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| Public Act 094-0375 |
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AN ACT concerning driving offenses, which may be referred | ||||
to as Matt's Law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 5-5-3.2 and 5-6-1 as follows:
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(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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Sec. 5-5-3.2. Factors in Aggravation.
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(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:
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(1) the defendant's conduct caused or threatened | ||||
serious harm;
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(2) the defendant received compensation for committing | ||||
the offense;
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(3) the defendant has a history of prior delinquency or | ||||
criminal activity;
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(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;
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(5) the defendant held public office at the time of the | ||||
offense,
and the offense related to the conduct of that | ||||
office;
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(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;
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(7) the sentence is necessary to deter others from | ||||
committing
the same crime;
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(8) the defendant committed the offense against a | ||||
person 60 years of age
or older or such person's property;
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(9) the defendant committed the offense against a | ||
person who is
physically handicapped or such person's | ||
property;
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(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" means heterosexuality, homosexuality, or | ||
bisexuality;
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(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;
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(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,
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conditional discharge, or mandatory supervised release | ||
under subsection (d)
of Section 5-8-1
for a prior felony;
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(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;
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(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 12-12 of the Criminal Code
of 1961, | ||
teacher, scout leader, baby sitter, or day care worker, in
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relation to a victim under 18 years of age, and the | ||
defendant committed an
offense in violation of Section | ||
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||
against
that victim;
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(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;
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(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
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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, 11-15.1, 11-17.1, 11-18.1,
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11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||
33A-2 of the Criminal Code of
1961;
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(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:
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Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||
33A-2 of the Criminal
Code of 1961;
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(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 | ||
1961;
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(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; or
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(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; | ||
or
.
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(20) 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.
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For the purposes of this Section:
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"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
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"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.
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(b) The following factors may be considered by the court as
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reasons to impose an extended term sentence under Section 5-8-2
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upon any offender:
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(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
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(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
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(3) 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; or
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(4) When a defendant is convicted of any felony | ||
committed against:
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(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
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(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
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(iii) a person physically handicapped at the time | ||
of the offense or
such person's property; or
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(5) In the case of a defendant convicted of aggravated | ||
criminal sexual
assault or criminal sexual assault, when | ||
the court finds 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; or
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(6) 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:
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(i) the brutalizing or torturing of humans or | ||
animals;
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(ii) the theft of human corpses;
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(iii) the kidnapping of humans;
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(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or | ||
other building or property; or
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(v) ritualized abuse of a child; or
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(7) 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, when such conviction has occurred within 10 years
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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
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(8) 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
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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
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activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
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(9) When a defendant is convicted of a felony violation | ||
of Section 24-1
of the Criminal Code of 1961 and the court | ||
finds that the defendant is a member
of an organized gang; | ||
or
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(10) When a defendant committed the offense using a | ||
firearm with a
laser sight attached to it. For purposes of | ||
this paragraph (10), "laser sight"
has the meaning ascribed | ||
to it in Section 24.6-5 of the Criminal Code of
1961; or
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(11) 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
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(12) When a defendant commits an offense involving the | ||
illegal
manufacture of a controlled substance under | ||
Section 401 of the Illinois
Controlled Substances Act or | ||
the illegal possession of explosives and an
emergency | ||
response
officer in
the performance of his or her duties is
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killed or injured at the scene of the offense while | ||
responding to the
emergency caused by the commission of the | ||
offense.
In this paragraph (12),
"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
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room personnel.
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(b-1) 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.
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(c) The court may impose an extended term sentence under | ||
Section 5-8-2
upon any offender who was convicted of aggravated | ||
criminal sexual assault
or predatory criminal sexual assault of | ||
a child under subsection (a)(1) of
Section 12-14.1 of
the | ||
Criminal Code of 1961
where the victim was under 18 years of | ||
age at the time of the commission
of the offense.
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(d) The court may impose an extended term sentence under | ||
Section 5-8-2 upon
any offender who was convicted of unlawful | ||
use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||
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.
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(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | ||
91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | ||
91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | ||
4-13-00; 92-266, eff. 1-1-02.)
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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Sec. 5-6-1. Sentences of Probation and of Conditional
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Discharge and Disposition of Supervision.
The General Assembly | ||
finds that in order to protect the public, the
criminal justice | ||
system must compel compliance with the conditions of probation
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by responding to violations with swift, certain and fair | ||
punishments and
intermediate sanctions. The Chief Judge of each | ||
circuit shall adopt a system of
structured, intermediate | ||
sanctions for violations of the terms and conditions
of a | ||
sentence of probation, conditional discharge or disposition of
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supervision.
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(a) Except where specifically prohibited by other
| ||
provisions of this Code, the court shall impose a sentence
of | ||
probation or conditional discharge upon an offender
unless, | ||
having regard to the nature and circumstance of
the offense, | ||
and to the history, character and condition
of the offender, | ||
the court is of the opinion that:
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(1) his imprisonment or periodic imprisonment is | ||
necessary
for the protection of the public; or
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(2) probation or conditional discharge would deprecate
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the seriousness of the offender's conduct and would be
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inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or | ||
consecutive probation when an offender has been admitted | ||
into a drug court program under Section 20 of the Drug | ||
Court Treatment Act is necessary for the protection of the | ||
public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of | ||
probation,
conditional discharge, or supervision, that the | ||
probation agency may invoke any
sanction from the list of | ||
intermediate sanctions adopted by the chief judge of
the | ||
circuit court for violations of the terms and conditions of the | ||
sentence of
probation, conditional discharge, or supervision, | ||
subject to the provisions of
Section 5-6-4 of this Act.
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(b) The court may impose a sentence of conditional
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discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
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(b-1) Subsections (a) and (b) of this Section do not apply | ||
to a defendant charged with a misdemeanor or felony under the | ||
Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||
the Criminal Code of 1961 if the defendant within the past 12 | ||
months has been convicted of or pleaded guilty to a misdemeanor | ||
or felony under the Illinois Vehicle Code or reckless homicide | ||
under Section 9-3 of the Criminal Code of 1961.
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(c) The court may, upon a plea of guilty or a stipulation
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by the defendant of the facts supporting the charge or a
| ||
finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A | ||
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | ||
31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | ||
(1) through (5), (8), (10), and (11) of subsection (a) of | ||
Section
24-1; (ii) a Class A misdemeanor violation of Section
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3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | ||
(iii)
felony.
If the defendant
is not barred from receiving an | ||
order for supervision as provided in this
subsection, the court | ||
may enter an order for supervision after considering the
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circumstances of the offense, and the history,
character and | ||
condition of the offender, if the court is of the opinion
that:
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(1) the offender is not likely to commit further | ||
crimes;
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(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
| ||
(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
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(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
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(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
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The court shall consider the statement of the prosecuting
| ||
authority with regard to the standards set forth in this | ||
Section.
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(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16A-3 of the Criminal | ||
Code of 1961 if said
defendant has within the last 5 years | ||
been:
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(1) convicted for a violation of Section 16A-3 of the | ||
Criminal Code of
1961; or
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(2) assigned supervision for a violation of Section | ||
16A-3 of the Criminal
Code of 1961.
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The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||
Section 11-1414
of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance.
| ||
(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
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defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
| ||
(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||
Code or a similar provision of a local
ordinance.
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
| ||
(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and | ||
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
| ||
Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
| ||
(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
| ||
(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
| ||
provision of a local ordinance.
| ||
(j) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance, a violation | ||
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | ||
Illinois Vehicle
Code, or a violation of Section 9-3 of the | ||
Criminal Code of 1961 if the
defendant has within the last 10 | ||
years been:
| ||
(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance.
| ||
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
| ||