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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||
5 | Sections 12-13, 12-14, 12-14.1, and 12-16 as follows:
| ||||||||||||||||||||||||
6 | (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
| ||||||||||||||||||||||||
7 | Sec. 12-13. Criminal Sexual Assault.
| ||||||||||||||||||||||||
8 | (a) The accused commits criminal sexual assault if he or | ||||||||||||||||||||||||
9 | she:
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10 | (1) commits an act of sexual penetration by the use of | ||||||||||||||||||||||||
11 | force or threat of
force; or
| ||||||||||||||||||||||||
12 | (2) commits an act of sexual penetration and the | ||||||||||||||||||||||||
13 | accused knew that the
victim was unable to understand the | ||||||||||||||||||||||||
14 | nature of the act or was unable to give
knowing consent; or
| ||||||||||||||||||||||||
15 | (3) commits an act of sexual penetration with a victim | ||||||||||||||||||||||||
16 | who was under 18
years of age when the act was committed | ||||||||||||||||||||||||
17 | and the accused was a family
member; or
| ||||||||||||||||||||||||
18 | (4) commits an act of sexual penetration with a victim | ||||||||||||||||||||||||
19 | who was at
least 13 years of age but under 18 years of age | ||||||||||||||||||||||||
20 | when the act was committed
and the accused was 17 years of | ||||||||||||||||||||||||
21 | age or over and held a position of trust,
authority or | ||||||||||||||||||||||||
22 | supervision in relation to the victim.
| ||||||||||||||||||||||||
23 | (b) Sentence.
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| |||||||
1 | (1) Criminal sexual assault is a Class 1 felony.
| ||||||
2 | (2) A person who is convicted of the offense of | ||||||
3 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
4 | (a)(2) after having previously been convicted of
the | ||||||
5 | offense of criminal sexual assault or the offense of | ||||||
6 | exploitation of a child, or who is convicted of the offense | ||||||
7 | of
criminal sexual assault as defined in paragraph (a)(1) | ||||||
8 | or (a)(2) after having
previously been convicted under the | ||||||
9 | laws of this State or any other state of an
offense that is | ||||||
10 | substantially equivalent to the offense of criminal sexual
| ||||||
11 | assault or to the offense of exploitation of a child, | ||||||
12 | commits a Class X felony for which the person shall be | ||||||
13 | sentenced to a
term of imprisonment of not less than 30 | ||||||
14 | years and not more than 60 years. The
commission of the | ||||||
15 | second or subsequent offense is required to have been after
| ||||||
16 | the initial conviction for this paragraph (2) to apply.
| ||||||
17 | (3) A person who is convicted of the offense of | ||||||
18 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
19 | (a)(2) after having previously been convicted of
the | ||||||
20 | offense of aggravated criminal sexual assault or the | ||||||
21 | offense of predatory
criminal sexual assault of a child, or | ||||||
22 | who is convicted of the offense of
criminal sexual assault | ||||||
23 | as defined in paragraph (a)(1) or (a)(2) after having
| ||||||
24 | previously been convicted under the laws of this State or | ||||||
25 | any other state of an
offense that is substantially | ||||||
26 | equivalent to the offense of aggravated criminal
sexual |
| |||||||
| |||||||
1 | assault or the offense of criminal predatory sexual assault | ||||||
2 | shall be
sentenced to a term of natural life imprisonment. | ||||||
3 | The commission of the second
or subsequent offense is | ||||||
4 | required to have been after the initial conviction for
this | ||||||
5 | paragraph (3) to apply.
| ||||||
6 | (3.5) A person who is convicted of the offense of | ||||||
7 | criminal sexual assault as
defined in paragraph (a)(4) | ||||||
8 | commits a Class 1 felony for which 11 years shall be added | ||||||
9 | to the term of imprisonment imposed by the court.
| ||||||
10 | (4) A second or subsequent conviction for a violation | ||||||
11 | of paragraph
(a)(3) or (a)(4) or under any similar statute | ||||||
12 | of this State
or any other state for any offense involving | ||||||
13 | criminal sexual assault that is
substantially equivalent | ||||||
14 | to or more serious than the sexual assault prohibited
under | ||||||
15 | paragraph (a)(3) or (a)(4) is a Class X felony.
| ||||||
16 | (5) When a person has any such prior conviction, the | ||||||
17 | information or
indictment charging that person shall state | ||||||
18 | such prior conviction so as to give
notice of the State's | ||||||
19 | intention to treat the charge as a Class X felony. The
fact | ||||||
20 | of such prior conviction is not an element of the offense | ||||||
21 | and may not be
disclosed to the jury during trial unless | ||||||
22 | otherwise permitted by issues
properly raised during such | ||||||
23 | trial.
| ||||||
24 | (Source: P.A. 95-640, eff. 6-1-08 .)
| ||||||
25 | (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
|
| |||||||
| |||||||
1 | Sec. 12-14. Aggravated Criminal Sexual Assault.
| ||||||
2 | (a) The accused commits
aggravated criminal sexual assault | ||||||
3 | if he or she commits criminal sexual
assault and any of the | ||||||
4 | following aggravating circumstances existed during, or
for the | ||||||
5 | purposes of paragraph (7) of this subsection (a)
as part of the | ||||||
6 | same course of conduct as, the commission of the offense:
| ||||||
7 | (1) the accused displayed, threatened to use, or used a | ||||||
8 | dangerous
weapon, other than a firearm, or any object | ||||||
9 | fashioned or utilized in such a
manner as to lead the | ||||||
10 | victim under the circumstances reasonably to believe it
to | ||||||
11 | be a dangerous weapon; or
| ||||||
12 | (2) the accused caused bodily harm, except as provided | ||||||
13 | in subsection
(a)(10), to the victim; or
| ||||||
14 | (3) the accused acted in such a manner as to threaten | ||||||
15 | or endanger the
life of the victim or any other person; or
| ||||||
16 | (4) the criminal sexual assault was perpetrated during | ||||||
17 | the course of
the commission or attempted commission of any | ||||||
18 | other felony by the accused; or
| ||||||
19 | (5) the victim was 60 years of age or over when the | ||||||
20 | offense was committed;
or
| ||||||
21 | (6) the victim was a physically handicapped person; or
| ||||||
22 | (7) the accused delivered (by injection, inhalation, | ||||||
23 | ingestion, transfer
of possession, or any other means) to | ||||||
24 | the victim without his or her consent, or
by threat or | ||||||
25 | deception, and for other than medical purposes, any | ||||||
26 | controlled
substance; or
|
| |||||||
| |||||||
1 | (8) the accused was armed with a firearm; or
| ||||||
2 | (9) the accused personally discharged a firearm during | ||||||
3 | the commission of
the offense; or
| ||||||
4 | (10) the accused, during the commission of the offense, | ||||||
5 | personally
discharged a firearm that proximately caused | ||||||
6 | great bodily harm, permanent
disability, permanent | ||||||
7 | disfigurement, or death to another person.
| ||||||
8 | (b) The accused commits aggravated criminal sexual assault | ||||||
9 | if
the accused was under 17 years of age and (i) commits an act | ||||||
10 | of
sexual penetration with a victim who was under 9 years of | ||||||
11 | age when the act
was committed; or (ii) commits an act of | ||||||
12 | sexual penetration with a victim
who was at least 9 years of | ||||||
13 | age but under 13 years of age when the act was
committed and | ||||||
14 | the accused used force or threat of force to commit the act.
| ||||||
15 | (c) The accused commits aggravated criminal sexual assault | ||||||
16 | if he or
she commits an act of sexual penetration with a victim | ||||||
17 | who was a severely or
profoundly mentally retarded person at | ||||||
18 | the
time the act was committed.
| ||||||
19 | (d) Sentence.
| ||||||
20 | (1) Aggravated criminal sexual assault in violation of | ||||||
21 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
22 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
23 | felony.
Aggravated criminal sexual assault in violation of | ||||||
24 | subsection (b) is a Class X felony for which 11 years shall | ||||||
25 | be added to the term of imprisonment imposed by the court. | ||||||
26 | A violation of subsection (a)(1) is a Class X felony for |
| |||||||
| |||||||
1 | which 10 years shall
be added to the term of imprisonment | ||||||
2 | imposed by the court. A violation of
subsection (a)(8) is a | ||||||
3 | Class X felony for which 15 years shall be added to the
| ||||||
4 | term of imprisonment imposed by the court. A violation of
| ||||||
5 | subsection (a)(9) is a Class X felony for which 20 years | ||||||
6 | shall be added to the
term of imprisonment imposed by the | ||||||
7 | court. A violation of subsection (a)(10) is
a Class X | ||||||
8 | felony for which 25 years or up to a term of natural life
| ||||||
9 | imprisonment shall be added to
the term of imprisonment | ||||||
10 | imposed by the court.
| ||||||
11 | (2) A person who is convicted of a second or subsequent | ||||||
12 | offense of
aggravated criminal sexual assault, or who is | ||||||
13 | convicted of the offense of
aggravated
criminal sexual | ||||||
14 | assault after having previously been convicted of the | ||||||
15 | offense
of criminal sexual assault or the offense of | ||||||
16 | predatory criminal sexual assault
of a child, or who is | ||||||
17 | convicted of the offense of aggravated criminal sexual
| ||||||
18 | assault after having previously been convicted under the | ||||||
19 | laws of this or any
other state of an offense that is | ||||||
20 | substantially equivalent to the offense of
criminal sexual
| ||||||
21 | assault, the offense of aggravated criminal sexual assault | ||||||
22 | or the offense of
predatory criminal sexual assault of a | ||||||
23 | child, shall be sentenced to a term of
natural life | ||||||
24 | imprisonment.
The commission of the second or subsequent | ||||||
25 | offense is required to have been
after the initial | ||||||
26 | conviction for this paragraph (2) to apply.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | ||||||
2 | eff.
12-19-01; 92-721, eff. 1-1-03.)
| ||||||
3 | (720 ILCS 5/12-14.1)
| ||||||
4 | Sec. 12-14.1. Predatory criminal sexual assault of a child.
| ||||||
5 | (a) The accused commits predatory criminal sexual assault | ||||||
6 | of a
child if:
| ||||||
7 | (1) the accused was 17 years of age or over and commits | ||||||
8 | an act of sexual
penetration with a victim who was under 13 | ||||||
9 | years of age when the act was
committed; or
| ||||||
10 | (1.1) the accused was 17 years of age or over and, | ||||||
11 | while armed with a
firearm, commits an act of sexual | ||||||
12 | penetration with a victim who was under 13
years of age | ||||||
13 | when the act was committed; or
| ||||||
14 | (1.2) the accused was 17 years of age or over and | ||||||
15 | commits an act of sexual
penetration with a victim who was | ||||||
16 | under 13 years of age when the act was
committed and, | ||||||
17 | during the commission of the offense, the accused | ||||||
18 | personally
discharged a firearm; or
| ||||||
19 | (2) the accused was 17 years of age or over and commits | ||||||
20 | an act
of sexual
penetration with a victim who was under 13 | ||||||
21 | years of age when the act was
committed and the accused | ||||||
22 | caused great bodily harm to the victim that:
| ||||||
23 | (A) resulted in permanent disability; or
| ||||||
24 | (B) was life threatening; or
| ||||||
25 | (3) the accused was 17 years of age or over and commits |
| |||||||
| |||||||
1 | an act of
sexual penetration with a victim who was under 13 | ||||||
2 | years of age when the act was
committed and the accused | ||||||
3 | delivered (by injection, inhalation, ingestion,
transfer | ||||||
4 | of possession, or any other means) to the victim without | ||||||
5 | his or her
consent, or by threat or deception,
and for | ||||||
6 | other than medical
purposes, any
controlled substance ; or .
| ||||||
7 | (3.1) the accused was 17 years of age or over and | ||||||
8 | commits an act of sexual
penetration with a victim who was | ||||||
9 | under 13 years of age when the act was
committed and, | ||||||
10 | during the commission or attempted commission of the act, | ||||||
11 | the victim was under the influence of alcohol, regardless | ||||||
12 | of whether or not the alcohol was supplied by the accused. | ||||||
13 | (b) Sentence.
| ||||||
14 | (1) A person convicted of a violation of subsection | ||||||
15 | (a)(1)
commits a Class X felony, for which the person shall | ||||||
16 | be sentenced to a term of imprisonment of not less than 6 | ||||||
17 | years and not more than 60 years.
A person convicted of a | ||||||
18 | violation of subsection (a)(1.1) commits a Class X
felony | ||||||
19 | for which 15 years shall be added to the term of | ||||||
20 | imprisonment imposed by
the court. A person convicted of a | ||||||
21 | violation of subsection (a)(1.2) commits a
Class X felony | ||||||
22 | for which 20 years shall be added to the term of | ||||||
23 | imprisonment
imposed by the court. A person convicted of a | ||||||
24 | violation of subsection (a)(2)
commits a Class X felony for | ||||||
25 | which the person shall be sentenced to a term of
| ||||||
26 | imprisonment of not less than 60 50 years or up to a term |
| |||||||
| |||||||
1 | of natural life
imprisonment. A person convicted of a | ||||||
2 | violation of subsection (a)(3.1) commits a Class X felony | ||||||
3 | for which 11 years shall be added to the term of | ||||||
4 | imprisonment imposed by the court.
| ||||||
5 | (1.1) A person convicted of a violation of subsection | ||||||
6 | (a)(3) commits a
Class X felony for which the person
shall | ||||||
7 | be
sentenced to a
term of imprisonment of not less than 50 | ||||||
8 | years and not more than 60 years.
| ||||||
9 | (1.2) A person convicted of predatory criminal sexual | ||||||
10 | assault of a child
committed
against 2 or more persons | ||||||
11 | regardless of whether the offenses occurred as the
result | ||||||
12 | of the same act or of several related or unrelated acts | ||||||
13 | shall be
sentenced to a term of natural life imprisonment.
| ||||||
14 | (2) A person who is convicted of a second or subsequent | ||||||
15 | offense of
predatory criminal sexual assault of a child, or | ||||||
16 | who is convicted of the
offense of
predatory criminal | ||||||
17 | sexual assault of a child after having previously been
| ||||||
18 | convicted of the offense of criminal sexual assault or the | ||||||
19 | offense of
aggravated criminal sexual assault, or who is | ||||||
20 | convicted of the offense of
predatory criminal sexual | ||||||
21 | assault of a child after having previously been
convicted | ||||||
22 | under the laws of this State
or any other state of an | ||||||
23 | offense that is substantially equivalent to the
offense
of | ||||||
24 | predatory criminal sexual assault of a child, the offense | ||||||
25 | of aggravated
criminal sexual assault or the offense of | ||||||
26 | criminal sexual assault, shall be
sentenced to a term of |
| |||||||
| |||||||
1 | natural life imprisonment.
The commission of the second or | ||||||
2 | subsequent offense is required to have been
after the | ||||||
3 | initial conviction for this paragraph (2) to apply.
| ||||||
4 | (Source: P.A. 95-640, eff. 6-1-08 .)
| ||||||
5 | (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
| ||||||
6 | Sec. 12-16. Aggravated Criminal Sexual Abuse.
| ||||||
7 | (a) The accused commits aggravated criminal sexual abuse if | ||||||
8 | he or she
commits criminal sexual abuse as defined in | ||||||
9 | subsection (a) of Section 12-15
of this Code and any of the | ||||||
10 | following aggravating
circumstances existed during, or for the | ||||||
11 | purposes of paragraph (7) of this
subsection (a) as part of the | ||||||
12 | same course of conduct as, the commission of
the
offense:
| ||||||
13 | (1) the accused displayed, threatened to use or used a | ||||||
14 | dangerous weapon
or any object fashioned or utilized in | ||||||
15 | such a manner as to lead the victim
under the circumstances | ||||||
16 | reasonably to believe it to be a dangerous weapon; or
| ||||||
17 | (2) the accused caused bodily harm to the victim; or
| ||||||
18 | (3) the victim was 60 years of age or over when the | ||||||
19 | offense was committed;
or
| ||||||
20 | (4) the victim was a physically handicapped person; or
| ||||||
21 | (5) the accused acted in such a manner as to threaten | ||||||
22 | or endanger the
life of the victim or any other person; or
| ||||||
23 | (6) the criminal sexual abuse was perpetrated during | ||||||
24 | the course of the
commission or attempted commission of any | ||||||
25 | other felony by the accused; or
|
| |||||||
| |||||||
1 | (7) the accused delivered (by injection, inhalation, | ||||||
2 | ingestion, transfer
of possession, or any other means) to | ||||||
3 | the victim without his or her consent, or
by threat or | ||||||
4 | deception,
and for other than medical
purposes, any
| ||||||
5 | controlled substance.
| ||||||
6 | (b) The accused commits aggravated criminal sexual abuse if | ||||||
7 | he or she
commits an act of sexual conduct with a victim who | ||||||
8 | was under 18
years of age when the act was committed
and the | ||||||
9 | accused was a family member.
| ||||||
10 | (c) The accused commits aggravated criminal sexual abuse | ||||||
11 | if:
| ||||||
12 | (1) the accused was 17 years of age or over and (i) | ||||||
13 | commits an act of
sexual
conduct with a victim who was | ||||||
14 | under 13 years of age when the
act was committed; or
(ii) | ||||||
15 | commits an act of sexual conduct with a victim who was at | ||||||
16 | least 13
years of age but under 17 years of age when the | ||||||
17 | act was committed and the
accused used force or threat of | ||||||
18 | force to commit the act; or
| ||||||
19 | (2) the accused was under 17 years of age and (i) | ||||||
20 | commits an act of
sexual conduct with a victim who was | ||||||
21 | under 9 years of age when the act was
committed; or (ii) | ||||||
22 | commits an act of sexual conduct with a victim who was
at | ||||||
23 | least 9 years of age but under 17 years of age when the act | ||||||
24 | was
committed and the accused used force or threat of force | ||||||
25 | to commit the act.
| ||||||
26 | (d) The accused commits aggravated criminal sexual abuse if |
| |||||||
| |||||||
1 | he or she
commits an act of sexual penetration or sexual | ||||||
2 | conduct with a victim
who was at least 13
years of age but | ||||||
3 | under 17 years of age and the accused was at least 5 years
| ||||||
4 | older than the victim.
| ||||||
5 | (e) The accused commits aggravated criminal sexual abuse if | ||||||
6 | he or she
commits an act of sexual conduct with a victim who | ||||||
7 | was a
severely or profoundly mentally retarded person at the | ||||||
8 | time the act was
committed.
| ||||||
9 | (f) The accused commits aggravated criminal sexual abuse if
| ||||||
10 | he or she commits an act of sexual conduct with a victim who | ||||||
11 | was at least
13 years of age but under 18 years of age when the | ||||||
12 | act was committed and
the accused was 17 years of age or over | ||||||
13 | and held a position of trust,
authority or supervision in | ||||||
14 | relation to the victim.
| ||||||
15 | (g) Sentence. Aggravated criminal sexual abuse under | ||||||
16 | subsection (a) or (e) is a Class 2 felony. Aggravated criminal | ||||||
17 | sexual abuse under subsection (b), (c), (d), or (f) is a Class | ||||||
18 | 2 felony for which 11 years shall be added to the term of | ||||||
19 | imprisonment imposed by the court.
| ||||||
20 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
21 | Section 10. The Rights of Crime Victims and Witnesses Act | ||||||
22 | is amended by changing Section 4.5 as follows:
| ||||||
23 | (725 ILCS 120/4.5)
| ||||||
24 | Sec. 4.5. Procedures to implement the rights of crime |
| |||||||
| |||||||
1 | victims. To afford
crime victims their rights, law enforcement, | ||||||
2 | prosecutors, judges and
corrections will provide information, | ||||||
3 | as appropriate of the following
procedures:
| ||||||
4 | (a) At the request of the crime victim, law enforcement | ||||||
5 | authorities
investigating the case shall provide notice of the | ||||||
6 | status of the investigation,
except where the State's Attorney | ||||||
7 | determines that disclosure of such
information would | ||||||
8 | unreasonably interfere with the investigation, until such
time | ||||||
9 | as the alleged assailant is apprehended or the investigation is | ||||||
10 | closed.
| ||||||
11 | (b) The office of the State's Attorney:
| ||||||
12 | (1) shall provide notice of the filing of information, | ||||||
13 | the return of an
indictment by which a prosecution for any | ||||||
14 | violent crime is commenced, or the
filing of a petition to | ||||||
15 | adjudicate a minor as a delinquent for a violent
crime;
| ||||||
16 | (2) shall provide notice of the date, time, and place | ||||||
17 | of trial;
| ||||||
18 | (3) or victim advocate personnel shall provide | ||||||
19 | information of social
services and financial assistance | ||||||
20 | available for victims of crime, including
information of | ||||||
21 | how to apply for these services and assistance;
| ||||||
22 | (4) shall assist in having any stolen or other personal | ||||||
23 | property held by
law enforcement authorities for | ||||||
24 | evidentiary or other purposes returned as
expeditiously as | ||||||
25 | possible, pursuant to the procedures set out in Section | ||||||
26 | 115-9
of the Code of Criminal Procedure of 1963;
|
| |||||||
| |||||||
1 | (5) or victim advocate personnel shall provide | ||||||
2 | appropriate employer
intercession services to ensure that | ||||||
3 | employers of victims will cooperate with
the criminal | ||||||
4 | justice system in order to minimize an employee's loss of | ||||||
5 | pay and
other benefits resulting from court appearances;
| ||||||
6 | (6) shall provide information whenever possible, of a | ||||||
7 | secure waiting
area during court proceedings that does not | ||||||
8 | require victims to be in close
proximity to defendant or | ||||||
9 | juveniles accused of a violent crime, and their
families | ||||||
10 | and friends;
| ||||||
11 | (7) shall provide notice to the crime victim of the | ||||||
12 | right to have a
translator present at all court proceedings | ||||||
13 | and, in compliance with the federal Americans
with | ||||||
14 | Disabilities Act of 1990, the right to communications | ||||||
15 | access through a
sign language interpreter or by other | ||||||
16 | means;
| ||||||
17 | (8) in the case of the death of a person, which death | ||||||
18 | occurred in the same
transaction or occurrence in which | ||||||
19 | acts occurred for which a defendant is
charged with an | ||||||
20 | offense, shall notify the spouse, parent, child or sibling | ||||||
21 | of
the decedent of the date of the trial of the person or | ||||||
22 | persons allegedly
responsible for the death;
| ||||||
23 | (9) shall inform the victim of the right to have | ||||||
24 | present at all court
proceedings, subject to the rules of | ||||||
25 | evidence, an advocate or other support
person of the | ||||||
26 | victim's choice, and the right to retain an attorney, at |
| |||||||
| |||||||
1 | the
victim's own expense, who, upon written notice filed | ||||||
2 | with the clerk of the
court and State's Attorney, is to | ||||||
3 | receive copies of all notices, motions and
court orders | ||||||
4 | filed thereafter in the case, in the same manner as if the | ||||||
5 | victim
were a named party in the case;
| ||||||
6 | (10) at the sentencing hearing shall make a good faith | ||||||
7 | attempt to explain
the minimum amount of time during which | ||||||
8 | the defendant may actually be
physically imprisoned. The | ||||||
9 | Office of the State's Attorney shall further notify
the | ||||||
10 | crime victim of the right to request from the Prisoner | ||||||
11 | Review Board
information concerning the release of the | ||||||
12 | defendant under subparagraph (d)(1)
of this Section;
| ||||||
13 | (11) shall request restitution at sentencing and shall | ||||||
14 | consider
restitution in any plea negotiation, as provided | ||||||
15 | by law; and
| ||||||
16 | (12) shall, upon the court entering a verdict of not | ||||||
17 | guilty by reason of insanity, inform the victim of the | ||||||
18 | notification services available from the Department of | ||||||
19 | Human Services, including the statewide telephone number, | ||||||
20 | under subparagraph (d)(2) of this Section ; and . | ||||||
21 | (13) shall provide an alleged victim of a sexual | ||||||
22 | assault, as defined in Section 1a of the Sexual Assault | ||||||
23 | Survivors Emergency Treatment Act, within 24 hours after | ||||||
24 | the indictment of, or the filing of an information or | ||||||
25 | complaint against, the alleged perpetrator of the sexual | ||||||
26 | assault with a written or electronic statement of the |
| |||||||
| |||||||
1 | rights guaranteed by this Act and the Bill of Rights for | ||||||
2 | Children and an explanation of those rights. The alleged | ||||||
3 | victim of the sexual assault shall sign an acknowledgement | ||||||
4 | that he or she received such information. If the victim is | ||||||
5 | under 18 years of age, the parent, legal guardian, or | ||||||
6 | custodian of the minor shall sign the acknowledgement. | ||||||
7 | (c) At the written request of the crime victim, the office | ||||||
8 | of the State's
Attorney shall:
| ||||||
9 | (1) provide notice a reasonable time in advance of the | ||||||
10 | following court
proceedings: preliminary hearing, any | ||||||
11 | hearing the effect of which may be the
release of defendant | ||||||
12 | from custody, or to alter the conditions of bond and the
| ||||||
13 | sentencing hearing. The crime victim shall also be notified | ||||||
14 | of the
cancellation of the court proceeding in sufficient | ||||||
15 | time, wherever possible, to
prevent an unnecessary | ||||||
16 | appearance in court;
| ||||||
17 | (2) provide notice within a reasonable time after | ||||||
18 | receipt of notice from
the custodian, of the release of the | ||||||
19 | defendant on bail or personal recognizance
or the release | ||||||
20 | from detention of a minor who has been detained for a | ||||||
21 | violent
crime;
| ||||||
22 | (3) explain in nontechnical language the details of any | ||||||
23 | plea or verdict of
a defendant, or any adjudication of a | ||||||
24 | juvenile as a delinquent for a violent
crime;
| ||||||
25 | (4) where practical, consult with the crime victim | ||||||
26 | before the Office of
the State's Attorney makes an offer of |
| |||||||
| |||||||
1 | a plea bargain to the defendant or
enters into negotiations | ||||||
2 | with the defendant concerning a possible plea
agreement, | ||||||
3 | and shall consider the written victim impact statement, if | ||||||
4 | prepared
prior to entering into a plea agreement;
| ||||||
5 | (5) provide notice of the ultimate disposition of the | ||||||
6 | cases arising from
an indictment or an information, or a | ||||||
7 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
8 | a violent crime;
| ||||||
9 | (6) provide notice of any appeal taken by the defendant | ||||||
10 | and information
on how to contact the appropriate agency | ||||||
11 | handling the appeal;
| ||||||
12 | (7) provide notice of any request for post-conviction | ||||||
13 | review filed by the
defendant under Article 122 of the Code | ||||||
14 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
15 | place of any hearing concerning the petition. Whenever
| ||||||
16 | possible, notice of the hearing shall be given in advance;
| ||||||
17 | (8) forward a copy of any statement presented under | ||||||
18 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
19 | the Board in making its determination
under subsection (b) | ||||||
20 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
21 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
22 | any other
concerned citizen, upon written request, of the | ||||||
23 | prisoner's release on parole,
mandatory supervised release, | ||||||
24 | electronic detention, work release, international transfer or | ||||||
25 | exchange, or by the
custodian of the discharge of any | ||||||
26 | individual who was adjudicated a delinquent
for a violent crime |
| |||||||
| |||||||
1 | from State custody and by the sheriff of the appropriate
county | ||||||
2 | of any such person's final discharge from county custody.
The | ||||||
3 | Prisoner Review Board, upon written request, shall provide to a | ||||||
4 | victim or
any other concerned citizen a recent photograph of | ||||||
5 | any person convicted of a
felony, upon his or her release from | ||||||
6 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
7 | inform a victim or any other
concerned citizen when feasible at | ||||||
8 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
9 | times and dates of such furlough. Upon written request by
the | ||||||
10 | victim or any other concerned citizen, the State's Attorney | ||||||
11 | shall notify
the person once of the times and dates of release | ||||||
12 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
13 | shall be based on the most recent
information as to victim's or | ||||||
14 | other concerned citizen's residence or other
location | ||||||
15 | available to the notifying authority.
For purposes of this | ||||||
16 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
17 | relatives of the victim, friends of the victim, witnesses to | ||||||
18 | the
crime, or any other person associated with the victim or | ||||||
19 | prisoner.
| ||||||
20 | (2) When the defendant has been committed to the | ||||||
21 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
22 | any other
provision of the Unified Code of Corrections, the | ||||||
23 | victim may request to be
notified by the releasing | ||||||
24 | authority of the defendant's furloughs, temporary release, | ||||||
25 | or final discharge from State
custody. The Department of | ||||||
26 | Human Services shall establish and maintain a statewide |
| |||||||
| |||||||
1 | telephone number to be used by victims to make notification | ||||||
2 | requests under these provisions and shall publicize this | ||||||
3 | telephone number on its website and to the State's Attorney | ||||||
4 | of each county.
| ||||||
5 | (3) In the event of an escape from State custody, the | ||||||
6 | Department of
Corrections or the Department of Juvenile | ||||||
7 | Justice immediately shall notify the Prisoner Review Board | ||||||
8 | of the escape
and the Prisoner Review Board shall notify | ||||||
9 | the victim. The notification shall
be based upon the most | ||||||
10 | recent information as to the victim's residence or other
| ||||||
11 | location available to the Board. When no such information | ||||||
12 | is available, the
Board shall make all reasonable efforts | ||||||
13 | to obtain the information and make
the notification. When | ||||||
14 | the escapee is apprehended, the Department of
Corrections | ||||||
15 | or the Department of Juvenile Justice immediately shall | ||||||
16 | notify the Prisoner Review Board and the Board
shall notify | ||||||
17 | the victim.
| ||||||
18 | (4) The victim of the crime for which the prisoner has | ||||||
19 | been sentenced
shall receive reasonable written notice not | ||||||
20 | less than 15 days prior to the
parole hearing and may | ||||||
21 | submit, in writing, on film, videotape or other
electronic | ||||||
22 | means or in the form of a recording or in person at the | ||||||
23 | parole
hearing
or if a victim of a violent crime, by | ||||||
24 | calling the
toll-free number established in subsection (f) | ||||||
25 | of this Section, information
for
consideration by the | ||||||
26 | Prisoner Review Board. The
victim shall be notified within |
| |||||||
| |||||||
1 | 7 days after the prisoner has been granted
parole and shall | ||||||
2 | be informed of the right to inspect the registry of parole
| ||||||
3 | decisions, established under subsection (g) of Section | ||||||
4 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
5 | this paragraph (4) are subject to the
Open Parole Hearings | ||||||
6 | Act.
| ||||||
7 | (5) If a statement is presented under Section 6, the | ||||||
8 | Prisoner Review Board
shall inform the victim of any order | ||||||
9 | of discharge entered by the Board pursuant
to Section 3-3-8 | ||||||
10 | of the Unified Code of Corrections.
| ||||||
11 | (6) At the written request of the victim of the crime | ||||||
12 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
13 | Board shall notify the victim of
the death of the prisoner | ||||||
14 | if the prisoner died while on parole or mandatory
| ||||||
15 | supervised release.
| ||||||
16 | (7) When a defendant who has been committed to the | ||||||
17 | Department of
Corrections, the Department of Juvenile | ||||||
18 | Justice, or the Department of Human Services is released or | ||||||
19 | discharged and
subsequently committed to the Department of | ||||||
20 | Human Services as a sexually
violent person and the victim | ||||||
21 | had requested to be notified by the releasing
authority of | ||||||
22 | the defendant's discharge from State custody, the | ||||||
23 | releasing
authority shall provide to the Department of | ||||||
24 | Human Services such information
that would allow the | ||||||
25 | Department of Human Services to contact the victim.
| ||||||
26 | (8) When a defendant has been convicted of a sex |
| |||||||
| |||||||
1 | offense as defined in Section 2 of the Sex Offender | ||||||
2 | Registration Act and has been sentenced to the Department | ||||||
3 | of Corrections or the Department of Juvenile Justice, the | ||||||
4 | Prisoner Review Board shall notify the victim of the sex | ||||||
5 | offense of the prisoner's eligibility for release on | ||||||
6 | parole,
mandatory supervised release, electronic | ||||||
7 | detention, work release, international transfer or | ||||||
8 | exchange, or by the
custodian of the discharge of any | ||||||
9 | individual who was adjudicated a delinquent
for a sex | ||||||
10 | offense from State custody and by the sheriff of the | ||||||
11 | appropriate
county of any such person's final discharge | ||||||
12 | from county custody. The notification shall be made to the | ||||||
13 | victim at least 30 days, whenever possible, before release | ||||||
14 | of the sex offender. | ||||||
15 | (e) The officials named in this Section may satisfy some or | ||||||
16 | all of their
obligations to provide notices and other | ||||||
17 | information through participation in a
statewide victim and | ||||||
18 | witness notification system established by the Attorney
| ||||||
19 | General under Section 8.5 of this Act.
| ||||||
20 | (f) To permit a victim of a violent crime to provide | ||||||
21 | information to the
Prisoner Review Board for consideration by | ||||||
22 | the
Board at a parole hearing of a person who committed the | ||||||
23 | crime against
the victim in accordance with clause (d)(4) of | ||||||
24 | this Section or at a proceeding
to determine the conditions of | ||||||
25 | mandatory supervised release of a person
sentenced to a | ||||||
26 | determinate sentence or at a hearing on revocation of mandatory
|
| |||||||
| |||||||
1 | supervised release of a person sentenced to a determinate | ||||||
2 | sentence, the Board
shall establish a toll-free number that may | ||||||
3 | be accessed by the victim of
a violent crime to present that | ||||||
4 | information to the Board.
| ||||||
5 | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | ||||||
6 | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. | ||||||
7 | 8-11-09.)
| ||||||
8 | Section 15. The Unified Code of Corrections is amended by | ||||||
9 | changing Section 5-5-3.2 as follows:
| ||||||
10 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
11 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
12 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
13 | (a) The following factors shall be accorded weight in favor | ||||||
14 | of
imposing a term of imprisonment or may be considered by the | ||||||
15 | court as reasons
to impose a more severe sentence under Section | ||||||
16 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
17 | (1) the defendant's conduct caused or threatened | ||||||
18 | serious harm;
| ||||||
19 | (2) the defendant received compensation for committing | ||||||
20 | the offense;
| ||||||
21 | (3) the defendant has a history of prior delinquency or | ||||||
22 | criminal activity;
| ||||||
23 | (4) the defendant, by the duties of his office or by | ||||||
24 | his position,
was obliged to prevent the particular offense |
| |||||||
| |||||||
1 | committed or to bring
the offenders committing it to | ||||||
2 | justice;
| ||||||
3 | (5) the defendant held public office at the time of the | ||||||
4 | offense,
and the offense related to the conduct of that | ||||||
5 | office;
| ||||||
6 | (6) the defendant utilized his professional reputation | ||||||
7 | or
position in the community to commit the offense, or to | ||||||
8 | afford
him an easier means of committing it;
| ||||||
9 | (7) the sentence is necessary to deter others from | ||||||
10 | committing
the same crime;
| ||||||
11 | (8) the defendant committed the offense against a | ||||||
12 | person 60 years of age
or older or such person's property;
| ||||||
13 | (9) the defendant committed the offense against a | ||||||
14 | person who is
physically handicapped or such person's | ||||||
15 | property;
| ||||||
16 | (10) by reason of another individual's actual or | ||||||
17 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
18 | sexual orientation, physical or mental
disability, or | ||||||
19 | national origin, the defendant committed the offense | ||||||
20 | against (i)
the person or property
of that individual; (ii) | ||||||
21 | the person or property of a person who has an
association | ||||||
22 | with, is married to, or has a friendship with the other | ||||||
23 | individual;
or (iii) the person or property of a relative | ||||||
24 | (by blood or marriage) of a
person described in clause (i) | ||||||
25 | or (ii). For the purposes of this Section,
"sexual | ||||||
26 | orientation" means heterosexuality, homosexuality, or |
| |||||||
| |||||||
1 | bisexuality;
| ||||||
2 | (11) the offense took place in a place of worship or on | ||||||
3 | the
grounds of a place of worship, immediately prior to, | ||||||
4 | during or immediately
following worship services. For | ||||||
5 | purposes of this subparagraph, "place of
worship" shall | ||||||
6 | mean any church, synagogue or other building, structure or
| ||||||
7 | place used primarily for religious worship;
| ||||||
8 | (12) the defendant was convicted of a felony committed | ||||||
9 | while he was
released on bail or his own recognizance | ||||||
10 | pending trial for a prior felony
and was convicted of such | ||||||
11 | prior felony, or the defendant was convicted of a
felony | ||||||
12 | committed while he was serving a period of probation,
| ||||||
13 | conditional discharge, or mandatory supervised release | ||||||
14 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
15 | (13) the defendant committed or attempted to commit a | ||||||
16 | felony while he
was wearing a bulletproof vest. For the | ||||||
17 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
18 | device which is designed for the purpose of
protecting the | ||||||
19 | wearer from bullets, shot or other lethal projectiles;
| ||||||
20 | (14) the defendant held a position of trust or | ||||||
21 | supervision such as, but
not limited to, family member as | ||||||
22 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
23 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
24 | relation to a victim under 18 years of age, and the | ||||||
25 | defendant committed an
offense in violation of Section | ||||||
26 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
| |||||||
| |||||||
1 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
2 | against
that victim;
| ||||||
3 | (15) the defendant committed an offense related to the | ||||||
4 | activities of an
organized gang. For the purposes of this | ||||||
5 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
6 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
7 | Act;
| ||||||
8 | (16) the defendant committed an offense in violation of | ||||||
9 | one of the
following Sections while in a school, regardless | ||||||
10 | of the time of day or time of
year; on any conveyance | ||||||
11 | owned, leased, or contracted by a school to transport
| ||||||
12 | students to or from school or a school related activity; on | ||||||
13 | the real property
of a school; or on a public way within | ||||||
14 | 1,000 feet of the real property
comprising any school: | ||||||
15 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
16 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
17 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
18 | 33A-2 of the Criminal Code of
1961;
| ||||||
19 | (16.5) the defendant committed an offense in violation | ||||||
20 | of one of the
following Sections while in a day care | ||||||
21 | center, regardless of the time of day or
time of year; on | ||||||
22 | the real property of a day care center, regardless of the | ||||||
23 | time
of day or time of year; or on a public
way within | ||||||
24 | 1,000 feet of the real property comprising any day care | ||||||
25 | center,
regardless of the time of day or time of year:
| ||||||
26 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
| |||||||
| |||||||
1 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
2 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
3 | 33A-2 of the Criminal
Code of 1961;
| ||||||
4 | (17) the defendant committed the offense by reason of | ||||||
5 | any person's
activity as a community policing volunteer or | ||||||
6 | to prevent any person from
engaging in activity as a | ||||||
7 | community policing volunteer. For the purpose of
this | ||||||
8 | Section, "community policing volunteer" has the meaning | ||||||
9 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
10 | 1961;
| ||||||
11 | (18) the defendant committed the offense in a nursing | ||||||
12 | home or on the
real
property comprising a nursing home. For | ||||||
13 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
14 | skilled nursing
or intermediate long term care facility | ||||||
15 | that is subject to license by the
Illinois Department of | ||||||
16 | Public Health under the Nursing Home Care
Act or the MR/DD | ||||||
17 | Community Care Act;
| ||||||
18 | (19) the defendant was a federally licensed firearm | ||||||
19 | dealer
and
was
previously convicted of a violation of | ||||||
20 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
21 | Identification Card Act and has now committed either a | ||||||
22 | felony
violation
of the Firearm Owners Identification Card | ||||||
23 | Act or an act of armed violence while
armed
with a firearm; | ||||||
24 | (20) the defendant (i) committed the offense of | ||||||
25 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
26 | 1961 or the offense of driving under the influence of |
| |||||||
| |||||||
1 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
2 | compounds or any combination thereof under Section 11-501 | ||||||
3 | of the Illinois Vehicle Code or a similar provision of a | ||||||
4 | local ordinance and (ii) was operating a motor vehicle in | ||||||
5 | excess of 20 miles per hour over the posted speed limit as | ||||||
6 | provided in Article VI of Chapter 11 of the Illinois | ||||||
7 | Vehicle Code;
| ||||||
8 | (21) the defendant (i) committed the offense of | ||||||
9 | reckless driving or aggravated reckless driving under | ||||||
10 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
11 | operating a motor vehicle in excess of 20 miles per hour | ||||||
12 | over the posted speed limit as provided in Article VI of | ||||||
13 | Chapter 11 of the Illinois Vehicle Code; | ||||||
14 | (22) the defendant committed the offense against a | ||||||
15 | person that the defendant knew, or reasonably should have | ||||||
16 | known, was a member of the Armed Forces of the United | ||||||
17 | States serving on active duty. For purposes of this clause | ||||||
18 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
19 | of the United States, including a member of any reserve | ||||||
20 | component thereof or National Guard unit called to active | ||||||
21 | duty;
| ||||||
22 | (23)
the defendant committed the offense against a | ||||||
23 | person who was elderly, disabled, or infirm by taking | ||||||
24 | advantage of a family or fiduciary relationship with the | ||||||
25 | elderly, disabled, or infirm person; or
| ||||||
26 | (24)
the defendant committed any offense under Section |
| |||||||
| |||||||
1 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
2 | more images;
or | ||||||
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 ; or . | ||||||
6 | (26) (25) 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 where a child engaged in, solicited for, depicted in, | ||||||
11 | or posed in any act of sexual penetration or bound, | ||||||
12 | fettered, or subject to sadistic, masochistic, or | ||||||
13 | sadomasochistic abuse in a sexual context and specifically | ||||||
14 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
15 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
16 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
17 | or posed in any act of sexual penetration or bound, | ||||||
18 | fettered, or subject to sadistic, masochistic, or | ||||||
19 | sadomasochistic abuse in a sexual context. | ||||||
20 | For the purposes of this Section:
| ||||||
21 | "School" is defined as a public or private
elementary or | ||||||
22 | secondary school, community college, college, or university.
| ||||||
23 | "Day care center" means a public or private State certified | ||||||
24 | and
licensed day care center as defined in Section 2.09 of the | ||||||
25 | Child Care Act of
1969 that displays a sign in plain view | ||||||
26 | stating that the
property is a day care center.
|
| |||||||
| |||||||
1 | "Public transportation" means the transportation
or | ||||||
2 | conveyance of persons by means available to the general public, | ||||||
3 | and includes paratransit services. | ||||||
4 | (b) The following factors, related to all felonies, may be | ||||||
5 | considered by the court as
reasons to impose an extended term | ||||||
6 | sentence under Section 5-8-2
upon any offender:
| ||||||
7 | (1) When a defendant is convicted of any felony, after | ||||||
8 | having
been previously convicted in Illinois or any other | ||||||
9 | jurisdiction of the
same or similar class felony or greater | ||||||
10 | class felony, when such conviction
has occurred within 10 | ||||||
11 | years after the
previous conviction, excluding time spent | ||||||
12 | in custody, and such charges are
separately brought and | ||||||
13 | tried and arise out of different series of acts; or
| ||||||
14 | (2) When a defendant is convicted of any felony and the | ||||||
15 | court
finds that the offense was accompanied by | ||||||
16 | exceptionally brutal
or heinous behavior indicative of | ||||||
17 | wanton cruelty; or
| ||||||
18 | (3) When a defendant is convicted of any felony | ||||||
19 | committed against:
| ||||||
20 | (i) a person under 12 years of age at the time of | ||||||
21 | the offense or such
person's property;
| ||||||
22 | (ii) a person 60 years of age or older at the time | ||||||
23 | of the offense or
such person's property; or
| ||||||
24 | (iii) a person physically handicapped at the time | ||||||
25 | of the offense or
such person's property; or
| ||||||
26 | (4) When a defendant is convicted of any felony and the |
| |||||||
| |||||||
1 | offense
involved any of the following types of specific | ||||||
2 | misconduct committed as
part of a ceremony, rite, | ||||||
3 | initiation, observance, performance, practice or
activity | ||||||
4 | of any actual or ostensible religious, fraternal, or social | ||||||
5 | group:
| ||||||
6 | (i) the brutalizing or torturing of humans or | ||||||
7 | animals;
| ||||||
8 | (ii) the theft of human corpses;
| ||||||
9 | (iii) the kidnapping of humans;
| ||||||
10 | (iv) the desecration of any cemetery, religious, | ||||||
11 | fraternal, business,
governmental, educational, or | ||||||
12 | other building or property; or
| ||||||
13 | (v) ritualized abuse of a child; or
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14 | (5) When a defendant is convicted of a felony other | ||||||
15 | than conspiracy and
the court finds that
the felony was | ||||||
16 | committed under an agreement with 2 or more other persons
| ||||||
17 | to commit that offense and the defendant, with respect to | ||||||
18 | the other
individuals, occupied a position of organizer, | ||||||
19 | supervisor, financier, or any
other position of management | ||||||
20 | or leadership, and the court further finds that
the felony | ||||||
21 | committed was related to or in furtherance of the criminal
| ||||||
22 | activities of an organized gang or was motivated by the | ||||||
23 | defendant's leadership
in an organized gang; or
| ||||||
24 | (6) When a defendant is convicted of an offense | ||||||
25 | committed while using a firearm with a
laser sight attached | ||||||
26 | to it. For purposes of this paragraph, "laser sight"
has |
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| |||||||
1 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
2 | Criminal Code of
1961; or
| ||||||
3 | (7) When a defendant who was at least 17 years of age | ||||||
4 | at the
time of
the commission of the offense is convicted | ||||||
5 | of a felony and has been previously
adjudicated a | ||||||
6 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
7 | an act
that if committed by an adult would be a Class X or | ||||||
8 | Class 1 felony when the
conviction has occurred within 10 | ||||||
9 | years after the previous adjudication,
excluding time | ||||||
10 | spent in custody; or
| ||||||
11 | (8) When a defendant commits any felony and the | ||||||
12 | defendant used, possessed, exercised control over, or | ||||||
13 | otherwise directed an animal to assault a law enforcement | ||||||
14 | officer engaged in the execution of his or her official | ||||||
15 | duties or in furtherance of the criminal activities of an | ||||||
16 | organized gang in which the defendant is engaged.
| ||||||
17 | (c) The following factors may be considered by the court as | ||||||
18 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
19 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
20 | (1) When a defendant is convicted of first degree | ||||||
21 | murder, after having been previously convicted in Illinois | ||||||
22 | of any offense listed under paragraph (c)(2) of Section | ||||||
23 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
24 | within 10 years after the previous conviction, excluding | ||||||
25 | time spent in custody, and the charges are separately | ||||||
26 | brought and tried and arise out of different series of |
| |||||||
| |||||||
1 | acts. | ||||||
2 | (1.5) When a defendant is convicted of first degree | ||||||
3 | murder, after having been previously convicted of domestic | ||||||
4 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
5 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
6 | having been previously convicted of violation of an order | ||||||
7 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
8 | was the protected person. | ||||||
9 | (2) When a defendant is convicted of voluntary | ||||||
10 | manslaughter, second degree murder, involuntary | ||||||
11 | manslaughter, or reckless homicide in which the defendant | ||||||
12 | has been convicted of causing the death of more than one | ||||||
13 | individual. | ||||||
14 | (3) When a defendant is convicted of aggravated | ||||||
15 | criminal sexual assault or criminal sexual assault, when | ||||||
16 | there is a finding that aggravated criminal sexual assault | ||||||
17 | or criminal sexual assault was also committed on the same | ||||||
18 | victim by one or more other individuals, and the defendant | ||||||
19 | voluntarily participated in the crime with the knowledge of | ||||||
20 | the participation of the others in the crime, and the | ||||||
21 | commission of the crime was part of a single course of | ||||||
22 | conduct during which there was no substantial change in the | ||||||
23 | nature of the criminal objective. | ||||||
24 | (4) If the victim was under 18 years of age at the time | ||||||
25 | of the commission of the offense, when a defendant is | ||||||
26 | convicted of aggravated criminal sexual assault or |
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child under | ||||||
2 | subsection (a)(1) of Section 12-14.1 of the Criminal Code | ||||||
3 | of 1961 (720 ILCS 5/12-14.1). | ||||||
4 | (5) When a defendant is convicted of a felony violation | ||||||
5 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
6 | 5/24-1) and there is a finding that the defendant is a | ||||||
7 | member of an organized gang. | ||||||
8 | (6) When a defendant was convicted of unlawful use of | ||||||
9 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
10 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
11 | readily distinguishable as one of the weapons enumerated in | ||||||
12 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
13 | 5/24-1). | ||||||
14 | (7) When a defendant is convicted of an offense | ||||||
15 | involving the illegal manufacture of a controlled | ||||||
16 | substance under Section 401 of the Illinois Controlled | ||||||
17 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
18 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
19 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
20 | the illegal possession of explosives and an emergency | ||||||
21 | response officer in the performance of his or her duties is | ||||||
22 | killed or injured at the scene of the offense while | ||||||
23 | responding to the emergency caused by the commission of the | ||||||
24 | offense. In this paragraph, "emergency" means a situation | ||||||
25 | in which a person's life, health, or safety is in jeopardy; | ||||||
26 | and "emergency response officer" means a peace officer, |
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1 | community policing volunteer, fireman, emergency medical | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | technician-ambulance, emergency medical | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | technician-intermediate, emergency medical | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | technician-paramedic, ambulance driver, other medical | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | assistance or first aid personnel, or hospital emergency | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | room personnel.
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7 | (c-5) The court shall impose an extended term sentence | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender who | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | has been convicted of a felony violation of Section 12-13, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | 12-14, 12-15, or 12-16 of the Criminal Code of 1961 when the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | victim of the offense is under 18 years of age at the time of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | the commission of the offense and, during the commission or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | attempted commission of the offense, the victim was under the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | influence of alcohol, regardless of whether or not the alcohol | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | was supplied by the accused. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (d) For the purposes of this Section, "organized gang" has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the meaning
ascribed to it in Section 10 of the Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Streetgang Terrorism Omnibus
Prevention Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
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