Full Text of HB3477 95th General Assembly
HB3477eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Section 16D-5.5 as follows: | 6 |
| (720 ILCS 5/16D-5.5 new) | 7 |
| Sec. 16D-5.5. Unlawful use of encryption. | 8 |
| (a) For the purpose of this Section: | 9 |
| "Access" means to intercept, instruct, communicate | 10 |
| with, store data in, retrieve from, or otherwise make use | 11 |
| of any resources of a computer, network, or data. | 12 |
| "Computer" means an electronic device which performs | 13 |
| logical, arithmetic, and memory functions by manipulations | 14 |
| of electronic or magnetic impulses and includes all | 15 |
| equipment related to the computer in a system or network. | 16 |
| "Computer contaminant" means any data, information, | 17 |
| image, program, signal, or sound that is designated or has | 18 |
| the capability to: (1) contaminate, corrupt, consume, | 19 |
| damage, destroy, disrupt, modify, record, or transmit; or | 20 |
| (2) cause to be contaminated, corrupted, consumed, | 21 |
| damaged, destroyed, disrupted, modified, recorded, or | 22 |
| transmitted, any other data, information, image, program, | 23 |
| signal, or sound contained in a computer, system, or |
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| network without the knowledge or consent of the person who | 2 |
| owns the other data, information, image, program, signal, | 3 |
| or sound or the computer, system, or network. | 4 |
| "Computer contaminant" includes, without limitation: | 5 |
| (1) a virus, worm, or Trojan horse; (2) spyware that tracks | 6 |
| computer activity and is capable of recording and | 7 |
| transmitting such information to third parties; or (3) any | 8 |
| other similar data, information, image, program, signal, | 9 |
| or sound that is designed or has the capability to prevent, | 10 |
| impede, delay, or disrupt the normal operation or use of | 11 |
| any component, device, equipment, system, or network. | 12 |
| "Data" means a representation in any form of | 13 |
| information, knowledge, facts, concepts, or instructions | 14 |
| which is being prepared or has been formally prepared and | 15 |
| is intended to be processed, is being processed or has been | 16 |
| processed in a system or network. | 17 |
| "Encryption" means the use of any protective or | 18 |
| disruptive measure, including, without limitation, | 19 |
| cryptography, enciphering, encoding, or a computer | 20 |
| contaminant, to: (1) prevent, impede, delay, or disrupt | 21 |
| access to any data, information, image, program, signal, or | 22 |
| sound; (2) cause or make any data, information, image, | 23 |
| program, signal, or sound unintelligible or unusable; or | 24 |
| (3) prevent, impede, delay, or disrupt the normal operation | 25 |
| or use of any component, device, equipment, system, or | 26 |
| network. |
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| "Network" means a set of related, remotely connected | 2 |
| devices and facilities, including more than one system, | 3 |
| with the capability to transmit data among any of the | 4 |
| devices and facilities. The term includes, without | 5 |
| limitation, a local, regional, or global computer network. | 6 |
| "Program" means an ordered set of data representing | 7 |
| coded instructions or statements which can be executed by a | 8 |
| computer and cause the computer to perform one or more | 9 |
| tasks. | 10 |
| "System" means a set of related equipment, whether or | 11 |
| not connected, which is used with or for a computer. | 12 |
| (b) A person shall not knowingly use or attempt to use | 13 |
| encryption, directly or indirectly, to: | 14 |
| (1) commit, facilitate, further, or promote any | 15 |
| criminal offense; | 16 |
| (2) aid, assist, or encourage another person to commit | 17 |
| any criminal offense; | 18 |
| (3) conceal evidence of the commission of any criminal | 19 |
| offense; or | 20 |
| (4) conceal or protect the identity of a person who has | 21 |
| committed any criminal offense. | 22 |
| (c) Sentence. A person who violates this Section is guilty | 23 |
| of a Class A misdemeanor, unless the encryption was used or | 24 |
| attempted to be used to commit an offense for which a greater | 25 |
| penalty is provided by law. If the encryption was used or | 26 |
| attempted to be used to commit an offense for which a greater |
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| penalty is provided by law, the person shall be punished as | 2 |
| prescribed by law for that offense. | 3 |
| (d) A person who violates this Section commits a criminal | 4 |
| offense that is separate and distinct from any other criminal | 5 |
| offense and may be prosecuted and convicted under this Section | 6 |
| whether or not the person or any other person is or has been | 7 |
| prosecuted or convicted for any other criminal offense arising | 8 |
| out of the same facts as the violation of this Section.
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| Section 10. The Unified Code of Corrections is amended by | 10 |
| changing Section 5-5-3.2 as follows:
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| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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| Sec. 5-5-3.2. Factors in Aggravation.
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| (a) The following factors shall be accorded weight in favor | 14 |
| of
imposing a term of imprisonment or may be considered by the | 15 |
| court as reasons
to impose a more severe sentence under Section | 16 |
| 5-8-1:
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| (1) the defendant's conduct caused or threatened | 18 |
| serious harm;
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| (2) the defendant received compensation for committing | 20 |
| the offense;
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| (3) the defendant has a history of prior delinquency or | 22 |
| criminal activity;
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| (4) the defendant, by the duties of his office or by | 24 |
| his position,
was obliged to prevent the particular offense |
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| committed or to bring
the offenders committing it to | 2 |
| justice;
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| (5) the defendant held public office at the time of the | 4 |
| offense,
and the offense related to the conduct of that | 5 |
| office;
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| (6) the defendant utilized his professional reputation | 7 |
| or
position in the community to commit the offense, or to | 8 |
| afford
him an easier means of committing it;
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| (7) the sentence is necessary to deter others from | 10 |
| committing
the same crime;
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| (8) the defendant committed the offense against a | 12 |
| person 60 years of age
or older or such person's property;
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| (9) the defendant committed the offense against a | 14 |
| person who is
physically handicapped or such person's | 15 |
| property;
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| (10) by reason of another individual's actual or | 17 |
| perceived race, color,
creed, religion, ancestry, gender, | 18 |
| sexual orientation, physical or mental
disability, or | 19 |
| national origin, the defendant committed the offense | 20 |
| against (i)
the person or property
of that individual; (ii) | 21 |
| the person or property of a person who has an
association | 22 |
| with, is married to, or has a friendship with the other | 23 |
| individual;
or (iii) the person or property of a relative | 24 |
| (by blood or marriage) of a
person described in clause (i) | 25 |
| or (ii). For the purposes of this Section,
"sexual | 26 |
| orientation" means heterosexuality, homosexuality, or |
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| bisexuality;
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| (11) the offense took place in a place of worship or on | 3 |
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grounds of a place of worship, immediately prior to, | 4 |
| during or immediately
following worship services. For | 5 |
| purposes of this subparagraph, "place of
worship" shall | 6 |
| mean any church, synagogue or other building, structure or
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| place used primarily for religious worship;
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| (12) the defendant was convicted of a felony committed | 9 |
| while he was
released on bail or his own recognizance | 10 |
| pending trial for a prior felony
and was convicted of such | 11 |
| prior felony, or the defendant was convicted of a
felony | 12 |
| committed while he was serving a period of probation,
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| conditional discharge, or mandatory supervised release | 14 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
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| (13) the defendant committed or attempted to commit a | 16 |
| felony while he
was wearing a bulletproof vest. For the | 17 |
| purposes of this paragraph (13), a
bulletproof vest is any | 18 |
| device which is designed for the purpose of
protecting the | 19 |
| wearer from bullets, shot or other lethal projectiles;
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| (14) the defendant held a position of trust or | 21 |
| supervision such as, but
not limited to, family member as | 22 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 23 |
| teacher, scout leader, baby sitter, or day care worker, in
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| relation to a victim under 18 years of age, and the | 25 |
| defendant committed an
offense in violation of Section | 26 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
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| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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| against
that victim;
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| (15) the defendant committed an offense related to the | 4 |
| activities of an
organized gang. For the purposes of this | 5 |
| factor, "organized gang" has the
meaning ascribed to it in | 6 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 7 |
| Act;
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| (16) the defendant committed an offense in violation of | 9 |
| one of the
following Sections while in a school, regardless | 10 |
| of the time of day or time of
year; on any conveyance | 11 |
| owned, leased, or contracted by a school to transport
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| students to or from school or a school related activity; on | 13 |
| the real property
of a school; or on a public way within | 14 |
| 1,000 feet of the real property
comprising any school: | 15 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 17 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 18 |
| 33A-2 of the Criminal Code of
1961;
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| (16.5) the defendant committed an offense in violation | 20 |
| of one of the
following Sections while in a day care | 21 |
| center, regardless of the time of day or
time of year; on | 22 |
| the real property of a day care center, regardless of the | 23 |
| time
of day or time of year; or on a public
way within | 24 |
| 1,000 feet of the real property comprising any day care | 25 |
| center,
regardless of the time of day or time of year:
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| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
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| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 2 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 3 |
| 33A-2 of the Criminal
Code of 1961;
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| (17) the defendant committed the offense by reason of | 5 |
| any person's
activity as a community policing volunteer or | 6 |
| to prevent any person from
engaging in activity as a | 7 |
| community policing volunteer. For the purpose of
this | 8 |
| Section, "community policing volunteer" has the meaning | 9 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 10 |
| 1961;
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| (18) the defendant committed the offense in a nursing | 12 |
| home or on the
real
property comprising a nursing home. For | 13 |
| the purposes of this paragraph (18),
"nursing home" means a | 14 |
| skilled nursing
or intermediate long term care facility | 15 |
| that is subject to license by the
Illinois Department of | 16 |
| Public Health under the Nursing Home Care
Act;
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| (19) the defendant was a federally licensed firearm | 18 |
| dealer
and
was
previously convicted of a violation of | 19 |
| subsection (a) of Section 3 of the
Firearm Owners | 20 |
| Identification Card Act and has now committed either a | 21 |
| felony
violation
of the Firearm Owners Identification Card | 22 |
| Act or an act of armed violence while
armed
with a firearm; | 23 |
| (20) the defendant (i) committed the offense of | 24 |
| reckless homicide under Section 9-3 of the Criminal Code of | 25 |
| 1961 or the offense of driving under the influence of | 26 |
| alcohol, other drug or
drugs, intoxicating compound or |
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| compounds or any combination thereof under Section 11-501 | 2 |
| of the Illinois Vehicle Code or a similar provision of a | 3 |
| local ordinance and (ii) was operating a motor vehicle in | 4 |
| excess of 20 miles per hour over the posted speed limit as | 5 |
| provided in Article VI of Chapter 11 of the Illinois | 6 |
| Vehicle Code; or
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| (21) the defendant (i) committed the offense of | 8 |
| reckless driving or aggravated reckless driving under | 9 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 10 |
| operating a motor vehicle in excess of 20 miles per hour | 11 |
| over the posted speed limit as provided in Article VI of | 12 |
| Chapter 11 of the Illinois Vehicle Code ; or
. | 13 |
| (22) the defendant committed any offense under Section | 14 |
| 11-20.1 of the Criminal Code of 1961 and possessed 100 or | 15 |
| more images.
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| For the purposes of this Section:
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| "School" is defined as a public or private
elementary or | 18 |
| secondary school, community college, college, or university.
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| "Day care center" means a public or private State certified | 20 |
| and
licensed day care center as defined in Section 2.09 of the | 21 |
| Child Care Act of
1969 that displays a sign in plain view | 22 |
| stating that the
property is a day care center.
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| (b) The following factors may be considered by the court as
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| reasons to impose an extended term sentence under Section 5-8-2
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| upon any offender:
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| (1) When a defendant is convicted of any felony, after |
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| having
been previously convicted in Illinois or any other | 2 |
| jurisdiction of the
same or similar class felony or greater | 3 |
| class felony, when such conviction
has occurred within 10 | 4 |
| years after the
previous conviction, excluding time spent | 5 |
| in custody, and such charges are
separately brought and | 6 |
| tried and arise out of different series of acts; or
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| (2) When a defendant is convicted of any felony and the | 8 |
| court
finds that the offense was accompanied by | 9 |
| exceptionally brutal
or heinous behavior indicative of | 10 |
| wanton cruelty; or
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| (3) When a defendant is convicted of voluntary | 12 |
| manslaughter, second
degree murder, involuntary | 13 |
| manslaughter or reckless homicide in which the
defendant | 14 |
| has been convicted of causing the death of more than one | 15 |
| individual; or
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| (4) When a defendant is convicted of any felony | 17 |
| committed against:
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| (i) a person under 12 years of age at the time of | 19 |
| the offense or such
person's property;
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| (ii) a person 60 years of age or older at the time | 21 |
| of the offense or
such person's property; or
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| (iii) a person physically handicapped at the time | 23 |
| of the offense or
such person's property; or
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| (5) In the case of a defendant convicted of aggravated | 25 |
| criminal sexual
assault or criminal sexual assault, when | 26 |
| the court finds that
aggravated criminal sexual assault or |
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| criminal sexual assault
was also committed on the same | 2 |
| victim by one or more other individuals,
and the defendant | 3 |
| voluntarily participated in the crime with the knowledge
of | 4 |
| the participation of the others in the crime, and the | 5 |
| commission of the
crime was part of a single course of | 6 |
| conduct during which there was no
substantial change in the | 7 |
| nature of the criminal objective; or
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| (6) When a defendant is convicted of any felony and the | 9 |
| offense
involved any of the following types of specific | 10 |
| misconduct committed as
part of a ceremony, rite, | 11 |
| initiation, observance, performance, practice or
activity | 12 |
| of any actual or ostensible religious, fraternal, or social | 13 |
| group:
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| (i) the brutalizing or torturing of humans or | 15 |
| animals;
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| (ii) the theft of human corpses;
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| (iii) the kidnapping of humans;
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| (iv) the desecration of any cemetery, religious, | 19 |
| fraternal, business,
governmental, educational, or | 20 |
| other building or property; or
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| (v) ritualized abuse of a child; or
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| (7) When a defendant is convicted of first degree | 23 |
| murder, after having
been previously convicted in Illinois | 24 |
| of any offense listed under paragraph
(c)(2) of Section | 25 |
| 5-5-3, when such conviction has occurred within 10 years
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| after the previous conviction, excluding time spent in |
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| custody,
and such charges are separately brought and tried | 2 |
| and arise out of
different series of acts; or
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| (8) When a defendant is convicted of a felony other | 4 |
| than conspiracy and
the court finds that
the felony was | 5 |
| committed under an agreement with 2 or more other persons
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| to commit that offense and the defendant, with respect to | 7 |
| the other
individuals, occupied a position of organizer, | 8 |
| supervisor, financier, or any
other position of management | 9 |
| or leadership, and the court further finds that
the felony | 10 |
| committed was related to or in furtherance of the criminal
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| activities of an organized gang or was motivated by the | 12 |
| defendant's leadership
in an organized gang; or
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| (9) When a defendant is convicted of a felony violation | 14 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 15 |
| finds that the defendant is a member
of an organized gang; | 16 |
| or
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| (10) When a defendant committed the offense using a | 18 |
| firearm with a
laser sight attached to it. For purposes of | 19 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 20 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
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| (11) When a defendant who was at least 17 years of age | 22 |
| at the
time of
the commission of the offense is convicted | 23 |
| of a felony and has been previously
adjudicated a | 24 |
| delinquent minor under the Juvenile Court Act of 1987 for | 25 |
| an act
that if committed by an adult would be a Class X or | 26 |
| Class 1 felony when the
conviction has occurred within 10 |
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| years after the previous adjudication,
excluding time | 2 |
| spent in custody; or
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| (12) When a defendant commits an offense involving the | 4 |
| illegal
manufacture of a controlled substance under | 5 |
| Section 401 of the Illinois
Controlled Substances Act, the | 6 |
| illegal manufacture of methamphetamine under Section 25 of | 7 |
| the Methamphetamine Control and Community Protection Act, | 8 |
| or the illegal possession of explosives and an
emergency | 9 |
| response
officer in
the performance of his or her duties is
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| killed or injured at the scene of the offense while | 11 |
| responding to the
emergency caused by the commission of the | 12 |
| offense.
In this paragraph (12),
"emergency" means a | 13 |
| situation in which a person's life, health, or safety is
in | 14 |
| jeopardy; and
"emergency response officer" means a peace | 15 |
| officer, community policing
volunteer, fireman, emergency | 16 |
| medical
technician-ambulance, emergency medical | 17 |
| technician-intermediate, emergency
medical | 18 |
| technician-paramedic, ambulance
driver, other medical | 19 |
| assistance or first aid personnel, or hospital emergency
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| room personnel; or
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| (13) When a defendant commits any felony and the | 22 |
| defendant used, possessed, exercised control over, or | 23 |
| otherwise directed an animal to assault a law enforcement | 24 |
| officer engaged in the execution of his or her official | 25 |
| duties or in furtherance of the criminal activities of an | 26 |
| organized gang in which the defendant is engaged.
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| (b-1) For the purposes of this Section, "organized gang" | 2 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 3 |
| Streetgang Terrorism Omnibus
Prevention Act.
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| (c) The court may impose an extended term sentence under | 5 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 6 |
| criminal sexual assault
or predatory criminal sexual assault of | 7 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 8 |
| Criminal Code of 1961
where the victim was under 18 years of | 9 |
| age at the time of the commission
of the offense.
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| (d) The court may impose an extended term sentence under | 11 |
| Section 5-8-2 upon
any offender who was convicted of unlawful | 12 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 13 |
| for possessing a weapon that is not readily
distinguishable as | 14 |
| one of the weapons enumerated in Section 24-1 of the
Criminal | 15 |
| Code of 1961.
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| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 17 |
| eff. 9-11-05; 94-819, eff. 5-31-06.)
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