|
|
|
HB1504 Engrossed |
|
LRB095 10153 RLC 30367 b |
|
|
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 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;
|
|
|
|
HB1504 Engrossed |
- 2 - |
LRB095 10153 RLC 30367 b |
|
|
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
|
|
|
|
HB1504 Engrossed |
- 3 - |
LRB095 10153 RLC 30367 b |
|
|
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 - |
|
|
|
HB1504 Engrossed |
- 4 - |
LRB095 10153 RLC 30367 b |
|
|
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;
|
|
|
|
HB1504 Engrossed |
- 5 - |
LRB095 10153 RLC 30367 b |
|
|
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;
|
|
|
|
HB1504 Engrossed |
- 6 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 7 - |
LRB095 10153 RLC 30367 b |
|
|
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.
|
|
|
|
HB1504 Engrossed |
- 8 - |
LRB095 10153 RLC 30367 b |
|
|
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 - |
|
|
|
HB1504 Engrossed |
- 9 - |
LRB095 10153 RLC 30367 b |
|
|
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
|
|
|
|
HB1504 Engrossed |
- 10 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 11 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 12 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 13 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 14 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 15 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 16 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 17 - |
LRB095 10153 RLC 30367 b |
|
|
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)
|
|
|
|
HB1504 Engrossed |
- 18 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 19 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 20 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 21 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 22 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 23 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 24 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 25 - |
LRB095 10153 RLC 30367 b |
|
|
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.
|
|
|
|
HB1504 Engrossed |
- 26 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 27 - |
LRB095 10153 RLC 30367 b |
|
|
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.
|
|
|
|
HB1504 Engrossed |
- 28 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 29 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 30 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 31 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 32 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 33 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 34 - |
LRB095 10153 RLC 30367 b |
|
|
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.)
|
|
|
|
HB1504 Engrossed |
- 35 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 36 - |
LRB095 10153 RLC 30367 b |
|
|
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.
|
|
|
|
HB1504 Engrossed |
- 37 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 38 - |
LRB095 10153 RLC 30367 b |
|
|
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;
|
|
|
|
HB1504 Engrossed |
- 39 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 40 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 41 - |
LRB095 10153 RLC 30367 b |
|
|
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, |
|
|
|
HB1504 Engrossed |
- 42 - |
LRB095 10153 RLC 30367 b |
|
|
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, |
|
|
|
HB1504 Engrossed |
- 43 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 44 - |
LRB095 10153 RLC 30367 b |
|
|
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)
|
|
|
|
HB1504 Engrossed |
- 45 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 46 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 47 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 48 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 49 - |
LRB095 10153 RLC 30367 b |
|
|
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:
|
|
|
|
HB1504 Engrossed |
- 50 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 51 - |
LRB095 10153 RLC 30367 b |
|
|
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;
|
|
|
|
HB1504 Engrossed |
- 52 - |
LRB095 10153 RLC 30367 b |
|
|
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
|
|
|
|
HB1504 Engrossed |
- 53 - |
LRB095 10153 RLC 30367 b |
|
|
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 |
|
|
|
HB1504 Engrossed |
- 54 - |
LRB095 10153 RLC 30367 b |
|
|
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 |