Sen. Don Harmon
Filed: 3/21/2006
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1 | AMENDMENT TO HOUSE BILL 4238
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2 | AMENDMENT NO. ______. Amend House Bill 4238 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 5-1071 as follows:
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6 | (55 ILCS 5/5-1071) (from Ch. 34, par. 5-1071)
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7 | Sec. 5-1071. Dogs running at large. The county board of | ||||||
8 | each county
may regulate and prohibit the running at large of | ||||||
9 | dogs in unincorporated
areas of the county which have been | ||||||
10 | subdivided for residence purposes. The
county board may impose | ||||||
11 | such fines or penalties as are deemed proper to
effectuate any | ||||||
12 | such regulation or prohibition of dogs running at large,
except | ||||||
13 | when a fine or penalty is already allowed by law. No fine or | ||||||
14 | penalty
may exceed $50 for any one offense.
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15 | (Source: P.A. 86-962.)
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16 | Section 10. The Animal Control Act is amended by changing | ||||||
17 | Sections 16 and 26 and by adding Section 9.5 as follows: | ||||||
18 | (510 ILCS 5/9.5 new)
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19 | Sec. 9.5. Dogs hunting; in dog parks. A dog that is | ||||||
20 | actively engaged in a legal hunting activity or field trials, | ||||||
21 | including training, is not considered to be running at large if | ||||||
22 | the dog is monitored or supervised by a person and the dog is |
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1 | on land that is open to hunting or on land with respect to | ||||||
2 | which the person has obtained written permission to hunt or | ||||||
3 | train a dog. A dog that is in a dog-friendly area of a park or | ||||||
4 | in a dog park is not considered to be running at large if the | ||||||
5 | dog is monitored or supervised by a person.
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6 | (510 ILCS 5/16) (from Ch. 8, par. 366)
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7 | Sec. 16. Animal attacks or injuries.
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8 | (a) If a dog or other animal, without provocation, attacks | ||||||
9 | or injures , whether directly or proximately, any
person who is | ||||||
10 | peaceably conducting himself or herself in any place where he | ||||||
11 | or she may
lawfully be, the owner of such dog or other animal | ||||||
12 | is liable in civil damages to
such person for the full amount | ||||||
13 | of the injury sustained. For purposes of imposing liability | ||||||
14 | under this subsection, an animal pound, animal control | ||||||
15 | facility, animal shelter, or other animal rescue group is not | ||||||
16 | the owner of any animal that has been adopted.
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17 | (b) Except for willful and wanton misconduct, non-profit | ||||||
18 | organizations, including animal shelters and rescue groups, | ||||||
19 | and municipalities and other units of local government that | ||||||
20 | operate animal control agencies are not liable for attacks or | ||||||
21 | injuries that may occur after an animal is adopted.
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22 | (Source: P.A. 78-795.)
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23 | (510 ILCS 5/26) (from Ch. 8, par. 376)
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24 | Sec. 26. (a) Except as otherwise provided in this Act, any
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25 | Any person violating or aiding in or abetting the violation
of | ||||||
26 | any provision of this Act, or counterfeiting or forging any | ||||||
27 | certificate,
permit, or tag, or making any misrepresentation in | ||||||
28 | regard to any matter
prescribed by this Act, or resisting, | ||||||
29 | obstructing, or impeding the
Administrator or any authorized | ||||||
30 | officer in enforcing this Act, or refusing
to produce for | ||||||
31 | inoculation any dog in his possession, or who removes a tag | ||||||
32 | from
a dog for purposes of
destroying or concealing its |
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1 | identity, is guilty of a Class C misdemeanor for a
first | ||||||
2 | offense and for a subsequent offense, is guilty of a Class B
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3 | misdemeanor.
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4 | Each day a person fails to comply constitutes a separate | ||||||
5 | offense. Each
State's Attorney to whom the Administrator | ||||||
6 | reports any violation of this
Act shall cause appropriate | ||||||
7 | proceedings to be instituted in the proper
courts without delay | ||||||
8 | and to be prosecuted in the manner provided by law.
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9 | (b) If the owner of a vicious dog subject to enclosure:
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10 | (1) fails to maintain or keep the dog in an enclosure | ||||||
11 | or fails to spay
or neuter the dog within the time period | ||||||
12 | prescribed; and
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13 | (2) the dog inflicts serious physical injury upon any | ||||||
14 | other person or causes the death of
another person; and
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15 | (3) the attack is unprovoked in a place where such | ||||||
16 | person is peaceably
conducting himself or herself and where | ||||||
17 | such person may lawfully be;
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18 | the owner shall
be guilty of a Class 3
Class 4 felony, unless | ||||||
19 | the owner knowingly
allowed the
dog to run at large or failed | ||||||
20 | to take steps to keep the dog in an enclosure
then the owner | ||||||
21 | shall be guilty of a Class 2
Class 3 felony. The penalty
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22 | provided in
this paragraph shall be in addition to any other | ||||||
23 | criminal or civil sanction
provided by law.
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24 | (c) If the owner of a dangerous dog knowingly fails to | ||||||
25 | comply with any
order
regarding the dog and the dog inflicts | ||||||
26 | serious physical
injury on a person or a companion animal, the | ||||||
27 | owner shall be guilty of a Class 4 felony
Class
A misdemeanor . | ||||||
28 | If the
owner of a dangerous dog knowingly fails to comply with | ||||||
29 | any order regarding the
dog and
the dog kills a person the | ||||||
30 | owner shall be guilty of a Class 3
Class 4 felony.
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31 | (d) If the owner of a dog knowingly allows it to run at | ||||||
32 | large in violation of this Act as specified in Section 9 and | ||||||
33 | the dog inflicts serious physical injury, as defined in this | ||||||
34 | Act, or death to a person, the owner is guilty of a Class A |
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1 | misdemeanor. This subsection does not apply to a police dog | ||||||
2 | that inflicts physical or serious physical injury to a person | ||||||
3 | in the course of its duties. A good faith effort to retrieve | ||||||
4 | the dog in a timely fashion is an affirmative defense to this | ||||||
5 | subsection (d).
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6 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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7 | Section 15. The Unified Code of Corrections is amended by | ||||||
8 | changing Section 5-5-3.2 as follows:
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9 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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10 | Sec. 5-5-3.2. Factors in Aggravation.
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11 | (a) The following factors shall be accorded weight in favor | ||||||
12 | of
imposing a term of imprisonment or may be considered by the | ||||||
13 | court as reasons
to impose a more severe sentence under Section | ||||||
14 | 5-8-1:
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15 | (1) the defendant's conduct caused or threatened | ||||||
16 | serious harm;
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17 | (2) the defendant received compensation for committing | ||||||
18 | the offense;
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19 | (3) the defendant has a history of prior delinquency or | ||||||
20 | criminal activity;
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21 | (4) the defendant, by the duties of his office or by | ||||||
22 | his position,
was obliged to prevent the particular offense | ||||||
23 | committed or to bring
the offenders committing it to | ||||||
24 | justice;
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25 | (5) the defendant held public office at the time of the | ||||||
26 | offense,
and the offense related to the conduct of that | ||||||
27 | office;
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28 | (6) the defendant utilized his professional reputation | ||||||
29 | or
position in the community to commit the offense, or to | ||||||
30 | afford
him an easier means of committing it;
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31 | (7) the sentence is necessary to deter others from | ||||||
32 | committing
the same crime;
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1 | (8) the defendant committed the offense against a | ||||||
2 | person 60 years of age
or older or such person's property;
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3 | (9) the defendant committed the offense against a | ||||||
4 | person who is
physically handicapped or such person's | ||||||
5 | property;
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6 | (10) by reason of another individual's actual or | ||||||
7 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
8 | sexual orientation, physical or mental
disability, or | ||||||
9 | national origin, the defendant committed the offense | ||||||
10 | against (i)
the person or property
of that individual; (ii) | ||||||
11 | the person or property of a person who has an
association | ||||||
12 | with, is married to, or has a friendship with the other | ||||||
13 | individual;
or (iii) the person or property of a relative | ||||||
14 | (by blood or marriage) of a
person described in clause (i) | ||||||
15 | or (ii). For the purposes of this Section,
"sexual | ||||||
16 | orientation" means heterosexuality, homosexuality, or | ||||||
17 | bisexuality;
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18 | (11) the offense took place in a place of worship or on | ||||||
19 | the
grounds of a place of worship, immediately prior to, | ||||||
20 | during or immediately
following worship services. For | ||||||
21 | purposes of this subparagraph, "place of
worship" shall | ||||||
22 | mean any church, synagogue or other building, structure or
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23 | place used primarily for religious worship;
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24 | (12) the defendant was convicted of a felony committed | ||||||
25 | while he was
released on bail or his own recognizance | ||||||
26 | pending trial for a prior felony
and was convicted of such | ||||||
27 | prior felony, or the defendant was convicted of a
felony | ||||||
28 | committed while he was serving a period of probation,
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29 | conditional discharge, or mandatory supervised release | ||||||
30 | under subsection (d)
of Section 5-8-1
for a prior felony;
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31 | (13) the defendant committed or attempted to commit a | ||||||
32 | felony while he
was wearing a bulletproof vest. For the | ||||||
33 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
34 | device which is designed for the purpose of
protecting the |
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1 | wearer from bullets, shot or other lethal projectiles;
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2 | (14) the defendant held a position of trust or | ||||||
3 | supervision such as, but
not limited to, family member as | ||||||
4 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
5 | teacher, scout leader, baby sitter, or day care worker, in
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6 | relation to a victim under 18 years of age, and the | ||||||
7 | defendant committed an
offense in violation of Section | ||||||
8 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
9 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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10 | against
that victim;
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11 | (15) the defendant committed an offense related to the | ||||||
12 | activities of an
organized gang. For the purposes of this | ||||||
13 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
14 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
15 | Act;
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16 | (16) the defendant committed an offense in violation of | ||||||
17 | one of the
following Sections while in a school, regardless | ||||||
18 | of the time of day or time of
year; on any conveyance | ||||||
19 | owned, leased, or contracted by a school to transport
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20 | students to or from school or a school related activity; on | ||||||
21 | the real property
of a school; or on a public way within | ||||||
22 | 1,000 feet of the real property
comprising any school: | ||||||
23 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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24 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
25 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
26 | 33A-2 of the Criminal Code of
1961;
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27 | (16.5) the defendant committed an offense in violation | ||||||
28 | of one of the
following Sections while in a day care | ||||||
29 | center, regardless of the time of day or
time of year; on | ||||||
30 | the real property of a day care center, regardless of the | ||||||
31 | time
of day or time of year; or on a public
way within | ||||||
32 | 1,000 feet of the real property comprising any day care | ||||||
33 | center,
regardless of the time of day or time of year:
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34 | Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
3 | 33A-2 of the Criminal
Code of 1961;
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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;
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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;
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17 | (19) the defendant was a federally licensed firearm | ||||||
18 | dealer
and
was
previously convicted of a violation of | ||||||
19 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
20 | Identification Card Act and has now committed either a | ||||||
21 | felony
violation
of the Firearm Owners Identification Card | ||||||
22 | Act or an act of armed violence while
armed
with a firearm; | ||||||
23 | or | ||||||
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 | ||||||
27 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
28 | compounds or any combination thereof under Section 11-501 | ||||||
29 | of the Illinois Vehicle Code or a similar provision of a | ||||||
30 | local ordinance and (ii) was operating a motor vehicle in | ||||||
31 | excess of 20 miles per hour over the posted speed limit as | ||||||
32 | provided in Article VI of Chapter 11 of the Illinois | ||||||
33 | Vehicle Code ; or .
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34 | (21)
(20) the defendant (i) committed the offense of |
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1 | reckless driving or aggravated reckless driving under | ||||||
2 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
3 | operating a motor vehicle in excess of 20 miles per hour | ||||||
4 | over the posted speed limit as provided in Article VI of | ||||||
5 | Chapter 11 of the Illinois Vehicle Code. | ||||||
6 | For the purposes of this Section:
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7 | "School" is defined as a public or private
elementary or | ||||||
8 | secondary school, community college, college, or university.
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9 | "Day care center" means a public or private State certified | ||||||
10 | and
licensed day care center as defined in Section 2.09 of the | ||||||
11 | Child Care Act of
1969 that displays a sign in plain view | ||||||
12 | stating that the
property is a day care center.
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13 | (b) The following factors may be considered by the court as
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14 | reasons to impose an extended term sentence under Section 5-8-2
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15 | upon any offender:
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16 | (1) When a defendant is convicted of any felony, after | ||||||
17 | having
been previously convicted in Illinois or any other | ||||||
18 | jurisdiction of the
same or similar class felony or greater | ||||||
19 | class felony, when such conviction
has occurred within 10 | ||||||
20 | years after the
previous conviction, excluding time spent | ||||||
21 | in custody, and such charges are
separately brought and | ||||||
22 | tried and arise out of different series of acts; or
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23 | (2) When a defendant is convicted of any felony and the | ||||||
24 | court
finds that the offense was accompanied by | ||||||
25 | exceptionally brutal
or heinous behavior indicative of | ||||||
26 | wanton cruelty; or
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27 | (3) When a defendant is convicted of voluntary | ||||||
28 | manslaughter, second
degree murder, involuntary | ||||||
29 | manslaughter or reckless homicide in which the
defendant | ||||||
30 | has been convicted of causing the death of more than one | ||||||
31 | individual; or
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32 | (4) When a defendant is convicted of any felony | ||||||
33 | committed against:
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34 | (i) a person under 12 years of age at the time of |
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1 | the offense or such
person's property;
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2 | (ii) a person 60 years of age or older at the time | ||||||
3 | of the offense or
such person's property; or
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4 | (iii) a person physically handicapped at the time | ||||||
5 | of the offense or
such person's property; or
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6 | (5) In the case of a defendant convicted of aggravated | ||||||
7 | criminal sexual
assault or criminal sexual assault, when | ||||||
8 | the court finds that
aggravated criminal sexual assault or | ||||||
9 | criminal sexual assault
was also committed on the same | ||||||
10 | victim by one or more other individuals,
and the defendant | ||||||
11 | voluntarily participated in the crime with the knowledge
of | ||||||
12 | the participation of the others in the crime, and the | ||||||
13 | commission of the
crime was part of a single course of | ||||||
14 | conduct during which there was no
substantial change in the | ||||||
15 | nature of the criminal objective; or
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16 | (6) When a defendant is convicted of any felony and the | ||||||
17 | offense
involved any of the following types of specific | ||||||
18 | misconduct committed as
part of a ceremony, rite, | ||||||
19 | initiation, observance, performance, practice or
activity | ||||||
20 | of any actual or ostensible religious, fraternal, or social | ||||||
21 | group:
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22 | (i) the brutalizing or torturing of humans or | ||||||
23 | animals;
| ||||||
24 | (ii) the theft of human corpses;
| ||||||
25 | (iii) the kidnapping of humans;
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26 | (iv) the desecration of any cemetery, religious, | ||||||
27 | fraternal, business,
governmental, educational, or | ||||||
28 | other building or property; or
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29 | (v) ritualized abuse of a child; or
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30 | (7) When a defendant is convicted of first degree | ||||||
31 | murder, after having
been previously convicted in Illinois | ||||||
32 | of any offense listed under paragraph
(c)(2) of Section | ||||||
33 | 5-5-3, when such conviction has occurred within 10 years
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34 | after the previous conviction, excluding time spent in |
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1 | custody,
and such charges are separately brought and tried | ||||||
2 | and arise out of
different series of acts; or
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3 | (8) When a defendant is convicted of a felony other | ||||||
4 | than conspiracy and
the court finds that
the felony was | ||||||
5 | committed under an agreement with 2 or more other persons
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6 | to commit that offense and the defendant, with respect to | ||||||
7 | the other
individuals, occupied a position of organizer, | ||||||
8 | supervisor, financier, or any
other position of management | ||||||
9 | or leadership, and the court further finds that
the felony | ||||||
10 | committed was related to or in furtherance of the criminal
| ||||||
11 | activities of an organized gang or was motivated by the | ||||||
12 | defendant's leadership
in an organized gang; or
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13 | (9) When a defendant is convicted of a felony violation | ||||||
14 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
15 | finds that the defendant is a member
of an organized gang; | ||||||
16 | or
| ||||||
17 | (10) When a defendant committed the offense using a | ||||||
18 | firearm with a
laser sight attached to it. For purposes of | ||||||
19 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
20 | to it in Section 24.6-5 of the Criminal Code of
1961; or
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21 | (11) When a defendant who was at least 17 years of age | ||||||
22 | at the
time of
the commission of the offense is convicted | ||||||
23 | of a felony and has been previously
adjudicated a | ||||||
24 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
25 | an act
that if committed by an adult would be a Class X or | ||||||
26 | Class 1 felony when the
conviction has occurred within 10 | ||||||
27 | years after the previous adjudication,
excluding time | ||||||
28 | spent in custody; or
| ||||||
29 | (12) When a defendant commits an offense involving the | ||||||
30 | illegal
manufacture of a controlled substance under | ||||||
31 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
32 | illegal manufacture of methamphetamine under Section 25 of | ||||||
33 | the Methamphetamine Control and Community Protection Act, | ||||||
34 | or the illegal possession of explosives and an
emergency |
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1 | response
officer in
the performance of his or her duties is
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2 | killed or injured at the scene of the offense while | ||||||
3 | responding to the
emergency caused by the commission of the | ||||||
4 | offense.
In this paragraph (12),
"emergency" means a | ||||||
5 | situation in which a person's life, health, or safety is
in | ||||||
6 | jeopardy; and
"emergency response officer" means a peace | ||||||
7 | officer, community policing
volunteer, fireman, emergency | ||||||
8 | medical
technician-ambulance, emergency medical | ||||||
9 | technician-intermediate, emergency
medical | ||||||
10 | technician-paramedic, ambulance
driver, other medical | ||||||
11 | assistance or first aid personnel, or hospital emergency
| ||||||
12 | room personnel ; or .
| ||||||
13 | (13) When a defendant commits any felony and the | ||||||
14 | defendant used, possessed, exercised control over, or | ||||||
15 | otherwise directed an animal to assault a law enforcement | ||||||
16 | officer engaged in the execution of his or her official | ||||||
17 | duties or in furtherance of the criminal activities of an | ||||||
18 | organized gang in which the defendant is engaged.
| ||||||
19 | (b-1) For the purposes of this Section, "organized gang" | ||||||
20 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
21 | Streetgang Terrorism Omnibus
Prevention Act.
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22 | (c) The court may impose an extended term sentence under | ||||||
23 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
24 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
25 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
26 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
27 | age at the time of the commission
of the offense.
| ||||||
28 | (d) The court may impose an extended term sentence under | ||||||
29 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
30 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
31 | for possessing a weapon that is not readily
distinguishable as | ||||||
32 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
33 | Code of 1961.
| ||||||
34 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, |
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1 | eff. 9-11-05; revised 8-19-05.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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