Ill. Pattern Jury Instr. (Criminal) 28.03

To sustain the allegation made in connection with the offense of ______, the State must

prove the following proposition:

That

[1] during the commission of the offense of ______ the defendant [(was armed with a

firearm) (personally discharged a firearm) (personally discharged a firearm that proximately

caused [great bodily harm] [permanent disability] [permanent disfigurement] [death] to another

person.] [A person is considered to have “personally discharged a firearm” when he, while armed

with a firearm, knowingly and intentionally fires a firearm causing the ammunition projectile to

be forcefully expelled from the firearm].

[or]

[2] when the defendant committed the offense of ______ the ______ was accompanied

by exceptionally brutal or heinous behavior indicative of wanton cruelty. The word “brutal”

means cruel and cold blooded, grossly ruthless, or devoid of mercy or compassion. The word

“heinous” means enormously and flagrantly criminal, hatefully or shockingly evil, or grossly

bad. The term “wanton cruelty” means consciously seeking to inflict pain and suffering on the

victim of the offense.

[or]

[3] the defendant committed the offense of ______ against a person [(under 12 years of

age) (60 years of age or older) (physically handicapped)] at the time of the offense (or against

such person's property).

[or]

[4] when the defendant committed the offense of [(aggravated criminal sexual assault)

(criminal sexual assault)], the offense was committed on the same victim by one or more other

individuals and the defendant voluntarily participated in the crime with the knowledge of the

participation of the others in the crime and the commission of the crime was part of a single

course of conduct during which there was no substantial change in the nature of the criminal

objective.

[or]

[5] ______ was under 18 years of age at the time of the commission of the aggravated

criminal sexual assault.

[or]

[6] when the ______ was committed by the defendant the ____ involved [(any) (the

following type(s) o f)] misconduct committed as part of a ceremony, rite, initiation, observance,

performance, practice or activity of any actual or ostensible religious, fraternal or social group

[(the brutalizing or torturing of humans or animals) (the theft of human corpses) (the kidnapping

of human) (the desecration of any cemetery, religious, fraternal, business, governmental,

educational, or other building or property) (ritualized abuse of a child)].

[or]

[7] the defendant committed the offense of ______ under an agreement with two 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 an d the commission of the offense of ____ 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. The term “organized gang” means any combination, confederation, al liance,

network, conspiracy, understanding, or other similar conjoining, in law or in fact, of three or

more persons with an established hierarchy that through its membership or through the agency of

any member engages in a course or pattern of criminal activity.

[or]

[8] when the defendant committed the offense of unlawful use of weapons the defendant

was a member of an organized gang. The term “organized gang” means any combination,

confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law

or in fact, of three or more persons with an established hierarchy that through its membership or

through the agency of any member engages in a course or pattern of criminal activity.

[or]

[9] when the defendant committed the offense of ______ he used a firearm with a laser

sight attached to it. The term “laser sight” means a laser pointer that can be attached to a firearm

and can be used to improve the accuracy of the firearm. A “laser pointer” means a hand -held

device that emits light amplified by the stimulated emission of a radiation that is visible to the

human eye.

[or]

[10] when the defendant committed the offense of ______ an emergency response officer

in the performance of his duties is killed or injured at the scene of the offense while responding

to the emergency caused by the commission of the offense. The word “emergency” means a

situation in which a person's life, health, or safety is in jeopardy. The term “emergency response

officer” means a peace officer, co mmunity 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.

[or]

[11] when the defendant committed the offense of ______ the defendant [(used),

(possessed), (exercised control over), (or) (otherwise directed)] an animal to assault a law

enforcement officer [(engaged in the execution of his official duties) (or) (in furtherance of the

criminal activities of an organized gang in which the defendant is engaged)]. [The term

“organized gang” means any combination, confederation, alliance, network, conspiracy,

understanding, or other similar conjoining, in law or in fact, of three or more persons with an

established hierarchy that, through its membership or through the agency of any member engages

in a course or pattern of criminal activity].

[or]

[12] the defendant committed the offense of [(aggravated battery) (domestic battery)

(aggravated domestic battery) (unlawful restraint) (aggravated unlawful restraint)] in the

presence of a child. A “child” means a person under 18 years of age who is the defendant's or

victim's child or step child or who is a minor child residing within or visiting the household of

the defendant or victim. “In the presence of a child” means in the physical presence of a child or

knowing or having reason to know that a child is present and may see or hear an act constitut ing

[(aggravated battery) (domestic battery) (aggravated domestic battery) (unlawful restraint)

(aggravated unlawful restraint)].

[or]

[13] when the defendant committed the offense of solicitation of murder the person

solicited was a person under the age of 17 years.

[or]

[14] when the defendant committed the offense of first degree murder

a) the defendant had attained the age of 17 or more and the defendant murdered an

individual under 12 years of age.

[or]

b) the defendant murdered a [(peace officer) (fireman) (emergency management worker)]

when the [(police officer) (fireman) (emergency management worker)] was killed [(in the course

of performing his official duties) (to prevent the [(police officer) (fireman) (emergency

management worker)] from performing his official duties)] (in retaliation for the [(police officer)

(fireman) (emergency management worker)] from performing his official duties)] and the

defendant knew or should have known that the murdered individual was a [(police officer)

(fireman) (emergency management worker)].

[The term “emergency management worker” means (any person, paid or unpaid, who is a

member of a local or county emergency services and disaster agency as defined by the Illinois

Emergency Management Agency Act, or who is an employee of the Illinois Emergency

Management Agency or the Federal Emergency Management Agency) (any employee or

volunteer of the Red Cross) (any employee of a federal, state, county or local government agency

assisting an emergency services an d disaster agency, the Illinois Emergency Management

Agency, or the Federal Emergency Management Agency through mutual aid or as otherwise

requested or directed in time of disaster or emergency) (any person volunteering or directed to

assist an emergency services and disaster agency, the Illinois Emergency Management Agency,

or the Federal Emergency Management Agency)].

[or]

c) the defendant murdered an employee of an institution or facility of the Department of

Corrections or any similar local correctional agency, and the employee was killed [(in the course

of performing his official duties) (to prevent the employee from performing his official duties)

(in retaliation for the employee performing his official duties)].

[or]

d) the defendant murdered an [(emergency medical technician -ambulance) (emergency

medical technician-intermediate) (emergency medical technician -paramedic) (ambulance driver

or other medical assistance or first aid per son)] while employed by a municipality or other

governmental unit when the person was killed [(in the course of performing official duties) (to

prevent the person from performing official duties) (in retaliation for performing official duties)]

and the defendant knew or should have known that the murdered individual was an [(emergency

medical technician -ambulance) (emergency medical technician -intermediate) (emergency

medical technician -paramedic) (ambulance driver or other medical assistant or first aid

personnel)].

[The term “emergency medical technician -intermediate” means a person who has

successfully completed a course of instruction in intermediate life support as prescribed by the

Illinois Department of Public Health, is currently license by the Department, and practices within

an Intermediate or Advanced Life Support EMS System].

[The term “emergency medical technician -paramedic” means a person, who has

successfully completed a course of instruction in advanced life support care as prescribed by the

Illinois Department of Public Health, is license by the Department and practices within an

Advanced Life Support EMS System].

[or]

e) the defendant murdered a person under 12 years of age and the murder was committed

during the course of [(aggravated criminal sexual assault) (criminal sexual assault) (aggravated

kidnapping)].

[or]

f) the murder was committed 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.

The term “community policing volunteer” means a person who is summoned or directed

by a peace officer or any person actively participating in a community policing program and who

is engaged in lawful conduct intended to assist any unit of government in enforcing any criminal

or civil law. The term “community policing program” means any plan, system or strategy

established by and conducted under the auspices of a law enforcement agency in which citizens

participate with and are guided by the l aw enforcement agency and work with members of that

agency to reduce or prevent crime within a defined geographic area.

[or]

[15] the defendant at the time of the commission of the offense of first degree murder had

attained the age of 18 or more; and

a) the murdered person was killed as a result of the hijacking of [(a)(an)] [(airplane)

(train) (ship) (bus) (public conveyance)].

[or]

b) the defendant [(committed the murder pursuant to a contract, agreement, or understanding by

which he was to recei ve money or anything of value in return for committing the murder)

(procured another to commit the murder for money or anything of value)].

[or]

c) the murdered person was killed in the course of another felony if

[1] [(the murdered person was actually killed by the defendant);

[or]

(the murdered person received physical injuries personally inflicted by the defendant

substantially contemporaneously with physical injuries caused by [(a person) (one or more

persons)] for whose conduct the defendant was legally responsible and the physical injuries

inflicted by either the defendant or other person(s) for whose conduct he is legally responsible

caused the death of the murdered person);]

and

[2] in performing the acts which caused the death of the murdered individual or which

resulted in physical injuries personally inflicted by the defendant on the murdered individual

substantially contemporaneously with physical injuries caused by [(a person) (one or more

persons)] for whose conduct the defendant was legally responsible, the defendant acted with the

intent to kill the murdered individual or with the knowledge that his acts created a strong

probability of death or great bodily harm to the murdered person (or another);

and

[3] the other felony [(was) (was one or more of the following:)] [(armed robbery)

(robbery) (armed violence) (predatory criminal sexual assault of a child) (aggravated criminal

sexual assault) (aggravated kidnapping) (aggravated vehicular hijacking) (aggravated arson)

(aggravated stalking) (residential burglary) (home invasion) [or] the attempt to commit ______)].

[or]

d) the murdered person was under 12 years of age and the death resulted from

exceptionally brutal or heinous behavior indicative of wanton cruelty. The word “brutal” means

cruel and coldblooded, grossly ruthless, or devoid of mercy or compassion. The word “heinous”

means enormously and flagrantly criminal, hatefully or shockingly evil, or grossly bad. The term

“wanton cruelty” means consciously seeki ng to inflict pain and suffering on the victim of the

offense.

[or]

e) the defendant committed the murder with intent to prevent the murdered person from

[(testifying or participating in any criminal investigation or prosecution) (giving material

assistance to the State in any investigation or prosecution, either against the defendant or

another)].

[or]

f) the defendant committed the murder because the murdered person was a witness in any

prosecution or gave material assistance to the State in any i nvestigation or prosecution, either

against the defendant or another.

[or]

g) the defendant, while [(committing the offense of ______) (engaged in a [(conspiracy)

(solicitation)] to commit the offense of ______)],

[i] (intentionally killed an individual)

[or]

[ii] [(counseled) (commanded) (induced) (procured) (caused) the intentional killing of the

murdered individual)].

[or]

h) the defendant was incarcerated in an institution or facility of the Department of

Corrections at the time of the murder, and while [(committing the offense of ______) (engaged

in a [(conspiracy) (solicitation)] to commit the offense of ______)], defendant

[i] (intentionally killed an individual)

[or]

[ii] (counseled) (commanded) (induced) (procured) (caused) the intentional killing of the

murdered individual)].

[or]

i) the murder was committed in a cold, calculated, and premeditated manner pursuant to a

preconceived plan, scheme, or design to take a human life by unlawful means, and the conduct of

the defendant created a reasonable expectation that the death of a human being would result

therefrom. “Cold” means not motivated by mercy or the emotion of the moment. “Calculated and

premeditated manner pursuant to a preconceived, plan, scheme, or design” means deliberated or

reflected upon for an extended period of time.

[or]

j) the defendant was a principal administrator, organizer, or leader of a calculated

criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all

other members of the conspiracy, and the defendant [(counseled) (commanded) (induced)

(procured) (caused)] the intentional killing of the murdered person.

[or]

k) the murder was intentional and involved the infliction of torture. The word “torture”

means the infliction of or subjection to extreme physical pain, motivated by an intent to increase

or prolong the pain, suffering, or agony of the victim.

[or]

l) the murder was committed as a result of the intentional discharge of a firearm by the defenda nt

from a motor vehicle and the victim was not present within the motor vehicle.

[or]

m) the murdered individual was 60 years of age or older and the death resulted from

exceptionally brutal or heinous behavior indicative of wanton cruelty. The word “ brutal” means

cruel and cold blooded, grossly ruthless, or devoid of mercy or compassion. The word “heinous”

means enormously and flagrantly criminal, hatefully or shockingly evil, or grossly bad. The term

“wanton cruelty” means consciously seeking to infl ict pain and suffering on the victim of the

offense.

[or]

n) the murdered individual was a disabled person and the defendant knew or should have

known that the murdered individual was disabled. A “disabled person” means a person who

suffers from a perm anent physical or mental impairment resulting from disease, an injury, a

functional disorder, or a congenital condition that renders the person incapable of adequately

providing for his or her own health or personal care.

[or]

o) the murdered person was subject to an order of protection and the murder was

committed by a person against whom the same order of protection was issued under the Illinois

Domestic Violence Act.

[or]

p) the murdered person was known by the defendant to be a [(teacher) (person)]

employed in any school and the [(teacher) (employee)] is upon [(the grounds of a school) (the

grounds adjacent to a school) (any part of a building used for school purposes)].

[or]

q) the murder was committed by the defendant [(in connection with) (as a result of)] the

offense of terrorism.

If you find from your consideration of all the evidence that the above proposition has

been proved beyond a reasonable doubt, then you should sign the verdict form finding that the

allegation was proven.

If you find from your consideration of all the evidence that the above proposition has not

been proved beyond a reasonable doubt, then you should sign the verdict form finding that the

allegation was not proven.