Rep. Frances Ann Hurley
Filed: 5/21/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 416 




2 AMENDMENT NO. ______. Amend Senate Bill 416 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Sections 5-5-3.1 and 5-5-3.2 as follows:



6 (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)



7 Sec. 5-5-3.1. Factors in mitigation. 

8 (a) The following
grounds shall be accorded weight in favor 
9of withholding or
minimizing a sentence of imprisonment:

10  (1) The defendant's criminal conduct neither caused 
11 nor
threatened serious physical harm to another. 

12  (2) The defendant did not contemplate that his criminal 
13 conduct would
cause or threaten serious physical harm to 
14 another.

15  (3) The defendant acted under a strong provocation.

16  (4) There were substantial grounds tending to excuse or 
 
 
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1 justify
the defendant's criminal conduct, though failing 
2 to establish a
defense.

3  (5) The defendant's criminal conduct was induced or 
4 facilitated
by someone other than the defendant.

5  (6) The defendant has compensated or will compensate 
6 the victim
of his criminal conduct for the damage or injury 
7 that he sustained.

8  (7) The defendant has no history of prior delinquency 
9 or
criminal activity or has led a law-abiding life for a 
10 substantial
period of time before the commission of the 
11 present crime.

12  (8) The defendant's criminal conduct was the result of

13 circumstances unlikely to recur.

14  (9) The character and attitudes of the defendant 
15 indicate that he is
unlikely to commit another crime.

16  (10) The defendant is particularly likely to comply 
17 with the terms of
a period of probation.

18  (11) The imprisonment of the defendant would entail 
19 excessive
hardship to his dependents.

20  (12) The imprisonment of the defendant would endanger 
21 his or her medical
condition.

22  (13) The defendant was a person with an intellectual 
23 disability as defined in Section 5-1-13 of
this Code.

24  (14) The defendant sought or obtained emergency 
25 medical assistance for an overdose and was convicted of a 
26 Class 3 felony or higher possession, manufacture, or 
 
 
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1 delivery of a controlled, counterfeit, or look-alike 
2 substance or a controlled substance analog under the 
3 Illinois Controlled Substances Act or a Class 2 felony or 
4 higher possession, manufacture or delivery of 
5 methamphetamine under the Methamphetamine Control and 
6 Community Protection Act.
7  (15) At the time of the offense, the defendant is or 
8 had been the victim of domestic violence and the effects of 
9 the domestic violence tended to excuse or justify the 
10 defendant's criminal conduct. As used in this paragraph 
11 (15), "domestic violence" means abuse as defined in Section 
12 103 of the Illinois Domestic Violence Act of 1986. 
13  (16) At the time of the offense, the defendant was 
14 suffering from a serious mental illness which, though 
15 insufficient to establish the defense of insanity, 
16 substantially affected his or her ability to understand the 
17 nature of his or her acts or to conform his or her conduct 
18 to the requirements of the law. 
19  (17) At the time of the offense, the defendant was 
20 suffering from post-partum depression or post-partum 
21 psychosis which was either undiagnosed or untreated, or 
22 both, and this temporary mental illness tended to excuse
or 
23 justify the defendant's criminal conduct and the defendant 
24 has been diagnosed as suffering from post-partum 
25 depression or
post-partum psychosis, or both, by a 
26 qualified medical person and the diagnoses or
testimony, or 
 
 
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1 both, was not used at trial. In this paragraph (17):
2   "Post-partum depression"
means a mood disorder 
3 which strikes many
women during and after pregnancy 
4 which usually occurs during
pregnancy and up to 12 
5 months after delivery. This depression
can include 
6 anxiety disorders.
7   "Post-partum psychosis" means an extreme form of 
8 post-partum
depression which can occur during 
9 pregnancy and up to 12
months after delivery. This can 
10 include losing touch with
reality, distorted thinking, 
11 delusions, auditory and visual
hallucinations, 
12 paranoia, hyperactivity and rapid speech, or mania. 
13  (18) The defendant had a demonstrated history of 
14 compliance with the penal institution's rules during his or 
15 her pretrial incarceration. In this paragraph (18), "penal 
16 institution" has the meaning ascribed to it in Section 2-14 
17 of the Criminal Code of 2012. 
18 (b) If the court, having due regard for the character of 
19the
offender, the nature and circumstances of the offense and 
20the
public interest finds that a sentence of imprisonment is 
21the
most appropriate disposition of the offender, or where 
22other
provisions of this Code mandate the imprisonment of the 
23offender,
the grounds listed in paragraph (a) of this 
24subsection shall be
considered as factors in mitigation of the 
25term imposed.

26(Source: P.A. 99-143, eff. 7-27-15; 99-384, eff. 1-1-16; 
 
 
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199-642, eff. 7-28-16; 99-877, eff. 8-22-16; 100-574, eff. 
26-1-18.)


3 (730 ILCS 5/5-5-3.2)



4 Sec. 5-5-3.2. Factors in aggravation and extended-term 
5sentencing. 

6 (a) The following factors shall be accorded weight in favor 
7of
imposing a term of imprisonment or may be considered by the 
8court as reasons
to impose a more severe sentence under Section 
95-8-1 or Article 4.5 of Chapter V:

10  (1) the defendant's conduct caused or threatened 
11 serious harm;

12  (2) the defendant received compensation for committing 
13 the offense;

14  (3) the defendant has a history of prior delinquency or 
15 criminal activity;

16  (4) the defendant, by the duties of his office or by 
17 his position,
was obliged to prevent the particular offense 
18 committed or to bring
the offenders committing it to 
19 justice;

20  (5) the defendant held public office at the time of the 
21 offense,
and the offense related to the conduct of that 
22 office;

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

 
 
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1  (7) the sentence is necessary to deter others from 
2 committing
the same crime;

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

5  (9) the defendant committed the offense against a 
6 person who has a physical disability or such person's 
7 property;

8  (10) by reason of another individual's actual or 
9 perceived race, color,
creed, religion, ancestry, gender, 
10 sexual orientation, physical or mental
disability, or 
11 national origin, the defendant committed the offense 
12 against (i)
the person or property
of that individual; (ii) 
13 the person or property of a person who has an
association 
14 with, is married to, or has a friendship with the other 
15 individual;
or (iii) the person or property of a relative 
16 (by blood or marriage) of a
person described in clause (i) 
17 or (ii). For the purposes of this Section,
"sexual 
18 orientation" has the meaning ascribed to it in paragraph 
19 (O-1) of Section 1-103 of the Illinois Human Rights Act;

20  (11) the offense took place in a place of worship or on 
21 the
grounds of a place of worship, immediately prior to, 
22 during or immediately
following worship services. For 
23 purposes of this subparagraph, "place of
worship" shall 
24 mean any church, synagogue or other building, structure or

25 place used primarily for religious worship;

26  (12) the defendant was convicted of a felony committed 
 
 
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1 while he was
released on bail or his own recognizance 
2 pending trial for a prior felony
and was convicted of such 
3 prior felony, or the defendant was convicted of a
felony 
4 committed while he was serving a period of probation,

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

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

12  (14) the defendant held a position of trust or 
13 supervision such as, but
not limited to, family member as 
14 defined in Section 11-0.1 of the Criminal Code
of 2012, 
15 teacher, scout leader, baby sitter, or day care worker, in

16 relation to a victim under 18 years of age, and the 
17 defendant committed an
offense in violation of Section 
18 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
19 11-14.4 except for an offense that involves keeping a place 
20 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

21 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
22 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
23 of 2012
against
that victim;

24  (15) the defendant committed an offense related to the 
25 activities of an
organized gang. For the purposes of this 
26 factor, "organized gang" has the
meaning ascribed to it in 
 
 
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1 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
2 Act;

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

7 students to or from school or a school related activity; on 
8 the real property
of a school; or on a public way within 
9 1,000 feet of the real property
comprising any school: 
10 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
11 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

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

17  (16.5) the defendant committed an offense in violation 
18 of one of the
following Sections while in a day care 
19 center, regardless of the time of day or
time of year; on 
20 the real property of a day care center, regardless of the 
21 time
of day or time of year; or on a public
way within 
22 1,000 feet of the real property comprising any day care 
23 center,
regardless of the time of day or time of year:

24 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
25 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
26 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
 
 
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1 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
2 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
3 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
4 Criminal Code of 2012;

5  (17) the defendant committed the offense by reason of 
6 any person's
activity as a community policing volunteer or 
7 to prevent any person from
engaging in activity as a 
8 community policing volunteer. For the purpose of
this 
9 Section, "community policing volunteer" has the meaning 
10 ascribed to it in
Section 2-3.5 of the Criminal Code of 
11 2012;

12  (18) the defendant committed the offense in a nursing 
13 home or on the
real
property comprising a nursing home. For 
14 the purposes of this paragraph (18),
"nursing home" means a 
15 skilled nursing
or intermediate long term care facility 
16 that is subject to license by the
Illinois Department of 
17 Public Health under the Nursing Home Care
Act, the 
18 Specialized Mental Health Rehabilitation Act of 2013, the 
19 ID/DD Community Care Act, or the MC/DD Act;

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


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

24  (23)
the defendant committed the offense against a 
25 person who was elderly or infirm or who was a person with a 
26 disability by taking advantage of a family or fiduciary 
 
 
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1 relationship with the elderly or infirm person or person 
2 with a disability;

3  (24)
the defendant committed any offense under Section 
4 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
5 of 2012 and possessed 100 or more images;

6  (25) the defendant committed the offense while the 
7 defendant or the victim was in a train, bus, or other 
8 vehicle used for public transportation;
9  (26) the defendant committed the offense of child 
10 pornography or aggravated child pornography, specifically 
11 including paragraph (1), (2), (3), (4), (5), or (7) of 
12 subsection (a) of Section 11-20.1 of the Criminal Code of 
13 1961 or the Criminal Code of 2012 where a child engaged in, 
14 solicited for, depicted in, or posed in any act of sexual 
15 penetration or bound, fettered, or subject to sadistic, 
16 masochistic, or sadomasochistic abuse in a sexual context 
17 and specifically including paragraph (1), (2), (3), (4), 
18 (5), or (7) of subsection (a) of Section 11-20.1B or 
19 Section 11-20.3 of the Criminal Code of 1961 where a child 
20 engaged in, solicited for, depicted in, or posed in any act 
21 of sexual penetration or bound, fettered, or subject to 
22 sadistic, masochistic, or sadomasochistic abuse in a 
23 sexual context;
24  (27) the defendant committed the offense of first 
25 degree murder, assault, aggravated assault, battery, 
26 aggravated battery, robbery, armed robbery, or aggravated 
 
 
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1 robbery against a person who was a veteran and the 
2 defendant knew, or reasonably should have known, that the 
3 person was a veteran performing duties as a representative 
4 of a veterans' organization. For the purposes of this 
5 paragraph (27), "veteran" means an Illinois resident who 
6 has served as a member of the United States Armed Forces, a 
7 member of the Illinois National Guard, or a member of the 
8 United States Reserve Forces; and "veterans' organization" 
9 means an organization comprised of members of
which 
10 substantially all are individuals who are veterans or 
11 spouses,
widows, or widowers of veterans, the primary 
12 purpose of which is to
promote the welfare of its members 
13 and to provide assistance to the general
public in such a 
14 way as to confer a public benefit; 
15  (28) the defendant committed the offense of assault, 
16 aggravated assault, battery, aggravated battery, robbery, 
17 armed robbery, or aggravated robbery against a person that 
18 the defendant knew or reasonably should have known was a 
19 letter carrier or postal worker while that person was 
20 performing his or her duties delivering mail for the United 
21 States Postal Service;
22  (29) the defendant committed the offense of criminal 
23 sexual assault, aggravated criminal sexual assault, 
24 criminal sexual abuse, or aggravated criminal sexual abuse 
25 against a victim with an intellectual disability, and the 
26 defendant holds a position of trust, authority, or 
 
 
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1 supervision in relation to the victim;
2  (30) the defendant committed the offense of promoting 
3 juvenile prostitution, patronizing a prostitute, or 
4 patronizing a minor engaged in prostitution and at the time 
5 of the commission of the offense knew that the prostitute 
6 or minor engaged in prostitution was in the custody or 
7 guardianship of the Department of Children and Family 
8 Services; or
9  (31) the defendant (i) committed the offense of driving 
10 while under the influence of alcohol, other drug or drugs, 
11 intoxicating compound or compounds or any combination 
12 thereof in violation of Section 11-501 of the Illinois 
13 Vehicle Code or a similar provision of a local ordinance 
14 and (ii) the defendant during the commission of the offense 
15 was driving his or her vehicle upon a roadway designated 
16 for one-way traffic in the opposite direction of the 
17 direction indicated by official traffic control devices; 
18 or
19  (32) the defendant had a demonstrated history of 
20 incidents of non-compliance with the penal institution's 
21 rules during his or her pretrial incarceration, including, 
22 but not limited to, being found guilty of an administrative 
23 infraction related to assaulting staff of the penal 
24 institution, possession of contraband in the penal 
25 institution, or committing an act of public indecency in 
26 the penal institution. In this paragraph (32), "penal 
 
 
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1 institution" has the meaning ascribed to it in Section 2-14 
2 of the Criminal Code of 2012. 
3 For the purposes of this Section:

4 "School" is defined as a public or private
elementary or 
5secondary school, community college, college, or university.

6 "Day care center" means a public or private State certified 
7and
licensed day care center as defined in Section 2.09 of the 
8Child Care Act of
1969 that displays a sign in plain view 
9stating that the
property is a day care center.

10 "Intellectual disability" means significantly subaverage 
11intellectual functioning which exists concurrently
with 
12impairment in adaptive behavior. 
13 "Public transportation" means the transportation
or 
14conveyance of persons by means available to the general public, 
15and includes paratransit services.
16 "Traffic control devices" means all signs, signals, 
17markings, and devices that conform to the Illinois Manual on 
18Uniform Traffic Control Devices, placed or erected by authority 
19of a public body or official having jurisdiction, for the 
20purpose of regulating, warning, or guiding traffic. 
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 who had a physical disability at the 
16 time 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; or


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

3  (8) When the defendant is convicted of attempted mob 
4 action, solicitation to commit mob action, or conspiracy to 
5 commit mob action under Section 8-1, 8-2, or 8-4 of the 
6 Criminal Code of 2012, where the criminal object is a 
7 violation of Section 25-1 of the Criminal Code of 2012, and 
8 an electronic communication is used in the commission of 
9 the offense. For the purposes of this paragraph (8), 
10 "electronic communication" shall have the meaning provided 
11 in Section 26.5-0.1 of the Criminal Code of 2012. 
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. 
 
 
10100SB0416ham001- 21 -LRB101 04189 RLC 60913 a


1(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, 
2eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, 
3eff. 7-28-16; 100-1053, eff. 1-1-19.)".