103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2891

 

Introduced 2/16/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/18-7 new
730 ILCS 5/5-5-3.2

    Provides that the Act may be referred to as the Zingher-Cleary-Feitler Act. Amends the Criminal Code of 2012. Provides that a person commits forcible withdrawal from an electronic fund transfer terminal when the person uses force or threatens the use of force against another person to effect or to attempt to effect a withdrawal from an electronic fund transfer terminal located in the State. Provides that a violation is a Class 1 felony. Defines "electronic fund transfer terminal". Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed the offense of first degree murder during the commission of forcible withdrawal from an electronic fund transfer terminal.


LRB103 04648 RLC 52533 b

 

 

A BILL FOR

 

HB2891LRB103 04648 RLC 52533 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the
5Zingher-Cleary-Feitler Act.
 
6    Section 5. The Criminal Code of 2012 is amended by adding
7Section 18-7 as follows:
 
8    (720 ILCS 5/18-7 new)
9    Sec. 18-7. Forcible withdrawal from an electronic fund
10transfer terminal.
11    (a) In this Section, "electronic fund transfer terminal"
12has the meaning ascribed to it in Section 17-0.5 of this
13Code.    
14    (b) A person commits forcible withdrawal from an
15electronic fund transfer terminal when the person uses force
16or threatens the use of force against another person to effect
17or to attempt to effect a withdrawal from an electronic fund
18transfer terminal located in this State.
19    (c) Sentence. A violation of this Section is a Class 1
20felony.
 
21    Section 10. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-5-3.2 as follows:
 
2    (730 ILCS 5/5-5-3.2)
3    (Text of Section before amendment by P.A. 102-982)
4    Sec. 5-5-3.2. Factors in aggravation and extended-term
5sentencing.
6    (a) The following factors shall be accorded weight in
7favor of imposing a term of imprisonment or may be considered
8by the court as reasons to impose a more severe sentence under
9Section 5-8-1 or Article 4.5 of Chapter V:
10        (1) the defendant's conduct caused or threatened
11    serious harm;
12        (2) the defendant received compensation for committing
13    the offense;
14        (3) the defendant has a history of prior delinquency
15    or criminal activity;
16        (4) the defendant, by the duties of his office or by
17    his position, was obliged to prevent the particular
18    offense committed or to bring the offenders committing it
19    to justice;
20        (5) the defendant held public office at the time of
21    the offense, and the offense related to the conduct of
22    that office;
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;
3        (8) the defendant committed the offense against a
4    person 60 years of age or older or such person's property;
5        (9) the defendant committed the offense against a
6    person who has a physical disability or such person's
7    property;
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;
13    (ii) the person or property of a person who has an
14    association with, is married to, or has a friendship with
15    the other individual; or (iii) the person or property of a
16    relative (by blood or marriage) of a person described in
17    clause (i) or (ii). For the purposes of this Section,
18    "sexual orientation" has the meaning ascribed to it in
19    paragraph (O-1) of Section 1-103 of the Illinois Human
20    Rights Act;
21        (11) the offense took place in a place of worship or on
22    the grounds of a place of worship, immediately prior to,
23    during or immediately following worship services. For
24    purposes of this subparagraph, "place of worship" shall
25    mean any church, synagogue or other building, structure or
26    place used primarily for religious worship;

 

 

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

 

 

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

 

 

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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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
3    18-2, or 33A-2, or Section 12-3.05 except for subdivision
4    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
5    Criminal Code of 2012;
6        (17) the defendant committed the offense by reason of
7    any person's activity as a community policing volunteer or
8    to prevent any person from engaging in activity as a
9    community policing volunteer. For the purpose of this
10    Section, "community policing volunteer" has the meaning
11    ascribed to it in Section 2-3.5 of the Criminal Code of
12    2012;
13        (18) the defendant committed the offense in a nursing
14    home or on the real property comprising a nursing home.
15    For the purposes of this paragraph (18), "nursing home"
16    means a skilled nursing or intermediate long term care
17    facility that is subject to license by the Illinois
18    Department of Public Health under the Nursing Home Care
19    Act, the Specialized Mental Health Rehabilitation Act of
20    2013, the ID/DD Community Care Act, or the MC/DD Act;
21        (19) the defendant was a federally licensed firearm
22    dealer and was previously convicted of a violation of
23    subsection (a) of Section 3 of the Firearm Owners
24    Identification Card Act and has now committed either a
25    felony violation of the Firearm Owners Identification Card
26    Act or an act of armed violence while armed with a firearm;

 

 

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1        (20) the defendant (i) committed the offense of
2    reckless homicide under Section 9-3 of the Criminal Code
3    of 1961 or the Criminal Code of 2012 or the offense of
4    driving under the influence of alcohol, other drug or
5    drugs, intoxicating compound or compounds or any
6    combination thereof under Section 11-501 of the Illinois
7    Vehicle Code or a similar provision of a local ordinance
8    and (ii) was operating a motor vehicle in excess of 20
9    miles per hour over the posted speed limit as provided in
10    Article VI of Chapter 11 of the Illinois Vehicle Code;
11        (21) the defendant (i) committed the offense of
12    reckless driving or aggravated reckless driving under
13    Section 11-503 of the Illinois Vehicle Code and (ii) was
14    operating a motor vehicle in excess of 20 miles per hour
15    over the posted speed limit as provided in Article VI of
16    Chapter 11 of the Illinois Vehicle Code;
17        (22) the defendant committed the offense against a
18    person that the defendant knew, or reasonably should have
19    known, was a member of the Armed Forces of the United
20    States serving on active duty. For purposes of this clause
21    (22), the term "Armed Forces" means any of the Armed
22    Forces of the United States, including a member of any
23    reserve component thereof or National Guard unit called to
24    active duty;
25        (23) the defendant committed the offense against a
26    person who was elderly or infirm or who was a person with a

 

 

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1    disability by taking advantage of a family or fiduciary
2    relationship with the elderly or infirm person or person
3    with a disability;
4        (24) the defendant committed any offense under Section
5    11-20.1 of the Criminal Code of 1961 or the Criminal Code
6    of 2012 and possessed 100 or more images;
7        (25) the defendant committed the offense while the
8    defendant or the victim was in a train, bus, or other
9    vehicle used for public transportation;
10        (26) the defendant committed the offense of child
11    pornography or aggravated child pornography, specifically
12    including paragraph (1), (2), (3), (4), (5), or (7) of
13    subsection (a) of Section 11-20.1 of the Criminal Code of
14    1961 or the Criminal Code of 2012 where a child engaged in,
15    solicited for, depicted in, or posed in any act of sexual
16    penetration or bound, fettered, or subject to sadistic,
17    masochistic, or sadomasochistic abuse in a sexual context
18    and specifically including paragraph (1), (2), (3), (4),
19    (5), or (7) of subsection (a) of Section 11-20.1B or
20    Section 11-20.3 of the Criminal Code of 1961 where a child
21    engaged in, solicited for, depicted in, or posed in any
22    act of sexual penetration or bound, fettered, or subject
23    to sadistic, masochistic, or sadomasochistic abuse in a
24    sexual context;
25        (27) the defendant committed the offense of first
26    degree murder, assault, aggravated assault, battery,

 

 

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

 

 

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

 

 

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1    has the same meaning as in Section 2-14 of the Criminal
2    Code of 2012; or
3        (34) the defendant committed the offense of leaving
4    the scene of an accident in violation of subsection (b) of
5    Section 11-401 of the Illinois Vehicle Code and the
6    accident resulted in the death of a person and at the time
7    of the offense, the defendant was: (i) driving under the
8    influence of alcohol, other drug or drugs, intoxicating
9    compound or compounds or any combination thereof as
10    defined by Section 11-501 of the Illinois Vehicle Code; or
11    (ii) operating the motor vehicle while using an electronic
12    communication device as defined in Section 12-610.2 of the
13    Illinois Vehicle Code.
14    For the purposes of this Section:
15    "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17    "Day care center" means a public or private State
18certified and licensed day care center as defined in Section
192.09 of the Child Care Act of 1969 that displays a sign in
20plain view stating that the property is a day care center.
21    "Intellectual disability" means significantly subaverage
22intellectual functioning which exists concurrently with
23impairment in adaptive behavior.
24    "Public transportation" means the transportation or
25conveyance of persons by means available to the general
26public, and includes paratransit services.

 

 

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1    "Traffic control devices" means all signs, signals,
2markings, and devices that conform to the Illinois Manual on
3Uniform Traffic Control Devices, placed or erected by
4authority of a public body or official having jurisdiction,
5for the purpose of regulating, warning, or guiding traffic.
6    (b) The following factors, related to all felonies, may be
7considered by the court as reasons to impose an extended term
8sentence under Section 5-8-2 upon any offender:
9        (1) When a defendant is convicted of any felony, after
10    having been previously convicted in Illinois or any other
11    jurisdiction of the same or similar class felony or
12    greater class felony, when such conviction has occurred
13    within 10 years after the previous conviction, excluding
14    time spent in custody, and such charges are separately
15    brought and tried and arise out of different series of
16    acts; or
17        (2) When a defendant is convicted of any felony and
18    the court finds that the offense was accompanied by
19    exceptionally brutal or heinous behavior indicative of
20    wanton cruelty; or
21        (3) When a defendant is convicted of any felony
22    committed against:
23            (i) a person under 12 years of age at the time of
24        the offense or such person's property;
25            (ii) a person 60 years of age or older at the time
26        of the offense or such person's property; or

 

 

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

 

 

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1        (6) When a defendant is convicted of an offense
2    committed while using a firearm with a laser sight
3    attached to it. For purposes of this paragraph, "laser
4    sight" has the meaning ascribed to it in Section 26-7 of
5    the Criminal Code of 2012; or
6        (7) When a defendant who was at least 17 years of age
7    at the time of the commission of the offense is convicted
8    of a felony and has been previously adjudicated a
9    delinquent minor under the Juvenile Court Act of 1987 for
10    an act that if committed by an adult would be a Class X or
11    Class 1 felony when the conviction has occurred within 10
12    years after the previous adjudication, excluding time
13    spent in custody; or
14        (8) When a defendant commits any felony and the
15    defendant used, possessed, exercised control over, or
16    otherwise directed an animal to assault a law enforcement
17    officer engaged in the execution of his or her official
18    duties or in furtherance of the criminal activities of an
19    organized gang in which the defendant is engaged; or
20        (9) When a defendant commits any felony and the
21    defendant knowingly video or audio records the offense
22    with the intent to disseminate the recording.
23    (c) The following factors may be considered by the court
24as reasons to impose an extended term sentence under Section
255-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
26offenses:

 

 

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1        (1) When a defendant is convicted of first degree
2    murder, after having been previously convicted in Illinois
3    of any offense listed under paragraph (c)(2) of Section
4    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
5    occurred within 10 years after the previous conviction,
6    excluding time spent in custody, and the charges are
7    separately brought and tried and arise out of different
8    series of acts.
9        (1.5) When a defendant is convicted of first degree
10    murder, after having been previously convicted of domestic
11    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
12    (720 ILCS 5/12-3.3) committed on the same victim or after
13    having been previously convicted of violation of an order
14    of protection (720 ILCS 5/12-30) in which the same victim
15    was the protected person.
16        (2) When a defendant is convicted of voluntary
17    manslaughter, second degree murder, involuntary
18    manslaughter, or reckless homicide in which the defendant
19    has been convicted of causing the death of more than one
20    individual.
21        (3) When a defendant is convicted of aggravated
22    criminal sexual assault or criminal sexual assault, when
23    there is a finding that aggravated criminal sexual assault
24    or criminal sexual assault was also committed on the same
25    victim by one or more other individuals, and the defendant
26    voluntarily participated in the crime with the knowledge

 

 

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1    of the participation of the others in the crime, and the
2    commission of the crime was part of a single course of
3    conduct during which there was no substantial change in
4    the nature of the criminal objective.
5        (4) If the victim was under 18 years of age at the time
6    of the commission of the offense, when a defendant is
7    convicted of aggravated criminal sexual assault or
8    predatory criminal sexual assault of a child under
9    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
10    of Section 12-14.1 of the Criminal Code of 1961 or the
11    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
12        (5) When a defendant is convicted of a felony
13    violation of Section 24-1 of the Criminal Code of 1961 or
14    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
15    finding that the defendant is a member of an organized
16    gang.
17        (6) When a defendant was convicted of unlawful use of
18    weapons under Section 24-1 of the Criminal Code of 1961 or
19    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
20    a weapon that is not readily distinguishable as one of the
21    weapons enumerated in Section 24-1 of the Criminal Code of
22    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
23        (7) When a defendant is convicted of an offense
24    involving the illegal manufacture of a controlled
25    substance under Section 401 of the Illinois Controlled
26    Substances Act (720 ILCS 570/401), the illegal manufacture

 

 

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1    of methamphetamine under Section 25 of the Methamphetamine
2    Control and Community Protection Act (720 ILCS 646/25), or
3    the illegal possession of explosives and an emergency
4    response officer in the performance of his or her duties
5    is killed or injured at the scene of the offense while
6    responding to the emergency caused by the commission of
7    the offense. In this paragraph, "emergency" means a
8    situation in which a person's life, health, or safety is
9    in jeopardy; and "emergency response officer" means a
10    peace officer, community policing volunteer, fireman,
11    emergency medical technician-ambulance, emergency medical
12    technician-intermediate, emergency medical
13    technician-paramedic, ambulance driver, other medical
14    assistance or first aid personnel, or hospital emergency
15    room personnel.
16        (8) When the defendant is convicted of attempted mob
17    action, solicitation to commit mob action, or conspiracy
18    to commit mob action under Section 8-1, 8-2, or 8-4 of the
19    Criminal Code of 2012, where the criminal object is a
20    violation of Section 25-1 of the Criminal Code of 2012,
21    and an electronic communication is used in the commission
22    of the offense. For the purposes of this paragraph (8),
23    "electronic communication" shall have the meaning provided
24    in Section 26.5-0.1 of the Criminal Code of 2012.
25    (d) For the purposes of this Section, "organized gang" has
26the meaning ascribed to it in Section 10 of the Illinois

 

 

HB2891- 18 -LRB103 04648 RLC 52533 b

1Streetgang Terrorism Omnibus Prevention Act.
2    (e) The court may impose an extended term sentence under
3Article 4.5 of Chapter V upon an offender who has been
4convicted of a felony violation of Section 11-1.20, 11-1.30,
511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
612-16 of the Criminal Code of 1961 or the Criminal Code of 2012
7when the victim of the offense is under 18 years of age at the
8time of the commission of the offense and, during the
9commission of the offense, the victim was under the influence
10of alcohol, regardless of whether or not the alcohol was
11supplied by the offender; and the offender, at the time of the
12commission of the offense, knew or should have known that the
13victim had consumed alcohol.
14(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
15101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
168-20-21.)
 
17    (Text of Section after amendment by P.A. 102-982)
18    Sec. 5-5-3.2. Factors in aggravation and extended-term
19sentencing.
20    (a) The following factors shall be accorded weight in
21favor of imposing a term of imprisonment or may be considered
22by the court as reasons to impose a more severe sentence under
23Section 5-8-1 or Article 4.5 of Chapter V:
24        (1) the defendant's conduct caused or threatened
25    serious harm;

 

 

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1        (2) the defendant received compensation for committing
2    the offense;
3        (3) the defendant has a history of prior delinquency
4    or criminal activity;
5        (4) the defendant, by the duties of his office or by
6    his position, was obliged to prevent the particular
7    offense committed or to bring the offenders committing it
8    to justice;
9        (5) the defendant held public office at the time of
10    the offense, and the offense related to the conduct of
11    that office;
12        (6) the defendant utilized his professional reputation
13    or position in the community to commit the offense, or to
14    afford him an easier means of committing it;
15        (7) the sentence is necessary to deter others from
16    committing the same crime;
17        (8) the defendant committed the offense against a
18    person 60 years of age or older or such person's property;
19        (9) the defendant committed the offense against a
20    person who has a physical disability or such person's
21    property;
22        (10) by reason of another individual's actual or
23    perceived race, color, creed, religion, ancestry, gender,
24    sexual orientation, physical or mental disability, or
25    national origin, the defendant committed the offense
26    against (i) the person or property of that individual;

 

 

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1    (ii) the person or property of a person who has an
2    association with, is married to, or has a friendship with
3    the other individual; or (iii) the person or property of a
4    relative (by blood or marriage) of a person described in
5    clause (i) or (ii). For the purposes of this Section,
6    "sexual orientation" has the meaning ascribed to it in
7    paragraph (O-1) of Section 1-103 of the Illinois Human
8    Rights Act;
9        (11) the offense took place in a place of worship or on
10    the grounds of a place of worship, immediately prior to,
11    during or immediately following worship services. For
12    purposes of this subparagraph, "place of worship" shall
13    mean any church, synagogue or other building, structure or
14    place used primarily for religious worship;
15        (12) the defendant was convicted of a felony committed
16    while he was on pretrial release or his own recognizance
17    pending trial for a prior felony and was convicted of such
18    prior felony, or the defendant was convicted of a felony
19    committed while he was serving a period of probation,
20    conditional discharge, or mandatory supervised release
21    under subsection (d) of Section 5-8-1 for a prior felony;
22        (13) the defendant committed or attempted to commit a
23    felony while he was wearing a bulletproof vest. For the
24    purposes of this paragraph (13), a bulletproof vest is any
25    device which is designed for the purpose of protecting the
26    wearer from bullets, shot or other lethal projectiles;

 

 

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1        (14) the defendant held a position of trust or
2    supervision such as, but not limited to, family member as
3    defined in Section 11-0.1 of the Criminal Code of 2012,
4    teacher, scout leader, baby sitter, or day care worker, in
5    relation to a victim under 18 years of age, and the
6    defendant committed an offense in violation of Section
7    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
8    11-14.4 except for an offense that involves keeping a
9    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
10    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
11    or 12-16 of the Criminal Code of 1961 or the Criminal Code
12    of 2012 against that victim;
13        (15) the defendant committed an offense related to the
14    activities of an organized gang. For the purposes of this
15    factor, "organized gang" has the meaning ascribed to it in
16    Section 10 of the Streetgang Terrorism Omnibus Prevention
17    Act;
18        (16) the defendant committed an offense in violation
19    of one of the following Sections while in a school,
20    regardless of the time of day or time of year; on any
21    conveyance owned, leased, or contracted by a school to
22    transport students to or from school or a school related
23    activity; on the real property of a school; or on a public
24    way within 1,000 feet of the real property comprising any
25    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
26    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

 

 

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1    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
2    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
3    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
4    for subdivision (a)(4) or (g)(1), of the Criminal Code of
5    1961 or the Criminal Code of 2012;
6        (16.5) the defendant committed an offense in violation
7    of one of the following Sections while in a day care
8    center, regardless of the time of day or time of year; on
9    the real property of a day care center, regardless of the
10    time of day or time of year; or on a public way within
11    1,000 feet of the real property comprising any day care
12    center, regardless of the time of day or time of year:
13    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
14    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
15    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
16    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
17    18-2, or 33A-2, or Section 12-3.05 except for subdivision
18    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
19    Criminal Code of 2012;
20        (17) the defendant committed the offense by reason of
21    any person's activity as a community policing volunteer or
22    to prevent any person from engaging in activity as a
23    community policing volunteer. For the purpose of this
24    Section, "community policing volunteer" has the meaning
25    ascribed to it in Section 2-3.5 of the Criminal Code of
26    2012;

 

 

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1        (18) the defendant committed the offense in a nursing
2    home or on the real property comprising a nursing home.
3    For the purposes of this paragraph (18), "nursing home"
4    means a skilled nursing or intermediate long term care
5    facility that is subject to license by the Illinois
6    Department of Public Health under the Nursing Home Care
7    Act, the Specialized Mental Health Rehabilitation Act of
8    2013, the ID/DD Community Care Act, or the MC/DD Act;
9        (19) the defendant was a federally licensed firearm
10    dealer and was previously convicted of a violation of
11    subsection (a) of Section 3 of the Firearm Owners
12    Identification Card Act and has now committed either a
13    felony violation of the Firearm Owners Identification Card
14    Act or an act of armed violence while armed with a firearm;
15        (20) the defendant (i) committed the offense of
16    reckless homicide under Section 9-3 of the Criminal Code
17    of 1961 or the Criminal Code of 2012 or the offense of
18    driving under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds or any
20    combination thereof under Section 11-501 of the Illinois
21    Vehicle Code or a similar provision of a local ordinance
22    and (ii) was operating a motor vehicle in excess of 20
23    miles per hour over the posted speed limit as provided in
24    Article VI of Chapter 11 of the Illinois Vehicle Code;
25        (21) the defendant (i) committed the offense of
26    reckless driving or aggravated reckless driving under

 

 

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1    Section 11-503 of the Illinois Vehicle Code and (ii) was
2    operating a motor vehicle in excess of 20 miles per hour
3    over the posted speed limit as provided in Article VI of
4    Chapter 11 of the Illinois Vehicle Code;
5        (22) the defendant committed the offense against a
6    person that the defendant knew, or reasonably should have
7    known, was a member of the Armed Forces of the United
8    States serving on active duty. For purposes of this clause
9    (22), the term "Armed Forces" means any of the Armed
10    Forces of the United States, including a member of any
11    reserve component thereof or National Guard unit called to
12    active duty;
13        (23) the defendant committed the offense against a
14    person who was elderly or infirm or who was a person with a
15    disability by taking advantage of a family or fiduciary
16    relationship with the elderly or infirm person or person
17    with a disability;
18        (24) the defendant committed any offense under Section
19    11-20.1 of the Criminal Code of 1961 or the Criminal Code
20    of 2012 and possessed 100 or more images;
21        (25) the defendant committed the offense while the
22    defendant or the victim was in a train, bus, or other
23    vehicle used for public transportation;
24        (26) the defendant committed the offense of child
25    pornography or aggravated child pornography, specifically
26    including paragraph (1), (2), (3), (4), (5), or (7) of

 

 

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1    subsection (a) of Section 11-20.1 of the Criminal Code of
2    1961 or the Criminal Code of 2012 where a child engaged in,
3    solicited for, depicted in, or posed in any act of sexual
4    penetration or bound, fettered, or subject to sadistic,
5    masochistic, or sadomasochistic abuse in a sexual context
6    and specifically including paragraph (1), (2), (3), (4),
7    (5), or (7) of subsection (a) of Section 11-20.1B or
8    Section 11-20.3 of the Criminal Code of 1961 where a child
9    engaged in, solicited for, depicted in, or posed in any
10    act of sexual penetration or bound, fettered, or subject
11    to sadistic, masochistic, or sadomasochistic abuse in a
12    sexual context;
13        (27) the defendant committed the offense of first
14    degree murder, assault, aggravated assault, battery,
15    aggravated battery, robbery, armed robbery, or aggravated
16    robbery against a person who was a veteran and the
17    defendant knew, or reasonably should have known, that the
18    person was a veteran performing duties as a representative
19    of a veterans' organization. For the purposes of this
20    paragraph (27), "veteran" means an Illinois resident who
21    has served as a member of the United States Armed Forces, a
22    member of the Illinois National Guard, or a member of the
23    United States Reserve Forces; and "veterans' organization"
24    means an organization comprised of members of which
25    substantially all are individuals who are veterans or
26    spouses, widows, or widowers of veterans, the primary

 

 

HB2891- 26 -LRB103 04648 RLC 52533 b

1    purpose of which is to promote the welfare of its members
2    and to provide assistance to the general public in such a
3    way as to confer a public benefit;
4        (28) the defendant committed the offense of assault,
5    aggravated assault, battery, aggravated battery, robbery,
6    armed robbery, or aggravated robbery against a person that
7    the defendant knew or reasonably should have known was a
8    letter carrier or postal worker while that person was
9    performing his or her duties delivering mail for the
10    United States Postal Service;
11        (29) the defendant committed the offense of criminal
12    sexual assault, aggravated criminal sexual assault,
13    criminal sexual abuse, or aggravated criminal sexual abuse
14    against a victim with an intellectual disability, and the
15    defendant holds a position of trust, authority, or
16    supervision in relation to the victim;
17        (30) the defendant committed the offense of promoting
18    juvenile prostitution, patronizing a prostitute, or
19    patronizing a minor engaged in prostitution and at the
20    time of the commission of the offense knew that the
21    prostitute or minor engaged in prostitution was in the
22    custody or guardianship of the Department of Children and
23    Family Services;
24        (31) the defendant (i) committed the offense of
25    driving while under the influence of alcohol, other drug
26    or drugs, intoxicating compound or compounds or any

 

 

HB2891- 27 -LRB103 04648 RLC 52533 b

1    combination thereof in violation of Section 11-501 of the
2    Illinois Vehicle Code or a similar provision of a local
3    ordinance and (ii) the defendant during the commission of
4    the offense was driving his or her vehicle upon a roadway
5    designated for one-way traffic in the opposite direction
6    of the direction indicated by official traffic control
7    devices;
8        (32) the defendant committed the offense of reckless
9    homicide while committing a violation of Section 11-907 of
10    the Illinois Vehicle Code;
11        (33) the defendant was found guilty of an
12    administrative infraction related to an act or acts of
13    public indecency or sexual misconduct in the penal
14    institution. In this paragraph (33), "penal institution"
15    has the same meaning as in Section 2-14 of the Criminal
16    Code of 2012; or
17        (34) the defendant committed the offense of leaving
18    the scene of a crash in violation of subsection (b) of
19    Section 11-401 of the Illinois Vehicle Code and the crash
20    resulted in the death of a person and at the time of the
21    offense, the defendant was: (i) driving under the
22    influence of alcohol, other drug or drugs, intoxicating
23    compound or compounds or any combination thereof as
24    defined by Section 11-501 of the Illinois Vehicle Code; or
25    (ii) operating the motor vehicle while using an electronic
26    communication device as defined in Section 12-610.2 of the

 

 

HB2891- 28 -LRB103 04648 RLC 52533 b

1    Illinois Vehicle Code; or .
2        (35) the defendant committed the offense of first
3    degree murder during the commission of a violation of
4    Section 18-7 of the Criminal Code of 2012.
5    For the purposes of this Section:
6    "School" is defined as a public or private elementary or
7secondary school, community college, college, or university.
8    "Day care center" means a public or private State
9certified and licensed day care center as defined in Section
102.09 of the Child Care Act of 1969 that displays a sign in
11plain view stating that the property is a day care center.
12    "Intellectual disability" means significantly subaverage
13intellectual functioning which exists concurrently with
14impairment in adaptive behavior.
15    "Public transportation" means the transportation or
16conveyance of persons by means available to the general
17public, and includes paratransit services.
18    "Traffic control devices" means all signs, signals,
19markings, and devices that conform to the Illinois Manual on
20Uniform Traffic Control Devices, placed or erected by
21authority of a public body or official having jurisdiction,
22for the purpose of regulating, warning, or guiding traffic.
23    (b) The following factors, related to all felonies, may be
24considered by the court as reasons to impose an extended term
25sentence under Section 5-8-2 upon any offender:
26        (1) When a defendant is convicted of any felony, after

 

 

HB2891- 29 -LRB103 04648 RLC 52533 b

1    having been previously convicted in Illinois or any other
2    jurisdiction of the same or similar class felony or
3    greater class felony, when such conviction has occurred
4    within 10 years after the previous conviction, excluding
5    time spent in custody, and such charges are separately
6    brought and tried and arise out of different series of
7    acts; or
8        (2) When a defendant is convicted of any felony and
9    the court finds that the offense was accompanied by
10    exceptionally brutal or heinous behavior indicative of
11    wanton cruelty; or
12        (3) When a defendant is convicted of any felony
13    committed against:
14            (i) a person under 12 years of age at the time of
15        the offense or such person's property;
16            (ii) a person 60 years of age or older at the time
17        of the offense or such person's property; or
18            (iii) a person who had a physical disability at
19        the time of the offense or such person's property; or
20        (4) When a defendant is convicted of any felony and
21    the offense involved any of the following types of
22    specific misconduct committed as part of a ceremony, rite,
23    initiation, observance, performance, practice or activity
24    of any actual or ostensible religious, fraternal, or
25    social group:
26            (i) the brutalizing or torturing of humans or

 

 

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1        animals;
2            (ii) the theft of human corpses;
3            (iii) the kidnapping of humans;
4            (iv) the desecration of any cemetery, religious,
5        fraternal, business, governmental, educational, or
6        other building or property; or
7            (v) ritualized abuse of a child; or
8        (5) When a defendant is convicted of a felony other
9    than conspiracy and the court finds that the felony was
10    committed under an agreement with 2 or more other persons
11    to commit that offense and the defendant, with respect to
12    the other individuals, occupied a position of organizer,
13    supervisor, financier, or any other position of management
14    or leadership, and the court further finds that the felony
15    committed was related to or in furtherance of the criminal
16    activities of an organized gang or was motivated by the
17    defendant's leadership in an organized gang; or
18        (6) When a defendant is convicted of an offense
19    committed while using a firearm with a laser sight
20    attached to it. For purposes of this paragraph, "laser
21    sight" has the meaning ascribed to it in Section 26-7 of
22    the Criminal Code of 2012; or
23        (7) When a defendant who was at least 17 years of age
24    at the time of the commission of the offense is convicted
25    of a felony and has been previously adjudicated a
26    delinquent minor under the Juvenile Court Act of 1987 for

 

 

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1    an act that if committed by an adult would be a Class X or
2    Class 1 felony when the conviction has occurred within 10
3    years after the previous adjudication, excluding time
4    spent in custody; or
5        (8) When a defendant commits any felony and the
6    defendant used, possessed, exercised control over, or
7    otherwise directed an animal to assault a law enforcement
8    officer engaged in the execution of his or her official
9    duties or in furtherance of the criminal activities of an
10    organized gang in which the defendant is engaged; or
11        (9) When a defendant commits any felony and the
12    defendant knowingly video or audio records the offense
13    with the intent to disseminate the recording.
14    (c) The following factors may be considered by the court
15as reasons to impose an extended term sentence under Section
165-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
17offenses:
18        (1) When a defendant is convicted of first degree
19    murder, after having been previously convicted in Illinois
20    of any offense listed under paragraph (c)(2) of Section
21    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
22    occurred within 10 years after the previous conviction,
23    excluding time spent in custody, and the charges are
24    separately brought and tried and arise out of different
25    series of acts.
26        (1.5) When a defendant is convicted of first degree

 

 

HB2891- 32 -LRB103 04648 RLC 52533 b

1    murder, after having been previously convicted of domestic
2    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
3    (720 ILCS 5/12-3.3) committed on the same victim or after
4    having been previously convicted of violation of an order
5    of protection (720 ILCS 5/12-30) in which the same victim
6    was the protected person.
7        (2) When a defendant is convicted of voluntary
8    manslaughter, second degree murder, involuntary
9    manslaughter, or reckless homicide in which the defendant
10    has been convicted of causing the death of more than one
11    individual.
12        (3) When a defendant is convicted of aggravated
13    criminal sexual assault or criminal sexual assault, when
14    there is a finding that aggravated criminal sexual assault
15    or criminal sexual assault was also committed on the same
16    victim by one or more other individuals, and the defendant
17    voluntarily participated in the crime with the knowledge
18    of the participation of the others in the crime, and the
19    commission of the crime was part of a single course of
20    conduct during which there was no substantial change in
21    the nature of the criminal objective.
22        (4) If the victim was under 18 years of age at the time
23    of the commission of the offense, when a defendant is
24    convicted of aggravated criminal sexual assault or
25    predatory criminal sexual assault of a child under
26    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

 

 

HB2891- 33 -LRB103 04648 RLC 52533 b

1    of Section 12-14.1 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
3        (5) When a defendant is convicted of a felony
4    violation of Section 24-1 of the Criminal Code of 1961 or
5    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
6    finding that the defendant is a member of an organized
7    gang.
8        (6) When a defendant was convicted of unlawful use of
9    weapons under Section 24-1 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
11    a weapon that is not readily distinguishable as one of the
12    weapons enumerated in Section 24-1 of the Criminal Code of
13    1961 or the Criminal Code of 2012 (720 ILCS 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
22    is killed or injured at the scene of the offense while
23    responding to the emergency caused by the commission of
24    the offense. In this paragraph, "emergency" means a
25    situation in which a person's life, health, or safety is
26    in jeopardy; and "emergency response officer" means a

 

 

HB2891- 34 -LRB103 04648 RLC 52533 b

1    peace officer, community policing volunteer, fireman,
2    emergency medical 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.
7        (8) When the defendant is convicted of attempted mob
8    action, solicitation to commit mob action, or conspiracy
9    to commit mob action under Section 8-1, 8-2, or 8-4 of the
10    Criminal Code of 2012, where the criminal object is a
11    violation of Section 25-1 of the Criminal Code of 2012,
12    and an electronic communication is used in the commission
13    of the offense. For the purposes of this paragraph (8),
14    "electronic communication" shall have the meaning provided
15    in Section 26.5-0.1 of the Criminal Code of 2012.
16    (d) For the purposes of this Section, "organized gang" has
17the meaning ascribed to it in Section 10 of the Illinois
18Streetgang Terrorism Omnibus Prevention Act.
19    (e) The court may impose an extended term sentence under
20Article 4.5 of Chapter V upon an offender who has been
21convicted of a felony violation of Section 11-1.20, 11-1.30,
2211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
24when the victim of the offense is under 18 years of age at the
25time of the commission of the offense and, during the
26commission of the offense, the victim was under the influence

 

 

HB2891- 35 -LRB103 04648 RLC 52533 b

1of alcohol, regardless of whether or not the alcohol was
2supplied by the offender; and the offender, at the time of the
3commission of the offense, knew or should have known that the
4victim had consumed alcohol.
5(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
6101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
78-20-21; 102-982, eff. 7-1-23.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.