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Part F - Certain Aggravated Offenses

      (720 ILCS 5/Tit. III Pt. F heading)PART F. CERTAIN AGGRAVATED OFFENSES

      (720 ILCS 5/Art. 33A heading)ARTICLE 33A. ARMED VIOLENCE

(720 ILCS 5/33A‑1) (from Ch. 38, par. 33A‑1)     Sec. 33A‑1. Legislative intent and definitions.     (a) Legislative findings. The legislature finds and declares the following:         (1) The use of a dangerous weapon in the commission

of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense.

(2) Further, the use of a firearm greatly

facilitates the commission of a criminal offense because of the more lethal nature of a firearm and the greater perceived threat produced in those confronted by a person wielding a firearm. Unlike other dangerous weapons such as knives and clubs, the use of a firearm in the commission of a criminal felony offense significantly escalates the threat and the potential for bodily harm, and the greater range of the firearm increases the potential for harm to more persons. Not only are the victims and bystanders at greater risk when a firearm is used, but also the law enforcement officers whose duty is to confront and apprehend the armed suspect.

(3) Current law does contain offenses involving the

use or discharge of a gun toward or against a person, such as aggravated battery with a firearm, aggravated discharge of a firearm, and reckless discharge of a firearm; however, the General Assembly has legislated greater penalties for the commission of a felony while in possession of a firearm because it deems such acts as more serious.

(b) Legislative intent.         (1) In order to deter the use of firearms in the

commission of a felony offense, the General Assembly deems it appropriate for a greater penalty to be imposed when a firearm is used or discharged in the commission of an offense than the penalty imposed for using other types of weapons and for the penalty to increase on more serious offenses.

(2) With the additional elements of the discharge of

a firearm and great bodily harm inflicted by a firearm being added to armed violence and other serious felony offenses, it is the intent of the General Assembly to punish those elements more severely during commission of a felony offense than when those elements stand alone as the act of the offender.

(3) It is the intent of the 91st General Assembly

that should Public Act 88‑680 be declared unconstitutional for a violation of Article 4, Section 8 of the 1970 Constitution of the State of Illinois, the amendatory changes made by Public Act 88‑680 to Article 33A of the Criminal Code of 1961 and which are set forth as law in this amendatory Act of the 91st General Assembly are hereby reenacted by this amendatory Act of the 91st General Assembly.

(c) Definitions.         (1) "Armed with a dangerous weapon". A person is

considered armed with a dangerous weapon for purposes of this Article, when he or she carries on or about his or her person or is otherwise armed with a Category I, Category II, or Category III weapon.

(2) A Category I weapon is a handgun, sawed‑off

shotgun, sawed‑off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24‑1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. As used in this subsection (b) "semiautomatic firearm" means a repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.

(3) A Category III weapon is a bludgeon, black‑jack,

slungshot, sand‑bag, sand‑club, metal knuckles, billy, or other dangerous weapon of like character.

(Source: P.A. 91‑404, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

    (720 ILCS 5/33A‑2)(from Ch. 38, par. 33A‑2)
    Sec. 33A‑2. Armed violence‑Elements of the offense.
    (a) A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
    (b) A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
    (c) A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
    (d) This Section does not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code.
(Source: P.A. 95‑688, eff. 10‑23‑07.)

    (720 ILCS 5/33A‑3)(from Ch. 38, par. 33A‑3)
    Sec. 33A‑3. Sentence.
    (a) Violation of Section 33A‑2(a) with a Category I weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 15 years.
    (a‑5) Violation of Section 33A‑2(a) with a Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 10 years.
    (b) Violation of Section 33A‑2(a) with a Category III weapon is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty. A second or subsequent violation of Section 33A‑2(a) with a Category III weapon is a Class 1 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
    (b‑5) Violation of Section 33A‑2(b) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 20 years.
    (b‑10) Violation of Section 33A‑2(c) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 25 years nor more than 40 years.
    (c) Unless sentencing under subsection (a) of Section 5‑4.5‑95 of the Unified Code of Corrections (730 ILCS 5/5‑4.5‑95) is applicable, any person who violates subsection (a) or (b) of Section 33A‑2 with a firearm, when that person has been convicted in any state or federal court of 3 or more of the following offenses: treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, arson, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement, a violation of the Methamphetamine Control and Community Protection Act, or a violation of Section 401(a) of the Illinois Controlled Substances Act, when the third offense was committed after conviction on the second, the second offense was committed after conviction on the first, and the violation of Section 33A‑2 was committed after conviction on the third, shall be sentenced to a term of imprisonment of not less than 25 years nor more than 50 years.
    (c‑5) Except as otherwise provided in paragraph (b‑10) or (c) of this Section, a person who violates Section 33A‑2(a) with a firearm that is a Category I weapon or Section 33A‑2(b) in any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on the real property comprising any school or public park, and where the offense was related to the activities of an organized gang, shall be sentenced to a term of imprisonment of not less than the term set forth in subsection (a) or (b‑5) of this Section, whichever is applicable, and not more than 30 years. For the purposes of this subsection (c‑5), "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    (d) For armed violence based upon a predicate offense listed in this subsection (d) the court shall enter the sentence for armed violence to run consecutively to the sentence imposed for the predicate offense. The offenses covered by this provision are:
        (i) solicitation of murder,
        (ii) solicitation of murder for hire,
        (iii) heinous battery,
        (iv) aggravated battery of a senior citizen,
        (v) (blank),
        (vi) a violation of subsection (g) of Section 5 of

the Cannabis Control Act,

(vii) cannabis trafficking,         (viii) a violation of subsection (a) of Section 401

of the Illinois Controlled Substances Act,

(ix) controlled substance trafficking involving a

Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act,

(x) calculated criminal drug conspiracy,         (xi) streetgang criminal drug conspiracy, or         (xii) a violation of the Methamphetamine Control and

Community Protection Act.

(Source: P.A. 94‑556, eff. 9‑11‑05; 95‑688, eff. 10‑23‑07; 95‑1052, eff. 7‑1‑09.)

 
    (720 ILCS 5/Art. 33B heading)ARTICLE 33B. MANDATORY LIFE SENTENCE A THIRD OR SUBSEQUENT FORCIBLE OFFENSE (Repealed)(Source: Repealed by P.A. 95‑1052, eff. 7‑1‑09.)

      (720 ILCS 5/Art. 33C heading)ARTICLE 33C. DECEPTION RELATING TO CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES

(720 ILCS 5/33C‑1) (from Ch. 38, par. 33C‑1)     Sec. 33C‑1. Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑2) (from Ch. 38, par. 33C‑2)     Sec. 33C‑2. Willfully making a false statement. A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for the purpose of influencing the certification or denial of certification of any business entity as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑3) (from Ch. 38, par. 33C‑3)     Sec. 33C‑3. Willfully obstructing or impeding an official or employee of any agency in his investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Minority and Female Business Enterprise Council who is investigating the qualifications of a business entity which has requested certification as a minority owned business or a female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑4) (from Ch. 38, par. 33C‑4)     Sec. 33C‑4. Fraudulently obtaining public moneys reserved for disadvantaged business enterprises. Any person who, in the course of business, fraudulently obtains public moneys reserved for, or allocated or available to minority owned businesses or female owned businesses commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑5) (from Ch. 38, par. 33C‑5)     Sec. 33C‑5. Definitions. As used in this Article, "minority owned business", "female owned business", "State agency" and "certification" shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. (Source: P.A. 92‑16, eff. 6‑28‑01.)

      (720 ILCS 5/Art. 33D heading)ARTICLE 33D. CONTRIBUTING TO THE CRIMINAL DELINQUENCY OF A JUVENILE

(720 ILCS 5/33D‑1) (from Ch. 38, par. 33D‑1)     Sec. 33D‑1. (a) Contributing to the criminal delinquency of a juvenile. Any person of the age of 21 years and upwards, who with the intent to promote or facilitate the commission of an offense that is either a felony or misdemeanor, solicits, compels or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile.     (b) Sentence. Contributing to the criminal delinquency of a juvenile is a felony one grade higher than the offense committed, if the offense committed is a felony, except when the offense committed is first degree murder or a Class X felony. When the offense committed is first degree murder or a Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for first degree murder or a Class X felony, respectively. Contributing to the criminal delinquency of a juvenile is a misdemeanor one grade higher than the offense committed, if the offense committed is a misdemeanor, except when the offense committed is a Class A misdemeanor. If the offense committed is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of a juvenile is a Class 4 felony. (Source: P.A. 91‑337, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 33E heading)ARTICLE 33E. PUBLIC CONTRACTS

(720 ILCS 5/33E‑1) (from Ch. 38, par. 33E‑1)     Sec. 33E‑1. Interference with public contracting. It is the finding of the General Assembly that the cost to the public is increased and the quality of goods, services and construction paid for by public monies is decreased when contracts for such goods, services or construction are obtained by any means other than through independent noncollusive submission of bids or offers by individual contractors or suppliers, and the evaluation of those bids or offers by the governmental unit pursuant only to criteria publicly announced in advance. (Source: P.A. 85‑1295.)

(720 ILCS 5/33E‑2) (from Ch. 38, par. 33E‑2)     Sec. 33E‑2. Definitions. In this Act:     (a) "Public contract" means any contract for goods, services or construction let to any person with or without bid by any unit of State or local government.     (b) "Unit of State or local government" means the State, any unit of state government or agency thereof, any county or municipal government or committee or agency thereof, or any other entity which is funded by or expends tax dollars or the proceeds of publicly guaranteed bonds.     (c) "Change order" means a change in a contract term other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost of the contract or the time to completion.     (d) "Person" means any individual, firm, partnership, corporation, joint venture or other entity, but does not include a unit of State or local government.     (e) "Person employed by any unit of State or local government" means any employee of a unit of State or local government and any person defined in subsection (d) who is authorized by such unit of State or local government to act on its behalf in relation to any public contract.     (f) "Sheltered market" has the meaning ascribed to it in Section 8b of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.     (g) "Kickback" means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.     (h) "Prime contractor" means any person who has entered into a public contract.     (i) "Prime contractor employee" means any officer, partner, employee, or agent of a prime contractor.     (i‑5) "Stringing" means knowingly structuring a contract or job order to avoid the contract or job order being subject to competitive bidding requirements.     (j) "Subcontract" means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining goods or services of any kind under a prime contract.     (k) "Subcontractor" (1) means any person, other than the prime contractor, who offers to furnish or furnishes any goods or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and (2) includes any person who offers to furnish or furnishes goods or services to the prime contractor or a higher tier subcontractor.     (l) "Subcontractor employee" means any officer, partner, employee, or agent of a subcontractor. (Source: P.A. 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/33E‑3) (from Ch. 38, par. 33E‑3)     Sec. 33E‑3. Bid‑rigging. A person commits the offense of bid‑rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State or local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid which would otherwise not be disclosed to a competitor in an independent noncollusive submission of bids or (2) submits a bid that is of such a price or other material term or terms that he does not intend the bid to be accepted.     Bid‑rigging is a Class 3 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be barred for 5 years from the date of conviction from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code. (Source: P.A. 86‑150.)

(720 ILCS 5/33E‑4) (from Ch. 38, par. 33E‑4)     Sec. 33E‑4. Bid rotating. A person commits the offense of bid rotating when, pursuant to any collusive scheme or agreement with another, he engages in a pattern over time (which, for the purposes of this Section, shall include at least 3 contract bids within a period of 10 years, the most recent of which occurs after the effective date of this amendatory Act of 1988) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. Bid rotating is a Class 2 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code. (Source: P.A. 86‑150.)

(720 ILCS 5/33E‑5) (from Ch. 38, par. 33E‑5)     Sec. 33E‑5. Acquisition or disclosure of bidding information by public official. (a) Any person who is an official of or employed by any unit of State or local government who knowingly opens a sealed bid at a time or place other than as specified in the invitation to bid or as otherwise designated by the State or unit of local government, or outside the presence of witnesses required by the applicable statute or ordinance, commits a Class 4 felony.     (b) Any person who is an official of or employed by any unit of State or local government who knowingly discloses to any interested person any information related to the terms of a sealed bid whether that information is acquired through a violation of subsection (a) or by any other means except as provided by law or necessary to the performance of such official's or employee's responsibilities relating to the bid, commits a Class 3 felony.     (c) It shall not constitute a violation of subsection (b) of this Section for any person who is an official of or employed by any unit of State or local government to make any disclosure to any interested person where such disclosure is also made generally available to the public.     (d) This Section only applies to contracts let by sealed bid. (Source: P.A. 86‑150.)

(720 ILCS 5/33E‑6) (from Ch. 38, par. 33E‑6)     Sec. 33E‑6. Interference with contract submission and award by public official. (a) Any person who is an official of or employed by any unit of State or local government who knowingly conveys, either directly or indirectly, outside of the publicly available official invitation to bid, pre‑bid conference, solicitation for contracts procedure or such procedure used in any sheltered market procurement adopted pursuant to law or ordinance by that unit of government, to any person any information concerning the specifications for such contract or the identity of any particular potential subcontractors, when inclusion of such information concerning the specifications or contractors in the bid or offer would influence the likelihood of acceptance of such bid or offer, commits a Class 4 felony. It shall not constitute a violation of this subsection to convey information intended to clarify plans or specifications regarding a public contract where such disclosure of information is also made generally available to the public.     (b) Any person who is an official of or employed by any unit of State or local government who, either directly or indirectly, knowingly informs a bidder or offeror that the bid or offer will be accepted or executed only if specified individuals are included as subcontractors commits a Class 3 felony.     (c) It shall not constitute a violation of subsection (a) of this Section where any person who is an official of or employed by any unit of State or local government follows procedures established by federal, State or local minority or female owned business enterprise programs.     (d) Any bidder or offeror who is the recipient of communications from the unit of government which he reasonably believes to be proscribed by subsections (a) or (b), and fails to inform either the Attorney General or the State's Attorney for the county in which the unit of government is located, commits a Class A misdemeanor.     (e) Any public official who knowingly awards a contract based on criteria which were not publicly disseminated via the invitation to bid, when such invitation to bid is required by law or ordinance, the pre‑bid conference, or any solicitation for contracts procedure or such procedure used in any sheltered market procurement procedure adopted pursuant to statute or ordinance, commits a Class 3 felony.     (f) It shall not constitute a violation of subsection (a) for any person who is an official of or employed by any unit of State or local government to provide to any person a copy of the transcript or other summary of any pre‑bid conference where such transcript or summary is also made generally available to the public. (Source: P.A. 86‑150.)

(720 ILCS 5/33E‑7) (from Ch. 38, par. 33E‑7)     Sec. 33E‑7. Kickbacks. (a) A person violates this Section when he knowingly either:     (1) provides, attempts to provide or offers to provide any kickback;     (2) solicits, accepts or attempts to accept any kickback; or     (3) includes, directly or indirectly, the amount of any kickback prohibited by paragraphs (1) or (2) of this subsection (a) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to any unit of State or local government for a public contract.     (b) Any person violates this Section when he has received an offer of a kickback, or has been solicited to make a kickback, and fails to report it to law enforcement officials, including but not limited to the Attorney General or the State's Attorney for the county in which the contract is to be performed.     (c) A violation of subsection (a) is a Class 3 felony. A violation of subsection (b) is a Class 4 felony.     (d) Any unit of State or local government may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct which violates paragraph (3) of subsection (a) of this Section in twice the amount of each kickback involved in the violation. This subsection (d) shall in no way limit the ability of any unit of State or local government to recover monies or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government knew or should have known that the conduct establishing t Copyright © 2012-2022 Laws9.Com All rights reserved. Contact Us | About Us | Terms | Privacy