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Full Text of HB4308  99th General Assembly

HB4308 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4308

 

Introduced , by Rep. Jerry F. Costello, II, John E. Bradley, Daniel V. Beiser and Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1
730 ILCS 5/5-5-3.2

    Amends the Criminal Code of 2012. Provides that a person also commits a hate crime when because another individual or group of individuals was wearing a uniform of a member of the United States Armed Forces or National Guard or was wearing United States veterans' organization regalia, he or she commits, regardless of the existence of any other motivating factor or factors, assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications against that individual or group of individuals. Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that because another individual was wearing a uniform of a member of the United States Armed Forces or National Guard or was wearing United States veterans' organization regalia, the defendant committed the offense against (1) the person or property of that individual; (2) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (3) the person or property of a relative (by blood or marriage) of that person. Effective immediately.


LRB099 14107 RLC 38648 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4308LRB099 14107 RLC 38648 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12-7.1 as follows:
 
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    (Text of Section before amendment by P.A. 99-77)
8    Sec. 12-7.1. Hate crime.
9    (a) A person commits hate crime when, by reason of the
10actual or perceived race, color, creed, religion, ancestry,
11gender, sexual orientation, physical or mental disability, or
12national origin of another individual or group of individuals
13or because that other individual or group of individuals was
14wearing a uniform of a member of the United States Armed Forces
15or National Guard or was wearing United States veterans'
16organization regalia, regardless of the existence of any other
17motivating factor or factors, he or she commits assault,
18battery, aggravated assault, misdemeanor theft, criminal
19trespass to residence, misdemeanor criminal damage to
20property, criminal trespass to vehicle, criminal trespass to
21real property, mob action, disorderly conduct, harassment by
22telephone, or harassment through electronic communications as
23these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1,

 

 

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119-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs
2(a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
3    (b) Except as provided in subsection (b-5), hate crime is a
4Class 4 felony for a first offense and a Class 2 felony for a
5second or subsequent offense.
6    (b-5) Hate crime is a Class 3 felony for a first offense
7and a Class 2 felony for a second or subsequent offense if
8committed:
9        (1) in a church, synagogue, mosque, or other building,
10    structure, or place used for religious worship or other
11    religious purpose;
12        (2) in a cemetery, mortuary, or other facility used for
13    the purpose of burial or memorializing the dead;
14        (3) in a school or other educational facility,
15    including an administrative facility or public or private
16    dormitory facility of or associated with the school or
17    other educational facility;
18        (4) in a public park or an ethnic or religious
19    community center;
20        (5) on the real property comprising any location
21    specified in clauses (1) through (4) of this subsection
22    (b-5); or
23        (6) on a public way within 1,000 feet of the real
24    property comprising any location specified in clauses (1)
25    through (4) of this subsection (b-5).
26    (b-10) Upon imposition of any sentence, the trial court

 

 

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1shall also either order restitution paid to the victim or
2impose a fine up to $1,000. In addition, any order of probation
3or conditional discharge entered following a conviction or an
4adjudication of delinquency shall include a condition that the
5offender perform public or community service of no less than
6200 hours if that service is established in the county where
7the offender was convicted of hate crime. In addition, any
8order of probation or conditional discharge entered following a
9conviction or an adjudication of delinquency shall include a
10condition that the offender enroll in an educational program
11discouraging hate crimes if the offender caused criminal damage
12to property consisting of religious fixtures, objects, or
13decorations. The educational program may be administered, as
14determined by the court, by a university, college, community
15college, non-profit organization, or the Holocaust and
16Genocide Commission. Nothing in this subsection (b-10)
17prohibits courses discouraging hate crimes from being made
18available online. The court may also impose any other condition
19of probation or conditional discharge under this Section.
20    (c) Independent of any criminal prosecution or the result
21thereof, any person suffering injury to his person or damage to
22his property as a result of hate crime may bring a civil action
23for damages, injunction or other appropriate relief. The court
24may award actual damages, including damages for emotional
25distress, or punitive damages. A judgment may include
26attorney's fees and costs. The parents or legal guardians,

 

 

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1other than guardians appointed pursuant to the Juvenile Court
2Act or the Juvenile Court Act of 1987, of an unemancipated
3minor shall be liable for the amount of any judgment for actual
4damages rendered against such minor under this subsection (c)
5in any amount not exceeding the amount provided under Section 5
6of the Parental Responsibility Law.
7    (d) In this Section:
8        "Sexual orientation" means heterosexuality,
9    homosexuality, or bisexuality.
10        "Veterans' organization" means an organization
11    comprised of members of which substantially all are
12    individuals who are veterans or spouses, widows, or
13    widowers of veterans, the primary purpose of which is to
14    promote the welfare of its members and to provide
15    assistance to the general public in such a way as to confer
16    a public benefit.
17(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12;
1897-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)
 
19    (Text of Section after amendment by P.A. 99-77)
20    Sec. 12-7.1. Hate crime.
21    (a) A person commits hate crime when, by reason of the
22actual or perceived race, color, creed, religion, ancestry,
23gender, sexual orientation, physical or mental disability, or
24national origin of another individual or group of individuals
25or because that other individual or group of individuals was

 

 

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1wearing a uniform of a member of the United States Armed Forces
2or National Guard or was wearing United States veterans'
3organization regalia, regardless of the existence of any other
4motivating factor or factors, he or she commits assault,
5battery, aggravated assault, misdemeanor theft, criminal
6trespass to residence, misdemeanor criminal damage to
7property, criminal trespass to vehicle, criminal trespass to
8real property, mob action, disorderly conduct, harassment by
9telephone, or harassment through electronic communications as
10these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1,
1119-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs
12(a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
13    (b) Except as provided in subsection (b-5), hate crime is a
14Class 4 felony for a first offense and a Class 2 felony for a
15second or subsequent offense.
16    (b-5) Hate crime is a Class 3 felony for a first offense
17and a Class 2 felony for a second or subsequent offense if
18committed:
19        (1) in a church, synagogue, mosque, or other building,
20    structure, or place used for religious worship or other
21    religious purpose;
22        (2) in a cemetery, mortuary, or other facility used for
23    the purpose of burial or memorializing the dead;
24        (3) in a school or other educational facility,
25    including an administrative facility or public or private
26    dormitory facility of or associated with the school or

 

 

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1    other educational facility;
2        (4) in a public park or an ethnic or religious
3    community center;
4        (5) on the real property comprising any location
5    specified in clauses (1) through (4) of this subsection
6    (b-5); or
7        (6) on a public way within 1,000 feet of the real
8    property comprising any location specified in clauses (1)
9    through (4) of this subsection (b-5).
10    (b-10) Upon imposition of any sentence, the trial court
11shall also either order restitution paid to the victim or
12impose a fine up to $1,000. In addition, any order of probation
13or conditional discharge entered following a conviction or an
14adjudication of delinquency shall include a condition that the
15offender perform public or community service of no less than
16200 hours if that service is established in the county where
17the offender was convicted of hate crime. In addition, any
18order of probation or conditional discharge entered following a
19conviction or an adjudication of delinquency shall include a
20condition that the offender enroll in an educational program
21discouraging hate crimes if the offender caused criminal damage
22to property consisting of religious fixtures, objects, or
23decorations. The educational program may be administered, as
24determined by the court, by a university, college, community
25college, non-profit organization, or the Holocaust and
26Genocide Commission. Nothing in this subsection (b-10)

 

 

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1prohibits courses discouraging hate crimes from being made
2available online. The court may also impose any other condition
3of probation or conditional discharge under this Section.
4    (c) Independent of any criminal prosecution or the result
5thereof, any person suffering injury to his person or damage to
6his property as a result of hate crime may bring a civil action
7for damages, injunction or other appropriate relief. The court
8may award actual damages, including damages for emotional
9distress, or punitive damages. A judgment may include
10attorney's fees and costs. The parents or legal guardians,
11other than guardians appointed pursuant to the Juvenile Court
12Act or the Juvenile Court Act of 1987, of an unemancipated
13minor shall be liable for the amount of any judgment for actual
14damages rendered against such minor under this subsection (c)
15in any amount not exceeding the amount provided under Section 5
16of the Parental Responsibility Law.
17    (d) In this Section:
18        "Sexual orientation" has the meaning ascribed to it in
19    paragraph (O-1) of Section 1-103 of the Illinois Human
20    Rights Act.
21        "Veterans' organization" means an organization
22    comprised of members of which substantially all are
23    individuals who are veterans or spouses, widows, or
24    widowers of veterans, the primary purpose of which is to
25    promote the welfare of its members and to provide
26    assistance to the general public in such a way as to confer

 

 

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1    a public benefit.
2(Source: P.A. 99-77, eff. 1-1-16.)
 
3    Section 10. The Unified Code of Corrections is amended by
4changing Section 5-5-3.2 as follows:
 
5    (730 ILCS 5/5-5-3.2)
6    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
7Sentencing.
8    (a) The following factors shall be accorded weight in favor
9of imposing a term of imprisonment or may be considered by the
10court as reasons to impose a more severe sentence under Section
115-8-1 or Article 4.5 of Chapter V:
12        (1) the defendant's conduct caused or threatened
13    serious harm;
14        (2) the defendant received compensation for committing
15    the offense;
16        (3) the defendant has a history of prior delinquency or
17    criminal activity;
18        (4) the defendant, by the duties of his office or by
19    his position, was obliged to prevent the particular offense
20    committed or to bring the offenders committing it to
21    justice;
22        (5) the defendant held public office at the time of the
23    offense, and the offense related to the conduct of that
24    office;

 

 

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1        (6) the defendant utilized his professional reputation
2    or position in the community to commit the offense, or to
3    afford him an easier means of committing it;
4        (7) the sentence is necessary to deter others from
5    committing the same crime;
6        (8) the defendant committed the offense against a
7    person 60 years of age or older or such person's property;
8        (9) the defendant committed the offense against a
9    person who is physically handicapped or such person's
10    property;
11        (10) by reason of another individual's actual or
12    perceived race, color, creed, religion, ancestry, gender,
13    sexual orientation, physical or mental disability, or
14    national origin or because that individual was wearing a
15    uniform of a member of the United States Armed Forces or
16    National Guard or was wearing United States veterans'
17    organization regalia, 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 of 2013, or
25    the ID/DD 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.

 

 

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1    For the purposes of this Section:
2    "School" is defined as a public or private elementary or
3secondary school, community college, college, or university.
4    "Day care center" means a public or private State certified
5and licensed day care center as defined in Section 2.09 of the
6Child Care Act of 1969 that displays a sign in plain view
7stating that the property is a day care center.
8    "Public transportation" means the transportation or
9conveyance of persons by means available to the general public,
10and includes paratransit services.
11    "Veterans' organization" means an organization comprised
12of members of which substantially all are individuals who are
13veterans or spouses, widows, or widowers of veterans, the
14primary purpose of which is to promote the welfare of its
15members and to provide assistance to the general public in such
16a way as to confer a public benefit.
17    (b) The following factors, related to all felonies, may be
18considered by the court as reasons to impose an extended term
19sentence under Section 5-8-2 upon any offender:
20        (1) When a defendant is convicted of any felony, after
21    having been previously convicted in Illinois or any other
22    jurisdiction of the same or similar class felony or greater
23    class felony, when such conviction has occurred within 10
24    years after the previous conviction, excluding time spent
25    in custody, and such charges are separately brought and
26    tried and arise out of different series of acts; or

 

 

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1        (2) When a defendant is convicted of any felony and the
2    court finds that the offense was accompanied by
3    exceptionally brutal or heinous behavior indicative of
4    wanton cruelty; or
5        (3) When a defendant is convicted of any felony
6    committed against:
7            (i) a person under 12 years of age at the time of
8        the offense or such person's property;
9            (ii) a person 60 years of age or older at the time
10        of the offense or such person's property; or
11            (iii) a person physically handicapped at the time
12        of the offense or such person's property; or
13        (4) When a defendant is convicted of any felony and the
14    offense involved any of the following types of specific
15    misconduct committed as part of a ceremony, rite,
16    initiation, observance, performance, practice or activity
17    of any actual or ostensible religious, fraternal, or social
18    group:
19            (i) the brutalizing or torturing of humans or
20        animals;
21            (ii) the theft of human corpses;
22            (iii) the kidnapping of humans;
23            (iv) the desecration of any cemetery, religious,
24        fraternal, business, governmental, educational, or
25        other building or property; or
26            (v) ritualized abuse of a child; or

 

 

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1        (5) When a defendant is convicted of a felony other
2    than conspiracy and the court finds that the felony was
3    committed under an agreement with 2 or more other persons
4    to commit that offense and the defendant, with respect to
5    the other individuals, occupied a position of organizer,
6    supervisor, financier, or any other position of management
7    or leadership, and the court further finds that the felony
8    committed was related to or in furtherance of the criminal
9    activities of an organized gang or was motivated by the
10    defendant's leadership in an organized gang; or
11        (6) When a defendant is convicted of an offense
12    committed while using a firearm with a laser sight attached
13    to it. For purposes of this paragraph, "laser sight" has
14    the meaning ascribed to it in Section 26-7 of the Criminal
15    Code of 2012; or
16        (7) When a defendant who was at least 17 years of age
17    at the time of the commission of the offense is convicted
18    of a felony and has been previously adjudicated a
19    delinquent minor under the Juvenile Court Act of 1987 for
20    an act that if committed by an adult would be a Class X or
21    Class 1 felony when the conviction has occurred within 10
22    years after the previous adjudication, excluding time
23    spent in custody; or
24        (8) When a defendant commits any felony and the
25    defendant used, possessed, exercised control over, or
26    otherwise directed an animal to assault a law enforcement

 

 

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

 

 

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

 

 

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

 

 

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1    commit mob action under Section 8-1, 8-2, or 8-4 of the
2    Criminal Code of 2012, where the criminal object is a
3    violation of Section 25-1 of the Criminal Code of 2012, and
4    an electronic communication is used in the commission of
5    the offense. For the purposes of this paragraph (8),
6    "electronic communication" shall have the meaning provided
7    in Section 26.5-0.1 of the Criminal Code of 2012.
8    (d) For the purposes of this Section, "organized gang" has
9the meaning ascribed to it in Section 10 of the Illinois
10Streetgang Terrorism Omnibus Prevention Act.
11    (e) The court may impose an extended term sentence under
12Article 4.5 of Chapter V upon an offender who has been
13convicted of a felony violation of Section 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
16when the victim of the offense is under 18 years of age at the
17time of the commission of the offense and, during the
18commission of the offense, the victim was under the influence
19of alcohol, regardless of whether or not the alcohol was
20supplied by the offender; and the offender, at the time of the
21commission of the offense, knew or should have known that the
22victim had consumed alcohol.
23(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
24eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
261-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.

 

 

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17-16-14.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.