HB1309 EnrolledLRB098 03409 MRW 33424 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 Criminal Code of 2012 is amended by changing
5Sections 12-2 and 12-3.05 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits
13aggravated assault when, in committing an assault, he or she
14knows the individual assaulted to be any of the following:
15        (1) A physically handicapped person or a person 60
16    years of age or older and the assault is without legal
17    justification.
18        (2) A teacher or school employee upon school grounds or
19    grounds adjacent to a school or in any part of a building
20    used for school purposes.
21        (3) A park district employee upon park grounds or
22    grounds adjacent to a park or in any part of a building
23    used for park purposes.

 

 

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1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, emergency management
3    worker, emergency medical technician, or utility worker:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or her
6        official duties; or
7            (iii) assaulted in retaliation for performing his
8        or her official duties.
9        (5) A correctional officer or probation officer:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or her
12        official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (6) A correctional institution employee, a county
16    juvenile detention center employee who provides direct and
17    continuous supervision of residents of a juvenile
18    detention center, including a county juvenile detention
19    center employee who supervises recreational activity for
20    residents of a juvenile detention center, or a Department
21    of Human Services employee, Department of Human Services
22    officer, or employee of a subcontractor of the Department
23    of Human Services supervising or controlling sexually
24    dangerous persons or sexually violent persons:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (7) An employee of the State of Illinois, a municipal
5    corporation therein, or a political subdivision thereof,
6    performing his or her official duties.
7        (8) A transit employee performing his or her official
8    duties, or a transit passenger.
9        (9) A sports official or coach actively participating
10    in any level of athletic competition within a sports venue,
11    on an indoor playing field or outdoor playing field, or
12    within the immediate vicinity of such a facility or field.
13        (10) A person authorized to serve process under Section
14    2-202 of the Code of Civil Procedure or a special process
15    server appointed by the circuit court, while that
16    individual is in the performance of his or her duties as a
17    process server.
18    (c) Offense based on use of firearm, device, or motor
19vehicle. A person commits aggravated assault when, in
20committing an assault, he or she does any of the following:
21        (1) Uses a deadly weapon, an air rifle as defined in
22    the Air Rifle Act, or any device manufactured and designed
23    to be substantially similar in appearance to a firearm,
24    other than by discharging a firearm.
25        (2) Discharges a firearm, other than from a motor
26    vehicle.

 

 

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1        (3) Discharges a firearm from a motor vehicle.
2        (4) Wears a hood, robe, or mask to conceal his or her
3    identity.
4        (5) Knowingly and without lawful justification shines
5    or flashes a laser gun sight or other laser device attached
6    to a firearm, or used in concert with a firearm, so that
7    the laser beam strikes near or in the immediate vicinity of
8    any person.
9        (6) Uses a firearm, other than by discharging the
10    firearm, against a peace officer, community policing
11    volunteer, fireman, private security officer, emergency
12    management worker, emergency medical technician, employee
13    of a police department, employee of a sheriff's department,
14    or traffic control municipal employee:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (7) Without justification operates a motor vehicle in a
21    manner which places a person, other than a person listed in
22    subdivision (b)(4), in reasonable apprehension of being
23    struck by the moving motor vehicle.
24        (8) Without justification operates a motor vehicle in a
25    manner which places a person listed in subdivision (b)(4),
26    in reasonable apprehension of being struck by the moving

 

 

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1    motor vehicle.
2        (9) Knowingly video or audio records the offense with
3    the intent to disseminate the recording.
4    (d) Sentence. Aggravated assault as defined in subdivision
5(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
6(c)(1), or (c)(4), or (c)(9) is a Class A misdemeanor, except
7that aggravated assault as defined in subdivision (b)(4) and
8(b)(7) is a Class 4 felony if a Category I, Category II, or
9Category III weapon is used in the commission of the assault.
10Aggravated assault as defined in subdivision (b)(5), (b)(6),
11(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
12Aggravated assault as defined in subdivision (c)(3) or (c)(8)
13is a Class 3 felony.
14    (e) For the purposes of this Section, "Category I weapon",
15"Category II weapon, and "Category III weapon" have the
16meanings ascribed to those terms in Section 33A-1 of this Code.
17(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10;
1896-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff.
197-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff.
208-12-11; 97-1109, eff. 1-1-13.)
 
21    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
22    Sec. 12-3.05. Aggravated battery.
23    (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability or
3    disfigurement.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability or
10    disfigurement to an individual whom the person knows to be
11    a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability or
22    disfigurement to an individual 60 years of age or older.
23        (5) Strangles another individual.
24    (b) Offense based on injury to a child or intellectually
25disabled person. A person who is at least 18 years of age
26commits aggravated battery when, in committing a battery, he or

 

 

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1she knowingly and without legal justification by any means:
2        (1) causes great bodily harm or permanent disability or
3    disfigurement to any child under the age of 13 years, or to
4    any severely or profoundly intellectually disabled person;
5    or
6        (2) causes bodily harm or disability or disfigurement
7    to any child under the age of 13 years or to any severely
8    or profoundly intellectually disabled person.
9    (c) Offense based on location of conduct. A person commits
10aggravated battery when, in committing a battery, other than by
11the discharge of a firearm, he or she is or the person battered
12is on or about a public way, public property, a public place of
13accommodation or amusement, a sports venue, or a domestic
14violence shelter.
15    (d) Offense based on status of victim. A person commits
16aggravated battery when, in committing a battery, other than by
17discharge of a firearm, he or she knows the individual battered
18to be any of the following:
19        (1) A person 60 years of age or older.
20        (2) A person who is pregnant or physically handicapped.
21        (3) A teacher or school employee upon school grounds or
22    grounds adjacent to a school or in any part of a building
23    used for school purposes.
24        (4) A peace officer, community policing volunteer,
25    fireman, private security officer, correctional
26    institution employee, or Department of Human Services

 

 

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1    employee supervising or controlling sexually dangerous
2    persons or sexually violent persons:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (5) A judge, emergency management worker, emergency
9    medical technician, or utility worker:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (6) An officer or employee of the State of Illinois, a
16    unit of local government, or a school district, while
17    performing his or her official duties.
18        (7) A transit employee performing his or her official
19    duties, or a transit passenger.
20        (8) A taxi driver on duty.
21        (9) A merchant who detains the person for an alleged
22    commission of retail theft under Section 16-26 of this Code
23    and the person without legal justification by any means
24    causes bodily harm to the merchant.
25        (10) A person authorized to serve process under Section
26    2-202 of the Code of Civil Procedure or a special process

 

 

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1    server appointed by the circuit court while that individual
2    is in the performance of his or her duties as a process
3    server.
4    (e) Offense based on use of a firearm. A person commits
5aggravated battery when, in committing a battery, he or she
6knowingly does any of the following:
7        (1) Discharges a firearm, other than a machine gun or a
8    firearm equipped with a silencer, and causes any injury to
9    another person.
10        (2) Discharges a firearm, other than a machine gun or a
11    firearm equipped with a silencer, and causes any injury to
12    a person he or she knows to be a peace officer, community
13    policing volunteer, person summoned by a police officer,
14    fireman, private security officer, correctional
15    institution employee, or emergency management worker:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (3) Discharges a firearm, other than a machine gun or a
22    firearm equipped with a silencer, and causes any injury to
23    a person he or she knows to be an emergency medical
24    technician employed by a municipality or other
25    governmental unit:
26            (i) performing his or her official duties;

 

 

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1            (ii) battered to prevent performance of his or her
2        official duties; or
3            (iii) battered in retaliation for performing his
4        or her official duties.
5        (4) Discharges a firearm and causes any injury to a
6    person he or she knows to be a teacher, a student in a
7    school, or a school employee, and the teacher, student, or
8    employee is upon school grounds or grounds adjacent to a
9    school or in any part of a building used for school
10    purposes.
11        (5) Discharges a machine gun or a firearm equipped with
12    a silencer, and causes any injury to another person.
13        (6) Discharges a machine gun or a firearm equipped with
14    a silencer, and causes any injury to a person he or she
15    knows to be a peace officer, community policing volunteer,
16    person summoned by a police officer, fireman, private
17    security officer, correctional institution employee or
18    emergency management worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (7) Discharges a machine gun or a firearm equipped with
25    a silencer, and causes any injury to a person he or she
26    knows to be an emergency medical technician employed by a

 

 

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1    municipality or other governmental unit:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (8) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to a person he or she
9    knows to be a teacher, or a student in a school, or a
10    school employee, and the teacher, student, or employee is
11    upon school grounds or grounds adjacent to a school or in
12    any part of a building used for school purposes.
13    (f) Offense based on use of a weapon or device. A person
14commits aggravated battery when, in committing a battery, he or
15she does any of the following:
16        (1) Uses a deadly weapon other than by discharge of a
17    firearm, or uses an air rifle as defined in the Air Rifle
18    Act.
19        (2) Wears a hood, robe, or mask to conceal his or her
20    identity.
21        (3) Knowingly and without lawful justification shines
22    or flashes a laser gunsight or other laser device attached
23    to a firearm, or used in concert with a firearm, so that
24    the laser beam strikes upon or against the person of
25    another.
26        (4) Knowingly video or audio records the offense with

 

 

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1    the intent to disseminate the recording.
2    (g) Offense based on certain conduct. A person commits
3aggravated battery when, other than by discharge of a firearm,
4he or she does any of the following:
5        (1) Violates Section 401 of the Illinois Controlled
6    Substances Act by unlawfully delivering a controlled
7    substance to another and any user experiences great bodily
8    harm or permanent disability as a result of the injection,
9    inhalation, or ingestion of any amount of the controlled
10    substance.
11        (2) Knowingly administers to an individual or causes
12    him or her to take, without his or her consent or by threat
13    or deception, and for other than medical purposes, any
14    intoxicating, poisonous, stupefying, narcotic, anesthetic,
15    or controlled substance, or gives to another person any
16    food containing any substance or object intended to cause
17    physical injury if eaten.
18        (3) Knowingly causes or attempts to cause a
19    correctional institution employee or Department of Human
20    Services employee to come into contact with blood, seminal
21    fluid, urine, or feces by throwing, tossing, or expelling
22    the fluid or material, and the person is an inmate of a
23    penal institution or is a sexually dangerous person or
24    sexually violent person in the custody of the Department of
25    Human Services.
26    (h) Sentence. Unless otherwise provided, aggravated

 

 

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1battery is a Class 3 felony.
2    Aggravated battery as defined in subdivision (a)(4),
3(d)(4), or (g)(3) is a Class 2 felony.
4    Aggravated battery as defined in subdivision (a)(3) or
5(g)(1) is a Class 1 felony.
6    Aggravated battery as defined in subdivision (a)(1) is a
7Class 1 felony when the aggravated battery was intentional and
8involved the infliction of torture, as defined in paragraph
9(14) of subsection (b) of Section 9-1 of this Code, as the
10infliction of or subjection to extreme physical pain, motivated
11by an intent to increase or prolong the pain, suffering, or
12agony of the victim.
13    Aggravated battery under subdivision (a)(5) is a Class 1
14felony if:
15        (A) the person used or attempted to use a dangerous
16    instrument while committing the offense; or
17        (B) the person caused great bodily harm or permanent
18    disability or disfigurement to the other person while
19    committing the offense; or
20        (C) the person has been previously convicted of a
21    violation of subdivision (a)(5) under the laws of this
22    State or laws similar to subdivision (a)(5) of any other
23    state.
24    Aggravated battery as defined in subdivision (e)(1) is a
25Class X felony.
26    Aggravated battery as defined in subdivision (a)(2) is a

 

 

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1Class X felony for which a person shall be sentenced to a term
2of imprisonment of a minimum of 6 years and a maximum of 45
3years.
4    Aggravated battery as defined in subdivision (e)(5) is a
5Class X felony for which a person shall be sentenced to a term
6of imprisonment of a minimum of 12 years and a maximum of 45
7years.
8    Aggravated battery as defined in subdivision (e)(2),
9(e)(3), or (e)(4) is a Class X felony for which a person shall
10be sentenced to a term of imprisonment of a minimum of 15 years
11and a maximum of 60 years.
12    Aggravated battery as defined in subdivision (e)(6),
13(e)(7), or (e)(8) is a Class X felony for which a person shall
14be sentenced to a term of imprisonment of a minimum of 20 years
15and a maximum of 60 years.
16    Aggravated battery as defined in subdivision (b)(1) is a
17Class X felony, except that:
18        (1) if the person committed the offense while armed
19    with a firearm, 15 years shall be added to the term of
20    imprisonment imposed by the court;
21        (2) if, during the commission of the offense, the
22    person personally discharged a firearm, 20 years shall be
23    added to the term of imprisonment imposed by the court;
24        (3) if, during the commission of the offense, the
25    person personally discharged a firearm that proximately
26    caused great bodily harm, permanent disability, permanent

 

 

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1    disfigurement, or death to another person, 25 years or up
2    to a term of natural life shall be added to the term of
3    imprisonment imposed by the court.
4    (i) Definitions. For the purposes of this Section:
5    "Building or other structure used to provide shelter" has
6the meaning ascribed to "shelter" in Section 1 of the Domestic
7Violence Shelters Act.
8    "Domestic violence" has the meaning ascribed to it in
9Section 103 of the Illinois Domestic Violence Act of 1986.
10    "Domestic violence shelter" means any building or other
11structure used to provide shelter or other services to victims
12or to the dependent children of victims of domestic violence
13pursuant to the Illinois Domestic Violence Act of 1986 or the
14Domestic Violence Shelters Act, or any place within 500 feet of
15such a building or other structure in the case of a person who
16is going to or from such a building or other structure.
17    "Firearm" has the meaning provided under Section 1.1 of the
18Firearm Owners Identification Card Act, and does not include an
19air rifle as defined by Section 24.8-0.1 1 of this Code the Air
20Rifle Act.
21    "Machine gun" has the meaning ascribed to it in Section
2224-1 of this Code.
23    "Merchant" has the meaning ascribed to it in Section 16-0.1
24of this Code.
25    "Strangle" means intentionally impeding the normal
26breathing or circulation of the blood of an individual by

 

 

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1applying pressure on the throat or neck of that individual or
2by blocking the nose or mouth of that individual.
3(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
496-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
51-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
6and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
7    Section 10. The Unified Code of Corrections is amended by
8changing Section 5-5-3.2 as follows:
 
9    (730 ILCS 5/5-5-3.2)
10    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
11Sentencing.
12    (a) The following factors shall be accorded weight in favor
13of imposing a term of imprisonment or may be considered by the
14court as reasons to impose a more severe sentence under Section
155-8-1 or Article 4.5 of Chapter V:
16        (1) the defendant's conduct caused or threatened
17    serious harm;
18        (2) the defendant received compensation for committing
19    the offense;
20        (3) the defendant has a history of prior delinquency or
21    criminal activity;
22        (4) the defendant, by the duties of his office or by
23    his position, was obliged to prevent the particular offense
24    committed or to bring the offenders committing it to

 

 

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1    justice;
2        (5) the defendant held public office at the time of the
3    offense, and the offense related to the conduct of that
4    office;
5        (6) the defendant utilized his professional reputation
6    or position in the community to commit the offense, or to
7    afford him an easier means of committing it;
8        (7) the sentence is necessary to deter others from
9    committing the same crime;
10        (8) the defendant committed the offense against a
11    person 60 years of age or older or such person's property;
12        (9) the defendant committed the offense against a
13    person who is physically handicapped or such person's
14    property;
15        (10) by reason of another individual's actual or
16    perceived race, color, creed, religion, ancestry, gender,
17    sexual orientation, physical or mental disability, or
18    national origin, the defendant committed the offense
19    against (i) the person or property of that individual; (ii)
20    the person or property of a person who has an association
21    with, is married to, or has a friendship with the other
22    individual; or (iii) the person or property of a relative
23    (by blood or marriage) of a person described in clause (i)
24    or (ii). For the purposes of this Section, "sexual
25    orientation" means heterosexuality, homosexuality, or
26    bisexuality;

 

 

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1        (11) the offense took place in a place of worship or on
2    the grounds of a place of worship, immediately prior to,
3    during or immediately following worship services. For
4    purposes of this subparagraph, "place of worship" shall
5    mean any church, synagogue or other building, structure or
6    place used primarily for religious worship;
7        (12) the defendant was convicted of a felony committed
8    while he was released on bail or his own recognizance
9    pending trial for a prior felony and was convicted of such
10    prior felony, or the defendant was convicted of a felony
11    committed while he was serving a period of probation,
12    conditional discharge, or mandatory supervised release
13    under subsection (d) of Section 5-8-1 for a prior felony;
14        (13) the defendant committed or attempted to commit a
15    felony while he was wearing a bulletproof vest. For the
16    purposes of this paragraph (13), a bulletproof vest is any
17    device which is designed for the purpose of protecting the
18    wearer from bullets, shot or other lethal projectiles;
19        (14) the defendant held a position of trust or
20    supervision such as, but not limited to, family member as
21    defined in Section 11-0.1 of the Criminal Code of 2012,
22    teacher, scout leader, baby sitter, or day care worker, in
23    relation to a victim under 18 years of age, and the
24    defendant committed an offense in violation of Section
25    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
26    11-14.4 except for an offense that involves keeping a place

 

 

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1    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
2    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
3    or 12-16 of the Criminal Code of 1961 or the Criminal Code
4    of 2012 against that victim;
5        (15) the defendant committed an offense related to the
6    activities of an organized gang. For the purposes of this
7    factor, "organized gang" has the meaning ascribed to it in
8    Section 10 of the Streetgang Terrorism Omnibus Prevention
9    Act;
10        (16) the defendant committed an offense in violation of
11    one of the following Sections while in a school, regardless
12    of the time of day or time of year; on any conveyance
13    owned, leased, or contracted by a school to transport
14    students to or from school or a school related activity; on
15    the real property of a school; or on a public way within
16    1,000 feet of the real property comprising any school:
17    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
18    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
19    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
20    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
21    18-2, or 33A-2, or Section 12-3.05 except for subdivision
22    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
23    Criminal Code of 2012;
24        (16.5) the defendant committed an offense in violation
25    of one of the following Sections while in a day care
26    center, regardless of the time of day or time of year; on

 

 

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1    the real property of a day care center, regardless of the
2    time of day or time of year; or on a public way within
3    1,000 feet of the real property comprising any day care
4    center, regardless of the time of day or time of year:
5    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
6    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
7    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
8    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
9    18-2, or 33A-2, or Section 12-3.05 except for subdivision
10    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
11    Criminal Code of 2012;
12        (17) the defendant committed the offense by reason of
13    any person's activity as a community policing volunteer or
14    to prevent any person from engaging in activity as a
15    community policing volunteer. For the purpose of this
16    Section, "community policing volunteer" has the meaning
17    ascribed to it in Section 2-3.5 of the Criminal Code of
18    2012;
19        (18) the defendant committed the offense in a nursing
20    home or on the real property comprising a nursing home. For
21    the purposes of this paragraph (18), "nursing home" means a
22    skilled nursing or intermediate long term care facility
23    that is subject to license by the Illinois Department of
24    Public Health under the Nursing Home Care Act, the
25    Specialized Mental Health Rehabilitation Act, or the ID/DD
26    Community Care Act;

 

 

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1        (19) the defendant was a federally licensed firearm
2    dealer and was previously convicted of a violation of
3    subsection (a) of Section 3 of the Firearm Owners
4    Identification Card Act and has now committed either a
5    felony violation of the Firearm Owners Identification Card
6    Act or an act of armed violence while armed with a firearm;
7        (20) the defendant (i) committed the offense of
8    reckless homicide under Section 9-3 of the Criminal Code of
9    1961 or the Criminal Code of 2012 or the offense of driving
10    under the influence of alcohol, other drug or drugs,
11    intoxicating compound or compounds or any combination
12    thereof under Section 11-501 of the Illinois Vehicle Code
13    or a similar provision of a local ordinance and (ii) was
14    operating a motor vehicle in excess of 20 miles per hour
15    over the posted speed limit as provided in Article VI of
16    Chapter 11 of the Illinois Vehicle Code;
17        (21) the defendant (i) committed the offense of
18    reckless driving or aggravated reckless driving under
19    Section 11-503 of the Illinois Vehicle Code and (ii) was
20    operating a motor vehicle in excess of 20 miles per hour
21    over the posted speed limit as provided in Article VI of
22    Chapter 11 of the Illinois Vehicle Code;
23        (22) the defendant committed the offense against a
24    person that the defendant knew, or reasonably should have
25    known, was a member of the Armed Forces of the United
26    States serving on active duty. For purposes of this clause

 

 

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1    (22), the term "Armed Forces" means any of the Armed Forces
2    of the United States, including a member of any reserve
3    component thereof or National Guard unit called to active
4    duty;
5        (23) the defendant committed the offense against a
6    person who was elderly, disabled, or infirm by taking
7    advantage of a family or fiduciary relationship with the
8    elderly, disabled, or infirm person;
9        (24) the defendant committed any offense under Section
10    11-20.1 of the Criminal Code of 1961 or the Criminal Code
11    of 2012 and possessed 100 or more images;
12        (25) the defendant committed the offense while the
13    defendant or the victim was in a train, bus, or other
14    vehicle used for public transportation;
15        (26) the defendant committed the offense of child
16    pornography or aggravated child pornography, specifically
17    including paragraph (1), (2), (3), (4), (5), or (7) of
18    subsection (a) of Section 11-20.1 of the Criminal Code of
19    1961 or the Criminal Code of 2012 where a child engaged in,
20    solicited for, depicted in, or posed in any act of sexual
21    penetration or bound, fettered, or subject to sadistic,
22    masochistic, or sadomasochistic abuse in a sexual context
23    and specifically including paragraph (1), (2), (3), (4),
24    (5), or (7) of subsection (a) of Section 11-20.1B or
25    Section 11-20.3 of the Criminal Code of 1961 where a child
26    engaged in, solicited for, depicted in, or posed in any act

 

 

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1    of sexual penetration or bound, fettered, or subject to
2    sadistic, masochistic, or sadomasochistic abuse in a
3    sexual context;
4        (27) the defendant committed the offense of first
5    degree murder, assault, aggravated assault, battery,
6    aggravated battery, robbery, armed robbery, or aggravated
7    robbery against a person who was a veteran and the
8    defendant knew, or reasonably should have known, that the
9    person was a veteran performing duties as a representative
10    of a veterans' organization. For the purposes of this
11    paragraph (27), "veteran" means an Illinois resident who
12    has served as a member of the United States Armed Forces, a
13    member of the Illinois National Guard, or a member of the
14    United States Reserve Forces; and "veterans' organization"
15    means an organization comprised of members of which
16    substantially all are individuals who are veterans or
17    spouses, widows, or widowers of veterans, the primary
18    purpose of which is to promote the welfare of its members
19    and to provide assistance to the general public in such a
20    way as to confer a public benefit; or
21        (28) the defendant committed the offense of assault,
22    aggravated assault, battery, aggravated battery, robbery,
23    armed robbery, or aggravated robbery against a person that
24    the defendant knew or reasonably should have known was a
25    letter carrier or postal worker while that person was
26    performing his or her duties delivering mail for the United

 

 

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1    States Postal Service.
2    For the purposes of this Section:
3    "School" is defined as a public or private elementary or
4secondary school, community college, college, or university.
5    "Day care center" means a public or private State certified
6and licensed day care center as defined in Section 2.09 of the
7Child Care Act of 1969 that displays a sign in plain view
8stating that the property is a day care center.
9    "Public transportation" means the transportation or
10conveyance of persons by means available to the general public,
11and includes paratransit services.
12    (b) The following factors, related to all felonies, may be
13considered by the court as reasons to impose an extended term
14sentence under Section 5-8-2 upon any offender:
15        (1) When a defendant is convicted of any felony, after
16    having been previously convicted in Illinois or any other
17    jurisdiction of the same or similar class felony or greater
18    class felony, when such conviction has occurred within 10
19    years after the previous conviction, excluding time spent
20    in custody, and such charges are separately brought and
21    tried and arise out of different series of acts; or
22        (2) When a defendant is convicted of any felony and the
23    court finds that the offense was accompanied by
24    exceptionally brutal or heinous behavior indicative of
25    wanton cruelty; or
26        (3) When a defendant is convicted of any felony

 

 

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1    committed against:
2            (i) a person under 12 years of age at the time of
3        the offense or such person's property;
4            (ii) a person 60 years of age or older at the time
5        of the offense or such person's property; or
6            (iii) a person physically handicapped at the time
7        of the offense or such person's property; or
8        (4) When a defendant is convicted of any felony and the
9    offense involved any of the following types of specific
10    misconduct committed as part of a ceremony, rite,
11    initiation, observance, performance, practice or activity
12    of any actual or ostensible religious, fraternal, or social
13    group:
14            (i) the brutalizing or torturing of humans or
15        animals;
16            (ii) the theft of human corpses;
17            (iii) the kidnapping of humans;
18            (iv) the desecration of any cemetery, religious,
19        fraternal, business, governmental, educational, or
20        other building or property; or
21            (v) ritualized abuse of a child; or
22        (5) When a defendant is convicted of a felony other
23    than conspiracy and the court finds that the felony was
24    committed under an agreement with 2 or more other persons
25    to commit that offense and the defendant, with respect to
26    the other individuals, occupied a position of organizer,

 

 

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1    supervisor, financier, or any other position of management
2    or leadership, and the court further finds that the felony
3    committed was related to or in furtherance of the criminal
4    activities of an organized gang or was motivated by the
5    defendant's leadership in an organized gang; or
6        (6) When a defendant is convicted of an offense
7    committed while using a firearm with a laser sight attached
8    to it. For purposes of this paragraph, "laser sight" has
9    the meaning ascribed to it in Section 26-7 of the Criminal
10    Code of 2012; or
11        (7) When a defendant who was at least 17 years of age
12    at the time of the commission of the offense is convicted
13    of a felony and has been previously adjudicated a
14    delinquent minor under the Juvenile Court Act of 1987 for
15    an act that if committed by an adult would be a Class X or
16    Class 1 felony when the conviction has occurred within 10
17    years after the previous adjudication, excluding time
18    spent in custody; or
19        (8) When a defendant commits any felony and the
20    defendant used, possessed, exercised control over, or
21    otherwise directed an animal to assault a law enforcement
22    officer engaged in the execution of his or her official
23    duties or in furtherance of the criminal activities of an
24    organized gang in which the defendant is engaged; or .
25        (9) When a defendant commits any felony and the
26    defendant knowingly video or audio records the offense with

 

 

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1    the intent to disseminate the recording.
2    (c) The following factors may be considered by the court as
3reasons to impose an extended term sentence under Section 5-8-2
4(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
5        (1) When a defendant is convicted of first degree
6    murder, after having been previously convicted in Illinois
7    of any offense listed under paragraph (c)(2) of Section
8    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
9    within 10 years after the previous conviction, excluding
10    time spent in custody, and the charges are separately
11    brought and tried and arise out of different series of
12    acts.
13        (1.5) When a defendant is convicted of first degree
14    murder, after having been previously convicted of domestic
15    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
16    (720 ILCS 5/12-3.3) committed on the same victim or after
17    having been previously convicted of violation of an order
18    of protection (720 ILCS 5/12-30) in which the same victim
19    was the protected person.
20        (2) When a defendant is convicted of voluntary
21    manslaughter, second degree murder, involuntary
22    manslaughter, or reckless homicide in which the defendant
23    has been convicted of causing the death of more than one
24    individual.
25        (3) When a defendant is convicted of aggravated
26    criminal sexual assault or criminal sexual assault, when

 

 

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1    there is a finding that aggravated criminal sexual assault
2    or criminal sexual assault was also committed on the same
3    victim by one or more other individuals, and the defendant
4    voluntarily participated in the crime with the knowledge of
5    the participation of the others in the crime, and the
6    commission of the crime was part of a single course of
7    conduct during which there was no substantial change in the
8    nature of the criminal objective.
9        (4) If the victim was under 18 years of age at the time
10    of the commission of the offense, when a defendant is
11    convicted of aggravated criminal sexual assault or
12    predatory criminal sexual assault of a child under
13    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
14    of Section 12-14.1 of the Criminal Code of 1961 or the
15    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
16        (5) When a defendant is convicted of a felony violation
17    of Section 24-1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
19    finding that the defendant is a member of an organized
20    gang.
21        (6) When a defendant was convicted of unlawful use of
22    weapons under Section 24-1 of the Criminal Code of 1961 or
23    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
24    a weapon that is not readily distinguishable as one of the
25    weapons enumerated in Section 24-1 of the Criminal Code of
26    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

 

 

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1        (7) When a defendant is convicted of an offense
2    involving the illegal manufacture of a controlled
3    substance under Section 401 of the Illinois Controlled
4    Substances Act (720 ILCS 570/401), the illegal manufacture
5    of methamphetamine under Section 25 of the Methamphetamine
6    Control and Community Protection Act (720 ILCS 646/25), or
7    the illegal possession of explosives and an emergency
8    response officer in the performance of his or her duties is
9    killed or injured at the scene of the offense while
10    responding to the emergency caused by the commission of the
11    offense. In this paragraph, "emergency" means a situation
12    in which a person's life, health, or safety is in jeopardy;
13    and "emergency response officer" means a peace officer,
14    community policing volunteer, fireman, emergency medical
15    technician-ambulance, emergency medical
16    technician-intermediate, emergency medical
17    technician-paramedic, ambulance driver, other medical
18    assistance or first aid personnel, or hospital emergency
19    room personnel.
20    (d) For the purposes of this Section, "organized gang" has
21the meaning ascribed to it in Section 10 of the Illinois
22Streetgang Terrorism Omnibus Prevention Act.
23    (e) The court may impose an extended term sentence under
24Article 4.5 of Chapter V upon an offender who has been
25convicted of a felony violation of Section 11-1.20, 11-1.30,
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

 

 

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112-16 of the Criminal Code of 1961 or the Criminal Code of 2012
2when the victim of the offense is under 18 years of age at the
3time of the commission of the offense and, during the
4commission of the offense, the victim was under the influence
5of alcohol, regardless of whether or not the alcohol was
6supplied by the offender; and the offender, at the time of the
7commission of the offense, knew or should have known that the
8victim had consumed alcohol.
9(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
10eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
1196-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
121-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
13Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
1497-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
1597-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
161-25-13.)