| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-0041
Public Act 0041 96TH GENERAL ASSEMBLY
|
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.)
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Effective Date: 1/1/2010
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