Text of IL HB 3930 (2015)

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3930 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 720 ILCS 5/21-1.2 from Ch. 38, par. 21-1.2 730 ILCS 5/5-5-3.2 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Adds to the offense of institutional vandalism infliction of damage on a church, synagogue, mosque, cemetery, mortuary, school, educational facility, community center, similar structure, or grounds adjacent to, and owned or rented by an above designated place, because of the actual or perceived sexual orientation of another person or group. Provides that for purposes of the hate crime statute, the institutional vandalism statute, and the statute concerning aggravating factors in sentencing, "sexual orientation" has the meaning ascribed to it in the Illinois Human Rights Act (rather than heterosexuality, homosexuality, or bisexuality). LRB099 10134 RLC 30357 b A BILL FOR HB3930LRB099 10134 RLC 30357 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by changing 5Sections 12-7.1 and 21-1.2 as follows: 6 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) 7 Sec. 12-7.1. Hate crime. 8 (a) A person commits hate crime when, by reason of the 9actual or perceived race, color, creed, religion, ancestry, 10gender, sexual orientation, physical or mental disability, or 11national origin of another individual or group of individuals, 12regardless of the existence of any other motivating factor or 13factors, he commits assault, battery, aggravated assault, 14misdemeanor theft, criminal trespass to residence, misdemeanor 15criminal damage to property, criminal trespass to vehicle, 16criminal trespass to real property, mob action, disorderly 17conduct, harassment by telephone, or harassment through 18electronic communications as these crimes are defined in 19Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 2025-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 2126.5-3 of this Code, respectively. 22 (b) Except as provided in subsection (b-5), hate crime is a 23Class 4 felony for a first offense and a Class 2 felony for a HB3930- 2 -LRB099 10134 RLC 30357 b 1second or subsequent offense. 2 (b-5) Hate crime is a Class 3 felony for a first offense 3and a Class 2 felony for a second or subsequent offense if 4committed: 5 (1) in a church, synagogue, mosque, or other building, 6 structure, or place used for religious worship or other 7 religious purpose; 8 (2) in a cemetery, mortuary, or other facility used for 9 the purpose of burial or memorializing the dead; 10 (3) in a school or other educational facility, 11 including an administrative facility or public or private 12 dormitory facility of or associated with the school or 13 other educational facility; 14 (4) in a public park or an ethnic or religious 15 community center; 16 (5) on the real property comprising any location 17 specified in clauses (1) through (4) of this subsection 18 (b-5); or 19 (6) on a public way within 1,000 feet of the real 20 property comprising any location specified in clauses (1) 21 through (4) of this subsection (b-5). 22 (b-10) Upon imposition of any sentence, the trial court 23shall also either order restitution paid to the victim or 24impose a fine up to $1,000. In addition, any order of probation 25or conditional discharge entered following a conviction or an 26adjudication of delinquency shall include a condition that the HB3930- 3 -LRB099 10134 RLC 30357 b 1offender perform public or community service of no less than 2200 hours if that service is established in the county where 3the offender was convicted of hate crime. In addition, any 4order of probation or conditional discharge entered following a 5conviction or an adjudication of delinquency shall include a 6condition that the offender enroll in an educational program 7discouraging hate crimes if the offender caused criminal damage 8to property consisting of religious fixtures, objects, or 9decorations. The educational program may be administered, as 10determined by the court, by a university, college, community 11college, non-profit organization, or the Holocaust and 12Genocide Commission. Nothing in this subsection (b-10) 13prohibits courses discouraging hate crimes from being made 14available online. The court may also impose any other condition 15of probation or conditional discharge under this Section. 16 (c) Independent of any criminal prosecution or the result 17thereof, any person suffering injury to his person or damage to 18his property as a result of hate crime may bring a civil action 19for damages, injunction or other appropriate relief. The court 20may award actual damages, including damages for emotional 21distress, or punitive damages. A judgment may include 22attorney's fees and costs. The parents or legal guardians, 23other than guardians appointed pursuant to the Juvenile Court 24Act or the Juvenile Court Act of 1987, of an unemancipated 25minor shall be liable for the amount of any judgment for actual 26damages rendered against such minor under this subsection (c) HB3930- 4 -LRB099 10134 RLC 30357 b 1in any amount not exceeding the amount provided under Section 5 2of the Parental Responsibility Law. 3 (d) "Sexual orientation" has the meaning ascribed to it in 4paragraph (O-1) of Section 1-103 of the Illinois Human Rights 5Act means heterosexuality, homosexuality, or bisexuality. 6(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 797-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.) 8 (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2) 9 Sec. 21-1.2. Institutional vandalism. 10 (a) A person commits institutional vandalism when, by 11reason of the actual or perceived race, color, creed, religion, 12sexual orientation, or national origin of another individual or 13group of individuals, regardless of the existence of any other 14motivating factor or factors, he or she knowingly and without 15consent inflicts damage to any of the following properties: 16 (1) A church, synagogue, mosque, or other building, 17 structure or place used for religious worship or other 18 religious purpose; 19 (2) A cemetery, mortuary, or other facility used for 20 the purpose of burial or memorializing the dead; 21 (3) A school, educational facility or community 22 center; 23 (4) The grounds adjacent to, and owned or rented by, 24 any institution, facility, building, structure or place 25 described in paragraphs (1), (2) or (3) of this subsection HB3930- 5 -LRB099 10134 RLC 30357 b 1 (a); or 2 (5) Any personal property contained in any 3 institution, facility, building, structure or place 4 described in paragraphs (1), (2) or (3) of this subsection 5 (a). 6 (b) Sentence. 7 (1) Institutional vandalism is a Class 3 felony when 8 the damage to the property does not exceed $300. 9 Institutional vandalism is a Class 2 felony when the damage 10 to the property exceeds $300. Institutional vandalism is a 11 Class 2 felony for any second or subsequent offense. 12 (2) Upon imposition of any sentence, the trial court 13 shall also either order restitution paid to the victim or 14 impose a fine up to $1,000. In addition, any order of 15 probation or conditional discharge entered following a 16 conviction or an adjudication of delinquency shall include 17 a condition that the offender perform public or community 18 service of no less than 200 hours if that service is 19 established in the county where the offender was convicted 20 of institutional vandalism. The court may also impose any 21 other condition of probation or conditional discharge 22 under this Section. 23 (c) Independent of any criminal prosecution or the result 24of that prosecution, a person suffering damage to property or 25injury to his or her person as a result of institutional 26vandalism may bring a civil action for damages, injunction or HB3930- 6 -LRB099 10134 RLC 30357 b 1other appropriate relief. The court may award actual damages, 2including damages for emotional distress, or punitive damages. 3A judgment may include attorney's fees and costs. The parents 4or legal guardians of an unemancipated minor, other than 5guardians appointed under the Juvenile Court Act or the 6Juvenile Court Act of 1987, shall be liable for the amount of 7any judgment for actual damages rendered against the minor 8under this subsection in an amount not exceeding the amount 9provided under Section 5 of the Parental Responsibility Law. 10 (d) As used in this Section, "sexual orientation" has the 11meaning ascribed to it in paragraph (O-1) of Section 1-103 of 12the Illinois Human Rights Act. 13(Source: P.A. 97-1108, eff. 1-1-13.) 14 Section 10. The Unified Code of Corrections is amended by 15changing Section 5-5-3.2 as follows: 16 (730 ILCS 5/5-5-3.2) 17 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 18Sentencing. 19 (a) The following factors shall be accorded weight in favor 20of imposing a term of imprisonment or may be considered by the 21court as reasons to impose a more severe sentence under Section 225-8-1 or Article 4.5 of Chapter V: 23 (1) the defendant's conduct caused or threatened 24 serious harm; HB3930- 7 -LRB099 10134 RLC 30357 b 1 (2) the defendant received compensation for committing 2 the offense; 3 (3) the defendant has a history of prior delinquency or 4 criminal activity; 5 (4) the defendant, by the duties of his office or by 6 his position, was obliged to prevent the particular offense 7 committed or to bring the offenders committing it to 8 justice; 9 (5) the defendant held public office at the time of the 10 offense, and the offense related to the conduct of that 11 office; 12 (6) the defendant utilized his professional reputation 13 or position in the community to commit the offense, or to 14 afford him an easier means of committing it; 15 (7) the sentence is necessary to deter others from 16 committing the same crime; 17 (8) the defendant committed the offense against a 18 person 60 years of age or older or such person's property; 19 (9) the defendant committed the offense against a 20 person who is physically handicapped or such person's 21 property; 22 (10) by reason of another individual's actual or 23 perceived race, color, creed, religion, ancestry, gender, 24 sexual orientation, physical or mental disability, or 25 national origin, the defendant committed the offense 26 against (i) the person or property of that individual; (ii) HB3930- 8 -LRB099 10134 RLC 30357 b 1 the person or property of a person who has an association 2 with, is married to, or has a friendship with the other 3 individual; or (iii) the person or property of a relative 4 (by blood or marriage) of a person described in clause (i) 5 or (ii). For the purposes of this Section, "sexual 6 orientation" has the meaning ascribed to it in paragraph 7 (O-1) of Section 1-103 of the Illinois Human Rights Act 8 means heterosexuality, homosexuality, or bisexuality; 9 (11) the offense took place in a place of worship or on 10 the grounds of a place of worship, immediately prior to, 11 during or immediately following worship services. For 12 purposes of this subparagraph, "place of worship" shall 13 mean any church, synagogue or other building, structure or 14 place used primarily for religious worship; 15 (12) the defendant was convicted of a felony committed 16 while he was released on bail or his own recognizance 17 pending trial for a prior felony and was convicted of such 18 prior felony, or the defendant was convicted of a felony 19 committed while he was serving a period of probation, 20 conditional discharge, or mandatory supervised release 21 under subsection (d) of Section 5-8-1 for a prior felony; 22 (13) the defendant committed or attempted to commit a 23 felony while he was wearing a bulletproof vest. For the 24 purposes of this paragraph (13), a bulletproof vest is any 25 device which is designed for the purpose of protecting the 26 wearer from bullets, shot or other lethal projectiles; HB3930- 9 -LRB099 10134 RLC 30357 b 1 (14) the defendant held a position of trust or 2 supervision such as, but not limited to, family member as 3 defined in Section 11-0.1 of the Criminal Code of 2012, 4 teacher, scout leader, baby sitter, or day care worker, in 5 relation to a victim under 18 years of age, and the 6 defendant committed an offense in violation of Section 7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 8 11-14.4 except for an offense that involves keeping a place 9 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 10 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 11 or 12-16 of the Criminal Code of 1961 or the Criminal Code 12 of 2012 against that victim; 13 (15) the defendant committed an offense related to the 14 activities of an organized gang. For the purposes of this 15 factor, "organized gang" has the meaning ascribed to it in 16 Section 10 of the Streetgang Terrorism Omnibus Prevention 17 Act; 18 (16) the defendant committed an offense in violation of 19 one of the following Sections while in a school, regardless 20 of the time of day or time of year; on any conveyance 21 owned, leased, or contracted by a school to transport 22 students to or from school or a school related activity; on 23 the real property of a school; or on a public way within 24 1,000 feet of the real property comprising any school: 25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, HB3930- 10 -LRB099 10134 RLC 30357 b 1 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 2 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 3 18-2, or 33A-2, or Section 12-3.05 except for subdivision 4 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 5 Criminal Code of 2012; 6 (16.5) the defendant committed an offense in violation 7 of one of the following Sections while in a day care 8 center, regardless of the time of day or time of year; on 9 the real property of a day care center, regardless of the 10 time of day or time of year; or on a public way within 11 1,000 feet of the real property comprising any day care 12 center, regardless of the time of day or time of year: 13 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 14 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 15 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 16 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 17 18-2, or 33A-2, or Section 12-3.05 except for subdivision 18 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 19 Criminal Code of 2012; 20 (17) the defendant committed the offense by reason of 21 any person's activity as a community policing volunteer or 22 to prevent any person from engaging in activity as a 23 community policing volunteer. For the purpose of this 24 Section, "community policing volunteer" has the meaning 25 ascribed to it in Section 2-3.5 of the Criminal Code of 26 2012; HB3930- 11 -LRB099 10134 RLC 30357 b 1 (18) the defendant committed the offense in a nursing 2 home or on the real property comprising a nursing home. For 3 the purposes of this paragraph (18), "nursing home" means a 4 skilled nursing or intermediate long term care facility 5 that is subject to license by the Illinois Department of 6 Public Health under the Nursing Home Care Act, the 7 Specialized Mental Health Rehabilitation Act of 2013, or 8 the ID/DD Community Care Act; 9 (19) the defendant was a federally licensed firearm 10 dealer and was previously convicted of a violation of 11 subsection (a) of Section 3 of the Firearm Owners 12 Identification Card Act and has now committed either a 13 felony violation of the Firearm Owners Identification Card 14 Act or an act of armed violence while armed with a firearm; 15 (20) the defendant (i) committed the offense of 16 reckless homicide under Section 9-3 of the Criminal Code of 17 1961 or the Criminal Code of 2012 or the offense of driving 18 under the influence of alcohol, other drug or drugs, 19 intoxicating compound or compounds or any combination 20 thereof under Section 11-501 of the Illinois Vehicle Code 21 or a similar provision of a local ordinance and (ii) was 22 operating a motor vehicle in excess of 20 miles per hour 23 over the posted speed limit as provided in Article VI of 24 Chapter 11 of the Illinois Vehicle Code; 25 (21) the defendant (i) committed the offense of 26 reckless driving or aggravated reckless driving under HB3930- 12 -LRB099 10134 RLC 30357 b 1 Section 11-503 of the Illinois Vehicle Code and (ii) was 2 operating a motor vehicle in excess of 20 miles per hour 3 over the posted speed limit as provided in Article VI of 4 Chapter 11 of the Illinois Vehicle Code; 5 (22) the defendant committed the offense against a 6 person that the defendant knew, or reasonably should have 7 known, was a member of the Armed Forces of the United 8 States serving on active duty. For purposes of this clause 9 (22), the term "Armed Forces" means any of the Armed Forces 10 of the United States, including a member of any reserve 11 component thereof or National Guard unit called to active 12 duty; 13 (23) the defendant committed the offense against a 14 person who was elderly, disabled, or infirm by taking 15 advantage of a family or fiduciary relationship with the 16 elderly, disabled, or infirm person; 17 (24) the defendant committed any offense under Section 18 11-20.1 of the Criminal Code of 1961 or the Criminal Code 19 of 2012 and possessed 100 or more images; 20 (25) the defendant committed the offense while the 21 defendant or the victim was in a train, bus, or other 22 vehicle used for public transportation; 23 (26) the defendant committed the offense of child 24 pornography or aggravated child pornography, specifically 25 including paragraph (1), (2), (3), (4), (5), or (7) of 26 subsection (a) of Section 11-20.1 of the Criminal Code of HB3930- 13 -LRB099 10134 RLC 30357 b 1 1961 or the Criminal Code of 2012 where a child engaged in, 2 solicited for, depicted in, or posed in any act of sexual 3 penetration or bound, fettered, or subject to sadistic, 4 masochistic, or sadomasochistic abuse in a sexual context 5 and specifically including paragraph (1), (2), (3), (4), 6 (5), or (7) of subsection (a) of Section 11-20.1B or 7 Section 11-20.3 of the Criminal Code of 1961 where a child 8 engaged in, solicited for, depicted in, or posed in any act 9 of sexual penetration or bound, fettered, or subject to 10 sadistic, masochistic, or sadomasochistic abuse in a 11 sexual context; 12 (27) the defendant committed the offense of first 13 degree murder, assault, aggravated assault, battery, 14 aggravated battery, robbery, armed robbery, or aggravated 15 robbery against a person who was a veteran and the 16 defendant knew, or reasonably should have known, that the 17 person was a veteran performing duties as a representative 18 of a veterans' organization. For the purposes of this 19 paragraph (27), "veteran" means an Illinois resident who 20 has served as a member of the United States Armed Forces, a 21 member of the Illinois National Guard, or a member of the 22 United States Reserve Forces; and "veterans' organization" 23 means an organization comprised of members of which 24 substantially all are individuals who are veterans or 25 spouses, widows, or widowers of veterans, the primary 26 purpose of which is to promote the welfare of its members HB3930- 14 -LRB099 10134 RLC 30357 b 1 and to provide assistance to the general public in such a 2 way as to confer a public benefit; or 3 (28) the defendant committed the offense of assault, 4 aggravated assault, battery, aggravated battery, robbery, 5 armed robbery, or aggravated robbery against a person that 6 the defendant knew or reasonably should have known was a 7 letter carrier or postal worker while that person was 8 performing his or her duties delivering mail for the United 9 States Postal Service. 10 For the purposes of this Section: 11 "School" is defined as a public or private elementary or 12secondary school, community college, college, or university. 13 "Day care center" means a public or private State certified 14and licensed day care center as defined in Section 2.09 of the 15Child Care Act of 1969 that displays a sign in plain view 16stating that the property is a day care center. 17 "Public transportation" means the transportation or 18conveyance of persons by means available to the general public, 19and includes paratransit services. 20 (b) The following factors, related to all felonies, may be 21considered by the court as reasons to impose an extended term 22sentence under Section 5-8-2 upon any offender: 23 (1) When a defendant is convicted of any felony, after 24 having been previously convicted in Illinois or any other 25 jurisdiction of the same or similar class felony or greater 26 class felony, when such conviction has occurred within 10 HB3930- 15 -LRB099 10134 RLC 30357 b 1 years after the previous conviction, excluding time spent 2 in custody, and such charges are separately brought and 3 tried and arise out of different series of acts; or 4 (2) When a defendant is convicted of any felony and the 5 court finds that the offense was accompanied by 6 exceptionally brutal or heinous behavior indicative of 7 wanton cruelty; or 8 (3) When a defendant is convicted of any felony 9 committed against: 10 (i) a person under 12 years of age at the time of 11 the offense or such person's property; 12 (ii) a person 60 years of age or older at the time 13 of the offense or such person's property; or 14 (iii) a person physically handicapped at the time 15 of the offense or such person's property; or 16 (4) When a defendant is convicted of any felony and the 17 offense involved any of the following types of specific 18 misconduct committed as part of a ceremony, rite, 19 initiation, observance, performance, practice or activity 20 of any actual or ostensible religious, fraternal, or social 21 group: 22 (i) the brutalizing or torturing of humans or 23 animals; 24 (ii) the theft of human corpses; 25 (iii) the kidnapping of humans; 26 (iv) the desecration of any cemetery, religious, HB3930- 16 -LRB099 10134 RLC 30357 b 1 fraternal, business, governmental, educational, or 2 other building or property; or 3 (v) ritualized abuse of a child; or 4 (5) When a defendant is convicted of a felony other 5 than conspiracy and the court finds that the felony was 6 committed under an agreement with 2 or more other persons 7 to commit that offense and the defendant, with respect to 8 the other individuals, occupied a position of organizer, 9 supervisor, financier, or any other position of management 10 or leadership, and the court further finds that the felony 11 committed was related to or in furtherance of the criminal 12 activities of an organized gang or was motivated by the 13 defendant's leadership in an organized gang; or 14 (6) When a defendant is convicted of an offense 15 committed while using a firearm with a laser sight attached 16 to it. For purposes of this paragraph, "laser sight" has 17 the meaning ascribed to it in Section 26-7 of the Criminal 18 Code of 2012; or 19 (7) When a defendant who was at least 17 years of age 20 at the time of the commission of the offense is convicted 21 of a felony and has been previously adjudicated a 22 delinquent minor under the Juvenile Court Act of 1987 for 23 an act that if committed by an adult would be a Class X or 24 Class 1 felony when the conviction has occurred within 10 25 years after the previous adjudication, excluding time 26 spent in custody; or HB3930- 17 -LRB099 10134 RLC 30357 b 1 (8) When a defendant commits any felony and the 2 defendant used, possessed, exercised control over, or 3 otherwise directed an animal to assault a law enforcement 4 officer engaged in the execution of his or her official 5 duties or in furtherance of the criminal activities of an 6 organized gang in which the defendant is engaged; or 7 (9) When a defendant commits any felony and the 8 defendant knowingly video or audio records the offense with 9 the intent to disseminate the recording. 10 (c) The following factors may be considered by the court as 11reasons to impose an extended term sentence under Section 5-8-2 12(730 ILCS 5/5-8-2) upon any offender for the listed offenses: 13 (1) When a defendant is convicted of first degree 14 murder, after having been previously convicted in Illinois 15 of any offense listed under paragraph (c)(2) of Section 16 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 17 within 10 years after the previous conviction, excluding 18 time spent in custody, and the charges are separately 19 brought and tried and arise out of different series of 20 acts. 21 (1.5) When a defendant is convicted of first degree 22 murder, after having been previously convicted of domestic 23 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 24 (720 ILCS 5/12-3.3) committed on the same victim or after 25 having been previously convicted of violation of an order 26 of protection (720 ILCS 5/12-30) in which the same victim HB3930- 18 -LRB099 10134 RLC 30357 b 1 was the protected person. 2 (2) When a defendant is convicted of voluntary 3 manslaughter, second degree murder, involuntary 4 manslaughter, or reckless homicide in which the defendant 5 has been convicted of causing the death of more than one 6 individual. 7 (3) When a defendant is convicted of aggravated 8 criminal sexual assault or criminal sexual assault, when 9 there is a finding that aggravated criminal sexual assault 10 or criminal sexual assault was also committed on the same 11 victim by one or more other individuals, and the defendant 12 voluntarily participated in the crime with the knowledge of 13 the participation of the others in the crime, and the 14 commission of the crime was part of a single course of 15 conduct during which there was no substantial change in the 16 nature of the criminal objective. 17 (4) If the victim was under 18 years of age at the time 18 of the commission of the offense, when a defendant is 19 convicted of aggravated criminal sexual assault or 20 predatory criminal sexual assault of a child under 21 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 22 of Section 12-14.1 of the Criminal Code of 1961 or the 23 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). 24 (5) When a defendant is convicted of a felony violation 25 of Section 24-1 of the Criminal Code of 1961 or the 26 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a HB3930- 19 -LRB099 10134 RLC 30357 b 1 finding that the defendant is a member of an organized 2 gang. 3 (6) When a defendant was convicted of unlawful use of 4 weapons under Section 24-1 of the Criminal Code of 1961 or 5 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 6 a weapon that is not readily distinguishable as one of the 7 weapons enumerated in Section 24-1 of the Criminal Code of 8 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). 9 (7) When a defendant is convicted of an offense 10 involving the illegal manufacture of a controlled 11 substance under Section 401 of the Illinois Controlled 12 Substances Act (720 ILCS 570/401), the illegal manufacture 13 of methamphetamine under Section 25 of the Methamphetamine 14 Control and Community Protection Act (720 ILCS 646/25), or 15 the illegal possession of explosives and an emergency 16 response officer in the performance of his or her duties is 17 killed or injured at the scene of the offense while 18 responding to the emergency caused by the commission of the 19 offense. In this paragraph, "emergency" means a situation 20 in which a person's life, health, or safety is in jeopardy; 21 and "emergency response officer" means a peace officer, 22 community policing volunteer, fireman, emergency medical 23 technician-ambulance, emergency medical 24 technician-intermediate, emergency medical 25 technician-paramedic, ambulance driver, other medical 26 assistance or first aid personnel, or hospital emergency HB3930- 20 -LRB099 10134 RLC 30357 b 1 room personnel. 2 (8) When the defendant is convicted of attempted mob 3 action, solicitation to commit mob action, or conspiracy to 4 commit mob action under Section 8-1, 8-2, or 8-4 of the 5 Criminal Code of 2012, where the criminal object is a 6 violation of Section 25-1 of the Criminal Code of 2012, and 7 an electronic communication is used in the commission of 8 the offense. For the purposes of this paragraph (8), 9 "electronic communication" shall have the meaning provided 10 in Section 26.5-0.1 of the Criminal Code of 2012. 11 (d) For the purposes of this Section, "organized gang" has 12the meaning ascribed to it in Section 10 of the Illinois 13Streetgang Terrorism Omnibus Prevention Act. 14 (e) The court may impose an extended term sentence under 15Article 4.5 of Chapter V upon an offender who has been 16convicted of a felony violation of Section 11-1.20, 11-1.30, 1711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 1812-16 of the Criminal Code of 1961 or the Criminal Code of 2012 19when the victim of the offense is under 18 years of age at the 20time of the commission of the offense and, during the 21commission of the offense, the victim was under the influence 22of alcohol, regardless of whether or not the alcohol was 23supplied by the offender; and the offender, at the time of the 24commission of the offense, knew or should have known that the 25victim had consumed alcohol. 26(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, HB3930- 21 -LRB099 10134 RLC 30357 b 1eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; 297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. 31-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. 47-16-14.)

Public Act 099-0077 HB3930 EnrolledLRB099 10134 RLC 30357 b AN ACT concerning criminal law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Criminal Code of 2012 is amended by changing Sections 12-7.1 and 21-1.2 as follows: (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) Sec. 12-7.1. Hate crime. (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively. (b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. (b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed: (1) in a church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose; (2) in a cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead; (3) in a school or other educational facility, including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility; (4) in a public park or an ethnic or religious community center; (5) on the real property comprising any location specified in clauses (1) through (4) of this subsection (b-5); or (6) on a public way within 1,000 feet of the real property comprising any location specified in clauses (1) through (4) of this subsection (b-5). (b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. The educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Nothing in this subsection (b-10) prohibits courses discouraging hate crimes from being made available online. The court may also impose any other condition of probation or conditional discharge under this Section. (c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. (d) "Sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act means heterosexuality, homosexuality, or bisexuality. (Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.) (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2) Sec. 21-1.2. Institutional vandalism. (a) A person commits institutional vandalism when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she knowingly and without consent inflicts damage to any of the following properties: (1) A church, synagogue, mosque, or other building, structure or place used for religious worship or other religious purpose; (2) A cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead; (3) A school, educational facility or community center; (4) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or (5) Any personal property contained in any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a). (b) Sentence. (1) Institutional vandalism is a Class 3 felony when the damage to the property does not exceed $300. Institutional vandalism is a Class 2 felony when the damage to the property exceeds $300. Institutional vandalism is a Class 2 felony for any second or subsequent offense. (2) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section. (c) Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. (d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act. (Source: P.A. 97-1108, eff. 1-1-13.) Section 10. The Unified Code of Corrections is amended by changing Section 5-5-3.2 as follows: (730 ILCS 5/5-5-3.2) Sec. 5-5-3.2. Factors in Aggravation and Extended-Term Sentencing. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened serious harm; (2) the defendant received compensation for committing the offense; (3) the defendant has a history of prior delinquency or criminal activity; (4) the defendant, by the duties of his office or by his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice; (5) the defendant held public office at the time of the offense, and the offense related to the conduct of that office; (6) the defendant utilized his professional reputation or position in the community to commit the offense, or to afford him an easier means of committing it; (7) the sentence is necessary to deter others from committing the same crime; (8) the defendant committed the offense against a person 60 years of age or older or such person's property; (9) the defendant committed the offense against a 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" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act 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 11-0.1 of the Criminal Code of 2012, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012; (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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012; (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 2012; (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, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act; (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; (20) the defendant (i) committed the offense of reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 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; (21) the defendant (i) committed the offense of reckless driving or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code 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; (22) the defendant committed the offense against a person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty. For purposes of this clause (22), the term "Armed Forces" means any of the Armed Forces of the United States, including a member of any reserve component thereof or National Guard unit called to active duty; (23) the defendant committed the offense against a person who was elderly, disabled, or infirm by taking advantage of a family or fiduciary relationship with the elderly, disabled, or infirm person; (24) the defendant committed any offense under Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and possessed 100 or more images; (25) the defendant committed the offense while the defendant or the victim was in a train, bus, or other vehicle used for public transportation; (26) the defendant committed the offense of child pornography or aggravated child pornography, specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context; (27) the defendant committed the offense of first degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization. For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and "veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit; or (28) the defendant committed the offense of assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was performing his or her duties delivering mail for the United States Postal Service. 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. "Public transportation" means the transportation or conveyance of persons by means available to the general public, and includes paratransit services. (b) The following factors, related to all felonies, 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 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 (4) 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 (5) 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 (6) When a defendant is convicted of an offense committed while using a firearm with a laser sight attached to it. For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or (7) 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 (8) When a defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged; or (9) When a defendant commits any felony and the defendant knowingly video or audio records the offense with the intent to disseminate the recording. (c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and the charges are separately brought and tried and arise out of different series of acts. (1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person. (2) 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. (3) When a defendant is convicted of aggravated criminal sexual assault or criminal sexual assault, when there is a finding 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. (4) If the victim was under 18 years of age at the time of the commission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). (5) When a defendant is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a finding that the defendant is a member of an organized gang. (6) When a defendant was convicted of unlawful use of weapons under Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). (7) When a defendant is convicted of an offense involving the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), 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, "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. (8) When the defendant is convicted of attempted mob action, solicitation to commit mob action, or conspiracy to commit mob action under Section 8-1, 8-2, or 8-4 of the Criminal Code of 2012, where the criminal object is a violation of Section 25-1 of the Criminal Code of 2012, and an electronic communication is used in the commission of the offense. For the purposes of this paragraph (8), "electronic communication" shall have the meaning provided in Section 26.5-0.1 of the Criminal Code of 2012. (d) 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. (e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol. (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. 7-16-14.)