Full Text of HB2891 103rd General Assembly
HB2891 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2891 Introduced 2/16/2023, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/18-7 new | | 730 ILCS 5/5-5-3.2 | |
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Provides that the Act may be referred to as the Zingher-Cleary-Feitler Act. Amends the Criminal Code of 2012. Provides that a person commits forcible withdrawal from an electronic fund transfer terminal when the person uses force or threatens the use of force against another person to effect or to attempt to effect a withdrawal from an electronic fund transfer terminal located in the State. Provides that a violation is a Class 1 felony. Defines "electronic fund transfer terminal". Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed the offense of first degree murder during the commission of forcible withdrawal from an electronic fund transfer terminal.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the | 5 | | Zingher-Cleary-Feitler Act. | 6 | | Section 5. The Criminal Code of 2012 is amended by adding | 7 | | Section 18-7 as follows: | 8 | | (720 ILCS 5/18-7 new) | 9 | | Sec. 18-7. Forcible withdrawal from an electronic fund | 10 | | transfer terminal. | 11 | | (a) In this Section, "electronic fund transfer terminal" | 12 | | has the meaning ascribed to it in Section 17-0.5 of this | 13 | | Code. | 14 | | (b) A person commits forcible withdrawal from an | 15 | | electronic fund transfer terminal when the person uses force | 16 | | or threatens the use of force against another person to effect | 17 | | or to attempt to effect a withdrawal from an electronic fund | 18 | | transfer terminal located in this State. | 19 | | (c) Sentence. A violation of this Section is a Class 1 | 20 | | felony. | 21 | | Section 10. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-5-3.2 as follows:
| 2 | | (730 ILCS 5/5-5-3.2)
| 3 | | (Text of Section before amendment by P.A. 102-982 ) | 4 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 5 | | sentencing.
| 6 | | (a) The following factors shall be accorded weight in | 7 | | favor of
imposing a term of imprisonment or may be considered | 8 | | by the court as reasons
to impose a more severe sentence under | 9 | | Section 5-8-1 or Article 4.5 of Chapter V:
| 10 | | (1) the defendant's conduct caused or threatened | 11 | | serious harm;
| 12 | | (2) the defendant received compensation for committing | 13 | | the offense;
| 14 | | (3) the defendant has a history of prior delinquency | 15 | | or criminal activity;
| 16 | | (4) the defendant, by the duties of his office or by | 17 | | his position,
was obliged to prevent the particular | 18 | | offense committed or to bring
the offenders committing it | 19 | | to justice;
| 20 | | (5) the defendant held public office at the time of | 21 | | the offense,
and the offense related to the conduct of | 22 | | that office;
| 23 | | (6) the defendant utilized his professional reputation | 24 | | or
position in the community to commit the offense, or to | 25 | | afford
him an easier means of committing it;
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| 1 | | (7) the sentence is necessary to deter others from | 2 | | committing
the same crime;
| 3 | | (8) the defendant committed the offense against a | 4 | | person 60 years of age
or older or such person's property;
| 5 | | (9) the defendant committed the offense against a | 6 | | person who has a physical disability or such person's | 7 | | property;
| 8 | | (10) by reason of another individual's actual or | 9 | | perceived race, color,
creed, religion, ancestry, gender, | 10 | | sexual orientation, physical or mental
disability, or | 11 | | national origin, the defendant committed the offense | 12 | | against (i)
the person or property
of that individual; | 13 | | (ii) the person or property of a person who has an
| 14 | | association with, is married to, or has a friendship with | 15 | | the other individual;
or (iii) the person or property of a | 16 | | relative (by blood or marriage) of a
person described in | 17 | | clause (i) or (ii). For the purposes of this Section,
| 18 | | "sexual orientation" has the meaning ascribed to it in | 19 | | paragraph (O-1) of Section 1-103 of the Illinois Human | 20 | | Rights Act;
| 21 | | (11) the offense took place in a place of worship or on | 22 | | the
grounds of a place of worship, immediately prior to, | 23 | | during or immediately
following worship services. For | 24 | | purposes of this subparagraph, "place of
worship" shall | 25 | | mean any church, synagogue or other building, structure or
| 26 | | place used primarily for religious worship;
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| 1 | | (12) the defendant was convicted of a felony committed | 2 | | while he was
on pretrial release or his own recognizance | 3 | | pending trial for a prior felony
and was convicted of such | 4 | | prior felony, or the defendant was convicted of a
felony | 5 | | committed while he was serving a period of probation,
| 6 | | conditional discharge, or mandatory supervised release | 7 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 8 | | (13) the defendant committed or attempted to commit a | 9 | | felony while he
was wearing a bulletproof vest. For the | 10 | | purposes of this paragraph (13), a
bulletproof vest is any | 11 | | device which is designed for the purpose of
protecting the | 12 | | wearer from bullets, shot or other lethal projectiles;
| 13 | | (14) the defendant held a position of trust or | 14 | | supervision such as, but
not limited to, family member as | 15 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 16 | | teacher, scout leader, baby sitter, or day care worker, in
| 17 | | relation to a victim under 18 years of age, and the | 18 | | defendant committed an
offense in violation of Section | 19 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 20 | | 11-14.4 except for an offense that involves keeping a | 21 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 22 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 23 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012
against
that victim;
| 25 | | (15) the defendant committed an offense related to the | 26 | | activities of an
organized gang. For the purposes of this |
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| 1 | | factor, "organized gang" has the
meaning ascribed to it in | 2 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 3 | | Act;
| 4 | | (16) the defendant committed an offense in violation | 5 | | of one of the
following Sections while in a school, | 6 | | regardless of the time of day or time of
year; on any | 7 | | conveyance owned, leased, or contracted by a school to | 8 | | transport
students to or from school or a school related | 9 | | activity; on the real property
of a school; or on a public | 10 | | way within 1,000 feet of the real property
comprising any | 11 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | 12 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | 13 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | 14 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | 15 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | 16 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| 17 | | 1961 or the Criminal Code of 2012;
| 18 | | (16.5) the defendant committed an offense in violation | 19 | | of one of the
following Sections while in a day care | 20 | | center, regardless of the time of day or
time of year; on | 21 | | the real property of a day care center, regardless of the | 22 | | time
of day or time of year; or on a public
way within | 23 | | 1,000 feet of the real property comprising any day care | 24 | | center,
regardless of the time of day or time of year:
| 25 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 26 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
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| 1 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 2 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 3 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 4 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 5 | | Criminal Code of 2012;
| 6 | | (17) the defendant committed the offense by reason of | 7 | | any person's
activity as a community policing volunteer or | 8 | | to prevent any person from
engaging in activity as a | 9 | | community policing volunteer. For the purpose of
this | 10 | | Section, "community policing volunteer" has the meaning | 11 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 12 | | 2012;
| 13 | | (18) the defendant committed the offense in a nursing | 14 | | home or on the
real
property comprising a nursing home. | 15 | | For the purposes of this paragraph (18),
"nursing home" | 16 | | means a skilled nursing
or intermediate long term care | 17 | | facility that is subject to license by the
Illinois | 18 | | Department of Public Health under the Nursing Home Care
| 19 | | Act, the Specialized Mental Health Rehabilitation Act of | 20 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| 21 | | (19) the defendant was a federally licensed firearm | 22 | | dealer
and
was
previously convicted of a violation of | 23 | | subsection (a) of Section 3 of the
Firearm Owners | 24 | | Identification Card Act and has now committed either a | 25 | | felony
violation
of the Firearm Owners Identification Card | 26 | | Act or an act of armed violence while
armed
with a firearm; |
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| 1 | | (20) the defendant (i) committed the offense of | 2 | | reckless homicide under Section 9-3 of the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012 or the offense of | 4 | | driving under the influence of alcohol, other drug or
| 5 | | drugs, intoxicating compound or compounds or any | 6 | | combination thereof under Section 11-501 of the Illinois | 7 | | Vehicle Code or a similar provision of a local ordinance | 8 | | and (ii) was operating a motor vehicle in excess of 20 | 9 | | miles per hour over the posted speed limit as provided in | 10 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
| 11 | | (21) the defendant (i) committed the offense of | 12 | | reckless driving or aggravated reckless driving under | 13 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 14 | | operating a motor vehicle in excess of 20 miles per hour | 15 | | over the posted speed limit as provided in Article VI of | 16 | | Chapter 11 of the Illinois Vehicle Code; | 17 | | (22) the defendant committed the offense against a | 18 | | person that the defendant knew, or reasonably should have | 19 | | known, was a member of the Armed Forces of the United | 20 | | States serving on active duty. For purposes of this clause | 21 | | (22), the term "Armed Forces" means any of the Armed | 22 | | Forces of the United States, including a member of any | 23 | | reserve component thereof or National Guard unit called to | 24 | | active duty;
| 25 | | (23)
the defendant committed the offense against a | 26 | | person who was elderly or infirm or who was a person with a |
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| 1 | | disability by taking advantage of a family or fiduciary | 2 | | relationship with the elderly or infirm person or person | 3 | | with a disability;
| 4 | | (24)
the defendant committed any offense under Section | 5 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 6 | | of 2012 and possessed 100 or more images;
| 7 | | (25) the defendant committed the offense while the | 8 | | defendant or the victim was in a train, bus, or other | 9 | | vehicle used for public transportation; | 10 | | (26) the defendant committed the offense of child | 11 | | pornography or aggravated child pornography, specifically | 12 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 13 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 15 | | solicited for, depicted in, or posed in any act of sexual | 16 | | penetration or bound, fettered, or subject to sadistic, | 17 | | masochistic, or sadomasochistic abuse in a sexual context | 18 | | and specifically including paragraph (1), (2), (3), (4), | 19 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 20 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 21 | | engaged in, solicited for, depicted in, or posed in any | 22 | | act of sexual penetration or bound, fettered, or subject | 23 | | to sadistic, masochistic, or sadomasochistic abuse in a | 24 | | sexual context; | 25 | | (27) the defendant committed the offense of first | 26 | | degree murder, assault, aggravated assault, battery, |
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| 1 | | aggravated battery, robbery, armed robbery, or aggravated | 2 | | robbery against a person who was a veteran and the | 3 | | defendant knew, or reasonably should have known, that the | 4 | | person was a veteran performing duties as a representative | 5 | | of a veterans' organization. For the purposes of this | 6 | | paragraph (27), "veteran" means an Illinois resident who | 7 | | has served as a member of the United States Armed Forces, a | 8 | | member of the Illinois National Guard, or a member of the | 9 | | United States Reserve Forces; and "veterans' organization" | 10 | | means an organization comprised of members of
which | 11 | | substantially all are individuals who are veterans or | 12 | | spouses,
widows, or widowers of veterans, the primary | 13 | | purpose of which is to
promote the welfare of its members | 14 | | and to provide assistance to the general
public in such a | 15 | | way as to confer a public benefit; | 16 | | (28) the defendant committed the offense of assault, | 17 | | aggravated assault, battery, aggravated battery, robbery, | 18 | | armed robbery, or aggravated robbery against a person that | 19 | | the defendant knew or reasonably should have known was a | 20 | | letter carrier or postal worker while that person was | 21 | | performing his or her duties delivering mail for the | 22 | | United States Postal Service; | 23 | | (29) the defendant committed the offense of criminal | 24 | | sexual assault, aggravated criminal sexual assault, | 25 | | criminal sexual abuse, or aggravated criminal sexual abuse | 26 | | against a victim with an intellectual disability, and the |
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| 1 | | defendant holds a position of trust, authority, or | 2 | | supervision in relation to the victim; | 3 | | (30) the defendant committed the offense of promoting | 4 | | juvenile prostitution, patronizing a prostitute, or | 5 | | patronizing a minor engaged in prostitution and at the | 6 | | time of the commission of the offense knew that the | 7 | | prostitute or minor engaged in prostitution was in the | 8 | | custody or guardianship of the Department of Children and | 9 | | Family Services; | 10 | | (31) the defendant (i) committed the offense of | 11 | | driving while under the influence of alcohol, other drug | 12 | | or drugs, intoxicating compound or compounds or any | 13 | | combination thereof in violation of Section 11-501 of the | 14 | | Illinois Vehicle Code or a similar provision of a local | 15 | | ordinance and (ii) the defendant during the commission of | 16 | | the offense was driving his or her vehicle upon a roadway | 17 | | designated for one-way traffic in the opposite direction | 18 | | of the direction indicated by official traffic control | 19 | | devices; | 20 | | (32) the defendant committed the offense of reckless | 21 | | homicide while committing a violation of Section 11-907 of | 22 | | the Illinois Vehicle Code; | 23 | | (33) the defendant was found guilty of an | 24 | | administrative infraction related to an act or acts of | 25 | | public indecency or sexual misconduct in the penal | 26 | | institution. In this paragraph (33), "penal institution" |
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| 1 | | has the same meaning as in Section 2-14 of the Criminal | 2 | | Code of 2012; or | 3 | | (34) the defendant committed the offense of leaving | 4 | | the scene of an accident in violation of subsection (b) of | 5 | | Section 11-401 of the Illinois Vehicle Code and the | 6 | | accident resulted in the death of a person and at the time | 7 | | of the offense, the defendant was: (i) driving under the | 8 | | influence of alcohol, other drug or drugs, intoxicating | 9 | | compound or compounds or any combination thereof as | 10 | | defined by Section 11-501 of the Illinois Vehicle Code; or | 11 | | (ii) operating the motor vehicle while using an electronic | 12 | | communication device as defined in Section 12-610.2 of the | 13 | | Illinois Vehicle Code. | 14 | | For the purposes of this Section:
| 15 | | "School" is defined as a public or private
elementary or | 16 | | secondary school, community college, college, or university.
| 17 | | "Day care center" means a public or private State | 18 | | certified and
licensed day care center as defined in Section | 19 | | 2.09 of the Child Care Act of
1969 that displays a sign in | 20 | | plain view stating that the
property is a day care center.
| 21 | | "Intellectual disability" means significantly subaverage | 22 | | intellectual functioning which exists concurrently
with | 23 | | impairment in adaptive behavior. | 24 | | "Public transportation" means the transportation
or | 25 | | conveyance of persons by means available to the general | 26 | | public, and includes paratransit services. |
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| 1 | | "Traffic control devices" means all signs, signals, | 2 | | markings, and devices that conform to the Illinois Manual on | 3 | | Uniform Traffic Control Devices, placed or erected by | 4 | | authority of a public body or official having jurisdiction, | 5 | | for the purpose of regulating, warning, or guiding traffic. | 6 | | (b) The following factors, related to all felonies, may be | 7 | | considered by the court as
reasons to impose an extended term | 8 | | sentence under Section 5-8-2
upon any offender:
| 9 | | (1) When a defendant is convicted of any felony, after | 10 | | having
been previously convicted in Illinois or any other | 11 | | jurisdiction of the
same or similar class felony or | 12 | | greater class felony, when such conviction
has occurred | 13 | | within 10 years after the
previous conviction, excluding | 14 | | time spent in custody, and such charges are
separately | 15 | | brought and tried and arise out of different series of | 16 | | acts; or
| 17 | | (2) When a defendant is convicted of any felony and | 18 | | the 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 any felony | 22 | | committed against:
| 23 | | (i) a person under 12 years of age at the time of | 24 | | the offense or such
person's property;
| 25 | | (ii) a person 60 years of age or older at the time | 26 | | of the offense or
such person's property; or
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| 1 | | (iii) a person who had a physical disability at | 2 | | the time of the offense or
such person's property; or
| 3 | | (4) When a defendant is convicted of any felony and | 4 | | the offense
involved any of the following types of | 5 | | specific misconduct committed as
part of a ceremony, rite, | 6 | | initiation, observance, performance, practice or
activity | 7 | | of any actual or ostensible religious, fraternal, or | 8 | | social group:
| 9 | | (i) the brutalizing or torturing of humans or | 10 | | animals;
| 11 | | (ii) the theft of human corpses;
| 12 | | (iii) the kidnapping of humans;
| 13 | | (iv) the desecration of any cemetery, religious, | 14 | | fraternal, business,
governmental, educational, or | 15 | | other building or property; or
| 16 | | (v) ritualized abuse of a child; or
| 17 | | (5) When a defendant is convicted of a felony other | 18 | | than conspiracy and
the court finds that
the felony was | 19 | | committed under an agreement with 2 or more other persons
| 20 | | to commit that offense and the defendant, with respect to | 21 | | the other
individuals, occupied a position of organizer, | 22 | | supervisor, financier, or any
other position of management | 23 | | or leadership, and the court further finds that
the felony | 24 | | committed was related to or in furtherance of the criminal
| 25 | | activities of an organized gang or was motivated by the | 26 | | defendant's leadership
in an organized gang; or
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| 1 | | (6) When a defendant is convicted of an offense | 2 | | committed while using a firearm with a
laser sight | 3 | | attached to it. For purposes of this paragraph, "laser | 4 | | sight"
has the meaning ascribed to it in Section 26-7 of | 5 | | the Criminal Code of
2012; or
| 6 | | (7) When a defendant who was at least 17 years of age | 7 | | at the
time of
the commission of the offense is convicted | 8 | | of a felony and has been previously
adjudicated a | 9 | | delinquent minor under the Juvenile Court Act of 1987 for | 10 | | an act
that if committed by an adult would be a Class X or | 11 | | Class 1 felony when the
conviction has occurred within 10 | 12 | | years after the previous adjudication,
excluding time | 13 | | spent in custody; or
| 14 | | (8) When a defendant commits any felony and the | 15 | | defendant used, possessed, exercised control over, or | 16 | | otherwise directed an animal to assault a law enforcement | 17 | | officer engaged in the execution of his or her official | 18 | | duties or in furtherance of the criminal activities of an | 19 | | organized gang in which the defendant is engaged; or
| 20 | | (9) When a defendant commits any felony and the | 21 | | defendant knowingly video or audio records the offense | 22 | | with the intent to disseminate the recording. | 23 | | (c) The following factors may be considered by the court | 24 | | as reasons to impose an extended term sentence under Section | 25 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | 26 | | offenses: |
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| 1 | | (1) When a defendant is convicted of first degree | 2 | | murder, after having been previously convicted in Illinois | 3 | | of any offense listed under paragraph (c)(2) of Section | 4 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | 5 | | occurred within 10 years after the previous conviction, | 6 | | excluding time spent in custody, and the charges are | 7 | | separately brought and tried and arise out of different | 8 | | series of acts. | 9 | | (1.5) When a defendant is convicted of first degree | 10 | | murder, after having been previously convicted of domestic | 11 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 12 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 13 | | having been previously convicted of violation of an order | 14 | | of protection (720 ILCS 5/12-30) in which the same victim | 15 | | was the protected person. | 16 | | (2) When a defendant is convicted of voluntary | 17 | | manslaughter, second degree murder, involuntary | 18 | | manslaughter, or reckless homicide in which the defendant | 19 | | has been convicted of causing the death of more than one | 20 | | individual. | 21 | | (3) When a defendant is convicted of aggravated | 22 | | criminal sexual assault or criminal sexual assault, when | 23 | | there is a finding that aggravated criminal sexual assault | 24 | | or criminal sexual assault was also committed on the same | 25 | | victim by one or more other individuals, and the defendant | 26 | | voluntarily participated in the crime with the knowledge |
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| 1 | | of the participation of the others in the crime, and the | 2 | | commission of the crime was part of a single course of | 3 | | conduct during which there was no substantial change in | 4 | | the nature of the criminal objective. | 5 | | (4) If the victim was under 18 years of age at the time | 6 | | of the commission of the offense, when a defendant is | 7 | | convicted of aggravated criminal sexual assault or | 8 | | predatory criminal sexual assault of a child under | 9 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 10 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 12 | | (5) When a defendant is convicted of a felony | 13 | | violation of Section 24-1 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 15 | | finding that the defendant is a member of an organized | 16 | | gang. | 17 | | (6) When a defendant was convicted of unlawful use of | 18 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 20 | | a weapon that is not readily distinguishable as one of the | 21 | | weapons enumerated in Section 24-1 of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 23 | | (7) When a defendant is convicted of an offense | 24 | | involving the illegal manufacture of a controlled | 25 | | substance under Section 401 of the Illinois Controlled | 26 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
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| 1 | | of methamphetamine under Section 25 of the Methamphetamine | 2 | | Control and Community Protection Act (720 ILCS 646/25), or | 3 | | the illegal possession of explosives and an emergency | 4 | | response officer in the performance of his or her duties | 5 | | is killed or injured at the scene of the offense while | 6 | | responding to the emergency caused by the commission of | 7 | | the offense. In this paragraph, "emergency" means a | 8 | | situation in which a person's life, health, or safety is | 9 | | in jeopardy; and "emergency response officer" means a | 10 | | peace officer, community policing volunteer, fireman, | 11 | | emergency medical technician-ambulance, emergency medical | 12 | | technician-intermediate, emergency medical | 13 | | technician-paramedic, ambulance driver, other medical | 14 | | assistance or first aid personnel, or hospital emergency | 15 | | room personnel.
| 16 | | (8) When the defendant is convicted of attempted mob | 17 | | action, solicitation to commit mob action, or conspiracy | 18 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the | 19 | | Criminal Code of 2012, where the criminal object is a | 20 | | violation of Section 25-1 of the Criminal Code of 2012, | 21 | | and an electronic communication is used in the commission | 22 | | of the offense. For the purposes of this paragraph (8), | 23 | | "electronic communication" shall have the meaning provided | 24 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 25 | | (d) For the purposes of this Section, "organized gang" has | 26 | | the meaning
ascribed to it in Section 10 of the Illinois |
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| 1 | | Streetgang Terrorism Omnibus
Prevention Act.
| 2 | | (e) The court may impose an extended term sentence under | 3 | | Article 4.5 of Chapter V upon an offender who has been | 4 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 5 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 6 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | when the victim of the offense is under 18 years of age at the | 8 | | time of the commission of the offense and, during the | 9 | | commission of the offense, the victim was under the influence | 10 | | of alcohol, regardless of whether or not the alcohol was | 11 | | supplied by the offender; and the offender, at the time of the | 12 | | commission of the offense, knew or should have known that the | 13 | | victim had consumed alcohol. | 14 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | 15 | | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | 16 | | 8-20-21 .) | 17 | | (Text of Section after amendment by P.A. 102-982 ) | 18 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 19 | | sentencing.
| 20 | | (a) The following factors shall be accorded weight in | 21 | | favor of
imposing a term of imprisonment or may be considered | 22 | | by the court as reasons
to impose a more severe sentence under | 23 | | Section 5-8-1 or Article 4.5 of Chapter V:
| 24 | | (1) the defendant's conduct caused or threatened | 25 | | serious harm;
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| 1 | | (2) the defendant received compensation for committing | 2 | | the offense;
| 3 | | (3) the defendant has a history of prior delinquency | 4 | | or criminal activity;
| 5 | | (4) the defendant, by the duties of his office or by | 6 | | his position,
was obliged to prevent the particular | 7 | | offense committed or to bring
the offenders committing it | 8 | | to justice;
| 9 | | (5) the defendant held public office at the time of | 10 | | the offense,
and the offense related to the conduct of | 11 | | that office;
| 12 | | (6) the defendant utilized his professional reputation | 13 | | or
position in the community to commit the offense, or to | 14 | | afford
him an easier means of committing it;
| 15 | | (7) the sentence is necessary to deter others from | 16 | | committing
the same crime;
| 17 | | (8) the defendant committed the offense against a | 18 | | person 60 years of age
or older or such person's property;
| 19 | | (9) the defendant committed the offense against a | 20 | | person who has a physical disability or such person's | 21 | | property;
| 22 | | (10) by reason of another individual's actual or | 23 | | perceived race, color,
creed, religion, ancestry, gender, | 24 | | sexual orientation, physical or mental
disability, or | 25 | | national origin, the defendant committed the offense | 26 | | against (i)
the person or property
of that individual; |
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| 1 | | (ii) the person or property of a person who has an
| 2 | | association with, is married to, or has a friendship with | 3 | | the other individual;
or (iii) the person or property of a | 4 | | relative (by blood or marriage) of a
person described in | 5 | | clause (i) or (ii). For the purposes of this Section,
| 6 | | "sexual orientation" has the meaning ascribed to it in | 7 | | paragraph (O-1) of Section 1-103 of the Illinois Human | 8 | | Rights Act;
| 9 | | (11) the offense took place in a place of worship or on | 10 | | the
grounds of a place of worship, immediately prior to, | 11 | | during or immediately
following worship services. For | 12 | | purposes of this subparagraph, "place of
worship" shall | 13 | | mean any church, synagogue or other building, structure or
| 14 | | place used primarily for religious worship;
| 15 | | (12) the defendant was convicted of a felony committed | 16 | | while he was
on pretrial release or his own recognizance | 17 | | pending trial for a prior felony
and was convicted of such | 18 | | prior felony, or the defendant was convicted of a
felony | 19 | | committed while he was serving a period of probation,
| 20 | | conditional discharge, or mandatory supervised release | 21 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 22 | | (13) the defendant committed or attempted to commit a | 23 | | felony while he
was wearing a bulletproof vest. For the | 24 | | purposes of this paragraph (13), a
bulletproof vest is any | 25 | | device which is designed for the purpose of
protecting the | 26 | | wearer from bullets, shot or other lethal projectiles;
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| 1 | | (14) the defendant held a position of trust or | 2 | | supervision such as, but
not limited to, family member as | 3 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 4 | | teacher, scout leader, baby sitter, or day care worker, in
| 5 | | relation to a victim under 18 years of age, and the | 6 | | defendant committed an
offense in violation of Section | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 8 | | 11-14.4 except for an offense that involves keeping a | 9 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 10 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 11 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 12 | | of 2012
against
that victim;
| 13 | | (15) the defendant committed an offense related to the | 14 | | activities of an
organized gang. For the purposes of this | 15 | | factor, "organized gang" has the
meaning ascribed to it in | 16 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 17 | | Act;
| 18 | | (16) the defendant committed an offense in violation | 19 | | of one of the
following Sections while in a school, | 20 | | regardless of the time of day or time of
year; on any | 21 | | conveyance owned, leased, or contracted by a school to | 22 | | transport
students to or from school or a school related | 23 | | activity; on the real property
of a school; or on a public | 24 | | way within 1,000 feet of the real property
comprising any | 25 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | 26 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
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| 1 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | 2 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | 3 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | 4 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| 5 | | 1961 or the Criminal Code of 2012;
| 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, 11-1.20, 11-1.30, 11-1.40, | 14 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 15 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 16 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 17 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 18 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 19 | | Criminal Code of 2012;
| 20 | | (17) the defendant committed the offense by reason of | 21 | | any person's
activity as a community policing volunteer or | 22 | | to prevent any person from
engaging in activity as a | 23 | | community policing volunteer. For the purpose of
this | 24 | | Section, "community policing volunteer" has the meaning | 25 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 26 | | 2012;
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| 1 | | (18) the defendant committed the offense in a nursing | 2 | | home or on the
real
property comprising a nursing home. | 3 | | For the purposes of this paragraph (18),
"nursing home" | 4 | | means a skilled nursing
or intermediate long term care | 5 | | facility that is subject to license by the
Illinois | 6 | | Department of Public Health under the Nursing Home Care
| 7 | | Act, the Specialized Mental Health Rehabilitation Act of | 8 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| 9 | | (19) the defendant was a federally licensed firearm | 10 | | dealer
and
was
previously convicted of a violation of | 11 | | subsection (a) of Section 3 of the
Firearm Owners | 12 | | Identification Card Act and has now committed either a | 13 | | felony
violation
of the Firearm Owners Identification Card | 14 | | Act or an act of armed violence while
armed
with a firearm; | 15 | | (20) the defendant (i) committed the offense of | 16 | | reckless homicide under Section 9-3 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012 or the offense of | 18 | | driving under the influence of alcohol, other drug or
| 19 | | drugs, intoxicating compound or compounds or any | 20 | | combination thereof under Section 11-501 of the Illinois | 21 | | Vehicle Code or a similar provision of a local ordinance | 22 | | and (ii) was operating a motor vehicle in excess of 20 | 23 | | miles per hour over the posted speed limit as provided in | 24 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
| 25 | | (21) the defendant (i) committed the offense of | 26 | | reckless driving or aggravated reckless driving under |
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| 1 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 2 | | operating a motor vehicle in excess of 20 miles per hour | 3 | | over the posted speed limit as provided in Article VI of | 4 | | Chapter 11 of the Illinois Vehicle Code; | 5 | | (22) the defendant committed the offense against a | 6 | | person that the defendant knew, or reasonably should have | 7 | | known, was a member of the Armed Forces of the United | 8 | | States serving on active duty. For purposes of this clause | 9 | | (22), the term "Armed Forces" means any of the Armed | 10 | | Forces of the United States, including a member of any | 11 | | reserve component thereof or National Guard unit called to | 12 | | active duty;
| 13 | | (23)
the defendant committed the offense against a | 14 | | person who was elderly or infirm or who was a person with a | 15 | | disability by taking advantage of a family or fiduciary | 16 | | relationship with the elderly or infirm person or person | 17 | | with a disability;
| 18 | | (24)
the defendant committed any offense under Section | 19 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 20 | | of 2012 and possessed 100 or more images;
| 21 | | (25) the defendant committed the offense while the | 22 | | defendant or the victim was in a train, bus, or other | 23 | | vehicle used for public transportation; | 24 | | (26) the defendant committed the offense of child | 25 | | pornography or aggravated child pornography, specifically | 26 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
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| 1 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 3 | | solicited for, depicted in, or posed in any act of sexual | 4 | | penetration or bound, fettered, or subject to sadistic, | 5 | | masochistic, or sadomasochistic abuse in a sexual context | 6 | | and specifically including paragraph (1), (2), (3), (4), | 7 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 8 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 9 | | engaged in, solicited for, depicted in, or posed in any | 10 | | act of sexual penetration or bound, fettered, or subject | 11 | | to sadistic, masochistic, or sadomasochistic abuse in a | 12 | | sexual context; | 13 | | (27) the defendant committed the offense of first | 14 | | degree murder, assault, aggravated assault, battery, | 15 | | aggravated battery, robbery, armed robbery, or aggravated | 16 | | robbery against a person who was a veteran and the | 17 | | defendant knew, or reasonably should have known, that the | 18 | | person was a veteran performing duties as a representative | 19 | | of a veterans' organization. For the purposes of this | 20 | | paragraph (27), "veteran" means an Illinois resident who | 21 | | has served as a member of the United States Armed Forces, a | 22 | | member of the Illinois National Guard, or a member of the | 23 | | United States Reserve Forces; and "veterans' organization" | 24 | | means an organization comprised of members of
which | 25 | | substantially all are individuals who are veterans or | 26 | | spouses,
widows, or widowers of veterans, the primary |
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| 1 | | purpose of which is to
promote the welfare of its members | 2 | | and to provide assistance to the general
public in such a | 3 | | way as to confer a public benefit; | 4 | | (28) the defendant committed the offense of assault, | 5 | | aggravated assault, battery, aggravated battery, robbery, | 6 | | armed robbery, or aggravated robbery against a person that | 7 | | the defendant knew or reasonably should have known was a | 8 | | letter carrier or postal worker while that person was | 9 | | performing his or her duties delivering mail for the | 10 | | United States Postal Service; | 11 | | (29) the defendant committed the offense of criminal | 12 | | sexual assault, aggravated criminal sexual assault, | 13 | | criminal sexual abuse, or aggravated criminal sexual abuse | 14 | | against a victim with an intellectual disability, and the | 15 | | defendant holds a position of trust, authority, or | 16 | | supervision in relation to the victim; | 17 | | (30) the defendant committed the offense of promoting | 18 | | juvenile prostitution, patronizing a prostitute, or | 19 | | patronizing a minor engaged in prostitution and at the | 20 | | time of the commission of the offense knew that the | 21 | | prostitute or minor engaged in prostitution was in the | 22 | | custody or guardianship of the Department of Children and | 23 | | Family Services; | 24 | | (31) the defendant (i) committed the offense of | 25 | | driving while under the influence of alcohol, other drug | 26 | | or drugs, intoxicating compound or compounds or any |
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| 1 | | combination thereof in violation of Section 11-501 of the | 2 | | Illinois Vehicle Code or a similar provision of a local | 3 | | ordinance and (ii) the defendant during the commission of | 4 | | the offense was driving his or her vehicle upon a roadway | 5 | | designated for one-way traffic in the opposite direction | 6 | | of the direction indicated by official traffic control | 7 | | devices; | 8 | | (32) the defendant committed the offense of reckless | 9 | | homicide while committing a violation of Section 11-907 of | 10 | | the Illinois Vehicle Code; | 11 | | (33) the defendant was found guilty of an | 12 | | administrative infraction related to an act or acts of | 13 | | public indecency or sexual misconduct in the penal | 14 | | institution. In this paragraph (33), "penal institution" | 15 | | has the same meaning as in Section 2-14 of the Criminal | 16 | | Code of 2012; or | 17 | | (34) the defendant committed the offense of leaving | 18 | | the scene of a crash in violation of subsection (b) of | 19 | | Section 11-401 of the Illinois Vehicle Code and the crash | 20 | | resulted in the death of a person and at the time of the | 21 | | offense, the defendant was: (i) driving under the | 22 | | influence of alcohol, other drug or drugs, intoxicating | 23 | | compound or compounds or any combination thereof as | 24 | | defined by Section 11-501 of the Illinois Vehicle Code; or | 25 | | (ii) operating the motor vehicle while using an electronic | 26 | | communication device as defined in Section 12-610.2 of the |
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| 1 | | Illinois Vehicle Code ; or . | 2 | | (35) the defendant committed the offense of first | 3 | | degree murder during the commission of a violation of | 4 | | Section 18-7 of the Criminal Code of 2012. | 5 | | For the purposes of this Section:
| 6 | | "School" is defined as a public or private
elementary or | 7 | | secondary school, community college, college, or university.
| 8 | | "Day care center" means a public or private State | 9 | | certified and
licensed day care center as defined in Section | 10 | | 2.09 of the Child Care Act of
1969 that displays a sign in | 11 | | plain view stating that the
property is a day care center.
| 12 | | "Intellectual disability" means significantly subaverage | 13 | | intellectual functioning which exists concurrently
with | 14 | | impairment in adaptive behavior. | 15 | | "Public transportation" means the transportation
or | 16 | | conveyance of persons by means available to the general | 17 | | public, and includes paratransit services. | 18 | | "Traffic control devices" means all signs, signals, | 19 | | markings, and devices that conform to the Illinois Manual on | 20 | | Uniform Traffic Control Devices, placed or erected by | 21 | | authority of a public body or official having jurisdiction, | 22 | | for the purpose of regulating, warning, or guiding traffic. | 23 | | (b) The following factors, related to all felonies, may be | 24 | | considered by the court as
reasons to impose an extended term | 25 | | sentence under Section 5-8-2
upon any offender:
| 26 | | (1) When a defendant is convicted of any felony, after |
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| 1 | | having
been previously convicted in Illinois or any other | 2 | | jurisdiction of the
same or similar class felony or | 3 | | greater class felony, when such conviction
has occurred | 4 | | within 10 years after the
previous conviction, excluding | 5 | | time spent in custody, and such charges are
separately | 6 | | brought and tried and arise out of different series of | 7 | | acts; or
| 8 | | (2) When a defendant is convicted of any felony and | 9 | | the court
finds that the offense was accompanied by | 10 | | exceptionally brutal
or heinous behavior indicative of | 11 | | wanton cruelty; or
| 12 | | (3) When a defendant is convicted of any felony | 13 | | committed against:
| 14 | | (i) a person under 12 years of age at the time of | 15 | | the offense or such
person's property;
| 16 | | (ii) a person 60 years of age or older at the time | 17 | | of the offense or
such person's property; or
| 18 | | (iii) a person who had a physical disability at | 19 | | the time of the offense or
such person's property; or
| 20 | | (4) When a defendant is convicted of any felony and | 21 | | the offense
involved any of the following types of | 22 | | specific misconduct committed as
part of a ceremony, rite, | 23 | | initiation, observance, performance, practice or
activity | 24 | | of any actual or ostensible religious, fraternal, or | 25 | | social group:
| 26 | | (i) the brutalizing or torturing of humans or |
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| 1 | | animals;
| 2 | | (ii) the theft of human corpses;
| 3 | | (iii) the kidnapping of humans;
| 4 | | (iv) the desecration of any cemetery, religious, | 5 | | fraternal, business,
governmental, educational, or | 6 | | other building or property; or
| 7 | | (v) ritualized abuse of a child; or
| 8 | | (5) When a defendant is convicted of a felony other | 9 | | than conspiracy and
the court finds that
the felony was | 10 | | committed under an agreement with 2 or more other persons
| 11 | | to commit that offense and the defendant, with respect to | 12 | | the other
individuals, occupied a position of organizer, | 13 | | supervisor, financier, or any
other position of management | 14 | | or leadership, and the court further finds that
the felony | 15 | | committed was related to or in furtherance of the criminal
| 16 | | activities of an organized gang or was motivated by the | 17 | | defendant's leadership
in an organized gang; or
| 18 | | (6) When a defendant is convicted of an offense | 19 | | committed while using a firearm with a
laser sight | 20 | | attached to it. For purposes of this paragraph, "laser | 21 | | sight"
has the meaning ascribed to it in Section 26-7 of | 22 | | the Criminal Code of
2012; or
| 23 | | (7) When a defendant who was at least 17 years of age | 24 | | at the
time of
the commission of the offense is convicted | 25 | | of a felony and has been previously
adjudicated a | 26 | | delinquent minor under the Juvenile Court Act of 1987 for |
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| 1 | | an act
that if committed by an adult would be a Class X or | 2 | | Class 1 felony when the
conviction has occurred within 10 | 3 | | years after the previous adjudication,
excluding time | 4 | | spent in custody; or
| 5 | | (8) 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; or
| 11 | | (9) When a defendant commits any felony and the | 12 | | defendant knowingly video or audio records the offense | 13 | | with the intent to disseminate the recording. | 14 | | (c) The following factors may be considered by the court | 15 | | as reasons to impose an extended term sentence under Section | 16 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | 17 | | offenses: | 18 | | (1) When a defendant is convicted of first degree | 19 | | murder, after having been previously convicted in Illinois | 20 | | of any offense listed under paragraph (c)(2) of Section | 21 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | 22 | | occurred within 10 years after the previous conviction, | 23 | | excluding time spent in custody, and the charges are | 24 | | separately brought and tried and arise out of different | 25 | | series of acts. | 26 | | (1.5) When a defendant is convicted of first degree |
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| 1 | | murder, after having been previously convicted of domestic | 2 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 3 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 4 | | having been previously convicted of violation of an order | 5 | | of protection (720 ILCS 5/12-30) in which the same victim | 6 | | was the protected person. | 7 | | (2) When a defendant is convicted of voluntary | 8 | | manslaughter, second degree murder, involuntary | 9 | | manslaughter, or reckless homicide in which the defendant | 10 | | has been convicted of causing the death of more than one | 11 | | individual. | 12 | | (3) When a defendant is convicted of aggravated | 13 | | criminal sexual assault or criminal sexual assault, when | 14 | | there is a finding that aggravated criminal sexual assault | 15 | | or criminal sexual assault was also committed on the same | 16 | | victim by one or more other individuals, and the defendant | 17 | | voluntarily participated in the crime with the knowledge | 18 | | of the participation of the others in the crime, and the | 19 | | commission of the crime was part of a single course of | 20 | | conduct during which there was no substantial change in | 21 | | the nature of the criminal objective. | 22 | | (4) If the victim was under 18 years of age at the time | 23 | | of the commission of the offense, when a defendant is | 24 | | convicted of aggravated criminal sexual assault or | 25 | | predatory criminal sexual assault of a child under | 26 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
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| 1 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 3 | | (5) When a defendant is convicted of a felony | 4 | | violation of Section 24-1 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 6 | | finding that the defendant is a member of an organized | 7 | | gang. | 8 | | (6) When a defendant was convicted of unlawful use of | 9 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 10 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 11 | | a weapon that is not readily distinguishable as one of the | 12 | | weapons enumerated in Section 24-1 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 14 | | (7) When a defendant is convicted of an offense | 15 | | involving the illegal manufacture of a controlled | 16 | | substance under Section 401 of the Illinois Controlled | 17 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 18 | | of methamphetamine under Section 25 of the Methamphetamine | 19 | | Control and Community Protection Act (720 ILCS 646/25), or | 20 | | the illegal possession of explosives and an emergency | 21 | | response officer in the performance of his or her duties | 22 | | is killed or injured at the scene of the offense while | 23 | | responding to the emergency caused by the commission of | 24 | | the offense. In this paragraph, "emergency" means a | 25 | | situation in which a person's life, health, or safety is | 26 | | in jeopardy; and "emergency response officer" means a |
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| 1 | | peace officer, community policing volunteer, fireman, | 2 | | emergency medical technician-ambulance, emergency medical | 3 | | technician-intermediate, emergency medical | 4 | | technician-paramedic, ambulance driver, other medical | 5 | | assistance or first aid personnel, or hospital emergency | 6 | | room personnel.
| 7 | | (8) When the defendant is convicted of attempted mob | 8 | | action, solicitation to commit mob action, or conspiracy | 9 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the | 10 | | Criminal Code of 2012, where the criminal object is a | 11 | | violation of Section 25-1 of the Criminal Code of 2012, | 12 | | and an electronic communication is used in the commission | 13 | | of the offense. For the purposes of this paragraph (8), | 14 | | "electronic communication" shall have the meaning provided | 15 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 16 | | (d) For the purposes of this Section, "organized gang" has | 17 | | the meaning
ascribed to it in Section 10 of the Illinois | 18 | | Streetgang Terrorism Omnibus
Prevention Act.
| 19 | | (e) The court may impose an extended term sentence under | 20 | | Article 4.5 of Chapter V upon an offender who has been | 21 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 22 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 23 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 24 | | when the victim of the offense is under 18 years of age at the | 25 | | time of the commission of the offense and, during the | 26 | | commission of the offense, the victim was under the influence |
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| 1 | | of alcohol, regardless of whether or not the alcohol was | 2 | | supplied by the offender; and the offender, at the time of the | 3 | | commission of the offense, knew or should have known that the | 4 | | victim had consumed alcohol. | 5 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | 6 | | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | 7 | | 8-20-21; 102-982, eff. 7-1-23 .)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
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