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Public Act 098-0385 | ||||
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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 2012 is amended by changing | ||||
Sections 12-2 and 12-3.05 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) Offense based on location of conduct. A person commits | ||||
aggravated assault when he or she commits an assault against an | ||||
individual who is on or about a public way, public property, a | ||||
public place of accommodation or amusement, or a sports venue. | ||||
(b) Offense based on status of victim. A person commits | ||||
aggravated assault when, in committing an assault, he or she | ||||
knows the individual assaulted to be any of the following: | ||||
(1) A physically handicapped person or a person 60 | ||||
years of age or older and the assault is without legal | ||||
justification. | ||||
(2) A teacher or school employee upon school grounds or | ||||
grounds adjacent to a school or in any part of a building | ||||
used for school purposes. | ||||
(3) A park district employee upon park grounds or | ||||
grounds adjacent to a park or in any part of a building | ||||
used for park purposes. |
(4) A peace officer, community policing volunteer, | ||
fireman, private security officer, emergency management | ||
worker, emergency medical technician, or utility worker: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(5) A correctional officer or probation officer: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(6) A correctional institution employee, a county | ||
juvenile detention center employee who provides direct and | ||
continuous supervision of residents of a juvenile | ||
detention center, including a county juvenile detention | ||
center employee who supervises recreational activity for | ||
residents of a juvenile detention center, or a Department | ||
of Human Services employee, Department of Human Services | ||
officer, or employee of a subcontractor of the Department | ||
of Human Services supervising or controlling sexually | ||
dangerous persons or sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her |
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) An employee of the State of Illinois, a municipal | ||
corporation therein, or a political subdivision thereof, | ||
performing his or her official duties. | ||
(8) A transit employee performing his or her official | ||
duties, or a transit passenger. | ||
(9) A sports official or coach actively participating | ||
in any level of athletic competition within a sports venue, | ||
on an indoor playing field or outdoor playing field, or | ||
within the immediate vicinity of such a facility or field. | ||
(10) A person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure or a special process | ||
server appointed by the circuit court, while that | ||
individual is in the performance of his or her duties as a | ||
process server. | ||
(c) Offense based on use of firearm, device, or motor | ||
vehicle. A person commits aggravated assault when, in | ||
committing an assault, he or she does any of the following: | ||
(1) Uses a deadly weapon, an air rifle as defined in | ||
the Air Rifle Act, or any device manufactured and designed | ||
to be substantially similar in appearance to a firearm, | ||
other than by discharging a firearm. | ||
(2) Discharges a firearm, other than from a motor | ||
vehicle. |
(3) Discharges a firearm from a motor vehicle. | ||
(4) Wears a hood, robe, or mask to conceal his or her | ||
identity. | ||
(5) Knowingly and without lawful justification shines | ||
or flashes a laser gun sight or other laser device attached | ||
to a firearm, or used in concert with a firearm, so that | ||
the laser beam strikes near or in the immediate vicinity of | ||
any person. | ||
(6) Uses a firearm, other than by discharging the | ||
firearm, against a peace officer, community policing | ||
volunteer, fireman, private security officer, emergency | ||
management worker, emergency medical technician, employee | ||
of a police department, employee of a sheriff's department, | ||
or traffic control municipal employee: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) Without justification operates a motor vehicle in a | ||
manner which places a person, other than a person listed in | ||
subdivision (b)(4), in reasonable apprehension of being | ||
struck by the moving motor vehicle. | ||
(8) Without justification operates a motor vehicle in a | ||
manner which places a person listed in subdivision (b)(4), | ||
in reasonable apprehension of being struck by the moving |
motor vehicle. | ||
(9) Knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(d) Sentence. Aggravated assault as defined in subdivision | ||
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||
(c)(1), or (c)(4) , or (c)(9) is a Class A misdemeanor, except | ||
that aggravated assault as defined in subdivision (b)(4) and | ||
(b)(7) is a Class 4 felony if a Category I, Category II, or | ||
Category III weapon is used in the commission of the assault. | ||
Aggravated assault as defined in subdivision (b)(5), (b)(6), | ||
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||
Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||
is a Class 3 felony. | ||
(e) For the purposes of this Section, "Category I weapon", | ||
"Category II weapon, and "Category III weapon" have the | ||
meanings ascribed to those terms in Section 33A-1 of this Code.
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(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; | ||
96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. | ||
7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. | ||
8-12-11; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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Sec. 12-3.05. Aggravated battery.
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(a) Offense based on injury. A person commits aggravated | ||
battery when, in committing a battery, other than by the | ||
discharge of a firearm, he or she knowingly does any of the |
following: | ||
(1) Causes great bodily harm or permanent disability or | ||
disfigurement. | ||
(2) Causes severe and permanent disability, great | ||
bodily harm, or disfigurement by means of a caustic or | ||
flammable substance, a poisonous gas, a deadly biological | ||
or chemical contaminant or agent, a radioactive substance, | ||
or a bomb or explosive compound. | ||
(3) Causes great bodily harm or permanent disability or | ||
disfigurement to an individual whom the person knows to be | ||
a peace officer, community policing volunteer, fireman, | ||
private security officer, correctional institution | ||
employee, or Department of Human Services employee | ||
supervising or controlling sexually dangerous persons or | ||
sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(4) Causes great bodily harm or permanent disability or | ||
disfigurement to an individual 60 years of age or older. | ||
(5) Strangles another individual. | ||
(b) Offense based on injury to a child or intellectually | ||
disabled person. A person who is at least 18 years of age | ||
commits aggravated battery when, in committing a battery, he or |
she knowingly and without legal justification by any means: | ||
(1) causes great bodily harm or permanent disability or | ||
disfigurement to any child under the age of 13 years, or to | ||
any severely or profoundly intellectually disabled person; | ||
or | ||
(2) causes bodily harm or disability or disfigurement | ||
to any child under the age of 13 years or to any severely | ||
or profoundly intellectually disabled person. | ||
(c) Offense based on location of conduct. A person commits | ||
aggravated battery when, in committing a battery, other than by | ||
the discharge of a firearm, he or she is or the person battered | ||
is on or about a public way, public property, a public place of | ||
accommodation or amusement, a sports venue, or a domestic | ||
violence shelter. | ||
(d) Offense based on status of victim. A person commits | ||
aggravated battery when, in committing a battery, other than by | ||
discharge of a firearm, he or she knows the individual battered | ||
to be any of the following: | ||
(1) A person 60 years of age or older. | ||
(2) A person who is pregnant or physically handicapped. | ||
(3) A teacher or school employee upon school grounds or | ||
grounds adjacent to a school or in any part of a building | ||
used for school purposes. | ||
(4) A peace officer, community policing volunteer, | ||
fireman, private security officer, correctional | ||
institution employee, or Department of Human Services |
employee supervising or controlling sexually dangerous | ||
persons or sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(5) A judge, emergency management worker, emergency | ||
medical technician, or utility worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(6) An officer or employee of the State of Illinois, a | ||
unit of local government, or a school district, while | ||
performing his or her official duties. | ||
(7) A transit employee performing his or her official | ||
duties, or a transit passenger. | ||
(8) A taxi driver on duty. | ||
(9) A merchant who detains the person for an alleged | ||
commission of retail theft under Section 16-26 of this Code | ||
and the person without legal justification by any means | ||
causes bodily harm to the merchant. | ||
(10) A person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court while that individual | ||
is in the performance of his or her duties as a process | ||
server. | ||
(e) Offense based on use of a firearm. A person commits | ||
aggravated battery when, in committing a battery, he or she | ||
knowingly does any of the following: | ||
(1) Discharges a firearm, other than a machine gun or a | ||
firearm equipped with a silencer, and causes any injury to | ||
another person. | ||
(2) Discharges a firearm, other than a machine gun or a | ||
firearm equipped with a silencer, and causes any injury to | ||
a person he or she knows to be a peace officer, community | ||
policing volunteer, person summoned by a police officer, | ||
fireman, private security officer, correctional | ||
institution employee, or emergency management worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(3) Discharges a firearm, other than a machine gun or a | ||
firearm equipped with a silencer, and causes any injury to | ||
a person he or she knows to be an emergency medical | ||
technician employed by a municipality or other | ||
governmental unit: | ||
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(4) Discharges a firearm and causes any injury to a | ||
person he or she knows to be a teacher, a student in a | ||
school, or a school employee, and the teacher, student, or | ||
employee is upon school grounds or grounds adjacent to a | ||
school or in any part of a building used for school | ||
purposes. | ||
(5) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to another person. | ||
(6) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be a peace officer, community policing volunteer, | ||
person summoned by a police officer, fireman, private | ||
security officer, correctional institution employee or | ||
emergency management worker: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(7) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be an emergency medical technician employed by a |
municipality or other governmental unit: | ||
(i) performing his or her official duties; | ||
(ii) battered to prevent performance of his or her | ||
official duties; or | ||
(iii) battered in retaliation for performing his | ||
or her official duties. | ||
(8) Discharges a machine gun or a firearm equipped with | ||
a silencer, and causes any injury to a person he or she | ||
knows to be a teacher, or a student in a school, or a | ||
school employee, and the teacher, student, or employee is | ||
upon school grounds or grounds adjacent to a school or in | ||
any part of a building used for school purposes. | ||
(f) Offense based on use of a weapon or device. A person | ||
commits aggravated battery when, in committing a battery, he or | ||
she does any of the following: | ||
(1) Uses a deadly weapon other than by discharge of a | ||
firearm, or uses an air rifle as defined in the Air Rifle
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Act. | ||
(2) Wears a hood, robe, or mask to conceal his or her | ||
identity. | ||
(3) Knowingly and without lawful justification shines | ||
or flashes a laser gunsight or other laser device attached | ||
to a firearm, or used in concert with a firearm, so that | ||
the laser beam strikes upon or against the person of | ||
another. | ||
(4) Knowingly video or audio records the offense with |
the intent to disseminate the recording. | ||
(g) Offense based on certain conduct. A person commits | ||
aggravated battery when, other than by discharge of a firearm, | ||
he or she does any of the following: | ||
(1) Violates Section 401 of the Illinois Controlled | ||
Substances Act by unlawfully delivering a controlled | ||
substance to another and any user experiences great bodily | ||
harm or permanent disability as a result of the injection, | ||
inhalation, or ingestion of any amount of the controlled | ||
substance. | ||
(2) Knowingly administers to an individual or causes | ||
him or her to take, without his or her consent or by threat | ||
or deception, and for other than medical purposes, any | ||
intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||
or controlled substance, or gives to another person any | ||
food containing any substance or object intended to cause | ||
physical injury if eaten. | ||
(3) Knowingly causes or attempts to cause a | ||
correctional institution employee or Department of Human | ||
Services employee to come into contact with blood, seminal | ||
fluid, urine, or feces by throwing, tossing, or expelling | ||
the fluid or material, and the person is an inmate of a | ||
penal institution or is a sexually dangerous person or | ||
sexually violent person in the custody of the Department of | ||
Human Services. | ||
(h) Sentence. Unless otherwise provided, aggravated |
battery is a Class 3 felony. | ||
Aggravated battery as defined in subdivision (a)(4), | ||
(d)(4), or (g)(3) is a Class 2 felony. | ||
Aggravated battery as defined in subdivision (a)(3) or | ||
(g)(1) is a Class 1 felony. | ||
Aggravated battery as defined in subdivision (a)(1) is a | ||
Class 1 felony when the aggravated battery was intentional and | ||
involved the infliction of torture, as defined in paragraph | ||
(14) of subsection (b) of Section 9-1 of this Code, as the | ||
infliction of or subjection to extreme physical pain, motivated | ||
by an intent to increase or prolong the pain, suffering, or | ||
agony of the victim. | ||
Aggravated battery under subdivision (a)(5) is a
Class 1 | ||
felony if: | ||
(A) the person used or attempted to use a dangerous
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instrument while committing the offense; or | ||
(B) the person caused great bodily harm or
permanent | ||
disability or disfigurement to the other
person while | ||
committing the offense; or | ||
(C) the person has been previously convicted of a
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violation of subdivision (a)(5) under the laws of this
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State or laws similar to subdivision (a)(5) of any other
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state. | ||
Aggravated battery as defined in subdivision (e)(1) is a | ||
Class X felony. | ||
Aggravated battery as defined in subdivision (a)(2) is a |
Class X felony for which a person shall be sentenced to a term | ||
of imprisonment of a minimum of 6 years and a maximum of 45 | ||
years. | ||
Aggravated battery as defined in subdivision (e)(5) is a | ||
Class X felony for which a person shall be sentenced to a term | ||
of imprisonment of a minimum of 12 years and a maximum of 45 | ||
years. | ||
Aggravated battery as defined in subdivision (e)(2), | ||
(e)(3), or (e)(4) is a Class X felony for which a person shall | ||
be sentenced to a term of imprisonment of a minimum of 15 years | ||
and a maximum of 60 years. | ||
Aggravated battery as defined in subdivision (e)(6), | ||
(e)(7), or (e)(8) is a Class X felony for which a person shall | ||
be sentenced to a term of imprisonment of a minimum of 20 years | ||
and a maximum of 60 years. | ||
Aggravated battery as defined in subdivision (b)(1) is a | ||
Class X felony, except that: | ||
(1) if the person committed the offense while armed | ||
with a firearm, 15 years shall be added to the term of | ||
imprisonment imposed by the court; | ||
(2) if, during the commission of the offense, the | ||
person personally discharged a firearm, 20 years shall be | ||
added to the term of imprisonment imposed by the court; | ||
(3) if, during the commission of the offense, the | ||
person personally discharged a firearm that proximately | ||
caused great bodily harm, permanent disability, permanent |
disfigurement, or death to another person, 25 years or up | ||
to a term of natural life shall be added to the term of | ||
imprisonment imposed by the court. | ||
(i) Definitions. For the purposes of this Section: | ||
"Building or other structure used to provide shelter" has | ||
the meaning ascribed to "shelter" in Section 1 of the Domestic | ||
Violence Shelters Act. | ||
"Domestic violence" has the meaning ascribed to it in | ||
Section 103 of the Illinois Domestic Violence Act of 1986. | ||
"Domestic violence shelter" means any building or other | ||
structure used to provide shelter or other services to victims | ||
or to the dependent children of victims of domestic violence | ||
pursuant to the Illinois Domestic Violence Act of 1986 or the | ||
Domestic Violence Shelters Act, or any place within 500 feet of | ||
such a building or other structure in the case of a person who | ||
is going to or from such a building or other structure. | ||
"Firearm" has the meaning provided under Section 1.1
of the | ||
Firearm Owners Identification Card Act, and does
not include an | ||
air rifle as defined by Section 24.8-0.1 1 of this Code the Air
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Rifle Act . | ||
"Machine gun" has the meaning ascribed to it in Section | ||
24-1 of this Code. | ||
"Merchant" has the meaning ascribed to it in Section 16-0.1 | ||
of this Code. | ||
"Strangle" means
intentionally impeding the normal | ||
breathing or circulation of the blood of an individual by |
applying pressure on the throat
or neck of that individual or | ||
by blocking the nose or mouth of
that individual.
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(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||
1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||
and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-5-3.2 as follows:
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(730 ILCS 5/5-5-3.2)
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Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||
Sentencing.
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(a) The following factors shall be accorded weight in favor | ||
of
imposing a term of imprisonment or may be considered by the | ||
court as reasons
to impose a more severe sentence under Section | ||
5-8-1 or Article 4.5 of Chapter V:
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(1) the defendant's conduct caused or threatened | ||
serious harm;
| ||
(2) the defendant received compensation for committing | ||
the offense;
| ||
(3) the defendant has a history of prior delinquency or | ||
criminal activity;
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(4) the defendant, by the duties of his office or by | ||
his position,
was obliged to prevent the particular offense | ||
committed or to bring
the offenders committing it to |
justice;
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(5) the defendant held public office at the time of the | ||
offense,
and the offense related to the conduct of that | ||
office;
| ||
(6) the defendant utilized his professional reputation | ||
or
position in the community to commit the offense, or to | ||
afford
him an easier means of committing it;
| ||
(7) the sentence is necessary to deter others from | ||
committing
the same crime;
| ||
(8) the defendant committed the offense against a | ||
person 60 years of age
or older or such person's property;
| ||
(9) the defendant committed the offense against a | ||
person who is
physically handicapped or such person's | ||
property;
| ||
(10) by reason of another individual's actual or | ||
perceived race, color,
creed, religion, ancestry, gender, | ||
sexual orientation, physical or mental
disability, or | ||
national origin, the defendant committed the offense | ||
against (i)
the person or property
of that individual; (ii) | ||
the person or property of a person who has an
association | ||
with, is married to, or has a friendship with the other | ||
individual;
or (iii) the person or property of a relative | ||
(by blood or marriage) of a
person described in clause (i) | ||
or (ii). For the purposes of this Section,
"sexual | ||
orientation" means heterosexuality, homosexuality, or | ||
bisexuality;
|
(11) the offense took place in a place of worship or on | ||
the
grounds of a place of worship, immediately prior to, | ||
during or immediately
following worship services. For | ||
purposes of this subparagraph, "place of
worship" shall | ||
mean any church, synagogue or other building, structure or
| ||
place used primarily for religious worship;
| ||
(12) the defendant was convicted of a felony committed | ||
while he was
released on bail or his own recognizance | ||
pending trial for a prior felony
and was convicted of such | ||
prior felony, or the defendant was convicted of a
felony | ||
committed while he was serving a period of probation,
| ||
conditional discharge, or mandatory supervised release | ||
under subsection (d)
of Section 5-8-1
for a prior felony;
| ||
(13) the defendant committed or attempted to commit a | ||
felony while he
was wearing a bulletproof vest. For the | ||
purposes of this paragraph (13), a
bulletproof vest is any | ||
device which is designed for the purpose of
protecting the | ||
wearer from bullets, shot or other lethal projectiles;
| ||
(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 11-0.1 of the Criminal Code
of 2012, | ||
teacher, scout leader, baby sitter, or day care worker, in
| ||
relation to a victim under 18 years of age, and the | ||
defendant committed an
offense in violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||
11-14.4 except for an offense that involves keeping a place |
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012
against
that victim;
| ||
(15) the defendant committed an offense related to the | ||
activities of an
organized gang. For the purposes of this | ||
factor, "organized gang" has the
meaning ascribed to it in | ||
Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||
Act;
| ||
(16) the defendant committed an offense in violation of | ||
one of the
following Sections while in a school, regardless | ||
of the time of day or time of
year; on any conveyance | ||
owned, leased, or contracted by a school to transport
| ||
students to or from school or a school related activity; on | ||
the real property
of a school; or on a public way within | ||
1,000 feet of the real property
comprising any school: | ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||
Criminal Code of 2012;
| ||
(16.5) the defendant committed an offense in violation | ||
of one of the
following Sections while in a day care | ||
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the | ||
time
of day or time of year; or on a public
way within | ||
1,000 feet of the real property comprising any day care | ||
center,
regardless of the time of day or time of year:
| ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012;
| ||
(17) the defendant committed the offense by reason of | ||
any person's
activity as a community policing volunteer or | ||
to prevent any person from
engaging in activity as a | ||
community policing volunteer. For the purpose of
this | ||
Section, "community policing volunteer" has the meaning | ||
ascribed to it in
Section 2-3.5 of the Criminal Code of | ||
2012;
| ||
(18) the defendant committed the offense in a nursing | ||
home or on the
real
property comprising a nursing home. For | ||
the purposes of this paragraph (18),
"nursing home" means a | ||
skilled nursing
or intermediate long term care facility | ||
that is subject to license by the
Illinois Department of | ||
Public Health under the Nursing Home Care
Act, the | ||
Specialized Mental Health Rehabilitation Act, or the ID/DD | ||
Community Care Act;
|
(19) the defendant was a federally licensed firearm | ||
dealer
and
was
previously convicted of a violation of | ||
subsection (a) of Section 3 of the
Firearm Owners | ||
Identification Card Act and has now committed either a | ||
felony
violation
of the Firearm Owners Identification Card | ||
Act or an act of armed violence while
armed
with a firearm; | ||
(20) the defendant (i) committed the offense of | ||
reckless homicide under Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or the offense of driving | ||
under the influence of alcohol, other drug or
drugs, | ||
intoxicating compound or compounds or any combination | ||
thereof under Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a local ordinance and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code;
| ||
(21) the defendant (i) committed the offense of | ||
reckless driving or aggravated reckless driving under | ||
Section 11-503 of the Illinois Vehicle Code and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code; | ||
(22) the defendant committed the offense against a | ||
person that the defendant knew, or reasonably should have | ||
known, was a member of the Armed Forces of the United | ||
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed Forces | ||
of the United States, including a member of any reserve | ||
component thereof or National Guard unit called to active | ||
duty;
| ||
(23)
the defendant committed the offense against a | ||
person who was elderly, disabled, or infirm by taking | ||
advantage of a family or fiduciary relationship with the | ||
elderly, disabled, or infirm person;
| ||
(24)
the defendant committed any offense under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 and possessed 100 or more images;
| ||
(25) the defendant committed the offense while the | ||
defendant or the victim was in a train, bus, or other | ||
vehicle used for public transportation; | ||
(26) the defendant committed the offense of child | ||
pornography or aggravated child pornography, specifically | ||
including paragraph (1), (2), (3), (4), (5), or (7) of | ||
subsection (a) of Section 11-20.1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 where a child engaged in, | ||
solicited for, depicted in, or posed in any act of sexual | ||
penetration or bound, fettered, or subject to sadistic, | ||
masochistic, or sadomasochistic abuse in a sexual context | ||
and specifically including paragraph (1), (2), (3), (4), | ||
(5), or (7) of subsection (a) of Section 11-20.1B or | ||
Section 11-20.3 of the Criminal Code of 1961 where a child | ||
engaged in, solicited for, depicted in, or posed in any act |
of sexual penetration or bound, fettered, or subject to | ||
sadistic, masochistic, or sadomasochistic abuse in a | ||
sexual context; | ||
(27) the defendant committed the offense of first | ||
degree murder, assault, aggravated assault, battery, | ||
aggravated battery, robbery, armed robbery, or aggravated | ||
robbery against a person who was a veteran and the | ||
defendant knew, or reasonably should have known, that the | ||
person was a veteran performing duties as a representative | ||
of a veterans' organization. For the purposes of this | ||
paragraph (27), "veteran" means an Illinois resident who | ||
has served as a member of the United States Armed Forces, a | ||
member of the Illinois National Guard, or a member of the | ||
United States Reserve Forces; and "veterans' organization" | ||
means an organization comprised of members of
which | ||
substantially all are individuals who are veterans or | ||
spouses,
widows, or widowers of veterans, the primary | ||
purpose of which is to
promote the welfare of its members | ||
and to provide assistance to the general
public in such a | ||
way as to confer a public benefit; or | ||
(28) the defendant committed the offense of assault, | ||
aggravated assault, battery, aggravated battery, robbery, | ||
armed robbery, or aggravated robbery against a person that | ||
the defendant knew or reasonably should have known was a | ||
letter carrier or postal worker while that person was | ||
performing his or her duties delivering mail for the United |
States Postal Service. | ||
For the purposes of this Section:
| ||
"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
| ||
"Day care center" means a public or private State certified | ||
and
licensed day care center as defined in Section 2.09 of the | ||
Child Care Act of
1969 that displays a sign in plain view | ||
stating that the
property is a day care center.
| ||
"Public transportation" means the transportation
or | ||
conveyance of persons by means available to the general public, | ||
and includes paratransit services. | ||
(b) The following factors, related to all felonies, may be | ||
considered by the court as
reasons to impose an extended term | ||
sentence under Section 5-8-2
upon any offender:
| ||
(1) When a defendant is convicted of any felony, after | ||
having
been previously convicted in Illinois or any other | ||
jurisdiction of the
same or similar class felony or greater | ||
class felony, when such conviction
has occurred within 10 | ||
years after the
previous conviction, excluding time spent | ||
in custody, and such charges are
separately brought and | ||
tried and arise out of different series of acts; or
| ||
(2) When a defendant is convicted of any felony and the | ||
court
finds that the offense was accompanied by | ||
exceptionally brutal
or heinous behavior indicative of | ||
wanton cruelty; or
| ||
(3) When a defendant is convicted of any felony |
committed against:
| ||
(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
| ||
(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
| ||
(iii) a person physically handicapped at the time | ||
of the offense or
such person's property; or
| ||
(4) When a defendant is convicted of any felony and the | ||
offense
involved any of the following types of specific | ||
misconduct committed as
part of a ceremony, rite, | ||
initiation, observance, performance, practice or
activity | ||
of any actual or ostensible religious, fraternal, or social | ||
group:
| ||
(i) the brutalizing or torturing of humans or | ||
animals;
| ||
(ii) the theft of human corpses;
| ||
(iii) the kidnapping of humans;
| ||
(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or | ||
other building or property; or
| ||
(v) ritualized abuse of a child; or
| ||
(5) When a defendant is convicted of a felony other | ||
than conspiracy and
the court finds that
the felony was | ||
committed under an agreement with 2 or more other persons
| ||
to commit that offense and the defendant, with respect to | ||
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management | ||
or leadership, and the court further finds that
the felony | ||
committed was related to or in furtherance of the criminal
| ||
activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
| ||
(6) When a defendant is convicted of an offense | ||
committed while using a firearm with a
laser sight attached | ||
to it. For purposes of this paragraph, "laser sight"
has | ||
the meaning ascribed to it in Section 26-7 of the Criminal | ||
Code of
2012; or
| ||
(7) When a defendant who was at least 17 years of age | ||
at the
time of
the commission of the offense is convicted | ||
of a felony and has been previously
adjudicated a | ||
delinquent minor under the Juvenile Court Act of 1987 for | ||
an act
that if committed by an adult would be a Class X or | ||
Class 1 felony when the
conviction has occurred within 10 | ||
years after the previous adjudication,
excluding time | ||
spent in custody; or
| ||
(8) When a defendant commits any felony and the | ||
defendant used, possessed, exercised control over, or | ||
otherwise directed an animal to assault a law enforcement | ||
officer engaged in the execution of his or her official | ||
duties or in furtherance of the criminal activities of an | ||
organized gang in which the defendant is engaged ; or .
| ||
(9) When a defendant commits any felony and the | ||
defendant knowingly video or audio records the offense with |
the intent to disseminate the recording. | ||
(c) The following factors may be considered by the court as | ||
reasons to impose an extended term sentence under Section 5-8-2 | ||
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||
(1) When a defendant is convicted of first degree | ||
murder, after having been previously convicted in Illinois | ||
of any offense listed under paragraph (c)(2) of Section | ||
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||
within 10 years after the previous conviction, excluding | ||
time spent in custody, and the charges are separately | ||
brought and tried and arise out of different series of | ||
acts. | ||
(1.5) When a defendant is convicted of first degree | ||
murder, after having been previously convicted of domestic | ||
battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||
(720 ILCS 5/12-3.3) committed on the same victim or after | ||
having been previously convicted of violation of an order | ||
of protection (720 ILCS 5/12-30) in which the same victim | ||
was the protected person. | ||
(2) When a defendant is convicted of voluntary | ||
manslaughter, second degree murder, involuntary | ||
manslaughter, or reckless homicide in which the defendant | ||
has been convicted of causing the death of more than one | ||
individual. | ||
(3) When a defendant is convicted of aggravated | ||
criminal sexual assault or criminal sexual assault, when |
there is a finding that aggravated criminal sexual assault | ||
or criminal sexual assault was also committed on the same | ||
victim by one or more other individuals, and the defendant | ||
voluntarily participated in the crime with the knowledge of | ||
the participation of the others in the crime, and the | ||
commission of the crime was part of a single course of | ||
conduct during which there was no substantial change in the | ||
nature of the criminal objective. | ||
(4) If the victim was under 18 years of age at the time | ||
of the commission of the offense, when a defendant is | ||
convicted of aggravated criminal sexual assault or | ||
predatory criminal sexual assault of a child under | ||
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||
of Section 12-14.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||
(5) When a defendant is convicted of a felony violation | ||
of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||
finding that the defendant is a member of an organized | ||
gang. | ||
(6) When a defendant was convicted of unlawful use of | ||
weapons under Section 24-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||
a weapon that is not readily distinguishable as one of the | ||
weapons enumerated in Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
(7) When a defendant is convicted of an offense | ||
involving the illegal manufacture of a controlled | ||
substance under Section 401 of the Illinois Controlled | ||
Substances Act (720 ILCS 570/401), the illegal manufacture | ||
of methamphetamine under Section 25 of the Methamphetamine | ||
Control and Community Protection Act (720 ILCS 646/25), or | ||
the illegal possession of explosives and an emergency | ||
response officer in the performance of his or her duties is | ||
killed or injured at the scene of the offense while | ||
responding to the emergency caused by the commission of the | ||
offense. In this paragraph, "emergency" means a situation | ||
in which a person's life, health, or safety is in jeopardy; | ||
and "emergency response officer" means a peace officer, | ||
community policing volunteer, fireman, emergency medical | ||
technician-ambulance, emergency medical | ||
technician-intermediate, emergency medical | ||
technician-paramedic, ambulance driver, other medical | ||
assistance or first aid personnel, or hospital emergency | ||
room personnel.
| ||
(d) For the purposes of this Section, "organized gang" has | ||
the meaning
ascribed to it in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus
Prevention Act.
| ||
(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
when the victim of the offense is under 18 years of age at the | ||
time of the commission of the offense and, during the | ||
commission of the offense, the victim was under the influence | ||
of alcohol, regardless of whether or not the alcohol was | ||
supplied by the offender; and the offender, at the time of the | ||
commission of the offense, knew or should have known that the | ||
victim had consumed alcohol. | ||
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. | ||
1-25-13.)
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