97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6226

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
730 ILCS 5/5-5-3.2

    Amends the Criminal Code of 1961. Provides that a person commits aggravated assault or aggravated battery when he or she, in committing the assault or battery, knowingly video or audio records the offense with the intent to disseminate the recording. Provides that an aggravated assault committed under these circumstances is a Class 4 felony and an aggravated battery committed under these circumstances is a Class 3 felony. Amends the Unified Code of Corrections. Provides that the court may impose an extended term sentence when a defendant commits any felony and the defendant knowingly video or audio records the offense with the intent to disseminate the recording.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6226LRB097 22419 MRW 71176 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 12-2 and 12-3.05 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits
13aggravated assault when, in committing an assault, he or she
14knows the individual assaulted to be any of the following:
15        (1) A physically handicapped person or a person 60
16    years of age or older and the assault is without legal
17    justification.
18        (2) A teacher or school employee upon school grounds or
19    grounds adjacent to a school or in any part of a building
20    used for school purposes.
21        (3) A park district employee upon park grounds or
22    grounds adjacent to a park or in any part of a building
23    used for park purposes.

 

 

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1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, emergency management
3    worker, emergency medical technician, or utility worker:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or her
6        official duties; or
7            (iii) assaulted in retaliation for performing his
8        or her official duties.
9        (5) A correctional officer or probation officer:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or her
12        official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (6) A correctional institution employee, a county
16    juvenile detention center employee who provides direct and
17    continuous supervision of residents of a juvenile
18    detention center, including a county juvenile detention
19    center employee who supervises recreational activity for
20    residents of a juvenile detention center, or a Department
21    of Human Services employee, Department of Human Services
22    officer, or employee of a subcontractor of the Department
23    of Human Services supervising or controlling sexually
24    dangerous persons or sexually violent persons:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (7) An employee of the State of Illinois, a municipal
5    corporation therein, or a political subdivision thereof,
6    performing his or her official duties.
7        (8) A transit employee performing his or her official
8    duties, or a transit passenger.
9        (9) A sports official or coach actively participating
10    in any level of athletic competition within a sports venue,
11    on an indoor playing field or outdoor playing field, or
12    within the immediate vicinity of such a facility or field.
13        (10) A person authorized to serve process under Section
14    2-202 of the Code of Civil Procedure or a special process
15    server appointed by the circuit court, while that
16    individual is in the performance of his or her duties as a
17    process server.
18    (c) Offense based on use of firearm, device, or motor
19vehicle. A person commits aggravated assault when, in
20committing an assault, he or she does any of the following:
21        (1) Uses a deadly weapon, an air rifle as defined in
22    the Air Rifle Act, or any device manufactured and designed
23    to be substantially similar in appearance to a firearm,
24    other than by discharging a firearm.
25        (2) Discharges a firearm, other than from a motor
26    vehicle.

 

 

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1        (3) Discharges a firearm from a motor vehicle.
2        (4) Wears a hood, robe, or mask to conceal his or her
3    identity.
4        (5) Knowingly and without lawful justification shines
5    or flashes a laser gun sight or other laser device attached
6    to a firearm, or used in concert with a firearm, so that
7    the laser beam strikes near or in the immediate vicinity of
8    any person.
9        (6) Uses a firearm, other than by discharging the
10    firearm, against a peace officer, community policing
11    volunteer, fireman, private security officer, emergency
12    management worker, emergency medical technician, employee
13    of a police department, employee of a sheriff's department,
14    or traffic control municipal employee:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (7) Without justification operates a motor vehicle in a
21    manner which places a person, other than a person listed in
22    subdivision (b)(4), in reasonable apprehension of being
23    struck by the moving motor vehicle.
24        (8) Without justification operates a motor vehicle in a
25    manner which places a person listed in subdivision (b)(4),
26    in reasonable apprehension of being struck by the moving

 

 

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1    motor vehicle.
2        (9) Knowingly video or audio records the offense with
3    the intent to disseminate the recording.
4    (d) Sentence. Aggravated assault as defined in subdivision
5(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
6(c)(1), or (c)(4) is a Class A misdemeanor, except that
7aggravated assault as defined in subdivision (b)(4) and (b)(7)
8is a Class 4 felony if a Category I, Category II, or Category
9III weapon is used in the commission of the assault. Aggravated
10assault as defined in subdivision (b)(5), (b)(6), (b)(10),
11(c)(2), (c)(5), (c)(6), or (c)(7), or (c)(9) is a Class 4
12felony. Aggravated assault as defined in subdivision (c)(3) or
13(c)(8) is a Class 3 felony.
14    (e) For the purposes of this Section, "Category I weapon",
15"Category II weapon, and "Category III weapon" have the
16meanings ascribed to those terms in Section 33A-1 of this Code.
17an employee of a county juvenile detention center who provides
18direct and continuous supervision of residents of a juvenile
19detention center, including an employee of a county juvenile
20detention center who supervises recreational activity for
21residents of a juvenile detention center,
22; or
23        (20) Knows the individual assaulted to be either:
24            (A) a person authorized to serve process under
25        Section 2-202 of the Code of Civil Procedure; or
26            (B) a special process server appointed by the

 

 

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1        circuit court;
2    while that individual is in the performance of his or her
3    duties as a process server.
4, and (20)
5(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10;
696-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff.
77-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff.
88-12-11; revised 9-12-11.)
 
9    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
10    Sec. 12-3.05. Aggravated battery.
11    (a) Offense based on injury. A person commits aggravated
12battery when, in committing a battery, other than by the
13discharge of a firearm, he or she knowingly does any of the
14following:
15        (1) Causes great bodily harm or permanent disability or
16    disfigurement.
17        (2) Causes severe and permanent disability, great
18    bodily harm, or disfigurement by means of a caustic or
19    flammable substance, a poisonous gas, a deadly biological
20    or chemical contaminant or agent, a radioactive substance,
21    or a bomb or explosive compound.
22        (3) Causes great bodily harm or permanent disability or
23    disfigurement to an individual whom the person knows to be
24    a peace officer, community policing volunteer, fireman,
25    private security officer, correctional institution

 

 

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1    employee, or Department of Human Services employee
2    supervising or controlling sexually dangerous persons or
3    sexually violent persons:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (4) Causes great bodily harm or permanent disability or
10    disfigurement to an individual 60 years of age or older.
11        (5) Strangles another individual.
12    (b) Offense based on injury to a child or intellectually
13disabled mentally retarded person. A person who is at least 18
14years of age commits aggravated battery when, in committing a
15battery, he or she knowingly and without legal justification by
16any means:
17        (1) causes great bodily harm or permanent disability or
18    disfigurement to any child under the age of 13 years, or to
19    any severely or profoundly intellectually disabled
20    mentally retarded person; or
21        (2) causes bodily harm or disability or disfigurement
22    to any child under the age of 13 years or to any severely
23    or profoundly intellectually disabled mentally retarded
24    person.
25    (c) Offense based on location of conduct. A person commits
26aggravated battery when, in committing a battery, other than by

 

 

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1the discharge of a firearm, he or she is or the person battered
2is on or about a public way, public property, a public place of
3accommodation or amusement, a sports venue, or a domestic
4violence shelter.
5    (d) Offense based on status of victim. A person commits
6aggravated battery when, in committing a battery, other than by
7discharge of a firearm, he or she knows the individual battered
8to be any of the following:
9        (1) A person 60 years of age or older.
10        (2) A person who is pregnant or physically handicapped.
11        (3) A teacher or school employee upon school grounds or
12    grounds adjacent to a school or in any part of a building
13    used for school purposes.
14        (4) A peace officer, community policing volunteer,
15    fireman, private security officer, correctional
16    institution employee, or Department of Human Services
17    employee supervising or controlling sexually dangerous
18    persons or sexually violent persons:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (5) A judge, emergency management worker, emergency
25    medical technician, or utility worker:
26            (i) performing his or her official duties;

 

 

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1            (ii) battered to prevent performance of his or her
2        official duties; or
3            (iii) battered in retaliation for performing his
4        or her official duties.
5        (6) An officer or employee of the State of Illinois, a
6    unit of local government, or a school district, while
7    performing his or her official duties.
8        (7) A transit employee performing his or her official
9    duties, or a transit passenger.
10        (8) A taxi driver on duty.
11        (9) A merchant who detains the person for an alleged
12    commission of retail theft under Section 16-26 of this Code
13    and the person without legal justification by any means
14    causes bodily harm to the merchant.
15        (10) A person authorized to serve process under Section
16    2-202 of the Code of Civil Procedure or a special process
17    server appointed by the circuit court while that individual
18    is in the performance of his or her duties as a process
19    server.
20    (e) Offense based on use of a firearm. A person commits
21aggravated battery when, in committing a battery, he or she
22knowingly does any of the following:
23        (1) Discharges a firearm, other than a machine gun or a
24    firearm equipped with a silencer, and causes any injury to
25    another person.
26        (2) Discharges a firearm, other than a machine gun or a

 

 

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1    firearm equipped with a silencer, and causes any injury to
2    a person he or she knows to be a peace officer, community
3    policing volunteer, person summoned by a police officer,
4    fireman, private security officer, correctional
5    institution employee, or emergency management worker:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (3) Discharges a firearm, other than a machine gun or a
12    firearm equipped with a silencer, and causes any injury to
13    a person he or she knows to be an emergency medical
14    technician employed by a municipality or other
15    governmental unit:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Discharges a firearm and causes any injury to a
22    person he or she knows to be a teacher, a student in a
23    school, or a school employee, and the teacher, student, or
24    employee is upon school grounds or grounds adjacent to a
25    school or in any part of a building used for school
26    purposes.

 

 

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1        (5) Discharges a machine gun or a firearm equipped with
2    a silencer, and causes any injury to another person.
3        (6) Discharges a machine gun or a firearm equipped with
4    a silencer, and causes any injury to a person he or she
5    knows to be a peace officer, community policing volunteer,
6    person summoned by a police officer, fireman, private
7    security officer, correctional institution employee or
8    emergency management worker:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (7) Discharges a machine gun or a firearm equipped with
15    a silencer, and causes any injury to a person he or she
16    knows to be an emergency medical technician employed by a
17    municipality or other governmental unit:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (8) Discharges a machine gun or a firearm equipped with
24    a silencer, and causes any injury to a person he or she
25    knows to be a teacher, or a student in a school, or a
26    school employee, and the teacher, student, or employee is

 

 

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1    upon school grounds or grounds adjacent to a school or in
2    any part of a building used for school purposes.
3    (f) Offense based on use of a weapon or device. A person
4commits aggravated battery when, in committing a battery, he or
5she does any of the following:
6        (1) Uses a deadly weapon other than by discharge of a
7    firearm, or uses an air rifle as defined in the Air Rifle
8    Act.
9        (2) Wears a hood, robe, or mask to conceal his or her
10    identity.
11        (3) Knowingly and without lawful justification shines
12    or flashes a laser gunsight or other laser device attached
13    to a firearm, or used in concert with a firearm, so that
14    the laser beam strikes upon or against the person of
15    another.
16        (4) Knowingly video or audio records the offense with
17    the intent to disseminate the recording.
18    (g) Offense based on certain conduct. A person commits
19aggravated battery when, other than by discharge of a firearm,
20he or she does any of the following:
21        (1) Violates Section 401 of the Illinois Controlled
22    Substances Act by unlawfully delivering a controlled
23    substance to another and any user experiences great bodily
24    harm or permanent disability as a result of the injection,
25    inhalation, or ingestion of any amount of the controlled
26    substance.

 

 

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1        (2) Knowingly administers to an individual or causes
2    him or her to take, without his or her consent or by threat
3    or deception, and for other than medical purposes, any
4    intoxicating, poisonous, stupefying, narcotic, anesthetic,
5    or controlled substance, or gives to another person any
6    food containing any substance or object intended to cause
7    physical injury if eaten.
8        (3) Knowingly causes or attempts to cause a
9    correctional institution employee or Department of Human
10    Services employee to come into contact with blood, seminal
11    fluid, urine, or feces by throwing, tossing, or expelling
12    the fluid or material, and the person is an inmate of a
13    penal institution or is a sexually dangerous person or
14    sexually violent person in the custody of the Department of
15    Human Services.
16    (h) Sentence. Unless otherwise provided, aggravated
17battery is a Class 3 felony.
18    Aggravated battery as defined in subdivision (a)(4),
19(d)(4), or (g)(3) is a Class 2 felony.
20    Aggravated battery as defined in subdivision (a)(3) or
21(g)(1) is a Class 1 felony.
22    Aggravated battery as defined in subdivision (a)(1) is a
23Class 1 felony when the aggravated battery was intentional and
24involved the infliction of torture, as defined in paragraph
25(14) of subsection (b) of Section 9-1 of this Code, as the
26infliction of or subjection to extreme physical pain, motivated

 

 

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1by an intent to increase or prolong the pain, suffering, or
2agony of the victim.
3    Aggravated battery under subdivision (a)(5) is a Class 1
4felony if:
5        (A) the person used or attempted to use a dangerous
6    instrument while committing the offense; or
7        (B) the person caused great bodily harm or permanent
8    disability or disfigurement to the other person while
9    committing the offense; or
10        (C) the person has been previously convicted of a
11    violation of subdivision (a)(5) under the laws of this
12    State or laws similar to subdivision (a)(5) of any other
13    state.
14    Aggravated battery as defined in subdivision (e)(1) is a
15Class X felony.
16    Aggravated battery as defined in subdivision (a)(2) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 6 years and a maximum of 45
19years.
20    Aggravated battery as defined in subdivision (e)(5) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 12 years and a maximum of 45
23years.
24    Aggravated battery as defined in subdivision (e)(2),
25(e)(3), or (e)(4) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 15 years

 

 

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1and a maximum of 60 years.
2    Aggravated battery as defined in subdivision (e)(6),
3(e)(7), or (e)(8) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 20 years
5and a maximum of 60 years.
6    Aggravated battery as defined in subdivision (b)(1) is a
7Class X felony, except that:
8        (1) if the person committed the offense while armed
9    with a firearm, 15 years shall be added to the term of
10    imprisonment imposed by the court;
11        (2) if, during the commission of the offense, the
12    person personally discharged a firearm, 20 years shall be
13    added to the term of imprisonment imposed by the court;
14        (3) if, during the commission of the offense, the
15    person personally discharged a firearm that proximately
16    caused great bodily harm, permanent disability, permanent
17    disfigurement, or death to another person, 25 years or up
18    to a term of natural life shall be added to the term of
19    imprisonment imposed by the court.
20    (i) Definitions. For the purposes of this Section:
21    "Building or other structure used to provide shelter" has
22the meaning ascribed to "shelter" in Section 1 of the Domestic
23Violence Shelters Act.
24    "Domestic violence" has the meaning ascribed to it in
25Section 103 of the Illinois Domestic Violence Act of 1986.
26    "Domestic violence shelter" means any building or other

 

 

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1structure used to provide shelter or other services to victims
2or to the dependent children of victims of domestic violence
3pursuant to the Illinois Domestic Violence Act of 1986 or the
4Domestic Violence Shelters Act, or any place within 500 feet of
5such a building or other structure in the case of a person who
6is going to or from such a building or other structure.
7    "Firearm" has the meaning provided under Section 1.1 of the
8Firearm Owners Identification Card Act, and does not include an
9air rifle as defined by Section 1 of the Air Rifle Act.
10    "Machine gun" has the meaning ascribed to it in Section
1124-1 of this Code.
12    "Merchant" has the meaning ascribed to it in Section 16-0.1
13of this Code.
14    "Strangle" means intentionally impeding the normal
15breathing or circulation of the blood of an individual by
16applying pressure on the throat or neck of that individual or
17by blocking the nose or mouth of that individual.
18(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1996-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
201-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
21and 97-467, eff. 1-1-12; revised 10-12-11.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Section 5-5-3.2 as follows:
 
24    (730 ILCS 5/5-5-3.2)

 

 

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1    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
2Sentencing.
3    (a) The following factors shall be accorded weight in favor
4of imposing a term of imprisonment or may be considered by the
5court as reasons to impose a more severe sentence under Section
65-8-1 or Article 4.5 of Chapter V:
7        (1) the defendant's conduct caused or threatened
8    serious harm;
9        (2) the defendant received compensation for committing
10    the offense;
11        (3) the defendant has a history of prior delinquency or
12    criminal activity;
13        (4) the defendant, by the duties of his office or by
14    his position, was obliged to prevent the particular offense
15    committed or to bring the offenders committing it to
16    justice;
17        (5) the defendant held public office at the time of the
18    offense, and the offense related to the conduct of that
19    office;
20        (6) the defendant utilized his professional reputation
21    or position in the community to commit the offense, or to
22    afford him an easier means of committing it;
23        (7) the sentence is necessary to deter others from
24    committing the same crime;
25        (8) the defendant committed the offense against a
26    person 60 years of age or older or such person's property;

 

 

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1        (9) the defendant committed the offense against a
2    person who is physically handicapped or such person's
3    property;
4        (10) by reason of another individual's actual or
5    perceived race, color, creed, religion, ancestry, gender,
6    sexual orientation, physical or mental disability, or
7    national origin, the defendant committed the offense
8    against (i) the person or property of that individual; (ii)
9    the person or property of a person who has an association
10    with, is married to, or has a friendship with the other
11    individual; or (iii) the person or property of a relative
12    (by blood or marriage) of a person described in clause (i)
13    or (ii). For the purposes of this Section, "sexual
14    orientation" means heterosexuality, homosexuality, or
15    bisexuality;
16        (11) the offense took place in a place of worship or on
17    the grounds of a place of worship, immediately prior to,
18    during or immediately following worship services. For
19    purposes of this subparagraph, "place of worship" shall
20    mean any church, synagogue or other building, structure or
21    place used primarily for religious worship;
22        (12) the defendant was convicted of a felony committed
23    while he was released on bail or his own recognizance
24    pending trial for a prior felony and was convicted of such
25    prior felony, or the defendant was convicted of a felony
26    committed while he was serving a period of probation,

 

 

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1    conditional discharge, or mandatory supervised release
2    under subsection (d) of Section 5-8-1 for a prior felony;
3        (13) the defendant committed or attempted to commit a
4    felony while he was wearing a bulletproof vest. For the
5    purposes of this paragraph (13), a bulletproof vest is any
6    device which is designed for the purpose of protecting the
7    wearer from bullets, shot or other lethal projectiles;
8        (14) the defendant held a position of trust or
9    supervision such as, but not limited to, family member as
10    defined in Section 11-0.1 of the Criminal Code of 1961,
11    teacher, scout leader, baby sitter, or day care worker, in
12    relation to a victim under 18 years of age, and the
13    defendant committed an offense in violation of Section
14    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
15    11-14.4 except for an offense that involves keeping a place
16    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
17    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
18    or 12-16 of the Criminal Code of 1961 against that victim;
19        (15) the defendant committed an offense related to the
20    activities of an organized gang. For the purposes of this
21    factor, "organized gang" has the meaning ascribed to it in
22    Section 10 of the Streetgang Terrorism Omnibus Prevention
23    Act;
24        (16) the defendant committed an offense in violation of
25    one of the following Sections while in a school, regardless
26    of the time of day or time of year; on any conveyance

 

 

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1    owned, leased, or contracted by a school to transport
2    students to or from school or a school related activity; on
3    the real property of a school; or on a public way within
4    1,000 feet of the real property comprising any school:
5    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
6    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
7    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
8    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
9    18-2, or 33A-2, or Section 12-3.05 except for subdivision
10    (a)(4) or (g)(1), of the Criminal Code of 1961;
11        (16.5) the defendant committed an offense in violation
12    of one of the following Sections while in a day care
13    center, regardless of the time of day or time of year; on
14    the real property of a day care center, regardless of the
15    time of day or time of year; or on a public way within
16    1,000 feet of the real property comprising any day care
17    center, regardless of the time of day or time of year:
18    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
19    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
20    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
21    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
22    18-2, or 33A-2, or Section 12-3.05 except for subdivision
23    (a)(4) or (g)(1), of the Criminal Code of 1961;
24        (17) the defendant committed the offense by reason of
25    any person's activity as a community policing volunteer or
26    to prevent any person from engaging in activity as a

 

 

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1    community policing volunteer. For the purpose of this
2    Section, "community policing volunteer" has the meaning
3    ascribed to it in Section 2-3.5 of the Criminal Code of
4    1961;
5        (18) the defendant committed the offense in a nursing
6    home or on the real property comprising a nursing home. For
7    the purposes of this paragraph (18), "nursing home" means a
8    skilled nursing or intermediate long term care facility
9    that is subject to license by the Illinois Department of
10    Public Health under the Nursing Home Care Act, the
11    Specialized Mental Health Rehabilitation Act, or the ID/DD
12    Community Care Act;
13        (19) the defendant was a federally licensed firearm
14    dealer and was previously convicted of a violation of
15    subsection (a) of Section 3 of the Firearm Owners
16    Identification Card Act and has now committed either a
17    felony violation of the Firearm Owners Identification Card
18    Act or an act of armed violence while armed with a firearm;
19        (20) the defendant (i) committed the offense of
20    reckless homicide under Section 9-3 of the Criminal Code of
21    1961 or the offense of driving under the influence of
22    alcohol, other drug or drugs, intoxicating compound or
23    compounds or any combination thereof under Section 11-501
24    of the Illinois Vehicle Code or a similar provision of a
25    local ordinance and (ii) was operating a motor vehicle in
26    excess of 20 miles per hour over the posted speed limit as

 

 

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1    provided in Article VI of Chapter 11 of the Illinois
2    Vehicle Code;
3        (21) the defendant (i) committed the offense of
4    reckless driving or aggravated reckless driving under
5    Section 11-503 of the Illinois Vehicle Code and (ii) was
6    operating a motor vehicle in excess of 20 miles per hour
7    over the posted speed limit as provided in Article VI of
8    Chapter 11 of the Illinois Vehicle Code;
9        (22) the defendant committed the offense against a
10    person that the defendant knew, or reasonably should have
11    known, was a member of the Armed Forces of the United
12    States serving on active duty. For purposes of this clause
13    (22), the term "Armed Forces" means any of the Armed Forces
14    of the United States, including a member of any reserve
15    component thereof or National Guard unit called to active
16    duty;
17        (23) the defendant committed the offense against a
18    person who was elderly, disabled, or infirm by taking
19    advantage of a family or fiduciary relationship with the
20    elderly, disabled, or infirm person;
21        (24) the defendant committed any offense under Section
22    11-20.1 of the Criminal Code of 1961 and possessed 100 or
23    more images;
24        (25) the defendant committed the offense while the
25    defendant or the victim was in a train, bus, or other
26    vehicle used for public transportation;

 

 

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1        (26) the defendant committed the offense of child
2    pornography or aggravated child pornography, specifically
3    including paragraph (1), (2), (3), (4), (5), or (7) of
4    subsection (a) of Section 11-20.1 of the Criminal Code of
5    1961 where a child engaged in, solicited for, depicted in,
6    or posed in any act of sexual penetration or bound,
7    fettered, or subject to sadistic, masochistic, or
8    sadomasochistic abuse in a sexual context and specifically
9    including paragraph (1), (2), (3), (4), (5), or (7) of
10    subsection (a) of Section 11-20.3 of the Criminal Code of
11    1961 where a child engaged in, solicited for, depicted in,
12    or posed in any act of sexual penetration or bound,
13    fettered, or subject to sadistic, masochistic, or
14    sadomasochistic abuse in a sexual context; or
15        (27) the defendant committed the offense of first
16    degree murder, assault, aggravated assault, battery,
17    aggravated battery, robbery, armed robbery, or aggravated
18    robbery against a person who was a veteran and the
19    defendant knew, or reasonably should have known, that the
20    person was a veteran performing duties as a representative
21    of a veterans' organization. For the purposes of this
22    paragraph (27), "veteran" means an Illinois resident who
23    has served as a member of the United States Armed Forces, a
24    member of the Illinois National Guard, or a member of the
25    United States Reserve Forces; and "veterans' organization"
26    means an organization comprised of members of which

 

 

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1    substantially all are individuals who are veterans or
2    spouses, widows, or widowers of veterans, the primary
3    purpose of which is to promote the welfare of its members
4    and to provide assistance to the general public in such a
5    way as to confer a public benefit.
6    For the purposes of this Section:
7    "School" is defined as a public or private elementary or
8secondary school, community college, college, or university.
9    "Day care center" means a public or private State certified
10and licensed day care center as defined in Section 2.09 of the
11Child Care Act of 1969 that displays a sign in plain view
12stating that the property is a day care center.
13    "Public transportation" means the transportation or
14conveyance of persons by means available to the general public,
15and includes paratransit services.
16    (b) The following factors, related to all felonies, may be
17considered by the court as reasons to impose an extended term
18sentence under Section 5-8-2 upon any offender:
19        (1) When a defendant is convicted of any felony, after
20    having been previously convicted in Illinois or any other
21    jurisdiction of the same or similar class felony or greater
22    class felony, when such conviction has occurred within 10
23    years after the previous conviction, excluding time spent
24    in custody, and such charges are separately brought and
25    tried and arise out of different series of acts; or
26        (2) When a defendant is convicted of any felony and the

 

 

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1    court finds that the offense was accompanied by
2    exceptionally brutal or heinous behavior indicative of
3    wanton cruelty; or
4        (3) When a defendant is convicted of any felony
5    committed against:
6            (i) a person under 12 years of age at the time of
7        the offense or such person's property;
8            (ii) a person 60 years of age or older at the time
9        of the offense or such person's property; or
10            (iii) a person physically handicapped at the time
11        of the offense or such person's property; or
12        (4) When a defendant is convicted of any felony and the
13    offense involved any of the following types of specific
14    misconduct committed as part of a ceremony, rite,
15    initiation, observance, performance, practice or activity
16    of any actual or ostensible religious, fraternal, or social
17    group:
18            (i) the brutalizing or torturing of humans or
19        animals;
20            (ii) the theft of human corpses;
21            (iii) the kidnapping of humans;
22            (iv) the desecration of any cemetery, religious,
23        fraternal, business, governmental, educational, or
24        other building or property; or
25            (v) ritualized abuse of a child; or
26        (5) When a defendant is convicted of a felony other

 

 

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1    than conspiracy and the court finds that the felony was
2    committed under an agreement with 2 or more other persons
3    to commit that offense and the defendant, with respect to
4    the other individuals, occupied a position of organizer,
5    supervisor, financier, or any other position of management
6    or leadership, and the court further finds that the felony
7    committed was related to or in furtherance of the criminal
8    activities of an organized gang or was motivated by the
9    defendant's leadership in an organized gang; or
10        (6) When a defendant is convicted of an offense
11    committed while using a firearm with a laser sight attached
12    to it. For purposes of this paragraph, "laser sight" has
13    the meaning ascribed to it in Section 24.6-5 of the
14    Criminal Code of 1961; or
15        (7) When a defendant who was at least 17 years of age
16    at the time of the commission of the offense is convicted
17    of a felony and has been previously adjudicated a
18    delinquent minor under the Juvenile Court Act of 1987 for
19    an act that if committed by an adult would be a Class X or
20    Class 1 felony when the conviction has occurred within 10
21    years after the previous adjudication, excluding time
22    spent in custody; or
23        (8) When a defendant commits any felony and the
24    defendant used, possessed, exercised control over, or
25    otherwise directed an animal to assault a law enforcement
26    officer engaged in the execution of his or her official

 

 

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1    duties or in furtherance of the criminal activities of an
2    organized gang in which the defendant is engaged.
3        (9) When a defendant commits any felony and the
4    defendant knowingly video or audio records the offense with
5    the intent to disseminate the recording.
6    (c) The following factors may be considered by the court as
7reasons to impose an extended term sentence under Section 5-8-2
8(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
9        (1) When a defendant is convicted of first degree
10    murder, after having been previously convicted in Illinois
11    of any offense listed under paragraph (c)(2) of Section
12    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
13    within 10 years after the previous conviction, excluding
14    time spent in custody, and the charges are separately
15    brought and tried and arise out of different series of
16    acts.
17        (1.5) When a defendant is convicted of first degree
18    murder, after having been previously convicted of domestic
19    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
20    (720 ILCS 5/12-3.3) committed on the same victim or after
21    having been previously convicted of violation of an order
22    of protection (720 ILCS 5/12-30) in which the same victim
23    was the protected person.
24        (2) When a defendant is convicted of voluntary
25    manslaughter, second degree murder, involuntary
26    manslaughter, or reckless homicide in which the defendant

 

 

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1    has been convicted of causing the death of more than one
2    individual.
3        (3) When a defendant is convicted of aggravated
4    criminal sexual assault or criminal sexual assault, when
5    there is a finding that aggravated criminal sexual assault
6    or criminal sexual assault was also committed on the same
7    victim by one or more other individuals, and the defendant
8    voluntarily participated in the crime with the knowledge of
9    the participation of the others in the crime, and the
10    commission of the crime was part of a single course of
11    conduct during which there was no substantial change in the
12    nature of the criminal objective.
13        (4) If the victim was under 18 years of age at the time
14    of the commission of the offense, when a defendant is
15    convicted of aggravated criminal sexual assault or
16    predatory criminal sexual assault of a child under
17    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
18    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
19    5/11-1.40 or 5/12-14.1).
20        (5) When a defendant is convicted of a felony violation
21    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
22    5/24-1) and there is a finding that the defendant is a
23    member of an organized gang.
24        (6) When a defendant was convicted of unlawful use of
25    weapons under Section 24-1 of the Criminal Code of 1961
26    (720 ILCS 5/24-1) for possessing a weapon that is not

 

 

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1    readily distinguishable as one of the weapons enumerated in
2    Section 24-1 of the Criminal Code of 1961 (720 ILCS
3    5/24-1).
4        (7) When a defendant is convicted of an offense
5    involving the illegal manufacture of a controlled
6    substance under Section 401 of the Illinois Controlled
7    Substances Act (720 ILCS 570/401), the illegal manufacture
8    of methamphetamine under Section 25 of the Methamphetamine
9    Control and Community Protection Act (720 ILCS 646/25), or
10    the illegal possession of explosives and an emergency
11    response officer in the performance of his or her duties is
12    killed or injured at the scene of the offense while
13    responding to the emergency caused by the commission of the
14    offense. In this paragraph, "emergency" means a situation
15    in which a person's life, health, or safety is in jeopardy;
16    and "emergency response officer" means a peace officer,
17    community policing volunteer, fireman, emergency medical
18    technician-ambulance, emergency medical
19    technician-intermediate, emergency medical
20    technician-paramedic, ambulance driver, other medical
21    assistance or first aid personnel, or hospital emergency
22    room personnel.
23    (d) For the purposes of this Section, "organized gang" has
24the meaning ascribed to it in Section 10 of the Illinois
25Streetgang Terrorism Omnibus Prevention Act.
26    (e) The court may impose an extended term sentence under

 

 

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1Article 4.5 of Chapter V upon an offender who has been
2convicted of a felony violation of Section 12-13, 12-14,
312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
4victim of the offense is under 18 years of age at the time of
5the commission of the offense and, during the commission of the
6offense, the victim was under the influence of alcohol,
7regardless of whether or not the alcohol was supplied by the
8offender; and the offender, at the time of the commission of
9the offense, knew or should have known that the victim had
10consumed alcohol.
11(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
12eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
1396-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
141-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
15Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
1697-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)