|
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 11-0.1 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 |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a place |
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 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, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), 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, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), 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, the |
Specialized Mental Health Rehabilitation Act, or the ID/DD |
Community 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;
|
(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)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 and possessed 100 or |
more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context and specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.3 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context; or |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
|
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit; or . |
(28) the defendant committed the offense of assault, |
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that |
the defendant knew or reasonably should have known was a |
letter carrier or postal worker while that person was |
performing his or her duties delivering mail for the United |
States Postal Service. |
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, related to all felonies, 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 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
|
(4) 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
|
(5) 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
|
(6) When a defendant is convicted of an offense |
|
committed while using a firearm with a
laser sight attached |
to it. For purposes of this paragraph, "laser sight"
has |
the meaning ascribed to it in Section 24.6-5 of the |
Criminal Code of
1961; or
|
(7) 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
|
(8) 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.
|
(c) The following factors may be considered by the court as |
reasons to impose an extended term sentence under Section 5-8-2 |
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
(1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred |
within 10 years after the previous conviction, excluding |
|
time spent in custody, and the charges are separately |
brought and tried and arise out of different series of |
acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) 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. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding 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. |
(4) If the victim was under 18 years of age at the time |
|
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS |
5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony violation |
of Section 24-1 of the Criminal Code of 1961 (720 ILCS |
5/24-1) and there is a finding that the defendant is a |
member of an organized gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 |
(720 ILCS 5/24-1) 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 (720 ILCS |
5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), 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, "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.
|
(d) 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.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 12-13, 12-14, |
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the |
victim of the offense is under 18 years of age at the time of |
the commission of the offense and, during the commission of the |
offense, the victim was under the influence of alcohol, |
regardless of whether or not the alcohol was supplied by the |
offender; and the offender, at the time of the commission of |
the offense, knew or should have known that the victim had |
consumed alcohol. |
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, |
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. |
