HB1309 EngrossedLRB098 03409 MRW 33424 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 12-2 and 12-3.05 as follows:




6 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)


7 Sec. 12-2. Aggravated assault. 

8 (a) Offense based on location of conduct. A person commits 
9aggravated assault when he or she commits an assault against an 
10individual who is on or about a public way, public property, a 
11public place of accommodation or amusement, or a sports venue.
12 (b) Offense based on status of victim. A person commits 
13aggravated assault when, in committing an assault, he or she 
14knows the individual assaulted to be any of the following:
15  (1) A physically handicapped person or a person 60 
16 years of age or older and the assault is without legal 
17 justification.
18  (2) A teacher or school employee upon school grounds or 
19 grounds adjacent to a school or in any part of a building 
20 used for school purposes.
21  (3) A park district employee upon park grounds or 
22 grounds adjacent to a park or in any part of a building 
23 used for park purposes.
 
 
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1  (4) A peace officer, community policing volunteer, 
2 fireman, private security officer, emergency management 
3 worker, emergency medical technician, or utility worker:
4   (i) performing his or her official duties;
5   (ii) assaulted to prevent performance of his or her 
6 official duties; or
7   (iii) assaulted in retaliation for performing his 
8 or her official duties.
9  (5) A correctional officer or probation officer:
10   (i) performing his or her official duties;
11   (ii) assaulted to prevent performance of his or her 
12 official duties; or
13   (iii) assaulted in retaliation for performing his 
14 or her official duties.
15  (6) A correctional institution employee, a county 
16 juvenile detention center employee who provides direct and 
17 continuous supervision of residents of a juvenile 
18 detention center, including a county juvenile detention 
19 center employee who supervises recreational activity for 
20 residents of a juvenile detention center, or a Department 
21 of Human Services employee, Department of Human Services 
22 officer, or employee of a subcontractor of the Department 
23 of Human Services supervising or controlling sexually 
24 dangerous persons or sexually violent persons:
25   (i) performing his or her official duties;
26   (ii) assaulted to prevent performance of his or her 
 
 
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1 official duties; or
2   (iii) assaulted in retaliation for performing his 
3 or her official duties.
4  (7) An employee of the State of Illinois, a municipal 
5 corporation therein, or a political subdivision thereof, 
6 performing his or her official duties.
7  (8) A transit employee performing his or her official 
8 duties, or a transit passenger.
9  (9) A sports official or coach actively participating 
10 in any level of athletic competition within a sports venue, 
11 on an indoor playing field or outdoor playing field, or 
12 within the immediate vicinity of such a facility or field.
13  (10) A person authorized to serve process under Section 
14 2-202 of the Code of Civil Procedure or a special process 
15 server appointed by the circuit court, while that 
16 individual is in the performance of his or her duties as a 
17 process server. 
18 (c) Offense based on use of firearm, device, or motor 
19vehicle. A person commits aggravated assault when, in 
20committing an assault, he or she does any of the following:
21  (1) Uses a deadly weapon, an air rifle as defined in 
22 the Air Rifle Act, or any device manufactured and designed 
23 to be substantially similar in appearance to a firearm, 
24 other than by discharging a firearm.
25  (2) Discharges a firearm, other than from a motor 
26 vehicle.
 
 
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1  (3) Discharges a firearm from a motor vehicle.
2  (4) Wears a hood, robe, or mask to conceal his or her 
3 identity.
4  (5) Knowingly and without lawful justification shines 
5 or flashes a laser gun sight or other laser device attached 
6 to a firearm, or used in concert with a firearm, so that 
7 the laser beam strikes near or in the immediate vicinity of 
8 any person.
9  (6) Uses a firearm, other than by discharging the 
10 firearm, against a peace officer, community policing 
11 volunteer, fireman, private security officer, emergency 
12 management worker, emergency medical technician, employee 
13 of a police department, employee of a sheriff's department, 
14 or traffic control municipal employee:
15   (i) performing his or her official duties;
16   (ii) assaulted to prevent performance of his or her 
17 official duties; or
18   (iii) assaulted in retaliation for performing his 
19 or her official duties. 
20  (7) Without justification operates a motor vehicle in a 
21 manner which places a person, other than a person listed in 
22 subdivision (b)(4), in reasonable apprehension of being 
23 struck by the moving motor vehicle.
24  (8) Without justification operates a motor vehicle in a 
25 manner which places a person listed in subdivision (b)(4), 
26 in reasonable apprehension of being struck by the moving 
 
 
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1 motor vehicle. 
2  (9) Knowingly video or audio records the offense with 
3 the intent to disseminate the recording. 
4 (d) Sentence. Aggravated assault as defined in subdivision 
5(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
6(c)(1), or (c)(4) is a Class A misdemeanor, except that 
7aggravated assault as defined in subdivision (b)(4) and (b)(7) 
8is a Class 4 felony if a Category I, Category II, or Category 
9III weapon is used in the commission of the assault. Aggravated 
10assault as defined in subdivision (b)(5), (b)(6), (b)(10), 
11(c)(2), (c)(5), (c)(6), or (c)(7), or (c)(9) is a Class 4 
12felony. Aggravated assault as defined in subdivision (c)(3) or 
13(c)(8) is a Class 3 felony.
14 (e) For the purposes of this Section, "Category I weapon", 
15"Category II weapon, and "Category III weapon" have the 
16meanings ascribed to those terms in Section 33A-1 of this Code. 

17(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; 
1896-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. 
197-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. 
208-12-11; 97-1109, eff. 1-1-13.)



21 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



22 Sec. 12-3.05. Aggravated battery. 

23 (a) Offense based on injury. A person commits aggravated 
24battery when, in committing a battery, other than by the 
25discharge of a firearm, he or she knowingly does any of the 
 
 
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1following:
2  (1) Causes great bodily harm or permanent disability or 
3 disfigurement.
4  (2) Causes severe and permanent disability, great 
5 bodily harm, or disfigurement by means of a caustic or 
6 flammable substance, a poisonous gas, a deadly biological 
7 or chemical contaminant or agent, a radioactive substance, 
8 or a bomb or explosive compound.
9  (3) Causes great bodily harm or permanent disability or 
10 disfigurement to an individual whom the person knows to be 
11 a peace officer, community policing volunteer, fireman, 
12 private security officer, correctional institution 
13 employee, or Department of Human Services employee 
14 supervising or controlling sexually dangerous persons or 
15 sexually violent persons:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (4) Causes great bodily harm or permanent disability or 
22 disfigurement to an individual 60 years of age or older.
23  (5) Strangles another individual. 
24 (b) Offense based on injury to a child or intellectually 
25disabled person. A person who is at least 18 years of age 
26commits aggravated battery when, in committing a battery, he or 
 
 
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1she knowingly and without legal justification by any means:
2  (1) causes great bodily harm or permanent disability or 
3 disfigurement to any child under the age of 13 years, or to 
4 any severely or profoundly intellectually disabled person; 
5 or
6  (2) causes bodily harm or disability or disfigurement 
7 to any child under the age of 13 years or to any severely 
8 or profoundly intellectually disabled person. 
9 (c) Offense based on location of conduct. A person commits 
10aggravated battery when, in committing a battery, other than by 
11the discharge of a firearm, he or she is or the person battered 
12is on or about a public way, public property, a public place of 
13accommodation or amusement, a sports venue, or a domestic 
14violence shelter.
15 (d) Offense based on status of victim. A person commits 
16aggravated battery when, in committing a battery, other than by 
17discharge of a firearm, he or she knows the individual battered 
18to be any of the following:
19  (1) A person 60 years of age or older.
20  (2) A person who is pregnant or physically handicapped.
21  (3) A teacher or school employee upon school grounds or 
22 grounds adjacent to a school or in any part of a building 
23 used for school purposes.
24  (4) A peace officer, community policing volunteer, 
25 fireman, private security officer, correctional 
26 institution employee, or Department of Human Services 
 
 
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1 employee supervising or controlling sexually dangerous 
2 persons or sexually violent persons:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (5) A judge, emergency management worker, emergency 
9 medical technician, or utility worker:
10   (i) performing his or her official duties;
11   (ii) battered to prevent performance of his or her 
12 official duties; or
13   (iii) battered in retaliation for performing his 
14 or her official duties.
15  (6) An officer or employee of the State of Illinois, a 
16 unit of local government, or a school district, while 
17 performing his or her official duties.
18  (7) A transit employee performing his or her official 
19 duties, or a transit passenger.
20  (8) A taxi driver on duty.
21  (9) A merchant who detains the person for an alleged 
22 commission of retail theft under Section 16-26 of this Code 
23 and the person without legal justification by any means 
24 causes bodily harm to the merchant.
25  (10) A person authorized to serve process under Section 
26 2-202 of the Code of Civil Procedure or a special process 
 
 
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1 server appointed by the circuit court while that individual 
2 is in the performance of his or her duties as a process 
3 server.
4 (e) Offense based on use of a firearm. A person commits 
5aggravated battery when, in committing a battery, he or she 
6knowingly does any of the following:
7  (1) Discharges a firearm, other than a machine gun or a 
8 firearm equipped with a silencer, and causes any injury to 
9 another person.
10  (2) Discharges a firearm, other than a machine gun or a 
11 firearm equipped with a silencer, and causes any injury to 
12 a person he or she knows to be a peace officer, community 
13 policing volunteer, person summoned by a police officer, 
14 fireman, private security officer, correctional 
15 institution employee, or emergency management worker:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (3) Discharges a firearm, other than a machine gun or a 
22 firearm equipped with a silencer, and causes any injury to 
23 a person he or she knows to be an emergency medical 
24 technician employed by a municipality or other 
25 governmental unit:
26   (i) performing his or her official duties;
 
 
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1   (ii) battered to prevent performance of his or her 
2 official duties; or
3   (iii) battered in retaliation for performing his 
4 or her official duties.
5  (4) Discharges a firearm and causes any injury to a 
6 person he or she knows to be a teacher, a student in a 
7 school, or a school employee, and the teacher, student, or 
8 employee is upon school grounds or grounds adjacent to a 
9 school or in any part of a building used for school 
10 purposes.
11  (5) Discharges a machine gun or a firearm equipped with 
12 a silencer, and causes any injury to another person.
13  (6) Discharges a machine gun or a firearm equipped with 
14 a silencer, and causes any injury to a person he or she 
15 knows to be a peace officer, community policing volunteer, 
16 person summoned by a police officer, fireman, private 
17 security officer, correctional institution employee or 
18 emergency management worker:
19   (i) performing his or her official duties;
20   (ii) battered to prevent performance of his or her 
21 official duties; or
22   (iii) battered in retaliation for performing his 
23 or her official duties.
24  (7) Discharges a machine gun or a firearm equipped with 
25 a silencer, and causes any injury to a person he or she 
26 knows to be an emergency medical technician employed by a 
 
 
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1 municipality or other governmental unit:
2   (i) performing his or her official duties;
3   (ii) battered to prevent performance of his or her 
4 official duties; or
5   (iii) battered in retaliation for performing his 
6 or her official duties.
7  (8) Discharges a machine gun or a firearm equipped with 
8 a silencer, and causes any injury to a person he or she 
9 knows to be a teacher, or a student in a school, or a 
10 school employee, and the teacher, student, or employee is 
11 upon school grounds or grounds adjacent to a school or in 
12 any part of a building used for school purposes. 
13 (f) Offense based on use of a weapon or device. A person 
14commits aggravated battery when, in committing a battery, he or 
15she does any of the following:
16  (1) Uses a deadly weapon other than by discharge of a 
17 firearm, or uses an air rifle as defined in the Air Rifle

18 Act.
19  (2) Wears a hood, robe, or mask to conceal his or her 
20 identity.
21  (3) Knowingly and without lawful justification shines 
22 or flashes a laser gunsight or other laser device attached 
23 to a firearm, or used in concert with a firearm, so that 
24 the laser beam strikes upon or against the person of 
25 another.
26  (4) Knowingly video or audio records the offense with 
 
 
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1 the intent to disseminate the recording. 
2 (g) Offense based on certain conduct. A person commits 
3aggravated battery when, other than by discharge of a firearm, 
4he or she does any of the following:
5  (1) Violates Section 401 of the Illinois Controlled 
6 Substances Act by unlawfully delivering a controlled 
7 substance to another and any user experiences great bodily 
8 harm or permanent disability as a result of the injection, 
9 inhalation, or ingestion of any amount of the controlled 
10 substance.
11  (2) Knowingly administers to an individual or causes 
12 him or her to take, without his or her consent or by threat 
13 or deception, and for other than medical purposes, any 
14 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
15 or controlled substance, or gives to another person any 
16 food containing any substance or object intended to cause 
17 physical injury if eaten.
18  (3) Knowingly causes or attempts to cause a 
19 correctional institution employee or Department of Human 
20 Services employee to come into contact with blood, seminal 
21 fluid, urine, or feces by throwing, tossing, or expelling 
22 the fluid or material, and the person is an inmate of a 
23 penal institution or is a sexually dangerous person or 
24 sexually violent person in the custody of the Department of 
25 Human Services.
26 (h) Sentence. Unless otherwise provided, aggravated 
 
 
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1battery is a Class 3 felony.
2 Aggravated battery as defined in subdivision (a)(4), 
3(d)(4), or (g)(3) is a Class 2 felony.
4 Aggravated battery as defined in subdivision (a)(3) or 
5(g)(1) is a Class 1 felony.
6 Aggravated battery as defined in subdivision (a)(1) is a 
7Class 1 felony when the aggravated battery was intentional and 
8involved the infliction of torture, as defined in paragraph 
9(14) of subsection (b) of Section 9-1 of this Code, as the 
10infliction of or subjection to extreme physical pain, motivated 
11by an intent to increase or prolong the pain, suffering, or 
12agony of the victim. 
13 Aggravated battery under subdivision (a)(5) is a
Class 1 
14felony if:
15  (A) the person used or attempted to use a dangerous

16 instrument while committing the offense; or
17  (B) the person caused great bodily harm or
permanent 
18 disability or disfigurement to the other
person while 
19 committing the offense; or
20  (C) the person has been previously convicted of a

21 violation of subdivision (a)(5) under the laws of this

22 State or laws similar to subdivision (a)(5) of any other

23 state. 
24 Aggravated battery as defined in subdivision (e)(1) is a 
25Class X felony.
26 Aggravated battery as defined in subdivision (a)(2) is a 
 
 
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1Class X felony for which a person shall be sentenced to a term 
2of imprisonment of a minimum of 6 years and a maximum of 45 
3years.
4 Aggravated battery as defined in subdivision (e)(5) is a 
5Class X felony for which a person shall be sentenced to a term 
6of imprisonment of a minimum of 12 years and a maximum of 45 
7years.
8 Aggravated battery as defined in subdivision (e)(2), 
9(e)(3), or (e)(4) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 15 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (e)(6), 
13(e)(7), or (e)(8) is a Class X felony for which a person shall 
14be sentenced to a term of imprisonment of a minimum of 20 years 
15and a maximum of 60 years.
16 Aggravated battery as defined in subdivision (b)(1) is a 
17Class X felony, except that:
18  (1) if the person committed the offense while armed 
19 with a firearm, 15 years shall be added to the term of 
20 imprisonment imposed by the court;
21  (2) if, during the commission of the offense, the 
22 person personally discharged a firearm, 20 years shall be 
23 added to the term of imprisonment imposed by the court;
24  (3) if, during the commission of the offense, the 
25 person personally discharged a firearm that proximately 
26 caused great bodily harm, permanent disability, permanent 
 
 
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1 disfigurement, or death to another person, 25 years or up 
2 to a term of natural life shall be added to the term of 
3 imprisonment imposed by the court.
4 (i) Definitions. For the purposes of this Section:
5 "Building or other structure used to provide shelter" has 
6the meaning ascribed to "shelter" in Section 1 of the Domestic 
7Violence Shelters Act.
8 "Domestic violence" has the meaning ascribed to it in 
9Section 103 of the Illinois Domestic Violence Act of 1986.
10 "Domestic violence shelter" means any building or other 
11structure used to provide shelter or other services to victims 
12or to the dependent children of victims of domestic violence 
13pursuant to the Illinois Domestic Violence Act of 1986 or the 
14Domestic Violence Shelters Act, or any place within 500 feet of 
15such a building or other structure in the case of a person who 
16is going to or from such a building or other structure.
17 "Firearm" has the meaning provided under Section 1.1
of the 
18Firearm Owners Identification Card Act, and does
not include an 
19air rifle as defined by Section 24.8-0.1 1 of this Code the Air

20Rifle Act. 
21 "Machine gun" has the meaning ascribed to it in Section 
2224-1 of this Code.
23 "Merchant" has the meaning ascribed to it in Section 16-0.1 
24of this Code. 
25 "Strangle" means
intentionally impeding the normal 
26breathing or circulation of the blood of an individual by 
 
 
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1applying pressure on the throat
or neck of that individual or 
2by blocking the nose or mouth of
that individual. 

3(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; 
496-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. 
51-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, 
6and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)


7 Section 10. The Unified Code of Corrections is amended by 
8changing Section 5-5-3.2 as follows:



9 (730 ILCS 5/5-5-3.2)


10 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 
11Sentencing. 

12 (a) The following factors shall be accorded weight in favor 
13of
imposing a term of imprisonment or may be considered by the 
14court as reasons
to impose a more severe sentence under Section 
155-8-1 or Article 4.5 of Chapter V:

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

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

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

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

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

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

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

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

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

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

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

6 place used primarily for religious worship;

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

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

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

19  (14) the defendant held a position of trust or 
20 supervision such as, but
not limited to, family member as 
21 defined in Section 11-0.1 of the Criminal Code
of 2012 
22 1961, teacher, scout leader, baby sitter, or day care 
23 worker, in
relation to a victim under 18 years of age, and 
24 the defendant committed an
offense in violation of Section 
25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
26 11-14.4 except for an offense that involves keeping a place 
 
 
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1 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

2 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
3 or 12-16 of the Criminal Code of 1961
or the Criminal Code 
4 of 2012 against
that victim;

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

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

14 students to or from school or a school related activity; on 
15 the real property
of a school; or on a public way within 
16 1,000 feet of the real property
comprising any school: 
17 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
18 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

19 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
20 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
21 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
22 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
23 Criminal Code of 2012;

24  (16.5) the defendant committed an offense in violation 
25 of one of the
following Sections while in a day care 
26 center, regardless of the time of day or
time of year; on 
 
 
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1 the real property of a day care center, regardless of the 
2 time
of day or time of year; or on a public
way within 
3 1,000 feet of the real property comprising any day care 
4 center,
regardless of the time of day or time of year:

5 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
6 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
7 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
8 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
9 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
10 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
11 Criminal Code of 2012;

12  (17) the defendant committed the offense by reason of 
13 any person's
activity as a community policing volunteer or 
14 to prevent any person from
engaging in activity as a 
15 community policing volunteer. For the purpose of
this 
16 Section, "community policing volunteer" has the meaning 
17 ascribed to it in
Section 2-3.5 of the Criminal Code of 
18 2012 1961;

19  (18) the defendant committed the offense in a nursing 
20 home or on the
real
property comprising a nursing home. For 
21 the purposes of this paragraph (18),
"nursing home" means a 
22 skilled nursing
or intermediate long term care facility 
23 that is subject to license by the
Illinois Department of 
24 Public Health under the Nursing Home Care
Act, the 
25 Specialized Mental Health Rehabilitation Act, or the ID/DD 
26 Community Care Act;

 
 
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1  (19) the defendant was a federally licensed firearm 
2 dealer
and
was
previously convicted of a violation of 
3 subsection (a) of Section 3 of the
Firearm Owners 
4 Identification Card Act and has now committed either a 
5 felony
violation
of the Firearm Owners Identification Card 
6 Act or an act of armed violence while
armed
with a firearm;
7  (20) the defendant (i) committed the offense of 
8 reckless homicide under Section 9-3 of the Criminal Code of 
9 1961 or the Criminal Code of 2012 or the offense of driving 
10 under the influence of alcohol, other drug or
drugs, 
11 intoxicating compound or compounds or any combination 
12 thereof under Section 11-501 of the Illinois Vehicle Code 
13 or a similar provision of a local ordinance and (ii) was 
14 operating a motor vehicle in excess of 20 miles per hour 
15 over the posted speed limit as provided in Article VI of 
16 Chapter 11 of the Illinois Vehicle Code;


17  (21) the defendant (i) committed the offense of 
18 reckless driving or aggravated reckless driving under 
19 Section 11-503 of the Illinois Vehicle Code and (ii) was 
20 operating a motor vehicle in excess of 20 miles per hour 
21 over the posted speed limit as provided in Article VI of 
22 Chapter 11 of the Illinois Vehicle Code;
23  (22) the defendant committed the offense against a 
24 person that the defendant knew, or reasonably should have 
25 known, was a member of the Armed Forces of the United 
26 States serving on active duty. For purposes of this clause 
 
 
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1 (22), the term "Armed Forces" means any of the Armed Forces 
2 of the United States, including a member of any reserve 
3 component thereof or National Guard unit called to active 
4 duty;

5  (23)
the defendant committed the offense against a 
6 person who was elderly, disabled, or infirm by taking 
7 advantage of a family or fiduciary relationship with the 
8 elderly, disabled, or infirm person;

9  (24)
the defendant committed any offense under Section 
10 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
11 of 2012 and possessed 100 or more images;

12  (25) the defendant committed the offense while the 
13 defendant or the victim was in a train, bus, or other 
14 vehicle used for public transportation;
15  (26) the defendant committed the offense of child 
16 pornography or aggravated child pornography, specifically 
17 including paragraph (1), (2), (3), (4), (5), or (7) of 
18 subsection (a) of Section 11-20.1 of the Criminal Code of 
19 1961 or the Criminal Code of 2012 where a child engaged in, 
20 solicited for, depicted in, or posed in any act of sexual 
21 penetration or bound, fettered, or subject to sadistic, 
22 masochistic, or sadomasochistic abuse in a sexual context 
23 and specifically including paragraph (1), (2), (3), (4), 
24 (5), or (7) of subsection (a) of Section 11-20.1B or 
25 Section 11-20.3 of the Criminal Code of 1961 where a child 
26 engaged in, solicited for, depicted in, or posed in any act 
 
 
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1 of sexual penetration or bound, fettered, or subject to 
2 sadistic, masochistic, or sadomasochistic abuse in a 
3 sexual context;
4  (27) the defendant committed the offense of first 
5 degree murder, assault, aggravated assault, battery, 
6 aggravated battery, robbery, armed robbery, or aggravated 
7 robbery against a person who was a veteran and the 
8 defendant knew, or reasonably should have known, that the 
9 person was a veteran performing duties as a representative 
10 of a veterans' organization. For the purposes of this 
11 paragraph (27), "veteran" means an Illinois resident who 
12 has served as a member of the United States Armed Forces, a 
13 member of the Illinois National Guard, or a member of the 
14 United States Reserve Forces; and "veterans' organization" 
15 means an organization comprised of members of
which 
16 substantially all are individuals who are veterans or 
17 spouses,
widows, or widowers of veterans, the primary 
18 purpose of which is to
promote the welfare of its members 
19 and to provide assistance to the general
public in such a 
20 way as to confer a public benefit; or 
21  (28) the defendant committed the offense of assault, 
22 aggravated assault, battery, aggravated battery, robbery, 
23 armed robbery, or aggravated robbery against a person that 
24 the defendant knew or reasonably should have known was a 
25 letter carrier or postal worker while that person was 
26 performing his or her duties delivering mail for the United 
 
 
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1 States Postal Service. 
2 For the purposes of this Section:

3 "School" is defined as a public or private
elementary or 
4secondary school, community college, college, or university.

5 "Day care center" means a public or private State certified 
6and
licensed day care center as defined in Section 2.09 of the 
7Child Care Act of
1969 that displays a sign in plain view 
8stating that the
property is a day care center.

9 "Public transportation" means the transportation
or 
10conveyance of persons by means available to the general public, 
11and includes paratransit services.
12 (b) The following factors, related to all felonies, may be 
13considered by the court as
reasons to impose an extended term 
14sentence under Section 5-8-2
upon any offender:

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

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

26  (3) When a defendant is convicted of any felony 
 
 
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1 committed against:

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

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

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

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

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

16   (ii) the theft of human corpses;

17   (iii) the kidnapping of humans;

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

21   (v) ritualized abuse of a child; or

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

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

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

6  (6) When a defendant is convicted of an offense 
7 committed while using a firearm with a
laser sight attached 
8 to it. For purposes of this paragraph, "laser sight"
has 
9 the meaning ascribed to it in Section 26-7 of the Criminal 
10 Code of
2012 1961; or

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

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


25  (9) When a defendant commits any felony and the 
26 defendant knowingly video or audio records the offense with 
 
 
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1 the intent to disseminate the recording. 
2 (c) The following factors may be considered by the court as 
3reasons to impose an extended term sentence under Section 5-8-2 
4(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
5  (1) When a defendant is convicted of first degree 
6 murder, after having been previously convicted in Illinois 
7 of any offense listed under paragraph (c)(2) of Section 
8 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
9 within 10 years after the previous conviction, excluding 
10 time spent in custody, and the charges are separately 
11 brought and tried and arise out of different series of 
12 acts.
13  (1.5) When a defendant is convicted of first degree 
14 murder, after having been previously convicted of domestic 
15 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
16 (720 ILCS 5/12-3.3) committed on the same victim or after 
17 having been previously convicted of violation of an order 
18 of protection (720 ILCS 5/12-30) in which the same victim 
19 was the protected person. 
20  (2) When a defendant is convicted of voluntary 
21 manslaughter, second degree murder, involuntary 
22 manslaughter, or reckless homicide in which the defendant 
23 has been convicted of causing the death of more than one 
24 individual.
25  (3) When a defendant is convicted of aggravated 
26 criminal sexual assault or criminal sexual assault, when 
 
 
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1 there is a finding that aggravated criminal sexual assault 
2 or criminal sexual assault was also committed on the same 
3 victim by one or more other individuals, and the defendant 
4 voluntarily participated in the crime with the knowledge of 
5 the participation of the others in the crime, and the 
6 commission of the crime was part of a single course of 
7 conduct during which there was no substantial change in the 
8 nature of the criminal objective.
9  (4) If the victim was under 18 years of age at the time 
10 of the commission of the offense, when a defendant is 
11 convicted of aggravated criminal sexual assault or 
12 predatory criminal sexual assault of a child under 
13 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
14 of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS 
15 5/11-1.40 or 5/12-14.1).
16  (5) When a defendant is convicted of a felony violation 
17 of Section 24-1 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
19 finding that the defendant is a member of an organized 
20 gang.
21  (6) When a defendant was convicted of unlawful use of 
22 weapons under Section 24-1 of the Criminal Code of 1961 or 
23 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
24 a weapon that is not readily distinguishable as one of the 
25 weapons enumerated in Section 24-1 of the Criminal Code of 
26 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
 
 
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1  (7) When a defendant is convicted of an offense 
2 involving the illegal manufacture of a controlled 
3 substance under Section 401 of the Illinois Controlled 
4 Substances Act (720 ILCS 570/401), the illegal manufacture 
5 of methamphetamine under Section 25 of the Methamphetamine 
6 Control and Community Protection Act (720 ILCS 646/25), or 
7 the illegal possession of explosives and an emergency 
8 response officer in the performance of his or her duties is 
9 killed or injured at the scene of the offense while 
10 responding to the emergency caused by the commission of the 
11 offense. In this paragraph, "emergency" means a situation 
12 in which a person's life, health, or safety is in jeopardy; 
13 and "emergency response officer" means a peace officer, 
14 community policing volunteer, fireman, emergency medical 
15 technician-ambulance, emergency medical 
16 technician-intermediate, emergency medical 
17 technician-paramedic, ambulance driver, other medical 
18 assistance or first aid personnel, or hospital emergency 
19 room personnel.

20 (d) For the purposes of this Section, "organized gang" has 
21the meaning
ascribed to it in Section 10 of the Illinois 
22Streetgang Terrorism Omnibus
Prevention Act.

23 (e) The court may impose an extended term sentence under 
24Article 4.5 of Chapter V upon an offender who has been 
25convicted of a felony violation of Section 11-1.20, 11-1.30, 
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
 
 
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112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
2when the victim of the offense is under 18 years of age at the 
3time of the commission of the offense and, during the 
4commission of the offense, the victim was under the influence 
5of alcohol, regardless of whether or not the alcohol was 
6supplied by the offender; and the offender, at the time of the 
7commission of the offense, knew or should have known that the 
8victim had consumed alcohol. 
9(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, 
10eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 
1196-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 
121-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, 
13Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 
1497-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 
1597-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.)