Sen. Dan Kotowski
Filed: 5/17/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1002




2 AMENDMENT NO. ______. Amend Senate Bill 1002 on page 1, 
3replacing line 2 with the following:

4 "AN ACT concerning criminal law, which may be known as the 
5Illinois Public Safety Act."; and

6by replacing everything after the enacting clause with the 
7following:


8 "Section 5. The Criminal Code of 2012 is amended by adding 
9Section 24-1.9 as follows:

10 (720 ILCS 5/24-1.9 new)
11 Sec. 24-1.9. Delivery, sale, or transfer of large capacity 
12ammunition feeding devices.
13 (a) As used in this Section:
14 "Large capacity ammunition feeding device" means:
 
 
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1  (1) a magazine, belt, drum, feed strip, or similar 
2 device that has a capacity of, or that can be readily 
3 restored or converted to accept, more than 10 rounds of 
4 ammunition; or
5  (2) any combination of parts from which a device 
6 described in paragraph (1) can be assembled.
7 "Large capacity ammunition feeding device" does not 
8include an attached tubular device designed to accept, and 
9capable of operating only with, .22 caliber rimfire ammunition 
10or any device that has been made permanently inoperable.
11 (b) Except as provided in subsection (c) or (d), it is 
12unlawful for any person to knowingly deliver, sell, or 
13transfer, or cause to be delivered, sold, or transferred, a 
14large capacity ammunition feeding device. This subsection (b) 
15shall not apply to transfers to an heir, an individual residing 
16in another state maintaining that device in another state, or a 
17dealer licensed as a federal firearms dealer under Section 923 
18of the Federal Gun Control Act of 1968.
19 (c) This Section does not apply to or affect any of the 
20following:
21  (1) Peace officers as defined in Section 2-13 of this 
22 Code and retired peace officers not otherwise prohibited 
23 from receiving a firearm, in possession of a large capacity 
24 ammunition feeding device transferred to the retired peace 
25 officer by his or her law enforcement agency upon 
26 retirement.
 
 
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1  (2) Wardens, superintendents, and keepers of prisons, 
2 penitentiaries, jails, and other institutions for the 
3 detention of persons accused or convicted of an offense.
4  (3) Members of the Armed Services or Reserve Forces of 
5 the United States or the Illinois National Guard, while in 
6 the performance of their official duties or while traveling 
7 to or from their place of duty.
8  (4) Manufacture, transportation, sale, or transfer of 
9 large capacity ammunition feeding devices to persons 
10 authorized under paragraphs (1) through (3) of this 
11 subsection to possess those items.
12  (5) Possession of a large capacity ammunition feeding 
13 device at events taking place at the World Shooting and 
14 Recreational Complex at Sparta, only while engaged in the 
15 legal use of the device, or while traveling to or from this 
16 location if the items are broken down in a non-functioning 
17 state, or are not immediately accessible, or are unloaded 
18 and enclosed in a case, firearm carrying box, shipping box, 
19 or other container.
20  (6) Possession of any large capacity ammunition 
21 feeding device if that large capacity ammunition feeding 
22 device is sanctioned by the International Olympic 
23 Committee and by USA Shooting, the national governing body 
24 for international shooting competition in the United 
25 States, but only when the large capacity ammunition feeding 
26 device is in the actual possession of an Olympic target 
 
 
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1 shooting competitor or target shooting coach for the 
2 purpose of storage, transporting to and from Olympic target 
3 shooting practice or events if the device is broken down in 
4 a non-functioning state, is not immediately accessible, or 
5 is unloaded and enclosed in a case, firearm carrying box, 
6 shipping box, or other container, and when the Olympic 
7 target shooting competitor or target shooting coach is 
8 engaging in those practices or events.
9  (7) Possession of a large capacity ammunition feeding 
10 device only for a hunting use expressly permitted under 
11 Section 2.30 of the Wildlife Code, or while traveling to or 
12 from a location authorized for hunting use under Section 
13 2.30 of the Wildlife Code if the items are broken down in a 
14 non-functioning state, or are not immediately accessible, 
15 or are unloaded and enclosed in a case, firearm carrying 
16 box, shipping box, or other container.
17 (d) This Section does not apply to a peace officer who has 
18retired in good standing from a law enforcement agency of this 
19State and who possesses a large capacity ammunition feeding 
20device prohibited by subsection (b) of this Section, if the 
21device was lawfully possessed and acquired by the peace officer 
22prior to retirement and the retired peace officer within 30 
23days of retirement, provides in a registration affidavit, under 
24oath or affirmation and in the form and manner prescribed by 
25the Department of State Police, his or her name, date of birth, 
26Firearm Owners Identification Card Number, the device's make, 
 
 
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1model, and caliber. The affidavit shall include a statement 
2that the large capacity ammunition feeding device is owned by 
3the person submitting the affidavit. Each affidavit form shall 
4include the following statement printed in bold type: "Warning: 
5Entering false information on this form is punishable as 
6perjury under Section 32-2 of the Criminal Code of 2012.". The 
7retired officer may transfer the device only to an heir, an 
8individual residing in another state maintaining that device in 
9another state, or a dealer licensed as a federal firearms 
10dealer under Section 923 of the federal Gun Control Act of 
111968. Within 10 days after transfer of the device, the person 
12shall notify the Department of State Police of the name and 
13address of the transferee and comply with the requirements of 
14subsection (b) of Section 3 of the Firearm Owners 
15Identification Card Act. 
16 (e) Sentence. A person who knowingly delivers, sells, or 
17transfers, or causes to be delivered, sold, or transferred, in 
18violation of this Section a large capacity ammunition feeding 
19device capable of holding more than 17 rounds of ammunition 
20commits a Class 3 felony for a first violation and a Class 2 
21felony for a second or subsequent violation or for delivery, 
22sale, or transfer of 2 or more of these devices at the same 
23time. A person who knowingly delivers, sells, or transfers, or 
24causes to be delivered, sold, or transferred, in violation of 
25this Section a large capacity ammunition feeding device capable 
26of holding more than 10 rounds but not more than 17 rounds of 
 
 
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1ammunition commits a Class 4 felony for a first violation and a 
2Class 3 felony for a second or subsequent violation or for 
3delivery, sale, or transfer, of more than one of these devices 
4at the same time.

5 Section 10. The Unified Code of Corrections is amended by 
6changing Section 5-5-3.2 as follows:



7 (730 ILCS 5/5-5-3.2)


8 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 
9Sentencing. 

10 (a) The following factors shall be accorded weight in favor 
11of
imposing a term of imprisonment or may be considered by the 
12court as reasons
to impose a more severe sentence under Section 
135-8-1 or Article 4.5 of Chapter V:

14  (1) the defendant's conduct caused or threatened 
15 serious harm;

16  (2) the defendant received compensation for committing 
17 the offense;

18  (3) the defendant has a history of prior delinquency or 
19 criminal activity;

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

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

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;

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 is
physically handicapped 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" means heterosexuality, homosexuality, or 
24 bisexuality;

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

4 place used primarily for religious worship;

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;

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;

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:

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;

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, or the ID/DD 
24 Community Care Act;

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;

3  (23)
the defendant committed the offense against a 
4 person who was elderly, disabled, or infirm by taking 
5 advantage of a family or fiduciary relationship with the 
6 elderly, disabled, or infirm person;

7  (24)
the defendant committed any offense under Section 
8 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
9 of 2012 and possessed 100 or more images;

10  (25) the defendant committed the offense while the 
11 defendant or the victim was in a train, bus, or other 
12 vehicle used for public transportation;
13  (26) the defendant committed the offense of child 
14 pornography or aggravated child pornography, specifically 
15 including paragraph (1), (2), (3), (4), (5), or (7) of 
16 subsection (a) of Section 11-20.1 of the Criminal Code of 
17 1961 or the Criminal Code of 2012 where a child engaged in, 
18 solicited for, depicted in, or posed in any act of sexual 
19 penetration or bound, fettered, or subject to sadistic, 
20 masochistic, or sadomasochistic abuse in a sexual context 
21 and specifically including paragraph (1), (2), (3), (4), 
22 (5), or (7) of subsection (a) of Section 11-20.1B or 
23 Section 11-20.3 of the Criminal Code of 1961 where a child 
24 engaged in, solicited for, depicted in, or posed in any act 
25 of sexual penetration or bound, fettered, or subject to 
26 sadistic, masochistic, or sadomasochistic abuse in a 
 
 
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1 sexual context;
2  (27) the defendant committed the offense of first 
3 degree murder, assault, aggravated assault, battery, 
4 aggravated battery, robbery, armed robbery, or aggravated 
5 robbery against a person who was a veteran and the 
6 defendant knew, or reasonably should have known, that the 
7 person was a veteran performing duties as a representative 
8 of a veterans' organization. For the purposes of this 
9 paragraph (27), "veteran" means an Illinois resident who 
10 has served as a member of the United States Armed Forces, a 
11 member of the Illinois National Guard, or a member of the 
12 United States Reserve Forces; and "veterans' organization" 
13 means an organization comprised of members of
which 
14 substantially all are individuals who are veterans or 
15 spouses,
widows, or widowers of veterans, the primary 
16 purpose of which is to
promote the welfare of its members 
17 and to provide assistance to the general
public in such a 
18 way as to confer a public benefit; or 
19  (28) the defendant committed the offense of assault, 
20 aggravated assault, battery, aggravated battery, robbery, 
21 armed robbery, or aggravated robbery against a person that 
22 the defendant knew or reasonably should have known was a 
23 letter carrier or postal worker while that person was 
24 performing his or her duties delivering mail for the United 
25 States Postal Service; or . 
26  (29) the defendant possessed a large capacity 
 
 
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1 ammunition feeding device while committing an offense in 
2 violation of Article 9 or Article 24 of the Criminal Code 
3 of 2012. For the purposes of this paragraph (29), "large 
4 capacity ammunition feeding device" means:
5   (A) a magazine, belt, drum, feed strip, or similar 
6 device that has a capacity of, or that can be readily 
7 restored or converted to accept, more than 10 rounds of 
8 ammunition; or
9   (B) any combination of parts from which a device 
10 described in item (A) can be assembled. 
11 For the purposes of this Section:

12 "School" is defined as a public or private
elementary or 
13secondary school, community college, college, or university.

14 "Day care center" means a public or private State certified 
15and
licensed day care center as defined in Section 2.09 of the 
16Child Care Act of
1969 that displays a sign in plain view 
17stating that the
property is a day care center.

18 "Public transportation" means the transportation
or 
19conveyance of persons by means available to the general public, 
20and includes paratransit services.
21 (b) The following factors, related to all felonies, may be 
22considered by the court as
reasons to impose an extended term 
23sentence under Section 5-8-2
upon any offender:

24  (1) When a defendant is convicted of any felony, after 
25 having
been previously convicted in Illinois or any other 
26 jurisdiction of the
same or similar class felony or greater 
 
 
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1 class felony, when such conviction
has occurred within 10 
2 years after the
previous conviction, excluding time spent 
3 in custody, and such charges are
separately brought and 
4 tried and arise out of different series of acts; or

5  (2) When a defendant is convicted of any felony and the 
6 court
finds that the offense was accompanied by 
7 exceptionally brutal
or heinous behavior indicative of 
8 wanton cruelty; or

9  (3) When a defendant is convicted of any felony 
10 committed against:

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

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

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

17  (4) When a defendant is convicted of any felony and the 
18 offense
involved any of the following types of specific 
19 misconduct committed as
part of a ceremony, rite, 
20 initiation, observance, performance, practice or
activity 
21 of any actual or ostensible religious, fraternal, or social 
22 group:

23   (i) the brutalizing or torturing of humans or 
24 animals;

25   (ii) the theft of human corpses;

26   (iii) the kidnapping of humans;

 
 
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1   (iv) the desecration of any cemetery, religious, 
2 fraternal, business,
governmental, educational, or 
3 other building or property; or

4   (v) ritualized abuse of a child; or

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

8 to commit that offense and the defendant, with respect to 
9 the other
individuals, occupied a position of organizer, 
10 supervisor, financier, or any
other position of management 
11 or leadership, and the court further finds that
the felony 
12 committed was related to or in furtherance of the criminal

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

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

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

2  (8) When a defendant commits any felony and the 
3 defendant used, possessed, exercised control over, or 
4 otherwise directed an animal to assault a law enforcement 
5 officer engaged in the execution of his or her official 
6 duties or in furtherance of the criminal activities of an 
7 organized gang in which the defendant is engaged.


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

26  (8) When the defendant discharged a firearm equipped 
 
 
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1 with a large capacity ammunition feeding device while 
2 committing an offense in violation of Article 9 or Article 
3 24 of the Criminal Code of 2012. For the purposes of this 
4 paragraph (8), "large capacity ammunition feeding device" 
5 means:
6   (A) a magazine, belt, drum, feed strip, or similar 
7 device that has a capacity of, or that can be readily 
8 restored or converted to accept, more than 10 rounds of 
9 ammunition; or
10   (B) any combination of parts from which a device 
11 described in item (A) can be assembled. 
12 (d) For the purposes of this Section, "organized gang" has 
13the meaning
ascribed to it in Section 10 of the Illinois 
14Streetgang Terrorism Omnibus
Prevention Act.

15 (e) The court may impose an extended term sentence under 
16Article 4.5 of Chapter V upon an offender who has been 
17convicted of a felony violation of Section 11-1.20, 11-1.30, 
1811-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1912-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
20when the victim of the offense is under 18 years of age at the 
21time of the commission of the offense and, during the 
22commission of the offense, the victim was under the influence 
23of alcohol, regardless of whether or not the alcohol was 
24supplied by the offender; and the offender, at the time of the 
25commission of the offense, knew or should have known that the 
26victim had consumed alcohol. 
 
 
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1(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, 
2eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 
396-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 
41-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, 
5Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 
697-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 
797-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 
81-25-13.)


9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".