, color,
creed, religion, ancestry, gender, | 21 |
| 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) | 24 |
| 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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| (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;
| 5 |
| (11) the offense took place in a place of worship or on | 6 |
| 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;
| 11 |
| (12) the defendant was convicted of a felony committed | 12 |
| 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,
| 16 |
| conditional discharge, or mandatory supervised release | 17 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 18 |
| (13) the defendant committed or attempted to commit a | 19 |
| 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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| relation to a victim under 18 years of age, and the | 2 |
| 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
| 5 |
| against
that victim;
| 6 |
| (15) the defendant committed an offense related to the | 7 |
| 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;
| 11 |
| (16) the defendant committed an offense in violation of | 12 |
| one of the
following Sections while in a school, regardless | 13 |
| 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 | 17 |
| 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,
| 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 |
| (16.5) the defendant committed an offense in violation | 23 |
| 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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|
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| 1,000 feet of the real property comprising any day care | 2 |
| center,
regardless of the time of day or time of year:
| 3 |
| 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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|
| 1 |
| 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 | 9 |
| 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 ;
. | 16 |
| (22) the defendant used electronic communications to | 17 |
| persuade, induce, entice, or coerce any individual, to | 18 |
| engage in criminal activity
or lured him or her to or away | 19 |
| from a location with the intent to commit any
offense in | 20 |
| which the person being lured became a victim as a result.
| 21 |
| For the purposes of this paragraph (22), "electronic | 22 |
| communication" means any transfer of signs, signals,
| 23 |
| writings, sounds, data, or intelligence of any nature | 24 |
| transmitted in
whole or in part by a wire, radio, | 25 |
| electromagnetic, photoelectric, or
photo-optical system; | 26 |
| and "electronic communication" includes
transmissions by a |
|
|
|
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|
| 1 |
| computer through the Internet to another computer; | 2 |
| (23) the defendant committed an offense under | 3 |
| paragraph (a)(1)(i) or
(a) (1)(vi) of Section 11-20.1 of | 4 |
| the Criminal Code of 1961; or | 5 |
| (24) the defendant committed any offense under Section | 6 |
| 11-20.1 of the Criminal Code of 1961 and
possessed 100 or | 7 |
| more images.
| 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 |
|
|
|
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|
| 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 |
|
|
|
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|
| 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 |
|
|
|
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LRB095 09074 RLC 29266 b |
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| 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 |
|
|
|
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|
| 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 |
|
|
|
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|
| 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 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 9 |
| eff. 9-11-05; 94-819, eff. 5-31-06.)
|
|
|
|
HB3477 |
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LRB095 09074 RLC 29266 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 20 ILCS 2605/2605-560 new |
|
| 4 |
| 30 ILCS 105/5.675 new |
|
| 5 |
| 720 ILCS 5/11-25 new |
|
| 6 |
| 720 ILCS 5/16D-5.4 was 720 | 7 |
| ILCS 5/11-23 |
|
| 8 |
| 720 ILCS 5/16D-5.5 new |
|
| 9 |
| 720 ILCS 5/16D-5.6 new |
|
| 10 |
| 720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
| 11 |
| 730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
| 12 |
| 730 ILCS 5/5-5-3.2 |
from Ch. 38, par. 1005-5-3.2 |
| |
|