Rep. Fred Crespo
Filed: 5/1/2007
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1 | AMENDMENT TO HOUSE BILL 3477
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2 | AMENDMENT NO. ______. Amend House Bill 3477, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Code of 1961 is amended by adding | ||||||
6 | Section 16D-5.5 as follows: | ||||||
7 | (720 ILCS 5/16D-5.5 new) | ||||||
8 | Sec. 16D-5.5. Unlawful use of encryption. | ||||||
9 | (a) For the purpose of this Section: | ||||||
10 | "Access" means to intercept, instruct, communicate | ||||||
11 | with, store data in, retrieve from, or otherwise make use | ||||||
12 | of any resources of a computer, network, or data. | ||||||
13 | "Computer" means an electronic device which performs | ||||||
14 | logical, arithmetic, and memory functions by manipulations | ||||||
15 | of electronic or magnetic impulses and includes all | ||||||
16 | equipment related to the computer in a system or network. |
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1 | "Computer contaminant" means any data, information, | ||||||
2 | image, program, signal, or sound that is designated or has | ||||||
3 | the capability to: (1) contaminate, corrupt, consume, | ||||||
4 | damage, destroy, disrupt, modify, record, or transmit; or | ||||||
5 | (2) cause to be contaminated, corrupted, consumed, | ||||||
6 | damaged, destroyed, disrupted, modified, recorded, or | ||||||
7 | transmitted, any other data, information, image, program, | ||||||
8 | signal, or sound contained in a computer, system, or | ||||||
9 | network without the knowledge or consent of the person who | ||||||
10 | owns the other data, information, image, program, signal, | ||||||
11 | or sound or the computer, system, or network. | ||||||
12 | "Computer contaminant" includes, without limitation: | ||||||
13 | (1) a virus, worm, or Trojan horse; (2) spyware that tracks | ||||||
14 | computer activity and is capable of recording and | ||||||
15 | transmitting such information to third parties; or (3) any | ||||||
16 | other similar data, information, image, program, signal, | ||||||
17 | or sound that is designed or has the capability to prevent, | ||||||
18 | impede, delay, or disrupt the normal operation or use of | ||||||
19 | any component, device, equipment, system, or network. | ||||||
20 | "Data" means a representation in any form of | ||||||
21 | information, knowledge, facts, concepts, or instructions | ||||||
22 | which is being prepared or has been formally prepared and | ||||||
23 | is intended to be processed, is being processed or has been | ||||||
24 | processed in a system or network. | ||||||
25 | "Encryption" means the use of any protective or | ||||||
26 | disruptive measure, including, without limitation, |
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1 | cryptography, enciphering, encoding, or a computer | ||||||
2 | contaminant, to: (1) prevent, impede, delay, or disrupt | ||||||
3 | access to any data, information, image, program, signal, or | ||||||
4 | sound; (2) cause or make any data, information, image, | ||||||
5 | program, signal, or sound unintelligible or unusable; or | ||||||
6 | (3) prevent, impede, delay, or disrupt the normal operation | ||||||
7 | or use of any component, device, equipment, system, or | ||||||
8 | network. | ||||||
9 | "Network" means a set of related, remotely connected | ||||||
10 | devices and facilities, including more than one system, | ||||||
11 | with the capability to transmit data among any of the | ||||||
12 | devices and facilities. The term includes, without | ||||||
13 | limitation, a local, regional, or global computer network. | ||||||
14 | "Program" means an ordered set of data representing | ||||||
15 | coded instructions or statements which can be executed by a | ||||||
16 | computer and cause the computer to perform one or more | ||||||
17 | tasks. | ||||||
18 | "System" means a set of related equipment, whether or | ||||||
19 | not connected, which is used with or for a computer. | ||||||
20 | (b) A person shall not knowingly use or attempt to use | ||||||
21 | encryption, directly or indirectly, to: | ||||||
22 | (1) commit, facilitate, further, or promote any | ||||||
23 | criminal offense; | ||||||
24 | (2) aid, assist, or encourage another person to commit | ||||||
25 | any criminal offense; | ||||||
26 | (3) conceal evidence of the commission of any criminal |
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1 | offense; or | ||||||
2 | (4) conceal or protect the identity of a person who has | ||||||
3 | committed any criminal offense. | ||||||
4 | (c) Sentence. A person who violates this Section is guilty | ||||||
5 | of a Class A misdemeanor, unless the encryption was used or | ||||||
6 | attempted to be used to commit an offense for which a greater | ||||||
7 | penalty is provided by law. If the encryption was used or | ||||||
8 | attempted to be used to commit an offense for which a greater | ||||||
9 | penalty is provided by law, the person shall be punished as | ||||||
10 | prescribed by law for that offense. | ||||||
11 | (d) A person who violates this Section commits a criminal | ||||||
12 | offense that is separate and distinct from any other criminal | ||||||
13 | offense and may be prosecuted and convicted under this Section | ||||||
14 | whether or not the person or any other person is or has been | ||||||
15 | prosecuted or convicted for any other criminal offense arising | ||||||
16 | out of the same facts as the violation of this Section.
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17 | Section 10. The Unified Code of Corrections is amended by | ||||||
18 | changing Section 5-5-3.2 as follows:
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19 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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20 | Sec. 5-5-3.2. Factors in Aggravation.
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21 | (a) The following factors shall be accorded weight in favor | ||||||
22 | of
imposing a term of imprisonment or may be considered by the | ||||||
23 | court as reasons
to impose a more severe sentence under Section | ||||||
24 | 5-8-1:
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1 | (1) the defendant's conduct caused or threatened | ||||||
2 | serious harm;
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3 | (2) the defendant received compensation for committing | ||||||
4 | the offense;
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5 | (3) the defendant has a history of prior delinquency or | ||||||
6 | criminal activity;
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7 | (4) the defendant, by the duties of his office or by | ||||||
8 | his position,
was obliged to prevent the particular offense | ||||||
9 | committed or to bring
the offenders committing it to | ||||||
10 | justice;
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11 | (5) the defendant held public office at the time of the | ||||||
12 | offense,
and the offense related to the conduct of that | ||||||
13 | office;
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14 | (6) the defendant utilized his professional reputation | ||||||
15 | or
position in the community to commit the offense, or to | ||||||
16 | afford
him an easier means of committing it;
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17 | (7) the sentence is necessary to deter others from | ||||||
18 | committing
the same crime;
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19 | (8) the defendant committed the offense against a | ||||||
20 | person 60 years of age
or older or such person's property;
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21 | (9) the defendant committed the offense against a | ||||||
22 | person who is
physically handicapped or such person's | ||||||
23 | property;
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24 | (10) by reason of another individual's actual or | ||||||
25 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
26 | sexual orientation, physical or mental
disability, or |
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1 | national origin, the defendant committed the offense | ||||||
2 | against (i)
the person or property
of that individual; (ii) | ||||||
3 | the person or property of a person who has an
association | ||||||
4 | with, is married to, or has a friendship with the other | ||||||
5 | individual;
or (iii) the person or property of a relative | ||||||
6 | (by blood or marriage) of a
person described in clause (i) | ||||||
7 | or (ii). For the purposes of this Section,
"sexual | ||||||
8 | orientation" means heterosexuality, homosexuality, or | ||||||
9 | bisexuality;
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10 | (11) the offense took place in a place of worship or on | ||||||
11 | the
grounds of a place of worship, immediately prior to, | ||||||
12 | during or immediately
following worship services. For | ||||||
13 | purposes of this subparagraph, "place of
worship" shall | ||||||
14 | mean any church, synagogue or other building, structure or
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15 | place used primarily for religious worship;
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16 | (12) the defendant was convicted of a felony committed | ||||||
17 | while he was
released on bail or his own recognizance | ||||||
18 | pending trial for a prior felony
and was convicted of such | ||||||
19 | prior felony, or the defendant was convicted of a
felony | ||||||
20 | committed while he was serving a period of probation,
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21 | conditional discharge, or mandatory supervised release | ||||||
22 | under subsection (d)
of Section 5-8-1
for a prior felony;
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23 | (13) the defendant committed or attempted to commit a | ||||||
24 | felony while he
was wearing a bulletproof vest. For the | ||||||
25 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
26 | device which is designed for the purpose of
protecting the |
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1 | wearer from bullets, shot or other lethal projectiles;
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2 | (14) the defendant held a position of trust or | ||||||
3 | supervision such as, but
not limited to, family member as | ||||||
4 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
5 | teacher, scout leader, baby sitter, or day care worker, in
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6 | relation to a victim under 18 years of age, and the | ||||||
7 | defendant committed an
offense in violation of Section | ||||||
8 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
9 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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10 | against
that victim;
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11 | (15) the defendant committed an offense related to the | ||||||
12 | activities of an
organized gang. For the purposes of this | ||||||
13 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
14 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
15 | Act;
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16 | (16) the defendant committed an offense in violation of | ||||||
17 | one of the
following Sections while in a school, regardless | ||||||
18 | of the time of day or time of
year; on any conveyance | ||||||
19 | owned, leased, or contracted by a school to transport
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20 | students to or from school or a school related activity; on | ||||||
21 | the real property
of a school; or on a public way within | ||||||
22 | 1,000 feet of the real property
comprising any school: | ||||||
23 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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24 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
25 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
26 | 33A-2 of the Criminal Code of
1961;
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1 | (16.5) the defendant committed an offense in violation | ||||||
2 | of one of the
following Sections while in a day care | ||||||
3 | center, regardless of the time of day or
time of year; on | ||||||
4 | the real property of a day care center, regardless of the | ||||||
5 | time
of day or time of year; or on a public
way within | ||||||
6 | 1,000 feet of the real property comprising any day care | ||||||
7 | center,
regardless of the time of day or time of year:
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8 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
9 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
10 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
11 | 33A-2 of the Criminal
Code of 1961;
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12 | (17) the defendant committed the offense by reason of | ||||||
13 | any person's
activity as a community policing volunteer or | ||||||
14 | to prevent any person from
engaging in activity as a | ||||||
15 | community policing volunteer. For the purpose of
this | ||||||
16 | Section, "community policing volunteer" has the meaning | ||||||
17 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
18 | 1961;
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19 | (18) the defendant committed the offense in a nursing | ||||||
20 | home or on the
real
property comprising a nursing home. For | ||||||
21 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
22 | skilled nursing
or intermediate long term care facility | ||||||
23 | that is subject to license by the
Illinois Department of | ||||||
24 | Public Health under the Nursing Home Care
Act;
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25 | (19) the defendant was a federally licensed firearm | ||||||
26 | dealer
and
was
previously convicted of a violation of |
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1 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
2 | Identification Card Act and has now committed either a | ||||||
3 | felony
violation
of the Firearm Owners Identification Card | ||||||
4 | Act or an act of armed violence while
armed
with a firearm; | ||||||
5 | (20) the defendant (i) committed the offense of | ||||||
6 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
7 | 1961 or the offense of driving under the influence of | ||||||
8 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
9 | compounds or any combination thereof under Section 11-501 | ||||||
10 | of the Illinois Vehicle Code or a similar provision of a | ||||||
11 | local ordinance and (ii) was operating a motor vehicle in | ||||||
12 | excess of 20 miles per hour over the posted speed limit as | ||||||
13 | provided in Article VI of Chapter 11 of the Illinois | ||||||
14 | Vehicle Code; or
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15 | (21) the defendant (i) committed the offense of | ||||||
16 | reckless driving or aggravated reckless driving under | ||||||
17 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
18 | operating a motor vehicle in excess of 20 miles per hour | ||||||
19 | over the posted speed limit as provided in Article VI of | ||||||
20 | Chapter 11 of the Illinois Vehicle Code ; or
. | ||||||
21 | (22) the defendant committed any offense under Section | ||||||
22 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
23 | more images.
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24 | For the purposes of this Section:
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25 | "School" is defined as a public or private
elementary or | ||||||
26 | secondary school, community college, college, or university.
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1 | "Day care center" means a public or private State certified | ||||||
2 | and
licensed day care center as defined in Section 2.09 of the | ||||||
3 | Child Care Act of
1969 that displays a sign in plain view | ||||||
4 | stating that the
property is a day care center.
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5 | (b) The following factors may be considered by the court as
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6 | reasons to impose an extended term sentence under Section 5-8-2
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7 | upon any offender:
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8 | (1) When a defendant is convicted of any felony, after | ||||||
9 | having
been previously convicted in Illinois or any other | ||||||
10 | jurisdiction of the
same or similar class felony or greater | ||||||
11 | class felony, when such conviction
has occurred within 10 | ||||||
12 | years after the
previous conviction, excluding time spent | ||||||
13 | in custody, and such charges are
separately brought and | ||||||
14 | tried and arise out of different series of acts; or
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15 | (2) When a defendant is convicted of any felony and the | ||||||
16 | court
finds that the offense was accompanied by | ||||||
17 | exceptionally brutal
or heinous behavior indicative of | ||||||
18 | wanton cruelty; or
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19 | (3) When a defendant is convicted of voluntary | ||||||
20 | manslaughter, second
degree murder, involuntary | ||||||
21 | manslaughter or reckless homicide in which the
defendant | ||||||
22 | has been convicted of causing the death of more than one | ||||||
23 | individual; or
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24 | (4) When a defendant is convicted of any felony | ||||||
25 | committed against:
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26 | (i) a person under 12 years of age at the time of |
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1 | the offense or such
person's property;
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2 | (ii) a person 60 years of age or older at the time | ||||||
3 | of the offense or
such person's property; or
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4 | (iii) a person physically handicapped at the time | ||||||
5 | of the offense or
such person's property; or
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6 | (5) In the case of a defendant convicted of aggravated | ||||||
7 | criminal sexual
assault or criminal sexual assault, when | ||||||
8 | the court finds that
aggravated criminal sexual assault or | ||||||
9 | criminal sexual assault
was also committed on the same | ||||||
10 | victim by one or more other individuals,
and the defendant | ||||||
11 | voluntarily participated in the crime with the knowledge
of | ||||||
12 | the participation of the others in the crime, and the | ||||||
13 | commission of the
crime was part of a single course of | ||||||
14 | conduct during which there was no
substantial change in the | ||||||
15 | nature of the criminal objective; or
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16 | (6) When a defendant is convicted of any felony and the | ||||||
17 | offense
involved any of the following types of specific | ||||||
18 | misconduct committed as
part of a ceremony, rite, | ||||||
19 | initiation, observance, performance, practice or
activity | ||||||
20 | of any actual or ostensible religious, fraternal, or social | ||||||
21 | group:
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22 | (i) the brutalizing or torturing of humans or | ||||||
23 | animals;
| ||||||
24 | (ii) the theft of human corpses;
| ||||||
25 | (iii) the kidnapping of humans;
| ||||||
26 | (iv) the desecration of any cemetery, religious, |
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1 | fraternal, business,
governmental, educational, or | ||||||
2 | other building or property; or
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3 | (v) ritualized abuse of a child; or
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4 | (7) When a defendant is convicted of first degree | ||||||
5 | murder, after having
been previously convicted in Illinois | ||||||
6 | of any offense listed under paragraph
(c)(2) of Section | ||||||
7 | 5-5-3, when such conviction has occurred within 10 years
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8 | after the previous conviction, excluding time spent in | ||||||
9 | custody,
and such charges are separately brought and tried | ||||||
10 | and arise out of
different series of acts; or
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11 | (8) When a defendant is convicted of a felony other | ||||||
12 | than conspiracy and
the court finds that
the felony was | ||||||
13 | committed under an agreement with 2 or more other persons
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14 | to commit that offense and the defendant, with respect to | ||||||
15 | the other
individuals, occupied a position of organizer, | ||||||
16 | supervisor, financier, or any
other position of management | ||||||
17 | or leadership, and the court further finds that
the felony | ||||||
18 | committed was related to or in furtherance of the criminal
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19 | activities of an organized gang or was motivated by the | ||||||
20 | defendant's leadership
in an organized gang; or
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21 | (9) When a defendant is convicted of a felony violation | ||||||
22 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
23 | finds that the defendant is a member
of an organized gang; | ||||||
24 | or
| ||||||
25 | (10) When a defendant committed the offense using a | ||||||
26 | firearm with a
laser sight attached to it. For purposes of |
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1 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
2 | to it in Section 24.6-5 of the Criminal Code of
1961; or
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3 | (11) When a defendant who was at least 17 years of age | ||||||
4 | at the
time of
the commission of the offense is convicted | ||||||
5 | of a felony and has been previously
adjudicated a | ||||||
6 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
7 | an act
that if committed by an adult would be a Class X or | ||||||
8 | Class 1 felony when the
conviction has occurred within 10 | ||||||
9 | years after the previous adjudication,
excluding time | ||||||
10 | spent in custody; or
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11 | (12) When a defendant commits an offense involving the | ||||||
12 | illegal
manufacture of a controlled substance under | ||||||
13 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
14 | illegal manufacture of methamphetamine under Section 25 of | ||||||
15 | the Methamphetamine Control and Community Protection Act, | ||||||
16 | or the illegal possession of explosives and an
emergency | ||||||
17 | response
officer in
the performance of his or her duties is
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18 | killed or injured at the scene of the offense while | ||||||
19 | responding to the
emergency caused by the commission of the | ||||||
20 | offense.
In this paragraph (12),
"emergency" means a | ||||||
21 | situation in which a person's life, health, or safety is
in | ||||||
22 | jeopardy; and
"emergency response officer" means a peace | ||||||
23 | officer, community policing
volunteer, fireman, emergency | ||||||
24 | medical
technician-ambulance, emergency medical | ||||||
25 | technician-intermediate, emergency
medical | ||||||
26 | technician-paramedic, ambulance
driver, other medical |
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1 | assistance or first aid personnel, or hospital emergency
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2 | room personnel; or
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3 | (13) When a defendant commits any felony and the | ||||||
4 | defendant used, possessed, exercised control over, or | ||||||
5 | otherwise directed an animal to assault a law enforcement | ||||||
6 | officer engaged in the execution of his or her official | ||||||
7 | duties or in furtherance of the criminal activities of an | ||||||
8 | organized gang in which the defendant is engaged.
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9 | (b-1) For the purposes of this Section, "organized gang" | ||||||
10 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
11 | Streetgang Terrorism Omnibus
Prevention Act.
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12 | (c) The court may impose an extended term sentence under | ||||||
13 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
14 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
15 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
16 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
17 | age at the time of the commission
of the offense.
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18 | (d) The court may impose an extended term sentence under | ||||||
19 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
20 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
21 | for possessing a weapon that is not readily
distinguishable as | ||||||
22 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
23 | Code of 1961.
| ||||||
24 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
25 | eff. 9-11-05; 94-819, eff. 5-31-06.)".
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