Rep. Frances Ann Hurley
Filed: 5/21/2019
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1 | AMENDMENT TO SENATE BILL 416
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2 | AMENDMENT NO. ______. Amend Senate Bill 416 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 5-5-3.1 and 5-5-3.2 as follows:
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6 | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
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7 | Sec. 5-5-3.1. Factors in mitigation.
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8 | (a) The following
grounds shall be accorded weight in favor | ||||||
9 | of withholding or
minimizing a sentence of imprisonment:
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10 | (1) The defendant's criminal conduct neither caused | ||||||
11 | nor
threatened serious physical harm to another.
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12 | (2) The defendant did not contemplate that his criminal | ||||||
13 | conduct would
cause or threaten serious physical harm to | ||||||
14 | another.
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15 | (3) The defendant acted under a strong provocation.
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16 | (4) There were substantial grounds tending to excuse or |
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1 | justify
the defendant's criminal conduct, though failing | ||||||
2 | to establish a
defense.
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3 | (5) The defendant's criminal conduct was induced or | ||||||
4 | facilitated
by someone other than the defendant.
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5 | (6) The defendant has compensated or will compensate | ||||||
6 | the victim
of his criminal conduct for the damage or injury | ||||||
7 | that he sustained.
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8 | (7) The defendant has no history of prior delinquency | ||||||
9 | or
criminal activity or has led a law-abiding life for a | ||||||
10 | substantial
period of time before the commission of the | ||||||
11 | present crime.
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12 | (8) The defendant's criminal conduct was the result of
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13 | circumstances unlikely to recur.
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14 | (9) The character and attitudes of the defendant | ||||||
15 | indicate that he is
unlikely to commit another crime.
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16 | (10) The defendant is particularly likely to comply | ||||||
17 | with the terms of
a period of probation.
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18 | (11) The imprisonment of the defendant would entail | ||||||
19 | excessive
hardship to his dependents.
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20 | (12) The imprisonment of the defendant would endanger | ||||||
21 | his or her medical
condition.
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22 | (13) The defendant was a person with an intellectual | ||||||
23 | disability as defined in Section 5-1-13 of
this Code.
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24 | (14) The defendant sought or obtained emergency | ||||||
25 | medical assistance for an overdose and was convicted of a | ||||||
26 | Class 3 felony or higher possession, manufacture, or |
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1 | delivery of a controlled, counterfeit, or look-alike | ||||||
2 | substance or a controlled substance analog under the | ||||||
3 | Illinois Controlled Substances Act or a Class 2 felony or | ||||||
4 | higher possession, manufacture or delivery of | ||||||
5 | methamphetamine under the Methamphetamine Control and | ||||||
6 | Community Protection Act. | ||||||
7 | (15) At the time of the offense, the defendant is or | ||||||
8 | had been the victim of domestic violence and the effects of | ||||||
9 | the domestic violence tended to excuse or justify the | ||||||
10 | defendant's criminal conduct. As used in this paragraph | ||||||
11 | (15), "domestic violence" means abuse as defined in Section | ||||||
12 | 103 of the Illinois Domestic Violence Act of 1986. | ||||||
13 | (16) At the time of the offense, the defendant was | ||||||
14 | suffering from a serious mental illness which, though | ||||||
15 | insufficient to establish the defense of insanity, | ||||||
16 | substantially affected his or her ability to understand the | ||||||
17 | nature of his or her acts or to conform his or her conduct | ||||||
18 | to the requirements of the law. | ||||||
19 | (17) At the time of the offense, the defendant was | ||||||
20 | suffering from post-partum depression or post-partum | ||||||
21 | psychosis which was either undiagnosed or untreated, or | ||||||
22 | both, and this temporary mental illness tended to excuse
or | ||||||
23 | justify the defendant's criminal conduct and the defendant | ||||||
24 | has been diagnosed as suffering from post-partum | ||||||
25 | depression or
post-partum psychosis, or both, by a | ||||||
26 | qualified medical person and the diagnoses or
testimony, or |
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1 | both, was not used at trial. In this paragraph (17): | ||||||
2 | "Post-partum depression"
means a mood disorder | ||||||
3 | which strikes many
women during and after pregnancy | ||||||
4 | which usually occurs during
pregnancy and up to 12 | ||||||
5 | months after delivery. This depression
can include | ||||||
6 | anxiety disorders. | ||||||
7 | "Post-partum psychosis" means an extreme form of | ||||||
8 | post-partum
depression which can occur during | ||||||
9 | pregnancy and up to 12
months after delivery. This can | ||||||
10 | include losing touch with
reality, distorted thinking, | ||||||
11 | delusions, auditory and visual
hallucinations, | ||||||
12 | paranoia, hyperactivity and rapid speech, or mania. | ||||||
13 | (18) The defendant had a demonstrated history of | ||||||
14 | compliance with the penal institution's rules during his or | ||||||
15 | her pretrial incarceration. In this paragraph (18), "penal | ||||||
16 | institution" has the meaning ascribed to it in Section 2-14 | ||||||
17 | of the Criminal Code of 2012. | ||||||
18 | (b) If the court, having due regard for the character of | ||||||
19 | the
offender, the nature and circumstances of the offense and | ||||||
20 | the
public interest finds that a sentence of imprisonment is | ||||||
21 | the
most appropriate disposition of the offender, or where | ||||||
22 | other
provisions of this Code mandate the imprisonment of the | ||||||
23 | offender,
the grounds listed in paragraph (a) of this | ||||||
24 | subsection shall be
considered as factors in mitigation of the | ||||||
25 | term imposed.
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26 | (Source: P.A. 99-143, eff. 7-27-15; 99-384, eff. 1-1-16; |
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1 | 99-642, eff. 7-28-16; 99-877, eff. 8-22-16; 100-574, eff. | ||||||
2 | 6-1-18 .)
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3 | (730 ILCS 5/5-5-3.2)
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4 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
5 | sentencing.
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6 | (a) The following factors shall be accorded weight in favor | ||||||
7 | of
imposing a term of imprisonment or may be considered by the | ||||||
8 | court as reasons
to impose a more severe sentence under Section | ||||||
9 | 5-8-1 or Article 4.5 of Chapter V:
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10 | (1) the defendant's conduct caused or threatened | ||||||
11 | serious harm;
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12 | (2) the defendant received compensation for committing | ||||||
13 | the offense;
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14 | (3) the defendant has a history of prior delinquency or | ||||||
15 | criminal activity;
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16 | (4) the defendant, by the duties of his office or by | ||||||
17 | his position,
was obliged to prevent the particular offense | ||||||
18 | committed or to bring
the offenders committing it to | ||||||
19 | justice;
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20 | (5) the defendant held public office at the time of the | ||||||
21 | offense,
and the offense related to the conduct of that | ||||||
22 | office;
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23 | (6) the defendant utilized his professional reputation | ||||||
24 | or
position in the community to commit the offense, or to | ||||||
25 | afford
him an easier means of committing it;
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1 | (7) the sentence is necessary to deter others from | ||||||
2 | committing
the same crime;
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3 | (8) the defendant committed the offense against a | ||||||
4 | person 60 years of age
or older or such person's property;
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5 | (9) the defendant committed the offense against a | ||||||
6 | person who has a physical disability or such person's | ||||||
7 | property;
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8 | (10) by reason of another individual's actual or | ||||||
9 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
10 | sexual orientation, physical or mental
disability, or | ||||||
11 | national origin, the defendant committed the offense | ||||||
12 | against (i)
the person or property
of that individual; (ii) | ||||||
13 | the person or property of a person who has an
association | ||||||
14 | with, is married to, or has a friendship with the other | ||||||
15 | individual;
or (iii) the person or property of a relative | ||||||
16 | (by blood or marriage) of a
person described in clause (i) | ||||||
17 | or (ii). For the purposes of this Section,
"sexual | ||||||
18 | orientation" has the meaning ascribed to it in paragraph | ||||||
19 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
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20 | (11) the offense took place in a place of worship or on | ||||||
21 | the
grounds of a place of worship, immediately prior to, | ||||||
22 | during or immediately
following worship services. For | ||||||
23 | purposes of this subparagraph, "place of
worship" shall | ||||||
24 | mean any church, synagogue or other building, structure or
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25 | place used primarily for religious worship;
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26 | (12) the defendant was convicted of a felony committed |
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1 | while he was
released on bail or his own recognizance | ||||||
2 | pending trial for a prior felony
and was convicted of such | ||||||
3 | prior felony, or the defendant was convicted of a
felony | ||||||
4 | committed while he was serving a period of probation,
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5 | conditional discharge, or mandatory supervised release | ||||||
6 | under subsection (d)
of Section 5-8-1
for a prior felony;
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7 | (13) the defendant committed or attempted to commit a | ||||||
8 | felony while he
was wearing a bulletproof vest. For the | ||||||
9 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
10 | device which is designed for the purpose of
protecting the | ||||||
11 | wearer from bullets, shot or other lethal projectiles;
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12 | (14) the defendant held a position of trust or | ||||||
13 | supervision such as, but
not limited to, family member as | ||||||
14 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
15 | teacher, scout leader, baby sitter, or day care worker, in
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16 | relation to a victim under 18 years of age, and the | ||||||
17 | defendant committed an
offense in violation of Section | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
19 | 11-14.4 except for an offense that involves keeping a place | ||||||
20 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
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21 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
22 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012
against
that victim;
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24 | (15) the defendant committed an offense related to the | ||||||
25 | activities of an
organized gang. For the purposes of this | ||||||
26 | factor, "organized gang" has the
meaning ascribed to it in |
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1 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
2 | Act;
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3 | (16) the defendant committed an offense in violation of | ||||||
4 | one of the
following Sections while in a school, regardless | ||||||
5 | of the time of day or time of
year; on any conveyance | ||||||
6 | owned, leased, or contracted by a school to transport
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7 | students to or from school or a school related activity; on | ||||||
8 | the real property
of a school; or on a public way within | ||||||
9 | 1,000 feet of the real property
comprising any school: | ||||||
10 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
11 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
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12 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
13 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
14 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
15 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
16 | Criminal Code of 2012;
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17 | (16.5) the defendant committed an offense in violation | ||||||
18 | of one of the
following Sections while in a day care | ||||||
19 | center, regardless of the time of day or
time of year; on | ||||||
20 | the real property of a day care center, regardless of the | ||||||
21 | time
of day or time of year; or on a public
way within | ||||||
22 | 1,000 feet of the real property comprising any day care | ||||||
23 | center,
regardless of the time of day or time of year:
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24 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
25 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
26 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
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1 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
2 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
3 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
4 | Criminal Code of 2012;
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5 | (17) the defendant committed the offense by reason of | ||||||
6 | any person's
activity as a community policing volunteer or | ||||||
7 | to prevent any person from
engaging in activity as a | ||||||
8 | community policing volunteer. For the purpose of
this | ||||||
9 | Section, "community policing volunteer" has the meaning | ||||||
10 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
11 | 2012;
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12 | (18) the defendant committed the offense in a nursing | ||||||
13 | home or on the
real
property comprising a nursing home. For | ||||||
14 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
15 | skilled nursing
or intermediate long term care facility | ||||||
16 | that is subject to license by the
Illinois Department of | ||||||
17 | Public Health under the Nursing Home Care
Act, the | ||||||
18 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
19 | ID/DD Community Care Act, or the MC/DD Act;
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20 | (19) the defendant was a federally licensed firearm | ||||||
21 | dealer
and
was
previously convicted of a violation of | ||||||
22 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
23 | Identification Card Act and has now committed either a | ||||||
24 | felony
violation
of the Firearm Owners Identification Card | ||||||
25 | Act or an act of armed violence while
armed
with a firearm; | ||||||
26 | (20) the defendant (i) committed the offense of |
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1 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
3 | under the influence of alcohol, other drug or
drugs, | ||||||
4 | intoxicating compound or compounds or any combination | ||||||
5 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
6 | or a similar provision of a local ordinance and (ii) was | ||||||
7 | operating a motor vehicle in excess of 20 miles per hour | ||||||
8 | over the posted speed limit as provided in Article VI of | ||||||
9 | Chapter 11 of the Illinois Vehicle Code;
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10 | (21) the defendant (i) committed the offense of | ||||||
11 | reckless driving or aggravated reckless driving under | ||||||
12 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
13 | operating a motor vehicle in excess of 20 miles per hour | ||||||
14 | over the posted speed limit as provided in Article VI of | ||||||
15 | Chapter 11 of the Illinois Vehicle Code; | ||||||
16 | (22) the defendant committed the offense against a | ||||||
17 | person that the defendant knew, or reasonably should have | ||||||
18 | known, was a member of the Armed Forces of the United | ||||||
19 | States serving on active duty. For purposes of this clause | ||||||
20 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
21 | of the United States, including a member of any reserve | ||||||
22 | component thereof or National Guard unit called to active | ||||||
23 | duty;
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24 | (23)
the defendant committed the offense against a | ||||||
25 | person who was elderly or infirm or who was a person with a | ||||||
26 | disability by taking advantage of a family or fiduciary |
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1 | relationship with the elderly or infirm person or person | ||||||
2 | with a disability;
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3 | (24)
the defendant committed any offense under Section | ||||||
4 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012 and possessed 100 or more images;
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6 | (25) the defendant committed the offense while the | ||||||
7 | defendant or the victim was in a train, bus, or other | ||||||
8 | vehicle used for public transportation; | ||||||
9 | (26) the defendant committed the offense of child | ||||||
10 | pornography or aggravated child pornography, specifically | ||||||
11 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
12 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
14 | solicited for, depicted in, or posed in any act of sexual | ||||||
15 | penetration or bound, fettered, or subject to sadistic, | ||||||
16 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
17 | and specifically including paragraph (1), (2), (3), (4), | ||||||
18 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
19 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
20 | engaged in, solicited for, depicted in, or posed in any act | ||||||
21 | of sexual penetration or bound, fettered, or subject to | ||||||
22 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
23 | sexual context; | ||||||
24 | (27) the defendant committed the offense of first | ||||||
25 | degree murder, assault, aggravated assault, battery, | ||||||
26 | aggravated battery, robbery, armed robbery, or aggravated |
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1 | robbery against a person who was a veteran and the | ||||||
2 | defendant knew, or reasonably should have known, that the | ||||||
3 | person was a veteran performing duties as a representative | ||||||
4 | of a veterans' organization. For the purposes of this | ||||||
5 | paragraph (27), "veteran" means an Illinois resident who | ||||||
6 | has served as a member of the United States Armed Forces, a | ||||||
7 | member of the Illinois National Guard, or a member of the | ||||||
8 | United States Reserve Forces; and "veterans' organization" | ||||||
9 | means an organization comprised of members of
which | ||||||
10 | substantially all are individuals who are veterans or | ||||||
11 | spouses,
widows, or widowers of veterans, the primary | ||||||
12 | purpose of which is to
promote the welfare of its members | ||||||
13 | and to provide assistance to the general
public in such a | ||||||
14 | way as to confer a public benefit; | ||||||
15 | (28) the defendant committed the offense of assault, | ||||||
16 | aggravated assault, battery, aggravated battery, robbery, | ||||||
17 | armed robbery, or aggravated robbery against a person that | ||||||
18 | the defendant knew or reasonably should have known was a | ||||||
19 | letter carrier or postal worker while that person was | ||||||
20 | performing his or her duties delivering mail for the United | ||||||
21 | States Postal Service; | ||||||
22 | (29) the defendant committed the offense of criminal | ||||||
23 | sexual assault, aggravated criminal sexual assault, | ||||||
24 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
25 | against a victim with an intellectual disability, and the | ||||||
26 | defendant holds a position of trust, authority, or |
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1 | supervision in relation to the victim; | ||||||
2 | (30) the defendant committed the offense of promoting | ||||||
3 | juvenile prostitution, patronizing a prostitute, or | ||||||
4 | patronizing a minor engaged in prostitution and at the time | ||||||
5 | of the commission of the offense knew that the prostitute | ||||||
6 | or minor engaged in prostitution was in the custody or | ||||||
7 | guardianship of the Department of Children and Family | ||||||
8 | Services; or | ||||||
9 | (31) the defendant (i) committed the offense of driving | ||||||
10 | while under the influence of alcohol, other drug or drugs, | ||||||
11 | intoxicating compound or compounds or any combination | ||||||
12 | thereof in violation of Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar provision of a local ordinance | ||||||
14 | and (ii) the defendant during the commission of the offense | ||||||
15 | was driving his or her vehicle upon a roadway designated | ||||||
16 | for one-way traffic in the opposite direction of the | ||||||
17 | direction indicated by official traffic control devices ; | ||||||
18 | or | ||||||
19 | (32) the defendant had a demonstrated history of | ||||||
20 | incidents of non-compliance with the penal institution's | ||||||
21 | rules during his or her pretrial incarceration, including, | ||||||
22 | but not limited to, being found guilty of an administrative | ||||||
23 | infraction related to assaulting staff of the penal | ||||||
24 | institution, possession of contraband in the penal | ||||||
25 | institution, or committing an act of public indecency in | ||||||
26 | the penal institution. In this paragraph (32), "penal |
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| |||||||
1 | institution" has the meaning ascribed to it in Section 2-14 | ||||||
2 | of the Criminal Code of 2012 . | ||||||
3 | For the purposes of this Section:
| ||||||
4 | "School" is defined as a public or private
elementary or | ||||||
5 | secondary school, community college, college, or university.
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6 | "Day care center" means a public or private State certified | ||||||
7 | and
licensed day care center as defined in Section 2.09 of the | ||||||
8 | Child Care Act of
1969 that displays a sign in plain view | ||||||
9 | stating that the
property is a day care center.
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10 | "Intellectual disability" means significantly subaverage | ||||||
11 | intellectual functioning which exists concurrently
with | ||||||
12 | impairment in adaptive behavior. | ||||||
13 | "Public transportation" means the transportation
or | ||||||
14 | conveyance of persons by means available to the general public, | ||||||
15 | and includes paratransit services. | ||||||
16 | "Traffic control devices" means all signs, signals, | ||||||
17 | markings, and devices that conform to the Illinois Manual on | ||||||
18 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
19 | of a public body or official having jurisdiction, for the | ||||||
20 | purpose of regulating, warning, or guiding traffic. | ||||||
21 | (b) The following factors, related to all felonies, may be | ||||||
22 | considered by the court as
reasons to impose an extended term | ||||||
23 | sentence under Section 5-8-2
upon any offender:
| ||||||
24 | (1) When a defendant is convicted of any felony, after | ||||||
25 | having
been previously convicted in Illinois or any other | ||||||
26 | jurisdiction of the
same or similar class felony or greater |
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| |||||||
1 | class felony, when such conviction
has occurred within 10 | ||||||
2 | years after the
previous conviction, excluding time spent | ||||||
3 | in custody, and such charges are
separately brought and | ||||||
4 | tried and arise out of different series of acts; or
| ||||||
5 | (2) When a defendant is convicted of any felony and the | ||||||
6 | court
finds that the offense was accompanied by | ||||||
7 | exceptionally brutal
or heinous behavior indicative of | ||||||
8 | wanton cruelty; or
| ||||||
9 | (3) When a defendant is convicted of any felony | ||||||
10 | committed against:
| ||||||
11 | (i) a person under 12 years of age at the time of | ||||||
12 | the offense or such
person's property;
| ||||||
13 | (ii) a person 60 years of age or older at the time | ||||||
14 | of the offense or
such person's property; or
| ||||||
15 | (iii) a person who had a physical disability at the | ||||||
16 | time of the offense or
such person's property; or
| ||||||
17 | (4) When a defendant is convicted of any felony and the | ||||||
18 | offense
involved any of the following types of specific | ||||||
19 | misconduct committed as
part of a ceremony, rite, | ||||||
20 | initiation, observance, performance, practice or
activity | ||||||
21 | of any actual or ostensible religious, fraternal, or social | ||||||
22 | group:
| ||||||
23 | (i) the brutalizing or torturing of humans or | ||||||
24 | animals;
| ||||||
25 | (ii) the theft of human corpses;
| ||||||
26 | (iii) the kidnapping of humans;
|
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| |||||||
1 | (iv) the desecration of any cemetery, religious, | ||||||
2 | fraternal, business,
governmental, educational, or | ||||||
3 | other building or property; or
| ||||||
4 | (v) ritualized abuse of a child; or
| ||||||
5 | (5) When a defendant is convicted of a felony other | ||||||
6 | than conspiracy and
the court finds that
the felony was | ||||||
7 | committed under an agreement with 2 or more other persons
| ||||||
8 | to commit that offense and the defendant, with respect to | ||||||
9 | the other
individuals, occupied a position of organizer, | ||||||
10 | supervisor, financier, or any
other position of management | ||||||
11 | or leadership, and the court further finds that
the felony | ||||||
12 | committed was related to or in furtherance of the criminal
| ||||||
13 | activities of an organized gang or was motivated by the | ||||||
14 | defendant's leadership
in an organized gang; or
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15 | (6) When a defendant is convicted of an offense | ||||||
16 | committed while using a firearm with a
laser sight attached | ||||||
17 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
18 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
19 | Code of
2012; or
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20 | (7) 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 |
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1 | spent in custody; or
| ||||||
2 | (8) When a defendant commits any felony and the | ||||||
3 | defendant used, possessed, exercised control over, or | ||||||
4 | otherwise directed an animal to assault a law enforcement | ||||||
5 | officer engaged in the execution of his or her official | ||||||
6 | duties or in furtherance of the criminal activities of an | ||||||
7 | organized gang in which the defendant is engaged; or
| ||||||
8 | (9) When a defendant commits any felony and the | ||||||
9 | defendant knowingly video or audio records the offense with | ||||||
10 | the intent to disseminate the recording. | ||||||
11 | (c) The following factors may be considered by the court as | ||||||
12 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
13 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
14 | (1) When a defendant is convicted of first degree | ||||||
15 | murder, after having been previously convicted in Illinois | ||||||
16 | of any offense listed under paragraph (c)(2) of Section | ||||||
17 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
18 | within 10 years after the previous conviction, excluding | ||||||
19 | time spent in custody, and the charges are separately | ||||||
20 | brought and tried and arise out of different series of | ||||||
21 | acts. | ||||||
22 | (1.5) When a defendant is convicted of first degree | ||||||
23 | murder, after having been previously convicted of domestic | ||||||
24 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
25 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
26 | having been previously convicted of violation of an order |
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| |||||||
1 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
2 | was the protected person. | ||||||
3 | (2) When a defendant is convicted of voluntary | ||||||
4 | manslaughter, second degree murder, involuntary | ||||||
5 | manslaughter, or reckless homicide in which the defendant | ||||||
6 | has been convicted of causing the death of more than one | ||||||
7 | individual. | ||||||
8 | (3) When a defendant is convicted of aggravated | ||||||
9 | criminal sexual assault or criminal sexual assault, when | ||||||
10 | there is a finding that aggravated criminal sexual assault | ||||||
11 | or criminal sexual assault was also committed on the same | ||||||
12 | victim by one or more other individuals, and the defendant | ||||||
13 | voluntarily participated in the crime with the knowledge of | ||||||
14 | the participation of the others in the crime, and the | ||||||
15 | commission of the crime was part of a single course of | ||||||
16 | conduct during which there was no substantial change in the | ||||||
17 | nature of the criminal objective. | ||||||
18 | (4) If the victim was under 18 years of age at the time | ||||||
19 | of the commission of the offense, when a defendant is | ||||||
20 | convicted of aggravated criminal sexual assault or | ||||||
21 | predatory criminal sexual assault of a child under | ||||||
22 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
23 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
25 | (5) When a defendant is convicted of a felony violation | ||||||
26 | of Section 24-1 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
2 | finding that the defendant is a member of an organized | ||||||
3 | gang. | ||||||
4 | (6) When a defendant was convicted of unlawful use of | ||||||
5 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
7 | a weapon that is not readily distinguishable as one of the | ||||||
8 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
10 | (7) When a defendant is convicted of an offense | ||||||
11 | involving the illegal manufacture of a controlled | ||||||
12 | substance under Section 401 of the Illinois Controlled | ||||||
13 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
14 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
15 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
16 | the illegal possession of explosives and an emergency | ||||||
17 | response officer in the performance of his or her duties is | ||||||
18 | killed or injured at the scene of the offense while | ||||||
19 | responding to the emergency caused by the commission of the | ||||||
20 | offense. In this paragraph, "emergency" means a situation | ||||||
21 | in which a person's life, health, or safety is in jeopardy; | ||||||
22 | and "emergency response officer" means a peace officer, | ||||||
23 | community policing volunteer, fireman, emergency medical | ||||||
24 | technician-ambulance, emergency medical | ||||||
25 | technician-intermediate, emergency medical | ||||||
26 | technician-paramedic, ambulance driver, other medical |
| |||||||
| |||||||
1 | assistance or first aid personnel, or hospital emergency | ||||||
2 | room personnel.
| ||||||
3 | (8) When the defendant is convicted of attempted mob | ||||||
4 | action, solicitation to commit mob action, or conspiracy to | ||||||
5 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
6 | Criminal Code of 2012, where the criminal object is a | ||||||
7 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
8 | an electronic communication is used in the commission of | ||||||
9 | the offense. For the purposes of this paragraph (8), | ||||||
10 | "electronic communication" shall have the meaning provided | ||||||
11 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
12 | (d) For the purposes of this Section, "organized gang" has | ||||||
13 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
14 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
15 | (e) The court may impose an extended term sentence under | ||||||
16 | Article 4.5 of Chapter V upon an offender who has been | ||||||
17 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
18 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
19 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
20 | when the victim of the offense is under 18 years of age at the | ||||||
21 | time of the commission of the offense and, during the | ||||||
22 | commission of the offense, the victim was under the influence | ||||||
23 | of alcohol, regardless of whether or not the alcohol was | ||||||
24 | supplied by the offender; and the offender, at the time of the | ||||||
25 | commission of the offense, knew or should have known that the | ||||||
26 | victim had consumed alcohol. |
| |||||||
| |||||||
1 | (Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, | ||||||
2 | eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, | ||||||
3 | eff. 7-28-16; 100-1053, eff. 1-1-19 .)".
|