HB1504 Engrossed LRB095 10153 RLC 30367 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 12-2, 12-4, 12-4.6, 12-14, 12-16, 12-21, 16-1, 16-1.3,
6 16G-20, 18-1, and 18-4 as follows:
 
7     (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
8     Sec. 12-2. Aggravated assault.
9     (a) A person commits an aggravated assault, when, in
10 committing an assault, he:
11         (1) Uses a deadly weapon or any device manufactured and
12     designed to be substantially similar in appearance to a
13     firearm, other than by discharging a firearm in the
14     direction of another person, a peace officer, a person
15     summoned or directed by a peace officer, a correctional
16     officer or a fireman or in the direction of a vehicle
17     occupied by another person, a peace officer, a person
18     summoned or directed by a peace officer, a correctional
19     officer or a fireman while the officer or fireman is
20     engaged in the execution of any of his official duties, or
21     to prevent the officer or fireman from performing his
22     official duties, or in retaliation for the officer or
23     fireman performing his official duties;

 

 

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1         (2) Is hooded, robed or masked in such manner as to
2     conceal his identity or any device manufactured and
3     designed to be substantially similar in appearance to a
4     firearm;
5         (3) Knows the individual assaulted to be a teacher or
6     other person employed in any school and such teacher or
7     other employee is upon the grounds of a school or grounds
8     adjacent thereto, or is in any part of a building used for
9     school purposes;
10         (4) Knows the individual assaulted to be a supervisor,
11     director, instructor or other person employed in any park
12     district and such supervisor, director, instructor or
13     other employee is upon the grounds of the park or grounds
14     adjacent thereto, or is in any part of a building used for
15     park purposes;
16         (5) Knows the individual assaulted to be a caseworker,
17     investigator, or other person employed by the Department of
18     Healthcare and Family Services (formerly State Department
19     of Public Aid), a County Department of Public Aid, or the
20     Department of Human Services (acting as successor to the
21     Illinois Department of Public Aid under the Department of
22     Human Services Act) and such caseworker, investigator, or
23     other person is upon the grounds of a public aid office or
24     grounds adjacent thereto, or is in any part of a building
25     used for public aid purposes, or upon the grounds of a home
26     of a public aid applicant, recipient or any other person

 

 

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1     being interviewed or investigated in the employees'
2     discharge of his duties, or on grounds adjacent thereto, or
3     is in any part of a building in which the applicant,
4     recipient, or other such person resides or is located;
5         (6) Knows the individual assaulted to be a peace
6     officer, or a community policing volunteer, or a fireman
7     while the officer or fireman is engaged in the execution of
8     any of his official duties, or to prevent the officer,
9     community policing volunteer, or fireman from performing
10     his official duties, or in retaliation for the officer,
11     community policing volunteer, or fireman performing his
12     official duties, and the assault is committed other than by
13     the discharge of a firearm in the direction of the officer
14     or fireman or in the direction of a vehicle occupied by the
15     officer or fireman;
16         (7) Knows the individual assaulted to be an emergency
17     medical technician - ambulance, emergency medical
18     technician - intermediate, emergency medical technician -
19     paramedic, ambulance driver or other medical assistance or
20     first aid personnel engaged in the execution of any of his
21     official duties, or to prevent the emergency medical
22     technician - ambulance, emergency medical technician -
23     intermediate, emergency medical technician - paramedic,
24     ambulance driver, or other medical assistance or first aid
25     personnel from performing his official duties, or in
26     retaliation for the emergency medical technician -

 

 

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1     ambulance, emergency medical technician - intermediate,
2     emergency medical technician - paramedic, ambulance
3     driver, or other medical assistance or first aid personnel
4     performing his official duties;
5         (8) Knows the individual assaulted to be the driver,
6     operator, employee or passenger of any transportation
7     facility or system engaged in the business of
8     transportation of the public for hire and the individual
9     assaulted is then performing in such capacity or then using
10     such public transportation as a passenger or using any area
11     of any description designated by the transportation
12     facility or system as a vehicle boarding, departure, or
13     transfer location;
14         (9) Or the individual assaulted is on or about a public
15     way, public property, or public place of accommodation or
16     amusement;
17         (9.5) Is, or the individual assaulted is, in or about a
18     publicly or privately owned sports or entertainment arena,
19     stadium, community or convention hall, special event
20     center, amusement facility, or a special event center in a
21     public park during any 24-hour period when a professional
22     sporting event, National Collegiate Athletic Association
23     (NCAA)-sanctioned sporting event, United States Olympic
24     Committee-sanctioned sporting event, or International
25     Olympic Committee-sanctioned sporting event is taking
26     place in this venue;

 

 

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1         (10) Knows the individual assaulted to be an employee
2     of the State of Illinois, a municipal corporation therein
3     or a political subdivision thereof, engaged in the
4     performance of his authorized duties as such employee;
5         (11) Knowingly and without legal justification,
6     commits an assault on a physically handicapped person;
7         (12) Knowingly and without legal justification,
8     commits an assault on a person 60 years of age or older;
9         (13) Discharges a firearm;
10         (14) Knows the individual assaulted to be a
11     correctional officer, while the officer is engaged in the
12     execution of any of his or her official duties, or to
13     prevent the officer from performing his or her official
14     duties, or in retaliation for the officer performing his or
15     her official duties;
16         (15) Knows the individual assaulted to be a
17     correctional employee or an employee of the Department of
18     Human Services supervising or controlling sexually
19     dangerous persons or sexually violent persons, while the
20     employee is engaged in the execution of any of his or her
21     official duties, or to prevent the employee from performing
22     his or her official duties, or in retaliation for the
23     employee performing his or her official duties, and the
24     assault is committed other than by the discharge of a
25     firearm in the direction of the employee or in the
26     direction of a vehicle occupied by the employee;

 

 

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1         (16) Knows the individual assaulted to be an employee
2     of a police or sheriff's department engaged in the
3     performance of his or her official duties as such employee;
4     or
5         (17) Knows the individual assaulted to be a sports
6     official or coach at any level of competition and the act
7     causing the assault to the sports official or coach
8     occurred within an athletic facility or an indoor or
9     outdoor playing field or within the immediate vicinity of
10     the athletic facility or an indoor or outdoor playing field
11     at which the sports official or coach was an active
12     participant in the athletic contest held at the athletic
13     facility. For the purposes of this paragraph (17), "sports
14     official" means a person at an athletic contest who
15     enforces the rules of the contest, such as an umpire or
16     referee; and "coach" means a person recognized as a coach
17     by the sanctioning authority that conducted the athletic
18     contest; or .
19         (18) Knows the individual assaulted to be an emergency
20     management worker, while the emergency management worker
21     is engaged in the execution of any of his or her official
22     duties, or to prevent the emergency management worker from
23     performing his or her official duties, or in retaliation
24     for the emergency management worker performing his or her
25     official duties, and the assault is committed other than by
26     the discharge of a firearm in the direction of the

 

 

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1     emergency management worker or in the direction of a
2     vehicle occupied by the emergency management worker.
3     (a-5) A person commits an aggravated assault when he or she
4 knowingly and without lawful justification shines or flashes a
5 laser gunsight or other laser device that is attached or
6 affixed to a firearm, or used in concert with a firearm, so
7 that the laser beam strikes near or in the immediate vicinity
8 of any person.
9     (b) Sentence.
10     Aggravated assault as defined in paragraphs (1) through (5)
11 and (8) through (11) (12) and (17) of subsection (a) of this
12 Section is a Class A misdemeanor. Aggravated assault as defined
13 in paragraphs (12), (13), (14), and (15) of subsection (a) of
14 this Section and as defined in subsection (a-5) of this Section
15 is a Class 4 felony. Aggravated assault as defined in
16 paragraphs (6), (7), (16), and (18) of subsection (a) of this
17 Section is a Class A misdemeanor if a firearm is not used in
18 the commission of the assault. Aggravated assault as defined in
19 paragraphs (6), (7), (16), and (18) of subsection (a) of this
20 Section is a Class 4 felony if a firearm is used in the
21 commission of the assault.
22 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
23 eff. 1-1-06; revised 12-15-05.)
 
24     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
25     Sec. 12-4. Aggravated Battery.

 

 

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1     (a) A person who, in committing a battery, intentionally or
2 knowingly causes great bodily harm, or permanent disability or
3 disfigurement commits aggravated battery.
4     (b) In committing a battery, a person commits aggravated
5 battery if he or she:
6         (1) Uses a deadly weapon other than by the discharge of
7     a firearm;
8         (2) Is hooded, robed or masked, in such manner as to
9     conceal his identity;
10         (3) Knows the individual harmed to be a teacher or
11     other person employed in any school and such teacher or
12     other employee is upon the grounds of a school or grounds
13     adjacent thereto, or is in any part of a building used for
14     school purposes;
15         (4) (Blank);
16         (5) (Blank);
17         (6) Knows the individual harmed to be a community
18     policing volunteer while such volunteer is engaged in the
19     execution of any official duties, or to prevent the
20     volunteer from performing official duties, or in
21     retaliation for the volunteer performing official duties,
22     and the battery is committed other than by the discharge of
23     a firearm;
24         (7) Knows the individual harmed to be an emergency
25     medical technician - ambulance, emergency medical
26     technician - intermediate, emergency medical technician -

 

 

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1     paramedic, ambulance driver, other medical assistance,
2     first aid personnel, or hospital personnel engaged in the
3     performance of any of his or her official duties, or to
4     prevent the emergency medical technician - ambulance,
5     emergency medical technician - intermediate, emergency
6     medical technician - paramedic, ambulance driver, other
7     medical assistance, first aid personnel, or hospital
8     personnel from performing official duties, or in
9     retaliation for performing official duties;
10         (8) Is, or the person battered is, on or about a public
11     way, public property or public place of accommodation or
12     amusement;
13         (8.5) Is, or the person battered is, on a publicly or
14     privately owned sports or entertainment arena, stadium,
15     community or convention hall, special event center,
16     amusement facility, or a special event center in a public
17     park during any 24-hour period when a professional sporting
18     event, National Collegiate Athletic Association
19     (NCAA)-sanctioned sporting event, United States Olympic
20     Committee-sanctioned sporting event, or International
21     Olympic Committee-sanctioned sporting event is taking
22     place in this venue;
23         (9) Knows the individual harmed to be the driver,
24     operator, employee or passenger of any transportation
25     facility or system engaged in the business of
26     transportation of the public for hire and the individual

 

 

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1     assaulted is then performing in such capacity or then using
2     such public transportation as a passenger or using any area
3     of any description designated by the transportation
4     facility or system as a vehicle boarding, departure, or
5     transfer location;
6         (10) Knows the individual harmed to be an individual of
7     60 years of age or older;
8         (11) Knows the individual harmed is pregnant;
9         (12) Knows the individual harmed to be a judge whom the
10     person intended to harm as a result of the judge's
11     performance of his or her official duties as a judge;
12         (13) (Blank);
13         (14) Knows the individual harmed to be a person who is
14     physically handicapped;
15         (15) Knowingly and without legal justification and by
16     any means causes bodily harm to a merchant who detains the
17     person for an alleged commission of retail theft under
18     Section 16A-5 of this Code. In this item (15), "merchant"
19     has the meaning ascribed to it in Section 16A-2.4 of this
20     Code;
21         (16) Is, or the person battered is, in any building or
22     other structure used to provide shelter or other services
23     to victims or to the dependent children of victims of
24     domestic violence pursuant to the Illinois Domestic
25     Violence Act of 1986 or the Domestic Violence Shelters Act,
26     or the person battered is within 500 feet of such a

 

 

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1     building or other structure while going to or from such a
2     building or other structure. "Domestic violence" has the
3     meaning ascribed to it in Section 103 of the Illinois
4     Domestic Violence Act of 1986. "Building or other structure
5     used to provide shelter" has the meaning ascribed to
6     "shelter" in Section 1 of the Domestic Violence Shelters
7     Act;
8         (17) (Blank); or
9         (18) Knows the individual harmed to be an officer or
10     employee of the State of Illinois, a unit of local
11     government, or school district engaged in the performance
12     of his or her authorized duties as such officer or
13     employee; or .
14         (19) (18) Knows the individual harmed to be an
15     emergency management worker engaged in the performance of
16     any of his or her official duties, or to prevent the
17     emergency management worker from performing official
18     duties, or in retaliation for the emergency management
19     worker performing official duties.
20     For the purpose of paragraph (14) of subsection (b) of this
21 Section, a physically handicapped person is a person who
22 suffers from a permanent and disabling physical
23 characteristic, resulting from disease, injury, functional
24 disorder or congenital condition.
25     (c) A person who administers to an individual or causes him
26 to take, without his consent or by threat or deception, and for

 

 

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1 other than medical purposes, any intoxicating, poisonous,
2 stupefying, narcotic, anesthetic, or controlled substance
3 commits aggravated battery.
4     (d) A person who knowingly gives to another person any food
5 that contains any substance or object that is intended to cause
6 physical injury if eaten, commits aggravated battery.
7     (d-3) A person commits aggravated battery when he or she
8 knowingly and without lawful justification shines or flashes a
9 laser gunsight or other laser device that is attached or
10 affixed to a firearm, or used in concert with a firearm, so
11 that the laser beam strikes upon or against the person of
12 another.
13     (d-5) An inmate of a penal institution or a sexually
14 dangerous person or a sexually violent person in the custody of
15 the Department of Human Services who causes or attempts to
16 cause a correctional employee of the penal institution or an
17 employee of the Department of Human Services to come into
18 contact with blood, seminal fluid, urine, or feces, by
19 throwing, tossing, or expelling that fluid or material commits
20 aggravated battery. For purposes of this subsection (d-5),
21 "correctional employee" means a person who is employed by a
22 penal institution.
23     (e) Sentence.
24         (1) Except as otherwise provided in paragraphs (2), and
25     (3), and (4) aggravated battery is a Class 3 felony.
26         (2) Aggravated battery that does not cause great bodily

 

 

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1     harm or permanent disability or disfigurement is a Class 2
2     felony when the person knows the individual harmed to be a
3     peace officer, a community policing volunteer, a
4     correctional institution employee, an employee of the
5     Department of Human Services supervising or controlling
6     sexually dangerous persons or sexually violent persons, or
7     a fireman while such officer, volunteer, employee, or
8     fireman is engaged in the execution of any official duties
9     including arrest or attempted arrest, or to prevent the
10     officer, volunteer, employee, or fireman from performing
11     official duties, or in retaliation for the officer,
12     volunteer, employee, or fireman performing official
13     duties, and the battery is committed other than by the
14     discharge of a firearm.
15         (3) Aggravated battery that causes great bodily harm or
16     permanent disability or disfigurement in violation of
17     subsection (a) is a Class 1 felony when the person knows
18     the individual harmed to be a peace officer, a community
19     policing volunteer, a correctional institution employee,
20     an employee of the Department of Human Services supervising
21     or controlling sexually dangerous persons or sexually
22     violent persons, or a fireman while such officer,
23     volunteer, employee, or fireman is engaged in the execution
24     of any official duties including arrest or attempted
25     arrest, or to prevent the officer, volunteer, employee, or
26     fireman from performing official duties, or in retaliation

 

 

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1     for the officer, volunteer, employee, or fireman
2     performing official duties, and the battery is committed
3     other than by the discharge of a firearm.
4         (4) Aggravated battery of an individual whom the
5     defendant knows to be 60 years of age or older is a Class 2
6     felony.
7 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
8 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
9 94-482, eff. 1-1-06; revised 8-19-05.)
 
10     (720 ILCS 5/12-4.6)  (from Ch. 38, par. 12-4.6)
11     Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A
12 person who, in committing battery, intentionally or knowingly
13 causes great bodily harm or permanent disability or
14 disfigurement to an individual of 60 years of age or older
15 commits aggravated battery of a senior citizen.
16     (b)  Sentence. Aggravated battery of a senior citizen is a
17 Class 1 2 felony.
18 (Source: P.A. 85-1177.)
 
19     (720 ILCS 5/12-14)  (from Ch. 38, par. 12-14)
20     Sec. 12-14. Aggravated Criminal Sexual Assault.
21     (a) The accused commits aggravated criminal sexual assault
22 if he or she commits criminal sexual assault and any of the
23 following aggravating circumstances existed during, or for the
24 purposes of paragraph (7) of this subsection (a) as part of the

 

 

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1 same course of conduct as, the commission of the offense:
2         (1) the accused displayed, threatened to use, or used a
3     dangerous weapon, other than a firearm, or any object
4     fashioned or utilized in such a manner as to lead the
5     victim under the circumstances reasonably to believe it to
6     be a dangerous weapon; or
7         (2) the accused caused bodily harm, except as provided
8     in subsection (a)(10), to the victim; or
9         (3) the accused acted in such a manner as to threaten
10     or endanger the life of the victim or any other person; or
11         (4) the criminal sexual assault was perpetrated during
12     the course of the commission or attempted commission of any
13     other felony by the accused; or
14         (5) the victim was 60 years of age or over when the
15     offense was committed; or
16         (6) the victim was a physically handicapped person; or
17         (7) the accused delivered (by injection, inhalation,
18     ingestion, transfer of possession, or any other means) to
19     the victim without his or her consent, or by threat or
20     deception, and for other than medical purposes, any
21     controlled substance; or
22         (8) the accused was armed with a firearm; or
23         (9) the accused personally discharged a firearm during
24     the commission of the offense; or
25         (10) the accused, during the commission of the offense,
26     personally discharged a firearm that proximately caused

 

 

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1     great bodily harm, permanent disability, permanent
2     disfigurement, or death to another person.
3     (b) The accused commits aggravated criminal sexual assault
4 if the accused was under 17 years of age and (i) commits an act
5 of sexual penetration with a victim who was under 9 years of
6 age when the act was committed; or (ii) commits an act of
7 sexual penetration with a victim who was at least 9 years of
8 age but under 13 years of age when the act was committed and
9 the accused used force or threat of force to commit the act.
10     (c) The accused commits aggravated criminal sexual assault
11 if he or she commits an act of sexual penetration with a victim
12 who was a severely or profoundly mentally retarded person at
13 the time the act was committed.
14     (d) Sentence.
15         (1) Aggravated criminal sexual assault in violation of
16     paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
17     or in violation of subsection (b) or (c) is a Class X
18     felony. Aggravated criminal sexual assault in violation of
19     paragraph (5) of subsection (a) is a Class X felony for
20     which the offender shall be sentenced to an extended term
21     sentence under Section 5-8-2 of the Unified Code of
22     Corrections. A violation of subsection (a)(1) is a Class X
23     felony for which 10 years shall be added to the term of
24     imprisonment imposed by the court. A violation of
25     subsection (a)(8) is a Class X felony for which 15 years
26     shall be added to the term of imprisonment imposed by the

 

 

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1     court. A violation of subsection (a)(9) is a Class X felony
2     for which 20 years shall be added to the term of
3     imprisonment imposed by the court. A violation of
4     subsection (a)(10) is a Class X felony for which 25 years
5     or up to a term of natural life imprisonment shall be added
6     to the term of imprisonment imposed by the court.
7         (2) A person who is convicted of a second or subsequent
8     offense of aggravated criminal sexual assault, or who is
9     convicted of the offense of aggravated criminal sexual
10     assault after having previously been convicted of the
11     offense of criminal sexual assault or the offense of
12     predatory criminal sexual assault of a child, or who is
13     convicted of the offense of aggravated criminal sexual
14     assault after having previously been convicted under the
15     laws of this or any other state of an offense that is
16     substantially equivalent to the offense of criminal sexual
17     assault, the offense of aggravated criminal sexual assault
18     or the offense of predatory criminal sexual assault of a
19     child, shall be sentenced to a term of natural life
20     imprisonment. The commission of the second or subsequent
21     offense is required to have been after the initial
22     conviction for this paragraph (2) to apply.
23 (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
24 eff. 12-19-01; 92-721, eff. 1-1-03.)
 
25     (720 ILCS 5/12-16)  (from Ch. 38, par. 12-16)

 

 

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1     Sec. 12-16. Aggravated Criminal Sexual Abuse.
2     (a) The accused commits aggravated criminal sexual abuse if
3 he or she commits criminal sexual abuse as defined in
4 subsection (a) of Section 12-15 of this Code and any of the
5 following aggravating circumstances existed during, or for the
6 purposes of paragraph (7) of this subsection (a) as part of the
7 same course of conduct as, the commission of the offense:
8         (1) the accused displayed, threatened to use or used a
9     dangerous weapon or any object fashioned or utilized in
10     such a manner as to lead the victim under the circumstances
11     reasonably to believe it to be a dangerous weapon; or
12         (2) the accused caused bodily harm to the victim; or
13         (3) the victim was 60 years of age or over when the
14     offense was committed; or
15         (4) the victim was a physically handicapped person; or
16         (5) the accused acted in such a manner as to threaten
17     or endanger the life of the victim or any other person; or
18         (6) the criminal sexual abuse was perpetrated during
19     the course of the commission or attempted commission of any
20     other felony by the accused; or
21         (7) the accused delivered (by injection, inhalation,
22     ingestion, transfer of possession, or any other means) to
23     the victim without his or her consent, or by threat or
24     deception, and for other than medical purposes, any
25     controlled substance.
26     (b) The accused commits aggravated criminal sexual abuse if

 

 

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1 he or she commits an act of sexual conduct with a victim who
2 was under 18 years of age when the act was committed and the
3 accused was a family member.
4     (c) The accused commits aggravated criminal sexual abuse
5 if:
6         (1) the accused was 17 years of age or over and (i)
7     commits an act of sexual conduct with a victim who was
8     under 13 years of age when the act was committed; or (ii)
9     commits an act of sexual conduct with a victim who was at
10     least 13 years of age but under 17 years of age when the
11     act was committed and the accused used force or threat of
12     force to commit the act; or
13         (2) the accused was under 17 years of age and (i)
14     commits an act of sexual conduct with a victim who was
15     under 9 years of age when the act was committed; or (ii)
16     commits an act of sexual conduct with a victim who was at
17     least 9 years of age but under 17 years of age when the act
18     was committed and the accused used force or threat of force
19     to commit the act.
20     (d) The accused commits aggravated criminal sexual abuse if
21 he or she commits an act of sexual penetration or sexual
22 conduct with a victim who was at least 13 years of age but
23 under 17 years of age and the accused was at least 5 years
24 older than the victim.
25     (e) The accused commits aggravated criminal sexual abuse if
26 he or she commits an act of sexual conduct with a victim who

 

 

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1 was a severely or profoundly mentally retarded person at the
2 time the act was committed.
3     (f) The accused commits aggravated criminal sexual abuse if
4 he or she commits an act of sexual conduct with a victim who
5 was at least 13 years of age but under 18 years of age when the
6 act was committed and the accused was 17 years of age or over
7 and held a position of trust, authority or supervision in
8 relation to the victim.
9     (g) Sentence. Aggravated criminal sexual abuse is a Class 2
10 felony, except that aggravated criminal sexual abuse when the
11 victim was 60 years of age or over when the offense was
12 committed is a Class 1 felony.
13 (Source: P.A. 92-434, eff. 1-1-02.)
 
14     (720 ILCS 5/12-21)  (from Ch. 38, par. 12-21)
15     Sec. 12-21. Criminal abuse or neglect of an elderly person
16 or person with a disability.
17     (a) A person commits the offense of criminal abuse or
18 neglect of an elderly person or person with a disability when
19 he or she is a caregiver and he or she knowingly:
20         (1) performs acts that cause the elderly person or
21     person with a disability's life to be endangered, health to
22     be injured, or pre-existing physical or mental condition to
23     deteriorate; or
24         (2) fails to perform acts that he or she knows or
25     reasonably should know are necessary to maintain or

 

 

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1     preserve the life or health of the elderly person or person
2     with a disability and such failure causes the elderly
3     person or person with a disability's life to be endangered,
4     health to be injured or pre-existing physical or mental
5     condition to deteriorate; or
6         (3) abandons the elderly person or person with a
7     disability; or
8         (4) physically abuses, harasses, intimidates, or
9     interferes with the personal liberty of the elderly person
10     or person with a disability or exposes the elderly person
11     or person with a disability to willful deprivation.
12     A violation of this subsection (a) Criminal abuse or
13 neglect of an elderly person or person with a disability is a
14 Class 3 felony if the victim of the offense is a person with a
15 disability. A violation of this subsection (a) is a Class 2
16 felony if the victim of the offense is an elderly person. A
17 violation of this subsection (a) that is criminal neglect
18 Criminal neglect of an elderly person or person with a
19 disability is a Class 2 felony if the criminal neglect results
20 in the death of the person with a disability who was person
21 neglected for which the defendant, if sentenced to a term of
22 imprisonment, shall be sentenced to a term of not less than 3
23 years and not more than 14 years. A violation of this
24 subsection (a) that is criminal neglect is a Class 1 felony if
25 the criminal neglect results in the death of the elderly person
26 for which the defendant, if sentenced to a term of

 

 

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1 imprisonment, shall be sentenced to a term of not less than 15
2 years and not more than 30 years.
3     (b) For purposes of this Section:
4         (1) "Elderly person" means a person 60 years of age or
5     older who is incapable of adequately providing for his own
6     health and personal care.
7         (2) "Person with a disability" means a person who
8     suffers from a permanent physical or mental impairment,
9     resulting from disease, injury, functional disorder or
10     congenital condition which renders such person incapable
11     of adequately providing for his own health and personal
12     care.
13         (3) "Caregiver" means a person who has a duty to
14     provide for an elderly person or person with a disability's
15     health and personal care, at such person's place of
16     residence, including but not limited to, food and
17     nutrition, shelter, hygiene, prescribed medication and
18     medical care and treatment.
19         "Caregiver" shall include:
20             (A) a parent, spouse, adult child or other relative
21         by blood or marriage who resides with or resides in the
22         same building with or regularly visits the elderly
23         person or person with a disability, knows or reasonably
24         should know of such person's physical or mental
25         impairment and knows or reasonably should know that
26         such person is unable to adequately provide for his own

 

 

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1         health and personal care;
2             (B) a person who is employed by the elderly person
3         or person with a disability or by another to reside
4         with or regularly visit the elderly person or person
5         with a disability and provide for such person's health
6         and personal care;
7             (C) a person who has agreed for consideration to
8         reside with or regularly visit the elderly person or
9         person with a disability and provide for such person's
10         health and personal care; and
11             (D) a person who has been appointed by a private or
12         public agency or by a court of competent jurisdiction
13         to provide for the elderly person or person with a
14         disability's health and personal care.
15         "Caregiver" shall not include a long-term care
16     facility licensed or certified under the Nursing Home Care
17     Act or any administrative, medical or other personnel of
18     such a facility, or a health care provider who is licensed
19     under the Medical Practice Act of 1987 and renders care in
20     the ordinary course of his profession.
21         (4) "Abandon" means to desert or knowingly forsake an
22     elderly person or person with a disability under
23     circumstances in which a reasonable person would continue
24     to provide care and custody.
25         (5) "Willful deprivation" has the meaning ascribed to
26     it in paragraph (15) of Section 103 of the Illinois

 

 

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1     Domestic Violence Act of 1986.
2     (c) Nothing in this Section shall be construed to limit the
3 remedies available to the victim under the Illinois Domestic
4 Violence Act.
5     (d) Nothing in this Section shall be construed to impose
6 criminal liability on a person who has made a good faith effort
7 to provide for the health and personal care of an elderly
8 person or person with a disability, but through no fault of his
9 own has been unable to provide such care.
10     (e) Nothing in this Section shall be construed as
11 prohibiting a person from providing treatment by spiritual
12 means through prayer alone and care consistent therewith in
13 lieu of medical care and treatment in accordance with the
14 tenets and practices of any church or religious denomination of
15 which the elderly person or person with a disability is a
16 member.
17     (f) It is not a defense to criminal abuse or neglect of an
18 elderly person or person with a disability that the accused
19 reasonably believed that the victim was not an elderly person
20 or person with a disability.
21 (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
 
22     (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
23     Sec. 16-1. Theft.
24     (a) A person commits theft when he knowingly:
25         (1) Obtains or exerts unauthorized control over

 

 

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1     property of the owner; or
2         (2) Obtains by deception control over property of the
3     owner; or
4         (3) Obtains by threat control over property of the
5     owner; or
6         (4) Obtains control over stolen property knowing the
7     property to have been stolen or under such circumstances as
8     would reasonably induce him to believe that the property
9     was stolen; or
10         (5) Obtains or exerts control over property in the
11     custody of any law enforcement agency which is explicitly
12     represented to him by any law enforcement officer or any
13     individual acting in behalf of a law enforcement agency as
14     being stolen, and
15             (A) Intends to deprive the owner permanently of the
16         use or benefit of the property; or
17             (B) Knowingly uses, conceals or abandons the
18         property in such manner as to deprive the owner
19         permanently of such use or benefit; or
20             (C) Uses, conceals, or abandons the property
21         knowing such use, concealment or abandonment probably
22         will deprive the owner permanently of such use or
23         benefit.
24     (b) Sentence.
25         (1) Theft of property not from the person and not
26     exceeding $300 in value is a Class A misdemeanor.

 

 

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1         (1.1) Theft of property not from the person and not
2     exceeding $300 in value is a Class 4 felony if the theft
3     was committed in a school or place of worship or if the
4     theft was of governmental property.
5         (2) A person who has been convicted of theft of
6     property not from the person and not exceeding $300 in
7     value who has been previously convicted of any type of
8     theft, robbery, armed robbery, burglary, residential
9     burglary, possession of burglary tools, home invasion,
10     forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
11     4-103.3 of the Illinois Vehicle Code relating to the
12     possession of a stolen or converted motor vehicle, or a
13     violation of Section 8 of the Illinois Credit Card and
14     Debit Card Act is guilty of a Class 4 felony. When a person
15     has any such prior conviction, the information or
16     indictment charging that person shall state such prior
17     conviction so as to give notice of the State's intention to
18     treat the charge as a felony. The fact of such prior
19     conviction is not an element of the offense and may not be
20     disclosed to the jury during trial unless otherwise
21     permitted by issues properly raised during such trial.
22         (3) (Blank).
23         (4) Theft of property from the person not exceeding
24     $300 in value, or theft of property exceeding $300 and not
25     exceeding $10,000 in value, is a Class 3 felony.
26         (4.1) Theft of property from the person not exceeding

 

 

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1     $300 in value, or theft of property exceeding $300 and not
2     exceeding $10,000 in value, is a Class 2 felony if the
3     theft was committed in a school or place of worship or if
4     the theft was of governmental property.
5         (5) Theft of property exceeding $10,000 and not
6     exceeding $100,000 in value is a Class 2 felony.
7         (5.1) Theft of property exceeding $10,000 and not
8     exceeding $100,000 in value is a Class 1 felony if the
9     theft was committed in a school or place of worship or if
10     the theft was of governmental property.
11         (6) Theft of property exceeding $100,000 and not
12     exceeding $500,000 in value is a Class 1 felony.
13         (6.1) Theft of property exceeding $100,000 in value is
14     a Class X felony if the theft was committed in a school or
15     place of worship or if the theft was of governmental
16     property.
17         (6.2) Theft of property exceeding $500,000 in value is
18     a Class 1 non-probationable felony.
19         (7) Theft by deception, as described by paragraph (2)
20     of subsection (a) of this Section, in which the offender
21     obtained money or property valued at $5,000 or more from a
22     victim 60 years of age or older is a Class 1 2 felony.
23     (c) When a charge of theft of property exceeding a
24 specified value is brought, the value of the property involved
25 is an element of the offense to be resolved by the trier of
26 fact as either exceeding or not exceeding the specified value.

 

 

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1 (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
 
2     (720 ILCS 5/16-1.3)  (from Ch. 38, par. 16-1.3)
3     Sec. 16-1.3. Financial exploitation of an elderly person or
4 a person with a disability.
5     (a) A person commits the offense of financial exploitation
6 of an elderly person or a person with a disability when he or
7 she stands in a position of trust or confidence with the
8 elderly person or a person with a disability and he or she
9 knowingly and by deception or intimidation obtains control over
10 the property of an elderly person or a person with a disability
11 or illegally uses the assets or resources of an elderly person
12 or a person with a disability. The illegal use of the assets or
13 resources of an elderly person or a person with a disability
14 includes, but is not limited to, the misappropriation of those
15 assets or resources by undue influence, breach of a fiduciary
16 relationship, fraud, deception, extortion, or use of the assets
17 or resources contrary to law.
18     A violation of this subsection (a) in which the victim of
19 the offense is a person with a disability Financial
20 exploitation of an elderly person or a person with a disability
21 is a Class 4 felony if the value of the property is $300 or
22 less, a Class 3 felony if the value of the property is more
23 than $300 but less than $5,000, a Class 2 felony if the value
24 of the property is $5,000 or more but less than $100,000 and a
25 Class 1 felony if the value of the property is $100,000 or

 

 

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1 more. A violation of this subsection (a) in which the victim of
2 the offense is an elderly person is a Class 3 felony if the
3 value of the property is $300 or less, a Class 2 felony if the
4 value of the property is more than $300 but less than $5,000, a
5 Class 1 felony if the value of the property is $5,000 or more
6 but less than $100,000 and a Class X felony if the value of the
7 property is $100,000 or more or if the elderly person is over
8 70 years of age and the value of the property is $15,000 or
9 more or if the elderly person is 80 years of age or older and
10 the value of the property is $5,000 or more.
11     (b) For purposes of this Section:
12         (1) "Elderly person" means a person 60 years of age or
13     older.
14         (2) "Person with a disability" means a person who
15     suffers from a permanent physical or mental impairment
16     resulting from disease, injury, functional disorder or
17     congenital condition that impairs the individual's mental
18     or physical ability to independently manage his or her
19     property or financial resources, or both.
20         (3) "Intimidation" means the communication to an
21     elderly person or a person with a disability that he or she
22     shall be deprived of food and nutrition, shelter,
23     prescribed medication or medical care and treatment.
24         (4) "Deception" means, in addition to its meaning as
25     defined in Section 15-4 of this Code, a misrepresentation
26     or concealment of material fact relating to the terms of a

 

 

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1     contract or agreement entered into with the elderly person
2     or person with a disability or to the existing or
3     pre-existing condition of any of the property involved in
4     such contract or agreement; or the use or employment of any
5     misrepresentation, false pretense or false promise in
6     order to induce, encourage or solicit the elderly person or
7     person with a disability to enter into a contract or
8     agreement.
9     (c) For purposes of this Section, a person stands in a
10 position of trust and confidence with an elderly person or
11 person with a disability when he (1) is a parent, spouse, adult
12 child or other relative by blood or marriage of the elderly
13 person or person with a disability, (2) is a joint tenant or
14 tenant in common with the elderly person or person with a
15 disability, (3) has a legal or fiduciary relationship with the
16 elderly person or person with a disability, or (4) is a
17 financial planning or investment professional.
18     (d) Nothing in this Section shall be construed to limit the
19 remedies available to the victim under the Illinois Domestic
20 Violence Act of 1986.
21     (e) Nothing in this Section shall be construed to impose
22 criminal liability on a person who has made a good faith effort
23 to assist the elderly person or person with a disability in the
24 management of his or her property, but through no fault of his
25 or her own has been unable to provide such assistance.
26     (f) It shall not be a defense to financial exploitation of

 

 

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1 an elderly person or person with a disability that the accused
2 reasonably believed that the victim was not an elderly person
3 or person with a disability.
4     (g) Civil Liability. A person who is charged by information
5 or indictment with the offense of financial exploitation of an
6 elderly person or person with a disability and who fails or
7 refuses to return the victim's property within 60 days
8 following a written demand from the victim or the victim's
9 legal representative shall be liable to the victim or to the
10 estate of the victim in damages of treble the amount of the
11 value of the property obtained, plus reasonable attorney fees
12 and court costs. The burden of proof that the defendant
13 unlawfully obtained the victim's property shall be by a
14 preponderance of the evidence. This subsection shall be
15 operative whether or not the defendant has been convicted of
16 the offense.
17 (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
 
18     (720 ILCS 5/16G-20)
19     Sec. 16G-20. Aggravated identity theft.
20     (a) A person commits the offense of aggravated identity
21 theft when he or she commits the offense of identity theft as
22 set forth in subsection (a) of Section 16G-15 against a person
23 60 years of age or older or a disabled person as defined in
24 Section 16-1.3 of this Code.
25     (b) Knowledge shall be determined by an evaluation of all

 

 

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1 circumstances surrounding the use of the other person's
2 identifying information or document.
3     (c) When a charge of aggravated identity theft of credit,
4 money, goods, services, or other property exceeding a specified
5 value is brought the value of the credit, money, goods,
6 services, or other property is an element of the offense to be
7 resolved by the trier of fact as either exceeding or not
8 exceeding the specified value.
9     (d) A defense to aggravated identity theft does not exist
10 merely because the accused reasonably believed the victim to be
11 a person less than 60 years of age.
12     (e) Sentence.
13         (1) Aggravated identity theft of credit, money, goods,
14     services, or other property not exceeding $300 in value is
15     a Class 3 felony if the victim of the aggravated identity
16     theft is a disabled person. Aggravated identity theft of
17     credit, money, goods, services, or other property not
18     exceeding $300 in value is a Class 2 felony if the victim
19     of the aggravated identity theft is a person 60 years of
20     age or older.
21         (2) Aggravated identity theft of credit, money, goods,
22     services, or other property exceeding $300 and not
23     exceeding $10,000 in value is a Class 2 felony if the
24     victim of the aggravated identity theft is a disabled
25     person. Aggravated identity theft of credit, money, goods,
26     services, or other property exceeding $300 and not

 

 

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1     exceeding $10,000 in value is a Class 1 felony if the
2     victim of the aggravated identity theft is a person 60
3     years of age or older.
4         (3) Aggravated identity theft of credit, money, goods,
5     services, or other property exceeding $10,000 in value and
6     not exceeding $100,000 in value is a Class 1 felony if the
7     victim of the aggravated identity theft is a disabled
8     person. Aggravated identity theft of credit, money, goods,
9     services, or other property exceeding $10,000 in value and
10     not exceeding $100,000 in value is a Class X felony if the
11     victim of the aggravated identity theft is a person 60
12     years of age or older.
13         (4) Aggravated identity theft of credit, money, goods,
14     services, or other property exceeding $100,000 in value is
15     a Class X felony if the victim of the aggravated identity
16     theft is a disabled person. Aggravated identity theft of
17     credit, money, goods, services, or other property
18     exceeding $100,000 in value is a Class X felony for which
19     the defendant shall be sentenced to a term of imprisonment
20     of not less than 30 years and not more than 60 years if the
21     victim of the aggravated identity theft is a person 60
22     years of age or older.
23         (5) A person who has been previously convicted of
24     aggravated identity theft regardless of the value of the
25     property involved who is convicted of a second or
26     subsequent offense of aggravated identity theft regardless

 

 

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1     of the value of the property involved is guilty of a Class
2     X felony if the victim of the aggravated identity theft is
3     a disabled person. A person who has been previously
4     convicted of aggravated identity theft regardless of the
5     value of the property involved who is convicted of a second
6     or subsequent offense of aggravated identity theft
7     regardless of the value of the property involved is guilty
8     of a Class X felony for which the defendant shall be
9     sentenced to a term of imprisonment of not less than 30
10     years and not more than 60 years if the victim is a person
11     60 years of age or older.
12 (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
 
13     (720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)
14     Sec. 18-1. Robbery.
15     (a) A person commits robbery when he or she takes property,
16 except a motor vehicle covered by Section 18-3 or 18-4, from
17 the person or presence of another by the use of force or by
18 threatening the imminent use of force.
19     (b) Sentence.
20     Robbery is a Class 2 felony. However, if the victim is 60
21 years of age or over or is a physically handicapped person, or
22 if the robbery is committed in a school or place of worship,
23 robbery is a Class 1 felony. However, if the victim is 60 years
24 of age or over, robbery is a Class X felony.
25 (Source: P.A. 91-360, eff. 7-29-99.)
 

 

 

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1     (720 ILCS 5/18-4)
2     Sec. 18-4. Aggravated vehicular hijacking.
3     (a) A person commits aggravated vehicular hijacking when he
4 or she violates Section 18-3; and
5         (1) the person from whose immediate presence the motor
6     vehicle is taken is a physically handicapped person or a
7     person 60 years of age or over; or
8         (2) a person under 16 years of age is a passenger in
9     the motor vehicle at the time of the offense; or
10         (3) he or she carries on or about his or her person, or
11     is otherwise armed with a dangerous weapon, other than a
12     firearm; or
13         (4) he or she carries on or about his or her person or
14     is otherwise armed with a firearm; or
15         (5) he or she, during the commission of the offense,
16     personally discharges a firearm; or
17         (6) he or she, during the commission of the offense,
18     personally discharges a firearm that proximately causes
19     great bodily harm, permanent disability, permanent
20     disfigurement, or death to another person.
21     (b) Sentence. Aggravated vehicular hijacking in violation
22 of subsections (a)(1) or (a)(2) is a Class X felony. If the
23 victim of the offense is a person 60 years of age or over,
24 aggravated vehicular hijacking in violation of subsections
25 (a)(1) is a Class X felony for which the defendant shall be

 

 

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1 sentenced to a term of imprisonment of not less than 30 years
2 and not more than 60 years. Aggravated vehicular hijacking in
3 violation of subsection (a)(3) is a Class X felony for which a
4 term of imprisonment of not less than 7 years shall be imposed.
5 Aggravated vehicular hijacking in violation of subsection
6 (a)(4) is a Class X felony for which 15 years shall be added to
7 the term of imprisonment imposed by the court. Aggravated
8 vehicular hijacking in violation of subsection (a)(5) is a
9 Class X felony for which 20 years shall be added to the term of
10 imprisonment imposed by the court. Aggravated vehicular
11 hijacking in violation of subsection (a)(6) is a Class X felony
12 for which 25 years or up to a term of natural life shall be
13 added to the term of imprisonment imposed by the court.
14 (Source: P.A. 91-404, eff. 1-1-00.)
 
15     Section 10. The Methamphetamine Control and Community
16 Protection Act is amended by changing Sections 15 and 25 as
17 follows:
 
18     (720 ILCS 646/15)
19     Sec. 15. Participation in methamphetamine manufacturing.
20     (a) Participation in methamphetamine manufacturing.
21         (1) It is unlawful to knowingly participate in the
22     manufacture of methamphetamine with the intent that
23     methamphetamine or a substance containing methamphetamine
24     be produced.

 

 

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1         (2) A person who violates paragraph (1) of this
2     subsection (a) is subject to the following penalties:
3             (A) A person who participates in the manufacture of
4         less than 15 grams of methamphetamine or a substance
5         containing methamphetamine is guilty of a Class 1
6         felony.
7             (B) A person who participates in the manufacture of
8         15 or more grams but less than 100 grams of
9         methamphetamine or a substance containing
10         methamphetamine is guilty of a Class X felony, subject
11         to a term of imprisonment of not less than 6 years and
12         not more than 30 years, and subject to a fine not to
13         exceed $100,000 or the street value of the
14         methamphetamine manufactured, whichever is greater.
15             (C) A person who participates in the manufacture of
16         100 or more grams but less than 400 grams of
17         methamphetamine or a substance containing
18         methamphetamine is guilty of a Class X felony, subject
19         to a term of imprisonment of not less than 9 years and
20         not more than 40 years, and subject to a fine not to
21         exceed $200,000 or the street value of the
22         methamphetamine manufactured, whichever is greater.
23             (D) A person who participates in the manufacture of
24         400 or more grams but less than 900 grams of
25         methamphetamine or a substance containing
26         methamphetamine is guilty of a Class X felony, subject

 

 

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1         to a term of imprisonment of not less than 12 years and
2         not more than 50 years, and subject to a fine not to
3         exceed $300,000 or the street value of the
4         methamphetamine manufactured, whichever is greater.
5             (E) A person who participates in the manufacture of
6         900 grams or more of methamphetamine or a substance
7         containing methamphetamine is guilty of a Class X
8         felony, subject to a term of imprisonment of not less
9         than 15 years and not more than 60 years, and subject
10         to a fine not to exceed $400,000 or the street value of
11         the methamphetamine, whichever is greater.
12     (b) Aggravated participation in methamphetamine
13 manufacturing.
14         (1) It is unlawful to engage in aggravated
15     participation in the manufacture of methamphetamine. A
16     person engages in aggravated participation in the
17     manufacture of methamphetamine when the person violates
18     paragraph (1) of subsection (a) and:
19             (A) the person knowingly does so in a multi-unit
20         dwelling;
21             (B) the person knowingly does so in a structure or
22         vehicle where a child under the age of 18, a person
23         with a disability, or a person 60 years of age or older
24         who is incapable of adequately providing for his or her
25         own health and personal care resides, is present, or is
26         endangered by the manufacture of methamphetamine;

 

 

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1             (C) the person does so in a structure or vehicle
2         where a woman the person knows to be pregnant
3         (including but not limited to the person herself)
4         resides, is present, or is endangered by the
5         methamphetamine manufacture;
6             (D) the person knowingly does so in a structure or
7         vehicle protected by one or more firearms, explosive
8         devices, booby traps, alarm systems, surveillance
9         systems, guard dogs, or dangerous animals;
10             (E) the methamphetamine manufacturing in which the
11         person participates is a contributing cause of the
12         death, serious bodily injury, disability, or
13         disfigurement of another person, including but not
14         limited to an emergency service provider;
15             (F) the methamphetamine manufacturing in which the
16         person participates is a contributing cause of a fire
17         or explosion that damages property belonging to
18         another person; or
19             (G) the person knowingly organizes, directs, or
20         finances the methamphetamine manufacturing or
21         activities carried out in support of the
22         methamphetamine manufacturing.
23         (2) A person who violates paragraph (1) of this
24     subsection (b) is subject to the following penalties:
25             (A) A person who participates in the manufacture of
26         less than 15 grams of methamphetamine or a substance

 

 

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1         containing methamphetamine is guilty of a Class X
2         felony, subject to a term of imprisonment of not less
3         than 6 years and not more than 30 years, and subject to
4         a fine not to exceed $100,000 or the street value of
5         the methamphetamine, whichever is greater.
6             (B) A person who participates in the manufacture of
7         15 or more grams but less than 100 grams of
8         methamphetamine or a substance containing
9         methamphetamine is guilty of a Class X felony, subject
10         to a term of imprisonment of not less than 9 years and
11         not more than 40 years, and subject to a fine not to
12         exceed $200,000 or the street value of the
13         methamphetamine, whichever is greater.
14             (C) A person who participates in the manufacture of
15         100 or more grams but less than 400 grams of
16         methamphetamine or a substance containing
17         methamphetamine is guilty of a Class X felony, subject
18         to a term of imprisonment of not less than 12 years and
19         not more than 50 years, and subject to a fine not to
20         exceed $300,000 or the street value of the
21         methamphetamine, whichever is greater.
22             (D) A person who participates in the manufacture of
23         400 grams or more of methamphetamine or a substance
24         containing methamphetamine is guilty of a Class X
25         felony, subject to a term of imprisonment of not less
26         than 15 years and not more than 60 years, and subject

 

 

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1         to a fine not to exceed $400,000 or the street value of
2         the methamphetamine, whichever is greater.
3             (E) A person who participates in the manufacture of
4         methamphetamine in a structure or vehicle where a
5         person 60 years of age or older who is incapable of
6         adequately providing for his or her own health and
7         personal care resides, is present, or is endangered by
8         the manufacture of methamphetamine is guilty of a Class
9         X felony, subject to a term of imprisonment of not less
10         than 30 years and not more than 60 years.
11 (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
12     (720 ILCS 646/25)
13     Sec. 25. Anhydrous ammonia.
14     (a) Possession, procurement, transportation, storage, or
15 delivery of anhydrous ammonia with the intent that it be used
16 to manufacture methamphetamine.
17         (1) It is unlawful to knowingly engage in the
18     possession, procurement, transportation, storage, or
19     delivery of anhydrous ammonia or to attempt to engage in
20     any of these activities or to assist another in engaging in
21     any of these activities with the intent that the anhydrous
22     ammonia be used to manufacture methamphetamine.
23         (2) A person who violates paragraph (1) of this
24     subsection (a) is guilty of a Class 1 felony.
25     (b) Aggravated possession, procurement, transportation,

 

 

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1 storage, or delivery of anhydrous ammonia with the intent that
2 it be used to manufacture methamphetamine.
3         (1) It is unlawful to knowingly engage in the
4     aggravated possession, procurement, transportation,
5     storage, or delivery of anhydrous ammonia with the intent
6     that it be used to manufacture methamphetamine. A person
7     commits this offense when the person engages in the
8     possession, procurement, transportation, storage, or
9     delivery of anhydrous ammonia or attempts to engage in any
10     of these activities or assists another in engaging in any
11     of these activities with the intent that the anhydrous
12     ammonia be used to manufacture methamphetamine and:
13             (A) the person knowingly does so in a multi-unit
14         dwelling;
15             (B) the person knowingly does so in a structure or
16         vehicle where a child under the age of 18, or a person
17         with a disability, or a person who is 60 years of age
18         or older who is incapable of adequately providing for
19         his or her own health and personal care resides, is
20         present, or is endangered by the anhydrous ammonia;
21             (C) the person's possession, procurement,
22         transportation, storage, or delivery of anhydrous
23         ammonia is a contributing cause of the death, serious
24         bodily injury, disability, or disfigurement of another
25         person; or
26             (D) the person's possession, procurement,

 

 

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1         transportation, storage, or delivery of anhydrous
2         ammonia is a contributing cause of a fire or explosion
3         that damages property belonging to another person.
4         (2) A person who violates paragraph (1) of this
5     subsection (b) is guilty of a Class X felony, subject to a
6     term of imprisonment of not less than 6 years and not more
7     than 30 years, and subject to a fine not to exceed
8     $100,000. A person who violates paragraph (1) of this
9     subsection (b) is guilty of a Class X felony, subject to a
10     term of imprisonment of not less than 30 years and not more
11     than 60 years, and subject to a fine not to exceed $200,000
12     if he or she does so in a structure or vehicle where a
13     person who is 60 years of age or older who is incapable of
14     adequately providing for his or her own health and personal
15     care resides, is present, or is endangered by the anhydrous
16     ammonia.
17     (c) Possession, procurement, transportation, storage, or
18 delivery of anhydrous ammonia in an unauthorized container.
19         (1) It is unlawful to knowingly possess, procure,
20     transport, store, or deliver anhydrous ammonia in an
21     unauthorized container.
22         (2) A person who violates paragraph (1) of this
23     subsection (c) is guilty of a Class 3 felony.
24         (3) Affirmative defense. It is an affirmative defense
25     that the person charged possessed, procured, transported,
26     stored, or delivered anhydrous ammonia in a manner that

 

 

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1     substantially complied with the rules governing anhydrous
2     ammonia equipment found in 8 Illinois Administrative Code
3     Section 215, in 92 Illinois Administrative Code Sections
4     171 through 180, or in any provision of the Code of Federal
5     Regulations incorporated by reference into these Sections
6     of the Illinois Administrative Code.
7     (d) Tampering with anhydrous ammonia equipment.
8         (1) It is unlawful to knowingly tamper with anhydrous
9     ammonia equipment. A person tampers with anhydrous ammonia
10     equipment when, without authorization from the lawful
11     owner, the person:
12             (A) removes or attempts to remove anhydrous
13         ammonia from the anhydrous ammonia equipment used by
14         the lawful owner;
15             (B) damages or attempts to damage the anhydrous
16         ammonia equipment used by the lawful owner; or
17             (C) vents or attempts to vent anhydrous ammonia
18         into the environment.
19         (2) A person who violates paragraph (1) of this
20     subsection (d) is guilty of a Class 3 felony.
21 (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
22     Section 15. The Unified Code of Corrections is amended by
23 changing Section 5-5-3.2 as follows:
 
24     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)

 

 

HB1504 Engrossed - 45 - LRB095 10153 RLC 30367 b

1     Sec. 5-5-3.2. Factors in Aggravation.
2     (a) The following factors shall be accorded weight in favor
3 of imposing a term of imprisonment or may be considered by the
4 court as reasons to impose a more severe sentence under Section
5 5-8-1:
6         (1) the defendant's conduct caused or threatened
7     serious harm;
8         (2) the defendant received compensation for committing
9     the offense;
10         (3) the defendant has a history of prior delinquency or
11     criminal activity;
12         (4) the defendant, by the duties of his office or by
13     his position, was obliged to prevent the particular offense
14     committed or to bring the offenders committing it to
15     justice;
16         (5) the defendant held public office at the time of the
17     offense, and the offense related to the conduct of that
18     office;
19         (6) the defendant utilized his professional reputation
20     or position in the community to commit the offense, or to
21     afford him an easier means of committing it;
22         (7) the sentence is necessary to deter others from
23     committing the same crime;
24         (8) the defendant committed the offense against a
25     person 60 years of age or older or such person's property;
26         (9) the defendant committed the offense against a

 

 

HB1504 Engrossed - 46 - LRB095 10153 RLC 30367 b

1     person who is physically handicapped or such person's
2     property;
3         (10) by reason of another individual's actual or
4     perceived race, color, creed, religion, ancestry, gender,
5     sexual orientation, physical or mental disability, or
6     national origin, the defendant committed the offense
7     against (i) the person or property of that individual; (ii)
8     the person or property of a person who has an association
9     with, is married to, or has a friendship with the other
10     individual; or (iii) the person or property of a relative
11     (by blood or marriage) of a person described in clause (i)
12     or (ii). For the purposes of this Section, "sexual
13     orientation" means heterosexuality, homosexuality, or
14     bisexuality;
15         (11) the offense took place in a place of worship or on
16     the grounds of a place of worship, immediately prior to,
17     during or immediately following worship services. For
18     purposes of this subparagraph, "place of worship" shall
19     mean any church, synagogue or other building, structure or
20     place used primarily for religious worship;
21         (12) the defendant was convicted of a felony committed
22     while he was released on bail or his own recognizance
23     pending trial for a prior felony and was convicted of such
24     prior felony, or the defendant was convicted of a felony
25     committed while he was serving a period of probation,
26     conditional discharge, or mandatory supervised release

 

 

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1     under subsection (d) of Section 5-8-1 for a prior felony;
2         (13) the defendant committed or attempted to commit a
3     felony while he was wearing a bulletproof vest. For the
4     purposes of this paragraph (13), a bulletproof vest is any
5     device which is designed for the purpose of protecting the
6     wearer from bullets, shot or other lethal projectiles;
7         (14) the defendant held a position of trust or
8     supervision such as, but not limited to, family member as
9     defined in Section 12-12 of the Criminal Code of 1961,
10     teacher, scout leader, baby sitter, or day care worker, in
11     relation to a victim under 18 years of age, and the
12     defendant committed an offense in violation of Section
13     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
14     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
15     against that victim;
16         (15) the defendant committed an offense related to the
17     activities of an organized gang. For the purposes of this
18     factor, "organized gang" has the meaning ascribed to it in
19     Section 10 of the Streetgang Terrorism Omnibus Prevention
20     Act;
21         (16) the defendant committed an offense in violation of
22     one of the following Sections while in a school, regardless
23     of the time of day or time of year; on any conveyance
24     owned, leased, or contracted by a school to transport
25     students to or from school or a school related activity; on
26     the real property of a school; or on a public way within

 

 

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1     1,000 feet of the real property comprising any school:
2     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
3     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
4     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
5     33A-2 of the Criminal Code of 1961;
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, 11-15.1, 11-17.1, 11-18.1,
14     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
15     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
16     33A-2 of the Criminal Code of 1961;
17         (17) the defendant committed the offense by reason of
18     any person's activity as a community policing volunteer or
19     to prevent any person from engaging in activity as a
20     community policing volunteer. For the purpose of this
21     Section, "community policing volunteer" has the meaning
22     ascribed to it in Section 2-3.5 of the Criminal Code of
23     1961;
24         (18) the defendant committed the offense in a nursing
25     home or on the real property comprising a nursing home. For
26     the purposes of this paragraph (18), "nursing home" means a

 

 

HB1504 Engrossed - 49 - LRB095 10153 RLC 30367 b

1     skilled nursing or intermediate long term care facility
2     that is subject to license by the Illinois Department of
3     Public Health under the Nursing Home Care Act;
4         (19) the defendant was a federally licensed firearm
5     dealer and was previously convicted of a violation of
6     subsection (a) of Section 3 of the Firearm Owners
7     Identification Card Act and has now committed either a
8     felony violation of the Firearm Owners Identification Card
9     Act or an act of armed violence while armed with a firearm;
10         (20) the defendant (i) committed the offense of
11     reckless homicide under Section 9-3 of the Criminal Code of
12     1961 or the offense of driving under the influence of
13     alcohol, other drug or drugs, intoxicating compound or
14     compounds or any combination thereof under Section 11-501
15     of the Illinois Vehicle Code or a similar provision of a
16     local ordinance and (ii) was operating a motor vehicle in
17     excess of 20 miles per hour over the posted speed limit as
18     provided in Article VI of Chapter 11 of the Illinois
19     Vehicle Code; or
20         (21) the defendant (i) committed the offense of
21     reckless driving or aggravated reckless driving under
22     Section 11-503 of the Illinois Vehicle Code and (ii) was
23     operating a motor vehicle in excess of 20 miles per hour
24     over the posted speed limit as provided in Article VI of
25     Chapter 11 of the Illinois Vehicle Code.
26     For the purposes of this Section:

 

 

HB1504 Engrossed - 50 - LRB095 10153 RLC 30367 b

1     "School" is defined as a public or private elementary or
2 secondary school, community college, college, or university.
3     "Day care center" means a public or private State certified
4 and licensed day care center as defined in Section 2.09 of the
5 Child Care Act of 1969 that displays a sign in plain view
6 stating that the property is a day care center.
7     (b) The following factors may be considered by the court as
8 reasons to impose an extended term sentence under Section 5-8-2
9 upon any offender:
10         (1) When a defendant is convicted of any felony, after
11     having been previously convicted in Illinois or any other
12     jurisdiction of the same or similar class felony or greater
13     class felony, when such conviction has occurred within 10
14     years after the previous conviction, excluding time spent
15     in custody, and such charges are separately brought and
16     tried and arise out of different series of acts; or
17         (2) When a defendant is convicted of any felony and the
18     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 voluntary
22     manslaughter, second degree murder, involuntary
23     manslaughter or reckless homicide in which the defendant
24     has been convicted of causing the death of more than one
25     individual; or
26         (4) When a defendant is convicted of any felony

 

 

HB1504 Engrossed - 51 - LRB095 10153 RLC 30367 b

1     committed against:
2             (i) a person under 12 years of age at the time of
3         the offense or such person's property;
4             (ii) (blank) a person 60 years of age or older at
5         the time of the offense or such person's property; or
6             (iii) a person physically handicapped at the time
7         of the offense or such person's property; or
8         (5) In the case of a defendant convicted of aggravated
9     criminal sexual assault or criminal sexual assault, when
10     the court finds that aggravated criminal sexual assault or
11     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; or
18         (6) When a defendant is convicted of any felony and the
19     offense involved any of the following types of specific
20     misconduct committed as part of a ceremony, rite,
21     initiation, observance, performance, practice or activity
22     of any actual or ostensible religious, fraternal, or social
23     group:
24             (i) the brutalizing or torturing of humans or
25         animals;
26             (ii) the theft of human corpses;

 

 

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1             (iii) the kidnapping of humans;
2             (iv) the desecration of any cemetery, religious,
3         fraternal, business, governmental, educational, or
4         other building or property; or
5             (v) ritualized abuse of a child; or
6         (7) When a defendant is convicted of first degree
7     murder, after having been previously convicted in Illinois
8     of any offense listed under paragraph (c)(2) of Section
9     5-5-3, when such conviction has occurred within 10 years
10     after the previous conviction, excluding time spent in
11     custody, and such charges are separately brought and tried
12     and arise out of different series of acts; or
13         (8) When a defendant is convicted of a felony other
14     than conspiracy and the court finds that the felony was
15     committed under an agreement with 2 or more other persons
16     to commit that offense and the defendant, with respect to
17     the other individuals, occupied a position of organizer,
18     supervisor, financier, or any other position of management
19     or leadership, and the court further finds that the felony
20     committed was related to or in furtherance of the criminal
21     activities of an organized gang or was motivated by the
22     defendant's leadership in an organized gang; or
23         (9) When a defendant is convicted of a felony violation
24     of Section 24-1 of the Criminal Code of 1961 and the court
25     finds that the defendant is a member of an organized gang;
26     or

 

 

HB1504 Engrossed - 53 - LRB095 10153 RLC 30367 b

1         (10) When a defendant committed the offense using a
2     firearm with a laser sight attached to it. For purposes of
3     this paragraph (10), "laser sight" has the meaning ascribed
4     to it in Section 24.6-5 of the Criminal Code of 1961; or
5         (11) When a defendant who was at least 17 years of age
6     at the time of the commission of the offense is convicted
7     of a felony and has been previously adjudicated a
8     delinquent minor under the Juvenile Court Act of 1987 for
9     an act that if committed by an adult would be a Class X or
10     Class 1 felony when the conviction has occurred within 10
11     years after the previous adjudication, excluding time
12     spent in custody; or
13         (12) When a defendant commits an offense involving the
14     illegal manufacture of a controlled substance under
15     Section 401 of the Illinois Controlled Substances Act, the
16     illegal manufacture of methamphetamine under Section 25 of
17     the Methamphetamine Control and Community Protection Act,
18     or the illegal possession of explosives and an emergency
19     response officer in the performance of his or her duties is
20     killed or injured at the scene of the offense while
21     responding to the emergency caused by the commission of the
22     offense. In this paragraph (12), "emergency" means a
23     situation in which a person's life, health, or safety is in
24     jeopardy; and "emergency response officer" means a peace
25     officer, community policing volunteer, fireman, emergency
26     medical technician-ambulance, emergency medical

 

 

HB1504 Engrossed - 54 - LRB095 10153 RLC 30367 b

1     technician-intermediate, emergency medical
2     technician-paramedic, ambulance driver, other medical
3     assistance or first aid personnel, or hospital emergency
4     room personnel; or
5         (13) 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.
11     (b-1) For the purposes of this Section, "organized gang"
12 has the meaning ascribed to it in Section 10 of the Illinois
13 Streetgang Terrorism Omnibus Prevention Act.
14     (c) The court may impose an extended term sentence under
15 Section 5-8-2 upon any offender who was convicted of aggravated
16 criminal sexual assault or predatory criminal sexual assault of
17 a child under subsection (a)(1) of Section 12-14.1 of the
18 Criminal Code of 1961 where the victim was under 18 years of
19 age at the time of the commission of the offense.
20     (d) The court may impose an extended term sentence under
21 Section 5-8-2 upon any offender who was convicted of unlawful
22 use of weapons under Section 24-1 of the Criminal Code of 1961
23 for possessing a weapon that is not readily distinguishable as
24 one of the weapons enumerated in Section 24-1 of the Criminal
25 Code of 1961.
26     (e) The court shall impose an extended term sentence under

 

 

HB1504 Engrossed - 55 - LRB095 10153 RLC 30367 b

1 Section 5-8-2 upon any offender who is convicted of any felony
2 committed against a person 60 years of age or older at the time
3 of the offense or such person's property.
4 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
5 eff. 9-11-05; 94-819, eff. 5-31-06.)