Full Text of HB4238 94th General Assembly
HB4238sam002 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/28/2006
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| AMENDMENT TO HOUSE BILL 4238
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| AMENDMENT NO. ______. Amend House Bill 4238 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 5-1071 as follows:
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| (55 ILCS 5/5-1071) (from Ch. 34, par. 5-1071)
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| Sec. 5-1071. Dogs running at large. The county board of | 8 |
| each county
may regulate and prohibit the running at large of | 9 |
| dogs in unincorporated
areas of the county which have been | 10 |
| subdivided for residence purposes. The
county board may impose | 11 |
| such fines or penalties as are deemed proper to
effectuate any | 12 |
| such regulation or prohibition of dogs running at large,
except | 13 |
| when a fine or penalty is already allowed by law. No fine or | 14 |
| penalty
may exceed $50 for any one offense.
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| (Source: P.A. 86-962.)
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| Section 10. The Animal Control Act is amended by changing | 17 |
| Sections 16 and 26 as follows:
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| (510 ILCS 5/16) (from Ch. 8, par. 366)
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| Sec. 16. Animal attacks or injuries.
If a dog or other | 20 |
| animal, without provocation, attacks , attempts to attack, or | 21 |
| injures any
person who is peaceably conducting himself or | 22 |
| herself in any place where he or she may
lawfully be, the owner |
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| of such dog or other animal is liable in civil damages to
such | 2 |
| person for the full amount of the injury proximately caused | 3 |
| thereby
sustained .
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| (Source: P.A. 78-795.)
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| (510 ILCS 5/26) (from Ch. 8, par. 376)
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| Sec. 26. (a) Except as otherwise provided in this Act, any
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| Any person violating or aiding in or abetting the violation
of | 8 |
| any provision of this Act, or counterfeiting or forging any | 9 |
| certificate,
permit, or tag, or making any misrepresentation in | 10 |
| regard to any matter
prescribed by this Act, or resisting, | 11 |
| obstructing, or impeding the
Administrator or any authorized | 12 |
| officer in enforcing this Act, or refusing
to produce for | 13 |
| inoculation any dog in his possession, or who removes a tag | 14 |
| from
a dog for purposes of
destroying or concealing its | 15 |
| identity, is guilty of a Class C misdemeanor for a
first | 16 |
| offense and for a subsequent offense, is guilty of a Class B
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| misdemeanor.
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| Each day a person fails to comply constitutes a separate | 19 |
| offense. Each
State's Attorney to whom the Administrator | 20 |
| reports any violation of this
Act shall cause appropriate | 21 |
| proceedings to be instituted in the proper
courts without delay | 22 |
| and to be prosecuted in the manner provided by law.
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| (b) If the owner of a vicious dog subject to enclosure:
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| (1) fails to maintain or keep the dog in an enclosure | 25 |
| or fails to spay
or neuter the dog within the time period | 26 |
| prescribed; and
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| (2) the dog inflicts serious physical injury upon any | 28 |
| other person or causes the death of
another person; and
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| (3) the attack is unprovoked in a place where such | 30 |
| person is peaceably
conducting himself or herself and where | 31 |
| such person may lawfully be;
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| the owner shall
be guilty of a Class 3
Class 4 felony, unless | 33 |
| the owner knowingly
allowed the
dog to run at large or failed |
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| to take steps to keep the dog in an enclosure
then the owner | 2 |
| shall be guilty of a Class 2
Class 3 felony. The penalty
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| provided in
this paragraph shall be in addition to any other | 4 |
| criminal or civil sanction
provided by law.
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| (c) If the owner of a dangerous dog knowingly fails to | 6 |
| comply with any
order
regarding the dog and the dog inflicts | 7 |
| serious physical
injury on a person or a companion animal, the | 8 |
| owner shall be guilty of a Class 4 felony
Class
A misdemeanor . | 9 |
| If the
owner of a dangerous dog knowingly fails to comply with | 10 |
| any order regarding the
dog and
the dog kills a person the | 11 |
| owner shall be guilty of a Class 3
Class 4 felony.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| Section 15. The Unified Code of Corrections is amended by | 14 |
| changing Section 5-5-3.2 as follows:
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| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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| Sec. 5-5-3.2. Factors in Aggravation.
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| (a) The following factors shall be accorded weight in favor | 18 |
| of
imposing a term of imprisonment or may be considered by the | 19 |
| court as reasons
to impose a more severe sentence under Section | 20 |
| 5-8-1:
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| (1) the defendant's conduct caused or threatened | 22 |
| serious harm;
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| (2) the defendant received compensation for committing | 24 |
| the offense;
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| (3) the defendant has a history of prior delinquency or | 26 |
| criminal activity;
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| (4) the defendant, by the duties of his office or by | 28 |
| his position,
was obliged to prevent the particular offense | 29 |
| committed or to bring
the offenders committing it to | 30 |
| justice;
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| (5) the defendant held public office at the time of the | 32 |
| offense,
and the offense related to the conduct of that |
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| office;
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| (6) the defendant utilized his professional reputation | 3 |
| or
position in the community to commit the offense, or to | 4 |
| afford
him an easier means of committing it;
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| (7) the sentence is necessary to deter others from | 6 |
| committing
the same crime;
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| (8) the defendant committed the offense against a | 8 |
| person 60 years of age
or older or such person's property;
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| (9) the defendant committed the offense against a | 10 |
| person who is
physically handicapped or such person's | 11 |
| property;
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| (10) by reason of another individual's actual or | 13 |
| perceived race, color,
creed, religion, ancestry, gender, | 14 |
| sexual orientation, physical or mental
disability, or | 15 |
| national origin, the defendant committed the offense | 16 |
| against (i)
the person or property
of that individual; (ii) | 17 |
| the person or property of a person who has an
association | 18 |
| with, is married to, or has a friendship with the other | 19 |
| individual;
or (iii) the person or property of a relative | 20 |
| (by blood or marriage) of a
person described in clause (i) | 21 |
| or (ii). For the purposes of this Section,
"sexual | 22 |
| orientation" means heterosexuality, homosexuality, or | 23 |
| bisexuality;
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| (11) the offense took place in a place of worship or on | 25 |
| the
grounds of a place of worship, immediately prior to, | 26 |
| during or immediately
following worship services. For | 27 |
| purposes of this subparagraph, "place of
worship" shall | 28 |
| mean any church, synagogue or other building, structure or
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| place used primarily for religious worship;
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| (12) the defendant was convicted of a felony committed | 31 |
| while he was
released on bail or his own recognizance | 32 |
| pending trial for a prior felony
and was convicted of such | 33 |
| prior felony, or the defendant was convicted of a
felony | 34 |
| committed while he was serving a period of probation,
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| conditional discharge, or mandatory supervised release | 2 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
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| (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;
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| (14) the defendant held a position of trust or | 9 |
| supervision such as, but
not limited to, family member as | 10 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 11 |
| teacher, scout leader, baby sitter, or day care worker, in
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| relation to a victim under 18 years of age, and the | 13 |
| defendant committed an
offense in violation of Section | 14 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 15 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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| against
that victim;
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| (15) the defendant committed an offense related to the | 18 |
| activities of an
organized gang. For the purposes of this | 19 |
| factor, "organized gang" has the
meaning ascribed to it in | 20 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 21 |
| Act;
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| (16) the defendant committed an offense in violation of | 23 |
| one of the
following Sections while in a school, regardless | 24 |
| of the time of day or time of
year; on any conveyance | 25 |
| owned, leased, or contracted by a school to transport
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| students to or from school or a school related activity; on | 27 |
| the real property
of a school; or on a public way within | 28 |
| 1,000 feet of the real property
comprising any school: | 29 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 31 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 32 |
| 33A-2 of the Criminal Code of
1961;
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| (16.5) the defendant committed an offense in violation | 34 |
| of one of the
following Sections while in a day care |
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| center, regardless of the time of day or
time of year; on | 2 |
| the real property of a day care center, regardless of the | 3 |
| time
of day or time of year; or on a public
way within | 4 |
| 1,000 feet of the real property comprising any day care | 5 |
| center,
regardless of the time of day or time of year:
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| Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 9 |
| 33A-2 of the Criminal
Code of 1961;
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| (17) the defendant committed the offense by reason of | 11 |
| any person's
activity as a community policing volunteer or | 12 |
| to prevent any person from
engaging in activity as a | 13 |
| community policing volunteer. For the purpose of
this | 14 |
| Section, "community policing volunteer" has the meaning | 15 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 16 |
| 1961;
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| (18) the defendant committed the offense in a nursing | 18 |
| home or on the
real
property comprising a nursing home. For | 19 |
| the purposes of this paragraph (18),
"nursing home" means a | 20 |
| skilled nursing
or intermediate long term care facility | 21 |
| that is subject to license by the
Illinois Department of | 22 |
| Public Health under the Nursing Home Care
Act;
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| (19) the defendant was a federally licensed firearm | 24 |
| dealer
and
was
previously convicted of a violation of | 25 |
| subsection (a) of Section 3 of the
Firearm Owners | 26 |
| Identification Card Act and has now committed either a | 27 |
| felony
violation
of the Firearm Owners Identification Card | 28 |
| Act or an act of armed violence while
armed
with a firearm; | 29 |
| or | 30 |
| (20) the defendant (i) committed the offense of | 31 |
| reckless homicide under Section 9-3 of the Criminal Code of | 32 |
| 1961 or the offense of driving under the influence of | 33 |
| alcohol, other drug or
drugs, intoxicating compound or | 34 |
| compounds or any combination thereof under Section 11-501 |
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| of the Illinois Vehicle Code or a similar provision of a | 2 |
| local ordinance and (ii) was operating a motor vehicle in | 3 |
| excess of 20 miles per hour over the posted speed limit as | 4 |
| provided in Article VI of Chapter 11 of the Illinois | 5 |
| Vehicle Code ; or .
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| (21)
(20) the defendant (i) committed the offense of | 7 |
| reckless driving or aggravated reckless driving under | 8 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 9 |
| operating a motor vehicle in excess of 20 miles per hour | 10 |
| over the posted speed limit as provided in Article VI of | 11 |
| Chapter 11 of the Illinois Vehicle Code. | 12 |
| For the purposes of this Section:
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| "School" is defined as a public or private
elementary or | 14 |
| secondary school, community college, college, or university.
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| "Day care center" means a public or private State certified | 16 |
| and
licensed day care center as defined in Section 2.09 of the | 17 |
| Child Care Act of
1969 that displays a sign in plain view | 18 |
| stating that the
property is a day care center.
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| (b) The following factors may be considered by the court as
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| reasons to impose an extended term sentence under Section 5-8-2
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| upon any offender:
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| (1) When a defendant is convicted of any felony, after | 23 |
| having
been previously convicted in Illinois or any other | 24 |
| jurisdiction of the
same or similar class felony or greater | 25 |
| class felony, when such conviction
has occurred within 10 | 26 |
| years after the
previous conviction, excluding time spent | 27 |
| in custody, and such charges are
separately brought and | 28 |
| tried and arise out of different series of acts; or
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| (2) When a defendant is convicted of any felony and the | 30 |
| court
finds that the offense was accompanied by | 31 |
| exceptionally brutal
or heinous behavior indicative of | 32 |
| wanton cruelty; or
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| (3) When a defendant is convicted of voluntary | 34 |
| manslaughter, second
degree murder, involuntary |
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| manslaughter or reckless homicide in which the
defendant | 2 |
| has been convicted of causing the death of more than one | 3 |
| individual; or
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| (4) When a defendant is convicted of any felony | 5 |
| committed against:
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| (i) a person under 12 years of age at the time of | 7 |
| the offense or such
person's property;
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| (ii) a person 60 years of age or older at the time | 9 |
| of the offense or
such person's property; or
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| (iii) a person physically handicapped at the time | 11 |
| of the offense or
such person's property; or
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| (5) In the case of a defendant convicted of aggravated | 13 |
| criminal sexual
assault or criminal sexual assault, when | 14 |
| the court finds that
aggravated criminal sexual assault or | 15 |
| 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
of | 18 |
| 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 the | 21 |
| nature of the criminal objective; or
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| (6) When a defendant is convicted of any felony and the | 23 |
| offense
involved any of the following types of specific | 24 |
| misconduct committed as
part of a ceremony, rite, | 25 |
| initiation, observance, performance, practice or
activity | 26 |
| of any actual or ostensible religious, fraternal, or social | 27 |
| group:
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| (i) the brutalizing or torturing of humans or | 29 |
| animals;
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| (ii) the theft of human corpses;
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| (iii) the kidnapping of humans;
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| (iv) the desecration of any cemetery, religious, | 33 |
| fraternal, business,
governmental, educational, or | 34 |
| other building or property; or
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| (v) ritualized abuse of a child; or
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| (7) When a defendant is convicted of first degree | 3 |
| murder, after having
been previously convicted in Illinois | 4 |
| of any offense listed under paragraph
(c)(2) of Section | 5 |
| 5-5-3, when such conviction has occurred within 10 years
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| after the previous conviction, excluding time spent in | 7 |
| custody,
and such charges are separately brought and tried | 8 |
| and arise out of
different series of acts; or
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| (8) When a defendant is convicted of a felony other | 10 |
| than conspiracy and
the court finds that
the felony was | 11 |
| committed under an agreement with 2 or more other persons
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| to commit that offense and the defendant, with respect to | 13 |
| the other
individuals, occupied a position of organizer, | 14 |
| supervisor, financier, or any
other position of management | 15 |
| or leadership, and the court further finds that
the felony | 16 |
| committed was related to or in furtherance of the criminal
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| activities of an organized gang or was motivated by the | 18 |
| defendant's leadership
in an organized gang; or
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| (9) When a defendant is convicted of a felony violation | 20 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 21 |
| finds that the defendant is a member
of an organized gang; | 22 |
| or
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| (10) When a defendant committed the offense using a | 24 |
| firearm with a
laser sight attached to it. For purposes of | 25 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 26 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
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| (11) When a defendant who was at least 17 years of age | 28 |
| at the
time of
the commission of the offense is convicted | 29 |
| of a felony and has been previously
adjudicated a | 30 |
| delinquent minor under the Juvenile Court Act of 1987 for | 31 |
| an act
that if committed by an adult would be a Class X or | 32 |
| Class 1 felony when the
conviction has occurred within 10 | 33 |
| years after the previous adjudication,
excluding time | 34 |
| spent in custody; or
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| (12) When a defendant commits an offense involving the | 2 |
| illegal
manufacture of a controlled substance under | 3 |
| Section 401 of the Illinois
Controlled Substances Act, the | 4 |
| illegal manufacture of methamphetamine under Section 25 of | 5 |
| the Methamphetamine Control and Community Protection Act, | 6 |
| or the illegal possession of explosives and an
emergency | 7 |
| response
officer in
the performance of his or her duties is
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| killed or injured at the scene of the offense while | 9 |
| responding to the
emergency caused by the commission of the | 10 |
| offense.
In this paragraph (12),
"emergency" means a | 11 |
| situation in which a person's life, health, or safety is
in | 12 |
| jeopardy; and
"emergency response officer" means a peace | 13 |
| officer, community policing
volunteer, fireman, emergency | 14 |
| medical
technician-ambulance, emergency medical | 15 |
| technician-intermediate, emergency
medical | 16 |
| technician-paramedic, ambulance
driver, other medical | 17 |
| assistance or first aid personnel, or hospital emergency
| 18 |
| room personnel ; or .
| 19 |
| (13) When a defendant commits any felony and the | 20 |
| defendant used, possessed, exercised control over, or | 21 |
| otherwise directed an animal to assault a law enforcement | 22 |
| officer engaged in the execution of his or her official | 23 |
| duties or in furtherance of the criminal activities of an | 24 |
| organized gang in which the defendant is engaged.
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| (b-1) For the purposes of this Section, "organized gang" | 26 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 27 |
| Streetgang Terrorism Omnibus
Prevention Act.
| 28 |
| (c) The court may impose an extended term sentence under | 29 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 30 |
| criminal sexual assault
or predatory criminal sexual assault of | 31 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 32 |
| Criminal Code of 1961
where the victim was under 18 years of | 33 |
| age at the time of the commission
of the offense.
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| (d) The court may impose an extended term sentence under |
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| Section 5-8-2 upon
any offender who was convicted of unlawful | 2 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 3 |
| for possessing a weapon that is not readily
distinguishable as | 4 |
| one of the weapons enumerated in Section 24-1 of the
Criminal | 5 |
| Code of 1961.
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| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 7 |
| eff. 9-11-05; revised 8-19-05.)".
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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