Public Act 095-0942
 		





HB3477 Enrolled
LRB095 09074 RLC 29266 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Section 16D-5.5 as follows:
 
    (720 ILCS 5/16D-5.5  new)
    Sec. 16D-5.5. Unlawful use of encryption.
    (a) For the purpose of this Section:
        "Access" means to intercept, instruct, communicate 
    with, store data in, retrieve from, or otherwise make use 
    of any resources of a computer, network, or data.
        "Computer" means an electronic device which performs 
    logical, arithmetic, and memory functions by manipulations 
    of electronic or magnetic impulses and includes all 
    equipment related to the computer in a system or network.
        "Computer contaminant" means any data, information, 
    image, program, signal, or sound that is designated or has 
    the capability to: (1) contaminate, corrupt, consume, 
    damage, destroy, disrupt, modify, record, or transmit; or 
    (2) cause to be contaminated, corrupted, consumed, 
    damaged, destroyed, disrupted, modified, recorded, or 
    transmitted, any other data, information, image, program, 
    signal, or sound contained in a computer, system, or 
    network without the knowledge or consent of the person who 
    owns the other data, information, image, program, signal, 
    or sound or the computer, system, or network.
        "Computer contaminant" includes, without limitation: 
    (1) a virus, worm, or Trojan horse; (2) spyware that tracks 
    computer activity and is capable of recording and 
    transmitting such information to third parties; or (3) any 
    other similar data, information, image, program, signal, 
    or sound that is designed or has the capability to prevent, 
    impede, delay, or disrupt the normal operation or use of 
    any component, device, equipment, system, or network.
        "Data" means a representation in any form of 
    information, knowledge, facts, concepts, or instructions 
    which is being prepared or has been formally prepared and 
    is intended to be processed, is being processed or has been 
    processed in a system or network.
        "Encryption" means the use of any protective or 
    disruptive measure, including, without limitation, 
    cryptography, enciphering, encoding, or a computer 
    contaminant, to: (1) prevent, impede, delay, or disrupt 
    access to any data, information, image, program, signal, or 
    sound; (2) cause or make any data, information, image, 
    program, signal, or sound unintelligible or unusable; or 
    (3) prevent, impede, delay, or disrupt the normal operation 
    or use of any component, device, equipment, system, or 
    network.
        "Network" means a set of related, remotely connected 
    devices and facilities, including more than one system, 
    with the capability to transmit data among any of the 
    devices and facilities. The term includes, without 
    limitation, a local, regional, or global computer network.
        "Program" means an ordered set of data representing 
    coded instructions or statements which can be executed by a 
    computer and cause the computer to perform one or more 
    tasks.
        "System" means a set of related equipment, whether or 
    not connected, which is used with or for a computer.
    (b) A person shall not knowingly use or attempt to use 
encryption, directly or indirectly, to:
        (1) commit, facilitate, further, or promote any 
    criminal offense;
        (2) aid, assist, or encourage another person to commit 
    any criminal offense;
        (3) conceal evidence of the commission of any criminal 
    offense; or
        (4) conceal or protect the identity of a person who has 
    committed any criminal offense.
    (c) Telecommunications carriers and information service 
providers are not liable under this Section, except for willful 
and wanton misconduct, for providing encryption services used 
by others in violation of this Section. 
    (d) Sentence. A person who violates this Section is guilty 
of a Class A misdemeanor, unless the encryption was used or 
attempted to be used to commit an offense for which a greater 
penalty is provided by law. If the encryption was used or 
attempted to be used to commit an offense for which a greater 
penalty is provided by law, the person shall be punished as 
prescribed by law for that offense.
    (e) A person who violates this Section commits a criminal 
offense that is separate and distinct from any other criminal 
offense and may be prosecuted and convicted under this Section 
whether or not the person or any other person is or has been 
prosecuted or convicted for any other criminal offense arising 
out of the same facts as the violation of this Section.

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 5-5-3.2 as follows:
 



    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)


    Sec. 5-5-3.2. Factors in Aggravation. 

    (a) The following factors shall be accorded weight in favor 
of
imposing a term of imprisonment or may be considered by the 
court as reasons
to impose a more severe sentence under Section 
5-8-1:

        (1) the defendant's conduct caused or threatened 
    serious harm;

        (2) the defendant received compensation for committing 
    the offense;

        (3) the defendant has a history of prior delinquency or 
    criminal activity;

        (4) the defendant, by the duties of his office or by 
    his position,
was obliged to prevent the particular offense 
    committed or to bring
the offenders committing it to 
    justice;

        (5) the defendant held public office at the time of the 
    offense,
and the offense related to the conduct of that 
    office;

        (6) the defendant utilized his professional reputation 
    or
position in the community to commit the offense, or to 
    afford
him an easier means of committing it;

        (7) the sentence is necessary to deter others from 
    committing
the same crime;

        (8) the defendant committed the offense against a 
    person 60 years of age
or older or such person's property;

        (9) the defendant committed the offense against a 
    person who is
physically handicapped or such person's 
    property;

        (10) by reason of another individual's actual or 
    perceived race, color,
creed, religion, ancestry, gender, 
    sexual orientation, physical or mental
disability, or 
    national origin, the defendant committed the offense 
    against (i)
the person or property
of that individual; (ii) 
    the person or property of a person who has an
association 
    with, is married to, or has a friendship with the other 
    individual;
or (iii) the person or property of a relative 
    (by blood or marriage) of a
person described in clause (i) 
    or (ii).  For the purposes of this Section,
"sexual 
    orientation" means heterosexuality, homosexuality, or 
    bisexuality;

        (11) the offense took place in a place of worship or on 
    the
grounds of a place of worship, immediately prior to, 
    during or immediately
following worship services.  For 
    purposes of this subparagraph, "place of
worship" shall 
    mean any church, synagogue or other building, structure or

    place used primarily for religious worship;

        (12) the defendant was convicted of a felony committed 
    while he was
released on bail or his own recognizance 
    pending trial for a prior felony
and was convicted of such 
    prior felony, or the defendant was convicted of a
felony 
    committed while he was serving a period of probation,

    conditional discharge, or mandatory supervised release 
    under subsection (d)
of Section 5-8-1
for a prior felony;

        (13) the defendant committed or attempted to commit a 
    felony while he
was wearing a bulletproof vest.  For the 
    purposes of this paragraph (13), a
bulletproof vest is any 
    device which is designed for the purpose of
protecting the 
    wearer from bullets, shot or other lethal projectiles;

        (14) the defendant held a position of trust or 
    supervision such as, but
not limited to, family member as 
    defined in Section 12-12 of the Criminal Code
of 1961, 
    teacher, scout leader, baby sitter, or day care worker, in

    relation to a victim under 18 years of age, and the 
    defendant committed an
offense in violation of Section 
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, 
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

    against
that victim;

        (15) the defendant committed an offense related to the 
    activities of an
organized gang.  For the purposes of this 
    factor, "organized gang" has the
meaning ascribed to it in 
    Section 10 of the Streetgang Terrorism Omnibus
Prevention 
    Act;

        (16) the defendant committed an offense in violation of 
    one of the
following Sections while in a school, regardless 
    of the time of day or time of
year; on any conveyance 
    owned, leased, or contracted by a school to transport

    students to or from school or a school related activity; on 
    the real property
of a school; or on a public way within 
    1,000 feet of the real property
comprising any school: 
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,

    11-19.1, 11-19.2,  12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
    12-6, 12-6.1,  12-13,
12-14, 12-14.1, 12-15, 12-16,  18-2, or 
    33A-2 of the Criminal Code of
1961;

        (16.5) the defendant committed an offense in violation 
    of one of the
following Sections while in a day care 
    center, regardless of the time of day or
time of year; on 
    the real property of a day care center, regardless of the 
    time
of day or time of year; or on a public
way within 
    1,000 feet of the real property comprising any day care 
    center,
regardless of the time of day or time of year:

    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, 
    11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
    12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 
    33A-2 of the Criminal
Code of 1961;

        (17) the defendant committed the offense by reason of 
    any person's
activity as a community policing volunteer or 
    to prevent any person from
engaging in activity as a 
    community policing volunteer.  For the purpose of
this 
    Section, "community policing volunteer" has the meaning 
    ascribed to it in
Section 2-3.5 of the Criminal Code of 
    1961;

        (18) the defendant committed the offense in a nursing 
    home or on the
real
property comprising a nursing home.  For 
    the purposes of this paragraph (18),
"nursing home" means a 
    skilled nursing
or intermediate long term care facility 
    that is subject to license by the
Illinois Department of 
    Public Health under the Nursing Home Care
Act;

        (19) the defendant was a federally licensed firearm 
    dealer
and
was
previously convicted of a violation of 
    subsection (a) of Section 3 of the
Firearm Owners 
    Identification Card Act and has now committed either a 
    felony
violation
of the Firearm Owners Identification Card 
    Act or an act of armed violence while
armed
with a firearm;
        (20) the defendant (i) committed the offense of 
    reckless homicide under Section 9-3 of the Criminal Code of 
    1961 or the offense of driving under the influence of 
    alcohol, other drug or
drugs, intoxicating compound or 
    compounds or any combination thereof under Section 11-501 
    of the Illinois Vehicle Code or a similar provision of a 
    local ordinance and (ii) was operating a motor vehicle in 
    excess of 20 miles per hour over the posted speed limit as 
    provided in Article VI of Chapter 11 of the Illinois 
    Vehicle Code; or


        (21) the defendant (i) committed the offense of 
    reckless driving or aggravated reckless driving  under 
    Section 11-503 of the Illinois Vehicle Code and (ii) was 
    operating a motor vehicle in excess of 20 miles per hour 
    over the posted speed limit as provided in Article VI of 
    Chapter 11 of the Illinois Vehicle Code; or
.
        (22)  the defendant committed any offense under Section 
    11-20.1 of the Criminal Code of 1961 and possessed 100 or 
    more images.

    For the purposes of this Section:

    "School" is defined as a public or private
elementary or 
secondary school, community college, college, or university.

    "Day care center" means a public or private State certified 
and
licensed day care center as defined in Section 2.09 of the 
Child Care Act of
1969 that displays a sign in plain view 
stating that the
property is a day care center.

    (b) The following factors may be considered by the court as

reasons to impose an extended term sentence under Section 5-8-2

upon any offender:

        (1) When a defendant is convicted of any felony, after 
    having
been previously convicted in Illinois or any other 
    jurisdiction of the
same or similar class felony or greater 
    class felony, when such conviction
has occurred within 10 
    years after the
previous conviction, excluding time spent 
    in custody, and such charges are
separately brought and 
    tried and arise out of different series of acts; or

        (2) When a defendant is convicted of any felony and the 
    court
finds that the offense was accompanied by 
    exceptionally brutal
or heinous behavior indicative of 
    wanton cruelty; or

        (3) When a defendant is convicted of voluntary 
    manslaughter, second
degree murder, involuntary 
    manslaughter or reckless homicide in which the
defendant 
    has been convicted of causing the death of more than one 
    individual; or

        (4) When a defendant is convicted of any felony 
    committed against:

            (i) a person under 12 years of age at the time of 
        the offense or such
person's property;

            (ii) a person 60 years of age or older at the time 
        of the offense or
such person's property; or

            (iii) a person physically handicapped at the time 
        of the offense or
such person's property; or

        (5) In the case of a defendant convicted of aggravated 
    criminal sexual
assault or criminal sexual assault, when 
    the court finds that
aggravated criminal sexual assault or 
    criminal sexual assault
was also committed on the same 
    victim by one or more other individuals,
and the defendant 
    voluntarily participated in the crime with the knowledge
of 
    the participation of the others in the crime, and the 
    commission of the
crime was part of a single course of 
    conduct during which there was no
substantial change in the 
    nature of the criminal objective; or

        (6) When a defendant is convicted of any felony and the 
    offense
involved any of the following types of specific 
    misconduct committed as
part of a ceremony, rite, 
    initiation, observance, performance, practice or
activity 
    of any actual or ostensible religious, fraternal, or social 
    group:

            (i) the brutalizing or torturing of humans or 
        animals;

            (ii) the theft of human corpses;

            (iii) the kidnapping of humans;

            (iv) the desecration of any cemetery, religious, 
        fraternal, business,
governmental, educational, or 
        other building or property; or

            (v) ritualized abuse of a child; or

        (7) When a defendant is convicted of first degree 
    murder, after having
been previously convicted in Illinois 
    of any offense listed under paragraph
(c)(2) of Section 
    5-5-3, when such conviction has occurred within 10 years

    after the previous conviction, excluding time spent in 
    custody,
and such charges are separately brought and tried 
    and arise out of
different series of acts; or

        (8) When a defendant is convicted of a felony other 
    than conspiracy and
the court finds that
the felony was 
    committed under an agreement with 2 or more other persons

    to commit that offense and the defendant, with respect to 
    the other
individuals, occupied a position of organizer, 
    supervisor, financier, or any
other position of management 
    or leadership, and the court further finds that
the felony 
    committed was related to or in furtherance of the criminal

    activities of an organized gang or was motivated by the 
    defendant's leadership
in an organized gang; or

        (9) When a defendant is convicted of a felony violation 
    of Section 24-1
of the Criminal Code of 1961 and the court 
    finds that the defendant is a member
of an organized gang; 
    or

        (10) When a defendant committed the offense using a 
    firearm with a
laser sight attached to it.  For purposes of 
    this paragraph (10), "laser sight"
has the meaning ascribed 
    to it in Section 24.6-5 of the Criminal Code of
1961; or

        (11) When a defendant who was at least 17 years of age 
    at the
time of
the commission of the offense is convicted 
    of a felony and has been previously
adjudicated a 
    delinquent minor under the Juvenile Court Act of 1987 for 
    an act
that if committed by an adult would be a Class X or 
    Class 1 felony when the
conviction has occurred within 10 
    years after the previous adjudication,
excluding time 
    spent in custody; or

        (12) When a defendant commits an offense involving the 
    illegal
manufacture of a controlled substance under 
    Section 401 of the Illinois
Controlled Substances Act, the 
    illegal manufacture of methamphetamine under Section 25 of 
    the Methamphetamine Control and Community Protection Act, 
    or the illegal possession of explosives and an
emergency 
    response
officer in
the performance of his or her duties is

    killed or injured at the scene of the offense while 
    responding to the
emergency caused by the commission of the 
    offense.
In this paragraph (12),
"emergency"  means a 
    situation in which a person's life, health, or safety is
in 
    jeopardy; and
"emergency response officer" means a peace 
    officer, community policing
volunteer, fireman, emergency 
    medical
technician-ambulance, emergency medical 
    technician-intermediate, emergency
medical 
    technician-paramedic, ambulance
driver, other medical 
    assistance or first aid personnel, or hospital emergency

    room personnel; or

        (13) When a defendant commits any felony and the 
    defendant used, possessed, exercised control over, or 
    otherwise directed an animal to assault a law enforcement 
    officer engaged in the execution of his or her official 
    duties or in furtherance of the criminal activities of an 
    organized gang in which the defendant is engaged.


    (b-1) For the purposes of this Section, "organized gang" 
has the meaning
ascribed to it in Section 10 of the Illinois 
Streetgang Terrorism Omnibus
Prevention Act.

    (c) The court may impose an extended term sentence under 
Section 5-8-2
upon any offender who was convicted of aggravated 
criminal sexual assault
or predatory criminal sexual assault of 
a child under subsection (a)(1) of
Section 12-14.1 of
the 
Criminal Code of 1961
where the victim was under 18 years of 
age at the time of the commission
of the offense.

    (d) The court may impose an extended term sentence under 
Section 5-8-2 upon
any offender who was convicted of unlawful 
use of weapons under Section 24-1 of
the Criminal Code of 1961 
for possessing a weapon that is not readily
distinguishable as 
one of the weapons enumerated in Section 24-1 of the
Criminal 
Code of 1961.

(Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, 
eff. 9-11-05; 94-819, eff. 5-31-06.)





Effective Date:  1/1/2009