Sen. Dan Kotowski
Filed: 5/31/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1346




2 AMENDMENT NO. ______. Amend House Bill 1346 on page 1, by 
3inserting after line 3 the following:

4 "Section 3. The Criminal Code of 2012 is amended by adding 
5Section 24-1.9 as follows:

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Delivery, sale, or transfer of large capacity 
8ammunition feeding devices.
9 (a) As used in this Section:
10 "Large capacity ammunition feeding device" means:
11  (1) a detachable magazine, belt, drum, feed strip, or 
12 similar device that has a capacity of, or that can be 
13 readily restored or converted to accept, more than 10 
14 rounds of ammunition; or
15  (2) any combination of parts from which a device 
 
 
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1 described in paragraph (1) can be assembled.
2 "Large capacity ammunition feeding device" does not 
3include a permanently attached tubular device or any device 
4that has been made permanently inoperable.
5 (b) Except as provided in subsection (c) or (d), it is 
6unlawful for any person to knowingly deliver, sell, or 
7transfer, or cause to be delivered, sold, or transferred, a 
8large capacity ammunition feeding device. This subsection (b) 
9shall not apply to transfers to an heir, an individual residing 
10in another state maintaining that device in another state, or a 
11dealer licensed as a federal firearms dealer under Section 923 
12of the Federal Gun Control Act of 1968.
13 (c) This Section does not apply to or affect any of the 
14following:
15  (1) Peace officers as defined in Section 2-13 of this 
16 Code and retired peace officers not otherwise prohibited 
17 from receiving a firearm, in possession of a large capacity 
18 ammunition feeding device transferred to the retired peace 
19 officer by his or her law enforcement agency upon 
20 retirement.
21  (2) Wardens, superintendents, and keepers of prisons, 
22 penitentiaries, jails, and other institutions for the 
23 detention of persons accused or convicted of an offense.
24  (3) Members of the Armed Services or Reserve Forces of 
25 the United States or the Illinois National Guard, while in 
26 the performance of their official duties or while traveling 
 
 
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1 to or from their place of duty.
2  (4) Manufacture, transportation, sale, or transfer of 
3 large capacity ammunition feeding devices to persons 
4 authorized under paragraphs (1) through (3) of this 
5 subsection to possess those items or solely for the purpose 
6 of sale or transfer outside of this State.
7  (5) Possession of a large capacity ammunition feeding 
8 device at events taking place at the World Shooting and 
9 Recreational Complex at Sparta, only while engaged in the 
10 legal use of the device, or while traveling to or from this 
11 location if the items are broken down in a non-functioning 
12 state, or are not immediately accessible, or are unloaded 
13 and enclosed in a case, firearm carrying box, shipping box, 
14 or other container.
15  (6) Possession of any large capacity ammunition 
16 feeding device if that large capacity ammunition feeding 
17 device is sanctioned by the International Olympic 
18 Committee and by USA Shooting, the national governing body 
19 for international shooting competition in the United 
20 States, but only when the large capacity ammunition feeding 
21 device is in the actual possession of an Olympic target 
22 shooting competitor or target shooting coach for the 
23 purpose of storage, transporting to and from Olympic target 
24 shooting practice or events if the device is broken down in 
25 a non-functioning state, is not immediately accessible, or 
26 is unloaded and enclosed in a case, firearm carrying box, 
 
 
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1 shipping box, or other container, and when the Olympic 
2 target shooting competitor or target shooting coach is 
3 engaging in those practices or events.
4  (7) Possession of a large capacity ammunition feeding 
5 device only for a hunting use expressly permitted under 
6 Section 2.30 of the Wildlife Code, or while traveling to or 
7 from a location authorized for hunting use under Section 
8 2.30 of the Wildlife Code if the items are broken down in a 
9 non-functioning state, or are not immediately accessible, 
10 or are unloaded and enclosed in a case, firearm carrying 
11 box, shipping box, or other container.
12  (8) Temporary transfers incident to use while in the 
13 immediate presence of the owner of the large capacity 
14 ammunition feeding device or subject to a written temporary 
15 transfer authorization where the transferor of the large 
16 capacity ammunition feeding device is a federal firearms 
17 licensee. 
18 (d) This Section does not apply to a peace officer who has 
19retired in good standing from a law enforcement agency of this 
20State and who possesses a large capacity ammunition feeding 
21device prohibited by subsection (b) of this Section, if the 
22device was lawfully possessed and acquired by the peace officer 
23prior to retirement and the retired peace officer within 30 
24days of retirement, provides in a registration affidavit, under 
25oath or affirmation and in the form and manner prescribed by 
26the Department of State Police, his or her name, date of birth, 
 
 
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1Firearm Owners Identification Card Number, the device's make, 
2model, and caliber. The affidavit shall include a statement 
3that the large capacity ammunition feeding device is owned by 
4the person submitting the affidavit. Each affidavit form shall 
5include the following statement printed in bold type: "Warning: 
6Entering false information on this form is punishable as 
7perjury under Section 32-2 of the Criminal Code of 2012.". The 
8retired officer may transfer the device only to an heir, an 
9individual residing in another state maintaining that device in 
10another state, or a dealer licensed as a federal firearms 
11dealer under Section 923 of the federal Gun Control Act of 
121968. Within 10 days after transfer of the device, the person 
13shall notify the Department of State Police of the name and 
14address of the transferee and comply with the requirements of 
15subsection (b) of Section 3 of the Firearm Owners 
16Identification Card Act. 
17 (e) Sentence. A person who knowingly delivers, sells, or 
18transfers, or causes to be delivered, sold, or transferred, in 
19violation of this Section a large capacity ammunition feeding 
20device capable of holding more than 17 rounds of ammunition 
21commits a Class 3 felony for a first violation and a Class 2 
22felony for a second or subsequent violation or for delivery, 
23sale, or transfer of 2 or more of these devices at the same 
24time. A person who knowingly delivers, sells, or transfers, or 
25causes to be delivered, sold, or transferred, in violation of 
26this Section a large capacity ammunition feeding device capable 
 
 
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1of holding more than 10 rounds but not more than 17 rounds of 
2ammunition commits a Class 4 felony for a first violation and a 
3Class 3 felony for a second or subsequent violation or for 
4delivery, sale, or transfer, of more than one of these devices 
5at the same time.

6 Section 4. The Unified Code of Corrections is amended by 
7changing Section 5-5-3.2 as follows:



8 (730 ILCS 5/5-5-3.2)


9 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 
10Sentencing. 

11 (a) The following factors shall be accorded weight in favor 
12of
imposing a term of imprisonment or may be considered by the 
13court as reasons
to impose a more severe sentence under Section 
145-8-1 or Article 4.5 of Chapter V:

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

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

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

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

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

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

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

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

11  (9) the defendant committed the offense against a 
12 person who is
physically handicapped or such person's 
13 property;

14  (10) by reason of another individual's actual or 
15 perceived race, color,
creed, religion, ancestry, gender, 
16 sexual orientation, physical or mental
disability, or 
17 national origin, the defendant committed the offense 
18 against (i)
the person or property
of that individual; (ii) 
19 the person or property of a person who has an
association 
20 with, is married to, or has a friendship with the other 
21 individual;
or (iii) the person or property of a relative 
22 (by blood or marriage) of a
person described in clause (i) 
23 or (ii). For the purposes of this Section,
"sexual 
24 orientation" means heterosexuality, homosexuality, or 
25 bisexuality;

26  (11) the offense took place in a place of worship or on 
 
 
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1 the
grounds of a place of worship, immediately prior to, 
2 during or immediately
following worship services. For 
3 purposes of this subparagraph, "place of
worship" shall 
4 mean any church, synagogue or other building, structure or

5 place used primarily for religious worship;

6  (12) the defendant was convicted of a felony committed 
7 while he was
released on bail or his own recognizance 
8 pending trial for a prior felony
and was convicted of such 
9 prior felony, or the defendant was convicted of a
felony 
10 committed while he was serving a period of probation,

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

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

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

22 relation to a victim under 18 years of age, and the 
23 defendant committed an
offense in violation of Section 
24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
25 11-14.4 except for an offense that involves keeping a place 
26 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

 
 
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1 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
2 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
3 of 2012
against
that victim;

4  (15) the defendant committed an offense related to the 
5 activities of an
organized gang. For the purposes of this 
6 factor, "organized gang" has the
meaning ascribed to it in 
7 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
8 Act;

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

13 students to or from school or a school related activity; on 
14 the real property
of a school; or on a public way within 
15 1,000 feet of the real property
comprising any school: 
16 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
17 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

18 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
19 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
20 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
21 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
22 Criminal Code of 2012;

23  (16.5) the defendant committed an offense in violation 
24 of one of the
following Sections while in a day care 
25 center, regardless of the time of day or
time of year; on 
26 the real property of a day care center, regardless of the 
 
 
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1 time
of day or time of year; or on a public
way within 
2 1,000 feet of the real property comprising any day care 
3 center,
regardless of the time of day or time of year:

4 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
5 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
6 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
7 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
8 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
9 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
10 Criminal Code of 2012;

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

18  (18) the defendant committed the offense in a nursing 
19 home or on the
real
property comprising a nursing home. For 
20 the purposes of this paragraph (18),
"nursing home" means a 
21 skilled nursing
or intermediate long term care facility 
22 that is subject to license by the
Illinois Department of 
23 Public Health under the Nursing Home Care
Act, the 
24 Specialized Mental Health Rehabilitation Act, or the ID/DD 
25 Community Care Act;

26  (19) the defendant was a federally licensed firearm 
 
 
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1 dealer
and
was
previously convicted of a violation of 
2 subsection (a) of Section 3 of the
Firearm Owners 
3 Identification Card Act and has now committed either a 
4 felony
violation
of the Firearm Owners Identification Card 
5 Act or an act of armed violence while
armed
with a firearm;
6  (20) the defendant (i) committed the offense of 
7 reckless homicide under Section 9-3 of the Criminal Code of 
8 1961 or the Criminal Code of 2012 or the offense of driving 
9 under the influence of alcohol, other drug or
drugs, 
10 intoxicating compound or compounds or any combination 
11 thereof under Section 11-501 of the Illinois Vehicle Code 
12 or a similar provision of a local ordinance 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  (21) the defendant (i) committed the offense of 
17 reckless driving or aggravated reckless driving under 
18 Section 11-503 of the Illinois Vehicle Code and (ii) was 
19 operating a motor vehicle in excess of 20 miles per hour 
20 over the posted speed limit as provided in Article VI of 
21 Chapter 11 of the Illinois Vehicle Code;
22  (22) the defendant committed the offense against a 
23 person that the defendant knew, or reasonably should have 
24 known, was a member of the Armed Forces of the United 
25 States serving on active duty. For purposes of this clause 
26 (22), the term "Armed Forces" means any of the Armed Forces 
 
 
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1 of the United States, including a member of any reserve 
2 component thereof or National Guard unit called to active 
3 duty;

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

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

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

13 "School" is defined as a public or private
elementary or 
14secondary school, community college, college, or university.

15 "Day care center" means a public or private State certified 
16and
licensed day care center as defined in Section 2.09 of the 
17Child Care Act of
1969 that displays a sign in plain view 
18stating that the
property is a day care center.

19 "Public transportation" means the transportation
or 
20conveyance of persons by means available to the general public, 
21and includes paratransit services.
22 (b) The following factors, related to all felonies, may be 
23considered by the court as
reasons to impose an extended term 
24sentence under Section 5-8-2
upon any offender:

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

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

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

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

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

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

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

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

26   (ii) the theft of human corpses;

 
 
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1   (iii) the kidnapping of humans;

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

5   (v) ritualized abuse of a child; or

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

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

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

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

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

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


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

 
 
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1  (8) When the defendant discharged a firearm equipped 
2 with a large capacity ammunition feeding device while 
3 committing an offense in violation of Article 9 or Article 
4 24 of the Criminal Code of 2012. For the purposes of this 
5 paragraph (8), "large capacity ammunition feeding device" 
6 means:
7   (A) a magazine, belt, drum, feed strip, or similar 
8 device that has a capacity of, or that can be readily 
9 restored or converted to accept, more than 10 rounds of 
10 ammunition; or
11   (B) any combination of parts from which a device 
12 described in item (A) can be assembled. 
13 (d) For the purposes of this Section, "organized gang" has 
14the meaning
ascribed to it in Section 10 of the Illinois 
15Streetgang Terrorism Omnibus
Prevention Act.

16 (e) The court may impose an extended term sentence under 
17Article 4.5 of Chapter V upon an offender who has been 
18convicted of a felony violation of Section 11-1.20, 11-1.30, 
1911-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
2012-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
21when the victim of the offense is under 18 years of age at the 
22time of the commission of the offense and, during the 
23commission of the offense, the victim was under the influence 
24of alcohol, regardless of whether or not the alcohol was 
25supplied by the offender; and the offender, at the time of the 
26commission of the offense, knew or should have known that the 
 
 
09800HB1346sam001- 21 -LRB098 07975 JWD 46746 a


1victim had consumed alcohol. 
2(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, 
3eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 
496-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 
51-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, 
6Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 
797-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 
897-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 
91-25-13.)"; and

10on page 2, after line 26 by inserting:


11 "Section 99. Effective date. This Act takes effect upon 
12becoming law.".