Sen. Kwame Raoul
Filed: 4/12/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1005 




2 AMENDMENT NO. ______. Amend Senate Bill 1005 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 25-7 as follows:

6 (720 ILCS 5/25-7 new)
7 Sec. 25-7. Duty of internet service providers to report 
8information to law enforcement.
9 (a) Upon request of a law enforcement officer who has 
10probable cause to believe that the services of an internet 
11service provider were used to solicit a violation of, conspire 
12to violate, attempt to violate, or otherwise facilitate a 
13violation of, Section 25-1 of this Code, an internet service 
14provider shall provide the identifying information related to 
15e-mail addresses, instant messaging identities, chat room 
16identities, text messaging identities, or other internet 
 
 
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1communications identities as requested. The identifying 
2information shall include, at a minimum, the name, e-mail 
3address, internet service provider address, and location 
4information (if available) of the person to which the 
5communication identity is registered.
6 (b) Failure to timely provide this information upon request 
7shall be a business offense with a fine of $1,000.
8 (c) An internet service provider or an employee thereof 
9providing information under this Section is immune from any 
10criminal, civil, or administrative liability in connection 
11with providing the information, except for willful or wanton 
12misconduct.
13 (d) For purposes of this Section, "internet service 
14provider" has the meaning provided in Section 2UU of the 
15Consumer Fraud and Deceptive Business Practices Act.

16 Section 10. The Unified Code of Corrections is amended by 
17changing Section 5-5-3.2 as follows:



18 (730 ILCS 5/5-5-3.2)


19 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 
20Sentencing. 

21 (a) The following factors shall be accorded weight in favor 
22of
imposing a term of imprisonment or may be considered by the 
23court as reasons
to impose a more severe sentence under Section 
245-8-1 or Article 4.5 of Chapter V:

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

3  (2) the defendant received compensation for committing 
4 the offense;

5  (3) the defendant has a history of prior delinquency or 
6 criminal activity;

7  (4) the defendant, by the duties of his office or by 
8 his position,
was obliged to prevent the particular offense 
9 committed or to bring
the offenders committing it to 
10 justice;

11  (5) the defendant held public office at the time of the 
12 offense,
and the offense related to the conduct of that 
13 office;

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

17  (7) the sentence is necessary to deter others from 
18 committing
the same crime;

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

21  (9) the defendant committed the offense against a 
22 person who is
physically handicapped or such person's 
23 property;

24  (10) by reason of another individual's actual or 
25 perceived race, color,
creed, religion, ancestry, gender, 
26 sexual orientation, physical or mental
disability, or 
 
 
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1 national origin, the defendant committed the offense 
2 against (i)
the person or property
of that individual; (ii) 
3 the person or property of a person who has an
association 
4 with, is married to, or has a friendship with the other 
5 individual;
or (iii) the person or property of a relative 
6 (by blood or marriage) of a
person described in clause (i) 
7 or (ii). For the purposes of this Section,
"sexual 
8 orientation" means heterosexuality, homosexuality, or 
9 bisexuality;

10  (11) the offense took place in a place of worship or on 
11 the
grounds of a place of worship, immediately prior to, 
12 during or immediately
following worship services. For 
13 purposes of this subparagraph, "place of
worship" shall 
14 mean any church, synagogue or other building, structure or

15 place used primarily for religious worship;

16  (12) the defendant was convicted of a felony committed 
17 while he was
released on bail or his own recognizance 
18 pending trial for a prior felony
and was convicted of such 
19 prior felony, or the defendant was convicted of a
felony 
20 committed while he was serving a period of probation,

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

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

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

6 relation to a victim under 18 years of age, and the 
7 defendant committed an
offense in violation of Section 
8 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
9 11-14.4 except for an offense that involves keeping a place 
10 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

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

14  (15) the defendant committed an offense related to the 
15 activities of an
organized gang. For the purposes of this 
16 factor, "organized gang" has the
meaning ascribed to it in 
17 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
18 Act;

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

23 students to or from school or a school related activity; on 
24 the real property
of a school; or on a public way within 
25 1,000 feet of the real property
comprising any school: 
26 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
 
 
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1 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

2 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
3 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
4 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
5 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
6 Criminal Code of 2012;

7  (16.5) the defendant committed an offense in violation 
8 of one of the
following Sections while in a day care 
9 center, regardless of the time of day or
time of year; on 
10 the real property of a day care center, regardless of the 
11 time
of day or time of year; or on a public
way within 
12 1,000 feet of the real property comprising any day care 
13 center,
regardless of the time of day or time of year:

14 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
15 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
16 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
17 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
18 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
19 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
20 Criminal Code of 2012;

21  (17) the defendant committed the offense by reason of 
22 any person's
activity as a community policing volunteer or 
23 to prevent any person from
engaging in activity as a 
24 community policing volunteer. For the purpose of
this 
25 Section, "community policing volunteer" has the meaning 
26 ascribed to it in
Section 2-3.5 of the Criminal Code of 
 
 
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1 2012;

2  (18) the defendant committed the offense in a nursing 
3 home or on the
real
property comprising a nursing home. For 
4 the purposes of this paragraph (18),
"nursing home" means a 
5 skilled nursing
or intermediate long term care facility 
6 that is subject to license by the
Illinois Department of 
7 Public Health under the Nursing Home Care
Act, the 
8 Specialized Mental Health Rehabilitation Act, or the ID/DD 
9 Community Care Act;

10  (19) the defendant was a federally licensed firearm 
11 dealer
and
was
previously convicted of a violation of 
12 subsection (a) of Section 3 of the
Firearm Owners 
13 Identification Card Act and has now committed either a 
14 felony
violation
of the Firearm Owners Identification Card 
15 Act or an act of armed violence while
armed
with a firearm;
16  (20) the defendant (i) committed the offense of 
17 reckless homicide under Section 9-3 of the Criminal Code of 
18 1961 or the Criminal Code of 2012 or the offense of driving 
19 under the influence of alcohol, other drug or
drugs, 
20 intoxicating compound or compounds or any combination 
21 thereof under Section 11-501 of the Illinois Vehicle Code 
22 or a similar provision of a local ordinance and (ii) was 
23 operating a motor vehicle in excess of 20 miles per hour 
24 over the posted speed limit as provided in Article VI of 
25 Chapter 11 of the Illinois Vehicle Code;


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

14  (23)
the defendant committed the offense against a 
15 person who was elderly, disabled, or infirm by taking 
16 advantage of a family or fiduciary relationship with the 
17 elderly, disabled, or infirm person;

18  (24)
the defendant committed any offense under Section 
19 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
20 of 2012 and possessed 100 or more images;

21  (25) the defendant committed the offense while the 
22 defendant or the victim was in a train, bus, or other 
23 vehicle used for public transportation;
24  (26) the defendant committed the offense of child 
25 pornography or aggravated child pornography, specifically 
26 including paragraph (1), (2), (3), (4), (5), or (7) of 
 
 
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1 subsection (a) of Section 11-20.1 of the Criminal Code of 
2 1961 or the Criminal Code of 2012 where a child engaged in, 
3 solicited for, depicted in, or posed in any act of sexual 
4 penetration or bound, fettered, or subject to sadistic, 
5 masochistic, or sadomasochistic abuse in a sexual context 
6 and specifically including paragraph (1), (2), (3), (4), 
7 (5), or (7) of subsection (a) of Section 11-20.1B or 
8 Section 11-20.3 of the Criminal Code of 1961 where a child 
9 engaged in, solicited for, depicted in, or posed in any act 
10 of sexual penetration or bound, fettered, or subject to 
11 sadistic, masochistic, or sadomasochistic abuse in a 
12 sexual context;
13  (27) the defendant committed the offense of first 
14 degree murder, assault, aggravated assault, battery, 
15 aggravated battery, robbery, armed robbery, or aggravated 
16 robbery against a person who was a veteran and the 
17 defendant knew, or reasonably should have known, that the 
18 person was a veteran performing duties as a representative 
19 of a veterans' organization. For the purposes of this 
20 paragraph (27), "veteran" means an Illinois resident who 
21 has served as a member of the United States Armed Forces, a 
22 member of the Illinois National Guard, or a member of the 
23 United States Reserve Forces; and "veterans' organization" 
24 means an organization comprised of members of
which 
25 substantially all are individuals who are veterans or 
26 spouses,
widows, or widowers of veterans, the primary 
 
 
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1 purpose of which is to
promote the welfare of its members 
2 and to provide assistance to the general
public in such a 
3 way as to confer a public benefit; or 
4  (28) the defendant committed the offense of assault, 
5 aggravated assault, battery, aggravated battery, robbery, 
6 armed robbery, or aggravated robbery against a person that 
7 the defendant knew or reasonably should have known was a 
8 letter carrier or postal worker while that person was 
9 performing his or her duties delivering mail for the United 
10 States Postal Service. 
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 is convicted of attempted mob 
 
 
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1 action, solicitation to commit mob action, or conspiracy to 
2 commit mob action under Section 8-1, 8-2, or 8-4 of the 
3 Criminal Code of 2012, where the criminal object is a 
4 violation of Section 25-1 of the Criminal Code of 2012, and 
5 an electronic communication is used in the commission of 
6 the offense. For the purposes of this paragraph (8), 
7 "electronic communication" shall have the meaning provided 
8 in Section 26.5-01 of the Criminal Code of 2012. 
9 (d) For the purposes of this Section, "organized gang" has 
10the meaning
ascribed to it in Section 10 of the Illinois 
11Streetgang Terrorism Omnibus
Prevention Act.

12 (e) The court may impose an extended term sentence under 
13Article 4.5 of Chapter V upon an offender who has been 
14convicted of a felony violation of Section 11-1.20, 11-1.30, 
1511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
1612-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
17when the victim of the offense is under 18 years of age at the 
18time of the commission of the offense and, during the 
19commission of the offense, the victim was under the influence 
20of alcohol, regardless of whether or not the alcohol was 
21supplied by the offender; and the offender, at the time of the 
22commission of the offense, knew or should have known that the 
23victim had consumed alcohol. 
24(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, 
25eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 
2696-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 
 
 
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11-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, 
2Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 
397-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 
497-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 
51-25-13.)".