Public Act 096-0041
 
HB0867 Enrolled LRB096 04169 RLC 18839 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 changing
Sections 12-4.2 and 24-1 as follows:
 
    (720 ILCS 5/12-4.2)  (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2. Aggravated Battery with a firearm.
    (a) A person commits aggravated battery with a firearm when
he, in committing a battery, knowingly or intentionally by
means of the discharging of a firearm (1) causes any injury to
another person, or (2) causes any injury to a person he knows
to be a peace officer, a private security officer, a community
policing volunteer, a correctional institution employee or a
fireman while the officer, volunteer, employee or fireman is
engaged in the execution of any of his official duties, or to
prevent the officer, volunteer, employee or fireman from
performing his official duties, or in retaliation for the
officer, volunteer, employee or fireman performing his
official duties, or (3) causes any injury to a person he knows
to be an emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality
or other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel from performing
his official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel performing his official duties, (4) causes any injury
to a person he or she knows to be a teacher or other person
employed in a school or a student in a school and the teacher
or other employee or student is upon grounds of a school or
grounds adjacent to a school, or is in any part of a building
used for school purposes, or (5) causes any injury to a person
he or she knows to be an emergency management worker while the
emergency management worker is engaged in the execution of any
of his or her official duties, or to prevent the emergency
management worker from performing his or her official duties,
or in retaliation for the emergency management worker
performing his or her official duties.
    (b) A violation of subsection (a)(1) of this Section is a
Class X felony. A violation of subsection (a)(2), subsection
(a)(3), subsection (a)(4), or subsection (a)(5) of this Section
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 15 years and no more than 60
years.
    (c) For purposes of this Section:
        "Firearm" is defined as in the Firearm Owners
    Identification Card Act.
        "Private security officer" means a registered employee
    of a private security contractor agency under the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08; revised
1-22-08.)
 
    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons
when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    carries any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles or other knuckle weapon
    regardless of its composition, throwing star, or any knife,
    commonly referred to as a switchblade knife, which has a
    blade that opens automatically by hand pressure applied to
    a button, spring or other device in the handle of the
    knife, or a ballistic knife, which is a device that propels
    a knifelike blade as a projectile by means of a coil
    spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    unlawfully against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or other
    piece of glass, stun gun or taser or any other dangerous or
    deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle, a
    tear gas gun projector or bomb or any object containing
    noxious liquid gas or substance, other than an object
    containing a non-lethal noxious liquid gas or substance
    designed solely for personal defense carried by a person 18
    years of age or older; or
        (4) Carries or possesses in any vehicle or concealed on
    or about his person except when on his land or in his own
    abode or fixed place of business any pistol, revolver, stun
    gun or taser or other firearm, except that this subsection
    (a) (4) does not apply to or affect transportation of
    weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    designed, used or intended for use in silencing the report
    of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    carries:
            (i) a machine gun, which shall be defined for the
        purposes of this subsection as any weapon, which
        shoots, is designed to shoot, or can be readily
        restored to shoot, automatically more than one shot
        without manually reloading by a single function of the
        trigger, including the frame or receiver of any such
        weapon, or sells, manufactures, purchases, possesses,
        or carries any combination of parts designed or
        intended for use in converting any weapon into a
        machine gun, or any combination or parts from which a
        machine gun can be assembled if such parts are in the
        possession or under the control of a person;
            (ii) any rifle having one or more barrels less than
        16 inches in length or a shotgun having one or more
        barrels less than 18 inches in length or any weapon
        made from a rifle or shotgun, whether by alteration,
        modification, or otherwise, if such a weapon as
        modified has an overall length of less than 26 inches;
        or
            (iii) any bomb, bomb-shell, grenade, bottle or
        other container containing an explosive substance of
        over one-quarter ounce for like purposes, such as, but
        not limited to, black powder bombs and Molotov
        cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or taser
    or other deadly weapon in any place which is licensed to
    sell intoxicating beverages, or at any public gathering
    held pursuant to a license issued by any governmental body
    or any public gathering at which an admission is charged,
    excluding a place where a showing, demonstration or lecture
    involving the exhibition of unloaded firearms is
    conducted.
        This subsection (a)(8) does not apply to any auction or
    raffle of a firearm held pursuant to a license or permit
    issued by a governmental body, nor does it apply to persons
    engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    his person any pistol, revolver, stun gun or taser or
    firearm or ballistic knife, when he is hooded, robed or
    masked in such manner as to conceal his identity; or
        (10) Carries or possesses on or about his person, upon
    any public street, alley, or other public lands within the
    corporate limits of a city, village or incorporated town,
    except when an invitee thereon or therein, for the purpose
    of the display of such weapon or the lawful commerce in
    weapons, or except when on his land or in his own abode or
    fixed place of business, any pistol, revolver, stun gun or
    taser or other firearm, except that this subsection (a)
    (10) does not apply to or affect transportation of weapons
    that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card.
        A "stun gun or taser", as used in this paragraph (a)
    means (i) any device which is powered by electrical
    charging units, such as, batteries, and which fires one or
    several barbs attached to a length of wire and which, upon
    hitting a human, can send out a current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning or (ii) any
    device which is powered by electrical charging units, such
    as batteries, and which, upon contact with a human or
    clothing worn by a human, can send out current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning; or
        (11) Sells, manufactures or purchases any explosive
    bullet. For purposes of this paragraph (a) "explosive
    bullet" means the projectile portion of an ammunition
    cartridge which contains or carries an explosive charge
    which will explode upon contact with the flesh of a human
    or an animal. "Cartridge" means a tubular metal case having
    a projectile affixed at the front thereof and a cap or
    primer at the rear end thereof, with the propellant
    contained in such tube between the projectile and the cap;
    or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her person
    while in a building occupied by a unit of government, a
    billy club, other weapon of like character, or other
    instrument of like character intended for use as a weapon.
    For the purposes of this Section, "billy club" means a
    short stick or club commonly carried by police officers
    which is either telescopic or constructed of a solid piece
    of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. The possession of each weapon in violation of this
Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time of day or
    the time of year, in residential property owned, operated
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on the real
    property comprising any school, regardless of the time of
    day or the time of year, on residential property owned,
    operated or managed by a public housing agency or leased by
    a public housing agency as part of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on the real property comprising any
    courthouse, in any conveyance owned, leased or contracted
    by a school to transport students to or from school or a
    school related activity, in any conveyance owned, leased,
    or contracted by a public transportation agency, or on any
    public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, public
    transportation facility, or residential property owned,
    operated, or managed by a public housing agency or leased
    by a public housing agency as part of a scattered site or
    mixed-income development commits a Class 2 felony and shall
    be sentenced to a term of imprisonment of not less than 3
    years and not more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated, or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated or managed by a public
    housing agency or leased by a public housing agency as part
    of a scattered site or mixed-income development, on the
    real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 4 felony. "Courthouse" means any building
    that is used by the Circuit, Appellate, or Supreme Court of
    this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    (c) shall not apply to law enforcement officers or security
    officers of such school, college, or university or to
    students carrying or possessing firearms for use in
    training courses, parades, hunting, target shooting on
    school ranges, or otherwise with the consent of school
    authorities and which firearms are transported unloaded
    enclosed in a suitable case, box, or transportation
    package.
        (4) For the purposes of this subsection (c), "school"
    means any public or private elementary or secondary school,
    community college, college, or university.
        (5) For the purposes of this subsection (c), "public
    transportation agency" means a public or private agency
    that provides for the transportation or conveyance of
    persons by means available to the general public, except
    for transportation by automobiles not used for conveyance
    of the general public as passengers; and "public
    transportation facility" means a terminal or other place
    where one may obtain public transportation.
    (d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
    (e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
9-5-08.)
 
    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;
        (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;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty; or
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person; .
        (24) (22) the defendant committed any offense under
    Section 11-20.1 of the Criminal Code of 1961 and possessed
    100 or more images; or .
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation.
    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.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (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.
    (e) The court may impose an extended term sentence under
Section 5-8-2 upon an offender who has been convicted of first
degree murder when the offender has previously been convicted
of domestic battery or aggravated domestic battery committed
against the murdered individual or has previously been
convicted of violation of an order of protection in which the
murdered individual was the protected person.
(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; 95-85, eff. 1-1-08; 95-362,
eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942,
eff. 1-1-09; revised 9-23-08.)

Effective Date: 1/1/2010