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09500SB1023ham001 |
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LRB095 05898 RLC 37767 a |
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| for the coordination and collection of information in the |
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| Capital Crimes Database.
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| (d) Agencies required to provide information on capital |
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| cases to the ICJIA, as the ICJIA may request, for the Capital |
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| Crimes Database shall include, but not be limited to: |
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| (1) Office of the Attorney General.
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| (2) Illinois Department of Corrections. |
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| (3) Illinois State Police. |
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| (4) All county State's Attorneys. |
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| (5) All county public defenders. |
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| (6) Office of the State's Attorneys Appellate |
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| Prosecutor. |
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| (7) Office of the State Appellate Defender.
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| (e) Agencies requested to provide information on capital |
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| cases to the ICJIA for the Capital Crimes Database shall |
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| include, but not be limited to: |
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| (1) Administrative Office of Illinois Courts. |
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| (2) All county circuit court clerks. |
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| (f) The ICJIA shall develop procedures and protocols for |
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| the submission of information relating to capital and capital |
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| eligible cases to the Database in conjunction with the agencies |
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| submitting information.
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| Section 3. The Illinois Police Training Act is amended by |
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| changing Section 10.3 as follows:
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09500SB1023ham001 |
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LRB095 05898 RLC 37767 a |
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| (50 ILCS 705/10.3)
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| Sec. 10.3. Training of police officers to conduct |
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| electronic
interrogations. |
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| (a)
From appropriations made to it for that purpose, the |
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| Board shall initiate,
administer, and conduct training |
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| programs for permanent police officers,
part-time police |
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| officers, and recruits on the methods and technical aspects of
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| conducting electronic recordings of interrogations. |
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| (b) Subject to appropriation, the Board shall develop |
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| technical guidelines for the mandated recording of custodial |
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| interrogations in all homicide investigations by law |
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| enforcement agencies. These guidelines shall be developed in |
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| conjunction with law enforcement agencies and technology |
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| accreditation groups to provide guidance for law enforcement |
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| agencies in implementing the mandated recording of custodial |
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| interrogations in all homicide investigations.
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| (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
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| Section 4. The Criminal Code of 1961 is amended by changing |
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| Sections 33A-2 and 33A-3 as follows:
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| (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
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| Sec. 33A-2. Armed violence-Elements of the offense.
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| (a) A person commits armed violence when, while armed with
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| a dangerous weapon, he commits any felony defined by
Illinois |
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| Law, except first degree murder, attempted first degree murder,
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09500SB1023ham001 |
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LRB095 05898 RLC 37767 a |
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| intentional
homicide of an unborn child, second degree murder, |
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| involuntary manslaughter, reckless homicide, predatory |
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| criminal sexual assault of a child,
aggravated criminal sexual |
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| assault, aggravated kidnaping, aggravated battery of
a child, |
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| home invasion, or any offense that makes the possession or use |
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| of a dangerous weapon either an element of the base offense, an |
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| aggravated or enhanced version of the offense, or a mandatory |
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| sentencing factor that increases the sentencing range
armed |
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| robbery, or aggravated vehicular hijacking .
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| (b) A person commits armed violence when he or she |
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| personally discharges a
firearm that is a Category I or |
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| Category II weapon while committing any felony
defined by
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| Illinois law, except first degree murder, attempted first |
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| degree murder,
intentional homicide of an unborn child, second |
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| degree murder, involuntary manslaughter, reckless homicide,
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| predatory criminal sexual assault of a
child, aggravated |
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| criminal sexual assault, aggravated kidnaping, aggravated
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| battery of a child, home invasion, or any offense that makes |
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| the possession or use of a dangerous weapon either an element |
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| of the base offense, an aggravated or enhanced version of the |
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| offense, or a mandatory sentencing factor that increases the |
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| sentencing range
armed robbery, or aggravated vehicular
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| hijacking .
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| (c) A person commits armed violence when he or she |
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| personally discharges a
firearm that is a Category I or |
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| Category II weapon that proximately causes
great bodily harm,
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09500SB1023ham001 |
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LRB095 05898 RLC 37767 a |
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| permanent disability, or permanent disfigurement or death to |
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| another person
while committing any felony defined by Illinois |
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| law, except first degree
murder, attempted first degree murder, |
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| intentional homicide of an unborn child,
second degree murder, |
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| involuntary manslaughter, reckless homicide, predatory |
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| criminal sexual assault of a child, aggravated criminal sexual
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| assault, aggravated kidnaping, aggravated battery of a child, |
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| home invasion,
or any offense that makes the possession or use |
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| of a dangerous weapon either an element of the base offense, an |
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| aggravated or enhanced version of the offense, or a mandatory |
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| sentencing factor that increases the sentencing range
armed |
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| robbery, or aggravated vehicular hijacking .
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| (d) This Section does not apply to violations of the Fish |
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| and Aquatic Life
Code or the Wildlife Code.
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| (Source: P.A. 91-404, eff. 1-1-00.)
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| (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
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| Sec. 33A-3. Sentence.
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| (a) Violation of Section 33A-2(a) with a
Category I weapon |
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| is a Class X felony for which the defendant shall be
sentenced |
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| to a minimum term of imprisonment of 15 years.
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| (a-5) Violation of Section 33A-2(a) with a Category II |
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| weapon
is a Class X
felony for which the defendant shall be |
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| sentenced to a minimum term of
imprisonment of 10 years.
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| (b) Violation of Section 33A-2(a)
with a Category III |
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| weapon is a Class 2 felony or the felony
classification |
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LRB095 05898 RLC 37767 a |
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| provided for the same act while unarmed, whichever
permits the |
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| greater penalty. A second or subsequent violation of
Section |
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| 33A-2(a) with a Category III weapon is a Class 1 felony
or the |
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| felony classification provided for the same act while unarmed, |
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| whichever
permits the greater penalty.
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| (b-5) Violation of Section 33A-2(b) with a firearm that is |
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| a Category I or
Category II
weapon is a Class X felony for |
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| which the defendant shall be sentenced to a
minimum term of |
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| imprisonment of 20 years.
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| (b-10) Violation of Section 33A-2(c) with a firearm that is |
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| a Category I or
Category II
weapon is a Class X felony for |
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| which the defendant shall be sentenced to a
term of |
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| imprisonment of not less than 25 years nor more than 40 years.
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| (c) Unless sentencing under Section 33B-1 is applicable, |
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| any person who
violates subsection (a) or (b) of Section 33A-2 |
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| with a
firearm, when that person has been convicted in any |
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| state or federal court
of 3 or more of the following offenses: |
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| treason, first degree murder, second
degree murder, predatory |
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| criminal sexual assault of a child, aggravated
criminal sexual |
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| assault, criminal sexual assault,
robbery, burglary, arson, |
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| kidnaping, aggravated battery resulting in great
bodily harm or |
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| permanent disability or disfigurement, a violation of the |
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| Methamphetamine Control and Community Protection Act, or a |
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| violation of Section
401(a) of the Illinois Controlled |
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| Substances Act,
when the third offense was committed after |
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| conviction on the second, the second
offense was committed |
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LRB095 05898 RLC 37767 a |
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| after conviction on the first, and the violation of
Section |
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| 33A-2 was committed after conviction on the third, shall be |
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| sentenced
to a term of imprisonment of not less than 25 years |
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| nor more than 50
years.
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| (c-5) Except as otherwise provided in paragraph (b-10) or |
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| (c) of this
Section, a person who violates Section 33A-2(a) |
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| with a firearm that is a
Category I weapon or
Section 33A-2(b) |
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| in any school, in any conveyance owned, leased, or contracted
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| by a school to transport students to or from school or a school |
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| related
activity, or on the real property comprising any school |
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| or public park, and
where
the offense was related to the |
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| activities of an organized gang, shall be
sentenced to a term |
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| of imprisonment of not less than the term set forth in
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| subsection (a) or (b-5) of this Section, whichever is |
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| applicable, and not more
than 30 years. For the purposes of |
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| this subsection (c-5), "organized gang" has
the meaning |
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| ascribed to it in Section 10 of the Illinois Streetgang |
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| Terrorism
Omnibus Prevention Act.
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| (d) For armed violence based upon a predicate offense |
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| listed in this
subsection (d) the court
shall enter the |
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| sentence for armed violence to run consecutively to the
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| sentence imposed for the predicate offense. The offenses |
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| covered by this
provision are:
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| (i) solicitation of murder,
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| (ii) solicitation of murder for hire,
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| (iii) heinous battery,
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09500SB1023ham001 |
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LRB095 05898 RLC 37767 a |
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| (iv) aggravated battery of a senior citizen,
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| (v) (blank)
criminal sexual assault ,
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| (vi) a violation of subsection (g) of Section 5 of the |
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| Cannabis Control
Act,
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| (vii) cannabis trafficking,
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| (viii) a violation of subsection (a) of Section 401 of |
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| the Illinois
Controlled Substances Act,
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| (ix) controlled substance trafficking involving a |
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| Class X felony amount of
controlled substance under Section |
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| 401 of the Illinois Controlled Substances
Act,
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| (x) calculated criminal drug conspiracy,
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| (xi) streetgang criminal drug conspiracy, or |
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| (xii) a violation of the Methamphetamine Control and |
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| Community Protection Act.
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| (Source: P.A. 94-556, eff. 9-11-05.)".
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