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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 12-4.2 and 24-1 as follows: | ||||||||||||||||||||||||||||
6 | (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) | ||||||||||||||||||||||||||||
7 | Sec. 12-4.2. Aggravated Battery with a firearm.
| ||||||||||||||||||||||||||||
8 | (a) A person commits aggravated battery with a firearm when | ||||||||||||||||||||||||||||
9 | he, in
committing a battery, knowingly or intentionally by | ||||||||||||||||||||||||||||
10 | means of the discharging of
a firearm (1) causes any injury to | ||||||||||||||||||||||||||||
11 | another person, or (2) causes any
injury to a person he knows | ||||||||||||||||||||||||||||
12 | to be a peace officer, a private security officer, a community | ||||||||||||||||||||||||||||
13 | policing
volunteer, a correctional institution employee or a | ||||||||||||||||||||||||||||
14 | fireman while the
officer, volunteer, employee or fireman is | ||||||||||||||||||||||||||||
15 | engaged in the execution of any
of his
official duties, or to | ||||||||||||||||||||||||||||
16 | prevent the officer, volunteer, employee or fireman
from
| ||||||||||||||||||||||||||||
17 | performing his official duties, or in retaliation for the | ||||||||||||||||||||||||||||
18 | officer,
volunteer, employee or fireman performing his | ||||||||||||||||||||||||||||
19 | official duties, or (3)
causes any
injury to a person he knows | ||||||||||||||||||||||||||||
20 | to be an emergency medical technician - ambulance,
emergency | ||||||||||||||||||||||||||||
21 | medical technician - intermediate, emergency medical | ||||||||||||||||||||||||||||
22 | technician -
paramedic, ambulance driver, or other medical | ||||||||||||||||||||||||||||
23 | assistance or first aid
personnel, employed by a municipality |
| |||||||
| |||||||
1 | or other governmental unit, while the
emergency medical | ||||||
2 | technician - ambulance, emergency medical technician -
| ||||||
3 | intermediate, emergency medical technician - paramedic, | ||||||
4 | ambulance driver, or
other medical assistance or first aid | ||||||
5 | personnel is engaged in the execution of
any of his official | ||||||
6 | duties, or to prevent the emergency medical technician -
| ||||||
7 | ambulance, emergency medical technician - intermediate, | ||||||
8 | emergency medical
technician - paramedic, ambulance driver, or | ||||||
9 | other medical assistance or first
aid personnel from performing | ||||||
10 | his official duties, or in retaliation for the
emergency | ||||||
11 | medical technician - ambulance, emergency medical technician -
| ||||||
12 | intermediate, emergency medical technician - paramedic, | ||||||
13 | ambulance driver, or
other medical assistance or first aid | ||||||
14 | personnel performing his official
duties, (4) causes any injury | ||||||
15 | to a person he or she knows to be a
teacher
or other person | ||||||
16 | employed in a school or a student in a school and the teacher | ||||||
17 | or other employee or student is upon
grounds of a school or | ||||||
18 | grounds adjacent to a school, or is in any part of a
building | ||||||
19 | used for school purposes, or (5) causes any injury to a person | ||||||
20 | he or
she knows to be an emergency
management worker while the | ||||||
21 | emergency management worker is engaged in the
execution of any | ||||||
22 | of his or her official duties, or to prevent the emergency
| ||||||
23 | management worker from performing his or her official
duties, | ||||||
24 | or in retaliation for the emergency management worker | ||||||
25 | performing his or
her official duties.
| ||||||
26 | (b) A violation of subsection (a)(1) of this Section is a |
| |||||||
| |||||||
1 | Class X felony.
A violation of subsection (a)(2), subsection | ||||||
2 | (a)(3),
subsection (a)(4), or subsection (a)(5) of this Section | ||||||
3 | is a
Class X felony for which the sentence shall be a term of | ||||||
4 | imprisonment of no
less than 15 years and no more than 60 | ||||||
5 | years.
| ||||||
6 | (c) For purposes of this Section: | ||||||
7 | "Firearm" is defined as in the Firearm Owners | ||||||
8 | Identification Card Act.
| ||||||
9 | "Private security officer" means a registered employee | ||||||
10 | of a private security contractor agency under the Private | ||||||
11 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
12 | Vendor, and Locksmith Act of 2004.
| ||||||
13 | (Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08; revised | ||||||
14 | 1-22-08.)
| ||||||
15 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
16 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
17 | (a) A person commits the offense of unlawful use of weapons | ||||||
18 | when
he knowingly:
| ||||||
19 | (1) Sells, manufactures, purchases, possesses or | ||||||
20 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
21 | sand-bag, metal knuckles or other knuckle weapon | ||||||
22 | regardless of its composition, throwing star,
or any knife, | ||||||
23 | commonly referred to as a switchblade knife, which has a
| ||||||
24 | blade that opens automatically by hand pressure applied to | ||||||
25 | a button,
spring or other device in the handle of the |
| |||||||
| |||||||
1 | knife, or a ballistic knife,
which is a device that propels | ||||||
2 | a knifelike blade as a projectile by means
of a coil | ||||||
3 | spring, elastic material or compressed gas; or
| ||||||
4 | (2) Carries or possesses with intent to use the same | ||||||
5 | unlawfully
against another, a dagger, dirk, billy, | ||||||
6 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
7 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
8 | deadly weapon or instrument of like character; or
| ||||||
9 | (3) Carries on or about his person or in any vehicle, a | ||||||
10 | tear gas gun
projector or bomb or any object containing | ||||||
11 | noxious liquid gas or
substance, other than an object | ||||||
12 | containing a non-lethal noxious liquid gas
or substance | ||||||
13 | designed solely for personal defense carried by a person 18
| ||||||
14 | years of age or older; or
| ||||||
15 | (4) Carries or possesses in any vehicle or concealed on | ||||||
16 | or about his
person except when on his land or in his own | ||||||
17 | abode or fixed place of
business any pistol, revolver, stun | ||||||
18 | gun or taser or other firearm, except
that
this subsection | ||||||
19 | (a) (4) does not apply to or affect transportation of | ||||||
20 | weapons
that meet one of the following conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
| ||||||
22 | (ii) are not immediately accessible; or
| ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or
|
| |||||||
| |||||||
1 | (5) Sets a spring gun; or
| ||||||
2 | (6) Possesses any device or attachment of any kind | ||||||
3 | designed, used or
intended for use in silencing the report | ||||||
4 | of any firearm; or
| ||||||
5 | (7) Sells, manufactures, purchases, possesses or | ||||||
6 | carries:
| ||||||
7 | (i) a machine gun, which shall be defined for the | ||||||
8 | purposes of this
subsection as any weapon,
which | ||||||
9 | shoots, is designed to shoot, or can be readily | ||||||
10 | restored to shoot,
automatically more than one shot | ||||||
11 | without manually reloading by a single
function of the | ||||||
12 | trigger, including the frame or receiver
of any such | ||||||
13 | weapon, or sells, manufactures, purchases, possesses, | ||||||
14 | or
carries any combination of parts designed or | ||||||
15 | intended for
use in converting any weapon into a | ||||||
16 | machine gun, or any combination or
parts from which a | ||||||
17 | machine gun can be assembled if such parts are in the
| ||||||
18 | possession or under the control of a person;
| ||||||
19 | (ii) any rifle having one or
more barrels less than | ||||||
20 | 16 inches in length or a shotgun having one or more
| ||||||
21 | barrels less than 18 inches in length or any weapon | ||||||
22 | made from a rifle or
shotgun, whether by alteration, | ||||||
23 | modification, or otherwise, if such a weapon
as | ||||||
24 | modified has an overall length of less than 26 inches; | ||||||
25 | or
| ||||||
26 | (iii) any
bomb, bomb-shell, grenade, bottle or |
| |||||||
| |||||||
1 | other container containing an
explosive substance of | ||||||
2 | over one-quarter ounce for like purposes, such
as, but | ||||||
3 | not limited to, black powder bombs and Molotov | ||||||
4 | cocktails or
artillery projectiles; or
| ||||||
5 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
6 | or other
deadly weapon in any place which is licensed to | ||||||
7 | sell intoxicating
beverages, or at any public gathering | ||||||
8 | held pursuant to a license issued
by any governmental body | ||||||
9 | or any public gathering at which an admission
is charged, | ||||||
10 | excluding a place where a showing, demonstration or lecture
| ||||||
11 | involving the exhibition of unloaded firearms is | ||||||
12 | conducted.
| ||||||
13 | This subsection (a)(8) does not apply to any auction or | ||||||
14 | raffle of a firearm
held pursuant to
a license or permit | ||||||
15 | issued by a governmental body, nor does it apply to persons
| ||||||
16 | engaged
in firearm safety training courses; or
| ||||||
17 | (9) Carries or possesses in a vehicle or on or about | ||||||
18 | his person any
pistol, revolver, stun gun or taser or | ||||||
19 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
20 | masked in such manner as to conceal his identity; or
| ||||||
21 | (10) Carries or possesses on or about his person, upon | ||||||
22 | any public street,
alley, or other public lands within the | ||||||
23 | corporate limits of a city, village
or incorporated town, | ||||||
24 | except when an invitee thereon or therein, for the
purpose | ||||||
25 | of the display of such weapon or the lawful commerce in | ||||||
26 | weapons, or
except when on his land or in his own abode or |
| |||||||
| |||||||
1 | fixed place of business, any
pistol, revolver, stun gun or | ||||||
2 | taser or other firearm, except that this
subsection (a) | ||||||
3 | (10) does not apply to or affect transportation of weapons | ||||||
4 | that
meet one of the following conditions:
| ||||||
5 | (i) are broken down in a non-functioning state; or
| ||||||
6 | (ii) are not immediately accessible; or
| ||||||
7 | (iii) are unloaded and enclosed in a case, firearm | ||||||
8 | carrying box,
shipping box, or other container by a | ||||||
9 | person who has been issued a currently
valid Firearm | ||||||
10 | Owner's
Identification Card.
| ||||||
11 | A "stun gun or taser", as used in this paragraph (a) | ||||||
12 | means (i) any device
which is powered by electrical | ||||||
13 | charging units, such as, batteries, and
which fires one or | ||||||
14 | several barbs attached to a length of wire and
which, upon | ||||||
15 | hitting a human, can send out a current capable of | ||||||
16 | disrupting
the person's nervous system in such a manner as | ||||||
17 | to render him incapable of
normal functioning or (ii) any | ||||||
18 | device which is powered by electrical
charging units, such | ||||||
19 | as batteries, and which, upon contact with a human or
| ||||||
20 | clothing worn by a human, can send out current capable of | ||||||
21 | disrupting
the person's nervous system in such a manner as | ||||||
22 | to render him incapable
of normal functioning; or
| ||||||
23 | (11) Sells, manufactures or purchases any explosive | ||||||
24 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
25 | bullet" means the projectile portion of
an ammunition | ||||||
26 | cartridge which contains or carries an explosive charge |
| |||||||
| |||||||
1 | which
will explode upon contact with the flesh of a human | ||||||
2 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
3 | a projectile affixed at the
front thereof and a cap or | ||||||
4 | primer at the rear end thereof, with the
propellant | ||||||
5 | contained in such tube between the projectile and the cap; | ||||||
6 | or
| ||||||
7 | (12) (Blank); or
| ||||||
8 | (13) Carries or possesses on or about his or her person | ||||||
9 | while in a building occupied by a unit of government, a | ||||||
10 | billy club, other weapon of like character, or other | ||||||
11 | instrument of like character intended for use as a weapon. | ||||||
12 | For the purposes of this Section, "billy club" means a | ||||||
13 | short stick or club commonly carried by police officers | ||||||
14 | which is either telescopic or constructed of a solid piece | ||||||
15 | of wood or other man-made material. | ||||||
16 | (b) Sentence. A person convicted of a violation of | ||||||
17 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
18 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
19 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
20 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
21 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
22 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
23 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
24 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
25 | of not less than 3 years and not more than 7 years, unless the | ||||||
26 | weapon is possessed in the
passenger compartment of a motor |
| |||||||
| |||||||
1 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
2 | Code, or on the person, while the weapon is loaded, in which
| ||||||
3 | case it shall be a Class X felony. A person convicted of a
| ||||||
4 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
5 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
6 | felony. The possession of each weapon in violation of this | ||||||
7 | Section constitutes a single and separate violation.
| ||||||
8 | (c) Violations in specific places.
| ||||||
9 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
10 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
11 | the time of year, in residential
property owned, operated | ||||||
12 | or managed by a public housing agency or
leased by
a public | ||||||
13 | housing agency as part of a scattered site or mixed-income
| ||||||
14 | development, in a
public park, in a courthouse, on the real | ||||||
15 | property comprising any school,
regardless of the
time of | ||||||
16 | day or the time of year, on residential property owned, | ||||||
17 | operated
or
managed by a public housing agency
or leased by | ||||||
18 | a public housing agency as part of a scattered site or
| ||||||
19 | mixed-income development,
on the real property comprising | ||||||
20 | any
public park, on the real property comprising any | ||||||
21 | courthouse, in any conveyance
owned, leased or contracted | ||||||
22 | by a school to
transport students to or from school or a | ||||||
23 | school related activity, in any conveyance
owned, leased, | ||||||
24 | or contracted by a public transportation agency, or on any
| ||||||
25 | public way within 1,000 feet of the real property | ||||||
26 | comprising any school,
public park, courthouse, public |
| |||||||
| |||||||
1 | transportation facility, or residential property owned, | ||||||
2 | operated, or managed
by a public housing agency
or leased | ||||||
3 | by a public housing agency as part of a scattered site or
| ||||||
4 | mixed-income development
commits a Class 2 felony and shall | ||||||
5 | be sentenced to a term of imprisonment of not less than 3 | ||||||
6 | years and not more than 7 years.
| ||||||
7 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
8 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
9 | time of day or the time of year,
in residential property | ||||||
10 | owned, operated, or managed by a public
housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public
park, in a | ||||||
13 | courthouse, on the real property comprising any school, | ||||||
14 | regardless
of the time of day or the time of year, on | ||||||
15 | residential property owned,
operated, or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
on | ||||||
18 | the real property
comprising any public park, on the real | ||||||
19 | property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased, or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, in | ||||||
22 | any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development
| ||||||
3 | commits a Class 3 felony.
| ||||||
4 | (2) A person who violates subsection 24-1(a)(1), | ||||||
5 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
6 | time of day or the time of year, in
residential property | ||||||
7 | owned, operated or managed by a public housing
agency
or | ||||||
8 | leased by a public housing agency as part of a scattered | ||||||
9 | site or
mixed-income development,
in
a public park, in a | ||||||
10 | courthouse, on the real property comprising any school,
| ||||||
11 | regardless of the time of day or the time of year, on | ||||||
12 | residential property
owned, operated or managed by a public | ||||||
13 | housing agency
or leased by a public housing agency as part | ||||||
14 | of a scattered site or
mixed-income development,
on the | ||||||
15 | real property
comprising any public park, on the real | ||||||
16 | property comprising any courthouse, in
any conveyance | ||||||
17 | owned, leased or contracted by a school to transport | ||||||
18 | students
to or from school or a school related activity, in | ||||||
19 | any conveyance
owned, leased, or contracted by a public | ||||||
20 | transportation agency, or on any public way within
1,000 | ||||||
21 | feet of the real property comprising any school, public | ||||||
22 | park, courthouse,
public transportation facility, or | ||||||
23 | residential property owned, operated, or managed by a | ||||||
24 | public
housing agency or leased by a public housing agency | ||||||
25 | as part of a scattered
site or mixed-income development | ||||||
26 | commits a Class 4 felony. "Courthouse"
means any building |
| |||||||
| |||||||
1 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
2 | this State for the conduct of official business.
| ||||||
3 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
4 | (c) shall not
apply to law
enforcement officers or security | ||||||
5 | officers of such school, college, or
university or to | ||||||
6 | students carrying or possessing firearms for use in | ||||||
7 | training
courses, parades, hunting, target shooting on | ||||||
8 | school ranges, or otherwise with
the consent of school | ||||||
9 | authorities and which firearms are transported unloaded
| ||||||
10 | enclosed in a suitable case, box, or transportation | ||||||
11 | package.
| ||||||
12 | (4) For the purposes of this subsection (c), "school" | ||||||
13 | means any public or
private elementary or secondary school, | ||||||
14 | community college, college, or
university.
| ||||||
15 | (5) For the purposes of this subsection (c), "public | ||||||
16 | transportation agency" means a public or private agency | ||||||
17 | that provides for the transportation or conveyance of
| ||||||
18 | persons by means available to the general public, except | ||||||
19 | for transportation
by automobiles not used for conveyance | ||||||
20 | of the general public as passengers; and "public | ||||||
21 | transportation facility" means a terminal or other place
| ||||||
22 | where one may obtain public transportation.
| ||||||
23 | (d) The presence in an automobile other than a public | ||||||
24 | omnibus of any
weapon, instrument or substance referred to in | ||||||
25 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
26 | possession of, and is being
carried by, all persons occupying |
| |||||||
| |||||||
1 | such automobile at the time such
weapon, instrument or | ||||||
2 | substance is found, except under the following
circumstances: | ||||||
3 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
4 | the person of one of the occupants therein; or (ii) if such
| ||||||
5 | weapon, instrument or substance is found in an automobile | ||||||
6 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
7 | and proper pursuit of
his trade, then such presumption shall | ||||||
8 | not apply to the driver.
| ||||||
9 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
10 | Underwater
Spearguns are exempted from the definition of | ||||||
11 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
12 | of this Section.
| ||||||
13 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||||||
14 | eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised | ||||||
15 | 9-5-08.)
| ||||||
16 | Section 10. The Unified Code of Corrections is amended by | ||||||
17 | changing Section 5-5-3.2 as follows:
| ||||||
18 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
19 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
20 | (a) The following factors shall be accorded weight in favor | ||||||
21 | of
imposing a term of imprisonment or may be considered by the | ||||||
22 | court as reasons
to impose a more severe sentence under Section | ||||||
23 | 5-8-1:
| ||||||
24 | (1) the defendant's conduct caused or threatened |
| |||||||
| |||||||
1 | serious harm;
| ||||||
2 | (2) the defendant received compensation for committing | ||||||
3 | the offense;
| ||||||
4 | (3) the defendant has a history of prior delinquency or | ||||||
5 | criminal activity;
| ||||||
6 | (4) the defendant, by the duties of his office or by | ||||||
7 | his position,
was obliged to prevent the particular offense | ||||||
8 | committed or to bring
the offenders committing it to | ||||||
9 | justice;
| ||||||
10 | (5) the defendant held public office at the time of the | ||||||
11 | offense,
and the offense related to the conduct of that | ||||||
12 | office;
| ||||||
13 | (6) the defendant utilized his professional reputation | ||||||
14 | or
position in the community to commit the offense, or to | ||||||
15 | afford
him an easier means of committing it;
| ||||||
16 | (7) the sentence is necessary to deter others from | ||||||
17 | committing
the same crime;
| ||||||
18 | (8) the defendant committed the offense against a | ||||||
19 | person 60 years of age
or older or such person's property;
| ||||||
20 | (9) the defendant committed the offense against a | ||||||
21 | person who is
physically handicapped or such person's | ||||||
22 | property;
| ||||||
23 | (10) by reason of another individual's actual or | ||||||
24 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
25 | sexual orientation, physical or mental
disability, or | ||||||
26 | national origin, the defendant committed the offense |
| |||||||
| |||||||
1 | against (i)
the person or property
of that individual; (ii) | ||||||
2 | the person or property of a person who has an
association | ||||||
3 | with, is married to, or has a friendship with the other | ||||||
4 | individual;
or (iii) the person or property of a relative | ||||||
5 | (by blood or marriage) of a
person described in clause (i) | ||||||
6 | or (ii). For the purposes of this Section,
"sexual | ||||||
7 | orientation" means heterosexuality, homosexuality, or | ||||||
8 | bisexuality;
| ||||||
9 | (11) the offense took place in a place of worship or on | ||||||
10 | the
grounds of a place of worship, immediately prior to, | ||||||
11 | during or immediately
following worship services. For | ||||||
12 | purposes of this subparagraph, "place of
worship" shall | ||||||
13 | mean any church, synagogue or other building, structure or
| ||||||
14 | place used primarily for religious worship;
| ||||||
15 | (12) the defendant was convicted of a felony committed | ||||||
16 | while he was
released on bail or his own recognizance | ||||||
17 | pending trial for a prior felony
and was convicted of such | ||||||
18 | prior felony, or the defendant was convicted of a
felony | ||||||
19 | committed while he was serving a period of probation,
| ||||||
20 | conditional discharge, or mandatory supervised release | ||||||
21 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
22 | (13) the defendant committed or attempted to commit a | ||||||
23 | felony while he
was wearing a bulletproof vest. For the | ||||||
24 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
25 | device which is designed for the purpose of
protecting the | ||||||
26 | wearer from bullets, shot or other lethal projectiles;
|
| |||||||
| |||||||
1 | (14) the defendant held a position of trust or | ||||||
2 | supervision such as, but
not limited to, family member as | ||||||
3 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
4 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
5 | relation to a victim under 18 years of age, and the | ||||||
6 | defendant committed an
offense in violation of Section | ||||||
7 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
8 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
9 | against
that victim;
| ||||||
10 | (15) the defendant committed an offense related to the | ||||||
11 | activities of an
organized gang. For the purposes of this | ||||||
12 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
13 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
14 | Act;
| ||||||
15 | (16) the defendant committed an offense in violation of | ||||||
16 | one of the
following Sections while in a school, regardless | ||||||
17 | of the time of day or time of
year; on any conveyance | ||||||
18 | owned, leased, or contracted by a school to transport
| ||||||
19 | students to or from school or a school related activity; on | ||||||
20 | the real property
of a school; or on a public way within | ||||||
21 | 1,000 feet of the real property
comprising any school: | ||||||
22 | Section 10-1, 10-2, 10-5, 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, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
25 | 33A-2 of the Criminal Code of
1961;
| ||||||
26 | (16.5) the defendant committed an offense in violation |
| |||||||
| |||||||
1 | of one of the
following Sections while in a day care | ||||||
2 | center, regardless of the time of day or
time of year; on | ||||||
3 | the real property of a day care center, regardless of the | ||||||
4 | time
of day or time of year; or on a public
way within | ||||||
5 | 1,000 feet of the real property comprising any day care | ||||||
6 | center,
regardless of the time of day or time of year:
| ||||||
7 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
8 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
9 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
10 | 33A-2 of the Criminal
Code of 1961;
| ||||||
11 | (17) the defendant committed the offense by reason of | ||||||
12 | any person's
activity as a community policing volunteer or | ||||||
13 | to prevent any person from
engaging in activity as a | ||||||
14 | community policing volunteer. For the purpose of
this | ||||||
15 | Section, "community policing volunteer" has the meaning | ||||||
16 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
17 | 1961;
| ||||||
18 | (18) the defendant committed the offense in a nursing | ||||||
19 | home or on the
real
property comprising a nursing home. For | ||||||
20 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
21 | skilled nursing
or intermediate long term care facility | ||||||
22 | that is subject to license by the
Illinois Department of | ||||||
23 | Public Health under the Nursing Home Care
Act;
| ||||||
24 | (19) the defendant was a federally licensed firearm | ||||||
25 | dealer
and
was
previously convicted of a violation of | ||||||
26 | subsection (a) of Section 3 of the
Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and has now committed either a | ||||||
2 | felony
violation
of the Firearm Owners Identification Card | ||||||
3 | Act or an act of armed violence while
armed
with a firearm; | ||||||
4 | (20) the defendant (i) committed the offense of | ||||||
5 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
6 | 1961 or the offense of driving under the influence of | ||||||
7 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
8 | compounds or any combination thereof under Section 11-501 | ||||||
9 | of the Illinois Vehicle Code or a similar provision of a | ||||||
10 | local ordinance and (ii) was operating a motor vehicle in | ||||||
11 | excess of 20 miles per hour over the posted speed limit as | ||||||
12 | provided in Article VI of Chapter 11 of the Illinois | ||||||
13 | Vehicle Code;
| ||||||
14 | (21) the defendant (i) committed the offense of | ||||||
15 | reckless driving or aggravated reckless driving under | ||||||
16 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
17 | operating a motor vehicle in excess of 20 miles per hour | ||||||
18 | over the posted speed limit as provided in Article VI of | ||||||
19 | Chapter 11 of the Illinois Vehicle Code; | ||||||
20 | (22) the defendant committed the offense against a | ||||||
21 | person that the defendant knew, or reasonably should have | ||||||
22 | known, was a member of the Armed Forces of the United | ||||||
23 | States serving on active duty. For purposes of this clause | ||||||
24 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
25 | of the United States, including a member of any reserve | ||||||
26 | component thereof or National Guard unit called to active |
| |||||||
| |||||||
1 | duty; or
| ||||||
2 | (23)
the defendant committed the offense against a | ||||||
3 | person who was elderly, disabled, or infirm by taking | ||||||
4 | advantage of a family or fiduciary relationship with the | ||||||
5 | elderly, disabled, or infirm person ; .
| ||||||
6 | (24)
(22) the defendant committed any offense under | ||||||
7 | Section 11-20.1 of the Criminal Code of 1961 and possessed | ||||||
8 | 100 or more images ; or .
| ||||||
9 | (25) the defendant committed the offense while the | ||||||
10 | defendant or the victim was in a train, bus, or other | ||||||
11 | vehicle used for public transportation. | ||||||
12 | For the purposes of this Section:
| ||||||
13 | "School" is defined as a public or private
elementary or | ||||||
14 | secondary school, community college, college, or university.
| ||||||
15 | "Day care center" means a public or private State certified | ||||||
16 | and
licensed day care center as defined in Section 2.09 of the | ||||||
17 | Child Care Act of
1969 that displays a sign in plain view | ||||||
18 | stating that the
property is a day care center.
| ||||||
19 | "Public transportation" means the transportation
or | ||||||
20 | conveyance of persons by means available to the general public, | ||||||
21 | and includes paratransit services. | ||||||
22 | (b) The following factors may be considered by the court as
| ||||||
23 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
24 | upon any offender:
| ||||||
25 | (1) When a defendant is convicted of any felony, after | ||||||
26 | having
been previously convicted in Illinois or any other |
| |||||||
| |||||||
1 | jurisdiction of the
same or similar class felony or greater | ||||||
2 | class felony, when such conviction
has occurred within 10 | ||||||
3 | years after the
previous conviction, excluding time spent | ||||||
4 | in custody, and such charges are
separately brought and | ||||||
5 | tried and arise out of different series of acts; or
| ||||||
6 | (2) When a defendant is convicted of any felony and the | ||||||
7 | court
finds that the offense was accompanied by | ||||||
8 | exceptionally brutal
or heinous behavior indicative of | ||||||
9 | wanton cruelty; or
| ||||||
10 | (3) 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; or
| ||||||
15 | (4) When a defendant is convicted of any felony | ||||||
16 | committed against:
| ||||||
17 | (i) a person under 12 years of age at the time of | ||||||
18 | the offense or such
person's property;
| ||||||
19 | (ii) a person 60 years of age or older at the time | ||||||
20 | of the offense or
such person's property; or
| ||||||
21 | (iii) a person physically handicapped at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (5) In the case of a defendant convicted of aggravated | ||||||
24 | criminal sexual
assault or criminal sexual assault, when | ||||||
25 | the court finds that
aggravated criminal sexual assault or | ||||||
26 | criminal sexual assault
was also committed on the same |
| |||||||
| |||||||
1 | victim by one or more other individuals,
and the defendant | ||||||
2 | voluntarily participated in the crime with the knowledge
of | ||||||
3 | the participation of the others in the crime, and the | ||||||
4 | commission of the
crime was part of a single course of | ||||||
5 | conduct during which there was no
substantial change in the | ||||||
6 | nature of the criminal objective; or
| ||||||
7 | (6) When a defendant is convicted of any felony and the | ||||||
8 | offense
involved any of the following types of specific | ||||||
9 | misconduct committed as
part of a ceremony, rite, | ||||||
10 | initiation, observance, performance, practice or
activity | ||||||
11 | of any actual or ostensible religious, fraternal, or social | ||||||
12 | group:
| ||||||
13 | (i) the brutalizing or torturing of humans or | ||||||
14 | animals;
| ||||||
15 | (ii) the theft of human corpses;
| ||||||
16 | (iii) the kidnapping of humans;
| ||||||
17 | (iv) the desecration of any cemetery, religious, | ||||||
18 | fraternal, business,
governmental, educational, or | ||||||
19 | other building or property; or
| ||||||
20 | (v) ritualized abuse of a child; or
| ||||||
21 | (7) 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, when such conviction has occurred within 10 years
| ||||||
25 | after the previous conviction, excluding time spent in | ||||||
26 | custody,
and such charges are separately brought and tried |
| |||||||
| |||||||
1 | and arise out of
different series of acts; or
| ||||||
2 | (8) When a defendant is convicted of a felony other | ||||||
3 | than conspiracy and
the court finds that
the felony was | ||||||
4 | committed under an agreement with 2 or more other persons
| ||||||
5 | to commit that offense and the defendant, with respect to | ||||||
6 | the other
individuals, occupied a position of organizer, | ||||||
7 | supervisor, financier, or any
other position of management | ||||||
8 | or leadership, and the court further finds that
the felony | ||||||
9 | committed was related to or in furtherance of the criminal
| ||||||
10 | activities of an organized gang or was motivated by the | ||||||
11 | defendant's leadership
in an organized gang; or
| ||||||
12 | (9) When a defendant is convicted of a felony violation | ||||||
13 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
14 | finds that the defendant is a member
of an organized gang; | ||||||
15 | or
| ||||||
16 | (10) When a defendant committed the offense using a | ||||||
17 | firearm with a
laser sight attached to it. For purposes of | ||||||
18 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
19 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
20 | (11) When a defendant who was at least 17 years of age | ||||||
21 | at the
time of
the commission of the offense is convicted | ||||||
22 | of a felony and has been previously
adjudicated a | ||||||
23 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
24 | an act
that if committed by an adult would be a Class X or | ||||||
25 | Class 1 felony when the
conviction has occurred within 10 | ||||||
26 | years after the previous adjudication,
excluding time |
| |||||||
| |||||||
1 | spent in custody; or
| ||||||
2 | (12) When a defendant commits an offense involving the | ||||||
3 | illegal
manufacture of a controlled substance under | ||||||
4 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
5 | illegal manufacture of methamphetamine under Section 25 of | ||||||
6 | the Methamphetamine Control and Community Protection Act, | ||||||
7 | or 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 (12),
"emergency" means a | ||||||
12 | situation in which a person's life, health, or safety is
in | ||||||
13 | jeopardy; and
"emergency response officer" means a peace | ||||||
14 | officer, community policing
volunteer, fireman, emergency | ||||||
15 | medical
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; or
| ||||||
20 | (13) When a defendant commits any felony and the | ||||||
21 | defendant used, possessed, exercised control over, or | ||||||
22 | otherwise directed an animal to assault a law enforcement | ||||||
23 | officer engaged in the execution of his or her official | ||||||
24 | duties or in furtherance of the criminal activities of an | ||||||
25 | organized gang in which the defendant is engaged.
| ||||||
26 | (b-1) For the purposes of this Section, "organized gang" |
| |||||||
| |||||||
1 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
2 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
3 | (c) The court may impose an extended term sentence under | ||||||
4 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
5 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
6 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
7 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
8 | age at the time of the commission
of the offense.
| ||||||
9 | (d) The court may impose an extended term sentence under | ||||||
10 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
11 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
12 | for possessing a weapon that is not readily
distinguishable as | ||||||
13 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
14 | Code of 1961.
| ||||||
15 | (e) The court may impose an extended term sentence under | ||||||
16 | Section 5-8-2
upon an offender who has been convicted of first | ||||||
17 | degree murder when the
offender has previously been convicted | ||||||
18 | of domestic battery or aggravated
domestic battery committed | ||||||
19 | against the murdered individual or has
previously been | ||||||
20 | convicted of violation of an order of protection in which the
| ||||||
21 | murdered individual was the protected person.
| ||||||
22 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
23 | eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, | ||||||
24 | eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, | ||||||
25 | eff. 1-1-09; revised 9-23-08.)
|