Full Text of SB2651 98th General Assembly
SB2651sam001 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 3/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 2651
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-805 as follows:
| 6 | | (705 ILCS 405/5-805)
| 7 | | Sec. 5-805. Transfer of jurisdiction.
| 8 | | (1) Mandatory transfers.
| 9 | | (a) If a petition alleges commission by a minor 15 | 10 | | years of age or older
of an act that constitutes a forcible | 11 | | felony under the laws of this State, and
if a motion by the | 12 | | State's Attorney to prosecute the minor under the criminal
| 13 | | laws of Illinois for the alleged forcible felony alleges | 14 | | that (i) the minor has
previously been adjudicated | 15 | | delinquent or found guilty for commission of an act
that | 16 | | constitutes a felony under the laws of this State or any |
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| 1 | | other state and
(ii) the act that constitutes the offense | 2 | | was committed in furtherance of
criminal activity by an | 3 | | organized gang, the Juvenile Judge assigned to hear and
| 4 | | determine those motions shall, upon determining that there | 5 | | is probable cause
that both allegations are true, enter an | 6 | | order permitting prosecution under the
criminal laws of | 7 | | Illinois.
| 8 | | (b) If a petition alleges commission by a minor 15 | 9 | | years of age or older
of an act that constitutes a felony | 10 | | under the laws of this State, and if a
motion by a State's | 11 | | Attorney to prosecute the minor under the criminal laws of
| 12 | | Illinois for the alleged felony alleges that (i) the minor | 13 | | has previously been
adjudicated delinquent or found guilty | 14 | | for commission of an act that
constitutes a forcible
felony | 15 | | under the laws of this State or any other state and (ii) | 16 | | the act that
constitutes the offense was committed in | 17 | | furtherance of criminal activities by
an organized gang, | 18 | | the Juvenile Judge assigned to hear and determine those
| 19 | | motions shall, upon determining that there is probable | 20 | | cause that both
allegations are true, enter an order | 21 | | permitting prosecution under the criminal
laws of | 22 | | Illinois.
| 23 | | (c) If a petition alleges commission by a minor 15 | 24 | | years of age or older
of: (i) an act that constitutes an | 25 | | offense enumerated in the presumptive
transfer provisions | 26 | | of subsection (2); and (ii) the minor has previously been
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| 1 | | adjudicated delinquent or found guilty of a forcible | 2 | | felony, the Juvenile Judge
designated to hear and determine | 3 | | those motions shall, upon determining that
there is | 4 | | probable cause that both allegations are true, enter an | 5 | | order
permitting prosecution under the criminal laws of | 6 | | Illinois.
| 7 | | (d) If a petition alleges commission by a minor 15 | 8 | | years of age or older
of an act that constitutes the | 9 | | offense of aggravated discharge of a firearm
committed in a | 10 | | school, on the real property comprising a school, within | 11 | | 1,000
feet of the real property comprising a school, at a | 12 | | school related activity, or
on, boarding, or departing from | 13 | | any conveyance owned, leased, or contracted by
a school or | 14 | | school district to transport students to or from school or | 15 | | a school
related activity, regardless of the time of day or | 16 | | the time of year, the
juvenile judge designated to hear and | 17 | | determine those motions shall, upon
determining that there | 18 | | is probable cause that the allegations are true, enter
an | 19 | | order permitting prosecution under the criminal laws of | 20 | | Illinois.
| 21 | | For purposes of this paragraph (d) of subsection (1):
| 22 | | "School" means a public or private
elementary or | 23 | | secondary school, community college, college, or | 24 | | university.
| 25 | | "School related activity" means any sporting, social, | 26 | | academic, or other
activity for which students' attendance |
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| 1 | | or participation is sponsored,
organized, or funded in | 2 | | whole or in part by a school or school district.
| 3 | | (2) Presumptive transfer.
| 4 | | (a) If the State's Attorney files a petition, at any | 5 | | time prior to
commencement of the minor's trial, to permit | 6 | | prosecution under the criminal
laws and the petition | 7 | | alleges the commission by a minor 15 years of age or
older
| 8 | | of: (i) a Class X felony other than armed violence; (ii) | 9 | | aggravated discharge
of a firearm; (iii) armed violence | 10 | | with a firearm when the predicate offense
is a Class 1 or | 11 | | Class 2 felony and the State's Attorney's motion to | 12 | | transfer
the case alleges that the offense committed is in | 13 | | furtherance of the criminal
activities of an organized | 14 | | gang; (iv) armed violence with a firearm when the
predicate | 15 | | offense is a violation of the Illinois Controlled | 16 | | Substances Act, a violation of the Cannabis Control Act, or | 17 | | a violation of the Methamphetamine Control and Community | 18 | | Protection Act; (v) armed violence when the
weapon involved | 19 | | was a machine gun or other weapon described in subsection
| 20 | | (a)(7) of Section 24-1 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012; (vi) an act in violation of Section | 22 | | 401 of the Illinois Controlled Substances Act which is a | 23 | | Class X felony, while in a school, regardless of the time | 24 | | of day or the time of year, or on any conveyance owned, | 25 | | leased, or contracted by a school to transport students to | 26 | | or from school or a school related activity, or on |
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| 1 | | residential property owned, operated, or managed by a | 2 | | public housing agency or leased by a public housing agency | 3 | | as part of a scattered site or mixed-income development; or | 4 | | (vii) an act in violation of Section 401 of the Illinois | 5 | | Controlled Substances Act and the offense is alleged to | 6 | | have occurred while in a school or on a public way within | 7 | | 1,000 feet of the real property comprising any school, | 8 | | regardless of the time of day or the time of year when the | 9 | | delivery or intended delivery of any amount of the | 10 | | controlled substance is to a person under 17 years of age, | 11 | | (to qualify for a presumptive transfer under paragraph (vi) | 12 | | or (vii) of this clause (2)(a), the violation cannot be | 13 | | based upon subsection (b) of Section 407 of the Illinois | 14 | | Controlled Substances Act) ; or (viii) aggravated battery | 15 | | under subdivision (g)(4) of Section 12-3.05 of the Criminal | 16 | | Code of 2012 and, if the juvenile judge
assigned to hear | 17 | | and determine motions to transfer a case for prosecution in
| 18 | | the criminal court determines that there is probable cause | 19 | | to believe that the
allegations in the petition and motion | 20 | | are true, there is a rebuttable
presumption that the minor | 21 | | is not a fit and proper subject to be dealt with
under the | 22 | | Juvenile Justice Reform Provisions of 1998 (Public Act | 23 | | 90-590),
and that, except as provided in paragraph (b), the | 24 | | case should be transferred
to the criminal court.
| 25 | | (b) The judge shall enter an order permitting | 26 | | prosecution under the
criminal laws of Illinois unless the |
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| 1 | | judge makes a finding based on clear and
convincing | 2 | | evidence that the minor would be amenable to the care, | 3 | | treatment,
and training programs available through the | 4 | | facilities of the juvenile court
based on an evaluation of | 5 | | the following:
| 6 | | (i) the age of the minor;
| 7 | | (ii) the history of the minor, including:
| 8 | | (A) any previous delinquent or criminal | 9 | | history of the minor, | 10 | | (B) any previous abuse or neglect history of | 11 | | the minor, and
| 12 | | (C) any mental health, physical or educational | 13 | | history of the minor or combination of these | 14 | | factors;
| 15 | | (iii) the circumstances of the offense, including:
| 16 | | (A) the seriousness of the offense,
| 17 | | (B) whether the minor is charged through | 18 | | accountability,
| 19 | | (C) whether there is evidence the offense was | 20 | | committed in an aggressive and premeditated | 21 | | manner,
| 22 | | (D) whether there is evidence the offense | 23 | | caused serious bodily harm,
| 24 | | (E) whether there is evidence the minor | 25 | | possessed a deadly weapon;
| 26 | | (iv) the advantages of treatment within the |
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| 1 | | juvenile justice system including whether there are | 2 | | facilities or programs, or both, particularly | 3 | | available in the juvenile system;
| 4 | | (v) whether the security of the public requires | 5 | | sentencing under Chapter V of the Unified Code of | 6 | | Corrections:
| 7 | | (A) the minor's history of services, including | 8 | | the minor's willingness to participate | 9 | | meaningfully in available services;
| 10 | | (B) whether there is a reasonable likelihood | 11 | | that the minor can be rehabilitated before the | 12 | | expiration of the juvenile court's jurisdiction;
| 13 | | (C) the adequacy of the punishment or | 14 | | services.
| 15 | | In considering these factors, the court shall give | 16 | | greater
weight to the seriousness of the alleged offense | 17 | | and the minor's prior record
of delinquency than to the | 18 | | other factors listed in this subsection.
| 19 | | For purposes of clauses (2)(a)(vi) and (vii): | 20 | | "School" means a public or private elementary or secondary | 21 | | school, community college, college, or university. | 22 | | "School related activity" means any sporting, social, | 23 | | academic, or other activity for which students' attendance or | 24 | | participation is sponsored, organized, or funded in whole or in | 25 | | part by a school or school district.
| 26 | | (3) Discretionary transfer.
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| 1 | | (a) If a petition alleges commission by a minor 13 | 2 | | years of age or over of
an act that constitutes a crime | 3 | | under the laws of this State and, on motion of
the State's | 4 | | Attorney to permit prosecution of the minor under the | 5 | | criminal
laws, a Juvenile Judge assigned by the Chief Judge | 6 | | of the Circuit to hear and
determine those motions, after | 7 | | hearing but before commencement of the
trial, finds that | 8 | | there is probable cause to believe that the
allegations in | 9 | | the motion are true and that it is not in the best | 10 | | interests
of the public to proceed under this Act, the | 11 | | court may enter an
order permitting prosecution under the | 12 | | criminal laws.
| 13 | | (b) In making its determination on the motion to permit | 14 | | prosecution under
the criminal laws, the court shall | 15 | | consider among other matters:
| 16 | | (i) the age of the minor;
| 17 | | (ii) the history of the minor, including:
| 18 | | (A) any previous delinquent or criminal | 19 | | history of the minor,
| 20 | | (B) any previous abuse or neglect history of | 21 | | the minor, and
| 22 | | (C) any mental health, physical, or | 23 | | educational history of the minor or combination of | 24 | | these factors;
| 25 | | (iii) the circumstances of the offense, including:
| 26 | | (A) the seriousness of the offense,
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| 1 | | (B) whether the minor is charged through | 2 | | accountability,
| 3 | | (C) whether there is evidence the offense was | 4 | | committed in an aggressive and premeditated | 5 | | manner,
| 6 | | (D) whether there is evidence the offense | 7 | | caused serious bodily harm,
| 8 | | (E) whether there is evidence the minor | 9 | | possessed a deadly weapon;
| 10 | | (iv) the advantages of treatment within the | 11 | | juvenile justice system including whether there are | 12 | | facilities or programs, or both, particularly | 13 | | available in the juvenile system;
| 14 | | (v) whether the security of the public requires | 15 | | sentencing under Chapter V of the Unified Code of | 16 | | Corrections:
| 17 | | (A) the minor's history of services, including | 18 | | the minor's willingness to participate | 19 | | meaningfully in available services;
| 20 | | (B) whether there is a reasonable likelihood | 21 | | that the minor can be rehabilitated before the | 22 | | expiration of the juvenile court's jurisdiction;
| 23 | | (C) the adequacy of the punishment or | 24 | | services.
| 25 | | In considering these factors, the court shall give | 26 | | greater
weight to the seriousness of the alleged offense |
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| 1 | | and the minor's prior record
of delinquency than to the | 2 | | other factors listed in this subsection.
| 3 | | (4) The rules of evidence for this hearing shall be the | 4 | | same as under
Section 5-705 of this Act. A minor must be | 5 | | represented in court by counsel
before the hearing may be | 6 | | commenced.
| 7 | | (5) If criminal proceedings are instituted, the petition | 8 | | for adjudication
of wardship shall be dismissed insofar as the | 9 | | act or acts involved in the
criminal proceedings. Taking of | 10 | | evidence in a trial on petition for
adjudication of wardship is | 11 | | a bar to criminal proceedings based upon the
conduct alleged in | 12 | | the petition.
| 13 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 14 | | Section 10. The Criminal Code of 2012 is amended by | 15 | | changing Section 12-3.05 as follows:
| 16 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 17 | | Sec. 12-3.05. Aggravated battery.
| 18 | | (a) Offense based on injury. A person commits aggravated | 19 | | battery when, in committing a battery, other than by the | 20 | | discharge of a firearm, he or she knowingly does any of the | 21 | | following: | 22 | | (1) Causes great bodily harm or permanent disability or | 23 | | disfigurement. | 24 | | (2) Causes severe and permanent disability, great |
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| 1 | | bodily harm, or disfigurement by means of a caustic or | 2 | | flammable substance, a poisonous gas, a deadly biological | 3 | | or chemical contaminant or agent, a radioactive substance, | 4 | | or a bomb or explosive compound. | 5 | | (3) Causes great bodily harm or permanent disability or | 6 | | disfigurement to an individual whom the person knows to be | 7 | | a peace officer, community policing volunteer, fireman, | 8 | | private security officer, correctional institution | 9 | | employee, or Department of Human Services employee | 10 | | supervising or controlling sexually dangerous persons or | 11 | | sexually violent persons: | 12 | | (i) performing his or her official duties; | 13 | | (ii) battered to prevent performance of his or her | 14 | | official duties; or | 15 | | (iii) battered in retaliation for performing his | 16 | | or her official duties. | 17 | | (4) Causes great bodily harm or permanent disability or | 18 | | disfigurement to an individual 60 years of age or older. | 19 | | (5) Strangles another individual. | 20 | | (b) Offense based on injury to a child or intellectually | 21 | | disabled person. A person who is at least 18 years of age | 22 | | commits aggravated battery when, in committing a battery, he or | 23 | | she knowingly and without legal justification by any means: | 24 | | (1) causes great bodily harm or permanent disability or | 25 | | disfigurement to any child under the age of 13 years, or to | 26 | | any severely or profoundly intellectually disabled person; |
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| 1 | | or | 2 | | (2) causes bodily harm or disability or disfigurement | 3 | | to any child under the age of 13 years or to any severely | 4 | | or profoundly intellectually disabled person. | 5 | | (c) Offense based on location of conduct. A person commits | 6 | | aggravated battery when, in committing a battery, other than by | 7 | | the discharge of a firearm, he or she is or the person battered | 8 | | is on or about a public way, public property, a public place of | 9 | | accommodation or amusement, a sports venue, or a domestic | 10 | | violence shelter. | 11 | | (d) Offense based on status of victim. A person commits | 12 | | aggravated battery when, in committing a battery, other than by | 13 | | discharge of a firearm, he or she knows the individual battered | 14 | | to be any of the following: | 15 | | (1) A person 60 years of age or older. | 16 | | (2) A person who is pregnant or physically handicapped. | 17 | | (3) A teacher or school employee upon school grounds or | 18 | | grounds adjacent to a school or in any part of a building | 19 | | used for school purposes. | 20 | | (4) A peace officer, community policing volunteer, | 21 | | fireman, private security officer, correctional | 22 | | institution employee, or Department of Human Services | 23 | | employee supervising or controlling sexually dangerous | 24 | | persons or sexually violent persons: | 25 | | (i) performing his or her official duties; | 26 | | (ii) battered to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) battered in retaliation for performing his | 3 | | or her official duties. | 4 | | (5) A judge, emergency management worker, emergency | 5 | | medical technician, or utility 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 | | (6) An officer or employee of the State of Illinois, a | 12 | | unit of local government, or a school district, while | 13 | | performing his or her official duties. | 14 | | (7) A transit employee performing his or her official | 15 | | duties, or a transit passenger. | 16 | | (8) A taxi driver on duty. | 17 | | (9) A merchant who detains the person for an alleged | 18 | | commission of retail theft under Section 16-26 of this Code | 19 | | and the person without legal justification by any means | 20 | | causes bodily harm to the merchant. | 21 | | (10) A person authorized to serve process under Section | 22 | | 2-202 of the Code of Civil Procedure or a special process | 23 | | server appointed by the circuit court while that individual | 24 | | is in the performance of his or her duties as a process | 25 | | server. | 26 | | (11) A nurse while in the performance of his or her |
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| 1 | | duties as a nurse. | 2 | | (e) Offense based on use of a firearm. A person commits | 3 | | aggravated battery when, in committing a battery, he or she | 4 | | knowingly does any of the following: | 5 | | (1) Discharges a firearm, other than a machine gun or a | 6 | | firearm equipped with a silencer, and causes any injury to | 7 | | another person. | 8 | | (2) Discharges a firearm, other than a machine gun or a | 9 | | firearm equipped with a silencer, and causes any injury to | 10 | | a person he or she knows to be a peace officer, community | 11 | | policing volunteer, person summoned by a police officer, | 12 | | fireman, private security officer, correctional | 13 | | institution employee, or emergency management worker: | 14 | | (i) performing his or her official duties; | 15 | | (ii) battered to prevent performance of his or her | 16 | | official duties; or | 17 | | (iii) battered in retaliation for performing his | 18 | | or her official duties. | 19 | | (3) Discharges a firearm, other than a machine gun or a | 20 | | firearm equipped with a silencer, and causes any injury to | 21 | | a person he or she knows to be an emergency medical | 22 | | technician employed by a municipality or other | 23 | | governmental unit: | 24 | | (i) performing his or her official duties; | 25 | | (ii) battered to prevent performance of his or her | 26 | | official duties; or |
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| 1 | | (iii) battered in retaliation for performing his | 2 | | or her official duties. | 3 | | (4) Discharges a firearm and causes any injury to a | 4 | | person he or she knows to be a teacher, a student in a | 5 | | school, or a school employee, and the teacher, student, or | 6 | | employee is upon school grounds or grounds adjacent to a | 7 | | school or in any part of a building used for school | 8 | | purposes. | 9 | | (5) Discharges a machine gun or a firearm equipped with | 10 | | a silencer, and causes any injury to another person. | 11 | | (6) Discharges a machine gun or a firearm equipped with | 12 | | a silencer, and causes any injury to a person he or she | 13 | | knows to be a peace officer, community policing volunteer, | 14 | | person summoned by a police officer, fireman, private | 15 | | security officer, correctional institution employee or | 16 | | emergency management worker: | 17 | | (i) performing his or her official duties; | 18 | | (ii) battered to prevent performance of his or her | 19 | | official duties; or | 20 | | (iii) battered in retaliation for performing his | 21 | | or her official duties. | 22 | | (7) Discharges a machine gun or a firearm equipped with | 23 | | a silencer, and causes any injury to a person he or she | 24 | | knows to be an emergency medical technician employed by a | 25 | | municipality or other governmental unit: | 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 | | (8) Discharges a machine gun or a firearm equipped with | 6 | | a silencer, and causes any injury to a person he or she | 7 | | knows to be a teacher, or a student in a school, or a | 8 | | school employee, and the teacher, student, or employee is | 9 | | upon school grounds or grounds adjacent to a school or in | 10 | | any part of a building used for school purposes. | 11 | | (f) Offense based on use of a weapon or device. A person | 12 | | commits aggravated battery when, in committing a battery, he or | 13 | | she does any of the following: | 14 | | (1) Uses a deadly weapon other than by discharge of a | 15 | | firearm, or uses an air rifle as defined in Section | 16 | | 24.8-0.1 of this Code the Air Rifle
Act . | 17 | | (2) Wears a hood, robe, or mask to conceal his or her | 18 | | identity. | 19 | | (3) Knowingly and without lawful justification shines | 20 | | or flashes a laser gunsight or other laser device attached | 21 | | to a firearm, or used in concert with a firearm, so that | 22 | | the laser beam strikes upon or against the person of | 23 | | another. | 24 | | (4) Knowingly video or audio records the offense with | 25 | | the intent to disseminate the recording. | 26 | | (g) Offense based on certain conduct. A person commits |
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| 1 | | aggravated battery when, other than by discharge of a firearm, | 2 | | he or she does any of the following: | 3 | | (1) Violates Section 401 of the Illinois Controlled | 4 | | Substances Act by unlawfully delivering a controlled | 5 | | substance to another and any user experiences great bodily | 6 | | harm or permanent disability as a result of the injection, | 7 | | inhalation, or ingestion of any amount of the controlled | 8 | | substance. | 9 | | (2) Knowingly administers to an individual or causes | 10 | | him or her to take, without his or her consent or by threat | 11 | | or deception, and for other than medical purposes, any | 12 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 13 | | or controlled substance, or gives to another person any | 14 | | food containing any substance or object intended to cause | 15 | | physical injury if eaten. | 16 | | (3) Knowingly causes or attempts to cause a | 17 | | correctional institution employee or Department of Human | 18 | | Services employee to come into contact with blood, seminal | 19 | | fluid, urine, or feces by throwing, tossing, or expelling | 20 | | the fluid or material, and the person is an inmate of a | 21 | | penal institution or is a sexually dangerous person or | 22 | | sexually violent person in the custody of the Department of | 23 | | Human Services. | 24 | | (4) Commits a battery upon a person with the specific | 25 | | intent to cause that person to lose consciousness. | 26 | | (h) Sentence. Unless otherwise provided, aggravated |
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| 1 | | battery is a Class 3 felony. | 2 | | Aggravated battery as defined in subdivision (g)(4) is a | 3 | | Class 4 felony. | 4 | | Aggravated battery as defined in subdivision (a)(4), | 5 | | (d)(4), or (g)(3) is a Class 2 felony. | 6 | | Aggravated battery as defined in subdivision (a)(3) or | 7 | | (g)(1) is a Class 1 felony. | 8 | | Aggravated battery as defined in subdivision (a)(1) is a | 9 | | Class 1 felony when the aggravated battery was intentional and | 10 | | involved the infliction of torture, as defined in paragraph | 11 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 12 | | infliction of or subjection to extreme physical pain, motivated | 13 | | by an intent to increase or prolong the pain, suffering, or | 14 | | agony of the victim. | 15 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 16 | | felony if: | 17 | | (A) the person used or attempted to use a dangerous
| 18 | | instrument while committing the offense; or | 19 | | (B) the person caused great bodily harm or
permanent | 20 | | disability or disfigurement to the other
person while | 21 | | committing the offense; or | 22 | | (C) the person has been previously convicted of a
| 23 | | violation of subdivision (a)(5) under the laws of this
| 24 | | State or laws similar to subdivision (a)(5) of any other
| 25 | | state. | 26 | | Aggravated battery as defined in subdivision (e)(1) is a |
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| 1 | | Class X felony. | 2 | | Aggravated battery as defined in subdivision (a)(2) is a | 3 | | Class X felony for which a person shall be sentenced to a term | 4 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 5 | | years. | 6 | | Aggravated battery as defined in subdivision (e)(5) is a | 7 | | Class X felony for which a person shall be sentenced to a term | 8 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 9 | | years. | 10 | | Aggravated battery as defined in subdivision (e)(2), | 11 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 12 | | be sentenced to a term of imprisonment of a minimum of 15 years | 13 | | and a maximum of 60 years. | 14 | | Aggravated battery as defined in subdivision (e)(6), | 15 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 16 | | be sentenced to a term of imprisonment of a minimum of 20 years | 17 | | and a maximum of 60 years. | 18 | | Aggravated battery as defined in subdivision (b)(1) is a | 19 | | Class X felony, except that: | 20 | | (1) if the person committed the offense while armed | 21 | | with a firearm, 15 years shall be added to the term of | 22 | | imprisonment imposed by the court; | 23 | | (2) if, during the commission of the offense, the | 24 | | person personally discharged a firearm, 20 years shall be | 25 | | added to the term of imprisonment imposed by the court; | 26 | | (3) if, during the commission of the offense, the |
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| 1 | | person personally discharged a firearm that proximately | 2 | | caused great bodily harm, permanent disability, permanent | 3 | | disfigurement, or death to another person, 25 years or up | 4 | | to a term of natural life shall be added to the term of | 5 | | imprisonment imposed by the court. | 6 | | (i) Definitions. For the purposes of this Section: | 7 | | "Building or other structure used to provide shelter" has | 8 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 9 | | Violence Shelters Act. | 10 | | "Domestic violence" has the meaning ascribed to it in | 11 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 12 | | "Domestic violence shelter" means any building or other | 13 | | structure used to provide shelter or other services to victims | 14 | | or to the dependent children of victims of domestic violence | 15 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 16 | | Domestic Violence Shelters Act, or any place within 500 feet of | 17 | | such a building or other structure in the case of a person who | 18 | | is going to or from such a building or other structure. | 19 | | "Firearm" has the meaning provided under Section 1.1
of the | 20 | | Firearm Owners Identification Card Act, and does
not include an | 21 | | air rifle as defined by Section 24.8-0.1 of this Code. | 22 | | "Machine gun" has the meaning ascribed to it in Section | 23 | | 24-1 of this Code. | 24 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 25 | | of this Code. | 26 | | "Strangle" means
intentionally impeding the normal |
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| 1 | | breathing or circulation of the blood of an individual by | 2 | | applying pressure on the throat
or neck of that individual or | 3 | | by blocking the nose or mouth of
that individual.
| 4 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. | 5 | | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, | 6 | | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised | 7 | | 9-24-13.)".
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