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1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing Section 5-5-3.2 as follows:
| ||||||||||||||||||||||||
6 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 95-569 ) | ||||||||||||||||||||||||
8 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||||||||||||||||||||
9 | (a) The following factors shall be accorded weight in favor | ||||||||||||||||||||||||
10 | of
imposing a term of imprisonment or may be considered by the | ||||||||||||||||||||||||
11 | court as reasons
to impose a more severe sentence under Section | ||||||||||||||||||||||||
12 | 5-8-1:
| ||||||||||||||||||||||||
13 | (1) the defendant's conduct caused or threatened | ||||||||||||||||||||||||
14 | serious harm;
| ||||||||||||||||||||||||
15 | (2) the defendant received compensation for committing | ||||||||||||||||||||||||
16 | the offense;
| ||||||||||||||||||||||||
17 | (3) the defendant has a history of prior delinquency or | ||||||||||||||||||||||||
18 | criminal activity;
| ||||||||||||||||||||||||
19 | (4) the defendant, by the duties of his office or by | ||||||||||||||||||||||||
20 | his position,
was obliged to prevent the particular offense | ||||||||||||||||||||||||
21 | committed or to bring
the offenders committing it to | ||||||||||||||||||||||||
22 | justice;
| ||||||||||||||||||||||||
23 | (5) the defendant held public office at the time of the |
| |||||||
| |||||||
1 | offense,
and the offense related to the conduct of that | ||||||
2 | office;
| ||||||
3 | (6) the defendant utilized his professional reputation | ||||||
4 | or
position in the community to commit the offense, or to | ||||||
5 | afford
him an easier means of committing it;
| ||||||
6 | (7) the sentence is necessary to deter others from | ||||||
7 | committing
the same crime;
| ||||||
8 | (8) the defendant committed the offense against a | ||||||
9 | person 60 years of age
or older or such person's property;
| ||||||
10 | (9) the defendant committed the offense against a | ||||||
11 | person who is
physically handicapped or such person's | ||||||
12 | property;
| ||||||
13 | (10) by reason of another individual's actual or | ||||||
14 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
15 | sexual orientation, physical or mental
disability, or | ||||||
16 | national origin, the defendant committed the offense | ||||||
17 | against (i)
the person or property
of that individual; (ii) | ||||||
18 | the person or property of a person who has an
association | ||||||
19 | with, is married to, or has a friendship with the other | ||||||
20 | individual;
or (iii) the person or property of a relative | ||||||
21 | (by blood or marriage) of a
person described in clause (i) | ||||||
22 | or (ii). For the purposes of this Section,
"sexual | ||||||
23 | orientation" means heterosexuality, homosexuality, or | ||||||
24 | bisexuality;
| ||||||
25 | (11) the offense took place in a place of worship or on | ||||||
26 | the
grounds of a place of worship, immediately prior to, |
| |||||||
| |||||||
1 | during or immediately
following worship services. For | ||||||
2 | purposes of this subparagraph, "place of
worship" shall | ||||||
3 | mean any church, synagogue or other building, structure or
| ||||||
4 | place used primarily for religious worship;
| ||||||
5 | (12) the defendant was convicted of a felony committed | ||||||
6 | while he was
released on bail or his own recognizance | ||||||
7 | pending trial for a prior felony
and was convicted of such | ||||||
8 | prior felony, or the defendant was convicted of a
felony | ||||||
9 | committed while he was serving a period of probation,
| ||||||
10 | conditional discharge, or mandatory supervised release | ||||||
11 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
12 | (13) the defendant committed or attempted to commit a | ||||||
13 | felony while he
was wearing a bulletproof vest. For the | ||||||
14 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
15 | device which is designed for the purpose of
protecting the | ||||||
16 | wearer from bullets, shot or other lethal projectiles;
| ||||||
17 | (14) the defendant held a position of trust or | ||||||
18 | supervision such as, but
not limited to, family member as | ||||||
19 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
20 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
21 | relation to a victim under 18 years of age, and the | ||||||
22 | defendant committed an
offense in violation of Section | ||||||
23 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
24 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
25 | against
that victim;
| ||||||
26 | (15) the defendant committed an offense related to the |
| |||||||
| |||||||
1 | activities of an
organized gang. For the purposes of this | ||||||
2 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
3 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
4 | Act;
| ||||||
5 | (16) the defendant committed an offense in violation of | ||||||
6 | one of the
following Sections while in a school, regardless | ||||||
7 | of the time of day or time of
year; on any conveyance | ||||||
8 | owned, leased, or contracted by a school to transport
| ||||||
9 | students to or from school or a school related activity; on | ||||||
10 | the real property
of a school; or on a public way within | ||||||
11 | 1,000 feet of the real property
comprising any school: | ||||||
12 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
13 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
14 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
15 | 33A-2 of the Criminal Code of
1961;
| ||||||
16 | (16.5) the defendant committed an offense in violation | ||||||
17 | of one of the
following Sections while in a day care | ||||||
18 | center, regardless of the time of day or
time of year; on | ||||||
19 | the real property of a day care center, regardless of the | ||||||
20 | time
of day or time of year; or on a public
way within | ||||||
21 | 1,000 feet of the real property comprising any day care | ||||||
22 | center,
regardless of the time of day or time of year:
| ||||||
23 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
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;
|
| |||||||
| |||||||
1 | (17) the defendant committed the offense by reason of | ||||||
2 | any person's
activity as a community policing volunteer or | ||||||
3 | to prevent any person from
engaging in activity as a | ||||||
4 | community policing volunteer. For the purpose of
this | ||||||
5 | Section, "community policing volunteer" has the meaning | ||||||
6 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
7 | 1961;
| ||||||
8 | (18) the defendant committed the offense in a nursing | ||||||
9 | home or on the
real
property comprising a nursing home. For | ||||||
10 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
11 | skilled nursing
or intermediate long term care facility | ||||||
12 | that is subject to license by the
Illinois Department of | ||||||
13 | Public Health under the Nursing Home Care
Act;
| ||||||
14 | (19) the defendant was a federally licensed firearm | ||||||
15 | dealer
and
was
previously convicted of a violation of | ||||||
16 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
17 | Identification Card Act and has now committed either a | ||||||
18 | felony
violation
of the Firearm Owners Identification Card | ||||||
19 | Act or an act of armed violence while
armed
with a firearm; | ||||||
20 | (20) the defendant (i) committed the offense of | ||||||
21 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
22 | 1961 or the offense of driving under the influence of | ||||||
23 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
24 | compounds or any combination thereof under Section 11-501 | ||||||
25 | of the Illinois Vehicle Code or a similar provision of a | ||||||
26 | local ordinance and (ii) was operating a motor vehicle in |
| |||||||
| |||||||
1 | excess of 20 miles per hour over the posted speed limit as | ||||||
2 | provided in Article VI of Chapter 11 of the Illinois | ||||||
3 | Vehicle Code;
| ||||||
4 | (21) the defendant (i) committed the offense of | ||||||
5 | reckless driving or aggravated reckless driving under | ||||||
6 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
7 | operating a motor vehicle in excess of 20 miles per hour | ||||||
8 | over the posted speed limit as provided in Article VI of | ||||||
9 | Chapter 11 of the Illinois Vehicle Code; or | ||||||
10 | (22) the defendant committed the offense against a | ||||||
11 | person that the defendant knew, or reasonably should have | ||||||
12 | known, was a member of the Armed Forces of the United | ||||||
13 | States serving on active duty. For purposes of this clause | ||||||
14 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
15 | of the United States, including a member of any reserve | ||||||
16 | component thereof or National Guard unit called to active | ||||||
17 | duty.
| ||||||
18 | For the purposes of this Section:
| ||||||
19 | "School" is defined as a public or private
elementary or | ||||||
20 | secondary school, community college, college, or university.
| ||||||
21 | "Day care center" means a public or private State certified | ||||||
22 | and
licensed day care center as defined in Section 2.09 of the | ||||||
23 | Child Care Act of
1969 that displays a sign in plain view | ||||||
24 | stating that the
property is a day care center.
| ||||||
25 | (b) The following factors may be considered by the court as
| ||||||
26 | reasons to impose an extended term sentence under Section 5-8-2
|
| |||||||
| |||||||
1 | upon any offender:
| ||||||
2 | (1) When a defendant is convicted of any felony, after | ||||||
3 | having
been previously convicted in Illinois or any other | ||||||
4 | jurisdiction of the
same or similar class felony or greater | ||||||
5 | class felony, when such conviction
has occurred within 10 | ||||||
6 | years after the
previous conviction, excluding time spent | ||||||
7 | in custody, and such charges are
separately brought and | ||||||
8 | tried and arise out of different series of acts; or
| ||||||
9 | (2) When a defendant is convicted of any felony and the | ||||||
10 | court
finds that the offense was accompanied by | ||||||
11 | exceptionally brutal
or heinous behavior indicative of | ||||||
12 | wanton cruelty; or
| ||||||
13 | (3) When a defendant is convicted of voluntary | ||||||
14 | manslaughter, second
degree murder, involuntary | ||||||
15 | manslaughter or reckless homicide in which the
defendant | ||||||
16 | has been convicted of causing the death of more than one | ||||||
17 | individual; or
| ||||||
18 | (4) When a defendant is convicted of any felony | ||||||
19 | committed against:
| ||||||
20 | (i) a person under 12 years of age at the time of | ||||||
21 | the offense or such
person's property;
| ||||||
22 | (ii) a person 60 years of age or older at the time | ||||||
23 | of the offense or
such person's property; or
| ||||||
24 | (iii) a person physically handicapped at the time | ||||||
25 | of the offense or
such person's property; or
| ||||||
26 | (5) In the case of a defendant convicted of aggravated |
| |||||||
| |||||||
1 | criminal sexual
assault or criminal sexual assault, when | ||||||
2 | the court finds that
aggravated criminal sexual assault or | ||||||
3 | criminal sexual assault
was also committed on the same | ||||||
4 | victim by one or more other individuals,
and the defendant | ||||||
5 | voluntarily participated in the crime with the knowledge
of | ||||||
6 | the participation of the others in the crime, and the | ||||||
7 | commission of the
crime was part of a single course of | ||||||
8 | conduct during which there was no
substantial change in the | ||||||
9 | nature of the criminal objective; or
| ||||||
10 | (6) When a defendant is convicted of any felony and the | ||||||
11 | offense
involved any of the following types of specific | ||||||
12 | misconduct committed as
part of a ceremony, rite, | ||||||
13 | initiation, observance, performance, practice or
activity | ||||||
14 | of any actual or ostensible religious, fraternal, or social | ||||||
15 | group:
| ||||||
16 | (i) the brutalizing or torturing of humans or | ||||||
17 | animals;
| ||||||
18 | (ii) the theft of human corpses;
| ||||||
19 | (iii) the kidnapping of humans;
| ||||||
20 | (iv) the desecration of any cemetery, religious, | ||||||
21 | fraternal, business,
governmental, educational, or | ||||||
22 | other building or property; or
| ||||||
23 | (v) ritualized abuse of a child; or
| ||||||
24 | (7) When a defendant is convicted of first degree | ||||||
25 | murder, after having
been previously convicted in Illinois | ||||||
26 | of any offense listed under paragraph
(c)(2) of Section |
| |||||||
| |||||||
1 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
2 | after the previous conviction, excluding time spent in | ||||||
3 | custody,
and such charges are separately brought and tried | ||||||
4 | and arise out of
different series of acts; or
| ||||||
5 | (8) When a defendant is convicted of a felony other | ||||||
6 | than conspiracy and
the court finds that
the felony was | ||||||
7 | committed under an agreement with 2 or more other persons
| ||||||
8 | to commit that offense and the defendant, with respect to | ||||||
9 | the other
individuals, occupied a position of organizer, | ||||||
10 | supervisor, financier, or any
other position of management | ||||||
11 | or leadership, and the court further finds that
the felony | ||||||
12 | committed was related to or in furtherance of the criminal
| ||||||
13 | activities of an organized gang or was motivated by the | ||||||
14 | defendant's leadership
in an organized gang; or
| ||||||
15 | (9) When a defendant is convicted of a felony violation | ||||||
16 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
17 | finds that the defendant is a member
of an organized gang; | ||||||
18 | or
| ||||||
19 | (10) When a defendant committed the offense using a | ||||||
20 | firearm with a
laser sight attached to it. For purposes of | ||||||
21 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
22 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
23 | (11) When a defendant who was at least 17 years of age | ||||||
24 | at the
time of
the commission of the offense is convicted | ||||||
25 | of a felony and has been previously
adjudicated a | ||||||
26 | delinquent minor under the Juvenile Court Act of 1987 for |
| |||||||
| |||||||
1 | an act
that if committed by an adult would be a Class X or | ||||||
2 | Class 1 felony when the
conviction has occurred within 10 | ||||||
3 | years after the previous adjudication,
excluding time | ||||||
4 | spent in custody; or
| ||||||
5 | (12) When a defendant commits an offense involving the | ||||||
6 | illegal
manufacture of a controlled substance under | ||||||
7 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
8 | illegal manufacture of methamphetamine under Section 25 of | ||||||
9 | the Methamphetamine Control and Community Protection Act, | ||||||
10 | or the illegal possession of explosives and an
emergency | ||||||
11 | response
officer in
the performance of his or her duties is
| ||||||
12 | killed or injured at the scene of the offense while | ||||||
13 | responding to the
emergency caused by the commission of the | ||||||
14 | offense.
In this paragraph (12),
"emergency" means a | ||||||
15 | situation in which a person's life, health, or safety is
in | ||||||
16 | jeopardy; and
"emergency response officer" means a peace | ||||||
17 | officer, community policing
volunteer, fireman, emergency | ||||||
18 | medical
technician-ambulance, emergency medical | ||||||
19 | technician-intermediate, emergency
medical | ||||||
20 | technician-paramedic, ambulance
driver, other medical | ||||||
21 | assistance or first aid personnel, or hospital emergency
| ||||||
22 | room personnel; or
| ||||||
23 | (13) When a defendant commits any felony and the | ||||||
24 | defendant used, possessed, exercised control over, or | ||||||
25 | otherwise directed an animal to assault a law enforcement | ||||||
26 | officer engaged in the execution of his or her official |
| |||||||
| |||||||
1 | duties or in furtherance of the criminal activities of an | ||||||
2 | organized gang in which the defendant is engaged.
| ||||||
3 | (b-1) For the purposes of this Section, "organized gang" | ||||||
4 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
5 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
6 | (c) The court may impose an extended term sentence under | ||||||
7 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
8 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
9 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
10 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
11 | age at the time of the commission
of the offense.
| ||||||
12 | (d) The court may impose an extended term sentence under | ||||||
13 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
14 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
15 | for possessing a weapon that is not readily
distinguishable as | ||||||
16 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
17 | Code of 1961.
| ||||||
18 | (e) The court may impose an extended term sentence under | ||||||
19 | Section 5-8-2
upon an offender who has been convicted of first | ||||||
20 | degree murder when the
offender has previously been convicted | ||||||
21 | of domestic battery or aggravated
domestic battery committed | ||||||
22 | against the murdered individual or has
previously been | ||||||
23 | convicted of violation of an order of protection in which the
| ||||||
24 | murdered individual was the protected person.
| ||||||
25 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
26 | eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, |
| |||||||
| |||||||
1 | eff. 1-1-08; revised 11-19-07.)
| ||||||
2 | (Text of Section after amendment by P.A. 95-569 ) | ||||||
3 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
4 | (a) The following factors shall be accorded weight in favor | ||||||
5 | of
imposing a term of imprisonment or may be considered by the | ||||||
6 | court as reasons
to impose a more severe sentence under Section | ||||||
7 | 5-8-1:
| ||||||
8 | (1) the defendant's conduct caused or threatened | ||||||
9 | serious harm;
| ||||||
10 | (2) the defendant received compensation for committing | ||||||
11 | the offense;
| ||||||
12 | (3) the defendant has a history of prior delinquency or | ||||||
13 | criminal activity;
| ||||||
14 | (4) the defendant, by the duties of his office or by | ||||||
15 | his position,
was obliged to prevent the particular offense | ||||||
16 | committed or to bring
the offenders committing it to | ||||||
17 | justice;
| ||||||
18 | (5) the defendant held public office at the time of the | ||||||
19 | offense,
and the offense related to the conduct of that | ||||||
20 | office;
| ||||||
21 | (6) the defendant utilized his professional reputation | ||||||
22 | or
position in the community to commit the offense, or to | ||||||
23 | afford
him an easier means of committing it;
| ||||||
24 | (7) the sentence is necessary to deter others from | ||||||
25 | committing
the same crime;
|
| |||||||
| |||||||
1 | (8) the defendant committed the offense against a | ||||||
2 | person 60 years of age
or older or such person's property;
| ||||||
3 | (9) the defendant committed the offense against a | ||||||
4 | person who is
physically handicapped or such person's | ||||||
5 | property;
| ||||||
6 | (10) by reason of another individual's actual or | ||||||
7 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
8 | sexual orientation, physical or mental
disability, or | ||||||
9 | national origin, the defendant committed the offense | ||||||
10 | against (i)
the person or property
of that individual; (ii) | ||||||
11 | the person or property of a person who has an
association | ||||||
12 | with, is married to, or has a friendship with the other | ||||||
13 | individual;
or (iii) the person or property of a relative | ||||||
14 | (by blood or marriage) of a
person described in clause (i) | ||||||
15 | or (ii). For the purposes of this Section,
"sexual | ||||||
16 | orientation" means heterosexuality, homosexuality, or | ||||||
17 | bisexuality;
| ||||||
18 | (11) the offense took place in a place of worship or on | ||||||
19 | the
grounds of a place of worship, immediately prior to, | ||||||
20 | during or immediately
following worship services. For | ||||||
21 | purposes of this subparagraph, "place of
worship" shall | ||||||
22 | mean any church, synagogue or other building, structure or
| ||||||
23 | place used primarily for religious worship;
| ||||||
24 | (12) the defendant was convicted of a felony committed | ||||||
25 | while he was
released on bail or his own recognizance | ||||||
26 | pending trial for a prior felony
and was convicted of such |
| |||||||
| |||||||
1 | prior felony, or the defendant was convicted of a
felony | ||||||
2 | committed while he was serving a period of probation,
| ||||||
3 | conditional discharge, or mandatory supervised release | ||||||
4 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
5 | (13) the defendant committed or attempted to commit a | ||||||
6 | felony while he
was wearing a bulletproof vest. For the | ||||||
7 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
8 | device which is designed for the purpose of
protecting the | ||||||
9 | wearer from bullets, shot or other lethal projectiles;
| ||||||
10 | (14) the defendant held a position of trust or | ||||||
11 | supervision such as, but
not limited to, family member as | ||||||
12 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
13 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
14 | relation to a victim under 18 years of age, and the | ||||||
15 | defendant committed an
offense in violation of Section | ||||||
16 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
17 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
18 | against
that victim;
| ||||||
19 | (15) the defendant committed an offense related to the | ||||||
20 | activities of an
organized gang. For the purposes of this | ||||||
21 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
22 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
23 | Act;
| ||||||
24 | (16) the defendant committed an offense in violation of | ||||||
25 | one of the
following Sections while in a school, regardless | ||||||
26 | of the time of day or time of
year; on any conveyance |
| |||||||
| |||||||
1 | owned, leased, or contracted by a school to transport
| ||||||
2 | students to or from school or a school related activity; on | ||||||
3 | the real property
of a school; or on a public way within | ||||||
4 | 1,000 feet of the real property
comprising any school: | ||||||
5 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
6 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
7 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
8 | 33A-2 of the Criminal Code of
1961;
| ||||||
9 | (16.5) the defendant committed an offense in violation | ||||||
10 | of one of the
following Sections while in a day care | ||||||
11 | center, regardless of the time of day or
time of year; on | ||||||
12 | the real property of a day care center, regardless of the | ||||||
13 | time
of day or time of year; or on a public
way within | ||||||
14 | 1,000 feet of the real property comprising any day care | ||||||
15 | center,
regardless of the time of day or time of year:
| ||||||
16 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
17 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
18 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
19 | 33A-2 of the Criminal
Code of 1961;
| ||||||
20 | (17) the defendant committed the offense by reason of | ||||||
21 | any person's
activity as a community policing volunteer or | ||||||
22 | to prevent any person from
engaging in activity as a | ||||||
23 | community policing volunteer. For the purpose of
this | ||||||
24 | Section, "community policing volunteer" has the meaning | ||||||
25 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
26 | 1961;
|
| |||||||
| |||||||
1 | (18) the defendant committed the offense in a nursing | ||||||
2 | home or on the
real
property comprising a nursing home. For | ||||||
3 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
4 | skilled nursing
or intermediate long term care facility | ||||||
5 | that is subject to license by the
Illinois Department of | ||||||
6 | Public Health under the Nursing Home Care
Act;
| ||||||
7 | (19) the defendant was a federally licensed firearm | ||||||
8 | dealer
and
was
previously convicted of a violation of | ||||||
9 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
10 | Identification Card Act and has now committed either a | ||||||
11 | felony
violation
of the Firearm Owners Identification Card | ||||||
12 | Act or an act of armed violence while
armed
with a firearm; | ||||||
13 | (20) the defendant (i) committed the offense of | ||||||
14 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
15 | 1961 or the offense of driving under the influence of | ||||||
16 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
17 | compounds or any combination thereof under Section 11-501 | ||||||
18 | of the Illinois Vehicle Code or a similar provision of a | ||||||
19 | local ordinance and (ii) was operating a motor vehicle in | ||||||
20 | excess of 20 miles per hour over the posted speed limit as | ||||||
21 | provided in Article VI of Chapter 11 of the Illinois | ||||||
22 | Vehicle Code;
| ||||||
23 | (21) the defendant (i) committed the offense of | ||||||
24 | reckless driving or aggravated reckless driving under | ||||||
25 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
26 | operating a motor vehicle in excess of 20 miles per hour |
| |||||||
| |||||||
1 | over the posted speed limit as provided in Article VI of | ||||||
2 | Chapter 11 of the Illinois Vehicle Code; or | ||||||
3 | (22) the defendant committed the offense against a | ||||||
4 | person that the defendant knew, or reasonably should have | ||||||
5 | known, was a member of the Armed Forces of the United | ||||||
6 | States serving on active duty. For purposes of this clause | ||||||
7 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
8 | of the United States, including a member of any reserve | ||||||
9 | component thereof or National Guard unit called to active | ||||||
10 | duty ; or
.
| ||||||
11 | (23)
(22) the defendant committed the offense against a | ||||||
12 | person who was elderly, disabled, or infirm by taking | ||||||
13 | advantage of a family or fiduciary relationship with the | ||||||
14 | elderly, disabled, or infirm person.
| ||||||
15 | For the purposes of this Section:
| ||||||
16 | "School" is defined as a public or private
elementary or | ||||||
17 | secondary school, community college, college, or university.
| ||||||
18 | "Day care center" means a public or private State certified | ||||||
19 | and
licensed day care center as defined in Section 2.09 of the | ||||||
20 | Child Care Act of
1969 that displays a sign in plain view | ||||||
21 | stating that the
property is a day care center.
| ||||||
22 | (b) The following factors may be considered by the court as
| ||||||
23 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
24 | upon any offender:
| ||||||
25 | (1) When a defendant is convicted of any felony, after | ||||||
26 | having
been previously convicted in Illinois or any other |
| |||||||
| |||||||
1 | jurisdiction of the
same or similar class felony or greater | ||||||
2 | class felony, when such conviction
has occurred within 10 | ||||||
3 | years after the
previous conviction, excluding time spent | ||||||
4 | in custody, and such charges are
separately brought and | ||||||
5 | tried and arise out of different series of acts; or
| ||||||
6 | (2) When a defendant is convicted of any felony and the | ||||||
7 | court
finds that the offense was accompanied by | ||||||
8 | exceptionally brutal
or heinous behavior indicative of | ||||||
9 | wanton cruelty; or
| ||||||
10 | (3) When a defendant is convicted of voluntary | ||||||
11 | manslaughter, second
degree murder, involuntary | ||||||
12 | manslaughter or reckless homicide in which the
defendant | ||||||
13 | has been convicted of causing the death of more than one | ||||||
14 | individual; or
| ||||||
15 | (4) When a defendant is convicted of any felony | ||||||
16 | committed against:
| ||||||
17 | (i) a person under 12 years of age at the time of | ||||||
18 | the offense or such
person's property;
| ||||||
19 | (ii) a person 60 years of age or older at the time | ||||||
20 | of the offense or
such person's property; or
| ||||||
21 | (iii) a person physically handicapped at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (5) In the case of a defendant convicted of aggravated | ||||||
24 | criminal sexual
assault or criminal sexual assault, when | ||||||
25 | the court finds that
aggravated criminal sexual assault or | ||||||
26 | criminal sexual assault
was also committed on the same |
| |||||||
| |||||||
1 | victim by one or more other individuals,
and the defendant | ||||||
2 | voluntarily participated in the crime with the knowledge
of | ||||||
3 | the participation of the others in the crime, and the | ||||||
4 | commission of the
crime was part of a single course of | ||||||
5 | conduct during which there was no
substantial change in the | ||||||
6 | nature of the criminal objective; or
| ||||||
7 | (6) When a defendant is convicted of any felony and the | ||||||
8 | offense
involved any of the following types of specific | ||||||
9 | misconduct committed as
part of a ceremony, rite, | ||||||
10 | initiation, observance, performance, practice or
activity | ||||||
11 | of any actual or ostensible religious, fraternal, or social | ||||||
12 | group:
| ||||||
13 | (i) the brutalizing or torturing of humans or | ||||||
14 | animals;
| ||||||
15 | (ii) the theft of human corpses;
| ||||||
16 | (iii) the kidnapping of humans;
| ||||||
17 | (iv) the desecration of any cemetery, religious, | ||||||
18 | fraternal, business,
governmental, educational, or | ||||||
19 | other building or property; or
| ||||||
20 | (v) ritualized abuse of a child; or
| ||||||
21 | (7) When a defendant is convicted of first degree | ||||||
22 | murder, after having
been previously convicted in Illinois | ||||||
23 | of any offense listed under paragraph
(c)(2) of Section | ||||||
24 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
25 | after the previous conviction, excluding time spent in | ||||||
26 | custody,
and such charges are separately brought and tried |
| |||||||
| |||||||
1 | and arise out of
different series of acts; or
| ||||||
2 | (8) When a defendant is convicted of a felony other | ||||||
3 | than conspiracy and
the court finds that
the felony was | ||||||
4 | committed under an agreement with 2 or more other persons
| ||||||
5 | to commit that offense and the defendant, with respect to | ||||||
6 | the other
individuals, occupied a position of organizer, | ||||||
7 | supervisor, financier, or any
other position of management | ||||||
8 | or leadership, and the court further finds that
the felony | ||||||
9 | committed was related to or in furtherance of the criminal
| ||||||
10 | activities of an organized gang or was motivated by the | ||||||
11 | defendant's leadership
in an organized gang; or
| ||||||
12 | (9) When a defendant is convicted of a felony violation | ||||||
13 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
14 | finds that the defendant is a member
of an organized gang; | ||||||
15 | or
| ||||||
16 | (10) When a defendant committed the offense using a | ||||||
17 | firearm with a
laser sight attached to it. For purposes of | ||||||
18 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
19 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
20 | (11) When a defendant who was at least 17 years of age | ||||||
21 | at the
time of
the commission of the offense is convicted | ||||||
22 | of a felony and has been previously
adjudicated a | ||||||
23 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
24 | an act
that if committed by an adult would be a Class X or | ||||||
25 | Class 1 felony when the
conviction has occurred within 10 | ||||||
26 | years after the previous adjudication,
excluding time |
| |||||||
| |||||||
1 | spent in custody; or
| ||||||
2 | (12) When a defendant commits an offense involving the | ||||||
3 | illegal
manufacture of a controlled substance under | ||||||
4 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
5 | illegal manufacture of methamphetamine under Section 25 of | ||||||
6 | the Methamphetamine Control and Community Protection Act, | ||||||
7 | or the illegal possession of explosives and an
emergency | ||||||
8 | response
officer in
the performance of his or her duties is
| ||||||
9 | killed or injured at the scene of the offense while | ||||||
10 | responding to the
emergency caused by the commission of the | ||||||
11 | offense.
In this paragraph (12),
"emergency" means a | ||||||
12 | situation in which a person's life, health, or safety is
in | ||||||
13 | jeopardy; and
"emergency response officer" means a peace | ||||||
14 | officer, community policing
volunteer, fireman, emergency | ||||||
15 | medical
technician-ambulance, emergency medical | ||||||
16 | technician-intermediate, emergency
medical | ||||||
17 | technician-paramedic, ambulance
driver, other medical | ||||||
18 | assistance or first aid personnel, or hospital emergency
| ||||||
19 | room personnel; or
| ||||||
20 | (13) When a defendant commits any felony and the | ||||||
21 | defendant used, possessed, exercised control over, or | ||||||
22 | otherwise directed an animal to assault a law enforcement | ||||||
23 | officer engaged in the execution of his or her official | ||||||
24 | duties or in furtherance of the criminal activities of an | ||||||
25 | organized gang in which the defendant is engaged.
| ||||||
26 | (b-1) For the purposes of this Section, "organized gang" |
| |||||||
| |||||||
1 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
2 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
3 | (c) The court may impose an extended term sentence under | ||||||
4 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
5 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
6 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
7 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
8 | age at the time of the commission
of the offense.
| ||||||
9 | (d) The court may impose an extended term sentence under | ||||||
10 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
11 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
12 | for possessing a weapon that is not readily
distinguishable as | ||||||
13 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
14 | Code of 1961.
| ||||||
15 | (e) The court may impose an extended term sentence under | ||||||
16 | Section 5-8-2
upon an offender who has been convicted of first | ||||||
17 | degree murder when the
offender has previously been convicted | ||||||
18 | of domestic battery or aggravated
domestic battery committed | ||||||
19 | against the murdered individual or has
previously been | ||||||
20 | convicted of violation of an order of protection in which the
| ||||||
21 | murdered individual was the protected person.
| ||||||
22 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
23 | eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, | ||||||
24 | eff. 1-1-08; 95-569, eff. 6-1-08; revised 11-19-07.) | ||||||
25 | Section 95. No acceleration or delay. Where this Act makes |
| |||||||
| |||||||
1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|