Full Text of SB3798 101st General Assembly
SB3798 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3798 Introduced 2/14/2020, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-5-3 | | 730 ILCS 5/5-5-3.2 | |
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Amends the Unified Code of Corrections. Provides that the court shall add 3 years of imprisonment to the sentence imposed upon a defendant who, at the time of the commission of the offense, was a holder of an elective office or who was appointed to fill a vacancy in that office and who is convicted of a felony relating to or arising out of or in connection with his or her service as a member of that office. Provides that a person convicted of the offense may not receive a period of probation, a term of periodic imprisonment, or conditional discharge and shall, in addition to the added 3 years, be sentenced to not less than the minimum term
of imprisonment set forth in the Code for the offense. Defines "elective office". Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-5-3 and 5-5-3.2 as follows:
| 6 | | (730 ILCS 5/5-5-3)
| 7 | | Sec. 5-5-3. Disposition.
| 8 | | (a) (Blank).
| 9 | | (b) (Blank).
| 10 | | (c) (1) (Blank).
| 11 | | (2) A period of probation, a term of periodic imprisonment | 12 | | or
conditional discharge shall not be imposed for the following | 13 | | offenses.
The court shall sentence the offender to not less | 14 | | than the minimum term
of imprisonment set forth in this Code | 15 | | for the following offenses, and
may order a fine or restitution | 16 | | or both in conjunction with such term of
imprisonment:
| 17 | | (A) First degree murder where the death penalty is not | 18 | | imposed.
| 19 | | (B) Attempted first degree murder.
| 20 | | (C) A Class X felony.
| 21 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 22 | | Controlled Substances Act, or a violation of subdivision | 23 | | (c)(1.5) of
Section 401 of that Act which relates to more |
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| 1 | | than 5 grams of a substance
containing fentanyl or an | 2 | | analog thereof.
| 3 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 4 | | of the Illinois Controlled Substances Act which relates to | 5 | | 3 or more grams of a substance
containing heroin or an | 6 | | analog thereof. | 7 | | (E) (Blank).
| 8 | | (F) A Class 1 or greater felony if the offender had | 9 | | been convicted
of a Class 1 or greater felony, including | 10 | | any state or federal conviction for an offense that | 11 | | contained, at the time it was committed, the same elements | 12 | | as an offense now (the date of the offense committed after | 13 | | the prior Class 1 or greater felony) classified as a Class | 14 | | 1 or greater felony, within 10 years of the date on which | 15 | | the
offender
committed the offense for which he or she is | 16 | | being sentenced, except as
otherwise provided in Section | 17 | | 40-10 of the Substance Use Disorder Act.
| 18 | | (F-3) A Class 2 or greater felony sex offense or felony | 19 | | firearm offense if the offender had been convicted of a | 20 | | Class 2 or greater felony, including any state or federal | 21 | | conviction for an offense that contained, at the time it | 22 | | was committed, the same elements as an offense now (the | 23 | | date of the offense committed after the prior Class 2 or | 24 | | greater felony) classified as a Class 2 or greater felony, | 25 | | within 10 years of the date on which the offender committed | 26 | | the offense for which he or she is being sentenced, except |
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| 1 | | as otherwise provided in Section 40-10 of the Substance Use | 2 | | Disorder Act. | 3 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012 for | 5 | | which imprisonment is prescribed in those Sections. | 6 | | (G) Residential burglary, except as otherwise provided | 7 | | in Section 40-10
of the Substance Use Disorder Act.
| 8 | | (H) Criminal sexual assault.
| 9 | | (I) Aggravated battery of a senior citizen as described | 10 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 12 | | (J) A forcible felony if the offense was related to the | 13 | | activities of an
organized gang.
| 14 | | Before July 1, 1994, for the purposes of this | 15 | | paragraph, "organized
gang" means an association of 5 or | 16 | | more persons, with an established hierarchy,
that | 17 | | encourages members of the association to perpetrate crimes | 18 | | or provides
support to the members of the association who | 19 | | do commit crimes.
| 20 | | Beginning July 1, 1994, for the purposes of this | 21 | | paragraph,
"organized gang" has the meaning ascribed to it | 22 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 23 | | Prevention Act.
| 24 | | (K) Vehicular hijacking.
| 25 | | (L) A second or subsequent conviction for the offense | 26 | | of hate crime
when the underlying offense upon which the |
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| 1 | | hate crime is based is felony
aggravated
assault or felony | 2 | | mob action.
| 3 | | (M) A second or subsequent conviction for the offense | 4 | | of institutional
vandalism if the damage to the property | 5 | | exceeds $300.
| 6 | | (N) A Class 3 felony violation of paragraph (1) of | 7 | | subsection (a) of
Section 2 of the Firearm Owners | 8 | | Identification Card Act.
| 9 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 11 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 12 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 13 | | Code of 1961 or the Criminal Code of 2012.
| 14 | | (Q) A violation of subsection (b) or (b-5) of Section | 15 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 16 | | Code of
1961 or the Criminal Code of 2012.
| 17 | | (R) A violation of Section 24-3A of the Criminal Code | 18 | | of
1961 or the Criminal Code of 2012.
| 19 | | (S) (Blank).
| 20 | | (T) (Blank).
| 21 | | (U) A second or subsequent violation of Section 6-303 | 22 | | of the Illinois Vehicle Code committed while his or her | 23 | | driver's license, permit, or privilege was revoked because | 24 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 25 | | or the Criminal Code of 2012, relating to the offense of | 26 | | reckless homicide, or a similar provision of a law of |
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| 1 | | another state.
| 2 | | (V)
A violation of paragraph (4) of subsection (c) of | 3 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 4 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 5 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 6 | | Code of 2012 when the victim is under 13 years of age and | 7 | | the defendant has previously been convicted under the laws | 8 | | of this State or any other state of the offense of child | 9 | | pornography, aggravated child pornography, aggravated | 10 | | criminal sexual abuse, aggravated criminal sexual assault, | 11 | | predatory criminal sexual assault of a child, or any of the | 12 | | offenses formerly known as rape, deviate sexual assault, | 13 | | indecent liberties with a child, or aggravated indecent | 14 | | liberties with a child where the victim was under the age | 15 | | of 18 years or an offense that is substantially equivalent | 16 | | to those offenses. | 17 | | (W) A violation of Section 24-3.5 of the Criminal Code | 18 | | of 1961 or the Criminal Code of 2012.
| 19 | | (X) A violation of subsection (a) of Section 31-1a of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 21 | | (Y) A conviction for unlawful possession of a firearm | 22 | | by a street gang member when the firearm was loaded or | 23 | | contained firearm ammunition. | 24 | | (Z) A Class 1 felony committed while he or she was | 25 | | serving a term of probation or conditional discharge for a | 26 | | felony. |
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| 1 | | (AA) Theft of property exceeding $500,000 and not | 2 | | exceeding $1,000,000 in value. | 3 | | (BB) Laundering of criminally derived property of a | 4 | | value exceeding
$500,000. | 5 | | (CC) Knowingly selling, offering for sale, holding for | 6 | | sale, or using 2,000 or more counterfeit items or | 7 | | counterfeit items having a retail value in the aggregate of | 8 | | $500,000 or more. | 9 | | (DD) A conviction for aggravated assault under | 10 | | paragraph (6) of subsection (c) of Section 12-2 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 12 | | firearm is aimed toward the person against whom the firearm | 13 | | is being used. | 14 | | (EE) A conviction for a violation of paragraph (2) of | 15 | | subsection (a) of Section 24-3B of the Criminal Code of | 16 | | 2012. | 17 | | (FF) A conviction for an offense described in | 18 | | subsection (f) of Section 5-5-3.2 of this Code. | 19 | | (3) (Blank).
| 20 | | (4) A minimum term of imprisonment of not less than 10
| 21 | | consecutive days or 30 days of community service shall be | 22 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 23 | | the Illinois Vehicle Code.
| 24 | | (4.1) (Blank).
| 25 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 26 | | this subsection (c), a
minimum of
100 hours of community |
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| 1 | | service shall be imposed for a second violation of
Section | 2 | | 6-303
of the Illinois Vehicle Code.
| 3 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 4 | | hours of community
service, as determined by the court, shall
| 5 | | be imposed for a second violation of subsection (c) of Section | 6 | | 6-303 of the
Illinois Vehicle Code.
| 7 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 8 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 9 | | 30 days or 300 hours of community service, as
determined by the | 10 | | court, shall
be imposed
for a third or subsequent violation of | 11 | | Section 6-303 of the Illinois Vehicle
Code. The court may give | 12 | | credit toward the fulfillment of community service hours for | 13 | | participation in activities and treatment as determined by | 14 | | court services.
| 15 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 16 | | imposed for a third violation of subsection (c) of
Section | 17 | | 6-303 of the Illinois Vehicle Code.
| 18 | | (4.6) Except as provided in paragraph (4.10) of this | 19 | | subsection (c), a minimum term of imprisonment of 180 days | 20 | | shall be imposed for a
fourth or subsequent violation of | 21 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 22 | | (4.7) A minimum term of imprisonment of not less than 30 | 23 | | consecutive days, or 300 hours of community service, shall be | 24 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 25 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 26 | | that Section.
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| 1 | | (4.8) A mandatory prison sentence shall be imposed for a | 2 | | second violation of subsection (a-5) of Section 6-303 of the | 3 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 4 | | Section. The person's driving privileges shall be revoked for a | 5 | | period of not less than 5 years from the date of his or her | 6 | | release from prison.
| 7 | | (4.9) A mandatory prison sentence of not less than 4 and | 8 | | not more than 15 years shall be imposed for a third violation | 9 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 10 | | Code, as provided in subsection (d-2.5) of that Section. The | 11 | | person's driving privileges shall be revoked for the remainder | 12 | | of his or her life.
| 13 | | (4.10) A mandatory prison sentence for a Class 1 felony | 14 | | shall be imposed, and the person shall be eligible for an | 15 | | extended term sentence, for a fourth or subsequent violation of | 16 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 17 | | as provided in subsection (d-3.5) of that Section. The person's | 18 | | driving privileges shall be revoked for the remainder of his or | 19 | | her life.
| 20 | | (5) The court may sentence a corporation or unincorporated
| 21 | | association convicted of any offense to:
| 22 | | (A) a period of conditional discharge;
| 23 | | (B) a fine;
| 24 | | (C) make restitution to the victim under Section 5-5-6 | 25 | | of this Code.
| 26 | | (5.1) In addition to any other penalties imposed, and |
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| 1 | | except as provided in paragraph (5.2) or (5.3), a person
| 2 | | convicted of violating subsection (c) of Section 11-907 of the | 3 | | Illinois
Vehicle Code shall have his or her driver's license, | 4 | | permit, or privileges
suspended for at least 90 days but not | 5 | | more than one year, if the violation
resulted in damage to the | 6 | | property of another person.
| 7 | | (5.2) In addition to any other penalties imposed, and | 8 | | except as provided in paragraph (5.3), a person convicted
of | 9 | | violating subsection (c) of Section 11-907 of the Illinois | 10 | | Vehicle Code
shall have his or her driver's license, permit, or | 11 | | privileges suspended for at
least 180 days but not more than 2 | 12 | | years, if the violation resulted in injury
to
another person.
| 13 | | (5.3) In addition to any other penalties imposed, a person | 14 | | convicted of violating subsection (c) of Section
11-907 of the | 15 | | Illinois Vehicle Code shall have his or her driver's license,
| 16 | | permit, or privileges suspended for 2 years, if the violation | 17 | | resulted in the
death of another person.
| 18 | | (5.4) In addition to any other penalties imposed, a person | 19 | | convicted of violating Section 3-707 of the Illinois Vehicle | 20 | | Code shall have his or her driver's license, permit, or | 21 | | privileges suspended for 3 months and until he or she has paid | 22 | | a reinstatement fee of $100. | 23 | | (5.5) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code during a period in which his or her driver's license, | 26 | | permit, or privileges were suspended for a previous violation |
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| 1 | | of that Section shall have his or her driver's license, permit, | 2 | | or privileges suspended for an additional 6 months after the | 3 | | expiration of the original 3-month suspension and until he or | 4 | | she has paid a reinstatement fee of $100.
| 5 | | (6) (Blank).
| 6 | | (7) (Blank).
| 7 | | (8) (Blank).
| 8 | | (9) A defendant convicted of a second or subsequent offense | 9 | | of ritualized
abuse of a child may be sentenced to a term of | 10 | | natural life imprisonment.
| 11 | | (10) (Blank).
| 12 | | (11) The court shall impose a minimum fine of $1,000 for a | 13 | | first offense
and $2,000 for a second or subsequent offense | 14 | | upon a person convicted of or
placed on supervision for battery | 15 | | when the individual harmed was a sports
official or coach at | 16 | | any level of competition and the act causing harm to the
sports
| 17 | | official or coach occurred within an athletic facility or | 18 | | within the immediate vicinity
of the athletic facility at which | 19 | | the sports official or coach was an active
participant
of the | 20 | | athletic contest held at the athletic facility. For the | 21 | | purposes of
this paragraph (11), "sports official" means a | 22 | | person at an athletic contest
who enforces the rules of the | 23 | | contest, such as an umpire or referee; "athletic facility" | 24 | | means an indoor or outdoor playing field or recreational area | 25 | | where sports activities are conducted;
and "coach" means a | 26 | | person recognized as a coach by the sanctioning
authority that |
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| 1 | | conducted the sporting event. | 2 | | (12) A person may not receive a disposition of court | 3 | | supervision for a
violation of Section 5-16 of the Boat | 4 | | Registration and Safety Act if that
person has previously | 5 | | received a disposition of court supervision for a
violation of | 6 | | that Section.
| 7 | | (13) A person convicted of or placed on court supervision | 8 | | for an assault or aggravated assault when the victim and the | 9 | | offender are family or household members as defined in Section | 10 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 11 | | of domestic battery or aggravated domestic battery may be | 12 | | required to attend a Partner Abuse Intervention Program under | 13 | | protocols set forth by the Illinois Department of Human | 14 | | Services under such terms and conditions imposed by the court. | 15 | | The costs of such classes shall be paid by the offender.
| 16 | | (d) In any case in which a sentence originally imposed is | 17 | | vacated,
the case shall be remanded to the trial court. The | 18 | | trial court shall
hold a hearing under Section 5-4-1 of this | 19 | | Code
which may include evidence of the defendant's life, moral | 20 | | character and
occupation during the time since the original | 21 | | sentence was passed. The
trial court shall then impose sentence | 22 | | upon the defendant. The trial
court may impose any sentence | 23 | | which could have been imposed at the
original trial subject to | 24 | | Section 5-5-4 of this Code.
If a sentence is vacated on appeal | 25 | | or on collateral attack due to the
failure of the trier of fact | 26 | | at trial to determine beyond a reasonable doubt
the
existence |
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| 1 | | of a fact (other than a prior conviction) necessary to increase | 2 | | the
punishment for the offense beyond the statutory maximum | 3 | | otherwise applicable,
either the defendant may be re-sentenced | 4 | | to a term within the range otherwise
provided or, if the State | 5 | | files notice of its intention to again seek the
extended | 6 | | sentence, the defendant shall be afforded a new trial.
| 7 | | (e) In cases where prosecution for
aggravated criminal | 8 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 9 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 10 | | of a defendant
who was a family member of the victim at the | 11 | | time of the commission of the
offense, the court shall consider | 12 | | the safety and welfare of the victim and
may impose a sentence | 13 | | of probation only where:
| 14 | | (1) the court finds (A) or (B) or both are appropriate:
| 15 | | (A) the defendant is willing to undergo a court | 16 | | approved counseling
program for a minimum duration of 2 | 17 | | years; or
| 18 | | (B) the defendant is willing to participate in a | 19 | | court approved plan
including but not limited to the | 20 | | defendant's:
| 21 | | (i) removal from the household;
| 22 | | (ii) restricted contact with the victim;
| 23 | | (iii) continued financial support of the | 24 | | family;
| 25 | | (iv) restitution for harm done to the victim; | 26 | | and
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| 1 | | (v) compliance with any other measures that | 2 | | the court may
deem appropriate; and
| 3 | | (2) the court orders the defendant to pay for the | 4 | | victim's counseling
services, to the extent that the court | 5 | | finds, after considering the
defendant's income and | 6 | | assets, that the defendant is financially capable of
paying | 7 | | for such services, if the victim was under 18 years of age | 8 | | at the
time the offense was committed and requires | 9 | | counseling as a result of the
offense.
| 10 | | Probation may be revoked or modified pursuant to Section | 11 | | 5-6-4; except
where the court determines at the hearing that | 12 | | the defendant violated a
condition of his or her probation | 13 | | restricting contact with the victim or
other family members or | 14 | | commits another offense with the victim or other
family | 15 | | members, the court shall revoke the defendant's probation and
| 16 | | impose a term of imprisonment.
| 17 | | For the purposes of this Section, "family member" and | 18 | | "victim" shall have
the meanings ascribed to them in Section | 19 | | 11-0.1 of the Criminal Code of
2012.
| 20 | | (f) (Blank).
| 21 | | (g) Whenever a defendant is convicted of an offense under | 22 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 23 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 24 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 25 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 26 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012,
the defendant shall undergo medical | 2 | | testing to
determine whether the defendant has any sexually | 3 | | transmissible disease,
including a test for infection with | 4 | | human immunodeficiency virus (HIV) or
any other identified | 5 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 6 | | Any such medical test shall be performed only by appropriately
| 7 | | licensed medical practitioners and may include an analysis of | 8 | | any bodily
fluids as well as an examination of the defendant's | 9 | | person.
Except as otherwise provided by law, the results of | 10 | | such test shall be kept
strictly confidential by all medical | 11 | | personnel involved in the testing and must
be personally | 12 | | delivered in a sealed envelope to the judge of the court in | 13 | | which
the conviction was entered for the judge's inspection in | 14 | | camera. Acting in
accordance with the best interests of the | 15 | | victim and the public, the judge
shall have the discretion to | 16 | | determine to whom, if anyone, the results of the
testing may be | 17 | | revealed. The court shall notify the defendant
of the test | 18 | | results. The court shall
also notify the victim if requested by | 19 | | the victim, and if the victim is under
the age of 15 and if | 20 | | requested by the victim's parents or legal guardian, the
court | 21 | | shall notify the victim's parents or legal guardian of the test
| 22 | | results.
The court shall provide information on the | 23 | | availability of HIV testing
and counseling at Department of | 24 | | Public Health facilities to all parties to
whom the results of | 25 | | the testing are revealed and shall direct the State's
Attorney | 26 | | to provide the information to the victim when possible.
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| 1 | | State's Attorney may petition the court to obtain the results | 2 | | of any HIV test
administered under this Section, and the court | 3 | | shall grant the disclosure if
the State's Attorney shows it is | 4 | | relevant in order to prosecute a charge of
criminal | 5 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 7 | | defendant. The court shall order that the cost of any such test
| 8 | | shall be paid by the county and may be taxed as costs against | 9 | | the convicted
defendant.
| 10 | | (g-5) When an inmate is tested for an airborne communicable | 11 | | disease, as
determined by the Illinois Department of Public | 12 | | Health including but not
limited to tuberculosis, the results | 13 | | of the test shall be
personally delivered by the warden or his | 14 | | or her designee in a sealed envelope
to the judge of the court | 15 | | in which the inmate must appear for the judge's
inspection in | 16 | | camera if requested by the judge. Acting in accordance with the
| 17 | | best interests of those in the courtroom, the judge shall have | 18 | | the discretion
to determine what if any precautions need to be | 19 | | taken to prevent transmission
of the disease in the courtroom.
| 20 | | (h) Whenever a defendant is convicted of an offense under | 21 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 22 | | defendant shall undergo
medical testing to determine whether | 23 | | the defendant has been exposed to human
immunodeficiency virus | 24 | | (HIV) or any other identified causative agent of
acquired | 25 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 26 | | by
law, the results of such test shall be kept strictly |
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| 1 | | confidential by all
medical personnel involved in the testing | 2 | | and must be personally delivered in a
sealed envelope to the | 3 | | judge of the court in which the conviction was entered
for the | 4 | | judge's inspection in camera. Acting in accordance with the | 5 | | best
interests of the public, the judge shall have the | 6 | | discretion to determine to
whom, if anyone, the results of the | 7 | | testing may be revealed. The court shall
notify the defendant | 8 | | of a positive test showing an infection with the human
| 9 | | immunodeficiency virus (HIV). The court shall provide | 10 | | information on the
availability of HIV testing and counseling | 11 | | at Department of Public Health
facilities to all parties to | 12 | | whom the results of the testing are revealed and
shall direct | 13 | | the State's Attorney to provide the information to the victim | 14 | | when
possible. A State's Attorney may petition the court to | 15 | | obtain the results of
any HIV test administered under this | 16 | | Section, and the court shall grant the
disclosure if the | 17 | | State's Attorney shows it is relevant in order to prosecute a
| 18 | | charge of criminal transmission of HIV under Section 12-5.01 or | 19 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 20 | | 2012 against the defendant. The court shall order that the cost | 21 | | of any
such test shall be paid by the county and may be taxed as | 22 | | costs against the
convicted defendant.
| 23 | | (i) All fines and penalties imposed under this Section for | 24 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 25 | | Vehicle Code, or a similar
provision of a local ordinance, and | 26 | | any violation
of the Child Passenger Protection Act, or a |
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| 1 | | similar provision of a local
ordinance, shall be collected and | 2 | | disbursed by the circuit
clerk as provided under the Criminal | 3 | | and Traffic Assessment Act.
| 4 | | (j) In cases when prosecution for any violation of Section | 5 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 6 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 7 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 8 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 9 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 10 | | Code of 2012, any violation of the Illinois Controlled | 11 | | Substances Act,
any violation of the Cannabis Control Act, or | 12 | | any violation of the Methamphetamine Control and Community | 13 | | Protection Act results in conviction, a
disposition of court | 14 | | supervision, or an order of probation granted under
Section 10 | 15 | | of the Cannabis Control Act, Section 410 of the Illinois
| 16 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 17 | | Control and Community Protection Act of a defendant, the court | 18 | | shall determine whether the
defendant is employed by a facility | 19 | | or center as defined under the Child Care
Act of 1969, a public | 20 | | or private elementary or secondary school, or otherwise
works | 21 | | with children under 18 years of age on a daily basis. When a | 22 | | defendant
is so employed, the court shall order the Clerk of | 23 | | the Court to send a copy of
the judgment of conviction or order | 24 | | of supervision or probation to the
defendant's employer by | 25 | | certified mail.
If the employer of the defendant is a school, | 26 | | the Clerk of the Court shall
direct the mailing of a copy of |
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| 1 | | the judgment of conviction or order of
supervision or probation | 2 | | to the appropriate regional superintendent of schools.
The | 3 | | regional superintendent of schools shall notify the State Board | 4 | | of
Education of any notification under this subsection.
| 5 | | (j-5) A defendant at least 17 years of age who is convicted | 6 | | of a felony and
who has not been previously convicted of a | 7 | | misdemeanor or felony and who is
sentenced to a term of | 8 | | imprisonment in the Illinois Department of Corrections
shall as | 9 | | a condition of his or her sentence be required by the court to | 10 | | attend
educational courses designed to prepare the defendant | 11 | | for a high school diploma
and to work toward a high school | 12 | | diploma or to work toward passing high school equivalency | 13 | | testing or to work toward
completing a vocational training | 14 | | program offered by the Department of
Corrections. If a | 15 | | defendant fails to complete the educational training
required | 16 | | by his or her sentence during the term of incarceration, the | 17 | | Prisoner
Review Board shall, as a condition of mandatory | 18 | | supervised release, require the
defendant, at his or her own | 19 | | expense, to pursue a course of study toward a high
school | 20 | | diploma or passage of high school equivalency testing. The | 21 | | Prisoner Review Board shall
revoke the mandatory supervised | 22 | | release of a defendant who wilfully fails to
comply with this | 23 | | subsection (j-5) upon his or her release from confinement in a
| 24 | | penal institution while serving a mandatory supervised release | 25 | | term; however,
the inability of the defendant after making a | 26 | | good faith effort to obtain
financial aid or pay for the |
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| 1 | | educational training shall not be deemed a wilful
failure to | 2 | | comply. The Prisoner Review Board shall recommit the defendant
| 3 | | whose mandatory supervised release term has been revoked under | 4 | | this subsection
(j-5) as provided in Section 3-3-9. This | 5 | | subsection (j-5) does not apply to a
defendant who has a high | 6 | | school diploma or has successfully passed high school | 7 | | equivalency testing. This subsection (j-5) does not apply to a | 8 | | defendant who is determined by
the court to be a person with a | 9 | | developmental disability or otherwise mentally incapable of
| 10 | | completing the educational or vocational program.
| 11 | | (k) (Blank).
| 12 | | (l) (A) Except as provided
in paragraph (C) of subsection | 13 | | (l), whenever a defendant,
who is an alien as defined by the | 14 | | Immigration and Nationality Act, is convicted
of any felony or | 15 | | misdemeanor offense, the court after sentencing the defendant
| 16 | | may, upon motion of the State's Attorney, hold sentence in | 17 | | abeyance and remand
the defendant to the custody of the | 18 | | Attorney General of
the United States or his or her designated | 19 | | agent to be deported when:
| 20 | | (1) a final order of deportation has been issued | 21 | | against the defendant
pursuant to proceedings under the | 22 | | Immigration and Nationality Act, and
| 23 | | (2) the deportation of the defendant would not | 24 | | deprecate the seriousness
of the defendant's conduct and | 25 | | would not be inconsistent with the ends of
justice.
| 26 | | Otherwise, the defendant shall be sentenced as provided in |
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| 1 | | this Chapter V.
| 2 | | (B) If the defendant has already been sentenced for a | 3 | | felony or
misdemeanor
offense, or has been placed on probation | 4 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 5 | | the Illinois Controlled Substances Act, or Section 70 of the | 6 | | Methamphetamine Control and Community Protection Act, the | 7 | | court
may, upon motion of the State's Attorney to suspend the
| 8 | | sentence imposed, commit the defendant to the custody of the | 9 | | Attorney General
of the United States or his or her designated | 10 | | agent when:
| 11 | | (1) a final order of deportation has been issued | 12 | | against the defendant
pursuant to proceedings under the | 13 | | Immigration and Nationality Act, and
| 14 | | (2) the deportation of the defendant would not | 15 | | deprecate the seriousness
of the defendant's conduct and | 16 | | would not be inconsistent with the ends of
justice.
| 17 | | (C) This subsection (l) does not apply to offenders who are | 18 | | subject to the
provisions of paragraph (2) of subsection (a) of | 19 | | Section 3-6-3.
| 20 | | (D) Upon motion of the State's Attorney, if a defendant | 21 | | sentenced under
this Section returns to the jurisdiction of the | 22 | | United States, the defendant
shall be recommitted to the | 23 | | custody of the county from which he or she was
sentenced.
| 24 | | Thereafter, the defendant shall be brought before the | 25 | | sentencing court, which
may impose any sentence that was | 26 | | available under Section 5-5-3 at the time of
initial |
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| 1 | | sentencing. In addition, the defendant shall not be eligible | 2 | | for
additional earned sentence credit as provided under
Section | 3 | | 3-6-3.
| 4 | | (m) A person convicted of criminal defacement of property | 5 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012, in which the property damage exceeds | 7 | | $300
and the property damaged is a school building, shall be | 8 | | ordered to perform
community service that may include cleanup, | 9 | | removal, or painting over the
defacement.
| 10 | | (n) The court may sentence a person convicted of a | 11 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 12 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 13 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 14 | | incarceration program if the person is otherwise eligible for | 15 | | that program
under Section 5-8-1.1, (ii) to community service, | 16 | | or (iii) if the person has a substance use disorder, as defined
| 17 | | in the Substance Use Disorder Act, to a treatment program
| 18 | | licensed under that Act. | 19 | | (o) Whenever a person is convicted of a sex offense as | 20 | | defined in Section 2 of the Sex Offender Registration Act, the | 21 | | defendant's driver's license or permit shall be subject to | 22 | | renewal on an annual basis in accordance with the provisions of | 23 | | license renewal established by the Secretary of State.
| 24 | | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | 25 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
|
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| 1 | | (730 ILCS 5/5-5-3.2)
| 2 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 3 | | sentencing.
| 4 | | (a) The following factors shall be accorded weight in favor | 5 | | of
imposing a term of imprisonment or may be considered by the | 6 | | court as reasons
to impose a more severe sentence under Section | 7 | | 5-8-1 or Article 4.5 of Chapter V:
| 8 | | (1) the defendant's conduct caused or threatened | 9 | | serious harm;
| 10 | | (2) the defendant received compensation for committing | 11 | | the offense;
| 12 | | (3) the defendant has a history of prior delinquency or | 13 | | criminal activity;
| 14 | | (4) the defendant, by the duties of his office or by | 15 | | his position,
was obliged to prevent the particular offense | 16 | | committed or to bring
the offenders committing it to | 17 | | justice;
| 18 | | (5) the defendant held public office at the time of the | 19 | | offense,
and the offense related to the conduct of that | 20 | | office;
| 21 | | (6) the defendant utilized his professional reputation | 22 | | or
position in the community to commit the offense, or to | 23 | | afford
him an easier means of committing it;
| 24 | | (7) the sentence is necessary to deter others from | 25 | | committing
the same crime;
| 26 | | (8) the defendant committed the offense against a |
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| 1 | | person 60 years of age
or older or such person's property;
| 2 | | (9) the defendant committed the offense against a | 3 | | person who has a physical disability or such person's | 4 | | property;
| 5 | | (10) by reason of another individual's actual or | 6 | | perceived race, color,
creed, religion, ancestry, gender, | 7 | | sexual orientation, physical or mental
disability, or | 8 | | national origin, the defendant committed the offense | 9 | | against (i)
the person or property
of that individual; (ii) | 10 | | the person or property of a person who has an
association | 11 | | with, is married to, or has a friendship with the other | 12 | | individual;
or (iii) the person or property of a relative | 13 | | (by blood or marriage) of a
person described in clause (i) | 14 | | or (ii). For the purposes of this Section,
"sexual | 15 | | orientation" has the meaning ascribed to it in paragraph | 16 | | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| 17 | | (11) the offense took place in a place of worship or on | 18 | | the
grounds of a place of worship, immediately prior to, | 19 | | during or immediately
following worship services. For | 20 | | purposes of this subparagraph, "place of
worship" shall | 21 | | mean any church, synagogue or other building, structure or
| 22 | | place used primarily for religious worship;
| 23 | | (12) the defendant was convicted of a felony committed | 24 | | while he was
released on bail or his own recognizance | 25 | | pending trial for a prior felony
and was convicted of such | 26 | | prior felony, or the defendant was convicted of a
felony |
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| 1 | | committed while he was serving a period of probation,
| 2 | | conditional discharge, or mandatory supervised release | 3 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 4 | | (13) the defendant committed or attempted to commit a | 5 | | felony while he
was wearing a bulletproof vest. For the | 6 | | purposes of this paragraph (13), a
bulletproof vest is any | 7 | | device which is designed for the purpose of
protecting the | 8 | | wearer from bullets, shot or other lethal projectiles;
| 9 | | (14) the defendant held a position of trust or | 10 | | supervision such as, but
not limited to, family member as | 11 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 12 | | teacher, scout leader, baby sitter, or day care worker, in
| 13 | | relation to a victim under 18 years of age, and the | 14 | | defendant committed an
offense in violation of Section | 15 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 16 | | 11-14.4 except for an offense that involves keeping a place | 17 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 18 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 19 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 20 | | of 2012
against
that victim;
| 21 | | (15) the defendant committed an offense related to the | 22 | | activities of an
organized gang. For the purposes of this | 23 | | factor, "organized gang" has the
meaning ascribed to it in | 24 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 25 | | Act;
| 26 | | (16) the defendant committed an offense in violation of |
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| 1 | | one of the
following Sections while in a school, regardless | 2 | | of the time of day or time of
year; on any conveyance | 3 | | owned, leased, or contracted by a school to transport
| 4 | | students to or from school or a school related activity; on | 5 | | the real property
of a school; or on a public way within | 6 | | 1,000 feet of the real property
comprising any school: | 7 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 8 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 9 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 10 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | 11 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 12 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 13 | | Criminal Code of 2012;
| 14 | | (16.5) the defendant committed an offense in violation | 15 | | of one of the
following Sections while in a day care | 16 | | center, regardless of the time of day or
time of year; on | 17 | | the real property of a day care center, regardless of the | 18 | | time
of day or time of year; or on a public
way within | 19 | | 1,000 feet of the real property comprising any day care | 20 | | center,
regardless of the time of day or time of year:
| 21 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 22 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 23 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 24 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 25 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 26 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
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| 1 | | Criminal Code of 2012;
| 2 | | (17) the defendant committed the offense by reason of | 3 | | any person's
activity as a community policing volunteer or | 4 | | to prevent any person from
engaging in activity as a | 5 | | community policing volunteer. For the purpose of
this | 6 | | Section, "community policing volunteer" has the meaning | 7 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 8 | | 2012;
| 9 | | (18) the defendant committed the offense in a nursing | 10 | | home or on the
real
property comprising a nursing home. For | 11 | | the purposes of this paragraph (18),
"nursing home" means a | 12 | | skilled nursing
or intermediate long term care facility | 13 | | that is subject to license by the
Illinois Department of | 14 | | Public Health under the Nursing Home Care
Act, the | 15 | | Specialized Mental Health Rehabilitation Act of 2013, the | 16 | | ID/DD Community Care Act, or the MC/DD Act;
| 17 | | (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 Criminal Code of 2012 or the offense of driving | 26 | | under the influence of alcohol, other drug or
drugs, |
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| 1 | | intoxicating compound or compounds or any combination | 2 | | thereof under Section 11-501 of the Illinois Vehicle Code | 3 | | or a similar provision of a local ordinance and (ii) was | 4 | | operating a motor vehicle in excess of 20 miles per hour | 5 | | over the posted speed limit as provided in Article VI of | 6 | | Chapter 11 of the Illinois Vehicle Code;
| 7 | | (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; | 13 | | (22) the defendant committed the offense against a | 14 | | person that the defendant knew, or reasonably should have | 15 | | known, was a member of the Armed Forces of the United | 16 | | States serving on active duty. For purposes of this clause | 17 | | (22), the term "Armed Forces" means any of the Armed Forces | 18 | | of the United States, including a member of any reserve | 19 | | component thereof or National Guard unit called to active | 20 | | duty;
| 21 | | (23)
the defendant committed the offense against a | 22 | | person who was elderly or infirm or who was a person with a | 23 | | disability by taking advantage of a family or fiduciary | 24 | | relationship with the elderly or infirm person or person | 25 | | with a disability;
| 26 | | (24)
the defendant committed any offense under Section |
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| 1 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012 and possessed 100 or more images;
| 3 | | (25) the defendant committed the offense while the | 4 | | defendant or the victim was in a train, bus, or other | 5 | | vehicle used for public transportation; | 6 | | (26) the defendant committed the offense of child | 7 | | pornography or aggravated child pornography, specifically | 8 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 9 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 10 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 11 | | solicited for, depicted in, or posed in any act of sexual | 12 | | penetration or bound, fettered, or subject to sadistic, | 13 | | masochistic, or sadomasochistic abuse in a sexual context | 14 | | and specifically including paragraph (1), (2), (3), (4), | 15 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 16 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 17 | | engaged in, solicited for, depicted in, or posed in any act | 18 | | of sexual penetration or bound, fettered, or subject to | 19 | | sadistic, masochistic, or sadomasochistic abuse in a | 20 | | sexual context; | 21 | | (27) the defendant committed the offense of first | 22 | | degree murder, assault, aggravated assault, battery, | 23 | | aggravated battery, robbery, armed robbery, or aggravated | 24 | | robbery against a person who was a veteran and the | 25 | | defendant knew, or reasonably should have known, that the | 26 | | person was a veteran performing duties as a representative |
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| 1 | | of a veterans' organization. For the purposes of this | 2 | | paragraph (27), "veteran" means an Illinois resident who | 3 | | has served as a member of the United States Armed Forces, a | 4 | | member of the Illinois National Guard, or a member of the | 5 | | United States Reserve Forces; and "veterans' organization" | 6 | | means an organization comprised of members of
which | 7 | | substantially all are individuals who are veterans or | 8 | | spouses,
widows, or widowers of veterans, the primary | 9 | | purpose of which is to
promote the welfare of its members | 10 | | and to provide assistance to the general
public in such a | 11 | | way as to confer a public benefit; | 12 | | (28) the defendant committed the offense of assault, | 13 | | aggravated assault, battery, aggravated battery, robbery, | 14 | | armed robbery, or aggravated robbery against a person that | 15 | | the defendant knew or reasonably should have known was a | 16 | | letter carrier or postal worker while that person was | 17 | | performing his or her duties delivering mail for the United | 18 | | States Postal Service; | 19 | | (29) the defendant committed the offense of criminal | 20 | | sexual assault, aggravated criminal sexual assault, | 21 | | criminal sexual abuse, or aggravated criminal sexual abuse | 22 | | against a victim with an intellectual disability, and the | 23 | | defendant holds a position of trust, authority, or | 24 | | supervision in relation to the victim; | 25 | | (30) the defendant committed the offense of promoting | 26 | | juvenile prostitution, patronizing a prostitute, or |
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| 1 | | patronizing a minor engaged in prostitution and at the time | 2 | | of the commission of the offense knew that the prostitute | 3 | | or minor engaged in prostitution was in the custody or | 4 | | guardianship of the Department of Children and Family | 5 | | Services; | 6 | | (31) the defendant (i) committed the offense of driving | 7 | | while under the influence of alcohol, other drug or drugs, | 8 | | intoxicating compound or compounds or any combination | 9 | | thereof in violation of Section 11-501 of the Illinois | 10 | | Vehicle Code or a similar provision of a local ordinance | 11 | | and (ii) the defendant during the commission of the offense | 12 | | was driving his or her vehicle upon a roadway designated | 13 | | for one-way traffic in the opposite direction of the | 14 | | direction indicated by official traffic control devices; | 15 | | or | 16 | | (32) the defendant committed the offense of reckless | 17 | | homicide while committing a violation of Section 11-907 of | 18 | | the Illinois Vehicle Code ; . | 19 | | (33) (32) the defendant was found guilty of an | 20 | | administrative infraction related to an act or acts of | 21 | | public indecency or sexual misconduct in the penal | 22 | | institution. In this paragraph (33) (32) , "penal | 23 | | institution" has the same meaning as in Section 2-14 of the | 24 | | Criminal Code of 2012 ; or . | 25 | | (34) (32) the defendant committed the offense of | 26 | | leaving the scene of an accident in violation of subsection |
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| 1 | | (b) of Section 11-401 of the Illinois Vehicle Code and the | 2 | | accident resulted in the death of a person and at the time | 3 | | of the offense, the defendant was: (i) driving under the | 4 | | influence of alcohol, other drug or drugs, intoxicating | 5 | | compound or compounds or any combination thereof as defined | 6 | | by Section 11-501 of the Illinois Vehicle Code; or (ii) | 7 | | operating the motor vehicle while using an electronic | 8 | | communication device as defined in Section 12-610.2 of the | 9 | | Illinois Vehicle Code. | 10 | | For the purposes of this Section:
| 11 | | "School" is defined as a public or private
elementary or | 12 | | secondary school, community college, college, or university.
| 13 | | "Day care center" means a public or private State certified | 14 | | and
licensed day care center as defined in Section 2.09 of the | 15 | | Child Care Act of
1969 that displays a sign in plain view | 16 | | stating that the
property is a day care center.
| 17 | | "Intellectual disability" means significantly subaverage | 18 | | intellectual functioning which exists concurrently
with | 19 | | impairment in adaptive behavior. | 20 | | "Public transportation" means the transportation
or | 21 | | conveyance of persons by means available to the general public, | 22 | | and includes paratransit services. | 23 | | "Traffic control devices" means all signs, signals, | 24 | | markings, and devices that conform to the Illinois Manual on | 25 | | Uniform Traffic Control Devices, placed or erected by authority | 26 | | of a public body or official having jurisdiction, for the |
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| 1 | | purpose of regulating, warning, or guiding traffic. | 2 | | (b) The following factors, related to all felonies, may be | 3 | | considered by the court as
reasons to impose an extended term | 4 | | sentence under Section 5-8-2
upon any offender:
| 5 | | (1) When a defendant is convicted of any felony, after | 6 | | having
been previously convicted in Illinois or any other | 7 | | jurisdiction of the
same or similar class felony or greater | 8 | | class felony, when such conviction
has occurred within 10 | 9 | | years after the
previous conviction, excluding time spent | 10 | | in custody, and such charges are
separately brought and | 11 | | tried and arise out of different series of acts; or
| 12 | | (2) When a defendant is convicted of any felony and the | 13 | | court
finds that the offense was accompanied by | 14 | | exceptionally brutal
or heinous behavior indicative of | 15 | | wanton cruelty; or
| 16 | | (3) When a defendant is convicted of any felony | 17 | | committed against:
| 18 | | (i) a person under 12 years of age at the time of | 19 | | the offense or such
person's property;
| 20 | | (ii) a person 60 years of age or older at the time | 21 | | of the offense or
such person's property; or
| 22 | | (iii) a person who had a physical disability at the | 23 | | time of the offense or
such person's property; or
| 24 | | (4) When a defendant is convicted of any felony and the | 25 | | offense
involved any of the following types of specific | 26 | | misconduct committed as
part of a ceremony, rite, |
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| 1 | | initiation, observance, performance, practice or
activity | 2 | | of any actual or ostensible religious, fraternal, or social | 3 | | group:
| 4 | | (i) the brutalizing or torturing of humans or | 5 | | animals;
| 6 | | (ii) the theft of human corpses;
| 7 | | (iii) the kidnapping of humans;
| 8 | | (iv) the desecration of any cemetery, religious, | 9 | | fraternal, business,
governmental, educational, or | 10 | | other building or property; or
| 11 | | (v) ritualized abuse of a child; or
| 12 | | (5) When a defendant is convicted of a felony other | 13 | | than conspiracy and
the court finds that
the felony was | 14 | | committed under an agreement with 2 or more other persons
| 15 | | to commit that offense and the defendant, with respect to | 16 | | the other
individuals, occupied a position of organizer, | 17 | | supervisor, financier, or any
other position of management | 18 | | or leadership, and the court further finds that
the felony | 19 | | committed was related to or in furtherance of the criminal
| 20 | | activities of an organized gang or was motivated by the | 21 | | defendant's leadership
in an organized gang; or
| 22 | | (6) When a defendant is convicted of an offense | 23 | | committed while using a firearm with a
laser sight attached | 24 | | to it. For purposes of this paragraph, "laser sight"
has | 25 | | the meaning ascribed to it in Section 26-7 of the Criminal | 26 | | Code of
2012; or
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| 1 | | (7) When a defendant who was at least 17 years of age | 2 | | at the
time of
the commission of the offense is convicted | 3 | | of a felony and has been previously
adjudicated a | 4 | | delinquent minor under the Juvenile Court Act of 1987 for | 5 | | an act
that if committed by an adult would be a Class X or | 6 | | Class 1 felony when the
conviction has occurred within 10 | 7 | | years after the previous adjudication,
excluding time | 8 | | spent in custody; or
| 9 | | (8) When a defendant commits any felony and the | 10 | | defendant used, possessed, exercised control over, or | 11 | | otherwise directed an animal to assault a law enforcement | 12 | | officer engaged in the execution of his or her official | 13 | | duties or in furtherance of the criminal activities of an | 14 | | organized gang in which the defendant is engaged; or
| 15 | | (9) When a defendant commits any felony and the | 16 | | defendant knowingly video or audio records the offense with | 17 | | the intent to disseminate the recording. | 18 | | (c) The following factors may be considered by the court as | 19 | | reasons to impose an extended term sentence under Section 5-8-2 | 20 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 21 | | (1) When a defendant is convicted of first degree | 22 | | murder, after having been previously convicted in Illinois | 23 | | of any offense listed under paragraph (c)(2) of Section | 24 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 25 | | within 10 years after the previous conviction, excluding | 26 | | time spent in custody, and the charges are separately |
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| 1 | | brought and tried and arise out of different series of | 2 | | acts. | 3 | | (1.5) When a defendant is convicted of first degree | 4 | | murder, after having been previously convicted of domestic | 5 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 6 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 7 | | having been previously convicted of violation of an order | 8 | | of protection (720 ILCS 5/12-30) in which the same victim | 9 | | was the protected person. | 10 | | (2) When a defendant is convicted of voluntary | 11 | | manslaughter, second degree murder, involuntary | 12 | | manslaughter, or reckless homicide in which the defendant | 13 | | has been convicted of causing the death of more than one | 14 | | individual. | 15 | | (3) When a defendant is convicted of aggravated | 16 | | criminal sexual assault or criminal sexual assault, when | 17 | | there is a finding that aggravated criminal sexual assault | 18 | | or criminal sexual assault was also committed on the same | 19 | | victim by one or more other individuals, and the defendant | 20 | | voluntarily participated in the crime with the knowledge of | 21 | | the participation of the others in the crime, and the | 22 | | commission of the crime was part of a single course of | 23 | | conduct during which there was no substantial change in the | 24 | | nature of the criminal objective. | 25 | | (4) If the victim was under 18 years of age at the time | 26 | | of the commission of the offense, when a defendant is |
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| 1 | | convicted of aggravated criminal sexual assault or | 2 | | predatory criminal sexual assault of a child under | 3 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 4 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 6 | | (5) When a defendant is convicted of a felony violation | 7 | | of Section 24-1 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 9 | | finding that the defendant is a member of an organized | 10 | | gang. | 11 | | (6) When a defendant was convicted of unlawful use of | 12 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 14 | | a weapon that is not readily distinguishable as one of the | 15 | | weapons enumerated in Section 24-1 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 17 | | (7) When a defendant is convicted of an offense | 18 | | involving the illegal manufacture of a controlled | 19 | | substance under Section 401 of the Illinois Controlled | 20 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 21 | | of methamphetamine under Section 25 of the Methamphetamine | 22 | | Control and Community Protection Act (720 ILCS 646/25), or | 23 | | the illegal possession of explosives and an emergency | 24 | | response officer in the performance of his or her duties is | 25 | | killed or injured at the scene of the offense while | 26 | | responding to the emergency caused by the commission of the |
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| 1 | | offense. In this paragraph, "emergency" means a situation | 2 | | in which a person's life, health, or safety is in jeopardy; | 3 | | and "emergency response officer" means a peace officer, | 4 | | community policing volunteer, fireman, emergency medical | 5 | | technician-ambulance, emergency medical | 6 | | technician-intermediate, emergency medical | 7 | | technician-paramedic, ambulance driver, other medical | 8 | | assistance or first aid personnel, or hospital emergency | 9 | | room personnel.
| 10 | | (8) When the defendant is convicted of attempted mob | 11 | | action, solicitation to commit mob action, or conspiracy to | 12 | | commit mob action under Section 8-1, 8-2, or 8-4 of the | 13 | | Criminal Code of 2012, where the criminal object is a | 14 | | violation of Section 25-1 of the Criminal Code of 2012, and | 15 | | an electronic communication is used in the commission of | 16 | | the offense. For the purposes of this paragraph (8), | 17 | | "electronic communication" shall have the meaning provided | 18 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 19 | | (d) For the purposes of this Section, "organized gang" has | 20 | | the meaning
ascribed to it in Section 10 of the Illinois | 21 | | Streetgang Terrorism Omnibus
Prevention Act.
| 22 | | (e) The court may impose an extended term sentence under | 23 | | Article 4.5 of Chapter V upon an offender who has been | 24 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 25 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 26 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | when the victim of the offense is under 18 years of age at the | 2 | | time of the commission of the offense and, during the | 3 | | commission of the offense, the victim was under the influence | 4 | | of alcohol, regardless of whether or not the alcohol was | 5 | | supplied by the offender; and the offender, at the time of the | 6 | | commission of the offense, knew or should have known that the | 7 | | victim had consumed alcohol. | 8 | | (f) The court shall add 3 years of imprisonment to the | 9 | | sentence imposed upon a defendant who, at the time of the | 10 | | commission of the offense, was a holder of an elective office | 11 | | or who was appointed to fill a vacancy in that office and who | 12 | | is convicted of a felony relating to or arising out of or in | 13 | | connection with his or her service as a holder of that office. | 14 | | In this subsection (f), "elective office" means the Governor, | 15 | | Lieutenant Governor, Attorney General, Secretary of State, | 16 | | State Comptroller, or State Treasurer, a member of the General | 17 | | Assembly, a judge of the Circuit, Appellate, or Supreme Court, | 18 | | or a member of the governing body of a unit of local government | 19 | | or school district. | 20 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | 21 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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