95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3477

 

Introduced 2/28/2007, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
See Index

        Amends the Department of State Police Law of the Civil     Administrative Code of Illinois. Creates in the Department of State     Police the Internet Crimes Enforcement Unit to investigate criminal     offenses committed by use of the Internet. Provides that the     Department of State Police shall establish a toll-free hotline for     members of the public to report alleged Internet crimes to be     investigated by the Internet Crimes Enforcement Unit. Amends the State     Finance Act. Creates the Internet Predator Investigation and     Prosecution Fund in the State treasury. Amends the Criminal Code of     1961. Extends the prohibition of posting identifying information on an     adult obscenity or child pornography site without the consent of the     person to all Internet sites. Prohibits the use of encryption to     commit or assist in committing a criminal offense. Prohibits     contacting a child under 16 years of age by means of the Internet and     the contact involves explicit verbal descriptions or narrative     accounts of a sexual nature. Amends the Harassing and Obscene     Communications Act and the Unified Code of Corrections. Provides     enhanced penalties for harassment by electronic communications and     child pornography. Provides that a defendant who commits a crime using     the Internet shall be assessed an additional $200 fine which shall be     deposited into the Internet Predator Investigation and Prosecution     Fund and shall be used by the Illinois Child Exploitation Task Force     to assist in the training, investigation, and prosecution of Internet     crime.


LRB095 09074 RLC 29266 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3477 LRB095 09074 RLC 29266 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 Department of State Police Law of the Civil
5 Administrative Code of Illinois is amended by adding Section
6 2605-560 as follows:
 
7     (20 ILCS 2605/2605-560 new)
8     Sec. 2605-560. Internet Crimes Enforcement Unit.
9     (a) There is created in the Department the Internet Crimes
10 Enforcement Unit to investigate criminal offenses committed by
11 use of the Internet. The Department shall establish a toll-free
12 hotline for members of the public to report alleged Internet
13 crimes to be investigated by the Internet Crimes Enforcement
14 Unit. Upon receiving a credible report of an alleged Internet
15 crime, the Unit shall inform the local law enforcement agency
16 where the alleged crime occurred of the alleged Internet crime
17 and direct the local law enforcement agency to investigate the
18 crime or to investigate the crime in conjunction with the
19 Department. The Department or the local law enforcement agency
20 may obtain a warrant to search the computer hard drive of any
21 person suspected of committing an Internet crime.
22     (b) The Department shall establish a hyperlink on its home
23 web page to NetSmartz for the purpose of reporting Internet

 

 

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1 crimes against children. Such reports shall be forwarded to the
2 Attorney General's Office and to local State's Attorneys in
3 cooperation with the United States Department of Justice's
4 Internet Crimes Against Children Task Force Program.
5     (c) The Department shall train at least one police officer
6 per State Police Zone to provide NetSmartz training in that
7 zone to schools and other interested parties.
 
8     Section 10. The State Finance Act is amended by adding
9 Section 5.675 as follows:
 
10     (30 ILCS 105/5.675 new)
11     Sec. 5.675. The Internet Predator Investigation and
12 Prosecution Fund.
 
13     Section 15. The Criminal Code of 1961 is amended by
14 changing and renumbering Section 11-23 and by adding Sections
15 11-25, 16D-5.5, and 16D-5.6 as follows:
 
16     (720 ILCS 5/11-25 new)
17     Sec. 11-25. Computer pornography.
18     (a) As used in this Section:
19         "Child" means any person under 16 years of age.
20         "Identifiable child" means a person: (1) who was a
21     child at the time the visual depiction was created,
22     adapted, or modified or whose image as a child was used in

 

 

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1     creating, adapting, or modifying the visual depiction; and
2     (2) who is recognizable as an actual person by the person's
3     face, likeness, or other distinguishing characteristic,
4     such as a unique birthmark or other recognizable feature or
5     by electronic or scientific means as may be available. The
6     term shall not be construed to require proof of the actual
7     identity of the child.
8         "Sadomasochistic abuse" "Sadomasochistic abuse" means
9     flagellation or torture by or upon a person who is nude or
10     clad in undergarments or in revealing or bizarre costume or
11     the condition of being fettered, bound, or otherwise
12     physically restrained on the part of one so clothed.
13         "Sexual conduct" and "sexual penetration"have the same
14     meaning as provided in Section 12-12 of this Code.
15         "Sexual excitement" means the condition of human male
16     or female genitals or the breasts of the female when in a
17     state of sexual stimulation.
18         "Sexually explicit nudity" means a state of undress so
19     as to expose the human male or female genitals, pubic area,
20     or buttocks with less than a full opaque covering, or the
21     showing of the female breast with less than a fully opaque
22     covering of any portion thereof below the top of the
23     nipple, or the depiction of covered or uncovered male
24     genitals in a discernibly turgid state.
25         "Visual depiction" means any image and includes
26     undeveloped film and video tape and data stored on computer

 

 

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1     disk or by electronic means which is capable of conversion
2     into a visual image or which has been created, adapted, or
3     modified to show an identifiable child engaged in sexually
4     explicit conduct.
5     (b) A person commits the offense of computer pornography if
6 he or she intentionally or knowingly for the purpose of
7 offering or soliciting sexual conduct or sexual penetration of
8 or with an identifiable child or the visual depiction of such
9 conduct or penetration:
10         (1) compiles, enters into, or transmits by means of
11     computer;
12         (2) makes, prints, publishes, or reproduces by other
13     computerized means;
14         (3) causes or allows to be entered into or transmitted
15     by means of computer; or
16         (4) buys, sells, receives, exchanges, or disseminates
17     any notice, statement, or advertisement, or any child's
18     name, telephone number, place of residence, physical
19     characteristics, or other descriptive or identifying
20     information.
21     (c) It is unlawful for any owner or operator of a computer
22 on-line service, Internet service, or local bulletin board
23 service intentionally or knowingly to permit a subscriber to
24 utilize the service to commit a violation of this Section,
25 knowing that such person intended to utilize such service to
26 violate this Section. No owner or operator of a public computer

 

 

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1 on-line service, Internet service, or local bulletin board
2 service shall be held liable on account of any action taken in
3 good faith in providing the aforementioned services.
4     (d) (1) Except as otherwise provided in paragraph (2) of
5 this subsection (d), a person convicted of violating subsection
6 (b) of this Section is guilty of a Class 1 felony.
7     (2) If at the time of the offense the victim was 14 or 15
8 years of age and the defendant was no more than 3 years older
9 than the victim, then the defendant is guilty of a Class A
10 misdemeanor.
11     (3) A person who commits a violation of subsection (c) of
12 this Section is guilty of a Class A misdemeanor.
13     (e) The sole fact that an undercover operative or law
14 enforcement officer was involved in the detection and
15 investigation of an offense under this Section does not
16 constitute a defense to prosecution under this Section.
17     (f) A person is subject to prosecution in this State for
18 any conduct made unlawful by this Section that the person
19 engages in while either within or outside of this State if, by
20 such conduct, the person commits a violation of this Section
21 which involves a child who resides in this State or another
22 person believed by such person to be a child residing in this
23 State.
24     (g) Each violation of this Section constitutes a separate
25 offense.
 

 

 

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1     (720 ILCS 5/16D-5.4) was (720 ILCS 5/11-23)
2     Sec. 16D-5.4 11-23. Posting of identifying information on
3 an a pornographic Internet site.
4     (a) A person at least 17 years of age who discloses on an
5 adult obscenity or child pornography Internet site the name,
6 address, telephone number, or e-mail address of a person under
7 17 years of age at the time of the commission of the offense or
8 of a person at least 17 years of age without the consent of the
9 person at least 17 years of age is guilty of the offense of
10 posting of identifying information on an a pornographic
11 Internet site.
12     (b) Sentence. A person who violates this Section is guilty
13 of a Class 4 felony if the victim is at least 17 years of age at
14 the time of the offense and a Class 3 felony if the victim is
15 under 17 years of age at the time of the offense.
16     (c) Definitions. For purposes of this Section:
17         (1) (Blank) "Adult obscenity or child pornography
18     Internet site" means a site on the Internet that contains
19     material that is obscene as defined in Section 11-20 of
20     this Code or that is child pornography as defined in
21     Section 11-20.1 of this Code.
22         (2) "Internet" includes the World Wide Web, electronic
23     mail, a news group posting, or Internet file transfer.
24 (Source: P.A. 91-222, eff. 7-22-99.)
 
25     (720 ILCS 5/16D-5.5 new)

 

 

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1     Sec. 16D-5.5. Unlawful use of encryption.
2     (a) For the purposes of this Section:
3         "Access" means to intercept, instruct, communicate
4     with, store data in, retrieve from or otherwise make use of
5     any resources of a computer, network, or data.
6         "Computer" means an electronic device which performs
7     logical, arithmetic, and memory functions by manipulations
8     of electronic or magnetic impulses and includes all
9     equipment related to the computer in a system or network.
10         "Computer contaminant" means any data, information,
11     image, program, signal, or sound that is designed or has
12     the capability to: (1) contaminate, corrupt, consume,
13     damage, destroy, disrupt, modify, record, or transmit; or
14     (2) cause to be contaminated, corrupted, consumed,
15     damaged, destroyed, disrupted, modified, recorded, or
16     transmitted, any other data, information, image, program,
17     signal or sound contained in a computer, system, or network
18     without the knowledge or consent of the person who owns the
19     other data, information, image, program, signal or sound or
20     the computer, system or network. "Computer contaminant"
21     includes, without limitation: (1) a virus, worm or Trojan
22     horse; (2) spyware that tracks computer activity and is
23     capable of recording and transmitting such information to
24     third parties; or (3) any other similar data, information,
25     image, program, signal, or sound that is designed or has
26     the capability to prevent, impede, delay, or disrupt the

 

 

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1     normal operation or use of any component, device,
2     equipment, system or network.
3         "Data" means a representation in any form of
4     information, knowledge, facts, concepts or instructions
5     which is being prepared or has been formally prepared and
6     is intended to be processed, is being processed or has been
7     processed in a system or network.
8         "Encryption" means the use of any protective or
9     disruptive measure, including, without limitation,
10     cryptography, enciphering, encoding, or a computer
11     contaminant, to: (1) prevent, impede, delay or disrupt
12     access to any data, information, image, program, signal, or
13     sound; (2) cause or make any data, information, image,
14     program, signal, or sound unintelligible or unusable; or
15     (3) prevent, impede, delay, or disrupt the normal operation
16     or use of any component, device, equipment, system, or
17     network.
18         "Network" means a set of related, remotely connected
19     devices and facilities, including more than one system,
20     with the capability to transmit data among any of the
21     devices and facilities. The term includes, without
22     limitation, a local, regional, or global computer network.
23         "Program" means an ordered set of data representing
24     coded instructions or statements which can be executed by a
25     computer and cause the computer to perform one or more
26     tasks.

 

 

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1         "System" means a set of related equipment, whether or
2     not connected, which is used with or for a computer.
3     (b) A person shall not knowingly use or attempt to use
4 encryption, directly or indirectly, to:
5         (1) commit, facilitate, further, or promote any
6     criminal offense;
7         (2) aid, assist, or encourage another person to commit
8     any criminal offense;
9         (3) conceal the commission of any criminal offense;
10         (4) conceal or protect the identity of a person who has
11     committed any criminal offense; or
12         (5) Delay, hinder, or obstruct the administration of
13     the law.
14     (c) Sentence. A person who violates this Section is guilty
15 of a Class A misdemeanor, unless the encryption was used or
16 attempted to be used to commit an offense for which a greater
17 penalty is provided by law. If the encryption was used or
18 attempted to be used to commit an offense for which a greater
19 penalty is provided by law, the person shall be punished as
20 prescribed by law for that offense.
21     (d) A person who violates this Section commits a criminal
22 offense that is separate and distinct from any other criminal
23 offense and may be prosecuted and convicted under this Section
24 whether or not the person or any other person is or has been
25 prosecuted or convicted for any other criminal offense arising
26 out of the same facts as the violation of this Section.
 

 

 

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1     (720 ILCS 5/16D-5.6 new)
2     Sec. 16D-5.6. Enticing child by means of the Internet.
3     (a) For the purposes of this Section, "child", "sexually
4 explicit nudity", "sexual conduct", "sexual penetration",
5 "sexual excitement", and "sadomasochistic abuse" have the
6 meanings ascribed to them in Section 11-25 of this Code.
7     (b) It is unlawful for any person intentionally or
8 knowingly to utilize a computer on-line service or Internet
9 service, including but not limited to a local bulletin board
10 service, Internet chat room, e-mail, or on-line messaging
11 service to seduce, solicit, lure, or entice, or attempt to
12 seduce, solicit, lure, or entice a child or another person
13 believed by such person to be a child to commit any illegal act
14 described in Section 11-6, 11-9, 12-13, 12-14, 12-14.1, 12-15,
15 or 12-16 of this Code.
16     (c) It is unlawful for any person to intentionally or
17 knowingly contact someone he or she knows to be a child or
18 someone he or she believes to be a child via a computer on-line
19 service or Internet service, including but not limited to a
20 local bulletin board service, Internet chat room, e-mail, or
21 on-line messaging service, and the contact involves any matter
22 containing explicit verbal descriptions or narrative accounts
23 of sexually explicit nudity, sexual conduct, sexual
24 excitement, or sadomasochistic abuse that is intended to arouse
25 or satisfy the sexual desire of either the child or the person,

 

 

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1 provided that no conviction shall be had for a violation of
2 this subsection (c) on the unsupported testimony of a child.
3     (d) Sentence. (1) Except as otherwise provided in paragraph
4 (2) of this subsection (d), a violation of this Section is a
5 Class 1 felony.
6     (2) If at the time of the offense the victim was 14 or 15
7 years of age and the defendant was no more than 3 years older
8 than the victim, then the defendant is guilty of a Class A
9 misdemeanor.
10     (e) The sole fact that an undercover operative or law
11 enforcement officer was involved in the detection and
12 investigation of an offense under this Section does not
13 constitute a defense to prosecution under this Section.
14     (f) A person is subject to prosecution in this State for
15 any conduct made unlawful by this Section that the person
16 engages in while either within or outside of this State if, by
17 such conduct, the person commits a violation of this Section
18 which involves a child who resides in this State or another
19 person believed by such person to be a child residing in this
20 State.
21     (g) Each violation of this Section constitutes a separate
22 offense.
 
23     Section 20. The Harassing and Obscene Communications Act is
24 amended by changing Section 2 as follows:
 

 

 

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1     (720 ILCS 135/2)  (from Ch. 134, par. 16.5)
2     Sec. 2. Sentence.
3     (a) Except as provided in subsection (b), a person who
4 violates any of the provisions of Section 1 or , 1-1, or 1-2 of
5 this Act is guilty of a Class B misdemeanor. Except as provided
6 in subsection (b), a second or subsequent violation of Section
7 1 or , 1-1, or 1-2 of this Act is a Class A misdemeanor, for
8 which the court shall impose a minimum of 14 days in jail or,
9 if public or community service is established in the county in
10 which the offender was convicted, 240 hours of public or
11 community service. Except as provided in subsection (b), a
12 person who violates any of the provisions of Section 1-2 of
13 this Act is guilty of a Class A misdemeanor for which the court
14 shall impose a minimum of 15 days in jail and a maximum of 30
15 days in jail. A second or subsequent violation of Section 1-2
16 is a Class 4 felony.
17     (b) In any of the following circumstances, a person who
18 violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
19 a Class 4 felony:
20         (1) The person has 3 or more prior violations in the
21     last 10 years of harassment by telephone under Section 1-1
22     of this Act, harassment through electronic communications
23     under Section 1-2 of this Act, or any similar offense of
24     any state;
25         (2) The person has previously violated the harassment
26     by telephone provisions of Section 1-1 of this Act or the

 

 

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1     harassment through electronic communications provisions of
2     Section 1-2 of this Act or committed any similar offense in
3     any state with the same victim or a member of the victim's
4     family or household;
5         (3) At the time of the offense, the offender was under
6     conditions of bail, probation, mandatory supervised
7     release or was the subject of an order of protection, in
8     this or any other state, prohibiting contact with the
9     victim or any member of the victim's family or household;
10         (4) In the course of the offense, the offender
11     threatened to kill the victim or any member of the victim's
12     family or household;
13         (5) The person has been convicted in the last 10 years
14     of a forcible felony as defined in Section 2-8 of the
15     Criminal Code of 1961; or
16         (6) The person violates paragraph (4.1) of Section 1-1
17     or paragraph (3.1) of subsection (a) of Section 1-2.
18 (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
 
19     Section 25. The Unified Code of Corrections is amended by
20 changing Sections 5-5-3 and 5-5-3.2 as follows:
 
21     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
22     Sec. 5-5-3. Disposition.
23     (a) Except as provided in Section 11-501 of the Illinois
24 Vehicle Code, every person convicted of an offense shall be

 

 

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1 sentenced as provided in this Section.
2     (b) The following options shall be appropriate
3 dispositions, alone or in combination, for all felonies and
4 misdemeanors other than those identified in subsection (c) of
5 this Section:
6         (1) A period of probation.
7         (2) A term of periodic imprisonment.
8         (3) A term of conditional discharge.
9         (4) A term of imprisonment.
10         (5) An order directing the offender to clean up and
11     repair the damage, if the offender was convicted under
12     paragraph (h) of Section 21-1 of the Criminal Code of 1961
13     (now repealed).
14         (6) A fine.
15         (7) An order directing the offender to make restitution
16     to the victim under Section 5-5-6 of this Code.
17         (8) A sentence of participation in a county impact
18     incarceration program under Section 5-8-1.2 of this Code.
19         (9) A term of imprisonment in combination with a term
20     of probation when the offender has been admitted into a
21     drug court program under Section 20 of the Drug Court
22     Treatment Act.
23     Neither a fine nor restitution shall be the sole
24 disposition for a felony and either or both may be imposed only
25 in conjunction with another disposition.
26     (c) (1) When a defendant is found guilty of first degree

 

 

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1     murder the State may either seek a sentence of imprisonment
2     under Section 5-8-1 of this Code, or where appropriate seek
3     a sentence of death under Section 9-1 of the Criminal Code
4     of 1961.
5         (2) A period of probation, a term of periodic
6     imprisonment or conditional discharge shall not be imposed
7     for the following offenses. The court shall sentence the
8     offender to not less than the minimum term of imprisonment
9     set forth in this Code for the following offenses, and may
10     order a fine or restitution or both in conjunction with
11     such term of imprisonment:
12             (A) First degree murder where the death penalty is
13         not imposed.
14             (B) Attempted first degree murder.
15             (C) A Class X felony.
16             (D) A violation of Section 401.1 or 407 of the
17         Illinois Controlled Substances Act, or a violation of
18         subdivision (c)(1) or (c)(2) of Section 401 of that Act
19         which relates to more than 5 grams of a substance
20         containing heroin or cocaine or an analog thereof.
21             (E) A violation of Section 5.1 or 9 of the Cannabis
22         Control Act.
23             (F) A Class 2 or greater felony if the offender had
24         been convicted of a Class 2 or greater felony within 10
25         years of the date on which the offender committed the
26         offense for which he or she is being sentenced, except

 

 

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1         as otherwise provided in Section 40-10 of the
2         Alcoholism and Other Drug Abuse and Dependency Act.
3             (F-5) A violation of Section 24-1, 24-1.1, or
4         24-1.6 of the Criminal Code of 1961 for which
5         imprisonment is prescribed in those Sections.
6             (G) Residential burglary, except as otherwise
7         provided in Section 40-10 of the Alcoholism and Other
8         Drug Abuse and Dependency Act.
9             (H) Criminal sexual assault.
10             (I) Aggravated battery of a senior citizen.
11             (J) A forcible felony if the offense was related to
12         the activities of an organized gang.
13             Before July 1, 1994, for the purposes of this
14         paragraph, "organized gang" means an association of 5
15         or more persons, with an established hierarchy, that
16         encourages members of the association to perpetrate
17         crimes or provides support to the members of the
18         association who do commit crimes.
19             Beginning July 1, 1994, for the purposes of this
20         paragraph, "organized gang" has the meaning ascribed
21         to it in Section 10 of the Illinois Streetgang
22         Terrorism Omnibus Prevention Act.
23             (K) Vehicular hijacking.
24             (L) A second or subsequent conviction for the
25         offense of hate crime when the underlying offense upon
26         which the hate crime is based is felony aggravated

 

 

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1         assault or felony mob action.
2             (M) A second or subsequent conviction for the
3         offense of institutional vandalism if the damage to the
4         property exceeds $300.
5             (N) A Class 3 felony violation of paragraph (1) of
6         subsection (a) of Section 2 of the Firearm Owners
7         Identification Card Act.
8             (O) A violation of Section 12-6.1 of the Criminal
9         Code of 1961.
10             (P) A violation of paragraph (1), (2), (3), (4),
11         (5), or (7) of subsection (a) of Section 11-20.1 of the
12         Criminal Code of 1961.
13             (Q) A violation of Section 20-1.2 or 20-1.3 of the
14         Criminal Code of 1961.
15             (R) A violation of Section 24-3A of the Criminal
16         Code of 1961.
17             (S) (Blank).
18             (T) A second or subsequent violation of the
19         Methamphetamine Control and Community Protection Act.
20         (3) (Blank).
21         (4) A minimum term of imprisonment of not less than 10
22     consecutive days or 30 days of community service shall be
23     imposed for a violation of paragraph (c) of Section 6-303
24     of the Illinois Vehicle Code.
25         (4.1) (Blank).
26         (4.2) Except as provided in paragraph (4.3) of this

 

 

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1     subsection (c), a minimum of 100 hours of community service
2     shall be imposed for a second violation of Section 6-303 of
3     the Illinois Vehicle Code.
4         (4.3) A minimum term of imprisonment of 30 days or 300
5     hours of community service, as determined by the court,
6     shall be imposed for a second violation of subsection (c)
7     of Section 6-303 of the Illinois Vehicle Code.
8         (4.4) Except as provided in paragraph (4.5) and
9     paragraph (4.6) of this subsection (c), a minimum term of
10     imprisonment of 30 days or 300 hours of community service,
11     as determined by the court, shall be imposed for a third or
12     subsequent violation of Section 6-303 of the Illinois
13     Vehicle Code.
14         (4.5) A minimum term of imprisonment of 30 days shall
15     be imposed for a third violation of subsection (c) of
16     Section 6-303 of the Illinois Vehicle Code.
17         (4.6) A minimum term of imprisonment of 180 days shall
18     be imposed for a fourth or subsequent violation of
19     subsection (c) of Section 6-303 of the Illinois Vehicle
20     Code.
21         (5) The court may sentence an offender convicted of a
22     business offense or a petty offense or a corporation or
23     unincorporated association convicted of any offense to:
24             (A) a period of conditional discharge;
25             (B) a fine;
26             (C) make restitution to the victim under Section

 

 

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1         5-5-6 of this Code.
2         (5.1) In addition to any penalties imposed under
3     paragraph (5) of this subsection (c), and except as
4     provided in paragraph (5.2) or (5.3), a person convicted of
5     violating subsection (c) of Section 11-907 of the Illinois
6     Vehicle Code shall have his or her driver's license,
7     permit, or privileges suspended for at least 90 days but
8     not more than one year, if the violation resulted in damage
9     to the property of another person.
10         (5.2) In addition to any penalties imposed under
11     paragraph (5) of this subsection (c), and except as
12     provided in paragraph (5.3), a person convicted of
13     violating subsection (c) of Section 11-907 of the Illinois
14     Vehicle Code shall have his or her driver's license,
15     permit, or privileges suspended for at least 180 days but
16     not more than 2 years, if the violation resulted in injury
17     to another person.
18         (5.3) In addition to any penalties imposed under
19     paragraph (5) of this subsection (c), a person convicted of
20     violating subsection (c) of Section 11-907 of the Illinois
21     Vehicle Code shall have his or her driver's license,
22     permit, or privileges suspended for 2 years, if the
23     violation resulted in the death of another person.
24         (5.4) In addition to any penalties imposed under
25     paragraph (5) of this subsection (c), a person convicted of
26     violating Section 3-707 of the Illinois Vehicle Code shall

 

 

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1     have his or her driver's license, permit, or privileges
2     suspended for 3 months and until he or she has paid a
3     reinstatement fee of $100.
4         (5.5) In addition to any penalties imposed under
5     paragraph (5) of this subsection (c), a person convicted of
6     violating Section 3-707 of the Illinois Vehicle Code during
7     a period in which his or her driver's license, permit, or
8     privileges were suspended for a previous violation of that
9     Section shall have his or her driver's license, permit, or
10     privileges suspended for an additional 6 months after the
11     expiration of the original 3-month suspension and until he
12     or she has paid a reinstatement fee of $100.
13         (6) In no case shall an offender be eligible for a
14     disposition of probation or conditional discharge for a
15     Class 1 felony committed while he was serving a term of
16     probation or conditional discharge for a felony.
17         (7) When a defendant is adjudged a habitual criminal
18     under Article 33B of the Criminal Code of 1961, the court
19     shall sentence the defendant to a term of natural life
20     imprisonment.
21         (8) When a defendant, over the age of 21 years, is
22     convicted of a Class 1 or Class 2 felony, after having
23     twice been convicted in any state or federal court of an
24     offense that contains the same elements as an offense now
25     classified in Illinois as a Class 2 or greater Class felony
26     and such charges are separately brought and tried and arise

 

 

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1     out of different series of acts, such defendant shall be
2     sentenced as a Class X offender. This paragraph shall not
3     apply unless (1) the first felony was committed after the
4     effective date of this amendatory Act of 1977; and (2) the
5     second felony was committed after conviction on the first;
6     and (3) the third felony was committed after conviction on
7     the second. A person sentenced as a Class X offender under
8     this paragraph is not eligible to apply for treatment as a
9     condition of probation as provided by Section 40-10 of the
10     Alcoholism and Other Drug Abuse and Dependency Act.
11         (9) A defendant convicted of a second or subsequent
12     offense of ritualized abuse of a child may be sentenced to
13     a term of natural life imprisonment.
14         (10) (Blank).
15         (11) The court shall impose a minimum fine of $1,000
16     for a first offense and $2,000 for a second or subsequent
17     offense upon a person convicted of or placed on supervision
18     for battery when the individual harmed was a sports
19     official or coach at any level of competition and the act
20     causing harm to the sports official or coach occurred
21     within an athletic facility or within the immediate
22     vicinity of the athletic facility at which the sports
23     official or coach was an active participant of the athletic
24     contest held at the athletic facility. For the purposes of
25     this paragraph (11), "sports official" means a person at an
26     athletic contest who enforces the rules of the contest,

 

 

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1     such as an umpire or referee; "athletic facility" means an
2     indoor or outdoor playing field or recreational area where
3     sports activities are conducted; and "coach" means a person
4     recognized as a coach by the sanctioning authority that
5     conducted the sporting event.
6         (12) A person may not receive a disposition of court
7     supervision for a violation of Section 5-16 of the Boat
8     Registration and Safety Act if that person has previously
9     received a disposition of court supervision for a violation
10     of that Section.
11     (d) In any case in which a sentence originally imposed is
12 vacated, the case shall be remanded to the trial court. The
13 trial court shall hold a hearing under Section 5-4-1 of the
14 Unified Code of Corrections which may include evidence of the
15 defendant's life, moral character and occupation during the
16 time since the original sentence was passed. The trial court
17 shall then impose sentence upon the defendant. The trial court
18 may impose any sentence which could have been imposed at the
19 original trial subject to Section 5-5-4 of the Unified Code of
20 Corrections. If a sentence is vacated on appeal or on
21 collateral attack due to the failure of the trier of fact at
22 trial to determine beyond a reasonable doubt the existence of a
23 fact (other than a prior conviction) necessary to increase the
24 punishment for the offense beyond the statutory maximum
25 otherwise applicable, either the defendant may be re-sentenced
26 to a term within the range otherwise provided or, if the State

 

 

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1 files notice of its intention to again seek the extended
2 sentence, the defendant shall be afforded a new trial.
3     (e) In cases where prosecution for aggravated criminal
4 sexual abuse under Section 12-16 of the Criminal Code of 1961
5 results in conviction of a defendant who was a family member of
6 the victim at the time of the commission of the offense, the
7 court shall consider the safety and welfare of the victim and
8 may impose a sentence of probation only where:
9         (1) the court finds (A) or (B) or both are appropriate:
10             (A) the defendant is willing to undergo a court
11         approved counseling program for a minimum duration of 2
12         years; or
13             (B) the defendant is willing to participate in a
14         court approved plan including but not limited to the
15         defendant's:
16                 (i) removal from the household;
17                 (ii) restricted contact with the victim;
18                 (iii) continued financial support of the
19             family;
20                 (iv) restitution for harm done to the victim;
21             and
22                 (v) compliance with any other measures that
23             the court may deem appropriate; and
24         (2) the court orders the defendant to pay for the
25     victim's counseling services, to the extent that the court
26     finds, after considering the defendant's income and

 

 

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1     assets, that the defendant is financially capable of paying
2     for such services, if the victim was under 18 years of age
3     at the time the offense was committed and requires
4     counseling as a result of the offense.
5     Probation may be revoked or modified pursuant to Section
6 5-6-4; except where the court determines at the hearing that
7 the defendant violated a condition of his or her probation
8 restricting contact with the victim or other family members or
9 commits another offense with the victim or other family
10 members, the court shall revoke the defendant's probation and
11 impose a term of imprisonment.
12     For the purposes of this Section, "family member" and
13 "victim" shall have the meanings ascribed to them in Section
14 12-12 of the Criminal Code of 1961.
15     (f) This Article shall not deprive a court in other
16 proceedings to order a forfeiture of property, to suspend or
17 cancel a license, to remove a person from office, or to impose
18 any other civil penalty.
19     (g) Whenever a defendant is convicted of an offense under
20 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
21 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
22 of the Criminal Code of 1961, the defendant shall undergo
23 medical testing to determine whether the defendant has any
24 sexually transmissible disease, including a test for infection
25 with human immunodeficiency virus (HIV) or any other identified
26 causative agent of acquired immunodeficiency syndrome (AIDS).

 

 

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1 Any such medical test shall be performed only by appropriately
2 licensed medical practitioners and may include an analysis of
3 any bodily fluids as well as an examination of the defendant's
4 person. Except as otherwise provided by law, the results of
5 such test shall be kept strictly confidential by all medical
6 personnel involved in the testing and must be personally
7 delivered in a sealed envelope to the judge of the court in
8 which the conviction was entered for the judge's inspection in
9 camera. Acting in accordance with the best interests of the
10 victim and the public, the judge shall have the discretion to
11 determine to whom, if anyone, the results of the testing may be
12 revealed. The court shall notify the defendant of the test
13 results. The court shall also notify the victim if requested by
14 the victim, and if the victim is under the age of 15 and if
15 requested by the victim's parents or legal guardian, the court
16 shall notify the victim's parents or legal guardian of the test
17 results. The court shall provide information on the
18 availability of HIV testing and counseling at Department of
19 Public Health facilities to all parties to whom the results of
20 the testing are revealed and shall direct the State's Attorney
21 to provide the information to the victim when possible. A
22 State's Attorney may petition the court to obtain the results
23 of any HIV test administered under this Section, and the court
24 shall grant the disclosure if the State's Attorney shows it is
25 relevant in order to prosecute a charge of criminal
26 transmission of HIV under Section 12-16.2 of the Criminal Code

 

 

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1 of 1961 against the defendant. The court shall order that the
2 cost of any such test shall be paid by the county and may be
3 taxed as costs against the convicted defendant.
4     (g-5) When an inmate is tested for an airborne communicable
5 disease, as determined by the Illinois Department of Public
6 Health including but not limited to tuberculosis, the results
7 of the test shall be personally delivered by the warden or his
8 or her designee in a sealed envelope to the judge of the court
9 in which the inmate must appear for the judge's inspection in
10 camera if requested by the judge. Acting in accordance with the
11 best interests of those in the courtroom, the judge shall have
12 the discretion to determine what if any precautions need to be
13 taken to prevent transmission of the disease in the courtroom.
14     (h) Whenever a defendant is convicted of an offense under
15 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16 defendant shall undergo medical testing to determine whether
17 the defendant has been exposed to human immunodeficiency virus
18 (HIV) or any other identified causative agent of acquired
19 immunodeficiency syndrome (AIDS). Except as otherwise provided
20 by law, the results of such test shall be kept strictly
21 confidential by all medical personnel involved in the testing
22 and must be personally delivered in a sealed envelope to the
23 judge of the court in which the conviction was entered for the
24 judge's inspection in camera. Acting in accordance with the
25 best interests of the public, the judge shall have the
26 discretion to determine to whom, if anyone, the results of the

 

 

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1 testing may be revealed. The court shall notify the defendant
2 of a positive test showing an infection with the human
3 immunodeficiency virus (HIV). The court shall provide
4 information on the availability of HIV testing and counseling
5 at Department of Public Health facilities to all parties to
6 whom the results of the testing are revealed and shall direct
7 the State's Attorney to provide the information to the victim
8 when possible. A State's Attorney may petition the court to
9 obtain the results of any HIV test administered under this
10 Section, and the court shall grant the disclosure if the
11 State's Attorney shows it is relevant in order to prosecute a
12 charge of criminal transmission of HIV under Section 12-16.2 of
13 the Criminal Code of 1961 against the defendant. The court
14 shall order that the cost of any such test shall be paid by the
15 county and may be taxed as costs against the convicted
16 defendant.
17     (i) All fines and penalties imposed under this Section for
18 any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance, and
20 any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected and
22 disbursed by the circuit clerk as provided under Section 27.5
23 of the Clerks of Courts Act.
24     (j) In cases when prosecution for any violation of Section
25 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
26 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

 

 

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1 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
2 Code of 1961, any violation of the Illinois Controlled
3 Substances Act, any violation of the Cannabis Control Act, or
4 any violation of the Methamphetamine Control and Community
5 Protection Act results in conviction, a disposition of court
6 supervision, or an order of probation granted under Section 10
7 of the Cannabis Control Act, Section 410 of the Illinois
8 Controlled Substance Act, or Section 70 of the Methamphetamine
9 Control and Community Protection Act of a defendant, the court
10 shall determine whether the defendant is employed by a facility
11 or center as defined under the Child Care Act of 1969, a public
12 or private elementary or secondary school, or otherwise works
13 with children under 18 years of age on a daily basis. When a
14 defendant is so employed, the court shall order the Clerk of
15 the Court to send a copy of the judgment of conviction or order
16 of supervision or probation to the defendant's employer by
17 certified mail. If the employer of the defendant is a school,
18 the Clerk of the Court shall direct the mailing of a copy of
19 the judgment of conviction or order of supervision or probation
20 to the appropriate regional superintendent of schools. The
21 regional superintendent of schools shall notify the State Board
22 of Education of any notification under this subsection.
23     (j-5) A defendant at least 17 years of age who is convicted
24 of a felony and who has not been previously convicted of a
25 misdemeanor or felony and who is sentenced to a term of
26 imprisonment in the Illinois Department of Corrections shall as

 

 

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1 a condition of his or her sentence be required by the court to
2 attend educational courses designed to prepare the defendant
3 for a high school diploma and to work toward a high school
4 diploma or to work toward passing the high school level Test of
5 General Educational Development (GED) or to work toward
6 completing a vocational training program offered by the
7 Department of Corrections. If a defendant fails to complete the
8 educational training required by his or her sentence during the
9 term of incarceration, the Prisoner Review Board shall, as a
10 condition of mandatory supervised release, require the
11 defendant, at his or her own expense, to pursue a course of
12 study toward a high school diploma or passage of the GED test.
13 The Prisoner Review Board shall revoke the mandatory supervised
14 release of a defendant who wilfully fails to comply with this
15 subsection (j-5) upon his or her release from confinement in a
16 penal institution while serving a mandatory supervised release
17 term; however, the inability of the defendant after making a
18 good faith effort to obtain financial aid or pay for the
19 educational training shall not be deemed a wilful failure to
20 comply. The Prisoner Review Board shall recommit the defendant
21 whose mandatory supervised release term has been revoked under
22 this subsection (j-5) as provided in Section 3-3-9. This
23 subsection (j-5) does not apply to a defendant who has a high
24 school diploma or has successfully passed the GED test. This
25 subsection (j-5) does not apply to a defendant who is
26 determined by the court to be developmentally disabled or

 

 

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1 otherwise mentally incapable of completing the educational or
2 vocational program.
3     (k) A court may not impose a sentence or disposition for a
4 felony or misdemeanor that requires the defendant to be
5 implanted or injected with or to use any form of birth control.
6     (l) (A) Except as provided in paragraph (C) of subsection
7     (l), whenever a defendant, who is an alien as defined by
8     the Immigration and Nationality Act, is convicted of any
9     felony or misdemeanor offense, the court after sentencing
10     the defendant may, upon motion of the State's Attorney,
11     hold sentence in abeyance and remand the defendant to the
12     custody of the Attorney General of the United States or his
13     or her designated agent to be deported when:
14             (1) a final order of deportation has been issued
15         against the defendant pursuant to proceedings under
16         the Immigration and Nationality Act, and
17             (2) the deportation of the defendant would not
18         deprecate the seriousness of the defendant's conduct
19         and would not be inconsistent with the ends of justice.
20         Otherwise, the defendant shall be sentenced as
21     provided in this Chapter V.
22         (B) If the defendant has already been sentenced for a
23     felony or misdemeanor offense, or has been placed on
24     probation under Section 10 of the Cannabis Control Act,
25     Section 410 of the Illinois Controlled Substances Act, or
26     Section 70 of the Methamphetamine Control and Community

 

 

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1     Protection Act, the court may, upon motion of the State's
2     Attorney to suspend the sentence imposed, commit the
3     defendant to the custody of the Attorney General of the
4     United States or his or her designated agent when:
5             (1) a final order of deportation has been issued
6         against the defendant pursuant to proceedings under
7         the Immigration and Nationality Act, and
8             (2) the deportation of the defendant would not
9         deprecate the seriousness of the defendant's conduct
10         and would not be inconsistent with the ends of justice.
11         (C) This subsection (l) does not apply to offenders who
12     are subject to the provisions of paragraph (2) of
13     subsection (a) of Section 3-6-3.
14         (D) Upon motion of the State's Attorney, if a defendant
15     sentenced under this Section returns to the jurisdiction of
16     the United States, the defendant shall be recommitted to
17     the custody of the county from which he or she was
18     sentenced. Thereafter, the defendant shall be brought
19     before the sentencing court, which may impose any sentence
20     that was available under Section 5-5-3 at the time of
21     initial sentencing. In addition, the defendant shall not be
22     eligible for additional good conduct credit for
23     meritorious service as provided under Section 3-6-6.
24     (m) A person convicted of criminal defacement of property
25 under Section 21-1.3 of the Criminal Code of 1961, in which the
26 property damage exceeds $300 and the property damaged is a

 

 

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1 school building, shall be ordered to perform community service
2 that may include cleanup, removal, or painting over the
3 defacement.
4     (n) The court may sentence a person convicted of a
5 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
6 Code of 1961 (i) to an impact incarceration program if the
7 person is otherwise eligible for that program under Section
8 5-8-1.1, (ii) to community service, or (iii) if the person is
9 an addict or alcoholic, as defined in the Alcoholism and Other
10 Drug Abuse and Dependency Act, to a substance or alcohol abuse
11 program licensed under that Act.
12     (o) Whenever a person is convicted of a sex offense as
13 defined in Section 2 of the Sex Offender Registration Act, the
14 defendant's driver's license or permit shall be subject to
15 renewal on an annual basis in accordance with the provisions of
16 license renewal established by the Secretary of State.
17     (p) Any person convicted of an aggravated offense under
18 paragraph (22) of Section 5-5-3.2 of this Code, in addition to
19 any other disposition, penalty, or fine imposed shall pay an
20 additional fine of $200.
21         (1) The Internet Predator Investigation and
22     Prosecution Fund is hereby created as a special fund in the
23     State treasury.
24         (2) All fees collected by the clerk of the court under
25     this Section shall be forwarded to the Internet Predator
26     Investigation and Prosecution Fund for deposit. The clerk

 

 

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1     of the circuit court may retain $10 from each collected
2     fine to offset administrative costs incurred in carrying
3     out the clerk's responsibilities under this paragraph (p).
4         (3) Fees deposited into the Internet Predator
5     Investigation and Prosecution Fund shall be used by the
6     Illinois Child Exploitation Task Force to assist in the
7     training, investigation, and prosecution of Internet
8     crime.
9 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
10 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
11 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
12 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
13 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
14 revised 8-28-06.)
 
15     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
16     Sec. 5-5-3.2. Factors in Aggravation.
17     (a) The following factors shall be accorded weight in favor
18 of imposing a term of imprisonment or may be considered by the
19 court as reasons to impose a more severe sentence under Section
20 5-8-1:
21         (1) the defendant's conduct caused or threatened
22     serious harm;
23         (2) the defendant received compensation for committing
24     the offense;
25         (3) the defendant has a history of prior delinquency or

 

 

HB3477 - 34 - LRB095 09074 RLC 29266 b

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

 

 

HB3477 - 35 - LRB095 09074 RLC 29266 b

1     (by blood or marriage) of a person described in clause (i)
2     or (ii). For the purposes of this Section, "sexual
3     orientation" means heterosexuality, homosexuality, or
4     bisexuality;
5         (11) the offense took place in a place of worship or on
6     the grounds of a place of worship, immediately prior to,
7     during or immediately following worship services. For
8     purposes of this subparagraph, "place of worship" shall
9     mean any church, synagogue or other building, structure or
10     place used primarily for religious worship;
11         (12) the defendant was convicted of a felony committed
12     while he was released on bail or his own recognizance
13     pending trial for a prior felony and was convicted of such
14     prior felony, or the defendant was convicted of a felony
15     committed while he was serving a period of probation,
16     conditional discharge, or mandatory supervised release
17     under subsection (d) of Section 5-8-1 for a prior felony;
18         (13) the defendant committed or attempted to commit a
19     felony while he was wearing a bulletproof vest. For the
20     purposes of this paragraph (13), a bulletproof vest is any
21     device which is designed for the purpose of protecting the
22     wearer from bullets, shot or other lethal projectiles;
23         (14) the defendant held a position of trust or
24     supervision such as, but not limited to, family member as
25     defined in Section 12-12 of the Criminal Code of 1961,
26     teacher, scout leader, baby sitter, or day care worker, in

 

 

HB3477 - 36 - LRB095 09074 RLC 29266 b

1     relation to a victim under 18 years of age, and the
2     defendant committed an offense in violation of Section
3     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
4     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
5     against that victim;
6         (15) the defendant committed an offense related to the
7     activities of an organized gang. For the purposes of this
8     factor, "organized gang" has the meaning ascribed to it in
9     Section 10 of the Streetgang Terrorism Omnibus Prevention
10     Act;
11         (16) the defendant committed an offense in violation of
12     one of the following Sections while in a school, regardless
13     of the time of day or time of year; on any conveyance
14     owned, leased, or contracted by a school to transport
15     students to or from school or a school related activity; on
16     the real property of a school; or on a public way within
17     1,000 feet of the real property comprising any school:
18     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
19     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
20     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
21     33A-2 of the Criminal Code of 1961;
22         (16.5) the defendant committed an offense in violation
23     of one of the following Sections while in a day care
24     center, regardless of the time of day or time of year; on
25     the real property of a day care center, regardless of the
26     time of day or time of year; or on a public way within

 

 

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1     1,000 feet of the real property comprising any day care
2     center, regardless of the time of day or time of year:
3     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
4     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
6     33A-2 of the Criminal Code of 1961;
7         (17) the defendant committed the offense by reason of
8     any person's activity as a community policing volunteer or
9     to prevent any person from engaging in activity as a
10     community policing volunteer. For the purpose of this
11     Section, "community policing volunteer" has the meaning
12     ascribed to it in Section 2-3.5 of the Criminal Code of
13     1961;
14         (18) the defendant committed the offense in a nursing
15     home or on the real property comprising a nursing home. For
16     the purposes of this paragraph (18), "nursing home" means a
17     skilled nursing or intermediate long term care facility
18     that is subject to license by the Illinois Department of
19     Public Health under the Nursing Home Care Act;
20         (19) the defendant was a federally licensed firearm
21     dealer and was previously convicted of a violation of
22     subsection (a) of Section 3 of the Firearm Owners
23     Identification Card Act and has now committed either a
24     felony violation of the Firearm Owners Identification Card
25     Act or an act of armed violence while armed with a firearm;
26         (20) the defendant (i) committed the offense of

 

 

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1     reckless homicide under Section 9-3 of the Criminal Code of
2     1961 or the offense of driving under the influence of
3     alcohol, other drug or drugs, intoxicating compound or
4     compounds or any combination thereof under Section 11-501
5     of the Illinois Vehicle Code or a similar provision of a
6     local ordinance and (ii) was operating a motor vehicle in
7     excess of 20 miles per hour over the posted speed limit as
8     provided in Article VI of Chapter 11 of the Illinois
9     Vehicle Code; or
10         (21) the defendant (i) committed the offense of
11     reckless driving or aggravated reckless driving under
12     Section 11-503 of the Illinois Vehicle Code and (ii) was
13     operating a motor vehicle in excess of 20 miles per hour
14     over the posted speed limit as provided in Article VI of
15     Chapter 11 of the Illinois Vehicle Code; .
16         (22) the defendant used electronic communications to
17     persuade, induce, entice, or coerce any individual, to
18     engage in criminal activity or lured him or her to or away
19     from a location with the intent to commit any offense in
20     which the person being lured became a victim as a result.
21     For the purposes of this paragraph (22), "electronic
22     communication" means any transfer of signs, signals,
23     writings, sounds, data, or intelligence of any nature
24     transmitted in whole or in part by a wire, radio,
25     electromagnetic, photoelectric, or photo-optical system;
26     and "electronic communication" includes transmissions by a

 

 

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1     computer through the Internet to another computer;
2         (23) the defendant committed an offense under
3     paragraph (a)(1)(i) or (a) (1)(vi) of Section 11-20.1 of
4     the Criminal Code of 1961; or
5         (24) the defendant committed any offense under Section
6     11-20.1 of the Criminal Code of 1961 and possessed 100 or
7     more images.
8     For the purposes of this Section:
9     "School" is defined as a public or private elementary or
10 secondary school, community college, college, or university.
11     "Day care center" means a public or private State certified
12 and licensed day care center as defined in Section 2.09 of the
13 Child Care Act of 1969 that displays a sign in plain view
14 stating that the property is a day care center.
15     (b) The following factors may be considered by the court as
16 reasons to impose an extended term sentence under Section 5-8-2
17 upon any offender:
18         (1) When a defendant is convicted of any felony, after
19     having been previously convicted in Illinois or any other
20     jurisdiction of the same or similar class felony or greater
21     class felony, when such conviction has occurred within 10
22     years after the previous conviction, excluding time spent
23     in custody, and such charges are separately brought and
24     tried and arise out of different series of acts; or
25         (2) When a defendant is convicted of any felony and the
26     court finds that the offense was accompanied by

 

 

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1     exceptionally brutal or heinous behavior indicative of
2     wanton cruelty; or
3         (3) When a defendant is convicted of voluntary
4     manslaughter, second degree murder, involuntary
5     manslaughter or reckless homicide in which the defendant
6     has been convicted of causing the death of more than one
7     individual; or
8         (4) When a defendant is convicted of any felony
9     committed against:
10             (i) a person under 12 years of age at the time of
11         the offense or such person's property;
12             (ii) a person 60 years of age or older at the time
13         of the offense or such person's property; or
14             (iii) a person physically handicapped at the time
15         of the offense or such person's property; or
16         (5) In the case of a defendant convicted of aggravated
17     criminal sexual assault or criminal sexual assault, when
18     the court finds that aggravated criminal sexual assault or
19     criminal sexual assault was also committed on the same
20     victim by one or more other individuals, and the defendant
21     voluntarily participated in the crime with the knowledge of
22     the participation of the others in the crime, and the
23     commission of the crime was part of a single course of
24     conduct during which there was no substantial change in the
25     nature of the criminal objective; or
26         (6) When a defendant is convicted of any felony and the

 

 

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1     offense involved any of the following types of specific
2     misconduct committed as part of a ceremony, rite,
3     initiation, observance, performance, practice or activity
4     of any actual or ostensible religious, fraternal, or social
5     group:
6             (i) the brutalizing or torturing of humans or
7         animals;
8             (ii) the theft of human corpses;
9             (iii) the kidnapping of humans;
10             (iv) the desecration of any cemetery, religious,
11         fraternal, business, governmental, educational, or
12         other building or property; or
13             (v) ritualized abuse of a child; or
14         (7) When a defendant is convicted of first degree
15     murder, after having been previously convicted in Illinois
16     of any offense listed under paragraph (c)(2) of Section
17     5-5-3, when such conviction has occurred within 10 years
18     after the previous conviction, excluding time spent in
19     custody, and such charges are separately brought and tried
20     and arise out of different series of acts; or
21         (8) When a defendant is convicted of a felony other
22     than conspiracy and the court finds that the felony was
23     committed under an agreement with 2 or more other persons
24     to commit that offense and the defendant, with respect to
25     the other individuals, occupied a position of organizer,
26     supervisor, financier, or any other position of management

 

 

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1     or leadership, and the court further finds that the felony
2     committed was related to or in furtherance of the criminal
3     activities of an organized gang or was motivated by the
4     defendant's leadership in an organized gang; or
5         (9) When a defendant is convicted of a felony violation
6     of Section 24-1 of the Criminal Code of 1961 and the court
7     finds that the defendant is a member of an organized gang;
8     or
9         (10) When a defendant committed the offense using a
10     firearm with a laser sight attached to it. For purposes of
11     this paragraph (10), "laser sight" has the meaning ascribed
12     to it in Section 24.6-5 of the Criminal Code of 1961; or
13         (11) When a defendant who was at least 17 years of age
14     at the time of the commission of the offense is convicted
15     of a felony and has been previously adjudicated a
16     delinquent minor under the Juvenile Court Act of 1987 for
17     an act that if committed by an adult would be a Class X or
18     Class 1 felony when the conviction has occurred within 10
19     years after the previous adjudication, excluding time
20     spent in custody; or
21         (12) When a defendant commits an offense involving the
22     illegal manufacture of a controlled substance under
23     Section 401 of the Illinois Controlled Substances Act, the
24     illegal manufacture of methamphetamine under Section 25 of
25     the Methamphetamine Control and Community Protection Act,
26     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
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.
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

 

 

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1 age at the time of the commission of the offense.
2     (d) The court may impose an extended term sentence under
3 Section 5-8-2 upon any offender who was convicted of unlawful
4 use of weapons under Section 24-1 of the Criminal Code of 1961
5 for possessing a weapon that is not readily distinguishable as
6 one of the weapons enumerated in Section 24-1 of the Criminal
7 Code of 1961.
8 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
9 eff. 9-11-05; 94-819, eff. 5-31-06.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     20 ILCS 2605/2605-560 new
4     30 ILCS 105/5.675 new
5     720 ILCS 5/11-25 new
6     720 ILCS 5/16D-5.4 was 720
7     ILCS 5/11-23
8     720 ILCS 5/16D-5.5 new
9     720 ILCS 5/16D-5.6 new
10     720 ILCS 135/2 from Ch. 134, par. 16.5
11     730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
12     730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2