101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3798

 

Introduced 2/14/2020, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2

    Amends the Unified Code of Corrections. Provides that the court shall add 3 years of imprisonment to the sentence imposed upon a defendant who, at the time of the commission of the offense, was a holder of an elective office or who was appointed to fill a vacancy in that office and who is convicted of a felony relating to or arising out of or in connection with his or her service as a member of that office. Provides that a person convicted of the offense may not receive a period of probation, a term of periodic imprisonment, or conditional discharge and shall, in addition to the added 3 years, be sentenced to not less than the minimum term of imprisonment set forth in the Code for the offense. Defines "elective office". Effective immediately.


LRB101 15458 RLC 64792 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3798LRB101 15458 RLC 64792 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-5-3 and 5-5-3.2 as follows:
 
6    (730 ILCS 5/5-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11    (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17        (A) First degree murder where the death penalty is not
18    imposed.
19        (B) Attempted first degree murder.
20        (C) A Class X felony.
21        (D) A violation of Section 401.1 or 407 of the Illinois
22    Controlled Substances Act, or a violation of subdivision
23    (c)(1.5) of Section 401 of that Act which relates to more

 

 

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1    than 5 grams of a substance containing fentanyl or an
2    analog thereof.
3        (D-5) A violation of subdivision (c)(1) of Section 401
4    of the Illinois Controlled Substances Act which relates to
5    3 or more grams of a substance containing heroin or an
6    analog thereof.
7        (E) (Blank).
8        (F) A Class 1 or greater felony if the offender had
9    been convicted of a Class 1 or greater felony, including
10    any state or federal conviction for an offense that
11    contained, at the time it was committed, the same elements
12    as an offense now (the date of the offense committed after
13    the prior Class 1 or greater felony) classified as a Class
14    1 or greater felony, within 10 years of the date on which
15    the offender committed the offense for which he or she is
16    being sentenced, except as otherwise provided in Section
17    40-10 of the Substance Use Disorder Act.
18        (F-3) A Class 2 or greater felony sex offense or felony
19    firearm offense if the offender had been convicted of a
20    Class 2 or greater felony, including any state or federal
21    conviction for an offense that contained, at the time it
22    was committed, the same elements as an offense now (the
23    date of the offense committed after the prior Class 2 or
24    greater felony) classified as a Class 2 or greater felony,
25    within 10 years of the date on which the offender committed
26    the offense for which he or she is being sentenced, except

 

 

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1    as otherwise provided in Section 40-10 of the Substance Use
2    Disorder Act.
3        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
4    the Criminal Code of 1961 or the Criminal Code of 2012 for
5    which imprisonment is prescribed in those Sections.
6        (G) Residential burglary, except as otherwise provided
7    in Section 40-10 of the Substance Use Disorder Act.
8        (H) Criminal sexual assault.
9        (I) Aggravated battery of a senior citizen as described
10    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
11    of the Criminal Code of 1961 or the Criminal Code of 2012.
12        (J) A forcible felony if the offense was related to the
13    activities of an organized gang.
14        Before July 1, 1994, for the purposes of this
15    paragraph, "organized gang" means an association of 5 or
16    more persons, with an established hierarchy, that
17    encourages members of the association to perpetrate crimes
18    or provides support to the members of the association who
19    do commit crimes.
20        Beginning July 1, 1994, for the purposes of this
21    paragraph, "organized gang" has the meaning ascribed to it
22    in Section 10 of the Illinois Streetgang Terrorism Omnibus
23    Prevention Act.
24        (K) Vehicular hijacking.
25        (L) A second or subsequent conviction for the offense
26    of hate crime when the underlying offense upon which the

 

 

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1    hate crime is based is felony aggravated assault or felony
2    mob action.
3        (M) A second or subsequent conviction for the offense
4    of institutional vandalism if the damage to the property
5    exceeds $300.
6        (N) A Class 3 felony violation of paragraph (1) of
7    subsection (a) of Section 2 of the Firearm Owners
8    Identification Card Act.
9        (O) A violation of Section 12-6.1 or 12-6.5 of the
10    Criminal Code of 1961 or the Criminal Code of 2012.
11        (P) A violation of paragraph (1), (2), (3), (4), (5),
12    or (7) of subsection (a) of Section 11-20.1 of the Criminal
13    Code of 1961 or the Criminal Code of 2012.
14        (Q) A violation of subsection (b) or (b-5) of Section
15    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
16    Code of 1961 or the Criminal Code of 2012.
17        (R) A violation of Section 24-3A of the Criminal Code
18    of 1961 or the Criminal Code of 2012.
19        (S) (Blank).
20        (T) (Blank).
21        (U) A second or subsequent violation of Section 6-303
22    of the Illinois Vehicle Code committed while his or her
23    driver's license, permit, or privilege was revoked because
24    of a violation of Section 9-3 of the Criminal Code of 1961
25    or the Criminal Code of 2012, relating to the offense of
26    reckless homicide, or a similar provision of a law of

 

 

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1    another state.
2        (V) A violation of paragraph (4) of subsection (c) of
3    Section 11-20.1B or paragraph (4) of subsection (c) of
4    Section 11-20.3 of the Criminal Code of 1961, or paragraph
5    (6) of subsection (a) of Section 11-20.1 of the Criminal
6    Code of 2012 when the victim is under 13 years of age and
7    the defendant has previously been convicted under the laws
8    of this State or any other state of the offense of child
9    pornography, aggravated child pornography, aggravated
10    criminal sexual abuse, aggravated criminal sexual assault,
11    predatory criminal sexual assault of a child, or any of the
12    offenses formerly known as rape, deviate sexual assault,
13    indecent liberties with a child, or aggravated indecent
14    liberties with a child where the victim was under the age
15    of 18 years or an offense that is substantially equivalent
16    to those offenses.
17        (W) A violation of Section 24-3.5 of the Criminal Code
18    of 1961 or the Criminal Code of 2012.
19        (X) A violation of subsection (a) of Section 31-1a of
20    the Criminal Code of 1961 or the Criminal Code of 2012.
21        (Y) A conviction for unlawful possession of a firearm
22    by a street gang member when the firearm was loaded or
23    contained firearm ammunition.
24        (Z) A Class 1 felony committed while he or she was
25    serving a term of probation or conditional discharge for a
26    felony.

 

 

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1        (AA) Theft of property exceeding $500,000 and not
2    exceeding $1,000,000 in value.
3        (BB) Laundering of criminally derived property of a
4    value exceeding $500,000.
5        (CC) Knowingly selling, offering for sale, holding for
6    sale, or using 2,000 or more counterfeit items or
7    counterfeit items having a retail value in the aggregate of
8    $500,000 or more.
9        (DD) A conviction for aggravated assault under
10    paragraph (6) of subsection (c) of Section 12-2 of the
11    Criminal Code of 1961 or the Criminal Code of 2012 if the
12    firearm is aimed toward the person against whom the firearm
13    is being used.
14        (EE) A conviction for a violation of paragraph (2) of
15    subsection (a) of Section 24-3B of the Criminal Code of
16    2012.
17        (FF) A conviction for an offense described in
18    subsection (f) of Section 5-5-3.2 of this Code.
19    (3) (Blank).
20    (4) A minimum term of imprisonment of not less than 10
21consecutive days or 30 days of community service shall be
22imposed for a violation of paragraph (c) of Section 6-303 of
23the Illinois Vehicle Code.
24    (4.1) (Blank).
25    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
26this subsection (c), a minimum of 100 hours of community

 

 

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1service shall be imposed for a second violation of Section
26-303 of the Illinois Vehicle Code.
3    (4.3) A minimum term of imprisonment of 30 days or 300
4hours of community service, as determined by the court, shall
5be imposed for a second violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.4) Except as provided in paragraphs (4.5), (4.6), and
8(4.9) of this subsection (c), a minimum term of imprisonment of
930 days or 300 hours of community service, as determined by the
10court, shall be imposed for a third or subsequent violation of
11Section 6-303 of the Illinois Vehicle Code. The court may give
12credit toward the fulfillment of community service hours for
13participation in activities and treatment as determined by
14court services.
15    (4.5) A minimum term of imprisonment of 30 days shall be
16imposed for a third violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.6) Except as provided in paragraph (4.10) of this
19subsection (c), a minimum term of imprisonment of 180 days
20shall be imposed for a fourth or subsequent violation of
21subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22    (4.7) A minimum term of imprisonment of not less than 30
23consecutive days, or 300 hours of community service, shall be
24imposed for a violation of subsection (a-5) of Section 6-303 of
25the Illinois Vehicle Code, as provided in subsection (b-5) of
26that Section.

 

 

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1    (4.8) A mandatory prison sentence shall be imposed for a
2second violation of subsection (a-5) of Section 6-303 of the
3Illinois Vehicle Code, as provided in subsection (c-5) of that
4Section. The person's driving privileges shall be revoked for a
5period of not less than 5 years from the date of his or her
6release from prison.
7    (4.9) A mandatory prison sentence of not less than 4 and
8not more than 15 years shall be imposed for a third violation
9of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10Code, as provided in subsection (d-2.5) of that Section. The
11person's driving privileges shall be revoked for the remainder
12of his or her life.
13    (4.10) A mandatory prison sentence for a Class 1 felony
14shall be imposed, and the person shall be eligible for an
15extended term sentence, for a fourth or subsequent violation of
16subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
17as provided in subsection (d-3.5) of that Section. The person's
18driving privileges shall be revoked for the remainder of his or
19her life.
20    (5) The court may sentence a corporation or unincorporated
21association convicted of any offense to:
22        (A) a period of conditional discharge;
23        (B) a fine;
24        (C) make restitution to the victim under Section 5-5-6
25    of this Code.
26    (5.1) In addition to any other penalties imposed, and

 

 

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1except as provided in paragraph (5.2) or (5.3), a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for at least 90 days but not
5more than one year, if the violation resulted in damage to the
6property of another person.
7    (5.2) In addition to any other penalties imposed, and
8except as provided in paragraph (5.3), a person convicted of
9violating subsection (c) of Section 11-907 of the Illinois
10Vehicle Code shall have his or her driver's license, permit, or
11privileges suspended for at least 180 days but not more than 2
12years, if the violation resulted in injury to another person.
13    (5.3) In addition to any other penalties imposed, a person
14convicted of violating subsection (c) of Section 11-907 of the
15Illinois Vehicle Code shall have his or her driver's license,
16permit, or privileges suspended for 2 years, if the violation
17resulted in the death of another person.
18    (5.4) In addition to any other penalties imposed, a person
19convicted of violating Section 3-707 of the Illinois Vehicle
20Code shall have his or her driver's license, permit, or
21privileges suspended for 3 months and until he or she has paid
22a reinstatement fee of $100.
23    (5.5) In addition to any other penalties imposed, a person
24convicted of violating Section 3-707 of the Illinois Vehicle
25Code during a period in which his or her driver's license,
26permit, or privileges were suspended for a previous violation

 

 

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1of that Section shall have his or her driver's license, permit,
2or privileges suspended for an additional 6 months after the
3expiration of the original 3-month suspension and until he or
4she has paid a reinstatement fee of $100.
5    (6) (Blank).
6    (7) (Blank).
7    (8) (Blank).
8    (9) A defendant convicted of a second or subsequent offense
9of ritualized abuse of a child may be sentenced to a term of
10natural life imprisonment.
11    (10) (Blank).
12    (11) The court shall impose a minimum fine of $1,000 for a
13first offense and $2,000 for a second or subsequent offense
14upon a person convicted of or placed on supervision for battery
15when the individual harmed was a sports official or coach at
16any level of competition and the act causing harm to the sports
17official or coach occurred within an athletic facility or
18within the immediate vicinity of the athletic facility at which
19the sports official or coach was an active participant of the
20athletic contest held at the athletic facility. For the
21purposes of this paragraph (11), "sports official" means a
22person at an athletic contest who enforces the rules of the
23contest, such as an umpire or referee; "athletic facility"
24means an indoor or outdoor playing field or recreational area
25where sports activities are conducted; and "coach" means a
26person recognized as a coach by the sanctioning authority that

 

 

SB3798- 11 -LRB101 15458 RLC 64792 b

1conducted the sporting event.
2    (12) A person may not receive a disposition of court
3supervision for a violation of Section 5-16 of the Boat
4Registration and Safety Act if that person has previously
5received a disposition of court supervision for a violation of
6that Section.
7    (13) A person convicted of or placed on court supervision
8for an assault or aggravated assault when the victim and the
9offender are family or household members as defined in Section
10103 of the Illinois Domestic Violence Act of 1986 or convicted
11of domestic battery or aggravated domestic battery may be
12required to attend a Partner Abuse Intervention Program under
13protocols set forth by the Illinois Department of Human
14Services under such terms and conditions imposed by the court.
15The costs of such classes shall be paid by the offender.
16    (d) In any case in which a sentence originally imposed is
17vacated, the case shall be remanded to the trial court. The
18trial court shall hold a hearing under Section 5-4-1 of this
19Code which may include evidence of the defendant's life, moral
20character and occupation during the time since the original
21sentence was passed. The trial court shall then impose sentence
22upon the defendant. The trial court may impose any sentence
23which could have been imposed at the original trial subject to
24Section 5-5-4 of this Code. If a sentence is vacated on appeal
25or on collateral attack due to the failure of the trier of fact
26at trial to determine beyond a reasonable doubt the existence

 

 

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1of a fact (other than a prior conviction) necessary to increase
2the punishment for the offense beyond the statutory maximum
3otherwise applicable, either the defendant may be re-sentenced
4to a term within the range otherwise provided or, if the State
5files notice of its intention to again seek the extended
6sentence, the defendant shall be afforded a new trial.
7    (e) In cases where prosecution for aggravated criminal
8sexual abuse under Section 11-1.60 or 12-16 of the Criminal
9Code of 1961 or the Criminal Code of 2012 results in conviction
10of a defendant who was a family member of the victim at the
11time of the commission of the offense, the court shall consider
12the safety and welfare of the victim and may impose a sentence
13of probation only where:
14        (1) the court finds (A) or (B) or both are appropriate:
15            (A) the defendant is willing to undergo a court
16        approved counseling program for a minimum duration of 2
17        years; or
18            (B) the defendant is willing to participate in a
19        court approved plan including but not limited to the
20        defendant's:
21                (i) removal from the household;
22                (ii) restricted contact with the victim;
23                (iii) continued financial support of the
24            family;
25                (iv) restitution for harm done to the victim;
26            and

 

 

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1                (v) compliance with any other measures that
2            the court may deem appropriate; and
3        (2) the court orders the defendant to pay for the
4    victim's counseling services, to the extent that the court
5    finds, after considering the defendant's income and
6    assets, that the defendant is financially capable of paying
7    for such services, if the victim was under 18 years of age
8    at the time the offense was committed and requires
9    counseling as a result of the offense.
10    Probation may be revoked or modified pursuant to Section
115-6-4; except where the court determines at the hearing that
12the defendant violated a condition of his or her probation
13restricting contact with the victim or other family members or
14commits another offense with the victim or other family
15members, the court shall revoke the defendant's probation and
16impose a term of imprisonment.
17    For the purposes of this Section, "family member" and
18"victim" shall have the meanings ascribed to them in Section
1911-0.1 of the Criminal Code of 2012.
20    (f) (Blank).
21    (g) Whenever a defendant is convicted of an offense under
22Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2311-14.3, 11-14.4 except for an offense that involves keeping a
24place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012, the defendant shall undergo medical
2testing to determine whether the defendant has any sexually
3transmissible disease, including a test for infection with
4human immunodeficiency virus (HIV) or any other identified
5causative agent of acquired immunodeficiency syndrome (AIDS).
6Any such medical test shall be performed only by appropriately
7licensed medical practitioners and may include an analysis of
8any bodily fluids as well as an examination of the defendant's
9person. Except as otherwise provided by law, the results of
10such test shall be kept strictly confidential by all medical
11personnel involved in the testing and must be personally
12delivered in a sealed envelope to the judge of the court in
13which the conviction was entered for the judge's inspection in
14camera. Acting in accordance with the best interests of the
15victim and the public, the judge shall have the discretion to
16determine to whom, if anyone, the results of the testing may be
17revealed. The court shall notify the defendant of the test
18results. The court shall also notify the victim if requested by
19the victim, and if the victim is under the age of 15 and if
20requested by the victim's parents or legal guardian, the court
21shall notify the victim's parents or legal guardian of the test
22results. The court shall provide information on the
23availability of HIV testing and counseling at Department of
24Public Health facilities to all parties to whom the results of
25the testing are revealed and shall direct the State's Attorney
26to provide the information to the victim when possible. A

 

 

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1State's Attorney may petition the court to obtain the results
2of any HIV test administered under this Section, and the court
3shall grant the disclosure if the State's Attorney shows it is
4relevant in order to prosecute a charge of criminal
5transmission of HIV under Section 12-5.01 or 12-16.2 of the
6Criminal Code of 1961 or the Criminal Code of 2012 against the
7defendant. The court shall order that the cost of any such test
8shall be paid by the county and may be taxed as costs against
9the convicted defendant.
10    (g-5) When an inmate is tested for an airborne communicable
11disease, as determined by the Illinois Department of Public
12Health including but not limited to tuberculosis, the results
13of the test shall be personally delivered by the warden or his
14or her designee in a sealed envelope to the judge of the court
15in which the inmate must appear for the judge's inspection in
16camera if requested by the judge. Acting in accordance with the
17best interests of those in the courtroom, the judge shall have
18the discretion to determine what if any precautions need to be
19taken to prevent transmission of the disease in the courtroom.
20    (h) Whenever a defendant is convicted of an offense under
21Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
22defendant shall undergo medical testing to determine whether
23the defendant has been exposed to human immunodeficiency virus
24(HIV) or any other identified causative agent of acquired
25immunodeficiency syndrome (AIDS). Except as otherwise provided
26by law, the results of such test shall be kept strictly

 

 

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1confidential by all medical personnel involved in the testing
2and must be personally delivered in a sealed envelope to the
3judge of the court in which the conviction was entered for the
4judge's inspection in camera. Acting in accordance with the
5best interests of the public, the judge shall have the
6discretion to determine to whom, if anyone, the results of the
7testing may be revealed. The court shall notify the defendant
8of a positive test showing an infection with the human
9immunodeficiency virus (HIV). The court shall provide
10information on the availability of HIV testing and counseling
11at Department of Public Health facilities to all parties to
12whom the results of the testing are revealed and shall direct
13the State's Attorney to provide the information to the victim
14when possible. A State's Attorney may petition the court to
15obtain the results of any HIV test administered under this
16Section, and the court shall grant the disclosure if the
17State's Attorney shows it is relevant in order to prosecute a
18charge of criminal transmission of HIV under Section 12-5.01 or
1912-16.2 of the Criminal Code of 1961 or the Criminal Code of
202012 against the defendant. The court shall order that the cost
21of any such test shall be paid by the county and may be taxed as
22costs against the convicted defendant.
23    (i) All fines and penalties imposed under this Section for
24any violation of Chapters 3, 4, 6, and 11 of the Illinois
25Vehicle Code, or a similar provision of a local ordinance, and
26any violation of the Child Passenger Protection Act, or a

 

 

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1similar provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under the Criminal
3and Traffic Assessment Act.
4    (j) In cases when prosecution for any violation of Section
511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
912-15, or 12-16 of the Criminal Code of 1961 or the Criminal
10Code of 2012, any violation of the Illinois Controlled
11Substances Act, any violation of the Cannabis Control Act, or
12any violation of the Methamphetamine Control and Community
13Protection Act results in conviction, a disposition of court
14supervision, or an order of probation granted under Section 10
15of the Cannabis Control Act, Section 410 of the Illinois
16Controlled Substances Act, or Section 70 of the Methamphetamine
17Control and Community Protection Act of a defendant, the court
18shall determine whether the defendant is employed by a facility
19or center as defined under the Child Care Act of 1969, a public
20or private elementary or secondary school, or otherwise works
21with children under 18 years of age on a daily basis. When a
22defendant is so employed, the court shall order the Clerk of
23the Court to send a copy of the judgment of conviction or order
24of supervision or probation to the defendant's employer by
25certified mail. If the employer of the defendant is a school,
26the Clerk of the Court shall direct the mailing of a copy of

 

 

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1the judgment of conviction or order of supervision or probation
2to the appropriate regional superintendent of schools. The
3regional superintendent of schools shall notify the State Board
4of Education of any notification under this subsection.
5    (j-5) A defendant at least 17 years of age who is convicted
6of a felony and who has not been previously convicted of a
7misdemeanor or felony and who is sentenced to a term of
8imprisonment in the Illinois Department of Corrections shall as
9a condition of his or her sentence be required by the court to
10attend educational courses designed to prepare the defendant
11for a high school diploma and to work toward a high school
12diploma or to work toward passing high school equivalency
13testing or to work toward completing a vocational training
14program offered by the Department of Corrections. If a
15defendant fails to complete the educational training required
16by his or her sentence during the term of incarceration, the
17Prisoner Review Board shall, as a condition of mandatory
18supervised release, require the defendant, at his or her own
19expense, to pursue a course of study toward a high school
20diploma or passage of high school equivalency testing. The
21Prisoner Review Board shall revoke the mandatory supervised
22release of a defendant who wilfully fails to comply with this
23subsection (j-5) upon his or her release from confinement in a
24penal institution while serving a mandatory supervised release
25term; however, the inability of the defendant after making a
26good faith effort to obtain financial aid or pay for the

 

 

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1educational training shall not be deemed a wilful failure to
2comply. The Prisoner Review Board shall recommit the defendant
3whose mandatory supervised release term has been revoked under
4this subsection (j-5) as provided in Section 3-3-9. This
5subsection (j-5) does not apply to a defendant who has a high
6school diploma or has successfully passed high school
7equivalency testing. This subsection (j-5) does not apply to a
8defendant who is determined by the court to be a person with a
9developmental disability or otherwise mentally incapable of
10completing the educational or vocational program.
11    (k) (Blank).
12    (l) (A) Except as provided in paragraph (C) of subsection
13(l), whenever a defendant, who is an alien as defined by the
14Immigration and Nationality Act, is convicted of any felony or
15misdemeanor offense, the court after sentencing the defendant
16may, upon motion of the State's Attorney, hold sentence in
17abeyance and remand the defendant to the custody of the
18Attorney General of the United States or his or her designated
19agent to be deported when:
20        (1) a final order of deportation has been issued
21    against the defendant pursuant to proceedings under the
22    Immigration and Nationality Act, and
23        (2) the deportation of the defendant would not
24    deprecate the seriousness of the defendant's conduct and
25    would not be inconsistent with the ends of justice.
26    Otherwise, the defendant shall be sentenced as provided in

 

 

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1this Chapter V.
2    (B) If the defendant has already been sentenced for a
3felony or misdemeanor offense, or has been placed on probation
4under Section 10 of the Cannabis Control Act, Section 410 of
5the Illinois Controlled Substances Act, or Section 70 of the
6Methamphetamine Control and Community Protection Act, the
7court may, upon motion of the State's Attorney to suspend the
8sentence imposed, commit the defendant to the custody of the
9Attorney General of the United States or his or her designated
10agent when:
11        (1) a final order of deportation has been issued
12    against the defendant pursuant to proceedings under the
13    Immigration and Nationality Act, and
14        (2) the deportation of the defendant would not
15    deprecate the seriousness of the defendant's conduct and
16    would not be inconsistent with the ends of justice.
17    (C) This subsection (l) does not apply to offenders who are
18subject to the provisions of paragraph (2) of subsection (a) of
19Section 3-6-3.
20    (D) Upon motion of the State's Attorney, if a defendant
21sentenced under this Section returns to the jurisdiction of the
22United States, the defendant shall be recommitted to the
23custody of the county from which he or she was sentenced.
24Thereafter, the defendant shall be brought before the
25sentencing court, which may impose any sentence that was
26available under Section 5-5-3 at the time of initial

 

 

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1sentencing. In addition, the defendant shall not be eligible
2for additional earned sentence credit as provided under Section
33-6-3.
4    (m) A person convicted of criminal defacement of property
5under Section 21-1.3 of the Criminal Code of 1961 or the
6Criminal Code of 2012, in which the property damage exceeds
7$300 and the property damaged is a school building, shall be
8ordered to perform community service that may include cleanup,
9removal, or painting over the defacement.
10    (n) The court may sentence a person convicted of a
11violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
12subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
13of 1961 or the Criminal Code of 2012 (i) to an impact
14incarceration program if the person is otherwise eligible for
15that program under Section 5-8-1.1, (ii) to community service,
16or (iii) if the person has a substance use disorder, as defined
17in the Substance Use Disorder Act, to a treatment program
18licensed under that Act.
19    (o) Whenever a person is convicted of a sex offense as
20defined in Section 2 of the Sex Offender Registration Act, the
21defendant's driver's license or permit shall be subject to
22renewal on an annual basis in accordance with the provisions of
23license renewal established by the Secretary of State.
24(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
25100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 

 

 

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1    (730 ILCS 5/5-5-3.2)
2    Sec. 5-5-3.2. Factors in aggravation and extended-term
3sentencing.
4    (a) The following factors shall be accorded weight in favor
5of imposing a term of imprisonment or may be considered by the
6court as reasons to impose a more severe sentence under Section
75-8-1 or Article 4.5 of Chapter V:
8        (1) the defendant's conduct caused or threatened
9    serious harm;
10        (2) the defendant received compensation for committing
11    the offense;
12        (3) the defendant has a history of prior delinquency or
13    criminal activity;
14        (4) the defendant, by the duties of his office or by
15    his position, was obliged to prevent the particular offense
16    committed or to bring the offenders committing it to
17    justice;
18        (5) the defendant held public office at the time of the
19    offense, and the offense related to the conduct of that
20    office;
21        (6) the defendant utilized his professional reputation
22    or position in the community to commit the offense, or to
23    afford him an easier means of committing it;
24        (7) the sentence is necessary to deter others from
25    committing the same crime;
26        (8) the defendant committed the offense against a

 

 

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1    person 60 years of age or older or such person's property;
2        (9) the defendant committed the offense against a
3    person who has a physical disability or such person's
4    property;
5        (10) by reason of another individual's actual or
6    perceived race, color, creed, religion, ancestry, gender,
7    sexual orientation, physical or mental disability, or
8    national origin, the defendant committed the offense
9    against (i) the person or property of that individual; (ii)
10    the person or property of a person who has an association
11    with, is married to, or has a friendship with the other
12    individual; or (iii) the person or property of a relative
13    (by blood or marriage) of a person described in clause (i)
14    or (ii). For the purposes of this Section, "sexual
15    orientation" has the meaning ascribed to it in paragraph
16    (O-1) of Section 1-103 of the Illinois Human Rights Act;
17        (11) the offense took place in a place of worship or on
18    the grounds of a place of worship, immediately prior to,
19    during or immediately following worship services. For
20    purposes of this subparagraph, "place of worship" shall
21    mean any church, synagogue or other building, structure or
22    place used primarily for religious worship;
23        (12) the defendant was convicted of a felony committed
24    while he was released on bail or his own recognizance
25    pending trial for a prior felony and was convicted of such
26    prior felony, or the defendant was convicted of a felony

 

 

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1    committed while he was serving a period of probation,
2    conditional discharge, or mandatory supervised release
3    under subsection (d) of Section 5-8-1 for a prior felony;
4        (13) the defendant committed or attempted to commit a
5    felony while he was wearing a bulletproof vest. For the
6    purposes of this paragraph (13), a bulletproof vest is any
7    device which is designed for the purpose of protecting the
8    wearer from bullets, shot or other lethal projectiles;
9        (14) the defendant held a position of trust or
10    supervision such as, but not limited to, family member as
11    defined in Section 11-0.1 of the Criminal Code of 2012,
12    teacher, scout leader, baby sitter, or day care worker, in
13    relation to a victim under 18 years of age, and the
14    defendant committed an offense in violation of Section
15    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
16    11-14.4 except for an offense that involves keeping a place
17    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
18    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
19    or 12-16 of the Criminal Code of 1961 or the Criminal Code
20    of 2012 against that victim;
21        (15) the defendant committed an offense related to the
22    activities of an organized gang. For the purposes of this
23    factor, "organized gang" has the meaning ascribed to it in
24    Section 10 of the Streetgang Terrorism Omnibus Prevention
25    Act;
26        (16) the defendant committed an offense in violation of

 

 

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1    one of the following Sections while in a school, regardless
2    of the time of day or time of year; on any conveyance
3    owned, leased, or contracted by a school to transport
4    students to or from school or a school related activity; on
5    the real property of a school; or on a public way within
6    1,000 feet of the real property comprising any school:
7    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
8    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
9    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
10    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
11    18-2, or 33A-2, or Section 12-3.05 except for subdivision
12    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
13    Criminal Code of 2012;
14        (16.5) the defendant committed an offense in violation
15    of one of the following Sections while in a day care
16    center, regardless of the time of day or time of year; on
17    the real property of a day care center, regardless of the
18    time of day or time of year; or on a public way within
19    1,000 feet of the real property comprising any day care
20    center, regardless of the time of day or time of year:
21    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
22    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
23    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
24    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25    18-2, or 33A-2, or Section 12-3.05 except for subdivision
26    (a)(4) or (g)(1), of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012;
2        (17) the defendant committed the offense by reason of
3    any person's activity as a community policing volunteer or
4    to prevent any person from engaging in activity as a
5    community policing volunteer. For the purpose of this
6    Section, "community policing volunteer" has the meaning
7    ascribed to it in Section 2-3.5 of the Criminal Code of
8    2012;
9        (18) the defendant committed the offense in a nursing
10    home or on the real property comprising a nursing home. For
11    the purposes of this paragraph (18), "nursing home" means a
12    skilled nursing or intermediate long term care facility
13    that is subject to license by the Illinois Department of
14    Public Health under the Nursing Home Care Act, the
15    Specialized Mental Health Rehabilitation Act of 2013, the
16    ID/DD Community Care Act, or the MC/DD Act;
17        (19) the defendant was a federally licensed firearm
18    dealer and was previously convicted of a violation of
19    subsection (a) of Section 3 of the Firearm Owners
20    Identification Card Act and has now committed either a
21    felony violation of the Firearm Owners Identification Card
22    Act or an act of armed violence while armed with a firearm;
23        (20) the defendant (i) committed the offense of
24    reckless homicide under Section 9-3 of the Criminal Code of
25    1961 or the Criminal Code of 2012 or the offense of driving
26    under the influence of alcohol, other drug or drugs,

 

 

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1    intoxicating compound or compounds or any combination
2    thereof under Section 11-501 of the Illinois Vehicle Code
3    or a similar provision of a local ordinance and (ii) was
4    operating a motor vehicle in excess of 20 miles per hour
5    over the posted speed limit as provided in Article VI of
6    Chapter 11 of the Illinois Vehicle Code;
7        (21) the defendant (i) committed the offense of
8    reckless driving or aggravated reckless driving under
9    Section 11-503 of the Illinois Vehicle Code and (ii) was
10    operating a motor vehicle in excess of 20 miles per hour
11    over the posted speed limit as provided in Article VI of
12    Chapter 11 of the Illinois Vehicle Code;
13        (22) the defendant committed the offense against a
14    person that the defendant knew, or reasonably should have
15    known, was a member of the Armed Forces of the United
16    States serving on active duty. For purposes of this clause
17    (22), the term "Armed Forces" means any of the Armed Forces
18    of the United States, including a member of any reserve
19    component thereof or National Guard unit called to active
20    duty;
21        (23) the defendant committed the offense against a
22    person who was elderly or infirm or who was a person with a
23    disability by taking advantage of a family or fiduciary
24    relationship with the elderly or infirm person or person
25    with a disability;
26        (24) the defendant committed any offense under Section

 

 

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1    11-20.1 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 and possessed 100 or more images;
3        (25) the defendant committed the offense while the
4    defendant or the victim was in a train, bus, or other
5    vehicle used for public transportation;
6        (26) the defendant committed the offense of child
7    pornography or aggravated child pornography, specifically
8    including paragraph (1), (2), (3), (4), (5), or (7) of
9    subsection (a) of Section 11-20.1 of the Criminal Code of
10    1961 or the Criminal Code of 2012 where a child engaged in,
11    solicited for, depicted in, or posed in any act of sexual
12    penetration or bound, fettered, or subject to sadistic,
13    masochistic, or sadomasochistic abuse in a sexual context
14    and specifically including paragraph (1), (2), (3), (4),
15    (5), or (7) of subsection (a) of Section 11-20.1B or
16    Section 11-20.3 of the Criminal Code of 1961 where a child
17    engaged in, solicited for, depicted in, or posed in any act
18    of sexual penetration or bound, fettered, or subject to
19    sadistic, masochistic, or sadomasochistic abuse in a
20    sexual context;
21        (27) the defendant committed the offense of first
22    degree murder, assault, aggravated assault, battery,
23    aggravated battery, robbery, armed robbery, or aggravated
24    robbery against a person who was a veteran and the
25    defendant knew, or reasonably should have known, that the
26    person was a veteran performing duties as a representative

 

 

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1    of a veterans' organization. For the purposes of this
2    paragraph (27), "veteran" means an Illinois resident who
3    has served as a member of the United States Armed Forces, a
4    member of the Illinois National Guard, or a member of the
5    United States Reserve Forces; and "veterans' organization"
6    means an organization comprised of members of which
7    substantially all are individuals who are veterans or
8    spouses, widows, or widowers of veterans, the primary
9    purpose of which is to promote the welfare of its members
10    and to provide assistance to the general public in such a
11    way as to confer a public benefit;
12        (28) the defendant committed the offense of assault,
13    aggravated assault, battery, aggravated battery, robbery,
14    armed robbery, or aggravated robbery against a person that
15    the defendant knew or reasonably should have known was a
16    letter carrier or postal worker while that person was
17    performing his or her duties delivering mail for the United
18    States Postal Service;
19        (29) the defendant committed the offense of criminal
20    sexual assault, aggravated criminal sexual assault,
21    criminal sexual abuse, or aggravated criminal sexual abuse
22    against a victim with an intellectual disability, and the
23    defendant holds a position of trust, authority, or
24    supervision in relation to the victim;
25        (30) the defendant committed the offense of promoting
26    juvenile prostitution, patronizing a prostitute, or

 

 

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1    patronizing a minor engaged in prostitution and at the time
2    of the commission of the offense knew that the prostitute
3    or minor engaged in prostitution was in the custody or
4    guardianship of the Department of Children and Family
5    Services;
6        (31) the defendant (i) committed the offense of driving
7    while under the influence of alcohol, other drug or drugs,
8    intoxicating compound or compounds or any combination
9    thereof in violation of Section 11-501 of the Illinois
10    Vehicle Code or a similar provision of a local ordinance
11    and (ii) the defendant during the commission of the offense
12    was driving his or her vehicle upon a roadway designated
13    for one-way traffic in the opposite direction of the
14    direction indicated by official traffic control devices;
15    or
16        (32) the defendant committed the offense of reckless
17    homicide while committing a violation of Section 11-907 of
18    the Illinois Vehicle Code; .
19        (33) (32) the defendant was found guilty of an
20    administrative infraction related to an act or acts of
21    public indecency or sexual misconduct in the penal
22    institution. In this paragraph (33) (32), "penal
23    institution" has the same meaning as in Section 2-14 of the
24    Criminal Code of 2012; or .
25        (34) (32) the defendant committed the offense of
26    leaving the scene of an accident in violation of subsection

 

 

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1    (b) of Section 11-401 of the Illinois Vehicle Code and the
2    accident resulted in the death of a person and at the time
3    of the offense, the defendant was: (i) driving under the
4    influence of alcohol, other drug or drugs, intoxicating
5    compound or compounds or any combination thereof as defined
6    by Section 11-501 of the Illinois Vehicle Code; or (ii)
7    operating the motor vehicle while using an electronic
8    communication device as defined in Section 12-610.2 of the
9    Illinois Vehicle Code.
10    For the purposes of this Section:
11    "School" is defined as a public or private elementary or
12secondary school, community college, college, or university.
13    "Day care center" means a public or private State certified
14and licensed day care center as defined in Section 2.09 of the
15Child Care Act of 1969 that displays a sign in plain view
16stating that the property is a day care center.
17    "Intellectual disability" means significantly subaverage
18intellectual functioning which exists concurrently with
19impairment in adaptive behavior.
20    "Public transportation" means the transportation or
21conveyance of persons by means available to the general public,
22and includes paratransit services.
23    "Traffic control devices" means all signs, signals,
24markings, and devices that conform to the Illinois Manual on
25Uniform Traffic Control Devices, placed or erected by authority
26of a public body or official having jurisdiction, for the

 

 

SB3798- 32 -LRB101 15458 RLC 64792 b

1purpose of regulating, warning, or guiding traffic.
2    (b) The following factors, related to all felonies, may be
3considered by the court as reasons to impose an extended term
4sentence under Section 5-8-2 upon any offender:
5        (1) When a defendant is convicted of any felony, after
6    having been previously convicted in Illinois or any other
7    jurisdiction of the same or similar class felony or greater
8    class felony, when such conviction has occurred within 10
9    years after the previous conviction, excluding time spent
10    in custody, and such charges are separately brought and
11    tried and arise out of different series of acts; or
12        (2) When a defendant is convicted of any felony and the
13    court finds that the offense was accompanied by
14    exceptionally brutal or heinous behavior indicative of
15    wanton cruelty; or
16        (3) When a defendant is convicted of any felony
17    committed against:
18            (i) a person under 12 years of age at the time of
19        the offense or such person's property;
20            (ii) a person 60 years of age or older at the time
21        of the offense or such person's property; or
22            (iii) a person who had a physical disability at the
23        time of the offense or such person's property; or
24        (4) When a defendant is convicted of any felony and the
25    offense involved any of the following types of specific
26    misconduct committed as part of a ceremony, rite,

 

 

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1    initiation, observance, performance, practice or activity
2    of any actual or ostensible religious, fraternal, or social
3    group:
4            (i) the brutalizing or torturing of humans or
5        animals;
6            (ii) the theft of human corpses;
7            (iii) the kidnapping of humans;
8            (iv) the desecration of any cemetery, religious,
9        fraternal, business, governmental, educational, or
10        other building or property; or
11            (v) ritualized abuse of a child; or
12        (5) When a defendant is convicted of a felony other
13    than conspiracy and the court finds that the felony was
14    committed under an agreement with 2 or more other persons
15    to commit that offense and the defendant, with respect to
16    the other individuals, occupied a position of organizer,
17    supervisor, financier, or any other position of management
18    or leadership, and the court further finds that the felony
19    committed was related to or in furtherance of the criminal
20    activities of an organized gang or was motivated by the
21    defendant's leadership in an organized gang; or
22        (6) When a defendant is convicted of an offense
23    committed while using a firearm with a laser sight attached
24    to it. For purposes of this paragraph, "laser sight" has
25    the meaning ascribed to it in Section 26-7 of the Criminal
26    Code of 2012; or

 

 

SB3798- 34 -LRB101 15458 RLC 64792 b

1        (7) When a defendant who was at least 17 years of age
2    at the time of the commission of the offense is convicted
3    of a felony and has been previously adjudicated a
4    delinquent minor under the Juvenile Court Act of 1987 for
5    an act that if committed by an adult would be a Class X or
6    Class 1 felony when the conviction has occurred within 10
7    years after the previous adjudication, excluding time
8    spent in custody; or
9        (8) When a defendant commits any felony and the
10    defendant used, possessed, exercised control over, or
11    otherwise directed an animal to assault a law enforcement
12    officer engaged in the execution of his or her official
13    duties or in furtherance of the criminal activities of an
14    organized gang in which the defendant is engaged; or
15        (9) When a defendant commits any felony and the
16    defendant knowingly video or audio records the offense with
17    the intent to disseminate the recording.
18    (c) The following factors may be considered by the court as
19reasons to impose an extended term sentence under Section 5-8-2
20(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
21        (1) When a defendant is convicted of first degree
22    murder, after having been previously convicted in Illinois
23    of any offense listed under paragraph (c)(2) of Section
24    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
25    within 10 years after the previous conviction, excluding
26    time spent in custody, and the charges are separately

 

 

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1    brought and tried and arise out of different series of
2    acts.
3        (1.5) When a defendant is convicted of first degree
4    murder, after having been previously convicted of domestic
5    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
6    (720 ILCS 5/12-3.3) committed on the same victim or after
7    having been previously convicted of violation of an order
8    of protection (720 ILCS 5/12-30) in which the same victim
9    was the protected person.
10        (2) When a defendant is convicted of voluntary
11    manslaughter, second degree murder, involuntary
12    manslaughter, or reckless homicide in which the defendant
13    has been convicted of causing the death of more than one
14    individual.
15        (3) When a defendant is convicted of aggravated
16    criminal sexual assault or criminal sexual assault, when
17    there is a finding that aggravated criminal sexual assault
18    or criminal sexual assault was also committed on the same
19    victim by one or more other individuals, and the defendant
20    voluntarily participated in the crime with the knowledge of
21    the participation of the others in the crime, and the
22    commission of the crime was part of a single course of
23    conduct during which there was no substantial change in the
24    nature of the criminal objective.
25        (4) If the victim was under 18 years of age at the time
26    of the commission of the offense, when a defendant is

 

 

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1    convicted of aggravated criminal sexual assault or
2    predatory criminal sexual assault of a child under
3    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
4    of Section 12-14.1 of the Criminal Code of 1961 or the
5    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
6        (5) When a defendant is convicted of a felony violation
7    of Section 24-1 of the Criminal Code of 1961 or the
8    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
9    finding that the defendant is a member of an organized
10    gang.
11        (6) When a defendant was convicted of unlawful use of
12    weapons under Section 24-1 of the Criminal Code of 1961 or
13    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
14    a weapon that is not readily distinguishable as one of the
15    weapons enumerated in Section 24-1 of the Criminal Code of
16    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
17        (7) When a defendant is convicted of an offense
18    involving the illegal manufacture of a controlled
19    substance under Section 401 of the Illinois Controlled
20    Substances Act (720 ILCS 570/401), the illegal manufacture
21    of methamphetamine under Section 25 of the Methamphetamine
22    Control and Community Protection Act (720 ILCS 646/25), or
23    the illegal possession of explosives and an emergency
24    response officer in the performance of his or her duties is
25    killed or injured at the scene of the offense while
26    responding to the emergency caused by the commission of the

 

 

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1    offense. In this paragraph, "emergency" means a situation
2    in which a person's life, health, or safety is in jeopardy;
3    and "emergency response officer" means a peace officer,
4    community policing volunteer, fireman, emergency medical
5    technician-ambulance, emergency medical
6    technician-intermediate, emergency medical
7    technician-paramedic, ambulance driver, other medical
8    assistance or first aid personnel, or hospital emergency
9    room personnel.
10        (8) When the defendant is convicted of attempted mob
11    action, solicitation to commit mob action, or conspiracy to
12    commit mob action under Section 8-1, 8-2, or 8-4 of the
13    Criminal Code of 2012, where the criminal object is a
14    violation of Section 25-1 of the Criminal Code of 2012, and
15    an electronic communication is used in the commission of
16    the offense. For the purposes of this paragraph (8),
17    "electronic communication" shall have the meaning provided
18    in Section 26.5-0.1 of the Criminal Code of 2012.
19    (d) For the purposes of this Section, "organized gang" has
20the meaning ascribed to it in Section 10 of the Illinois
21Streetgang Terrorism Omnibus Prevention Act.
22    (e) The court may impose an extended term sentence under
23Article 4.5 of Chapter V upon an offender who has been
24convicted of a felony violation of Section 11-1.20, 11-1.30,
2511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2612-16 of the Criminal Code of 1961 or the Criminal Code of 2012

 

 

SB3798- 38 -LRB101 15458 RLC 64792 b

1when the victim of the offense is under 18 years of age at the
2time of the commission of the offense and, during the
3commission of the offense, the victim was under the influence
4of alcohol, regardless of whether or not the alcohol was
5supplied by the offender; and the offender, at the time of the
6commission of the offense, knew or should have known that the
7victim had consumed alcohol.
8    (f) The court shall add 3 years of imprisonment to the
9sentence imposed upon a defendant who, at the time of the
10commission of the offense, was a holder of an elective office
11or who was appointed to fill a vacancy in that office and who
12is convicted of a felony relating to or arising out of or in
13connection with his or her service as a holder of that office.
14In this subsection (f), "elective office" means the Governor,
15Lieutenant Governor, Attorney General, Secretary of State,
16State Comptroller, or State Treasurer, a member of the General
17Assembly, a judge of the Circuit, Appellate, or Supreme Court,
18or a member of the governing body of a unit of local government
19or school district.
20(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
21101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.