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| 1 | | offense,
and the offense related to the conduct of that |
| 2 | | office;
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| 3 | | (6) the defendant utilized his professional reputation |
| 4 | | or
position in the community to commit the offense, or to |
| 5 | | afford
him an easier means of committing it;
|
| 6 | | (7) the sentence is necessary to deter others from |
| 7 | | committing
the same crime;
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| 8 | | (8) the defendant committed the offense against a |
| 9 | | person 60 years of age
or older or such person's property;
|
| 10 | | (9) the defendant committed the offense against a |
| 11 | | person who has a physical disability or such person's |
| 12 | | property;
|
| 13 | | (10) by reason of another individual's actual or |
| 14 | | perceived race, color,
creed, religion, ancestry, gender, |
| 15 | | sexual orientation, physical or mental
disability, or |
| 16 | | national origin, the defendant committed the offense |
| 17 | | against (i)
the person or property
of that individual; (ii) |
| 18 | | the person or property of a person who has an
association |
| 19 | | with, is married to, or has a friendship with the other |
| 20 | | individual;
or (iii) the person or property of a relative |
| 21 | | (by blood or marriage) of a
person described in clause (i) |
| 22 | | or (ii). For the purposes of this Section,
"sexual |
| 23 | | orientation" has the meaning ascribed to it in paragraph |
| 24 | | (O-1) of Section 1-103 of the Illinois Human Rights Act;
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| 25 | | (11) the offense took place in a place of worship or on |
| 26 | | the
grounds of a place of worship, immediately prior to, |
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| 1 | | during or immediately
following worship services. For |
| 2 | | purposes of this subparagraph, "place of
worship" shall |
| 3 | | mean any church, synagogue or other building, structure or
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| 4 | | place used primarily for religious worship;
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| 5 | | (12) the defendant was convicted of a felony committed |
| 6 | | while he was
released on bail or his own recognizance |
| 7 | | pending trial for a prior felony
and was convicted of such |
| 8 | | prior felony, or the defendant was convicted of a
felony |
| 9 | | committed while he was serving a period of probation,
|
| 10 | | conditional discharge, or mandatory supervised release |
| 11 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
| 12 | | (13) the defendant committed or attempted to commit a |
| 13 | | felony while he
was wearing a bulletproof vest. For the |
| 14 | | purposes of this paragraph (13), a
bulletproof vest is any |
| 15 | | device which is designed for the purpose of
protecting the |
| 16 | | wearer from bullets, shot or other lethal projectiles;
|
| 17 | | (14) the defendant held a position of trust or |
| 18 | | supervision such as, but
not limited to, family member as |
| 19 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
| 20 | | teacher, scout leader, baby sitter, or day care worker, in
|
| 21 | | relation to a victim under 18 years of age, and the |
| 22 | | defendant committed an
offense in violation of Section |
| 23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
| 24 | | 11-14.4 except for an offense that involves keeping a place |
| 25 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
| 26 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
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| 1 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
| 2 | | of 2012
against
that victim;
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| 3 | | (15) the defendant committed an offense related to the |
| 4 | | activities of an
organized gang. For the purposes of this |
| 5 | | factor, "organized gang" has the
meaning ascribed to it in |
| 6 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
| 7 | | Act;
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| 8 | | (16) the defendant committed an offense in violation of |
| 9 | | one of the
following Sections while in a school, regardless |
| 10 | | of the time of day or time of
year; on any conveyance |
| 11 | | owned, leased, or contracted by a school to transport
|
| 12 | | students to or from school or a school related activity; on |
| 13 | | the real property
of a school; or on a public way within |
| 14 | | 1,000 feet of the real property
comprising any school: |
| 15 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| 16 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
|
| 17 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
| 18 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
| 19 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
| 20 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the |
| 21 | | Criminal Code of 2012;
|
| 22 | | (16.5) the defendant committed an offense in violation |
| 23 | | of one of the
following Sections while in a day care |
| 24 | | center, regardless of the time of day or
time of year; on |
| 25 | | the real property of a day care center, regardless of the |
| 26 | | time
of day or time of year; or on a public
way within |
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| 1 | | 1,000 feet of the real property comprising any day care |
| 2 | | center,
regardless of the time of day or time of year:
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| 3 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| 4 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
| 5 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
| 6 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
| 7 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
| 8 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
| 9 | | Criminal Code of 2012;
|
| 10 | | (17) the defendant committed the offense by reason of |
| 11 | | any person's
activity as a community policing volunteer or |
| 12 | | to prevent any person from
engaging in activity as a |
| 13 | | community policing volunteer. For the purpose of
this |
| 14 | | Section, "community policing volunteer" has the meaning |
| 15 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
| 16 | | 2012;
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| 17 | | (18) the defendant committed the offense in a nursing |
| 18 | | home or on the
real
property comprising a nursing home. For |
| 19 | | the purposes of this paragraph (18),
"nursing home" means a |
| 20 | | skilled nursing
or intermediate long term care facility |
| 21 | | that is subject to license by the
Illinois Department of |
| 22 | | Public Health under the Nursing Home Care
Act, the |
| 23 | | Specialized Mental Health Rehabilitation Act of 2013, the |
| 24 | | ID/DD Community Care Act, or the MC/DD Act;
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| 25 | | (19) the defendant was a federally licensed firearm |
| 26 | | dealer
and
was
previously convicted of a violation of |
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| 1 | | subsection (a) of Section 3 of the
Firearm Owners |
| 2 | | Identification Card Act and has now committed either a |
| 3 | | felony
violation
of the Firearm Owners Identification Card |
| 4 | | Act or an act of armed violence while
armed
with a firearm; |
| 5 | | (20) the defendant (i) committed the offense of |
| 6 | | reckless homicide under Section 9-3 of the Criminal Code of |
| 7 | | 1961 or the Criminal Code of 2012 or the offense of driving |
| 8 | | under the influence of alcohol, other drug or
drugs, |
| 9 | | intoxicating compound or compounds or any combination |
| 10 | | thereof under Section 11-501 of the Illinois Vehicle Code |
| 11 | | or a similar provision of a local ordinance and (ii) was |
| 12 | | operating a motor vehicle in excess of 20 miles per hour |
| 13 | | over the posted speed limit as provided in Article VI of |
| 14 | | Chapter 11 of the Illinois Vehicle Code;
|
| 15 | | (21) the defendant (i) committed the offense of |
| 16 | | reckless driving or aggravated reckless driving under |
| 17 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
| 18 | | operating a motor vehicle in excess of 20 miles per hour |
| 19 | | over the posted speed limit as provided in Article VI of |
| 20 | | Chapter 11 of the Illinois Vehicle Code; |
| 21 | | (22) the defendant committed the offense against a |
| 22 | | person that the defendant knew, or reasonably should have |
| 23 | | known, was a member of the Armed Forces of the United |
| 24 | | States serving on active duty. For purposes of this clause |
| 25 | | (22), the term "Armed Forces" means any of the Armed Forces |
| 26 | | of the United States, including a member of any reserve |
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| 1 | | component thereof or National Guard unit called to active |
| 2 | | duty;
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| 3 | | (23)
the defendant committed the offense against a |
| 4 | | person who was elderly or infirm or who was a person with a |
| 5 | | disability by taking advantage of a family or fiduciary |
| 6 | | relationship with the elderly or infirm person or person |
| 7 | | with a disability;
|
| 8 | | (24)
the defendant committed any offense under Section |
| 9 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
| 10 | | of 2012 and possessed 100 or more images;
|
| 11 | | (25) the defendant committed the offense while the |
| 12 | | defendant or the victim was in a train, bus, or other |
| 13 | | vehicle used for public transportation; |
| 14 | | (26) the defendant committed the offense of child |
| 15 | | pornography or aggravated child pornography, specifically |
| 16 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
| 17 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
| 18 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
| 19 | | solicited for, depicted in, or posed in any act of sexual |
| 20 | | penetration or bound, fettered, or subject to sadistic, |
| 21 | | masochistic, or sadomasochistic abuse in a sexual context |
| 22 | | and specifically including paragraph (1), (2), (3), (4), |
| 23 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
| 24 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
| 25 | | engaged in, solicited for, depicted in, or posed in any act |
| 26 | | of sexual penetration or bound, fettered, or subject to |
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| 1 | | sadistic, masochistic, or sadomasochistic abuse in a |
| 2 | | sexual context; |
| 3 | | (27) the defendant committed the offense of first |
| 4 | | degree murder, assault, aggravated assault, battery, |
| 5 | | aggravated battery, robbery, armed robbery, or aggravated |
| 6 | | robbery against a person who was a veteran and the |
| 7 | | defendant knew, or reasonably should have known, that the |
| 8 | | person was a veteran performing duties as a representative |
| 9 | | of a veterans' organization. For the purposes of this |
| 10 | | paragraph (27), "veteran" means an Illinois resident who |
| 11 | | has served as a member of the United States Armed Forces, a |
| 12 | | member of the Illinois National Guard, or a member of the |
| 13 | | United States Reserve Forces; and "veterans' organization" |
| 14 | | means an organization comprised of members of
which |
| 15 | | substantially all are individuals who are veterans or |
| 16 | | spouses,
widows, or widowers of veterans, the primary |
| 17 | | purpose of which is to
promote the welfare of its members |
| 18 | | and to provide assistance to the general
public in such a |
| 19 | | way as to confer a public benefit; |
| 20 | | (28) the defendant committed the offense of assault, |
| 21 | | aggravated assault, battery, aggravated battery, robbery, |
| 22 | | armed robbery, or aggravated robbery against a person that |
| 23 | | the defendant knew or reasonably should have known was a |
| 24 | | letter carrier or postal worker while that person was |
| 25 | | performing his or her duties delivering mail for the United |
| 26 | | States Postal Service; |
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| 1 | | (29) the defendant committed the offense of criminal |
| 2 | | sexual assault, aggravated criminal sexual assault, |
| 3 | | criminal sexual abuse, or aggravated criminal sexual abuse |
| 4 | | against a victim with an intellectual disability, and the |
| 5 | | defendant holds a position of trust, authority, or |
| 6 | | supervision in relation to the victim; |
| 7 | | (30) the defendant committed the offense of promoting |
| 8 | | juvenile prostitution, patronizing a prostitute, or |
| 9 | | patronizing a minor engaged in prostitution and at the time |
| 10 | | of the commission of the offense knew that the prostitute |
| 11 | | or minor engaged in prostitution was in the custody or |
| 12 | | guardianship of the Department of Children and Family |
| 13 | | Services; or |
| 14 | | (31) the defendant (i) committed the offense of driving |
| 15 | | while under the influence of alcohol, other drug or drugs, |
| 16 | | intoxicating compound or compounds or any combination |
| 17 | | thereof in violation of Section 11-501 of the Illinois |
| 18 | | Vehicle Code or a similar provision of a local ordinance |
| 19 | | and (ii) the defendant during the commission of the offense |
| 20 | | was driving his or her vehicle upon a roadway designated |
| 21 | | for one-way traffic in the opposite direction of the |
| 22 | | direction indicated by official traffic control devices; |
| 23 | | or . |
| 24 | | (32) the defendant was found guilty of an |
| 25 | | administrative infraction related to an act or acts of |
| 26 | | public indecency or sexual misconduct in the penal |
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| 1 | | institution. In this paragraph (32), "penal institution" |
| 2 | | has the same meaning as in Section 2-14 of the Criminal |
| 3 | | Code of 2012. |
| 4 | | For the purposes of this Section:
|
| 5 | | "School" is defined as a public or private
elementary or |
| 6 | | secondary school, community college, college, or university.
|
| 7 | | "Day care center" means a public or private State certified |
| 8 | | and
licensed day care center as defined in Section 2.09 of the |
| 9 | | Child Care Act of
1969 that displays a sign in plain view |
| 10 | | stating that the
property is a day care center.
|
| 11 | | "Intellectual disability" means significantly subaverage |
| 12 | | intellectual functioning which exists concurrently
with |
| 13 | | impairment in adaptive behavior. |
| 14 | | "Public transportation" means the transportation
or |
| 15 | | conveyance of persons by means available to the general public, |
| 16 | | and includes paratransit services. |
| 17 | | "Traffic control devices" means all signs, signals, |
| 18 | | markings, and devices that conform to the Illinois Manual on |
| 19 | | Uniform Traffic Control Devices, placed or erected by authority |
| 20 | | of a public body or official having jurisdiction, for the |
| 21 | | purpose of regulating, warning, or guiding traffic. |
| 22 | | (b) The following factors, related to all felonies, may be |
| 23 | | considered by the court as
reasons to impose an extended term |
| 24 | | sentence under Section 5-8-2
upon any offender:
|
| 25 | | (1) When a defendant is convicted of any felony, after |
| 26 | | having
been previously convicted in Illinois or any other |
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| 1 | | jurisdiction of the
same or similar class felony or greater |
| 2 | | class felony, when such conviction
has occurred within 10 |
| 3 | | years after the
previous conviction, excluding time spent |
| 4 | | in custody, and such charges are
separately brought and |
| 5 | | tried and arise out of different series of acts; or
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| 6 | | (2) When a defendant is convicted of any felony and the |
| 7 | | court
finds that the offense was accompanied by |
| 8 | | exceptionally brutal
or heinous behavior indicative of |
| 9 | | wanton cruelty; or
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| 10 | | (3) When a defendant is convicted of any felony |
| 11 | | committed against:
|
| 12 | | (i) a person under 12 years of age at the time of |
| 13 | | the offense or such
person's property;
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| 14 | | (ii) a person 60 years of age or older at the time |
| 15 | | of the offense or
such person's property; or
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| 16 | | (iii) a person who had a physical disability at the |
| 17 | | time of the offense or
such person's property; or
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| 18 | | (4) When a defendant is convicted of any felony and the |
| 19 | | offense
involved any of the following types of specific |
| 20 | | misconduct committed as
part of a ceremony, rite, |
| 21 | | initiation, observance, performance, practice or
activity |
| 22 | | of any actual or ostensible religious, fraternal, or social |
| 23 | | group:
|
| 24 | | (i) the brutalizing or torturing of humans or |
| 25 | | animals;
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| 26 | | (ii) the theft of human corpses;
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| 1 | | (iii) the kidnapping of humans;
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| 2 | | (iv) the desecration of any cemetery, religious, |
| 3 | | fraternal, business,
governmental, educational, or |
| 4 | | other building or property; or
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| 5 | | (v) ritualized abuse of a child; or
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| 6 | | (5) When a defendant is convicted of a felony other |
| 7 | | than conspiracy and
the court finds that
the felony was |
| 8 | | committed under an agreement with 2 or more other persons
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| 9 | | to commit that offense and the defendant, with respect to |
| 10 | | the other
individuals, occupied a position of organizer, |
| 11 | | supervisor, financier, or any
other position of management |
| 12 | | or leadership, and the court further finds that
the felony |
| 13 | | committed was related to or in furtherance of the criminal
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| 14 | | activities of an organized gang or was motivated by the |
| 15 | | defendant's leadership
in an organized gang; or
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| 16 | | (6) When a defendant is convicted of an offense |
| 17 | | committed while using a firearm with a
laser sight attached |
| 18 | | to it. For purposes of this paragraph, "laser sight"
has |
| 19 | | the meaning ascribed to it in Section 26-7 of the Criminal |
| 20 | | Code of
2012; or
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| 21 | | (7) When a defendant who was at least 17 years of age |
| 22 | | at the
time of
the commission of the offense is convicted |
| 23 | | of a felony and has been previously
adjudicated a |
| 24 | | delinquent minor under the Juvenile Court Act of 1987 for |
| 25 | | an act
that if committed by an adult would be a Class X or |
| 26 | | Class 1 felony when the
conviction has occurred within 10 |
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| 1 | | years after the previous adjudication,
excluding time |
| 2 | | spent in custody; or
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| 3 | | (8) When a defendant commits any felony and the |
| 4 | | defendant used, possessed, exercised control over, or |
| 5 | | otherwise directed an animal to assault a law enforcement |
| 6 | | officer engaged in the execution of his or her official |
| 7 | | duties or in furtherance of the criminal activities of an |
| 8 | | organized gang in which the defendant is engaged; or
|
| 9 | | (9) When a defendant commits any felony and the |
| 10 | | defendant knowingly video or audio records the offense with |
| 11 | | the intent to disseminate the recording. |
| 12 | | (c) The following factors may be considered by the court as |
| 13 | | reasons to impose an extended term sentence under Section 5-8-2 |
| 14 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
| 15 | | (1) When a defendant is convicted of first degree |
| 16 | | murder, after having been previously convicted in Illinois |
| 17 | | of any offense listed under paragraph (c)(2) of Section |
| 18 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
| 19 | | within 10 years after the previous conviction, excluding |
| 20 | | time spent in custody, and the charges are separately |
| 21 | | brought and tried and arise out of different series of |
| 22 | | acts. |
| 23 | | (1.5) When a defendant is convicted of first degree |
| 24 | | murder, after having been previously convicted of domestic |
| 25 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
| 26 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
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| 1 | | having been previously convicted of violation of an order |
| 2 | | of protection (720 ILCS 5/12-30) in which the same victim |
| 3 | | was the protected person. |
| 4 | | (2) When a defendant is convicted of voluntary |
| 5 | | manslaughter, second degree murder, involuntary |
| 6 | | manslaughter, or reckless homicide in which the defendant |
| 7 | | has been convicted of causing the death of more than one |
| 8 | | individual. |
| 9 | | (3) When a defendant is convicted of aggravated |
| 10 | | criminal sexual assault or criminal sexual assault, when |
| 11 | | there is a finding that aggravated criminal sexual assault |
| 12 | | or criminal sexual assault was also committed on the same |
| 13 | | victim by one or more other individuals, and the defendant |
| 14 | | voluntarily participated in the crime with the knowledge of |
| 15 | | the participation of the others in the crime, and the |
| 16 | | commission of the crime was part of a single course of |
| 17 | | conduct during which there was no substantial change in the |
| 18 | | nature of the criminal objective. |
| 19 | | (4) If the victim was under 18 years of age at the time |
| 20 | | of the commission of the offense, when a defendant is |
| 21 | | convicted of aggravated criminal sexual assault or |
| 22 | | predatory criminal sexual assault of a child under |
| 23 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
| 24 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
| 25 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
| 26 | | (5) When a defendant is convicted of a felony violation |
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| 1 | | of Section 24-1 of the Criminal Code of 1961 or the |
| 2 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
| 3 | | finding that the defendant is a member of an organized |
| 4 | | gang. |
| 5 | | (6) When a defendant was convicted of unlawful use of |
| 6 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
| 7 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
| 8 | | a weapon that is not readily distinguishable as one of the |
| 9 | | weapons enumerated in Section 24-1 of the Criminal Code of |
| 10 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
| 11 | | (7) When a defendant is convicted of an offense |
| 12 | | involving the illegal manufacture of a controlled |
| 13 | | substance under Section 401 of the Illinois Controlled |
| 14 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
| 15 | | of methamphetamine under Section 25 of the Methamphetamine |
| 16 | | Control and Community Protection Act (720 ILCS 646/25), or |
| 17 | | the illegal possession of explosives and an emergency |
| 18 | | response officer in the performance of his or her duties is |
| 19 | | killed or injured at the scene of the offense while |
| 20 | | responding to the emergency caused by the commission of the |
| 21 | | offense. In this paragraph, "emergency" means a situation |
| 22 | | in which a person's life, health, or safety is in jeopardy; |
| 23 | | and "emergency response officer" means a peace officer, |
| 24 | | community policing volunteer, fireman, emergency medical |
| 25 | | technician-ambulance, emergency medical |
| 26 | | technician-intermediate, emergency medical |
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| 1 | | technician-paramedic, ambulance driver, other medical |
| 2 | | assistance or first aid personnel, or hospital emergency |
| 3 | | room personnel.
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| 4 | | (8) When the defendant is convicted of attempted mob |
| 5 | | action, solicitation to commit mob action, or conspiracy to |
| 6 | | commit mob action under Section 8-1, 8-2, or 8-4 of the |
| 7 | | Criminal Code of 2012, where the criminal object is a |
| 8 | | violation of Section 25-1 of the Criminal Code of 2012, and |
| 9 | | an electronic communication is used in the commission of |
| 10 | | the offense. For the purposes of this paragraph (8), |
| 11 | | "electronic communication" shall have the meaning provided |
| 12 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
| 13 | | (d) For the purposes of this Section, "organized gang" has |
| 14 | | the meaning
ascribed to it in Section 10 of the Illinois |
| 15 | | Streetgang Terrorism Omnibus
Prevention Act.
|
| 16 | | (e) The court may impose an extended term sentence under |
| 17 | | Article 4.5 of Chapter V upon an offender who has been |
| 18 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
| 19 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
| 20 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 21 | | when the victim of the offense is under 18 years of age at the |
| 22 | | time of the commission of the offense and, during the |
| 23 | | commission of the offense, the victim was under the influence |
| 24 | | of alcohol, regardless of whether or not the alcohol was |
| 25 | | supplied by the offender; and the offender, at the time of the |
| 26 | | commission of the offense, knew or should have known that the |