Full Text of HB1504 95th General Assembly
HB1504eng 95TH GENERAL ASSEMBLY
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HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 12-2, 12-4, 12-4.6, 12-14, 12-16, 12-21, 16-1, 16-1.3, | 6 |
| 16G-20, 18-1, and 18-4 as follows:
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in | 10 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 12 |
| designed to be
substantially similar in appearance to a | 13 |
| firearm, other than by
discharging a firearm in the | 14 |
| direction of another person, a peace
officer, a person | 15 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 17 |
| occupied by another
person, a peace officer, a person | 18 |
| summoned or directed by a peace officer,
a correctional | 19 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 21 |
| to prevent the
officer or fireman from performing his | 22 |
| official duties, or in retaliation
for the officer or | 23 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 2 |
| conceal his
identity or any device manufactured and | 3 |
| designed to be substantially
similar in appearance to a | 4 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 6 |
| other person
employed in any school and such teacher or | 7 |
| other employee is upon the
grounds of a school or grounds | 8 |
| adjacent thereto, or is in any part of a
building used for | 9 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 11 |
| director,
instructor or other person employed in any park | 12 |
| district and such
supervisor, director, instructor or | 13 |
| other employee is upon the grounds of
the park or grounds | 14 |
| adjacent thereto, or is in any part of a building used
for | 15 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 17 |
| investigator, or
other person employed by the Department of | 18 |
| Healthcare and Family Services (formerly State Department | 19 |
| of Public Aid ) , a
County
Department of Public Aid, or the | 20 |
| Department of Human Services (acting as
successor to the | 21 |
| Illinois Department of Public Aid under the Department of
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| Human Services Act) and such caseworker, investigator, or | 23 |
| other person
is upon the grounds of a public aid office or | 24 |
| grounds adjacent thereto, or
is in any part of a building | 25 |
| used for public aid purposes, or upon the
grounds of a home | 26 |
| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employees' | 2 |
| discharge of his
duties, or on grounds adjacent thereto, or | 3 |
| is in any part of a building in
which the applicant, | 4 |
| recipient, or other such person resides or is located;
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| (6) Knows the individual assaulted to be a peace | 6 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 8 |
| any of his
official duties, or to prevent the officer, | 9 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 11 |
| community policing
volunteer, or fireman
performing his | 12 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 14 |
| or fireman or
in the direction of a vehicle occupied by the | 15 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 17 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 19 |
| paramedic, ambulance
driver or other medical
assistance or | 20 |
| first aid personnel engaged in the
execution of any of his | 21 |
| official duties, or to prevent the
emergency medical | 22 |
| technician - ambulance, emergency medical
technician - | 23 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 25 |
| personnel from
performing his official duties, or in | 26 |
| retaliation for the
emergency medical technician - |
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| ambulance, emergency medical
technician - intermediate, | 2 |
| emergency medical technician - paramedic,
ambulance | 3 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 6 |
| operator, employee
or passenger of any transportation | 7 |
| facility or system engaged in the
business of | 8 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 10 |
| such public
transportation as a passenger or using any area | 11 |
| of any description
designated by the transportation | 12 |
| facility or system as a vehicle boarding,
departure, or | 13 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 15 |
| way, public
property, or public place of accommodation or | 16 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 18 |
| publicly or privately owned sports or entertainment arena, | 19 |
| stadium, community or convention hall, special event | 20 |
| center, amusement facility, or a special event center in a | 21 |
| public park during any 24-hour period when a professional | 22 |
| sporting event, National Collegiate Athletic Association | 23 |
| (NCAA)-sanctioned sporting event, United States Olympic | 24 |
| Committee-sanctioned sporting event, or International | 25 |
| Olympic Committee-sanctioned sporting event is taking | 26 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 2 |
| of the State of
Illinois, a municipal corporation therein | 3 |
| or a political subdivision
thereof, engaged in the | 4 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 6 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 8 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 11 |
| correctional officer, while
the officer is engaged in the | 12 |
| execution of any of his or her official duties,
or to | 13 |
| prevent the officer from performing his or her official | 14 |
| duties, or in
retaliation for the officer performing his or | 15 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 17 |
| correctional employee or
an employee of the Department of | 18 |
| Human Services supervising or controlling
sexually | 19 |
| dangerous persons or sexually violent persons, while
the | 20 |
| employee is engaged in the execution of any of his or her | 21 |
| official duties,
or to prevent the employee from performing | 22 |
| his or her official duties, or in
retaliation for the | 23 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 25 |
| firearm in the direction
of the employee or in the | 26 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 2 |
| of a police or
sheriff's department engaged in the | 3 |
| performance of his or her official duties
as such employee; | 4 |
| or
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| (17) Knows the individual assaulted to be a sports | 6 |
| official or coach at any level of competition and the act | 7 |
| causing the assault to the sports official or coach | 8 |
| occurred within an athletic facility or an indoor or | 9 |
| outdoor playing field or within the immediate vicinity of | 10 |
| the athletic facility or an indoor or outdoor playing field | 11 |
| at which the sports official or coach was an active | 12 |
| participant in the athletic contest held at the athletic | 13 |
| facility. For the purposes of this paragraph (17), "sports | 14 |
| official" means a person at an athletic contest who | 15 |
| enforces the rules of the contest, such as an umpire or | 16 |
| referee; and "coach" means a person recognized as a coach | 17 |
| by the sanctioning authority that conducted the athletic | 18 |
| contest ; or .
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| (18) Knows the individual assaulted to be an emergency | 20 |
| management
worker, while the emergency management worker | 21 |
| is engaged in the execution of
any of his or her official | 22 |
| duties,
or to prevent the emergency management worker from | 23 |
| performing his or her
official duties, or in retaliation | 24 |
| for the emergency management worker
performing his or her | 25 |
| official duties, and the assault is committed other than
by | 26 |
| the discharge of a firearm in the direction of the |
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| emergency management
worker or in the direction of a | 2 |
| vehicle occupied by the emergency management
worker.
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| (a-5) A person commits an aggravated assault when he or she | 4 |
| knowingly and
without lawful justification shines or flashes a | 5 |
| laser gunsight or other laser
device that is attached or | 6 |
| affixed to a firearm, or used in concert with a
firearm, so | 7 |
| that the laser beam strikes near or in the immediate vicinity | 8 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 11 |
| and (8) through
(11)
(12) and (17) of subsection (a) of this | 12 |
| Section is a Class A misdemeanor. Aggravated
assault as defined | 13 |
| in paragraphs (12), (13), (14), and (15) of subsection (a) of | 14 |
| this
Section and as defined in subsection (a-5) of this Section | 15 |
| is a Class 4
felony. Aggravated assault as defined in | 16 |
| paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | 17 |
| Section is a Class A misdemeanor if a firearm is not
used in | 18 |
| the commission of the assault. Aggravated assault as defined in
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| paragraphs (6), (7), (16), and (18) of subsection (a) of this
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| Section is a Class 4 felony if a firearm is used in the | 21 |
| commission of the
assault.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 23 |
| eff. 1-1-06; revised 12-15-05.)
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who, in committing a battery, intentionally or | 2 |
| knowingly
causes great bodily harm, or permanent disability or | 3 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 5 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 7 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 9 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 11 |
| other person
employed in any school and such teacher or | 12 |
| other employee is upon the
grounds of a school or grounds | 13 |
| adjacent thereto, or is in any part of a
building used for | 14 |
| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the | 19 |
| execution of
any official duties, or to prevent the | 20 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 22 |
| and the battery is committed other than by the discharge of | 23 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 25 |
| medical technician -
ambulance, emergency medical | 26 |
| technician - intermediate, emergency medical
technician - |
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| paramedic, ambulance driver, other medical assistance, | 2 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 4 |
| prevent the emergency medical technician - ambulance, | 5 |
| emergency medical
technician - intermediate, emergency | 6 |
| medical technician - paramedic, ambulance
driver, other | 7 |
| medical assistance, first aid personnel, or
hospital | 8 |
| personnel from performing
official duties, or in | 9 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 11 |
| way, public
property or public place of accommodation or | 12 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 14 |
| privately owned sports or entertainment arena, stadium, | 15 |
| community or convention hall, special event center, | 16 |
| amusement facility, or a special event center in a public | 17 |
| park during any 24-hour period when a professional sporting | 18 |
| event, National Collegiate Athletic Association | 19 |
| (NCAA)-sanctioned sporting event, United States Olympic | 20 |
| Committee-sanctioned sporting event, or International | 21 |
| Olympic Committee-sanctioned sporting event is taking | 22 |
| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 24 |
| operator, employee
or passenger of any transportation | 25 |
| facility or system engaged in the
business of | 26 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 2 |
| such public
transportation as a passenger or using any area | 3 |
| of any description
designated by the transportation | 4 |
| facility or system as a vehicle
boarding, departure, or | 5 |
| transfer location;
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| (10) Knows the individual harmed to be an individual of | 7 |
| 60 years of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) Knows the individual harmed to be a judge whom the
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| person intended to harm as a result of the judge's | 11 |
| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is | 14 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 16 |
| any means causes
bodily harm to a merchant who detains the | 17 |
| person for an alleged commission of
retail theft under | 18 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 19 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 20 |
| Code;
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| (16) Is, or the person battered is, in any building or | 22 |
| other structure
used to provide shelter or other services | 23 |
| to victims or to the dependent
children of victims of | 24 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 26 |
| or the person
battered is within 500 feet of such a |
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| building or other structure while going
to or from such a | 2 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 4 |
| Domestic Violence Act of
1986. "Building or other structure | 5 |
| used to provide shelter" has the meaning
ascribed to | 6 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 7 |
| Act;
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| (17) (Blank); or
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| (18) Knows the individual harmed to be an officer or | 10 |
| employee of the State of Illinois, a unit of local | 11 |
| government, or school district engaged in the performance | 12 |
| of his or her authorized duties as such officer or | 13 |
| employee ; or .
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| (19)
(18) Knows the individual harmed to be an | 15 |
| emergency management worker
engaged in the performance of | 16 |
| any of his or her official duties, or to prevent
the | 17 |
| emergency management worker from performing official | 18 |
| duties, or in
retaliation for the emergency management | 19 |
| worker performing official duties.
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| For the purpose of paragraph (14) of subsection (b) of this | 21 |
| Section, a
physically handicapped person is a person who | 22 |
| suffers from a permanent and
disabling physical | 23 |
| characteristic, resulting from disease, injury,
functional | 24 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him | 26 |
| to take,
without his consent or by threat or deception, and for |
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| other than
medical purposes, any intoxicating, poisonous, | 2 |
| stupefying, narcotic,
anesthetic, or controlled substance | 3 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 5 |
| that
contains any substance or object that is intended to cause | 6 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 8 |
| knowingly and
without lawful justification shines or flashes a | 9 |
| laser gunsight or other laser
device that is attached or | 10 |
| affixed to a firearm, or used in concert with a
firearm, so | 11 |
| that the laser beam strikes upon or against the person of | 12 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 14 |
| dangerous person or a
sexually violent person in the custody of | 15 |
| the Department of Human Services
who causes or attempts to | 16 |
| cause a
correctional employee of the penal institution or an | 17 |
| employee of the
Department of Human Services to come into | 18 |
| contact with blood,
seminal fluid, urine, or feces, by | 19 |
| throwing, tossing, or expelling that fluid
or material commits | 20 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 22 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) ,
and
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| (3), and (4) aggravated battery is a Class 3 felony. | 26 |
| (2) Aggravated battery that does not cause great bodily |
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| harm or permanent disability or disfigurement is a Class 2 | 2 |
| felony when the person knows
the individual harmed to be a | 3 |
| peace officer, a community
policing volunteer, a | 4 |
| correctional institution employee, an
employee of the | 5 |
| Department of Human Services supervising or
controlling | 6 |
| sexually dangerous persons or sexually violent
persons, or | 7 |
| a fireman while such officer, volunteer, employee,
or | 8 |
| fireman is engaged in the execution of any official duties
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| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing
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| official duties, or in retaliation for the officer, | 12 |
| volunteer,
employee, or fireman performing official | 13 |
| duties, and the
battery is committed other than by the | 14 |
| discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or | 16 |
| permanent disability or disfigurement in
violation of | 17 |
| subsection (a)
is a Class 1 felony when the person knows | 18 |
| the individual harmed to be a peace
officer, a community
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| policing volunteer, a correctional institution employee, | 20 |
| an employee
of the Department of Human Services supervising | 21 |
| or controlling sexually
dangerous persons or sexually | 22 |
| violent persons, or a fireman while
such officer, | 23 |
| volunteer, employee, or fireman is engaged in the execution | 24 |
| of
any official duties including arrest or attempted | 25 |
| arrest, or to prevent the
officer, volunteer, employee, or | 26 |
| fireman from performing official duties, or in
retaliation |
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| for the officer, volunteer, employee, or fireman | 2 |
| performing official
duties, and the battery is committed | 3 |
| other than by the discharge of a firearm .
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| (4) Aggravated battery of an individual whom the | 5 |
| defendant knows to be 60 years of age or older is a Class 2 | 6 |
| felony.
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| (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | 8 |
| eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | 9 |
| 94-482, eff. 1-1-06; revised 8-19-05.)
| 10 |
| (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
| 11 |
| Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A | 12 |
| person
who, in committing battery, intentionally or knowingly | 13 |
| causes great bodily
harm or permanent disability or | 14 |
| disfigurement to an individual of 60 years
of age or older | 15 |
| commits aggravated battery of a senior citizen.
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| (b) Sentence. Aggravated battery of a senior citizen is a | 17 |
| Class 1
2 felony.
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| (Source: P.A. 85-1177.)
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| (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
| 20 |
| Sec. 12-14. Aggravated Criminal Sexual Assault.
| 21 |
| (a) The accused commits
aggravated criminal sexual assault | 22 |
| if he or she commits criminal sexual
assault and any of the | 23 |
| following aggravating circumstances existed during, or
for the | 24 |
| purposes of paragraph (7) of this subsection (a)
as part of the |
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| same course of conduct as, the commission of the offense:
| 2 |
| (1) the accused displayed, threatened to use, or used a | 3 |
| dangerous
weapon, other than a firearm, or any object | 4 |
| fashioned or utilized in such a
manner as to lead the | 5 |
| victim under the circumstances reasonably to believe it
to | 6 |
| be a dangerous weapon; or
| 7 |
| (2) the accused caused bodily harm, except as provided | 8 |
| in subsection
(a)(10), to the victim; or
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| (3) the accused acted in such a manner as to threaten | 10 |
| or endanger the
life of the victim or any other person; or
| 11 |
| (4) the criminal sexual assault was perpetrated during | 12 |
| the course of
the commission or attempted commission of any | 13 |
| other felony by the accused; or
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| (5) the victim was 60 years of age or over when the | 15 |
| offense was committed;
or
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| (6) the victim was a physically handicapped person; or
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| (7) the accused delivered (by injection, inhalation, | 18 |
| ingestion, transfer
of possession, or any other means) to | 19 |
| the victim without his or her consent, or
by threat or | 20 |
| deception, and for other than medical purposes, any | 21 |
| controlled
substance; or
| 22 |
| (8) the accused was armed with a firearm; or
| 23 |
| (9) the accused personally discharged a firearm during | 24 |
| the commission of
the offense; or
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| (10) the accused, during the commission of the offense, | 26 |
| personally
discharged a firearm that proximately caused |
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LRB095 10153 RLC 30367 b |
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| great bodily harm, permanent
disability, permanent | 2 |
| disfigurement, or death to another person.
| 3 |
| (b) The accused commits aggravated criminal sexual assault | 4 |
| if
the accused was under 17 years of age and (i) commits an act | 5 |
| of
sexual penetration with a victim who was under 9 years of | 6 |
| age when the act
was committed; or (ii) commits an act of | 7 |
| sexual penetration with a victim
who was at least 9 years of | 8 |
| age but under 13 years of age when the act was
committed and | 9 |
| the accused used force or threat of force to commit the act.
| 10 |
| (c) The accused commits aggravated criminal sexual assault | 11 |
| if he or
she commits an act of sexual penetration with a victim | 12 |
| who was a severely or
profoundly mentally retarded person at | 13 |
| the
time the act was committed.
| 14 |
| (d) Sentence.
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| (1) Aggravated criminal sexual assault in violation of | 16 |
| paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 17 |
| or in violation of
subsection (b) or
(c) is a Class X | 18 |
| felony.
Aggravated criminal sexual assault in violation of | 19 |
| paragraph
(5) of subsection (a) is a Class X felony for | 20 |
| which the offender shall be sentenced to an extended term | 21 |
| sentence under Section 5-8-2 of the Unified Code of | 22 |
| Corrections. A violation of subsection (a)(1) is a Class X | 23 |
| felony for which 10 years shall
be added to the term of | 24 |
| imprisonment imposed by the court. A violation of
| 25 |
| subsection (a)(8) is a Class X felony for which 15 years | 26 |
| shall be added to the
term of imprisonment imposed by the |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| court. A violation of
subsection (a)(9) is a Class X felony | 2 |
| for which 20 years shall be added to the
term of | 3 |
| imprisonment imposed by the court. A violation of | 4 |
| subsection (a)(10) is
a Class X felony for which 25 years | 5 |
| or up to a term of natural life
imprisonment shall be added | 6 |
| to
the term of imprisonment imposed by the court.
| 7 |
| (2) A person who is convicted of a second or subsequent | 8 |
| offense of
aggravated criminal sexual assault, or who is | 9 |
| convicted of the offense of
aggravated
criminal sexual | 10 |
| assault after having previously been convicted of the | 11 |
| offense
of criminal sexual assault or the offense of | 12 |
| predatory criminal sexual assault
of a child, or who is | 13 |
| convicted of the offense of aggravated criminal sexual
| 14 |
| assault after having previously been convicted under the | 15 |
| laws of this or any
other state of an offense that is | 16 |
| substantially equivalent to the offense of
criminal sexual
| 17 |
| assault, the offense of aggravated criminal sexual assault | 18 |
| or the offense of
predatory criminal sexual assault of a | 19 |
| child, shall be sentenced to a term of
natural life | 20 |
| imprisonment.
The commission of the second or subsequent | 21 |
| offense is required to have been
after the initial | 22 |
| conviction for this paragraph (2) to apply.
| 23 |
| (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | 24 |
| eff.
12-19-01; 92-721, eff. 1-1-03 .)
| 25 |
| (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
|
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| Sec. 12-16. Aggravated Criminal Sexual Abuse.
| 2 |
| (a) The accused commits aggravated criminal sexual abuse if | 3 |
| he or she
commits criminal sexual abuse as defined in | 4 |
| subsection (a) of Section 12-15
of this Code and any of the | 5 |
| following aggravating
circumstances existed during, or for the | 6 |
| purposes of paragraph (7) of this
subsection (a) as part of the | 7 |
| same course of conduct as, the commission of
the
offense:
| 8 |
| (1) the accused displayed, threatened to use or used a | 9 |
| dangerous weapon
or any object fashioned or utilized in | 10 |
| such a manner as to lead the victim
under the circumstances | 11 |
| reasonably to believe it to be a dangerous weapon; or
| 12 |
| (2) the accused caused bodily harm to the victim; or
| 13 |
| (3) the victim was 60 years of age or over when the | 14 |
| offense was committed;
or
| 15 |
| (4) the victim was a physically handicapped person; or
| 16 |
| (5) the accused acted in such a manner as to threaten | 17 |
| or endanger the
life of the victim or any other person; or
| 18 |
| (6) the criminal sexual abuse was perpetrated during | 19 |
| the course of the
commission or attempted commission of any | 20 |
| other felony by the accused; or
| 21 |
| (7) the accused delivered (by injection, inhalation, | 22 |
| ingestion, transfer
of possession, or any other means) to | 23 |
| the victim without his or her consent, or
by threat or | 24 |
| deception,
and for other than medical
purposes, any
| 25 |
| controlled substance.
| 26 |
| (b) The accused commits aggravated criminal sexual abuse if |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| he or she
commits an act of sexual conduct with a victim who | 2 |
| was under 18
years of age when the act was committed
and the | 3 |
| accused was a family member.
| 4 |
| (c) The accused commits aggravated criminal sexual abuse | 5 |
| if:
| 6 |
| (1) the accused was 17 years of age or over and (i) | 7 |
| commits an act of
sexual
conduct with a victim who was | 8 |
| under 13 years of age when the
act was committed; or
(ii) | 9 |
| commits an act of sexual conduct with a victim who was at | 10 |
| least 13
years of age but under 17 years of age when the | 11 |
| act was committed and the
accused used force or threat of | 12 |
| force to commit the act; or
| 13 |
| (2) the accused was under 17 years of age and (i) | 14 |
| commits an act of
sexual conduct with a victim who was | 15 |
| under 9 years of age when the act was
committed; or (ii) | 16 |
| commits an act of sexual conduct with a victim who was
at | 17 |
| least 9 years of age but under 17 years of age when the act | 18 |
| was
committed and the accused used force or threat of force | 19 |
| to commit the act.
| 20 |
| (d) The accused commits aggravated criminal sexual abuse if | 21 |
| he or she
commits an act of sexual penetration or sexual | 22 |
| conduct with a victim
who was at least 13
years of age but | 23 |
| under 17 years of age and the accused was at least 5 years
| 24 |
| older than the victim.
| 25 |
| (e) The accused commits aggravated criminal sexual abuse if | 26 |
| he or she
commits an act of sexual conduct with a victim who |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| was a
severely or profoundly mentally retarded person at the | 2 |
| time the act was
committed.
| 3 |
| (f) The accused commits aggravated criminal sexual abuse if
| 4 |
| he or she commits an act of sexual conduct with a victim who | 5 |
| was at least
13 years of age but under 18 years of age when the | 6 |
| act was committed and
the accused was 17 years of age or over | 7 |
| and held a position of trust,
authority or supervision in | 8 |
| relation to the victim.
| 9 |
| (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | 10 |
| felony , except that aggravated criminal sexual abuse when the | 11 |
| victim was 60 years of age or over when the offense was | 12 |
| committed is a Class 1 felony .
| 13 |
| (Source: P.A. 92-434, eff. 1-1-02.)
| 14 |
| (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
| 15 |
| Sec. 12-21. Criminal abuse or neglect of an elderly person | 16 |
| or person
with a disability.
| 17 |
| (a) A person commits the offense of criminal abuse or | 18 |
| neglect of an
elderly person or person with a disability when | 19 |
| he or she is a caregiver and he
or she knowingly:
| 20 |
| (1) performs acts that cause the elderly person or | 21 |
| person with a
disability's life to be
endangered, health to | 22 |
| be injured, or pre-existing physical or mental
condition to | 23 |
| deteriorate; or
| 24 |
| (2) fails to perform acts that he or she knows or
| 25 |
| reasonably should know are
necessary to maintain or |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| preserve the life or health of the elderly person
or person | 2 |
| with a disability and such failure causes the elderly
| 3 |
| person or person with a disability's
life to be endangered, | 4 |
| health to be injured or pre-existing physical or
mental | 5 |
| condition to deteriorate; or
| 6 |
| (3) abandons the elderly person or person with a
| 7 |
| disability; or
| 8 |
| (4) physically abuses, harasses, intimidates, or | 9 |
| interferes with the
personal liberty of the elderly person | 10 |
| or person with a
disability or exposes the
elderly person | 11 |
| or person with a disability to willful
deprivation.
| 12 |
| A violation of this subsection (a)
Criminal abuse or | 13 |
| neglect of an elderly person or
person with a disability is a | 14 |
| Class 3 felony if the victim of the offense is a person with a | 15 |
| disability. A violation of this subsection (a) is a Class 2 | 16 |
| felony if the victim of the offense is an elderly person .
A | 17 |
| violation of this subsection (a) that is criminal neglect
| 18 |
| Criminal neglect of an elderly person or person with a | 19 |
| disability is a Class
2 felony if the criminal
neglect results | 20 |
| in the death of the person with a disability who was
person
| 21 |
| neglected for which the defendant,
if sentenced to a term of | 22 |
| imprisonment, shall be sentenced
to a term of not less than 3 | 23 |
| years and not more than 14 years. A violation of this | 24 |
| subsection (a) that is criminal neglect is a Class 1 felony if | 25 |
| the criminal
neglect results in the death of the elderly person | 26 |
| for which the defendant,
if sentenced to a term of |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| imprisonment, shall be sentenced
to a term of not less than 15 | 2 |
| years and not more than 30 years.
| 3 |
| (b) For purposes of this Section:
| 4 |
| (1) "Elderly person" means a person 60
years of age or | 5 |
| older who is incapable of
adequately providing for his own | 6 |
| health and personal care.
| 7 |
| (2) "Person with a disability" means a person who
| 8 |
| suffers from a permanent physical or mental impairment, | 9 |
| resulting from
disease, injury, functional disorder or | 10 |
| congenital condition which renders
such person incapable | 11 |
| of adequately providing for his own health and personal
| 12 |
| care.
| 13 |
| (3) "Caregiver" means a person who
has a duty to | 14 |
| provide for an elderly person or person with a
disability's | 15 |
| health and
personal care, at such person's place of | 16 |
| residence, including but not
limited to, food and | 17 |
| nutrition, shelter, hygiene, prescribed medication and
| 18 |
| medical care and treatment.
| 19 |
| "Caregiver" shall include:
| 20 |
| (A) a parent, spouse, adult child or other relative | 21 |
| by blood or marriage
who resides with or resides in the | 22 |
| same building with or regularly
visits
the elderly | 23 |
| person or person with a disability, knows
or reasonably | 24 |
| should know of such person's physical or mental | 25 |
| impairment
and knows or reasonably should know that | 26 |
| such person is unable to
adequately provide for his own |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| health and personal care;
| 2 |
| (B) a person who is employed by the elderly person | 3 |
| or
person with a disability or by
another to reside | 4 |
| with or regularly visit the elderly person or person | 5 |
| with a disability
and provide for such person's health | 6 |
| and personal care;
| 7 |
| (C) a person who has agreed for consideration to | 8 |
| reside with or
regularly visit the elderly person or | 9 |
| person with a
disability and provide for such
person's | 10 |
| health and personal care; and
| 11 |
| (D) a person who has been appointed by a private or | 12 |
| public agency or by
a court of competent jurisdiction | 13 |
| to provide for the elderly person or
person with a | 14 |
| disability's health and personal care.
| 15 |
| "Caregiver" shall not include a long-term care | 16 |
| facility licensed or
certified under the Nursing Home Care | 17 |
| Act or any administrative, medical or
other personnel of | 18 |
| such a facility, or a health care provider who is licensed
| 19 |
| under the Medical Practice Act of 1987 and renders care in | 20 |
| the ordinary
course of his profession.
| 21 |
| (4) "Abandon" means to desert or knowingly forsake an
| 22 |
| elderly person or person with a disability under
| 23 |
| circumstances in which a reasonable person
would continue | 24 |
| to provide care and custody.
| 25 |
| (5) "Willful deprivation" has the meaning ascribed to | 26 |
| it in paragraph
(15) of Section 103 of the Illinois |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| Domestic Violence Act of 1986.
| 2 |
| (c) Nothing in this Section shall be construed to limit the | 3 |
| remedies
available to the victim under the Illinois Domestic | 4 |
| Violence Act.
| 5 |
| (d) Nothing in this Section shall be construed to impose | 6 |
| criminal
liability on a person who has made a good faith effort | 7 |
| to provide for the
health and personal care of an elderly | 8 |
| person or person
with
a disability, but through no
fault of his | 9 |
| own has been unable to provide such care.
| 10 |
| (e) Nothing in this Section shall be construed as | 11 |
| prohibiting a person
from providing treatment by spiritual | 12 |
| means through prayer alone and care
consistent therewith in | 13 |
| lieu of medical care and treatment in accordance
with the | 14 |
| tenets and practices of any church or religious denomination of
| 15 |
| which the elderly person or person with a disability is a
| 16 |
| member.
| 17 |
| (f) It is not a defense to criminal abuse or neglect of an | 18 |
| elderly person or
person with a disability that the accused | 19 |
| reasonably believed that the victim
was not an elderly person | 20 |
| or person with a disability.
| 21 |
| (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
| 22 |
| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 23 |
| Sec. 16-1. Theft.
| 24 |
| (a) A person commits theft when he knowingly:
| 25 |
| (1) Obtains or exerts unauthorized control over |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| property of the
owner; or
| 2 |
| (2) Obtains by deception control over property of the | 3 |
| owner; or
| 4 |
| (3) Obtains by threat control over property of the | 5 |
| owner; or
| 6 |
| (4) Obtains control over stolen property knowing the | 7 |
| property to
have been stolen or under such circumstances as | 8 |
| would
reasonably induce him to believe that the property | 9 |
| was stolen; or
| 10 |
| (5) Obtains or exerts control over property in the | 11 |
| custody of any law
enforcement agency which is explicitly | 12 |
| represented to him by any law
enforcement officer or any | 13 |
| individual acting in behalf of a law enforcement
agency as | 14 |
| being stolen, and
| 15 |
| (A) Intends to deprive the owner permanently of the | 16 |
| use or
benefit of the property; or
| 17 |
| (B) Knowingly uses, conceals or abandons the | 18 |
| property in such
manner as to deprive the owner | 19 |
| permanently of such use or benefit; or
| 20 |
| (C) Uses, conceals, or abandons the property | 21 |
| knowing such use,
concealment or abandonment probably | 22 |
| will deprive the owner permanently
of such use or | 23 |
| benefit.
| 24 |
| (b) Sentence.
| 25 |
| (1) Theft of property not from the person and
not | 26 |
| exceeding $300 in value is a Class A misdemeanor.
|
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| (1.1) Theft of property not from the person and
not | 2 |
| exceeding $300 in value is a Class 4 felony if the theft | 3 |
| was committed in a
school or place of worship or if the | 4 |
| theft was of governmental property.
| 5 |
| (2) A person who has been convicted of theft of | 6 |
| property not from the
person and not exceeding
$300 in | 7 |
| value who has been
previously convicted of any type of | 8 |
| theft, robbery, armed robbery,
burglary, residential | 9 |
| burglary, possession of burglary tools, home
invasion, | 10 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 11 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 12 |
| possession of a stolen or
converted motor vehicle, or a | 13 |
| violation of Section 8 of the Illinois Credit
Card and | 14 |
| Debit Card Act is guilty of a Class 4 felony. When a person | 15 |
| has any
such prior
conviction, the information or | 16 |
| indictment charging that person shall state
such prior | 17 |
| conviction so as to give notice of the State's intention to
| 18 |
| treat the charge as a felony. The fact of such prior | 19 |
| conviction is not an
element of the offense and may not be | 20 |
| disclosed to the jury during trial
unless otherwise | 21 |
| permitted by issues properly raised during such trial.
| 22 |
| (3) (Blank).
| 23 |
| (4) Theft of property from the person not exceeding | 24 |
| $300 in value, or
theft of
property exceeding $300 and not | 25 |
| exceeding $10,000 in value, is a
Class 3 felony.
| 26 |
| (4.1) Theft of property from the person not exceeding |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| $300 in value, or
theft of property exceeding $300 and not | 2 |
| exceeding $10,000 in value, is a Class
2 felony if the | 3 |
| theft was committed in a school or place of worship or if | 4 |
| the theft was of governmental property.
| 5 |
| (5) Theft of property exceeding $10,000 and not | 6 |
| exceeding
$100,000 in value is a Class 2 felony.
| 7 |
| (5.1) Theft of property exceeding $10,000 and not | 8 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 9 |
| theft was committed in a school or place of worship or if | 10 |
| the theft was of governmental property.
| 11 |
| (6) Theft of property exceeding $100,000 and not | 12 |
| exceeding $500,000 in
value is a Class 1 felony.
| 13 |
| (6.1) Theft of property exceeding $100,000 in value is | 14 |
| a Class X felony
if the theft was committed in a school or | 15 |
| place of worship or if the theft was of governmental | 16 |
| property.
| 17 |
| (6.2) Theft of property exceeding $500,000 in value is | 18 |
| a Class 1
non-probationable
felony.
| 19 |
| (7) Theft by deception, as described by paragraph (2) | 20 |
| of
subsection (a) of
this Section, in which the offender | 21 |
| obtained money or property valued at
$5,000 or more from a | 22 |
| victim 60 years of age or older is a Class 1
2 felony.
| 23 |
| (c) When a charge of theft of property exceeding a | 24 |
| specified value
is brought, the value of the property involved | 25 |
| is an element of the offense
to be resolved by the trier of | 26 |
| fact as either exceeding or not exceeding
the specified value.
|
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
| 2 |
| (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
| 3 |
| Sec. 16-1.3. Financial exploitation of an elderly person or | 4 |
| a
person with a disability.
| 5 |
| (a) A person commits the offense of financial exploitation | 6 |
| of an elderly
person or a person with a disability when he or | 7 |
| she stands in a
position of trust
or confidence with the
| 8 |
| elderly person or a person with a disability
and he
or she | 9 |
| knowingly and by
deception or
intimidation obtains control over | 10 |
| the property of an elderly person or
a person
with a disability
| 11 |
| or illegally uses the assets or resources of an elderly person | 12 |
| or a
person with a disability. The illegal use of the assets or | 13 |
| resources of an
elderly person or a person with a disability | 14 |
| includes, but is not limited
to, the misappropriation of those | 15 |
| assets or resources by undue influence,
breach of a fiduciary | 16 |
| relationship, fraud, deception, extortion, or
use of the assets | 17 |
| or resources contrary to law.
| 18 |
| A violation of this subsection (a) in which the victim of | 19 |
| the offense is a person with a disability
Financial | 20 |
| exploitation of an elderly person or a person
with a
disability
| 21 |
| is a Class 4
felony if the value of the property is $300 or | 22 |
| less, a Class 3 felony if
the value of the property is more | 23 |
| than $300 but less than $5,000, a Class 2
felony if the value | 24 |
| of the property is $5,000 or more but less than
$100,000 and a | 25 |
| Class 1 felony if the value of the property is $100,000 or |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| more . A violation of this subsection (a) in which the victim of | 2 |
| the offense is an elderly person is a Class 3
felony if the | 3 |
| value of the property is $300 or less, a Class 2 felony if
the | 4 |
| value of the property is more than $300 but less than $5,000, a | 5 |
| Class 1
felony if the value of the property is $5,000 or more | 6 |
| but less than
$100,000 and a Class X felony if the value of the | 7 |
| property is $100,000 or more
or if the elderly person is over | 8 |
| 70 years of age and the value of the
property is $15,000 or | 9 |
| more or if the elderly person is 80 years of age or
older and | 10 |
| the value of the property is $5,000 or more.
| 11 |
| (b) For purposes of this Section:
| 12 |
| (1) "Elderly person" means a person 60
years of age or | 13 |
| older.
| 14 |
| (2) "Person with a disability" means a person who
| 15 |
| suffers from a permanent physical or mental impairment | 16 |
| resulting from
disease, injury, functional disorder or | 17 |
| congenital condition that impairs the
individual's mental | 18 |
| or physical ability to independently manage his or her
| 19 |
| property or financial resources, or both.
| 20 |
| (3) "Intimidation" means the communication to an | 21 |
| elderly person or a
person with a disability that he or she | 22 |
| shall be deprived of food and
nutrition,
shelter, | 23 |
| prescribed
medication or medical care and treatment.
| 24 |
| (4) "Deception" means, in addition to its meaning as | 25 |
| defined in Section
15-4 of this Code,
a misrepresentation | 26 |
| or concealment of material fact
relating to the terms of a |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| contract or agreement entered into with the
elderly person | 2 |
| or person with a disability or to the
existing or
| 3 |
| pre-existing condition of
any of the property involved in | 4 |
| such contract or agreement; or the use or
employment of any | 5 |
| misrepresentation, false pretense or false promise in
| 6 |
| order to induce, encourage or solicit the elderly person or
| 7 |
| person with
a disability to
enter into a contract or | 8 |
| agreement.
| 9 |
| (c) For purposes of this Section, a person stands in a | 10 |
| position of
trust and confidence with an elderly person or | 11 |
| person with a
disability when he (1) is a
parent, spouse, adult | 12 |
| child or other relative by blood or marriage of the
elderly | 13 |
| person or person with a disability, (2) is a joint
tenant or
| 14 |
| tenant in common with
the elderly person or person with a | 15 |
| disability, (3) has
a legal or
fiduciary relationship
with the | 16 |
| elderly person or person with a disability, or (4) is a | 17 |
| financial
planning or investment professional.
| 18 |
| (d) Nothing in this Section shall be construed to limit the | 19 |
| remedies
available to the victim under the Illinois Domestic | 20 |
| Violence Act of 1986.
| 21 |
| (e) Nothing in this Section shall be construed to impose | 22 |
| criminal
liability on a person who has made a good faith effort | 23 |
| to assist the
elderly person or person with a disability in the
| 24 |
| management of his or her
property, but through
no fault of his | 25 |
| or her own has been unable to provide such assistance.
| 26 |
| (f) It shall not be a defense to financial exploitation of |
|
|
|
HB1504 Engrossed |
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LRB095 10153 RLC 30367 b |
|
| 1 |
| an elderly
person or person with a disability that the accused | 2 |
| reasonably believed
that the victim was
not an elderly person | 3 |
| or person with a disability.
| 4 |
| (g) Civil Liability. A person who is charged by information | 5 |
| or
indictment with the offense of financial exploitation of an | 6 |
| elderly person
or person with a disability and who fails or | 7 |
| refuses to return
the victim's property
within 60 days | 8 |
| following a written demand from the victim or the victim's
| 9 |
| legal representative shall be liable to the victim or to the | 10 |
| estate of the
victim in damages of treble the amount of the | 11 |
| value of the property
obtained, plus reasonable attorney fees | 12 |
| and court costs. The burden of
proof that the defendant | 13 |
| unlawfully obtained the victim's property shall be
by a | 14 |
| preponderance of the evidence. This subsection shall be | 15 |
| operative
whether or not the defendant has been convicted of | 16 |
| the offense.
| 17 |
| (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
| 18 |
| (720 ILCS 5/16G-20)
| 19 |
| Sec. 16G-20. Aggravated identity theft.
| 20 |
| (a) A person commits the offense of aggravated identity | 21 |
| theft
when he or she commits the offense of identity theft as | 22 |
| set forth
in subsection (a) of Section 16G-15 against a person | 23 |
| 60 years
of age or older or a disabled person as defined in | 24 |
| Section 16-1.3 of this
Code.
| 25 |
| (b) Knowledge shall be determined by an evaluation of all |
|
|
|
HB1504 Engrossed |
- 32 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| circumstances
surrounding the use of the other
person's | 2 |
| identifying information or document.
| 3 |
| (c) When a charge of aggravated identity theft of credit,
| 4 |
| money,
goods, services, or other
property exceeding a specified | 5 |
| value is brought the value of the credit, money,
goods, | 6 |
| services, or other
property is an element of the offense to be | 7 |
| resolved by the trier of fact as
either exceeding or not | 8 |
| exceeding
the specified value.
| 9 |
| (d) A defense to aggravated identity theft does not exist
| 10 |
| merely
because the accused
reasonably believed the victim to be | 11 |
| a person less than 60 years of age.
| 12 |
| (e) Sentence.
| 13 |
| (1) Aggravated identity theft of credit, money, goods,
| 14 |
| services,
or other property not exceeding
$300 in value is | 15 |
| a Class 3 felony if the victim of the aggravated identity | 16 |
| theft is a disabled person. Aggravated identity theft of | 17 |
| credit, money, goods,
services,
or other property not | 18 |
| exceeding
$300 in value is a Class 2 felony if the victim | 19 |
| of the aggravated identity theft is a person 60 years of | 20 |
| age or older .
| 21 |
| (2) Aggravated identity theft of credit, money, goods,
| 22 |
| services,
or other property exceeding $300
and not | 23 |
| exceeding $10,000 in value is a Class 2 felony if the | 24 |
| victim of the aggravated identity theft is a disabled | 25 |
| person. Aggravated identity theft of credit, money, goods,
| 26 |
| services,
or other property exceeding
$300 and not |
|
|
|
HB1504 Engrossed |
- 33 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| exceeding $10,000 in value is a Class 1 felony if the | 2 |
| victim of the aggravated identity theft is a person 60 | 3 |
| years of age or older .
| 4 |
| (3) Aggravated identity theft of credit, money, goods,
| 5 |
| services,
or other property exceeding $10,000 in value and | 6 |
| not exceeding $100,000 in
value is a Class 1 felony if the | 7 |
| victim of the aggravated identity theft is a disabled | 8 |
| person. Aggravated identity theft of credit, money, goods,
| 9 |
| services,
or other property exceeding
$10,000 in value and | 10 |
| not exceeding $100,000 in
value is a Class X felony if the | 11 |
| victim of the aggravated identity theft is a person 60 | 12 |
| years of age or older .
| 13 |
| (4) Aggravated identity theft of credit, money, goods,
| 14 |
| services,
or other property exceeding
$100,000 in value is | 15 |
| a Class X felony if the victim of the aggravated identity | 16 |
| theft is a disabled person. Aggravated identity theft of | 17 |
| credit, money, goods,
services,
or other property | 18 |
| exceeding
$100,000 in value is a Class X felony for which | 19 |
| the defendant shall be sentenced to a term of imprisonment | 20 |
| of not less than 30 years and not more than 60 years if the | 21 |
| victim of the aggravated identity theft is a person 60 | 22 |
| years of age or older .
| 23 |
| (5) A person who has been previously convicted of | 24 |
| aggravated
identity theft regardless of the
value of the | 25 |
| property involved who is convicted of a second or | 26 |
| subsequent
offense of aggravated
identity theft regardless |
|
|
|
HB1504 Engrossed |
- 34 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| of the value of the property involved is guilty of a
Class | 2 |
| X felony if the victim of the aggravated identity theft is | 3 |
| a disabled person. A person who has been previously | 4 |
| convicted of aggravated
identity theft regardless of the
| 5 |
| value of the property involved who is convicted of a second | 6 |
| or subsequent
offense of aggravated
identity theft | 7 |
| regardless of the value of the property involved is guilty | 8 |
| of a
Class X felony for which the defendant shall be | 9 |
| sentenced to a term of imprisonment of not less than 30 | 10 |
| years and not more than 60 years if the victim is a person | 11 |
| 60 years of age or older .
| 12 |
| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
| 13 |
| (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| 14 |
| Sec. 18-1. Robbery.
| 15 |
| (a) A person commits robbery when he or she takes property, | 16 |
| except a
motor vehicle covered by Section 18-3 or 18-4,
from | 17 |
| the person or presence of another by the use of force or by
| 18 |
| threatening the imminent use of force.
| 19 |
| (b) Sentence.
| 20 |
| Robbery is a Class 2 felony. However, if the victim is 60 | 21 |
| years of age
or over or is a physically handicapped person, or | 22 |
| if the robbery is
committed
in a school or place of worship, | 23 |
| robbery is a Class 1 felony. However, if the victim is 60 years | 24 |
| of age
or over, robbery is a Class X felony.
| 25 |
| (Source: P.A. 91-360, eff. 7-29-99.)
|
|
|
|
HB1504 Engrossed |
- 35 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| (720 ILCS 5/18-4)
| 2 |
| Sec. 18-4. Aggravated vehicular hijacking.
| 3 |
| (a) A person commits aggravated vehicular hijacking when he | 4 |
| or she violates
Section 18-3; and
| 5 |
| (1) the person from whose immediate presence the motor | 6 |
| vehicle is
taken is a physically handicapped person or a | 7 |
| person 60 years of age or over;
or
| 8 |
| (2) a person under 16 years of age is a passenger in | 9 |
| the motor vehicle at
the time of the offense; or
| 10 |
| (3) he or she carries on or about his or her person, or | 11 |
| is otherwise armed
with a dangerous weapon, other than a | 12 |
| firearm; or
| 13 |
| (4) he or she carries on or about his or her person or | 14 |
| is otherwise armed
with a firearm; or
| 15 |
| (5) he or she, during the commission of the offense, | 16 |
| personally discharges
a firearm; or
| 17 |
| (6) he or she, during the commission of the offense, | 18 |
| personally discharges
a firearm that proximately causes | 19 |
| great bodily harm, permanent disability,
permanent | 20 |
| disfigurement, or death to another person.
| 21 |
| (b) Sentence. Aggravated vehicular hijacking in violation | 22 |
| of subsections
(a)(1) or (a)(2) is a Class X felony.
If the | 23 |
| victim of the offense is a person 60 years of age or over, | 24 |
| aggravated vehicular hijacking in violation of subsections
| 25 |
| (a)(1) is a Class X felony for which the defendant shall be |
|
|
|
HB1504 Engrossed |
- 36 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| sentenced to a term of imprisonment of not less than 30 years | 2 |
| and not more than 60 years. Aggravated vehicular hijacking in | 3 |
| violation of subsection (a)(3) is a Class X
felony for which a | 4 |
| term of imprisonment of not less than 7 years shall be
imposed.
| 5 |
| Aggravated vehicular hijacking in violation of subsection | 6 |
| (a)(4) is a Class X
felony for which 15 years shall be added to | 7 |
| the term of imprisonment imposed by
the court. Aggravated | 8 |
| vehicular hijacking in violation of subsection (a)(5) is
a | 9 |
| Class X felony for which 20 years shall be added to the term of | 10 |
| imprisonment
imposed by the court. Aggravated vehicular | 11 |
| hijacking in violation of subsection
(a)(6) is a Class X felony | 12 |
| for which 25 years or up to a term of natural life
shall be | 13 |
| added to the term of imprisonment imposed by the court.
| 14 |
| (Source: P.A. 91-404, eff. 1-1-00 .)
| 15 |
| Section 10. The Methamphetamine Control and Community | 16 |
| Protection Act is amended by changing Sections 15 and 25 as | 17 |
| follows: | 18 |
| (720 ILCS 646/15)
| 19 |
| Sec. 15. Participation in methamphetamine manufacturing. | 20 |
| (a) Participation in methamphetamine manufacturing.
| 21 |
| (1) It is unlawful to knowingly participate in the | 22 |
| manufacture of methamphetamine with the intent that | 23 |
| methamphetamine or a substance containing methamphetamine | 24 |
| be produced.
|
|
|
|
HB1504 Engrossed |
- 37 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| (2) A person who violates paragraph (1) of this | 2 |
| subsection (a) is subject to the following penalties:
| 3 |
| (A) A person who participates in the manufacture of | 4 |
| less than 15 grams of methamphetamine or a substance | 5 |
| containing methamphetamine is guilty of a Class 1 | 6 |
| felony.
| 7 |
| (B) A person who participates in the manufacture of | 8 |
| 15 or more grams but less than 100 grams of | 9 |
| methamphetamine or a substance containing | 10 |
| methamphetamine is guilty of a Class X felony, subject | 11 |
| to a term of imprisonment of not less than 6 years and | 12 |
| not more than 30 years, and subject to a fine not to | 13 |
| exceed $100,000 or the street value of the | 14 |
| methamphetamine manufactured, whichever is greater.
| 15 |
| (C) A person who participates in the manufacture of | 16 |
| 100 or more grams but less than 400 grams of | 17 |
| methamphetamine or a substance containing | 18 |
| methamphetamine is guilty of a Class X felony, subject | 19 |
| to a term of imprisonment of not less than 9 years and | 20 |
| not more than 40 years, and subject to a fine not to | 21 |
| exceed $200,000 or the street value of the | 22 |
| methamphetamine manufactured, whichever is greater.
| 23 |
| (D) A person who participates in the manufacture of | 24 |
| 400 or more grams but less than 900 grams of | 25 |
| methamphetamine or a substance containing | 26 |
| methamphetamine is guilty of a Class X felony, subject |
|
|
|
HB1504 Engrossed |
- 38 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| to a term of imprisonment of not less than 12 years and | 2 |
| not more than 50 years, and subject to a fine not to | 3 |
| exceed $300,000 or the street value of the | 4 |
| methamphetamine manufactured, whichever is greater.
| 5 |
| (E) A person who participates in the manufacture of | 6 |
| 900 grams or more of methamphetamine or a substance | 7 |
| containing methamphetamine is guilty of a Class X | 8 |
| felony, subject to a term of imprisonment of not less | 9 |
| than 15 years and not more than 60 years, and subject | 10 |
| to a fine not to exceed $400,000 or the street value of | 11 |
| the methamphetamine, whichever is greater.
| 12 |
| (b) Aggravated participation in methamphetamine | 13 |
| manufacturing.
| 14 |
| (1) It is unlawful to engage in aggravated | 15 |
| participation in the manufacture of methamphetamine. A | 16 |
| person engages in aggravated participation in the | 17 |
| manufacture of methamphetamine when the person violates | 18 |
| paragraph (1) of subsection (a) and:
| 19 |
| (A) the person knowingly does so in a multi-unit | 20 |
| dwelling;
| 21 |
| (B) the person knowingly does so in a structure or | 22 |
| vehicle where a child under the age of 18, a person | 23 |
| with a disability, or a person 60 years of age or older | 24 |
| who is incapable of adequately providing for his or her | 25 |
| own health and personal care resides, is present, or is | 26 |
| endangered by the manufacture of methamphetamine;
|
|
|
|
HB1504 Engrossed |
- 39 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| (C) the person does so in a structure or vehicle | 2 |
| where a woman the person knows to be pregnant | 3 |
| (including but not limited to the person herself) | 4 |
| resides, is present, or is endangered by the | 5 |
| methamphetamine manufacture;
| 6 |
| (D) the person knowingly does so in a structure or | 7 |
| vehicle protected by one or more firearms, explosive | 8 |
| devices, booby traps, alarm systems, surveillance | 9 |
| systems, guard dogs, or dangerous animals;
| 10 |
| (E) the methamphetamine manufacturing in which the | 11 |
| person participates is a contributing cause of the | 12 |
| death, serious bodily injury, disability, or | 13 |
| disfigurement of another person, including but not | 14 |
| limited to an emergency service provider;
| 15 |
| (F) the methamphetamine manufacturing in which the | 16 |
| person participates is a contributing cause of a fire | 17 |
| or explosion that damages property belonging to | 18 |
| another person; or
| 19 |
| (G) the person knowingly organizes, directs, or | 20 |
| finances the methamphetamine manufacturing or | 21 |
| activities carried out in support of the | 22 |
| methamphetamine manufacturing.
| 23 |
| (2) A person who violates paragraph (1) of this | 24 |
| subsection (b) is subject to the following penalties:
| 25 |
| (A) A person who participates in the manufacture of | 26 |
| less than 15 grams of methamphetamine or a substance |
|
|
|
HB1504 Engrossed |
- 40 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| containing methamphetamine is guilty of a Class X | 2 |
| felony, subject to a term of imprisonment of not less | 3 |
| than 6 years and not more than 30 years, and subject to | 4 |
| a fine not to exceed $100,000 or the street value of | 5 |
| the methamphetamine, whichever is greater.
| 6 |
| (B) A person who participates in the manufacture of | 7 |
| 15 or more grams but less than 100 grams of | 8 |
| methamphetamine or a substance containing | 9 |
| methamphetamine is guilty of a Class X felony, subject | 10 |
| to a term of imprisonment of not less than 9 years and | 11 |
| not more than 40 years, and subject to a fine not to | 12 |
| exceed $200,000 or the street value of the | 13 |
| methamphetamine, whichever is greater.
| 14 |
| (C) A person who participates in the manufacture of | 15 |
| 100 or more grams but less than 400 grams of | 16 |
| methamphetamine or a substance containing | 17 |
| methamphetamine is guilty of a Class X felony, subject | 18 |
| to a term of imprisonment of not less than 12 years and | 19 |
| not more than 50 years, and subject to a fine not to | 20 |
| exceed $300,000 or the street value of the | 21 |
| methamphetamine, whichever is greater.
| 22 |
| (D) A person who participates in the manufacture of | 23 |
| 400 grams or more of methamphetamine or a substance | 24 |
| containing methamphetamine is guilty of a Class X | 25 |
| felony, subject to a term of imprisonment of not less | 26 |
| than 15 years and not more than 60 years, and subject |
|
|
|
HB1504 Engrossed |
- 41 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| to a fine not to exceed $400,000 or the street value of | 2 |
| the methamphetamine, whichever is greater.
| 3 |
| (E) A person who participates in the manufacture of | 4 |
| methamphetamine in a structure or vehicle where a | 5 |
| person 60 years of age or older who is incapable of | 6 |
| adequately providing for his or her own health and | 7 |
| personal care resides, is present, or is endangered by | 8 |
| the manufacture of methamphetamine is guilty of a Class | 9 |
| X felony, subject to a term of imprisonment of not less | 10 |
| than 30 years and not more than 60 years.
| 11 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | 12 |
| (720 ILCS 646/25)
| 13 |
| Sec. 25. Anhydrous ammonia. | 14 |
| (a) Possession, procurement, transportation, storage, or | 15 |
| delivery of anhydrous ammonia with the intent that it be used | 16 |
| to manufacture methamphetamine.
| 17 |
| (1) It is unlawful to knowingly engage in the | 18 |
| possession, procurement, transportation, storage, or | 19 |
| delivery of anhydrous ammonia or to attempt to engage in | 20 |
| any of these activities or to assist another in engaging in | 21 |
| any of these activities with the intent that the anhydrous | 22 |
| ammonia be used to manufacture methamphetamine.
| 23 |
| (2) A person who violates paragraph (1) of this | 24 |
| subsection
(a) is guilty of a Class 1 felony.
| 25 |
| (b) Aggravated possession, procurement, transportation, |
|
|
|
HB1504 Engrossed |
- 42 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| storage, or delivery of anhydrous ammonia with the intent that | 2 |
| it be used to manufacture methamphetamine.
| 3 |
| (1) It is unlawful to knowingly engage in the | 4 |
| aggravated possession, procurement, transportation, | 5 |
| storage, or delivery of anhydrous ammonia with the intent | 6 |
| that it be used to manufacture methamphetamine. A person | 7 |
| commits this offense when the person engages in the | 8 |
| possession, procurement, transportation, storage, or | 9 |
| delivery of anhydrous ammonia or attempts to engage in any | 10 |
| of these activities or assists another in engaging in any | 11 |
| of these activities with the intent that the anhydrous | 12 |
| ammonia be used to manufacture methamphetamine and:
| 13 |
| (A) the person knowingly does so in a multi-unit | 14 |
| dwelling;
| 15 |
| (B) the person knowingly does so in a structure or | 16 |
| vehicle where a child under the age of 18, or a person | 17 |
| with a disability, or a person who is 60 years of age | 18 |
| or older who is incapable of adequately providing for | 19 |
| his or her own health and personal care resides, is | 20 |
| present, or is endangered by the anhydrous ammonia;
| 21 |
| (C) the person's possession, procurement, | 22 |
| transportation, storage, or delivery of anhydrous | 23 |
| ammonia is a contributing cause of the death, serious | 24 |
| bodily injury, disability, or disfigurement of another | 25 |
| person; or
| 26 |
| (D) the person's possession, procurement, |
|
|
|
HB1504 Engrossed |
- 43 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| transportation, storage, or delivery of anhydrous | 2 |
| ammonia is a contributing cause of a fire or explosion | 3 |
| that damages property belonging to another person.
| 4 |
| (2) A person who violates paragraph (1) of this | 5 |
| subsection (b) is guilty of a Class X felony, subject to a | 6 |
| term of imprisonment of not less than 6 years and not more | 7 |
| than 30 years, and subject to a fine not to exceed | 8 |
| $100,000.
A person who violates paragraph (1) of this | 9 |
| subsection (b) is guilty of a Class X felony, subject to a | 10 |
| term of imprisonment of not less than 30 years and not more | 11 |
| than 60 years, and subject to a fine not to exceed $200,000 | 12 |
| if he or she does so in a structure or vehicle where a | 13 |
| person who is 60 years of age or older who is incapable of | 14 |
| adequately providing for his or her own health and personal | 15 |
| care resides, is present, or is endangered by the anhydrous | 16 |
| ammonia.
| 17 |
| (c) Possession, procurement, transportation, storage, or | 18 |
| delivery of anhydrous ammonia in an unauthorized container.
| 19 |
| (1) It is unlawful to knowingly possess, procure, | 20 |
| transport, store, or deliver anhydrous ammonia in an | 21 |
| unauthorized container.
| 22 |
| (2) A person who violates paragraph (1) of this | 23 |
| subsection (c) is guilty of a Class 3 felony.
| 24 |
| (3) Affirmative defense. It is an affirmative defense | 25 |
| that the person charged possessed, procured, transported, | 26 |
| stored, or delivered anhydrous ammonia in a manner that |
|
|
|
HB1504 Engrossed |
- 44 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| substantially complied with the rules governing anhydrous | 2 |
| ammonia equipment found in 8 Illinois Administrative Code | 3 |
| Section 215, in 92 Illinois Administrative Code Sections | 4 |
| 171 through 180, or in any provision of the Code of Federal | 5 |
| Regulations incorporated by reference into these Sections | 6 |
| of the Illinois Administrative Code.
| 7 |
| (d) Tampering with anhydrous ammonia equipment.
| 8 |
| (1) It is unlawful to knowingly tamper with anhydrous | 9 |
| ammonia equipment. A person tampers with anhydrous ammonia | 10 |
| equipment when, without authorization from the lawful | 11 |
| owner, the person:
| 12 |
| (A) removes or attempts to remove anhydrous | 13 |
| ammonia from the anhydrous ammonia equipment used by | 14 |
| the lawful owner;
| 15 |
| (B) damages or attempts to damage the anhydrous | 16 |
| ammonia equipment used by the lawful owner; or
| 17 |
| (C) vents or attempts to vent anhydrous ammonia
| 18 |
| into the environment.
| 19 |
| (2) A person who violates paragraph (1) of this | 20 |
| subsection (d) is guilty of a Class 3 felony.
| 21 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
| 22 |
| Section 15. The Unified Code of Corrections is amended by | 23 |
| changing Section 5-5-3.2 as follows:
| 24 |
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
|
|
|
|
HB1504 Engrossed |
- 45 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| Sec. 5-5-3.2. Factors in Aggravation.
| 2 |
| (a) The following factors shall be accorded weight in favor | 3 |
| of
imposing a term of imprisonment or may be considered by the | 4 |
| court as reasons
to impose a more severe sentence under Section | 5 |
| 5-8-1:
| 6 |
| (1) the defendant's conduct caused or threatened | 7 |
| serious harm;
| 8 |
| (2) the defendant received compensation for committing | 9 |
| the offense;
| 10 |
| (3) the defendant has a history of prior delinquency or | 11 |
| criminal activity;
| 12 |
| (4) the defendant, by the duties of his office or by | 13 |
| his position,
was obliged to prevent the particular offense | 14 |
| committed or to bring
the offenders committing it to | 15 |
| justice;
| 16 |
| (5) the defendant held public office at the time of the | 17 |
| offense,
and the offense related to the conduct of that | 18 |
| office;
| 19 |
| (6) the defendant utilized his professional reputation | 20 |
| or
position in the community to commit the offense, or to | 21 |
| afford
him an easier means of committing it;
| 22 |
| (7) the sentence is necessary to deter others from | 23 |
| committing
the same crime;
| 24 |
| (8) the defendant committed the offense against a | 25 |
| person 60 years of age
or older or such person's property;
| 26 |
| (9) the defendant committed the offense against a |
|
|
|
HB1504 Engrossed |
- 46 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| person who is
physically handicapped or such person's | 2 |
| property;
| 3 |
| (10) by reason of another individual's actual or | 4 |
| perceived race, color,
creed, religion, ancestry, gender, | 5 |
| sexual orientation, physical or mental
disability, or | 6 |
| national origin, the defendant committed the offense | 7 |
| against (i)
the person or property
of that individual; (ii) | 8 |
| the person or property of a person who has an
association | 9 |
| with, is married to, or has a friendship with the other | 10 |
| individual;
or (iii) the person or property of a relative | 11 |
| (by blood or marriage) of a
person described in clause (i) | 12 |
| or (ii). For the purposes of this Section,
"sexual | 13 |
| orientation" means heterosexuality, homosexuality, or | 14 |
| bisexuality;
| 15 |
| (11) the offense took place in a place of worship or on | 16 |
| the
grounds of a place of worship, immediately prior to, | 17 |
| during or immediately
following worship services. For | 18 |
| purposes of this subparagraph, "place of
worship" shall | 19 |
| mean any church, synagogue or other building, structure or
| 20 |
| place used primarily for religious worship;
| 21 |
| (12) the defendant was convicted of a felony committed | 22 |
| while he was
released on bail or his own recognizance | 23 |
| pending trial for a prior felony
and was convicted of such | 24 |
| prior felony, or the defendant was convicted of a
felony | 25 |
| committed while he was serving a period of probation,
| 26 |
| conditional discharge, or mandatory supervised release |
|
|
|
HB1504 Engrossed |
- 47 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 2 |
| (13) the defendant committed or attempted to commit a | 3 |
| felony while he
was wearing a bulletproof vest. For the | 4 |
| purposes of this paragraph (13), a
bulletproof vest is any | 5 |
| device which is designed for the purpose of
protecting the | 6 |
| wearer from bullets, shot or other lethal projectiles;
| 7 |
| (14) the defendant held a position of trust or | 8 |
| supervision such as, but
not limited to, family member as | 9 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 10 |
| teacher, scout leader, baby sitter, or day care worker, in
| 11 |
| relation to a victim under 18 years of age, and the | 12 |
| defendant committed an
offense in violation of Section | 13 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 14 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| 15 |
| against
that victim;
| 16 |
| (15) the defendant committed an offense related to the | 17 |
| activities of an
organized gang. For the purposes of this | 18 |
| factor, "organized gang" has the
meaning ascribed to it in | 19 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 20 |
| Act;
| 21 |
| (16) the defendant committed an offense in violation of | 22 |
| one of the
following Sections while in a school, regardless | 23 |
| of the time of day or time of
year; on any conveyance | 24 |
| owned, leased, or contracted by a school to transport
| 25 |
| students to or from school or a school related activity; on | 26 |
| the real property
of a school; or on a public way within |
|
|
|
HB1504 Engrossed |
- 48 - |
LRB095 10153 RLC 30367 b |
|
| 1 |
| 1,000 feet of the real property
comprising any school: | 2 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 3 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 4 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 5 |
| 33A-2 of the Criminal Code of
1961;
| 6 |
| (16.5) the defendant committed an offense in violation | 7 |
| of one of the
following Sections while in a day care | 8 |
| center, regardless of the time of day or
time of year; on | 9 |
| the real property of a day care center, regardless of the | 10 |
| time
of day or time of year; or on a public
way within | 11 |
| 1,000 feet of the real property comprising any day care | 12 |
| center,
regardless of the time of day or time of year:
| 13 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 14 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 15 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 16 |
| 33A-2 of the Criminal
Code of 1961;
| 17 |
| (17) the defendant committed the offense by reason of | 18 |
| any person's
activity as a community policing volunteer or | 19 |
| to prevent any person from
engaging in activity as a | 20 |
| community policing volunteer. For the purpose of
this | 21 |
| Section, "community policing volunteer" has the meaning | 22 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 23 |
| 1961;
| 24 |
| (18) the defendant committed the offense in a nursing | 25 |
| home or on the
real
property comprising a nursing home. For | 26 |
| the purposes of this paragraph (18),
"nursing home" means a |
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| skilled nursing
or intermediate long term care facility | 2 |
| that is subject to license by the
Illinois Department of | 3 |
| Public Health under the Nursing Home Care
Act;
| 4 |
| (19) the defendant was a federally licensed firearm | 5 |
| dealer
and
was
previously convicted of a violation of | 6 |
| subsection (a) of Section 3 of the
Firearm Owners | 7 |
| Identification Card Act and has now committed either a | 8 |
| felony
violation
of the Firearm Owners Identification Card | 9 |
| Act or an act of armed violence while
armed
with a firearm; | 10 |
| (20) the defendant (i) committed the offense of | 11 |
| reckless homicide under Section 9-3 of the Criminal Code of | 12 |
| 1961 or the offense of driving under the influence of | 13 |
| alcohol, other drug or
drugs, intoxicating compound or | 14 |
| compounds or any combination thereof under Section 11-501 | 15 |
| of the Illinois Vehicle Code or a similar provision of a | 16 |
| local ordinance and (ii) was operating a motor vehicle in | 17 |
| excess of 20 miles per hour over the posted speed limit as | 18 |
| provided in Article VI of Chapter 11 of the Illinois | 19 |
| Vehicle Code; or
| 20 |
| (21) the defendant (i) committed the offense of | 21 |
| reckless driving or aggravated reckless driving under | 22 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 23 |
| operating a motor vehicle in excess of 20 miles per hour | 24 |
| over the posted speed limit as provided in Article VI of | 25 |
| Chapter 11 of the Illinois Vehicle Code. | 26 |
| For the purposes of this Section:
|
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| "School" is defined as a public or private
elementary or | 2 |
| secondary school, community college, college, or university.
| 3 |
| "Day care center" means a public or private State certified | 4 |
| and
licensed day care center as defined in Section 2.09 of the | 5 |
| Child Care Act of
1969 that displays a sign in plain view | 6 |
| stating that the
property is a day care center.
| 7 |
| (b) The following factors may be considered by the court as
| 8 |
| reasons to impose an extended term sentence under Section 5-8-2
| 9 |
| upon any offender:
| 10 |
| (1) When a defendant is convicted of any felony, after | 11 |
| having
been previously convicted in Illinois or any other | 12 |
| jurisdiction of the
same or similar class felony or greater | 13 |
| class felony, when such conviction
has occurred within 10 | 14 |
| years after the
previous conviction, excluding time spent | 15 |
| in custody, and such charges are
separately brought and | 16 |
| tried and arise out of different series of acts; or
| 17 |
| (2) When a defendant is convicted of any felony and the | 18 |
| court
finds that the offense was accompanied by | 19 |
| exceptionally brutal
or heinous behavior indicative of | 20 |
| wanton cruelty; or
| 21 |
| (3) When a defendant is convicted of voluntary | 22 |
| manslaughter, second
degree murder, involuntary | 23 |
| manslaughter or reckless homicide in which the
defendant | 24 |
| has been convicted of causing the death of more than one | 25 |
| individual; or
| 26 |
| (4) When a defendant is convicted of any felony |
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| committed against:
| 2 |
| (i) a person under 12 years of age at the time of | 3 |
| the offense or such
person's property;
| 4 |
| (ii) (blank)
a person 60 years of age or older at | 5 |
| the time of the offense or
such person's property ; or
| 6 |
| (iii) a person physically handicapped at the time | 7 |
| of the offense or
such person's property; or
| 8 |
| (5) In the case of a defendant convicted of aggravated | 9 |
| criminal sexual
assault or criminal sexual assault, when | 10 |
| the court finds that
aggravated criminal sexual assault or | 11 |
| criminal sexual assault
was also committed on the same | 12 |
| victim by one or more other individuals,
and the defendant | 13 |
| voluntarily participated in the crime with the knowledge
of | 14 |
| the participation of the others in the crime, and the | 15 |
| commission of the
crime was part of a single course of | 16 |
| conduct during which there was no
substantial change in the | 17 |
| nature of the criminal objective; or
| 18 |
| (6) When a defendant is convicted of any felony and the | 19 |
| offense
involved any of the following types of specific | 20 |
| misconduct committed as
part of a ceremony, rite, | 21 |
| initiation, observance, performance, practice or
activity | 22 |
| of any actual or ostensible religious, fraternal, or social | 23 |
| group:
| 24 |
| (i) the brutalizing or torturing of humans or | 25 |
| animals;
| 26 |
| (ii) the theft of human corpses;
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| (iii) the kidnapping of humans;
| 2 |
| (iv) the desecration of any cemetery, religious, | 3 |
| fraternal, business,
governmental, educational, or | 4 |
| other building or property; or
| 5 |
| (v) ritualized abuse of a child; or
| 6 |
| (7) When a defendant is convicted of first degree | 7 |
| murder, after having
been previously convicted in Illinois | 8 |
| of any offense listed under paragraph
(c)(2) of Section | 9 |
| 5-5-3, when such conviction has occurred within 10 years
| 10 |
| after the previous conviction, excluding time spent in | 11 |
| custody,
and such charges are separately brought and tried | 12 |
| and arise out of
different series of acts; or
| 13 |
| (8) When a defendant is convicted of a felony other | 14 |
| than conspiracy and
the court finds that
the felony was | 15 |
| committed under an agreement with 2 or more other persons
| 16 |
| to commit that offense and the defendant, with respect to | 17 |
| the other
individuals, occupied a position of organizer, | 18 |
| supervisor, financier, or any
other position of management | 19 |
| or leadership, and the court further finds that
the felony | 20 |
| committed was related to or in furtherance of the criminal
| 21 |
| activities of an organized gang or was motivated by the | 22 |
| defendant's leadership
in an organized gang; or
| 23 |
| (9) When a defendant is convicted of a felony violation | 24 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 25 |
| finds that the defendant is a member
of an organized gang; | 26 |
| or
|
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| (10) When a defendant committed the offense using a | 2 |
| firearm with a
laser sight attached to it. For purposes of | 3 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 4 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
| 5 |
| (11) When a defendant who was at least 17 years of age | 6 |
| at the
time of
the commission of the offense is convicted | 7 |
| of a felony and has been previously
adjudicated a | 8 |
| delinquent minor under the Juvenile Court Act of 1987 for | 9 |
| an act
that if committed by an adult would be a Class X or | 10 |
| Class 1 felony when the
conviction has occurred within 10 | 11 |
| years after the previous adjudication,
excluding time | 12 |
| spent in custody; or
| 13 |
| (12) When a defendant commits an offense involving the | 14 |
| illegal
manufacture of a controlled substance under | 15 |
| Section 401 of the Illinois
Controlled Substances Act, the | 16 |
| illegal manufacture of methamphetamine under Section 25 of | 17 |
| the Methamphetamine Control and Community Protection Act, | 18 |
| or the illegal possession of explosives and an
emergency | 19 |
| response
officer in
the performance of his or her duties is
| 20 |
| killed or injured at the scene of the offense while | 21 |
| responding to the
emergency caused by the commission of the | 22 |
| offense.
In this paragraph (12),
"emergency" means a | 23 |
| situation in which a person's life, health, or safety is
in | 24 |
| jeopardy; and
"emergency response officer" means a peace | 25 |
| officer, community policing
volunteer, fireman, emergency | 26 |
| medical
technician-ambulance, emergency medical |
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| technician-intermediate, emergency
medical | 2 |
| technician-paramedic, ambulance
driver, other medical | 3 |
| assistance or first aid personnel, or hospital emergency
| 4 |
| room personnel; or
| 5 |
| (13) When a defendant commits any felony and the | 6 |
| defendant used, possessed, exercised control over, or | 7 |
| otherwise directed an animal to assault a law enforcement | 8 |
| officer engaged in the execution of his or her official | 9 |
| duties or in furtherance of the criminal activities of an | 10 |
| organized gang in which the defendant is engaged.
| 11 |
| (b-1) For the purposes of this Section, "organized gang" | 12 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 13 |
| Streetgang Terrorism Omnibus
Prevention Act.
| 14 |
| (c) The court may impose an extended term sentence under | 15 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 16 |
| criminal sexual assault
or predatory criminal sexual assault of | 17 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 18 |
| Criminal Code of 1961
where the victim was under 18 years of | 19 |
| age at the time of the commission
of the offense.
| 20 |
| (d) The court may impose an extended term sentence under | 21 |
| Section 5-8-2 upon
any offender who was convicted of unlawful | 22 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 23 |
| for possessing a weapon that is not readily
distinguishable as | 24 |
| one of the weapons enumerated in Section 24-1 of the
Criminal | 25 |
| Code of 1961.
| 26 |
| (e) The court shall impose an extended term sentence under |
|
|
|
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LRB095 10153 RLC 30367 b |
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| 1 |
| Section 5-8-2 upon any offender who is convicted of any felony | 2 |
| committed against a person 60 years of age or older at the time | 3 |
| of the offense or
such person's property.
| 4 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 5 |
| eff. 9-11-05; 94-819, eff. 5-31-06.)
|
|