UPDATED: Burr Ridge Resident Pleads Not Guilty to Baseball Bat Beating Charges

UPDATED 12:04 p.m. on June 12

The same day that Gov. Pat Quinn signed a new law that toughens penalties for gang crime in Illinois, a resident was informed that he has been indicted on 22 charges in a case the DuPage County State's Attorney said is gang-related.

The felony charges against Burr Ridge resident Nicolas Sanchez, 18, are related to .

Prosecutors say that on that day, Sanchez and Jeremy Rush, 20, of Addison, chased down and beat two men with a baseball bat, robbing one of them. One of the victims was sent to Elmhurst Hospital with a broken nose and bleeding to the brain. The other also suffered a broken nose.

"None of these charges are probational," DuPage County Assistant State's Attorney Jennifer Lindt said in court Monday. Lindt told Judge Robert Kleeman that the state's attorney's office may ask for extended term sentencing for Sanchez, which calls for enhanced penalties for certain offenses.

Under current Illinois statutes, offenses that are "exceptionally brutal or heinous" can carry extended term or natural life sentences if certain factors exist.

According to DuPage County State's Attorney Robert Berlin, the law signed by Quinn Monday makes it possible for people convicted of a Class 2 Felony or higher to have an extended sentence imposed.

Gang members convicted of criminal conspiracy under the new law could face more than 30 years in prison depending on the associated crimes, and fines of up to $250,000 or twice the gross amount of any criminal proceeds.

House Bill 1907, sponsored by Sen. Tony Munoz (D-Chicago) and Rep. Mike Zalewski (D-Chicago), is modeled off the federal Racketeer Influenced and Corrupt Organizations (RICO) Act that was designed to help law enforcement fight organized crime by treating criminal acts committed by members of the group as part of an ongoing criminal enterprise.

According to Berlin, to be convicted under the new law, three prior felonies must have been committed after the date the law went into effect (June 11, 2012.)

Sanchez has been indicted on 1 Class X felony for armed robbery, several Class 3 felonies for aggravated battery, as well as several Class 2 felonies for armed violence. He also is facing a Class 1 felony for attempted robbery.

Because the indictments are for crimes committed before June 11, however, they would not fall under the new law.

"For example, we can't use felonies that were committed six months ago," said Berlin about the law. "All three felonies have to occur after the effective date of the law."

Although the crimes for which Sanchez is charged do not carry mandatory extended term sentencing, the State's Attorney's office can argue for extended term sentencing if it is proven that the crimes were gang-related.

Sanchez and Rush were both in court Monday. Both pleaded not guilty to the charges against them. Rush is due back in court July 10, and Sanchez and is due back in court July 11.

*Editor's Note: This story has been updated since the time of its original publication. In the original version, the fourth paragraph read that the State's Attorney's Office plans to ask for extended term sentencing for Sanchez. The words "plan to" have been changed to "may," because the SAO has not announced definitely that this is the course of action it will take.