Full Text of SB0416 101st General Assembly
SB0416ham002 101ST GENERAL ASSEMBLY | Rep. Frances Ann Hurley Filed: 5/24/2019
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| 1 | | AMENDMENT TO SENATE BILL 416
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 416 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-5-3.2 as follows:
| 6 | | (730 ILCS 5/5-5-3.2)
| 7 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 8 | | sentencing.
| 9 | | (a) The following factors shall be accorded weight in favor | 10 | | of
imposing a term of imprisonment or may be considered by the | 11 | | court as reasons
to impose a more severe sentence under Section | 12 | | 5-8-1 or Article 4.5 of Chapter V:
| 13 | | (1) the defendant's conduct caused or threatened | 14 | | serious harm;
| 15 | | (2) the defendant received compensation for committing | 16 | | the offense;
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| 1 | | (3) the defendant has a history of prior delinquency or | 2 | | criminal activity;
| 3 | | (4) the defendant, by the duties of his office or by | 4 | | his position,
was obliged to prevent the particular offense | 5 | | committed or to bring
the offenders committing it to | 6 | | justice;
| 7 | | (5) the defendant held public office at the time of the | 8 | | offense,
and the offense related to the conduct of that | 9 | | office;
| 10 | | (6) the defendant utilized his professional reputation | 11 | | or
position in the community to commit the offense, or to | 12 | | afford
him an easier means of committing it;
| 13 | | (7) the sentence is necessary to deter others from | 14 | | committing
the same crime;
| 15 | | (8) the defendant committed the offense against a | 16 | | person 60 years of age
or older or such person's property;
| 17 | | (9) the defendant committed the offense against a | 18 | | person who has a physical disability or such person's | 19 | | property;
| 20 | | (10) by reason of another individual's actual or | 21 | | perceived race, color,
creed, religion, ancestry, gender, | 22 | | sexual orientation, physical or mental
disability, or | 23 | | national origin, the defendant committed the offense | 24 | | against (i)
the person or property
of that individual; (ii) | 25 | | the person or property of a person who has an
association | 26 | | with, is married to, or has a friendship with the other |
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| 1 | | individual;
or (iii) the person or property of a relative | 2 | | (by blood or marriage) of a
person described in clause (i) | 3 | | or (ii). For the purposes of this Section,
"sexual | 4 | | orientation" has the meaning ascribed to it in paragraph | 5 | | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| 6 | | (11) the offense took place in a place of worship or on | 7 | | the
grounds of a place of worship, immediately prior to, | 8 | | during or immediately
following worship services. For | 9 | | purposes of this subparagraph, "place of
worship" shall | 10 | | mean any church, synagogue or other building, structure or
| 11 | | place used primarily for religious worship;
| 12 | | (12) the defendant was convicted of a felony committed | 13 | | while he was
released on bail or his own recognizance | 14 | | pending trial for a prior felony
and was convicted of such | 15 | | prior felony, or the defendant was convicted of a
felony | 16 | | committed while he was serving a period of probation,
| 17 | | conditional discharge, or mandatory supervised release | 18 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 19 | | (13) the defendant committed or attempted to commit a | 20 | | felony while he
was wearing a bulletproof vest. For the | 21 | | purposes of this paragraph (13), a
bulletproof vest is any | 22 | | device which is designed for the purpose of
protecting the | 23 | | wearer from bullets, shot or other lethal projectiles;
| 24 | | (14) the defendant held a position of trust or | 25 | | supervision such as, but
not limited to, family member as | 26 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
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| 1 | | teacher, scout leader, baby sitter, or day care worker, in
| 2 | | relation to a victim under 18 years of age, and the | 3 | | defendant committed an
offense in violation of Section | 4 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 5 | | 11-14.4 except for an offense that involves keeping a place | 6 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 7 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 8 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012
against
that victim;
| 10 | | (15) the defendant committed an offense related to the | 11 | | activities of an
organized gang. For the purposes of this | 12 | | factor, "organized gang" has the
meaning ascribed to it in | 13 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 14 | | Act;
| 15 | | (16) the defendant committed an offense in violation of | 16 | | one of the
following Sections while in a school, regardless | 17 | | of the time of day or time of
year; on any conveyance | 18 | | owned, leased, or contracted by a school to transport
| 19 | | students to or from school or a school related activity; on | 20 | | the real property
of a school; or on a public way within | 21 | | 1,000 feet of the real property
comprising any school: | 22 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 23 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 24 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 25 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | 26 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
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| 1 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 2 | | Criminal Code of 2012;
| 3 | | (16.5) the defendant committed an offense in violation | 4 | | of one of the
following Sections while in a day care | 5 | | center, regardless of the time of day or
time of year; on | 6 | | the real property of a day care center, regardless of the | 7 | | time
of day or time of year; or on a public
way within | 8 | | 1,000 feet of the real property comprising any day care | 9 | | center,
regardless of the time of day or time of year:
| 10 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 11 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 12 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 13 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 14 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 15 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 16 | | Criminal Code of 2012;
| 17 | | (17) the defendant committed the offense by reason of | 18 | | any person's
activity as a community policing volunteer or | 19 | | to prevent any person from
engaging in activity as a | 20 | | community policing volunteer. For the purpose of
this | 21 | | Section, "community policing volunteer" has the meaning | 22 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 23 | | 2012;
| 24 | | (18) the defendant committed the offense in a nursing | 25 | | home or on the
real
property comprising a nursing home. For | 26 | | the purposes of this paragraph (18),
"nursing home" means a |
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| 1 | | skilled nursing
or intermediate long term care facility | 2 | | that is subject to license by the
Illinois Department of | 3 | | Public Health under the Nursing Home Care
Act, the | 4 | | Specialized Mental Health Rehabilitation Act of 2013, the | 5 | | ID/DD Community Care Act, or the MC/DD Act;
| 6 | | (19) the defendant was a federally licensed firearm | 7 | | dealer
and
was
previously convicted of a violation of | 8 | | subsection (a) of Section 3 of the
Firearm Owners | 9 | | Identification Card Act and has now committed either a | 10 | | felony
violation
of the Firearm Owners Identification Card | 11 | | Act or an act of armed violence while
armed
with a firearm; | 12 | | (20) the defendant (i) committed the offense of | 13 | | reckless homicide under Section 9-3 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012 or the offense of driving | 15 | | under the influence of alcohol, other drug or
drugs, | 16 | | intoxicating compound or compounds or any combination | 17 | | thereof under Section 11-501 of the Illinois Vehicle Code | 18 | | or a similar provision of a local ordinance 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 | | (21) the defendant (i) committed the offense of | 23 | | reckless driving or aggravated reckless driving under | 24 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 25 | | operating a motor vehicle in excess of 20 miles per hour | 26 | | over the posted speed limit as provided in Article VI of |
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| 1 | | Chapter 11 of the Illinois Vehicle Code; | 2 | | (22) the defendant committed the offense against a | 3 | | person that the defendant knew, or reasonably should have | 4 | | known, was a member of the Armed Forces of the United | 5 | | States serving on active duty. For purposes of this clause | 6 | | (22), the term "Armed Forces" means any of the Armed Forces | 7 | | of the United States, including a member of any reserve | 8 | | component thereof or National Guard unit called to active | 9 | | duty;
| 10 | | (23)
the defendant committed the offense against a | 11 | | person who was elderly or infirm or who was a person with a | 12 | | disability by taking advantage of a family or fiduciary | 13 | | relationship with the elderly or infirm person or person | 14 | | with a disability;
| 15 | | (24)
the defendant committed any offense under Section | 16 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 17 | | of 2012 and possessed 100 or more images;
| 18 | | (25) the defendant committed the offense while the | 19 | | defendant or the victim was in a train, bus, or other | 20 | | vehicle used for public transportation; | 21 | | (26) the defendant committed the offense of child | 22 | | pornography or aggravated child pornography, specifically | 23 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 24 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 25 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 26 | | solicited for, depicted in, or posed in any act of sexual |
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| 1 | | penetration or bound, fettered, or subject to sadistic, | 2 | | masochistic, or sadomasochistic abuse in a sexual context | 3 | | and specifically including paragraph (1), (2), (3), (4), | 4 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 5 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 6 | | engaged in, solicited for, depicted in, or posed in any act | 7 | | of sexual penetration or bound, fettered, or subject to | 8 | | sadistic, masochistic, or sadomasochistic abuse in a | 9 | | sexual context; | 10 | | (27) the defendant committed the offense of first | 11 | | degree murder, assault, aggravated assault, battery, | 12 | | aggravated battery, robbery, armed robbery, or aggravated | 13 | | robbery against a person who was a veteran and the | 14 | | defendant knew, or reasonably should have known, that the | 15 | | person was a veteran performing duties as a representative | 16 | | of a veterans' organization. For the purposes of this | 17 | | paragraph (27), "veteran" means an Illinois resident who | 18 | | has served as a member of the United States Armed Forces, a | 19 | | member of the Illinois National Guard, or a member of the | 20 | | United States Reserve Forces; and "veterans' organization" | 21 | | means an organization comprised of members of
which | 22 | | substantially all are individuals who are veterans or | 23 | | spouses,
widows, or widowers of veterans, the primary | 24 | | purpose of which is to
promote the welfare of its members | 25 | | and to provide assistance to the general
public in such a | 26 | | way as to confer a public benefit; |
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| 1 | | (28) the defendant committed the offense of assault, | 2 | | aggravated assault, battery, aggravated battery, robbery, | 3 | | armed robbery, or aggravated robbery against a person that | 4 | | the defendant knew or reasonably should have known was a | 5 | | letter carrier or postal worker while that person was | 6 | | performing his or her duties delivering mail for the United | 7 | | States Postal Service; | 8 | | (29) the defendant committed the offense of criminal | 9 | | sexual assault, aggravated criminal sexual assault, | 10 | | criminal sexual abuse, or aggravated criminal sexual abuse | 11 | | against a victim with an intellectual disability, and the | 12 | | defendant holds a position of trust, authority, or | 13 | | supervision in relation to the victim; | 14 | | (30) the defendant committed the offense of promoting | 15 | | juvenile prostitution, patronizing a prostitute, or | 16 | | patronizing a minor engaged in prostitution and at the time | 17 | | of the commission of the offense knew that the prostitute | 18 | | or minor engaged in prostitution was in the custody or | 19 | | guardianship of the Department of Children and Family | 20 | | Services; or | 21 | | (31) the defendant (i) committed the offense of driving | 22 | | while under the influence of alcohol, other drug or drugs, | 23 | | intoxicating compound or compounds or any combination | 24 | | thereof in violation of Section 11-501 of the Illinois | 25 | | Vehicle Code or a similar provision of a local ordinance | 26 | | and (ii) the defendant during the commission of the offense |
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| 1 | | was driving his or her vehicle upon a roadway designated | 2 | | for one-way traffic in the opposite direction of the | 3 | | direction indicated by official traffic control devices ; | 4 | | or . | 5 | | (32) the defendant was found guilty of an | 6 | | administrative infraction related to an act or acts of | 7 | | public indecency or sexual misconduct in the penal | 8 | | institution. In this paragraph (32), "penal institution" | 9 | | has the same meaning as in Section 2-14 of the Criminal | 10 | | Code of 2012. | 11 | | For the purposes of this Section:
| 12 | | "School" is defined as a public or private
elementary or | 13 | | secondary school, community college, college, or university.
| 14 | | "Day care center" means a public or private State certified | 15 | | and
licensed day care center as defined in Section 2.09 of the | 16 | | Child Care Act of
1969 that displays a sign in plain view | 17 | | stating that the
property is a day care center.
| 18 | | "Intellectual disability" means significantly subaverage | 19 | | intellectual functioning which exists concurrently
with | 20 | | impairment in adaptive behavior. | 21 | | "Public transportation" means the transportation
or | 22 | | conveyance of persons by means available to the general public, | 23 | | and includes paratransit services. | 24 | | "Traffic control devices" means all signs, signals, | 25 | | markings, and devices that conform to the Illinois Manual on | 26 | | Uniform Traffic Control Devices, placed or erected by authority |
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| 1 | | of a public body or official having jurisdiction, for the | 2 | | purpose of regulating, warning, or guiding traffic. | 3 | | (b) The following factors, related to all felonies, may be | 4 | | considered by the court as
reasons to impose an extended term | 5 | | sentence under Section 5-8-2
upon any offender:
| 6 | | (1) When a defendant is convicted of any felony, after | 7 | | having
been previously convicted in Illinois or any other | 8 | | jurisdiction of the
same or similar class felony or greater | 9 | | class felony, when such conviction
has occurred within 10 | 10 | | years after the
previous conviction, excluding time spent | 11 | | in custody, and such charges are
separately brought and | 12 | | tried and arise out of different series of acts; or
| 13 | | (2) When a defendant is convicted of any felony and the | 14 | | court
finds that the offense was accompanied by | 15 | | exceptionally brutal
or heinous behavior indicative of | 16 | | wanton cruelty; or
| 17 | | (3) When a defendant is convicted of any felony | 18 | | committed against:
| 19 | | (i) a person under 12 years of age at the time of | 20 | | the offense or such
person's property;
| 21 | | (ii) a person 60 years of age or older at the time | 22 | | of the offense or
such person's property; or
| 23 | | (iii) a person who had a physical disability at the | 24 | | time of the offense or
such person's property; or
| 25 | | (4) When a defendant is convicted of any felony and the | 26 | | offense
involved any of the following types of specific |
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| 1 | | misconduct committed as
part of a ceremony, rite, | 2 | | initiation, observance, performance, practice or
activity | 3 | | of any actual or ostensible religious, fraternal, or social | 4 | | group:
| 5 | | (i) the brutalizing or torturing of humans or | 6 | | animals;
| 7 | | (ii) the theft of human corpses;
| 8 | | (iii) the kidnapping of humans;
| 9 | | (iv) the desecration of any cemetery, religious, | 10 | | fraternal, business,
governmental, educational, or | 11 | | other building or property; or
| 12 | | (v) ritualized abuse of a child; or
| 13 | | (5) When a defendant is convicted of a felony other | 14 | | than conspiracy and
the court finds that
the felony was | 15 | | committed under an agreement with 2 or more other persons
| 16 | | to commit that offense and the defendant, with respect to | 17 | | the other
individuals, occupied a position of organizer, | 18 | | supervisor, financier, or any
other position of management | 19 | | or leadership, and the court further finds that
the felony | 20 | | committed was related to or in furtherance of the criminal
| 21 | | activities of an organized gang or was motivated by the | 22 | | defendant's leadership
in an organized gang; or
| 23 | | (6) When a defendant is convicted of an offense | 24 | | committed while using a firearm with a
laser sight attached | 25 | | to it. For purposes of this paragraph, "laser sight"
has | 26 | | the meaning ascribed to it in Section 26-7 of the Criminal |
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| 1 | | Code of
2012; or
| 2 | | (7) When a defendant who was at least 17 years of age | 3 | | at the
time of
the commission of the offense is convicted | 4 | | of a felony and has been previously
adjudicated a | 5 | | delinquent minor under the Juvenile Court Act of 1987 for | 6 | | an act
that if committed by an adult would be a Class X or | 7 | | Class 1 felony when the
conviction has occurred within 10 | 8 | | years after the previous adjudication,
excluding time | 9 | | spent in custody; or
| 10 | | (8) When a defendant commits any felony and the | 11 | | defendant used, possessed, exercised control over, or | 12 | | otherwise directed an animal to assault a law enforcement | 13 | | officer engaged in the execution of his or her official | 14 | | duties or in furtherance of the criminal activities of an | 15 | | organized gang in which the defendant is engaged; or
| 16 | | (9) When a defendant commits any felony and the | 17 | | defendant knowingly video or audio records the offense with | 18 | | the intent to disseminate the recording. | 19 | | (c) The following factors may be considered by the court as | 20 | | reasons to impose an extended term sentence under Section 5-8-2 | 21 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 22 | | (1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred | 26 | | within 10 years after the previous conviction, excluding |
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| 1 | | time spent in custody, and the charges are separately | 2 | | brought and tried and arise out of different series of | 3 | | acts. | 4 | | (1.5) When a defendant is convicted of first degree | 5 | | murder, after having been previously convicted of domestic | 6 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 7 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 8 | | having been previously convicted of violation of an order | 9 | | of protection (720 ILCS 5/12-30) in which the same victim | 10 | | was the protected person. | 11 | | (2) 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. | 16 | | (3) When a defendant is convicted of aggravated | 17 | | criminal sexual assault or criminal sexual assault, when | 18 | | there is a finding that aggravated criminal sexual assault | 19 | | or 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. | 26 | | (4) If the victim was under 18 years of age at the time |
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| 1 | | of the commission of the offense, when a defendant is | 2 | | convicted of aggravated criminal sexual assault or | 3 | | predatory criminal sexual assault of a child under | 4 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 5 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 7 | | (5) When a defendant is convicted of a felony violation | 8 | | of Section 24-1 of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 10 | | finding that the defendant is a member of an organized | 11 | | gang. | 12 | | (6) When a defendant was convicted of unlawful use of | 13 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 15 | | a weapon that is not readily distinguishable as one of the | 16 | | weapons enumerated in Section 24-1 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 18 | | (7) When a defendant is convicted of an offense | 19 | | involving the illegal manufacture of a controlled | 20 | | substance under Section 401 of the Illinois Controlled | 21 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 22 | | of methamphetamine under Section 25 of the Methamphetamine | 23 | | Control and Community Protection Act (720 ILCS 646/25), or | 24 | | the illegal possession of explosives and an emergency | 25 | | response officer in the performance of his or her duties is | 26 | | killed or injured at the scene of the offense while |
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| 1 | | responding to the emergency caused by the commission of the | 2 | | offense. In this paragraph, "emergency" means a situation | 3 | | in which a person's life, health, or safety is in jeopardy; | 4 | | and "emergency response officer" means a peace officer, | 5 | | community policing volunteer, fireman, emergency medical | 6 | | technician-ambulance, emergency medical | 7 | | technician-intermediate, emergency medical | 8 | | technician-paramedic, ambulance driver, other medical | 9 | | assistance or first aid personnel, or hospital emergency | 10 | | room personnel.
| 11 | | (8) When the defendant is convicted of attempted mob | 12 | | action, solicitation to commit mob action, or conspiracy to | 13 | | commit mob action under Section 8-1, 8-2, or 8-4 of the | 14 | | Criminal Code of 2012, where the criminal object is a | 15 | | violation of Section 25-1 of the Criminal Code of 2012, and | 16 | | an electronic communication is used in the commission of | 17 | | the offense. For the purposes of this paragraph (8), | 18 | | "electronic communication" shall have the meaning provided | 19 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 20 | | (d) For the purposes of this Section, "organized gang" has | 21 | | the meaning
ascribed to it in Section 10 of the Illinois | 22 | | Streetgang Terrorism Omnibus
Prevention Act.
| 23 | | (e) The court may impose an extended term sentence under | 24 | | Article 4.5 of Chapter V upon an offender who has been | 25 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 26 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
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| 1 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | when the victim of the offense is under 18 years of age at the | 3 | | time of the commission of the offense and, during the | 4 | | commission of the offense, the victim was under the influence | 5 | | of alcohol, regardless of whether or not the alcohol was | 6 | | supplied by the offender; and the offender, at the time of the | 7 | | commission of the offense, knew or should have known that the | 8 | | victim had consumed alcohol. | 9 | | (Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, | 10 | | eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, | 11 | | eff. 7-28-16; 100-1053, eff. 1-1-19 .)".
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