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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Sections 12-2, 12-4, 12-4.6, 12-14, 12-16, 12-21, 16-1, 16-1.3, | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 16G-20, 18-1, and 18-4 as follows:
| ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 12-2. Aggravated assault.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (a) A person commits an aggravated assault, when, in | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | committing an
assault, he:
| ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (1) Uses a deadly weapon or any device manufactured and | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | designed to be
substantially similar in appearance to a | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | firearm, other than by
discharging a firearm in the | ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | direction of another person, a peace
officer, a person | ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | summoned or directed by a peace officer, a correctional
| ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | officer or a fireman or in the direction of a vehicle | ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | occupied by another
person, a peace officer, a person | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | summoned or directed by a peace officer,
a correctional | ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | officer or a fireman while the officer or fireman is
| ||||||||||||||||||||||||||||||||||||||||||||||||||
20 | engaged in the execution of any of his official duties, or | ||||||||||||||||||||||||||||||||||||||||||||||||||
21 | to prevent the
officer or fireman from performing his | ||||||||||||||||||||||||||||||||||||||||||||||||||
22 | official duties, or in retaliation
for the officer or | ||||||||||||||||||||||||||||||||||||||||||||||||||
23 | fireman performing his official duties;
|
| |||||||
| |||||||
1 | (2) Is hooded, robed or masked in such manner as to | ||||||
2 | conceal his
identity or any device manufactured and | ||||||
3 | designed to be substantially
similar in appearance to a | ||||||
4 | firearm;
| ||||||
5 | (3) Knows the individual assaulted to be a teacher or | ||||||
6 | other person
employed in any school and such teacher or | ||||||
7 | other employee is upon the
grounds of a school or grounds | ||||||
8 | adjacent thereto, or is in any part of a
building used for | ||||||
9 | school purposes;
| ||||||
10 | (4) Knows the individual assaulted to be a supervisor, | ||||||
11 | director,
instructor or other person employed in any park | ||||||
12 | district and such
supervisor, director, instructor or | ||||||
13 | other employee is upon the grounds of
the park or grounds | ||||||
14 | adjacent thereto, or is in any part of a building used
for | ||||||
15 | park purposes;
| ||||||
16 | (5) Knows the individual assaulted to be a caseworker, | ||||||
17 | investigator, or
other person employed by the Department of | ||||||
18 | Healthcare and Family Services (formerly State Department | ||||||
19 | of Public Aid ) , a
County
Department of Public Aid, or the | ||||||
20 | Department of Human Services (acting as
successor to the | ||||||
21 | Illinois Department of Public Aid under the Department of
| ||||||
22 | Human Services Act) and such caseworker, investigator, or | ||||||
23 | other person
is upon the grounds of a public aid office or | ||||||
24 | grounds adjacent thereto, or
is in any part of a building | ||||||
25 | used for public aid purposes, or upon the
grounds of a home | ||||||
26 | of a public aid applicant, recipient or any other person
|
| |||||||
| |||||||
1 | being interviewed or investigated in the employees' | ||||||
2 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
3 | is in any part of a building in
which the applicant, | ||||||
4 | recipient, or other such person resides or is located;
| ||||||
5 | (6) Knows the individual assaulted to be a peace | ||||||
6 | officer, or a community
policing volunteer, or a fireman
| ||||||
7 | while the officer or fireman is engaged in the execution of | ||||||
8 | any of his
official duties, or to prevent the officer, | ||||||
9 | community policing volunteer,
or fireman from performing
| ||||||
10 | his official duties, or in retaliation for the officer, | ||||||
11 | community policing
volunteer, or fireman
performing his | ||||||
12 | official duties, and the assault is committed other than by
| ||||||
13 | the discharge of a firearm in the direction of the officer | ||||||
14 | or fireman or
in the direction of a vehicle occupied by the | ||||||
15 | officer or fireman;
| ||||||
16 | (7) Knows the individual assaulted to be
an emergency | ||||||
17 | medical technician - ambulance, emergency medical
| ||||||
18 | technician - intermediate, emergency medical technician - | ||||||
19 | paramedic, ambulance
driver or other medical
assistance or | ||||||
20 | first aid personnel engaged in the
execution of any of his | ||||||
21 | official duties, or to prevent the
emergency medical | ||||||
22 | technician - ambulance, emergency medical
technician - | ||||||
23 | intermediate, emergency medical technician - paramedic,
| ||||||
24 | ambulance driver, or other medical assistance or first aid | ||||||
25 | personnel from
performing his official duties, or in | ||||||
26 | retaliation for the
emergency medical technician - |
| |||||||
| |||||||
1 | ambulance, emergency medical
technician - intermediate, | ||||||
2 | emergency medical technician - paramedic,
ambulance | ||||||
3 | driver, or other medical assistance or first aid personnel
| ||||||
4 | performing his official duties;
| ||||||
5 | (8) Knows the individual assaulted to be the driver, | ||||||
6 | operator, employee
or passenger of any transportation | ||||||
7 | facility or system engaged in the
business of | ||||||
8 | transportation of the public for hire and the individual
| ||||||
9 | assaulted is then performing in such capacity or then using | ||||||
10 | such public
transportation as a passenger or using any area | ||||||
11 | of any description
designated by the transportation | ||||||
12 | facility or system as a vehicle boarding,
departure, or | ||||||
13 | transfer location;
| ||||||
14 | (9) Or the individual assaulted is on or about a public | ||||||
15 | way, public
property, or public place of accommodation or | ||||||
16 | amusement;
| ||||||
17 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
18 | publicly or privately owned sports or entertainment arena, | ||||||
19 | stadium, community or convention hall, special event | ||||||
20 | center, amusement facility, or a special event center in a | ||||||
21 | public park during any 24-hour period when a professional | ||||||
22 | sporting event, National Collegiate Athletic Association | ||||||
23 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
24 | Committee-sanctioned sporting event, or International | ||||||
25 | Olympic Committee-sanctioned sporting event is taking | ||||||
26 | place in this venue;
|
| |||||||
| |||||||
1 | (10) Knows the individual assaulted to be an employee | ||||||
2 | of the State of
Illinois, a municipal corporation therein | ||||||
3 | or a political subdivision
thereof, engaged in the | ||||||
4 | performance of his authorized duties as such
employee;
| ||||||
5 | (11) Knowingly and without legal justification, | ||||||
6 | commits an assault on
a physically handicapped person;
| ||||||
7 | (12) Knowingly and without legal justification, | ||||||
8 | commits an assault on a
person 60 years of age or older;
| ||||||
9 | (13) Discharges a firearm;
| ||||||
10 | (14) Knows the individual assaulted to be a | ||||||
11 | correctional officer, while
the officer is engaged in the | ||||||
12 | execution of any of his or her official duties,
or to | ||||||
13 | prevent the officer from performing his or her official | ||||||
14 | duties, or in
retaliation for the officer performing his or | ||||||
15 | her official duties;
| ||||||
16 | (15) Knows the individual assaulted to be a | ||||||
17 | correctional employee or
an employee of the Department of | ||||||
18 | Human Services supervising or controlling
sexually | ||||||
19 | dangerous persons or sexually violent persons, while
the | ||||||
20 | employee is engaged in the execution of any of his or her | ||||||
21 | official duties,
or to prevent the employee from performing | ||||||
22 | his or her official duties, or in
retaliation for the | ||||||
23 | employee performing his or her official duties, and the
| ||||||
24 | assault is committed other than by the discharge of a | ||||||
25 | firearm in the direction
of the employee or in the | ||||||
26 | direction of a vehicle occupied by the employee;
|
| |||||||
| |||||||
1 | (16) Knows the individual assaulted to be an employee | ||||||
2 | of a police or
sheriff's department engaged in the | ||||||
3 | performance of his or her official duties
as such employee; | ||||||
4 | or
| ||||||
5 | (17) Knows the individual assaulted to be a sports | ||||||
6 | official or coach at any level of competition and the act | ||||||
7 | causing the assault to the sports official or coach | ||||||
8 | occurred within an athletic facility or an indoor or | ||||||
9 | outdoor playing field or within the immediate vicinity of | ||||||
10 | the athletic facility or an indoor or outdoor playing field | ||||||
11 | at which the sports official or coach was an active | ||||||
12 | participant in the athletic contest held at the athletic | ||||||
13 | facility. For the purposes of this paragraph (17), "sports | ||||||
14 | official" means a person at an athletic contest who | ||||||
15 | enforces the rules of the contest, such as an umpire or | ||||||
16 | referee; and "coach" means a person recognized as a coach | ||||||
17 | by the sanctioning authority that conducted the athletic | ||||||
18 | contest ; or .
| ||||||
19 | (18) Knows the individual assaulted to be an emergency | ||||||
20 | management
worker, while the emergency management worker | ||||||
21 | is engaged in the execution of
any of his or her official | ||||||
22 | duties,
or to prevent the emergency management worker from | ||||||
23 | performing his or her
official duties, or in retaliation | ||||||
24 | for the emergency management worker
performing his or her | ||||||
25 | official duties, and the assault is committed other than
by | ||||||
26 | the discharge of a firearm in the direction of the |
| |||||||
| |||||||
1 | emergency management
worker or in the direction of a | ||||||
2 | vehicle occupied by the emergency management
worker.
| ||||||
3 | (a-5) A person commits an aggravated assault when he or she | ||||||
4 | knowingly and
without lawful justification shines or flashes a | ||||||
5 | laser gunsight or other laser
device that is attached or | ||||||
6 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
7 | that the laser beam strikes near or in the immediate vicinity | ||||||
8 | of
any person.
| ||||||
9 | (b) Sentence.
| ||||||
10 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
11 | and (8) through
(11)
(12) and (17) of subsection (a) of this | ||||||
12 | Section is a Class A misdemeanor. Aggravated
assault as defined | ||||||
13 | in paragraphs (12), (13), (14), and (15) of subsection (a) of | ||||||
14 | this
Section and as defined in subsection (a-5) of this Section | ||||||
15 | is a Class 4
felony. Aggravated assault as defined in | ||||||
16 | paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | ||||||
17 | Section is a Class A misdemeanor if a firearm is not
used in | ||||||
18 | the commission of the assault. Aggravated assault as defined in
| ||||||
19 | paragraphs (6), (7), (16), and (18) of subsection (a) of this
| ||||||
20 | Section is a Class 4 felony if a firearm is used in the | ||||||
21 | commission of the
assault.
| ||||||
22 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
23 | eff. 1-1-06; revised 12-15-05.)
| ||||||
24 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||
25 | Sec. 12-4. Aggravated Battery.
|
| |||||||
| |||||||
1 | (a) A person who, in committing a battery, intentionally or | ||||||
2 | knowingly
causes great bodily harm, or permanent disability or | ||||||
3 | disfigurement commits
aggravated battery.
| ||||||
4 | (b) In committing a battery, a person commits aggravated | ||||||
5 | battery if he or
she:
| ||||||
6 | (1) Uses a deadly weapon other than by the discharge of | ||||||
7 | a firearm;
| ||||||
8 | (2) Is hooded, robed or masked, in such manner as to | ||||||
9 | conceal his
identity;
| ||||||
10 | (3) Knows the individual harmed to be a teacher or | ||||||
11 | other person
employed in any school and such teacher or | ||||||
12 | other employee is upon the
grounds of a school or grounds | ||||||
13 | adjacent thereto, or is in any part of a
building used for | ||||||
14 | school purposes;
| ||||||
15 | (4) (Blank);
| ||||||
16 | (5) (Blank);
| ||||||
17 | (6) Knows the individual harmed to be a community
| ||||||
18 | policing volunteer while
such volunteer is engaged in the | ||||||
19 | execution of
any official duties, or to prevent the | ||||||
20 | volunteer from performing official duties, or in
| ||||||
21 | retaliation for the volunteer performing official
duties, | ||||||
22 | and the battery is committed other than by the discharge of | ||||||
23 | a firearm;
| ||||||
24 | (7) Knows the individual harmed to be an emergency | ||||||
25 | medical technician -
ambulance, emergency medical | ||||||
26 | technician - intermediate, emergency medical
technician - |
| |||||||
| |||||||
1 | paramedic, ambulance driver, other medical assistance, | ||||||
2 | first
aid personnel, or hospital personnel engaged in the
| ||||||
3 | performance of any of his or her official duties,
or to | ||||||
4 | prevent the emergency medical technician - ambulance, | ||||||
5 | emergency medical
technician - intermediate, emergency | ||||||
6 | medical technician - paramedic, ambulance
driver, other | ||||||
7 | medical assistance, first aid personnel, or
hospital | ||||||
8 | personnel from performing
official duties, or in | ||||||
9 | retaliation for performing official duties;
| ||||||
10 | (8) Is, or the person battered is, on or about a public | ||||||
11 | way, public
property or public place of accommodation or | ||||||
12 | amusement;
| ||||||
13 | (8.5) Is, or the person battered is, on a publicly or | ||||||
14 | privately owned sports or entertainment arena, stadium, | ||||||
15 | community or convention hall, special event center, | ||||||
16 | amusement facility, or a special event center in a public | ||||||
17 | park during any 24-hour period when a professional sporting | ||||||
18 | event, National Collegiate Athletic Association | ||||||
19 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
20 | Committee-sanctioned sporting event, or International | ||||||
21 | Olympic Committee-sanctioned sporting event is taking | ||||||
22 | place in this venue;
| ||||||
23 | (9) Knows the individual harmed to be the driver, | ||||||
24 | operator, employee
or passenger of any transportation | ||||||
25 | facility or system engaged in the
business of | ||||||
26 | transportation of the public for hire and the individual
|
| |||||||
| |||||||
1 | assaulted is then performing in such capacity or then using | ||||||
2 | such public
transportation as a passenger or using any area | ||||||
3 | of any description
designated by the transportation | ||||||
4 | facility or system as a vehicle
boarding, departure, or | ||||||
5 | transfer location;
| ||||||
6 | (10) Knows the individual harmed to be an individual of | ||||||
7 | 60 years of age or older;
| ||||||
8 | (11) Knows the individual harmed is pregnant;
| ||||||
9 | (12) Knows the individual harmed to be a judge whom the
| ||||||
10 | person intended to harm as a result of the judge's | ||||||
11 | performance of his or
her official duties as a judge;
| ||||||
12 | (13) (Blank);
| ||||||
13 | (14) Knows the individual harmed to be a person who is | ||||||
14 | physically
handicapped;
| ||||||
15 | (15) Knowingly and without legal justification and by | ||||||
16 | any means causes
bodily harm to a merchant who detains the | ||||||
17 | person for an alleged commission of
retail theft under | ||||||
18 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
19 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
20 | Code;
| ||||||
21 | (16) Is, or the person battered is, in any building or | ||||||
22 | other structure
used to provide shelter or other services | ||||||
23 | to victims or to the dependent
children of victims of | ||||||
24 | domestic violence pursuant to the Illinois Domestic
| ||||||
25 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
26 | or the person
battered is within 500 feet of such a |
| |||||||
| |||||||
1 | building or other structure while going
to or from such a | ||||||
2 | building or other structure. "Domestic violence" has the
| ||||||
3 | meaning ascribed to it in Section 103 of the Illinois | ||||||
4 | Domestic Violence Act of
1986. "Building or other structure | ||||||
5 | used to provide shelter" has the meaning
ascribed to | ||||||
6 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
7 | Act;
| ||||||
8 | (17) (Blank); or
| ||||||
9 | (18) Knows the individual harmed to be an officer or | ||||||
10 | employee of the State of Illinois, a unit of local | ||||||
11 | government, or school district engaged in the performance | ||||||
12 | of his or her authorized duties as such officer or | ||||||
13 | employee ; or .
| ||||||
14 | (19)
(18) Knows the individual harmed to be an | ||||||
15 | emergency management worker
engaged in the performance of | ||||||
16 | any of his or her official duties, or to prevent
the | ||||||
17 | emergency management worker from performing official | ||||||
18 | duties, or in
retaliation for the emergency management | ||||||
19 | worker performing official duties.
| ||||||
20 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
21 | Section, a
physically handicapped person is a person who | ||||||
22 | suffers from a permanent and
disabling physical | ||||||
23 | characteristic, resulting from disease, injury,
functional | ||||||
24 | disorder or congenital condition.
| ||||||
25 | (c) A person who administers to an individual or causes him | ||||||
26 | to take,
without his consent or by threat or deception, and for |
| |||||||
| |||||||
1 | other than
medical purposes, any intoxicating, poisonous, | ||||||
2 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
3 | commits aggravated battery.
| ||||||
4 | (d) A person who knowingly gives to another person any food | ||||||
5 | that
contains any substance or object that is intended to cause | ||||||
6 | physical
injury if eaten, commits aggravated battery.
| ||||||
7 | (d-3) A person commits aggravated battery when he or she | ||||||
8 | knowingly and
without lawful justification shines or flashes a | ||||||
9 | laser gunsight or other laser
device that is attached or | ||||||
10 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
11 | that the laser beam strikes upon or against the person of | ||||||
12 | another.
| ||||||
13 | (d-5) An inmate of a penal institution or a sexually | ||||||
14 | dangerous person or a
sexually violent person in the custody of | ||||||
15 | the Department of Human Services
who causes or attempts to | ||||||
16 | cause a
correctional employee of the penal institution or an | ||||||
17 | employee of the
Department of Human Services to come into | ||||||
18 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
19 | throwing, tossing, or expelling that fluid
or material commits | ||||||
20 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
21 | "correctional employee" means a person who is employed by a | ||||||
22 | penal institution.
| ||||||
23 | (e) Sentence.
| ||||||
24 | (1) Except as otherwise provided in paragraphs (2) ,
and
| ||||||
25 | (3), and (4) aggravated battery is a Class 3 felony. | ||||||
26 | (2) Aggravated battery that does not cause great bodily |
| |||||||
| |||||||
1 | harm or permanent disability or disfigurement is a Class 2 | ||||||
2 | felony when the person knows
the individual harmed to be a | ||||||
3 | peace officer, a community
policing volunteer, a | ||||||
4 | correctional institution employee, an
employee of the | ||||||
5 | Department of Human Services supervising or
controlling | ||||||
6 | sexually dangerous persons or sexually violent
persons, or | ||||||
7 | a fireman while such officer, volunteer, employee,
or | ||||||
8 | fireman is engaged in the execution of any official duties
| ||||||
9 | including arrest or attempted arrest, or to prevent the
| ||||||
10 | officer, volunteer, employee, or fireman from performing
| ||||||
11 | official duties, or in retaliation for the officer, | ||||||
12 | volunteer,
employee, or fireman performing official | ||||||
13 | duties, and the
battery is committed other than by the | ||||||
14 | discharge of a firearm.
| ||||||
15 | (3) Aggravated battery that causes great bodily harm or | ||||||
16 | permanent disability or disfigurement in
violation of | ||||||
17 | subsection (a)
is a Class 1 felony when the person knows | ||||||
18 | the individual harmed to be a peace
officer, a community
| ||||||
19 | policing volunteer, a correctional institution employee, | ||||||
20 | an employee
of the Department of Human Services supervising | ||||||
21 | or controlling sexually
dangerous persons or sexually | ||||||
22 | violent persons, or a fireman while
such officer, | ||||||
23 | volunteer, employee, or fireman is engaged in the execution | ||||||
24 | of
any official duties including arrest or attempted | ||||||
25 | arrest, or to prevent the
officer, volunteer, employee, or | ||||||
26 | fireman from performing official duties, or in
retaliation |
| |||||||
| |||||||
1 | for the officer, volunteer, employee, or fireman | ||||||
2 | performing official
duties, and the battery is committed | ||||||
3 | other than by the discharge of a firearm .
| ||||||
4 | (4) Aggravated battery of an individual whom the | ||||||
5 | defendant knows to be 60 years of age or older is a Class 2 | ||||||
6 | felony.
| ||||||
7 | (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | ||||||
8 | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | ||||||
9 | 94-482, eff. 1-1-06; revised 8-19-05.)
| ||||||
10 | (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
| ||||||
11 | Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A | ||||||
12 | person
who, in committing battery, intentionally or knowingly | ||||||
13 | causes great bodily
harm or permanent disability or | ||||||
14 | disfigurement to an individual of 60 years
of age or older | ||||||
15 | commits aggravated battery of a senior citizen.
| ||||||
16 | (b) Sentence. Aggravated battery of a senior citizen is a | ||||||
17 | Class 1
2 felony.
| ||||||
18 | (Source: P.A. 85-1177.)
| ||||||
19 | (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
| ||||||
20 | Sec. 12-14. Aggravated Criminal Sexual Assault.
| ||||||
21 | (a) The accused commits
aggravated criminal sexual assault | ||||||
22 | if he or she commits criminal sexual
assault and any of the | ||||||
23 | following aggravating circumstances existed during, or
for the | ||||||
24 | purposes of paragraph (7) of this subsection (a)
as part of the |
| |||||||
| |||||||
1 | same course of conduct as, the commission of the offense:
| ||||||
2 | (1) the accused displayed, threatened to use, or used a | ||||||
3 | dangerous
weapon, other than a firearm, or any object | ||||||
4 | fashioned or utilized in such a
manner as to lead the | ||||||
5 | victim under the circumstances reasonably to believe it
to | ||||||
6 | be a dangerous weapon; or
| ||||||
7 | (2) the accused caused bodily harm, except as provided | ||||||
8 | in subsection
(a)(10), to the victim; or
| ||||||
9 | (3) the accused acted in such a manner as to threaten | ||||||
10 | or endanger the
life of the victim or any other person; or
| ||||||
11 | (4) the criminal sexual assault was perpetrated during | ||||||
12 | the course of
the commission or attempted commission of any | ||||||
13 | other felony by the accused; or
| ||||||
14 | (5) the victim was 60 years of age or over when the | ||||||
15 | offense was committed;
or
| ||||||
16 | (6) the victim was a physically handicapped person; or
| ||||||
17 | (7) the accused delivered (by injection, inhalation, | ||||||
18 | ingestion, transfer
of possession, or any other means) to | ||||||
19 | the victim without his or her consent, or
by threat or | ||||||
20 | deception, and for other than medical purposes, any | ||||||
21 | controlled
substance; or
| ||||||
22 | (8) the accused was armed with a firearm; or
| ||||||
23 | (9) the accused personally discharged a firearm during | ||||||
24 | the commission of
the offense; or
| ||||||
25 | (10) the accused, during the commission of the offense, | ||||||
26 | personally
discharged a firearm that proximately caused |
| |||||||
| |||||||
1 | great bodily harm, permanent
disability, permanent | ||||||
2 | disfigurement, or death to another person.
| ||||||
3 | (b) The accused commits aggravated criminal sexual assault | ||||||
4 | if
the accused was under 17 years of age and (i) commits an act | ||||||
5 | of
sexual penetration with a victim who was under 9 years of | ||||||
6 | age when the act
was committed; or (ii) commits an act of | ||||||
7 | sexual penetration with a victim
who was at least 9 years of | ||||||
8 | age but under 13 years of age when the act was
committed and | ||||||
9 | the accused used force or threat of force to commit the act.
| ||||||
10 | (c) The accused commits aggravated criminal sexual assault | ||||||
11 | if he or
she commits an act of sexual penetration with a victim | ||||||
12 | who was a severely or
profoundly mentally retarded person at | ||||||
13 | the
time the act was committed.
| ||||||
14 | (d) Sentence.
| ||||||
15 | (1) Aggravated criminal sexual assault in violation of | ||||||
16 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
17 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
18 | felony.
Aggravated criminal sexual assault in violation of | ||||||
19 | paragraph
(5) of subsection (a) is a Class X felony for | ||||||
20 | which the offender shall be sentenced to an extended term | ||||||
21 | sentence under Section 5-8-2 of the Unified Code of | ||||||
22 | Corrections. A violation of subsection (a)(1) is a Class X | ||||||
23 | felony for which 10 years shall
be added to the term of | ||||||
24 | imprisonment imposed by the court. A violation of
| ||||||
25 | subsection (a)(8) is a Class X felony for which 15 years | ||||||
26 | shall be added to the
term of imprisonment imposed by the |
| |||||||
| |||||||
1 | court. A violation of
subsection (a)(9) is a Class X felony | ||||||
2 | for which 20 years shall be added to the
term of | ||||||
3 | imprisonment imposed by the court. A violation of | ||||||
4 | subsection (a)(10) is
a Class X felony for which 25 years | ||||||
5 | or up to a term of natural life
imprisonment shall be added | ||||||
6 | to
the term of imprisonment imposed by the court.
| ||||||
7 | (2) A person who is convicted of a second or subsequent | ||||||
8 | offense of
aggravated criminal sexual assault, or who is | ||||||
9 | convicted of the offense of
aggravated
criminal sexual | ||||||
10 | assault after having previously been convicted of the | ||||||
11 | offense
of criminal sexual assault or the offense of | ||||||
12 | predatory criminal sexual assault
of a child, or who is | ||||||
13 | convicted of the offense of aggravated criminal sexual
| ||||||
14 | assault after having previously been convicted under the | ||||||
15 | laws of this or any
other state of an offense that is | ||||||
16 | substantially equivalent to the offense of
criminal sexual
| ||||||
17 | assault, the offense of aggravated criminal sexual assault | ||||||
18 | or the offense of
predatory criminal sexual assault of a | ||||||
19 | child, shall be sentenced to a term of
natural life | ||||||
20 | imprisonment.
The commission of the second or subsequent | ||||||
21 | offense is required to have been
after the initial | ||||||
22 | conviction for this paragraph (2) to apply.
| ||||||
23 | (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | ||||||
24 | eff.
12-19-01; 92-721, eff. 1-1-03 .)
| ||||||
25 | (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
|
| |||||||
| |||||||
1 | Sec. 12-16. Aggravated Criminal Sexual Abuse.
| ||||||
2 | (a) The accused commits aggravated criminal sexual abuse if | ||||||
3 | he or she
commits criminal sexual abuse as defined in | ||||||
4 | subsection (a) of Section 12-15
of this Code and any of the | ||||||
5 | following aggravating
circumstances existed during, or for the | ||||||
6 | purposes of paragraph (7) of this
subsection (a) as part of the | ||||||
7 | same course of conduct as, the commission of
the
offense:
| ||||||
8 | (1) the accused displayed, threatened to use or used a | ||||||
9 | dangerous weapon
or any object fashioned or utilized in | ||||||
10 | such a manner as to lead the victim
under the circumstances | ||||||
11 | reasonably to believe it to be a dangerous weapon; or
| ||||||
12 | (2) the accused caused bodily harm to the victim; or
| ||||||
13 | (3) the victim was 60 years of age or over when the | ||||||
14 | offense was committed;
or
| ||||||
15 | (4) the victim was a physically handicapped person; or
| ||||||
16 | (5) the accused acted in such a manner as to threaten | ||||||
17 | or endanger the
life of the victim or any other person; or
| ||||||
18 | (6) the criminal sexual abuse was perpetrated during | ||||||
19 | the course of the
commission or attempted commission of any | ||||||
20 | other felony by the accused; or
| ||||||
21 | (7) the accused delivered (by injection, inhalation, | ||||||
22 | ingestion, transfer
of possession, or any other means) to | ||||||
23 | the victim without his or her consent, or
by threat or | ||||||
24 | deception,
and for other than medical
purposes, any
| ||||||
25 | controlled substance.
| ||||||
26 | (b) The accused commits aggravated criminal sexual abuse if |
| |||||||
| |||||||
1 | he or she
commits an act of sexual conduct with a victim who | ||||||
2 | was under 18
years of age when the act was committed
and the | ||||||
3 | accused was a family member.
| ||||||
4 | (c) The accused commits aggravated criminal sexual abuse | ||||||
5 | if:
| ||||||
6 | (1) the accused was 17 years of age or over and (i) | ||||||
7 | commits an act of
sexual
conduct with a victim who was | ||||||
8 | under 13 years of age when the
act was committed; or
(ii) | ||||||
9 | commits an act of sexual conduct with a victim who was at | ||||||
10 | least 13
years of age but under 17 years of age when the | ||||||
11 | act was committed and the
accused used force or threat of | ||||||
12 | force to commit the act; or
| ||||||
13 | (2) the accused was under 17 years of age and (i) | ||||||
14 | commits an act of
sexual conduct with a victim who was | ||||||
15 | under 9 years of age when the act was
committed; or (ii) | ||||||
16 | commits an act of sexual conduct with a victim who was
at | ||||||
17 | least 9 years of age but under 17 years of age when the act | ||||||
18 | was
committed and the accused used force or threat of force | ||||||
19 | to commit the act.
| ||||||
20 | (d) The accused commits aggravated criminal sexual abuse if | ||||||
21 | he or she
commits an act of sexual penetration or sexual | ||||||
22 | conduct with a victim
who was at least 13
years of age but | ||||||
23 | under 17 years of age and the accused was at least 5 years
| ||||||
24 | older than the victim.
| ||||||
25 | (e) The accused commits aggravated criminal sexual abuse if | ||||||
26 | he or she
commits an act of sexual conduct with a victim who |
| |||||||
| |||||||
1 | was a
severely or profoundly mentally retarded person at the | ||||||
2 | time the act was
committed.
| ||||||
3 | (f) The accused commits aggravated criminal sexual abuse if
| ||||||
4 | he or she commits an act of sexual conduct with a victim who | ||||||
5 | was at least
13 years of age but under 18 years of age when the | ||||||
6 | act was committed and
the accused was 17 years of age or over | ||||||
7 | and held a position of trust,
authority or supervision in | ||||||
8 | relation to the victim.
| ||||||
9 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
10 | felony , except that aggravated criminal sexual abuse when the | ||||||
11 | victim was 60 years of age or over when the offense was | ||||||
12 | committed is a Class 1 felony .
| ||||||
13 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
14 | (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
| ||||||
15 | Sec. 12-21. Criminal abuse or neglect of an elderly person | ||||||
16 | or person
with a disability.
| ||||||
17 | (a) A person commits the offense of criminal abuse or | ||||||
18 | neglect of an
elderly person or person with a disability when | ||||||
19 | he or she is a caregiver and he
or she knowingly:
| ||||||
20 | (1) performs acts that cause the elderly person or | ||||||
21 | person with a
disability's life to be
endangered, health to | ||||||
22 | be injured, or pre-existing physical or mental
condition to | ||||||
23 | deteriorate; or
| ||||||
24 | (2) fails to perform acts that he or she knows or
| ||||||
25 | reasonably should know are
necessary to maintain or |
| |||||||
| |||||||
1 | preserve the life or health of the elderly person
or person | ||||||
2 | with a disability and such failure causes the elderly
| ||||||
3 | person or person with a disability's
life to be endangered, | ||||||
4 | health to be injured or pre-existing physical or
mental | ||||||
5 | condition to deteriorate; or
| ||||||
6 | (3) abandons the elderly person or person with a
| ||||||
7 | disability; or
| ||||||
8 | (4) physically abuses, harasses, intimidates, or | ||||||
9 | interferes with the
personal liberty of the elderly person | ||||||
10 | or person with a
disability or exposes the
elderly person | ||||||
11 | or person with a disability to willful
deprivation.
| ||||||
12 | A violation of this subsection (a)
Criminal abuse or | ||||||
13 | neglect of an elderly person or
person with a disability is a | ||||||
14 | Class 3 felony if the victim of the offense is a person with a | ||||||
15 | disability. A violation of this subsection (a) is a Class 2 | ||||||
16 | felony if the victim of the offense is an elderly person .
A | ||||||
17 | violation of this subsection (a) that is criminal neglect
| ||||||
18 | Criminal neglect of an elderly person or person with a | ||||||
19 | disability is a Class
2 felony if the criminal
neglect results | ||||||
20 | in the death of the person with a disability who was
person
| ||||||
21 | neglected for which the defendant,
if sentenced to a term of | ||||||
22 | imprisonment, shall be sentenced
to a term of not less than 3 | ||||||
23 | years and not more than 14 years. A violation of this | ||||||
24 | subsection (a) that is criminal neglect is a Class 1 felony if | ||||||
25 | the criminal
neglect results in the death of the elderly person | ||||||
26 | for which the defendant,
if sentenced to a term of |
| |||||||
| |||||||
1 | imprisonment, shall be sentenced
to a term of not less than 15 | ||||||
2 | years and not more than 30 years.
| ||||||
3 | (b) For purposes of this Section:
| ||||||
4 | (1) "Elderly person" means a person 60
years of age or | ||||||
5 | older who is incapable of
adequately providing for his own | ||||||
6 | health and personal care.
| ||||||
7 | (2) "Person with a disability" means a person who
| ||||||
8 | suffers from a permanent physical or mental impairment, | ||||||
9 | resulting from
disease, injury, functional disorder or | ||||||
10 | congenital condition which renders
such person incapable | ||||||
11 | of adequately providing for his own health and personal
| ||||||
12 | care.
| ||||||
13 | (3) "Caregiver" means a person who
has a duty to | ||||||
14 | provide for an elderly person or person with a
disability's | ||||||
15 | health and
personal care, at such person's place of | ||||||
16 | residence, including but not
limited to, food and | ||||||
17 | nutrition, shelter, hygiene, prescribed medication and
| ||||||
18 | medical care and treatment.
| ||||||
19 | "Caregiver" shall include:
| ||||||
20 | (A) a parent, spouse, adult child or other relative | ||||||
21 | by blood or marriage
who resides with or resides in the | ||||||
22 | same building with or regularly
visits
the elderly | ||||||
23 | person or person with a disability, knows
or reasonably | ||||||
24 | should know of such person's physical or mental | ||||||
25 | impairment
and knows or reasonably should know that | ||||||
26 | such person is unable to
adequately provide for his own |
| |||||||
| |||||||
1 | health and personal care;
| ||||||
2 | (B) a person who is employed by the elderly person | ||||||
3 | or
person with a disability or by
another to reside | ||||||
4 | with or regularly visit the elderly person or person | ||||||
5 | with a disability
and provide for such person's health | ||||||
6 | and personal care;
| ||||||
7 | (C) a person who has agreed for consideration to | ||||||
8 | reside with or
regularly visit the elderly person or | ||||||
9 | person with a
disability and provide for such
person's | ||||||
10 | health and personal care; and
| ||||||
11 | (D) a person who has been appointed by a private or | ||||||
12 | public agency or by
a court of competent jurisdiction | ||||||
13 | to provide for the elderly person or
person with a | ||||||
14 | disability's health and personal care.
| ||||||
15 | "Caregiver" shall not include a long-term care | ||||||
16 | facility licensed or
certified under the Nursing Home Care | ||||||
17 | Act or any administrative, medical or
other personnel of | ||||||
18 | such a facility, or a health care provider who is licensed
| ||||||
19 | under the Medical Practice Act of 1987 and renders care in | ||||||
20 | the ordinary
course of his profession.
| ||||||
21 | (4) "Abandon" means to desert or knowingly forsake an
| ||||||
22 | elderly person or person with a disability under
| ||||||
23 | circumstances in which a reasonable person
would continue | ||||||
24 | to provide care and custody.
| ||||||
25 | (5) "Willful deprivation" has the meaning ascribed to | ||||||
26 | it in paragraph
(15) of Section 103 of the Illinois |
| |||||||
| |||||||
1 | Domestic Violence Act of 1986.
| ||||||
2 | (c) Nothing in this Section shall be construed to limit the | ||||||
3 | remedies
available to the victim under the Illinois Domestic | ||||||
4 | Violence Act.
| ||||||
5 | (d) Nothing in this Section shall be construed to impose | ||||||
6 | criminal
liability on a person who has made a good faith effort | ||||||
7 | to provide for the
health and personal care of an elderly | ||||||
8 | person or person
with
a disability, but through no
fault of his | ||||||
9 | own has been unable to provide such care.
| ||||||
10 | (e) Nothing in this Section shall be construed as | ||||||
11 | prohibiting a person
from providing treatment by spiritual | ||||||
12 | means through prayer alone and care
consistent therewith in | ||||||
13 | lieu of medical care and treatment in accordance
with the | ||||||
14 | tenets and practices of any church or religious denomination of
| ||||||
15 | which the elderly person or person with a disability is a
| ||||||
16 | member.
| ||||||
17 | (f) It is not a defense to criminal abuse or neglect of an | ||||||
18 | elderly person or
person with a disability that the accused | ||||||
19 | reasonably believed that the victim
was not an elderly person | ||||||
20 | or person with a disability.
| ||||||
21 | (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
| ||||||
22 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||||
23 | Sec. 16-1. Theft.
| ||||||
24 | (a) A person commits theft when he knowingly:
| ||||||
25 | (1) Obtains or exerts unauthorized control over |
| |||||||
| |||||||
1 | property of the
owner; or
| ||||||
2 | (2) Obtains by deception control over property of the | ||||||
3 | owner; or
| ||||||
4 | (3) Obtains by threat control over property of the | ||||||
5 | owner; or
| ||||||
6 | (4) Obtains control over stolen property knowing the | ||||||
7 | property to
have been stolen or under such circumstances as | ||||||
8 | would
reasonably induce him to believe that the property | ||||||
9 | was stolen; or
| ||||||
10 | (5) Obtains or exerts control over property in the | ||||||
11 | custody of any law
enforcement agency which is explicitly | ||||||
12 | represented to him by any law
enforcement officer or any | ||||||
13 | individual acting in behalf of a law enforcement
agency as | ||||||
14 | being stolen, and
| ||||||
15 | (A) Intends to deprive the owner permanently of the | ||||||
16 | use or
benefit of the property; or
| ||||||
17 | (B) Knowingly uses, conceals or abandons the | ||||||
18 | property in such
manner as to deprive the owner | ||||||
19 | permanently of such use or benefit; or
| ||||||
20 | (C) Uses, conceals, or abandons the property | ||||||
21 | knowing such use,
concealment or abandonment probably | ||||||
22 | will deprive the owner permanently
of such use or | ||||||
23 | benefit.
| ||||||
24 | (b) Sentence.
| ||||||
25 | (1) Theft of property not from the person and
not | ||||||
26 | exceeding $300 in value is a Class A misdemeanor.
|
| |||||||
| |||||||
1 | (1.1) Theft of property not from the person and
not | ||||||
2 | exceeding $300 in value is a Class 4 felony if the theft | ||||||
3 | was committed in a
school or place of worship or if the | ||||||
4 | theft was of governmental property.
| ||||||
5 | (2) A person who has been convicted of theft of | ||||||
6 | property not from the
person and not exceeding
$300 in | ||||||
7 | value who has been
previously convicted of any type of | ||||||
8 | theft, robbery, armed robbery,
burglary, residential | ||||||
9 | burglary, possession of burglary tools, home
invasion, | ||||||
10 | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
11 | 4-103.3
of the Illinois Vehicle Code relating to the | ||||||
12 | possession of a stolen or
converted motor vehicle, or a | ||||||
13 | violation of Section 8 of the Illinois Credit
Card and | ||||||
14 | Debit Card Act is guilty of a Class 4 felony. When a person | ||||||
15 | has any
such prior
conviction, the information or | ||||||
16 | indictment charging that person shall state
such prior | ||||||
17 | conviction so as to give notice of the State's intention to
| ||||||
18 | treat the charge as a felony. The fact of such prior | ||||||
19 | conviction is not an
element of the offense and may not be | ||||||
20 | disclosed to the jury during trial
unless otherwise | ||||||
21 | permitted by issues properly raised during such trial.
| ||||||
22 | (3) (Blank).
| ||||||
23 | (4) Theft of property from the person not exceeding | ||||||
24 | $300 in value, or
theft of
property exceeding $300 and not | ||||||
25 | exceeding $10,000 in value, is a
Class 3 felony.
| ||||||
26 | (4.1) Theft of property from the person not exceeding |
| |||||||
| |||||||
1 | $300 in value, or
theft of property exceeding $300 and not | ||||||
2 | exceeding $10,000 in value, is a Class
2 felony if the | ||||||
3 | theft was committed in a school or place of worship or if | ||||||
4 | the theft was of governmental property.
| ||||||
5 | (5) Theft of property exceeding $10,000 and not | ||||||
6 | exceeding
$100,000 in value is a Class 2 felony.
| ||||||
7 | (5.1) Theft of property exceeding $10,000 and not | ||||||
8 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
9 | theft was committed in a school or place of worship or if | ||||||
10 | the theft was of governmental property.
| ||||||
11 | (6) Theft of property exceeding $100,000 and not | ||||||
12 | exceeding $500,000 in
value is a Class 1 felony.
| ||||||
13 | (6.1) Theft of property exceeding $100,000 in value is | ||||||
14 | a Class X felony
if the theft was committed in a school or | ||||||
15 | place of worship or if the theft was of governmental | ||||||
16 | property.
| ||||||
17 | (6.2) Theft of property exceeding $500,000 in value is | ||||||
18 | a Class 1
non-probationable
felony.
| ||||||
19 | (7) Theft by deception, as described by paragraph (2) | ||||||
20 | of
subsection (a) of
this Section, in which the offender | ||||||
21 | obtained money or property valued at
$5,000 or more from a | ||||||
22 | victim 60 years of age or older is a Class 1
2 felony.
| ||||||
23 | (c) When a charge of theft of property exceeding a | ||||||
24 | specified value
is brought, the value of the property involved | ||||||
25 | is an element of the offense
to be resolved by the trier of | ||||||
26 | fact as either exceeding or not exceeding
the specified value.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
| ||||||
2 | (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
| ||||||
3 | Sec. 16-1.3. Financial exploitation of an elderly person or | ||||||
4 | a
person with a disability.
| ||||||
5 | (a) A person commits the offense of financial exploitation | ||||||
6 | of an elderly
person or a person with a disability when he or | ||||||
7 | she stands in a
position of trust
or confidence with the
| ||||||
8 | elderly person or a person with a disability
and he
or she | ||||||
9 | knowingly and by
deception or
intimidation obtains control over | ||||||
10 | the property of an elderly person or
a person
with a disability
| ||||||
11 | or illegally uses the assets or resources of an elderly person | ||||||
12 | or a
person with a disability. The illegal use of the assets or | ||||||
13 | resources of an
elderly person or a person with a disability | ||||||
14 | includes, but is not limited
to, the misappropriation of those | ||||||
15 | assets or resources by undue influence,
breach of a fiduciary | ||||||
16 | relationship, fraud, deception, extortion, or
use of the assets | ||||||
17 | or resources contrary to law.
| ||||||
18 | A violation of this subsection (a) in which the victim of | ||||||
19 | the offense is a person with a disability
Financial | ||||||
20 | exploitation of an elderly person or a person
with a
disability
| ||||||
21 | is a Class 4
felony if the value of the property is $300 or | ||||||
22 | less, a Class 3 felony if
the value of the property is more | ||||||
23 | than $300 but less than $5,000, a Class 2
felony if the value | ||||||
24 | of the property is $5,000 or more but less than
$100,000 and a | ||||||
25 | Class 1 felony if the value of the property is $100,000 or |
| |||||||
| |||||||
1 | more . A violation of this subsection (a) in which the victim of | ||||||
2 | the offense is an elderly person is a Class 3
felony if the | ||||||
3 | value of the property is $300 or less, a Class 2 felony if
the | ||||||
4 | value of the property is more than $300 but less than $5,000, a | ||||||
5 | Class 1
felony if the value of the property is $5,000 or more | ||||||
6 | but less than
$100,000 and a Class X felony if the value of the | ||||||
7 | property is $100,000 or more
or if the elderly person is over | ||||||
8 | 70 years of age and the value of the
property is $15,000 or | ||||||
9 | more or if the elderly person is 80 years of age or
older and | ||||||
10 | the value of the property is $5,000 or more.
| ||||||
11 | (b) For purposes of this Section:
| ||||||
12 | (1) "Elderly person" means a person 60
years of age or | ||||||
13 | older.
| ||||||
14 | (2) "Person with a disability" means a person who
| ||||||
15 | suffers from a permanent physical or mental impairment | ||||||
16 | resulting from
disease, injury, functional disorder or | ||||||
17 | congenital condition that impairs the
individual's mental | ||||||
18 | or physical ability to independently manage his or her
| ||||||
19 | property or financial resources, or both.
| ||||||
20 | (3) "Intimidation" means the communication to an | ||||||
21 | elderly person or a
person with a disability that he or she | ||||||
22 | shall be deprived of food and
nutrition,
shelter, | ||||||
23 | prescribed
medication or medical care and treatment.
| ||||||
24 | (4) "Deception" means, in addition to its meaning as | ||||||
25 | defined in Section
15-4 of this Code,
a misrepresentation | ||||||
26 | or concealment of material fact
relating to the terms of a |
| |||||||
| |||||||
1 | contract or agreement entered into with the
elderly person | ||||||
2 | or person with a disability or to the
existing or
| ||||||
3 | pre-existing condition of
any of the property involved in | ||||||
4 | such contract or agreement; or the use or
employment of any | ||||||
5 | misrepresentation, false pretense or false promise in
| ||||||
6 | order to induce, encourage or solicit the elderly person or
| ||||||
7 | person with
a disability to
enter into a contract or | ||||||
8 | agreement.
| ||||||
9 | (c) For purposes of this Section, a person stands in a | ||||||
10 | position of
trust and confidence with an elderly person or | ||||||
11 | person with a
disability when he (1) is a
parent, spouse, adult | ||||||
12 | child or other relative by blood or marriage of the
elderly | ||||||
13 | person or person with a disability, (2) is a joint
tenant or
| ||||||
14 | tenant in common with
the elderly person or person with a | ||||||
15 | disability, (3) has
a legal or
fiduciary relationship
with the | ||||||
16 | elderly person or person with a disability, or (4) is a | ||||||
17 | financial
planning or investment professional.
| ||||||
18 | (d) Nothing in this Section shall be construed to limit the | ||||||
19 | remedies
available to the victim under the Illinois Domestic | ||||||
20 | Violence Act of 1986.
| ||||||
21 | (e) Nothing in this Section shall be construed to impose | ||||||
22 | criminal
liability on a person who has made a good faith effort | ||||||
23 | to assist the
elderly person or person with a disability in the
| ||||||
24 | management of his or her
property, but through
no fault of his | ||||||
25 | or her own has been unable to provide such assistance.
| ||||||
26 | (f) It shall not be a defense to financial exploitation of |
| |||||||
| |||||||
1 | an elderly
person or person with a disability that the accused | ||||||
2 | reasonably believed
that the victim was
not an elderly person | ||||||
3 | or person with a disability.
| ||||||
4 | (g) Civil Liability. A person who is charged by information | ||||||
5 | or
indictment with the offense of financial exploitation of an | ||||||
6 | elderly person
or person with a disability and who fails or | ||||||
7 | refuses to return
the victim's property
within 60 days | ||||||
8 | following a written demand from the victim or the victim's
| ||||||
9 | legal representative shall be liable to the victim or to the | ||||||
10 | estate of the
victim in damages of treble the amount of the | ||||||
11 | value of the property
obtained, plus reasonable attorney fees | ||||||
12 | and court costs. The burden of
proof that the defendant | ||||||
13 | unlawfully obtained the victim's property shall be
by a | ||||||
14 | preponderance of the evidence. This subsection shall be | ||||||
15 | operative
whether or not the defendant has been convicted of | ||||||
16 | the offense.
| ||||||
17 | (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
| ||||||
18 | (720 ILCS 5/16G-20)
| ||||||
19 | Sec. 16G-20. Aggravated identity theft.
| ||||||
20 | (a) A person commits the offense of aggravated identity | ||||||
21 | theft
when he or she commits the offense of identity theft as | ||||||
22 | set forth
in subsection (a) of Section 16G-15 against a person | ||||||
23 | 60 years
of age or older or a disabled person as defined in | ||||||
24 | Section 16-1.3 of this
Code.
| ||||||
25 | (b) Knowledge shall be determined by an evaluation of all |
| |||||||
| |||||||
1 | circumstances
surrounding the use of the other
person's | ||||||
2 | identifying information or document.
| ||||||
3 | (c) When a charge of aggravated identity theft of credit,
| ||||||
4 | money,
goods, services, or other
property exceeding a specified | ||||||
5 | value is brought the value of the credit, money,
goods, | ||||||
6 | services, or other
property is an element of the offense to be | ||||||
7 | resolved by the trier of fact as
either exceeding or not | ||||||
8 | exceeding
the specified value.
| ||||||
9 | (d) A defense to aggravated identity theft does not exist
| ||||||
10 | merely
because the accused
reasonably believed the victim to be | ||||||
11 | a person less than 60 years of age.
| ||||||
12 | (e) Sentence.
| ||||||
13 | (1) Aggravated identity theft of credit, money, goods,
| ||||||
14 | services,
or other property not exceeding
$300 in value is | ||||||
15 | a Class 3 felony if the victim of the aggravated identity | ||||||
16 | theft is a disabled person. Aggravated identity theft of | ||||||
17 | credit, money, goods,
services,
or other property not | ||||||
18 | exceeding
$300 in value is a Class 2 felony if the victim | ||||||
19 | of the aggravated identity theft is a person 60 years of | ||||||
20 | age or older .
| ||||||
21 | (2) Aggravated identity theft of credit, money, goods,
| ||||||
22 | services,
or other property exceeding $300
and not | ||||||
23 | exceeding $10,000 in value is a Class 2 felony if the | ||||||
24 | victim of the aggravated identity theft is a disabled | ||||||
25 | person. Aggravated identity theft of credit, money, goods,
| ||||||
26 | services,
or other property exceeding
$300 and not |
| |||||||
| |||||||
1 | exceeding $10,000 in value is a Class 1 felony if the | ||||||
2 | victim of the aggravated identity theft is a person 60 | ||||||
3 | years of age or older .
| ||||||
4 | (3) Aggravated identity theft of credit, money, goods,
| ||||||
5 | services,
or other property exceeding $10,000 in value and | ||||||
6 | not exceeding $100,000 in
value is a Class 1 felony if the | ||||||
7 | victim of the aggravated identity theft is a disabled | ||||||
8 | person. Aggravated identity theft of credit, money, goods,
| ||||||
9 | services,
or other property exceeding
$10,000 in value and | ||||||
10 | not exceeding $100,000 in
value is a Class X felony if the | ||||||
11 | victim of the aggravated identity theft is a person 60 | ||||||
12 | years of age or older .
| ||||||
13 | (4) Aggravated identity theft of credit, money, goods,
| ||||||
14 | services,
or other property exceeding
$100,000 in value is | ||||||
15 | a Class X felony if the victim of the aggravated identity | ||||||
16 | theft is a disabled person. Aggravated identity theft of | ||||||
17 | credit, money, goods,
services,
or other property | ||||||
18 | exceeding
$100,000 in value is a Class X felony for which | ||||||
19 | the defendant shall be sentenced to a term of imprisonment | ||||||
20 | of not less than 30 years and not more than 60 years if the | ||||||
21 | victim of the aggravated identity theft is a person 60 | ||||||
22 | years of age or older .
| ||||||
23 | (5) A person who has been previously convicted of | ||||||
24 | aggravated
identity theft regardless of the
value of the | ||||||
25 | property involved who is convicted of a second or | ||||||
26 | subsequent
offense of aggravated
identity theft regardless |
| |||||||
| |||||||
1 | of the value of the property involved is guilty of a
Class | ||||||
2 | X felony if the victim of the aggravated identity theft is | ||||||
3 | a disabled person. A person who has been previously | ||||||
4 | convicted of aggravated
identity theft regardless of the
| ||||||
5 | value of the property involved who is convicted of a second | ||||||
6 | or subsequent
offense of aggravated
identity theft | ||||||
7 | regardless of the value of the property involved is guilty | ||||||
8 | of a
Class X felony for which the defendant shall be | ||||||
9 | sentenced to a term of imprisonment of not less than 30 | ||||||
10 | years and not more than 60 years if the victim is a person | ||||||
11 | 60 years of age or older .
| ||||||
12 | (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
| ||||||
13 | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| ||||||
14 | Sec. 18-1. Robbery.
| ||||||
15 | (a) A person commits robbery when he or she takes property, | ||||||
16 | except a
motor vehicle covered by Section 18-3 or 18-4,
from | ||||||
17 | the person or presence of another by the use of force or by
| ||||||
18 | threatening the imminent use of force.
| ||||||
19 | (b) Sentence.
| ||||||
20 | Robbery is a Class 2 felony. However, if the victim is 60 | ||||||
21 | years of age
or over or is a physically handicapped person, or | ||||||
22 | if the robbery is
committed
in a school or place of worship, | ||||||
23 | robbery is a Class 1 felony. However, if the victim is 60 years | ||||||
24 | of age
or over, robbery is a Class X felony.
| ||||||
25 | (Source: P.A. 91-360, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/18-4)
| ||||||
2 | Sec. 18-4. Aggravated vehicular hijacking.
| ||||||
3 | (a) A person commits aggravated vehicular hijacking when he | ||||||
4 | or she violates
Section 18-3; and
| ||||||
5 | (1) the person from whose immediate presence the motor | ||||||
6 | vehicle is
taken is a physically handicapped person or a | ||||||
7 | person 60 years of age or over;
or
| ||||||
8 | (2) a person under 16 years of age is a passenger in | ||||||
9 | the motor vehicle at
the time of the offense; or
| ||||||
10 | (3) he or she carries on or about his or her person, or | ||||||
11 | is otherwise armed
with a dangerous weapon, other than a | ||||||
12 | firearm; or
| ||||||
13 | (4) he or she carries on or about his or her person or | ||||||
14 | is otherwise armed
with a firearm; or
| ||||||
15 | (5) he or she, during the commission of the offense, | ||||||
16 | personally discharges
a firearm; or
| ||||||
17 | (6) he or she, during the commission of the offense, | ||||||
18 | personally discharges
a firearm that proximately causes | ||||||
19 | great bodily harm, permanent disability,
permanent | ||||||
20 | disfigurement, or death to another person.
| ||||||
21 | (b) Sentence. Aggravated vehicular hijacking in violation | ||||||
22 | of subsections
(a)(1) or (a)(2) is a Class X felony.
If the | ||||||
23 | victim of the offense is a person 60 years of age or over, | ||||||
24 | aggravated vehicular hijacking in violation of subsections
| ||||||
25 | (a)(1) is a Class X felony for which the defendant shall be |
| |||||||
| |||||||
1 | sentenced to a term of imprisonment of not less than 30 years | ||||||
2 | and not more than 60 years. Aggravated vehicular hijacking in | ||||||
3 | violation of subsection (a)(3) is a Class X
felony for which a | ||||||
4 | term of imprisonment of not less than 7 years shall be
imposed.
| ||||||
5 | Aggravated vehicular hijacking in violation of subsection | ||||||
6 | (a)(4) is a Class X
felony for which 15 years shall be added to | ||||||
7 | the term of imprisonment imposed by
the court. Aggravated | ||||||
8 | vehicular hijacking in violation of subsection (a)(5) is
a | ||||||
9 | Class X felony for which 20 years shall be added to the term of | ||||||
10 | imprisonment
imposed by the court. Aggravated vehicular | ||||||
11 | hijacking in violation of subsection
(a)(6) is a Class X felony | ||||||
12 | for which 25 years or up to a term of natural life
shall be | ||||||
13 | added to the term of imprisonment imposed by the court.
| ||||||
14 | (Source: P.A. 91-404, eff. 1-1-00 .)
| ||||||
15 | Section 10. The Methamphetamine Control and Community | ||||||
16 | Protection Act is amended by changing Sections 15 and 25 as | ||||||
17 | follows: | ||||||
18 | (720 ILCS 646/15)
| ||||||
19 | Sec. 15. Participation in methamphetamine manufacturing. | ||||||
20 | (a) Participation in methamphetamine manufacturing.
| ||||||
21 | (1) It is unlawful to knowingly participate in the | ||||||
22 | manufacture of methamphetamine with the intent that | ||||||
23 | methamphetamine or a substance containing methamphetamine | ||||||
24 | be produced.
|
| |||||||
| |||||||
1 | (2) A person who violates paragraph (1) of this | ||||||
2 | subsection (a) is subject to the following penalties:
| ||||||
3 | (A) A person who participates in the manufacture of | ||||||
4 | less than 15 grams of methamphetamine or a substance | ||||||
5 | containing methamphetamine is guilty of a Class 1 | ||||||
6 | felony.
| ||||||
7 | (B) A person who participates in the manufacture of | ||||||
8 | 15 or more grams but less than 100 grams of | ||||||
9 | methamphetamine or a substance containing | ||||||
10 | methamphetamine is guilty of a Class X felony, subject | ||||||
11 | to a term of imprisonment of not less than 6 years and | ||||||
12 | not more than 30 years, and subject to a fine not to | ||||||
13 | exceed $100,000 or the street value of the | ||||||
14 | methamphetamine manufactured, whichever is greater.
| ||||||
15 | (C) A person who participates in the manufacture of | ||||||
16 | 100 or more grams but less than 400 grams of | ||||||
17 | methamphetamine or a substance containing | ||||||
18 | methamphetamine is guilty of a Class X felony, subject | ||||||
19 | to a term of imprisonment of not less than 9 years and | ||||||
20 | not more than 40 years, and subject to a fine not to | ||||||
21 | exceed $200,000 or the street value of the | ||||||
22 | methamphetamine manufactured, whichever is greater.
| ||||||
23 | (D) A person who participates in the manufacture of | ||||||
24 | 400 or more grams but less than 900 grams of | ||||||
25 | methamphetamine or a substance containing | ||||||
26 | methamphetamine is guilty of a Class X felony, subject |
| |||||||
| |||||||
1 | to a term of imprisonment of not less than 12 years and | ||||||
2 | not more than 50 years, and subject to a fine not to | ||||||
3 | exceed $300,000 or the street value of the | ||||||
4 | methamphetamine manufactured, whichever is greater.
| ||||||
5 | (E) A person who participates in the manufacture of | ||||||
6 | 900 grams or more of methamphetamine or a substance | ||||||
7 | containing methamphetamine is guilty of a Class X | ||||||
8 | felony, subject to a term of imprisonment of not less | ||||||
9 | than 15 years and not more than 60 years, and subject | ||||||
10 | to a fine not to exceed $400,000 or the street value of | ||||||
11 | the methamphetamine, whichever is greater.
| ||||||
12 | (b) Aggravated participation in methamphetamine | ||||||
13 | manufacturing.
| ||||||
14 | (1) It is unlawful to engage in aggravated | ||||||
15 | participation in the manufacture of methamphetamine. A | ||||||
16 | person engages in aggravated participation in the | ||||||
17 | manufacture of methamphetamine when the person violates | ||||||
18 | paragraph (1) of subsection (a) and:
| ||||||
19 | (A) the person knowingly does so in a multi-unit | ||||||
20 | dwelling;
| ||||||
21 | (B) the person knowingly does so in a structure or | ||||||
22 | vehicle where a child under the age of 18, a person | ||||||
23 | with a disability, or a person 60 years of age or older | ||||||
24 | who is incapable of adequately providing for his or her | ||||||
25 | own health and personal care resides, is present, or is | ||||||
26 | endangered by the manufacture of methamphetamine;
|
| |||||||
| |||||||
1 | (C) the person does so in a structure or vehicle | ||||||
2 | where a woman the person knows to be pregnant | ||||||
3 | (including but not limited to the person herself) | ||||||
4 | resides, is present, or is endangered by the | ||||||
5 | methamphetamine manufacture;
| ||||||
6 | (D) the person knowingly does so in a structure or | ||||||
7 | vehicle protected by one or more firearms, explosive | ||||||
8 | devices, booby traps, alarm systems, surveillance | ||||||
9 | systems, guard dogs, or dangerous animals;
| ||||||
10 | (E) the methamphetamine manufacturing in which the | ||||||
11 | person participates is a contributing cause of the | ||||||
12 | death, serious bodily injury, disability, or | ||||||
13 | disfigurement of another person, including but not | ||||||
14 | limited to an emergency service provider;
| ||||||
15 | (F) the methamphetamine manufacturing in which the | ||||||
16 | person participates is a contributing cause of a fire | ||||||
17 | or explosion that damages property belonging to | ||||||
18 | another person; or
| ||||||
19 | (G) the person knowingly organizes, directs, or | ||||||
20 | finances the methamphetamine manufacturing or | ||||||
21 | activities carried out in support of the | ||||||
22 | methamphetamine manufacturing.
| ||||||
23 | (2) A person who violates paragraph (1) of this | ||||||
24 | subsection (b) is subject to the following penalties:
| ||||||
25 | (A) A person who participates in the manufacture of | ||||||
26 | less than 15 grams of methamphetamine or a substance |
| |||||||
| |||||||
1 | containing methamphetamine is guilty of a Class X | ||||||
2 | felony, subject to a term of imprisonment of not less | ||||||
3 | than 6 years and not more than 30 years, and subject to | ||||||
4 | a fine not to exceed $100,000 or the street value of | ||||||
5 | the methamphetamine, whichever is greater.
| ||||||
6 | (B) A person who participates in the manufacture of | ||||||
7 | 15 or more grams but less than 100 grams of | ||||||
8 | methamphetamine or a substance containing | ||||||
9 | methamphetamine is guilty of a Class X felony, subject | ||||||
10 | to a term of imprisonment of not less than 9 years and | ||||||
11 | not more than 40 years, and subject to a fine not to | ||||||
12 | exceed $200,000 or the street value of the | ||||||
13 | methamphetamine, whichever is greater.
| ||||||
14 | (C) A person who participates in the manufacture of | ||||||
15 | 100 or more grams but less than 400 grams of | ||||||
16 | methamphetamine or a substance containing | ||||||
17 | methamphetamine is guilty of a Class X felony, subject | ||||||
18 | to a term of imprisonment of not less than 12 years and | ||||||
19 | not more than 50 years, and subject to a fine not to | ||||||
20 | exceed $300,000 or the street value of the | ||||||
21 | methamphetamine, whichever is greater.
| ||||||
22 | (D) A person who participates in the manufacture of | ||||||
23 | 400 grams or more of methamphetamine or a substance | ||||||
24 | containing methamphetamine is guilty of a Class X | ||||||
25 | felony, subject to a term of imprisonment of not less | ||||||
26 | than 15 years and not more than 60 years, and subject |
| |||||||
| |||||||
1 | to a fine not to exceed $400,000 or the street value of | ||||||
2 | the methamphetamine, whichever is greater.
| ||||||
3 | (E) A person who participates in the manufacture of | ||||||
4 | methamphetamine in a structure or vehicle where a | ||||||
5 | person 60 years of age or older who is incapable of | ||||||
6 | adequately providing for his or her own health and | ||||||
7 | personal care resides, is present, or is endangered by | ||||||
8 | the manufacture of methamphetamine is guilty of a Class | ||||||
9 | X felony, subject to a term of imprisonment of not less | ||||||
10 | than 30 years and not more than 60 years.
| ||||||
11 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | ||||||
12 | (720 ILCS 646/25)
| ||||||
13 | Sec. 25. Anhydrous ammonia. | ||||||
14 | (a) Possession, procurement, transportation, storage, or | ||||||
15 | delivery of anhydrous ammonia with the intent that it be used | ||||||
16 | to manufacture methamphetamine.
| ||||||
17 | (1) It is unlawful to knowingly engage in the | ||||||
18 | possession, procurement, transportation, storage, or | ||||||
19 | delivery of anhydrous ammonia or to attempt to engage in | ||||||
20 | any of these activities or to assist another in engaging in | ||||||
21 | any of these activities with the intent that the anhydrous | ||||||
22 | ammonia be used to manufacture methamphetamine.
| ||||||
23 | (2) A person who violates paragraph (1) of this | ||||||
24 | subsection
(a) is guilty of a Class 1 felony.
| ||||||
25 | (b) Aggravated possession, procurement, transportation, |
| |||||||
| |||||||
1 | storage, or delivery of anhydrous ammonia with the intent that | ||||||
2 | it be used to manufacture methamphetamine.
| ||||||
3 | (1) It is unlawful to knowingly engage in the | ||||||
4 | aggravated possession, procurement, transportation, | ||||||
5 | storage, or delivery of anhydrous ammonia with the intent | ||||||
6 | that it be used to manufacture methamphetamine. A person | ||||||
7 | commits this offense when the person engages in the | ||||||
8 | possession, procurement, transportation, storage, or | ||||||
9 | delivery of anhydrous ammonia or attempts to engage in any | ||||||
10 | of these activities or assists another in engaging in any | ||||||
11 | of these activities with the intent that the anhydrous | ||||||
12 | ammonia be used to manufacture methamphetamine and:
| ||||||
13 | (A) the person knowingly does so in a multi-unit | ||||||
14 | dwelling;
| ||||||
15 | (B) the person knowingly does so in a structure or | ||||||
16 | vehicle where a child under the age of 18, or a person | ||||||
17 | with a disability, or a person who is 60 years of age | ||||||
18 | or older who is incapable of adequately providing for | ||||||
19 | his or her own health and personal care resides, is | ||||||
20 | present, or is endangered by the anhydrous ammonia;
| ||||||
21 | (C) the person's possession, procurement, | ||||||
22 | transportation, storage, or delivery of anhydrous | ||||||
23 | ammonia is a contributing cause of the death, serious | ||||||
24 | bodily injury, disability, or disfigurement of another | ||||||
25 | person; or
| ||||||
26 | (D) the person's possession, procurement, |
| |||||||
| |||||||
1 | transportation, storage, or delivery of anhydrous | ||||||
2 | ammonia is a contributing cause of a fire or explosion | ||||||
3 | that damages property belonging to another person.
| ||||||
4 | (2) A person who violates paragraph (1) of this | ||||||
5 | subsection (b) is guilty of a Class X felony, subject to a | ||||||
6 | term of imprisonment of not less than 6 years and not more | ||||||
7 | than 30 years, and subject to a fine not to exceed | ||||||
8 | $100,000.
A person who violates paragraph (1) of this | ||||||
9 | subsection (b) is guilty of a Class X felony, subject to a | ||||||
10 | term of imprisonment of not less than 30 years and not more | ||||||
11 | than 60 years, and subject to a fine not to exceed $200,000 | ||||||
12 | if he or she does so in a structure or vehicle where a | ||||||
13 | person who is 60 years of age or older who is incapable of | ||||||
14 | adequately providing for his or her own health and personal | ||||||
15 | care resides, is present, or is endangered by the anhydrous | ||||||
16 | ammonia.
| ||||||
17 | (c) Possession, procurement, transportation, storage, or | ||||||
18 | delivery of anhydrous ammonia in an unauthorized container.
| ||||||
19 | (1) It is unlawful to knowingly possess, procure, | ||||||
20 | transport, store, or deliver anhydrous ammonia in an | ||||||
21 | unauthorized container.
| ||||||
22 | (2) A person who violates paragraph (1) of this | ||||||
23 | subsection (c) is guilty of a Class 3 felony.
| ||||||
24 | (3) Affirmative defense. It is an affirmative defense | ||||||
25 | that the person charged possessed, procured, transported, | ||||||
26 | stored, or delivered anhydrous ammonia in a manner that |
| |||||||
| |||||||
1 | substantially complied with the rules governing anhydrous | ||||||
2 | ammonia equipment found in 8 Illinois Administrative Code | ||||||
3 | Section 215, in 92 Illinois Administrative Code Sections | ||||||
4 | 171 through 180, or in any provision of the Code of Federal | ||||||
5 | Regulations incorporated by reference into these Sections | ||||||
6 | of the Illinois Administrative Code.
| ||||||
7 | (d) Tampering with anhydrous ammonia equipment.
| ||||||
8 | (1) It is unlawful to knowingly tamper with anhydrous | ||||||
9 | ammonia equipment. A person tampers with anhydrous ammonia | ||||||
10 | equipment when, without authorization from the lawful | ||||||
11 | owner, the person:
| ||||||
12 | (A) removes or attempts to remove anhydrous | ||||||
13 | ammonia from the anhydrous ammonia equipment used by | ||||||
14 | the lawful owner;
| ||||||
15 | (B) damages or attempts to damage the anhydrous | ||||||
16 | ammonia equipment used by the lawful owner; or
| ||||||
17 | (C) vents or attempts to vent anhydrous ammonia
| ||||||
18 | into the environment.
| ||||||
19 | (2) A person who violates paragraph (1) of this | ||||||
20 | subsection (d) is guilty of a Class 3 felony.
| ||||||
21 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
| ||||||
22 | Section 15. The Unified Code of Corrections is amended by | ||||||
23 | changing Section 5-5-3.2 as follows:
| ||||||
24 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
|
| |||||||
| |||||||
1 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
2 | (a) The following factors shall be accorded weight in favor | ||||||
3 | of
imposing a term of imprisonment or may be considered by the | ||||||
4 | court as reasons
to impose a more severe sentence under Section | ||||||
5 | 5-8-1:
| ||||||
6 | (1) the defendant's conduct caused or threatened | ||||||
7 | serious harm;
| ||||||
8 | (2) the defendant received compensation for committing | ||||||
9 | the offense;
| ||||||
10 | (3) the defendant has a history of prior delinquency or | ||||||
11 | criminal activity;
| ||||||
12 | (4) the defendant, by the duties of his office or by | ||||||
13 | his position,
was obliged to prevent the particular offense | ||||||
14 | committed or to bring
the offenders committing it to | ||||||
15 | justice;
| ||||||
16 | (5) the defendant held public office at the time of the | ||||||
17 | offense,
and the offense related to the conduct of that | ||||||
18 | office;
| ||||||
19 | (6) the defendant utilized his professional reputation | ||||||
20 | or
position in the community to commit the offense, or to | ||||||
21 | afford
him an easier means of committing it;
| ||||||
22 | (7) the sentence is necessary to deter others from | ||||||
23 | committing
the same crime;
| ||||||
24 | (8) the defendant committed the offense against a | ||||||
25 | person 60 years of age
or older or such person's property;
| ||||||
26 | (9) the defendant committed the offense against a |
| |||||||
| |||||||
1 | person who is
physically handicapped or such person's | ||||||
2 | property;
| ||||||
3 | (10) by reason of another individual's actual or | ||||||
4 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
5 | sexual orientation, physical or mental
disability, or | ||||||
6 | national origin, the defendant committed the offense | ||||||
7 | against (i)
the person or property
of that individual; (ii) | ||||||
8 | the person or property of a person who has an
association | ||||||
9 | with, is married to, or has a friendship with the other | ||||||
10 | individual;
or (iii) the person or property of a relative | ||||||
11 | (by blood or marriage) of a
person described in clause (i) | ||||||
12 | or (ii). For the purposes of this Section,
"sexual | ||||||
13 | orientation" means heterosexuality, homosexuality, or | ||||||
14 | bisexuality;
| ||||||
15 | (11) the offense took place in a place of worship or on | ||||||
16 | the
grounds of a place of worship, immediately prior to, | ||||||
17 | during or immediately
following worship services. For | ||||||
18 | purposes of this subparagraph, "place of
worship" shall | ||||||
19 | mean any church, synagogue or other building, structure or
| ||||||
20 | place used primarily for religious worship;
| ||||||
21 | (12) the defendant was convicted of a felony committed | ||||||
22 | while he was
released on bail or his own recognizance | ||||||
23 | pending trial for a prior felony
and was convicted of such | ||||||
24 | prior felony, or the defendant was convicted of a
felony | ||||||
25 | committed while he was serving a period of probation,
| ||||||
26 | conditional discharge, or mandatory supervised release |
| |||||||
| |||||||
1 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
2 | (13) the defendant committed or attempted to commit a | ||||||
3 | felony while he
was wearing a bulletproof vest. For the | ||||||
4 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
5 | device which is designed for the purpose of
protecting the | ||||||
6 | wearer from bullets, shot or other lethal projectiles;
| ||||||
7 | (14) the defendant held a position of trust or | ||||||
8 | supervision such as, but
not limited to, family member as | ||||||
9 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
10 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
11 | relation to a victim under 18 years of age, and the | ||||||
12 | defendant committed an
offense in violation of Section | ||||||
13 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
14 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
15 | against
that victim;
| ||||||
16 | (15) the defendant committed an offense related to the | ||||||
17 | activities of an
organized gang. For the purposes of this | ||||||
18 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
19 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
20 | Act;
| ||||||
21 | (16) the defendant committed an offense in violation of | ||||||
22 | one of the
following Sections while in a school, regardless | ||||||
23 | of the time of day or time of
year; on any conveyance | ||||||
24 | owned, leased, or contracted by a school to transport
| ||||||
25 | students to or from school or a school related activity; on | ||||||
26 | the real property
of a school; or on a public way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property
comprising any school: | ||||||
2 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
3 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
4 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
5 | 33A-2 of the Criminal Code of
1961;
| ||||||
6 | (16.5) the defendant committed an offense in violation | ||||||
7 | of one of the
following Sections while in a day care | ||||||
8 | center, regardless of the time of day or
time of year; on | ||||||
9 | the real property of a day care center, regardless of the | ||||||
10 | time
of day or time of year; or on a public
way within | ||||||
11 | 1,000 feet of the real property comprising any day care | ||||||
12 | center,
regardless of the time of day or time of year:
| ||||||
13 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
14 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
15 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
16 | 33A-2 of the Criminal
Code of 1961;
| ||||||
17 | (17) the defendant committed the offense by reason of | ||||||
18 | any person's
activity as a community policing volunteer or | ||||||
19 | to prevent any person from
engaging in activity as a | ||||||
20 | community policing volunteer. For the purpose of
this | ||||||
21 | Section, "community policing volunteer" has the meaning | ||||||
22 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
23 | 1961;
| ||||||
24 | (18) the defendant committed the offense in a nursing | ||||||
25 | home or on the
real
property comprising a nursing home. For | ||||||
26 | the purposes of this paragraph (18),
"nursing home" means a |
| |||||||
| |||||||
1 | skilled nursing
or intermediate long term care facility | ||||||
2 | that is subject to license by the
Illinois Department of | ||||||
3 | Public Health under the Nursing Home Care
Act;
| ||||||
4 | (19) the defendant was a federally licensed firearm | ||||||
5 | dealer
and
was
previously convicted of a violation of | ||||||
6 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
7 | Identification Card Act and has now committed either a | ||||||
8 | felony
violation
of the Firearm Owners Identification Card | ||||||
9 | Act or an act of armed violence while
armed
with a firearm; | ||||||
10 | (20) the defendant (i) committed the offense of | ||||||
11 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
12 | 1961 or the offense of driving under the influence of | ||||||
13 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
14 | compounds or any combination thereof under Section 11-501 | ||||||
15 | of the Illinois Vehicle Code or a similar provision of a | ||||||
16 | local ordinance and (ii) was operating a motor vehicle in | ||||||
17 | excess of 20 miles per hour over the posted speed limit as | ||||||
18 | provided in Article VI of Chapter 11 of the Illinois | ||||||
19 | Vehicle Code; or
| ||||||
20 | (21) the defendant (i) committed the offense of | ||||||
21 | reckless driving or aggravated reckless driving under | ||||||
22 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
24 | over the posted speed limit as provided in Article VI of | ||||||
25 | Chapter 11 of the Illinois Vehicle Code. | ||||||
26 | For the purposes of this Section:
|
| |||||||
| |||||||
1 | "School" is defined as a public or private
elementary or | ||||||
2 | secondary school, community college, college, or university.
| ||||||
3 | "Day care center" means a public or private State certified | ||||||
4 | and
licensed day care center as defined in Section 2.09 of the | ||||||
5 | Child Care Act of
1969 that displays a sign in plain view | ||||||
6 | stating that the
property is a day care center.
| ||||||
7 | (b) The following factors may be considered by the court as
| ||||||
8 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
9 | upon any offender:
| ||||||
10 | (1) When a defendant is convicted of any felony, after | ||||||
11 | having
been previously convicted in Illinois or any other | ||||||
12 | jurisdiction of the
same or similar class felony or greater | ||||||
13 | class felony, when such conviction
has occurred within 10 | ||||||
14 | years after the
previous conviction, excluding time spent | ||||||
15 | in custody, and such charges are
separately brought and | ||||||
16 | tried and arise out of different series of acts; or
| ||||||
17 | (2) When a defendant is convicted of any felony and the | ||||||
18 | court
finds that the offense was accompanied by | ||||||
19 | exceptionally brutal
or heinous behavior indicative of | ||||||
20 | wanton cruelty; or
| ||||||
21 | (3) When a defendant is convicted of voluntary | ||||||
22 | manslaughter, second
degree murder, involuntary | ||||||
23 | manslaughter or reckless homicide in which the
defendant | ||||||
24 | has been convicted of causing the death of more than one | ||||||
25 | individual; or
| ||||||
26 | (4) When a defendant is convicted of any felony |
| |||||||
| |||||||
1 | committed against:
| ||||||
2 | (i) a person under 12 years of age at the time of | ||||||
3 | the offense or such
person's property;
| ||||||
4 | (ii) (blank)
a person 60 years of age or older at | ||||||
5 | the time of the offense or
such person's property ; or
| ||||||
6 | (iii) a person physically handicapped at the time | ||||||
7 | of the offense or
such person's property; or
| ||||||
8 | (5) In the case of a defendant convicted of aggravated | ||||||
9 | criminal sexual
assault or criminal sexual assault, when | ||||||
10 | the court finds that
aggravated criminal sexual assault or | ||||||
11 | criminal sexual assault
was also committed on the same | ||||||
12 | victim by one or more other individuals,
and the defendant | ||||||
13 | voluntarily participated in the crime with the knowledge
of | ||||||
14 | the participation of the others in the crime, and the | ||||||
15 | commission of the
crime was part of a single course of | ||||||
16 | conduct during which there was no
substantial change in the | ||||||
17 | nature of the criminal objective; or
| ||||||
18 | (6) When a defendant is convicted of any felony and the | ||||||
19 | offense
involved any of the following types of specific | ||||||
20 | misconduct committed as
part of a ceremony, rite, | ||||||
21 | initiation, observance, performance, practice or
activity | ||||||
22 | of any actual or ostensible religious, fraternal, or social | ||||||
23 | group:
| ||||||
24 | (i) the brutalizing or torturing of humans or | ||||||
25 | animals;
| ||||||
26 | (ii) the theft of human corpses;
|
| |||||||
| |||||||
1 | (iii) the kidnapping of humans;
| ||||||
2 | (iv) the desecration of any cemetery, religious, | ||||||
3 | fraternal, business,
governmental, educational, or | ||||||
4 | other building or property; or
| ||||||
5 | (v) ritualized abuse of a child; or
| ||||||
6 | (7) When a defendant is convicted of first degree | ||||||
7 | murder, after having
been previously convicted in Illinois | ||||||
8 | of any offense listed under paragraph
(c)(2) of Section | ||||||
9 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
10 | after the previous conviction, excluding time spent in | ||||||
11 | custody,
and such charges are separately brought and tried | ||||||
12 | and arise out of
different series of acts; or
| ||||||
13 | (8) When a defendant is convicted of a felony other | ||||||
14 | than conspiracy and
the court finds that
the felony was | ||||||
15 | committed under an agreement with 2 or more other persons
| ||||||
16 | to commit that offense and the defendant, with respect to | ||||||
17 | the other
individuals, occupied a position of organizer, | ||||||
18 | supervisor, financier, or any
other position of management | ||||||
19 | or leadership, and the court further finds that
the felony | ||||||
20 | committed was related to or in furtherance of the criminal
| ||||||
21 | activities of an organized gang or was motivated by the | ||||||
22 | defendant's leadership
in an organized gang; or
| ||||||
23 | (9) When a defendant is convicted of a felony violation | ||||||
24 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
25 | finds that the defendant is a member
of an organized gang; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (10) When a defendant committed the offense using a | ||||||
2 | firearm with a
laser sight attached to it. For purposes of | ||||||
3 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
4 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
5 | (11) When a defendant who was at least 17 years of age | ||||||
6 | at the
time of
the commission of the offense is convicted | ||||||
7 | of a felony and has been previously
adjudicated a | ||||||
8 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
9 | an act
that if committed by an adult would be a Class X or | ||||||
10 | Class 1 felony when the
conviction has occurred within 10 | ||||||
11 | years after the previous adjudication,
excluding time | ||||||
12 | spent in custody; or
| ||||||
13 | (12) When a defendant commits an offense involving the | ||||||
14 | illegal
manufacture of a controlled substance under | ||||||
15 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
16 | illegal manufacture of methamphetamine under Section 25 of | ||||||
17 | the Methamphetamine Control and Community Protection Act, | ||||||
18 | or the illegal possession of explosives and an
emergency | ||||||
19 | response
officer in
the performance of his or her duties is
| ||||||
20 | killed or injured at the scene of the offense while | ||||||
21 | responding to the
emergency caused by the commission of the | ||||||
22 | offense.
In this paragraph (12),
"emergency" means a | ||||||
23 | situation in which a person's life, health, or safety is
in | ||||||
24 | jeopardy; and
"emergency response officer" means a peace | ||||||
25 | officer, community policing
volunteer, fireman, emergency | ||||||
26 | medical
technician-ambulance, emergency medical |
| |||||||
| |||||||
1 | technician-intermediate, emergency
medical | ||||||
2 | technician-paramedic, ambulance
driver, other medical | ||||||
3 | assistance or first aid personnel, or hospital emergency
| ||||||
4 | room personnel; or
| ||||||
5 | (13) When a defendant commits any felony and the | ||||||
6 | defendant used, possessed, exercised control over, or | ||||||
7 | otherwise directed an animal to assault a law enforcement | ||||||
8 | officer engaged in the execution of his or her official | ||||||
9 | duties or in furtherance of the criminal activities of an | ||||||
10 | organized gang in which the defendant is engaged.
| ||||||
11 | (b-1) For the purposes of this Section, "organized gang" | ||||||
12 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
13 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
14 | (c) The court may impose an extended term sentence under | ||||||
15 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
16 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
17 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
18 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
19 | age at the time of the commission
of the offense.
| ||||||
20 | (d) The court may impose an extended term sentence under | ||||||
21 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
22 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
23 | for possessing a weapon that is not readily
distinguishable as | ||||||
24 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
25 | Code of 1961.
| ||||||
26 | (e) The court shall impose an extended term sentence under |
| |||||||
| |||||||
1 | Section 5-8-2 upon any offender who is convicted of any felony | ||||||
2 | committed against a person 60 years of age or older at the time | ||||||
3 | of the offense or
such person's property.
| ||||||
4 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
5 | eff. 9-11-05; 94-819, eff. 5-31-06.)
|