|
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 12-12 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 |
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 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, 11-15.1, 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, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 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, 11-15.1, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 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; or
|
(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; |
or . |
(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.
|
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.
|
(b) The following factors 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 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; or
|
(4) 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
|
(5) In the case of a defendant convicted of aggravated |
criminal sexual
assault or criminal sexual assault, when |
the court finds 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; or
|
(6) 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
|
(7) 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, 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
|
(8) 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
|
(9) When a defendant is convicted of a felony violation |
of Section 24-1
of the Criminal Code of 1961 and the court |
finds that the defendant is a member
of an organized gang; |
or
|
(10) When a defendant committed the offense using a |
firearm with a
laser sight attached to it. For purposes of |
this paragraph (10), "laser sight"
has the meaning ascribed |
|
to it in Section 24.6-5 of the Criminal Code of
1961; or
|
(11) 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
|
(12) When a defendant commits an offense involving the |
illegal
manufacture of a controlled substance under |
Section 401 of the Illinois
Controlled Substances Act 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 (12),
"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.
|
(b-1) 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.
|
(c) The court may impose an extended term sentence under |
Section 5-8-2
upon any offender who was convicted of aggravated |
criminal sexual assault
or predatory criminal sexual assault of |
a child under subsection (a)(1) of
Section 12-14.1 of
the |
Criminal Code of 1961
where the victim was under 18 years of |
age at the time of the commission
of the offense.
|
(d) The court may impose an extended term sentence under |
Section 5-8-2 upon
any offender who was convicted of unlawful |