Sen. Dan Kotowski

Filed: 5/31/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1346

2    AMENDMENT NO. ______. Amend House Bill 1346 on page 1, by
3inserting after line 3 the following:
 
 
4    "Section 3. The Criminal Code of 2012 is amended by adding
5Section 24-1.9 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Delivery, sale, or transfer of large capacity
8ammunition feeding devices.
9    (a) As used in this Section:
10    "Large capacity ammunition feeding device" means:
11        (1) a detachable magazine, belt, drum, feed strip, or
12    similar device that has a capacity of, or that can be
13    readily restored or converted to accept, more than 10
14    rounds of ammunition; or
15        (2) any combination of parts from which a device

 

 

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1    described in paragraph (1) can be assembled.
2    "Large capacity ammunition feeding device" does not
3include a permanently attached tubular device or any device
4that has been made permanently inoperable.
5    (b) Except as provided in subsection (c) or (d), it is
6unlawful for any person to knowingly deliver, sell, or
7transfer, or cause to be delivered, sold, or transferred, a
8large capacity ammunition feeding device. This subsection (b)
9shall not apply to transfers to an heir, an individual residing
10in another state maintaining that device in another state, or a
11dealer licensed as a federal firearms dealer under Section 923
12of the Federal Gun Control Act of 1968.
13    (c) This Section does not apply to or affect any of the
14following:
15        (1) Peace officers as defined in Section 2-13 of this
16    Code and retired peace officers not otherwise prohibited
17    from receiving a firearm, in possession of a large capacity
18    ammunition feeding device transferred to the retired peace
19    officer by his or her law enforcement agency upon
20    retirement.
21        (2) Wardens, superintendents, and keepers of prisons,
22    penitentiaries, jails, and other institutions for the
23    detention of persons accused or convicted of an offense.
24        (3) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duties or while traveling

 

 

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1    to or from their place of duty.
2        (4) Manufacture, transportation, sale, or transfer of
3    large capacity ammunition feeding devices to persons
4    authorized under paragraphs (1) through (3) of this
5    subsection to possess those items or solely for the purpose
6    of sale or transfer outside of this State.
7        (5) Possession of a large capacity ammunition feeding
8    device at events taking place at the World Shooting and
9    Recreational Complex at Sparta, only while engaged in the
10    legal use of the device, or while traveling to or from this
11    location if the items are broken down in a non-functioning
12    state, or are not immediately accessible, or are unloaded
13    and enclosed in a case, firearm carrying box, shipping box,
14    or other container.
15        (6) Possession of any large capacity ammunition
16    feeding device if that large capacity ammunition feeding
17    device is sanctioned by the International Olympic
18    Committee and by USA Shooting, the national governing body
19    for international shooting competition in the United
20    States, but only when the large capacity ammunition feeding
21    device is in the actual possession of an Olympic target
22    shooting competitor or target shooting coach for the
23    purpose of storage, transporting to and from Olympic target
24    shooting practice or events if the device is broken down in
25    a non-functioning state, is not immediately accessible, or
26    is unloaded and enclosed in a case, firearm carrying box,

 

 

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1    shipping box, or other container, and when the Olympic
2    target shooting competitor or target shooting coach is
3    engaging in those practices or events.
4        (7) Possession of a large capacity ammunition feeding
5    device only for a hunting use expressly permitted under
6    Section 2.30 of the Wildlife Code, or while traveling to or
7    from a location authorized for hunting use under Section
8    2.30 of the Wildlife Code if the items are broken down in a
9    non-functioning state, or are not immediately accessible,
10    or are unloaded and enclosed in a case, firearm carrying
11    box, shipping box, or other container.
12        (8) Temporary transfers incident to use while in the
13    immediate presence of the owner of the large capacity
14    ammunition feeding device or subject to a written temporary
15    transfer authorization where the transferor of the large
16    capacity ammunition feeding device is a federal firearms
17    licensee.
18    (d) This Section does not apply to a peace officer who has
19retired in good standing from a law enforcement agency of this
20State and who possesses a large capacity ammunition feeding
21device prohibited by subsection (b) of this Section, if the
22device was lawfully possessed and acquired by the peace officer
23prior to retirement and the retired peace officer within 30
24days of retirement, provides in a registration affidavit, under
25oath or affirmation and in the form and manner prescribed by
26the Department of State Police, his or her name, date of birth,

 

 

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1Firearm Owners Identification Card Number, the device's make,
2model, and caliber. The affidavit shall include a statement
3that the large capacity ammunition feeding device is owned by
4the person submitting the affidavit. Each affidavit form shall
5include the following statement printed in bold type: "Warning:
6Entering false information on this form is punishable as
7perjury under Section 32-2 of the Criminal Code of 2012.". The
8retired officer may transfer the device only to an heir, an
9individual residing in another state maintaining that device in
10another state, or a dealer licensed as a federal firearms
11dealer under Section 923 of the federal Gun Control Act of
121968. Within 10 days after transfer of the device, the person
13shall notify the Department of State Police of the name and
14address of the transferee and comply with the requirements of
15subsection (b) of Section 3 of the Firearm Owners
16Identification Card Act.
17    (e) Sentence. A person who knowingly delivers, sells, or
18transfers, or causes to be delivered, sold, or transferred, in
19violation of this Section a large capacity ammunition feeding
20device capable of holding more than 17 rounds of ammunition
21commits a Class 3 felony for a first violation and a Class 2
22felony for a second or subsequent violation or for delivery,
23sale, or transfer of 2 or more of these devices at the same
24time. A person who knowingly delivers, sells, or transfers, or
25causes to be delivered, sold, or transferred, in violation of
26this Section a large capacity ammunition feeding device capable

 

 

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1of holding more than 10 rounds but not more than 17 rounds of
2ammunition commits a Class 4 felony for a first violation and a
3Class 3 felony for a second or subsequent violation or for
4delivery, sale, or transfer, of more than one of these devices
5at the same time.
 
6    Section 4. The Unified Code of Corrections is amended by
7changing Section 5-5-3.2 as follows:
 
8    (730 ILCS 5/5-5-3.2)
9    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
10Sentencing.
11    (a) The following factors shall be accorded weight in favor
12of imposing a term of imprisonment or may be considered by the
13court as reasons to impose a more severe sentence under Section
145-8-1 or Article 4.5 of Chapter V:
15        (1) the defendant's conduct caused or threatened
16    serious harm;
17        (2) the defendant received compensation for committing
18    the offense;
19        (3) the defendant has a history of prior delinquency or
20    criminal activity;
21        (4) the defendant, by the duties of his office or by
22    his position, was obliged to prevent the particular offense
23    committed or to bring the offenders committing it to
24    justice;

 

 

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

 

 

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

 

 

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1    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
2    or 12-16 of the Criminal Code of 1961 or the Criminal Code
3    of 2012 against that victim;
4        (15) the defendant committed an offense related to the
5    activities of an organized gang. For the purposes of this
6    factor, "organized gang" has the meaning ascribed to it in
7    Section 10 of the Streetgang Terrorism Omnibus Prevention
8    Act;
9        (16) the defendant committed an offense in violation of
10    one of the following Sections while in a school, regardless
11    of the time of day or time of year; on any conveyance
12    owned, leased, or contracted by a school to transport
13    students to or from school or a school related activity; on
14    the real property of a school; or on a public way within
15    1,000 feet of the real property comprising any school:
16    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
17    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
18    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
19    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20    18-2, or 33A-2, or Section 12-3.05 except for subdivision
21    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
22    Criminal Code of 2012;
23        (16.5) the defendant committed an offense in violation
24    of one of the following Sections while in a day care
25    center, regardless of the time of day or time of year; on
26    the real property of a day care center, regardless of the

 

 

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1    time of day or time of year; or on a public way within
2    1,000 feet of the real property comprising any day care
3    center, regardless of the time of day or time of year:
4    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8    18-2, or 33A-2, or Section 12-3.05 except for subdivision
9    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
10    Criminal Code of 2012;
11        (17) the defendant committed the offense by reason of
12    any person's activity as a community policing volunteer or
13    to prevent any person from engaging in activity as a
14    community policing volunteer. For the purpose of this
15    Section, "community policing volunteer" has the meaning
16    ascribed to it in Section 2-3.5 of the Criminal Code of
17    2012;
18        (18) the defendant committed the offense in a nursing
19    home or on the real property comprising a nursing home. For
20    the purposes of this paragraph (18), "nursing home" means a
21    skilled nursing or intermediate long term care facility
22    that is subject to license by the Illinois Department of
23    Public Health under the Nursing Home Care Act, the
24    Specialized Mental Health Rehabilitation Act, or the ID/DD
25    Community Care Act;
26        (19) the defendant was a federally licensed firearm

 

 

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1    dealer and was previously convicted of a violation of
2    subsection (a) of Section 3 of the Firearm Owners
3    Identification Card Act and has now committed either a
4    felony violation of the Firearm Owners Identification Card
5    Act or an act of armed violence while armed with a firearm;
6        (20) the defendant (i) committed the offense of
7    reckless homicide under Section 9-3 of the Criminal Code of
8    1961 or the Criminal Code of 2012 or the offense of driving
9    under the influence of alcohol, other drug or drugs,
10    intoxicating compound or compounds or any combination
11    thereof under Section 11-501 of the Illinois Vehicle Code
12    or a similar provision of a local ordinance 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        (21) the defendant (i) committed the offense of
17    reckless driving or aggravated reckless driving under
18    Section 11-503 of the Illinois Vehicle Code and (ii) was
19    operating a motor vehicle in excess of 20 miles per hour
20    over the posted speed limit as provided in Article VI of
21    Chapter 11 of the Illinois Vehicle Code;
22        (22) the defendant committed the offense against a
23    person that the defendant knew, or reasonably should have
24    known, was a member of the Armed Forces of the United
25    States serving on active duty. For purposes of this clause
26    (22), the term "Armed Forces" means any of the Armed Forces

 

 

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

 

 

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

 

 

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1        (29) the defendant possessed a large capacity
2    ammunition feeding device while committing an offense in
3    violation of Article 9 or Article 24 of the Criminal Code
4    of 2012. For the purposes of this paragraph (29), "large
5    capacity ammunition feeding device" means:
6            (A) a magazine, belt, drum, feed strip, or similar
7        device that has a capacity of, or that can be readily
8        restored or converted to accept, more than 10 rounds of
9        ammunition; or
10            (B) any combination of parts from which a device
11        described in item (A) can be assembled.
12    For the purposes of this Section:
13    "School" is defined as a public or private elementary or
14secondary school, community college, college, or university.
15    "Day care center" means a public or private State certified
16and licensed day care center as defined in Section 2.09 of the
17Child Care Act of 1969 that displays a sign in plain view
18stating that the property is a day care center.
19    "Public transportation" means the transportation or
20conveyance of persons by means available to the general public,
21and includes paratransit services.
22    (b) The following factors, related to all felonies, may be
23considered by the court as reasons to impose an extended term
24sentence under Section 5-8-2 upon any offender:
25        (1) When a defendant is convicted of any felony, after
26    having been previously convicted in Illinois or any other

 

 

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1    jurisdiction of the same or similar class felony or greater
2    class felony, when such conviction has occurred within 10
3    years after the previous conviction, excluding time spent
4    in custody, and such charges are separately brought and
5    tried and arise out of different series of acts; or
6        (2) When a defendant is convicted of any felony and the
7    court finds that the offense was accompanied by
8    exceptionally brutal or heinous behavior indicative of
9    wanton cruelty; or
10        (3) When a defendant is convicted of any felony
11    committed against:
12            (i) a person under 12 years of age at the time of
13        the offense or such person's property;
14            (ii) a person 60 years of age or older at the time
15        of the offense or such person's property; or
16            (iii) a person physically handicapped at the time
17        of the offense or such person's property; or
18        (4) 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        (5) When a defendant is convicted of a felony other
7    than conspiracy and the court finds that the felony was
8    committed under an agreement with 2 or more other persons
9    to commit that offense and the defendant, with respect to
10    the other individuals, occupied a position of organizer,
11    supervisor, financier, or any other position of management
12    or leadership, and the court further finds that the felony
13    committed was related to or in furtherance of the criminal
14    activities of an organized gang or was motivated by the
15    defendant's leadership in an organized gang; or
16        (6) When a defendant is convicted of an offense
17    committed while using a firearm with a laser sight attached
18    to it. For purposes of this paragraph, "laser sight" has
19    the meaning ascribed to it in Section 26-7 of the Criminal
20    Code of 2012; or
21        (7) When a defendant who was at least 17 years of age
22    at the time of the commission of the offense is convicted
23    of a felony and has been previously adjudicated a
24    delinquent minor under the Juvenile Court Act of 1987 for
25    an act that if committed by an adult would be a Class X or
26    Class 1 felony when the conviction has occurred within 10

 

 

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1    years after the previous adjudication, excluding time
2    spent in custody; or
3        (8) When a defendant commits any felony and the
4    defendant used, possessed, exercised control over, or
5    otherwise directed an animal to assault a law enforcement
6    officer engaged in the execution of his or her official
7    duties or in furtherance of the criminal activities of an
8    organized gang in which the defendant is engaged.
9    (c) The following factors may be considered by the court as
10reasons to impose an extended term sentence under Section 5-8-2
11(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
12        (1) When a defendant is convicted of first degree
13    murder, after having been previously convicted in Illinois
14    of any offense listed under paragraph (c)(2) of Section
15    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
16    within 10 years after the previous conviction, excluding
17    time spent in custody, and the charges are separately
18    brought and tried and arise out of different series of
19    acts.
20        (1.5) When a defendant is convicted of first degree
21    murder, after having been previously convicted of domestic
22    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
23    (720 ILCS 5/12-3.3) committed on the same victim or after
24    having been previously convicted of violation of an order
25    of protection (720 ILCS 5/12-30) in which the same victim
26    was the protected person.

 

 

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1        (2) When a defendant is convicted of voluntary
2    manslaughter, second degree murder, involuntary
3    manslaughter, or reckless homicide in which the defendant
4    has been convicted of causing the death of more than one
5    individual.
6        (3) When a defendant is convicted of aggravated
7    criminal sexual assault or criminal sexual assault, when
8    there is a finding that aggravated criminal sexual assault
9    or criminal sexual assault was also committed on the same
10    victim by one or more other individuals, and the defendant
11    voluntarily participated in the crime with the knowledge of
12    the participation of the others in the crime, and the
13    commission of the crime was part of a single course of
14    conduct during which there was no substantial change in the
15    nature of the criminal objective.
16        (4) If the victim was under 18 years of age at the time
17    of the commission of the offense, when a defendant is
18    convicted of aggravated criminal sexual assault or
19    predatory criminal sexual assault of a child under
20    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
21    of Section 12-14.1 of the Criminal Code of 1961 or the
22    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
23        (5) When a defendant is convicted of a felony violation
24    of Section 24-1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
26    finding that the defendant is a member of an organized

 

 

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1    gang.
2        (6) When a defendant was convicted of unlawful use of
3    weapons under Section 24-1 of the Criminal Code of 1961 or
4    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
5    a weapon that is not readily distinguishable as one of the
6    weapons enumerated in Section 24-1 of the Criminal Code of
7    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
8        (7) When a defendant is convicted of an offense
9    involving the illegal manufacture of a controlled
10    substance under Section 401 of the Illinois Controlled
11    Substances Act (720 ILCS 570/401), the illegal manufacture
12    of methamphetamine under Section 25 of the Methamphetamine
13    Control and Community Protection Act (720 ILCS 646/25), or
14    the illegal possession of explosives and an emergency
15    response officer in the performance of his or her duties is
16    killed or injured at the scene of the offense while
17    responding to the emergency caused by the commission of the
18    offense. In this paragraph, "emergency" means a situation
19    in which a person's life, health, or safety is in jeopardy;
20    and "emergency response officer" means a peace officer,
21    community policing volunteer, fireman, emergency medical
22    technician-ambulance, emergency medical
23    technician-intermediate, emergency medical
24    technician-paramedic, ambulance driver, other medical
25    assistance or first aid personnel, or hospital emergency
26    room personnel.

 

 

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1        (8) When the defendant discharged a firearm equipped
2    with a large capacity ammunition feeding device while
3    committing an offense in violation of Article 9 or Article
4    24 of the Criminal Code of 2012. For the purposes of this
5    paragraph (8), "large capacity ammunition feeding device"
6    means:
7            (A) a magazine, belt, drum, feed strip, or similar
8        device that has a capacity of, or that can be readily
9        restored or converted to accept, more than 10 rounds of
10        ammunition; or
11            (B) any combination of parts from which a device
12        described in item (A) can be assembled.
13    (d) For the purposes of this Section, "organized gang" has
14the meaning ascribed to it in Section 10 of the Illinois
15Streetgang Terrorism Omnibus Prevention Act.
16    (e) The court may impose an extended term sentence under
17Article 4.5 of Chapter V upon an offender who has been
18convicted of a felony violation of Section 11-1.20, 11-1.30,
1911-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2012-16 of the Criminal Code of 1961 or the Criminal Code of 2012
21when the victim of the offense is under 18 years of age at the
22time of the commission of the offense and, during the
23commission of the offense, the victim was under the influence
24of alcohol, regardless of whether or not the alcohol was
25supplied by the offender; and the offender, at the time of the
26commission of the offense, knew or should have known that the

 

 

09800HB1346sam001- 21 -LRB098 07975 JWD 46746 a

1victim had consumed alcohol.
2(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
3eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
496-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
51-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
6Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
797-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
897-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
91-25-13.)"; and
 
10on page 2, after line 26 by inserting:
 
11    "Section 99. Effective date. This Act takes effect upon
12becoming law.".