HB3648 Enrolled

LRB094 11229 DRH 41956 b






1
    AN ACT concerning driving offenses, which may be referred 
2
to as Matt's Law.

 
3
    Be it enacted by the People of the State of Illinois,
 
4
represented in the General Assembly:

 
5
    Section 5. The Unified Code of Corrections is amended  by 
6
changing Sections 5-5-3.2 and 5-6-1 as follows:
 



7
    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)


8
    Sec. 5-5-3.2. Factors in Aggravation. 

9
    (a) The following factors shall be accorded weight in favor 
10
of
imposing a term of imprisonment or may be considered by the 
11
court as reasons
to impose a more severe sentence under Section 
12
5-8-1:


13
        (1) the defendant's conduct caused or threatened 
14
    serious harm;


15
        (2) the defendant received compensation for committing 
16
    the offense;


17
        (3) the defendant has a history of prior delinquency or 
18
    criminal activity;


19
        (4) the defendant, by the duties of his office or by 
20
    his position,
was obliged to prevent the particular offense 
21
    committed or to bring
the offenders committing it to 
22
    justice;


23
        (5) the defendant held public office at the time of the 
24
    offense,
and the offense related to the conduct of that 
25
    office;


26
        (6) the defendant utilized his professional reputation 
27
    or
position in the community to commit the offense, or to 
28
    afford
him an easier means of committing it;


29
        (7) the sentence is necessary to deter others from 
30
    committing
the same crime;


31
        (8) the defendant committed the offense against a 
32
    person 60 years of age
or older or such person's property;


 


 






HB3648 Enrolled
- 2 -
LRB094 11229 DRH 41956 b




1
        (9) the defendant committed the offense against a 
2
    person who is
physically handicapped or such person's 
3
    property;


4
        (10) by reason of another individual's actual or 
5
    perceived race, color,
creed, religion, ancestry, gender, 
6
    sexual orientation, physical or mental
disability, or 
7
    national origin, the defendant committed the offense 
8
    against (i)
the person or property
of that individual; (ii) 
9
    the person or property of a person who has an
association 
10
    with, is married to, or has a friendship with the other 
11
    individual;
or (iii) the person or property of a relative 
12
    (by blood or marriage) of a
person described in clause (i) 
13
    or (ii).  For the purposes of this Section,
"sexual 
14
    orientation" means heterosexuality, homosexuality, or 
15
    bisexuality;


16
        (11) the offense took place in a place of worship or on 
17
    the
grounds of a place of worship, immediately prior to, 
18
    during or immediately
following worship services.  For 
19
    purposes of this subparagraph, "place of
worship" shall 
20
    mean any church, synagogue or other building, structure or

21
    place used primarily for religious worship;


22
        (12) the defendant was convicted of a felony committed 
23
    while he was
released on bail or his own recognizance 
24
    pending trial for a prior felony
and was convicted of such 
25
    prior felony, or the defendant was convicted of a
felony 
26
    committed while he was serving a period of probation,

27
    conditional discharge, or mandatory supervised release 
28
    under subsection (d)
of Section 5-8-1
for a prior felony;


29
        (13) the defendant committed or attempted to commit a 
30
    felony while he
was wearing a bulletproof vest.  For the 
31
    purposes of this paragraph (13), a
bulletproof vest is any 
32
    device which is designed for the purpose of
protecting the 
33
    wearer from bullets, shot or other lethal projectiles;


34
        (14) the defendant held a position of trust or 
35
    supervision such as, but
not limited to, family member as 
36
    defined in Section 12-12 of the Criminal Code
of 1961, 
 


 






HB3648 Enrolled
- 3 -
LRB094 11229 DRH 41956 b




1
    teacher, scout leader, baby sitter, or day care worker, in

2
    relation to a victim under 18 years of age, and the 
3
    defendant committed an
offense in violation of Section 
4
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, 
5
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

6
    against
that victim;


7
        (15) the defendant committed an offense related to the 
8
    activities of an
organized gang.  For the purposes of this 
9
    factor, "organized gang" has the
meaning ascribed to it in 
10
    Section 10 of the Streetgang Terrorism Omnibus
Prevention 
11
    Act;


12
        (16) the defendant committed an offense in violation of 
13
    one of the
following Sections while in a school, regardless 
14
    of the time of day or time of
year; on any conveyance 
15
    owned, leased, or contracted by a school to transport

16
    students to or from school or a school related activity; on 
17
    the real property
of a school; or on a public way within 
18
    1,000 feet of the real property
comprising any school: 
19
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,

20
    11-19.1, 11-19.2,  12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
21
    12-6, 12-6.1,  12-13,
12-14, 12-14.1, 12-15, 12-16,  18-2, or 
22
    33A-2 of the Criminal Code of
1961;


23
        (16.5) the defendant committed an offense in violation 
24
    of one of the
following Sections while in a day care 
25
    center, regardless of the time of day or
time of year; on 
26
    the real property of a day care center, regardless of the 
27
    time
of day or time of year; or on a public
way within 
28
    1,000 feet of the real property comprising any day care 
29
    center,
regardless of the time of day or time of year:

30
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, 
31
    11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
32
    12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 
33
    33A-2 of the Criminal
Code of 1961;


34
        (17) the defendant committed the offense by reason of 
35
    any person's
activity as a community policing volunteer or 
36
    to prevent any person from
engaging in activity as a 
 


 






HB3648 Enrolled
- 4 -
LRB094 11229 DRH 41956 b




1
    community policing volunteer.  For the purpose of
this 
2
    Section, "community policing volunteer" has the meaning 
3
    ascribed to it in
Section 2-3.5 of the Criminal Code of 
4
    1961;


5
        (18) the defendant committed the offense in a nursing 
6
    home or on the
real
property comprising a nursing home.  For 
7
    the purposes of this paragraph (18),
"nursing home" means a 
8
    skilled nursing
or intermediate long term care facility 
9
    that is subject to license by the
Illinois Department of 
10
    Public Health under the Nursing Home Care
Act; or


11
        (19) the defendant was a federally licensed firearm 
12
    dealer
and
was
previously convicted of a violation of 
13
    subsection (a) of Section 3 of the
Firearm Owners 
14
    Identification Card Act and has now committed either a 
15
    felony
violation
of the Firearm Owners Identification Card 
16
    Act or an act of armed violence while
armed
with a firearm; 
17
    or
.

18
        (20) the defendant (i) committed the offense of 
19
    reckless driving or aggravated reckless driving  under 
20
    Section 11-503 of the Illinois Vehicle Code and (ii) was 
21
    operating a motor vehicle in excess of 20 miles per hour 
22
    over the posted speed limit as provided in Article VI of 
23
    Chapter 11 of the Illinois Vehicle Code.

24
    For the purposes of this Section:

25
    "School" is defined as a public or private
elementary or 
26
secondary school, community college, college, or university.

27
    "Day care center" means a public or private State certified 
28
and
licensed day care center as defined in Section 2.09 of the 
29
Child Care Act of
1969 that displays a sign in plain view 
30
stating that the
property is a day care center.

31
    (b) The following factors may be considered by the court as

32
reasons to impose an extended term sentence under Section 5-8-2

33
upon any offender:


34
        (1) When a defendant is convicted of any felony, after 
35
    having
been previously convicted in Illinois or any other 
36
    jurisdiction of the
same or similar class felony or greater 
 


 






HB3648 Enrolled
- 5 -
LRB094 11229 DRH 41956 b




1
    class felony, when such conviction
has occurred within 10 
2
    years after the
previous conviction, excluding time spent 
3
    in custody, and such charges are
separately brought and 
4
    tried and arise out of different series of acts; or


5
        (2) When a defendant is convicted of any felony and the 
6
    court
finds that the offense was accompanied by 
7
    exceptionally brutal
or heinous behavior indicative of 
8
    wanton cruelty; or


9
        (3) When a defendant is convicted of voluntary 
10
    manslaughter, second
degree murder, involuntary 
11
    manslaughter or reckless homicide in which the
defendant 
12
    has been convicted of causing the death of more than one 
13
    individual; or


14
        (4) When a defendant is convicted of any felony 
15
    committed against:


16
            (i) a person under 12 years of age at the time of 
17
        the offense or such
person's property;


18
            (ii) a person 60 years of age or older at the time 
19
        of the offense or
such person's property; or


20
            (iii) a person physically handicapped at the time 
21
        of the offense or
such person's property; or


22
        (5) In the case of a defendant convicted of aggravated 
23
    criminal sexual
assault or criminal sexual assault, when 
24
    the court finds that
aggravated criminal sexual assault or 
25
    criminal sexual assault
was also committed on the same 
26
    victim by one or more other individuals,
and the defendant 
27
    voluntarily participated in the crime with the knowledge
of 
28
    the participation of the others in the crime, and the 
29
    commission of the
crime was part of a single course of 
30
    conduct during which there was no
substantial change in the 
31
    nature of the criminal objective; or


32
        (6) When a defendant is convicted of any felony and the 
33
    offense
involved any of the following types of specific 
34
    misconduct committed as
part of a ceremony, rite, 
35
    initiation, observance, performance, practice or
activity 
36
    of any actual or ostensible religious, fraternal, or social 
 


 






HB3648 Enrolled
- 6 -
LRB094 11229 DRH 41956 b




1
    group:


2
            (i) the brutalizing or torturing of humans or 
3
        animals;


4
            (ii) the theft of human corpses;


5
            (iii) the kidnapping of humans;


6
            (iv) the desecration of any cemetery, religious, 
7
        fraternal, business,
governmental, educational, or 
8
        other building or property; or


9
            (v) ritualized abuse of a child; or


10
        (7) When a defendant is convicted of first degree 
11
    murder, after having
been previously convicted in Illinois 
12
    of any offense listed under paragraph
(c)(2) of Section 
13
    5-5-3, when such conviction has occurred within 10 years

14
    after the previous conviction, excluding time spent in 
15
    custody,
and such charges are separately brought and tried 
16
    and arise out of
different series of acts; or


17
        (8) When a defendant is convicted of a felony other 
18
    than conspiracy and
the court finds that
the felony was 
19
    committed under an agreement with 2 or more other persons

20
    to commit that offense and the defendant, with respect to 
21
    the other
individuals, occupied a position of organizer, 
22
    supervisor, financier, or any
other position of management 
23
    or leadership, and the court further finds that
the felony 
24
    committed was related to or in furtherance of the criminal

25
    activities of an organized gang or was motivated by the 
26
    defendant's leadership
in an organized gang; or


27
        (9) When a defendant is convicted of a felony violation 
28
    of Section 24-1
of the Criminal Code of 1961 and the court 
29
    finds that the defendant is a member
of an organized gang; 
30
    or


31
        (10) When a defendant committed the offense using a 
32
    firearm with a
laser sight attached to it.  For purposes of 
33
    this paragraph (10), "laser sight"
has the meaning ascribed 
34
    to it in Section 24.6-5 of the Criminal Code of
1961; or


35
        (11) When a defendant who was at least 17 years of age 
36
    at the
time of
the commission of the offense is convicted 
 


 






HB3648 Enrolled
- 7 -
LRB094 11229 DRH 41956 b




1
    of a felony and has been previously
adjudicated a 
2
    delinquent minor under the Juvenile Court Act of 1987 for 
3
    an act
that if committed by an adult would be a Class X or 
4
    Class 1 felony when the
conviction has occurred within 10 
5
    years after the previous adjudication,
excluding time 
6
    spent in custody; or


7
        (12) When a defendant commits an offense involving the 
8
    illegal
manufacture of a controlled substance under 
9
    Section 401 of the Illinois
Controlled Substances Act or 
10
    the illegal possession of explosives and an
emergency 
11
    response
officer in
the performance of his or her duties is

12
    killed or injured at the scene of the offense while 
13
    responding to the
emergency caused by the commission of the 
14
    offense.
In this paragraph (12),
"emergency"  means a 
15
    situation in which a person's life, health, or safety is
in 
16
    jeopardy; and
"emergency response officer" means a peace 
17
    officer, community policing
volunteer, fireman, emergency 
18
    medical
technician-ambulance, emergency medical 
19
    technician-intermediate, emergency
medical 
20
    technician-paramedic, ambulance
driver, other medical 
21
    assistance or first aid personnel, or hospital emergency

22
    room personnel.

23
    (b-1) For the purposes of this Section, "organized gang" 
24
has the meaning
ascribed to it in Section 10 of the Illinois 
25
Streetgang Terrorism Omnibus
Prevention Act.

26
    (c) The court may impose an extended term sentence under 
27
Section 5-8-2
upon any offender who was convicted of aggravated 
28
criminal sexual assault
or predatory criminal sexual assault of 
29
a child under subsection (a)(1) of
Section 12-14.1 of
the 
30
Criminal Code of 1961
where the victim was under 18 years of 
31
age at the time of the commission
of the offense.

32
    (d) The court may impose an extended term sentence under 
33
Section 5-8-2 upon
any offender who was convicted of unlawful 
34
use of weapons under Section 24-1 of
the Criminal Code of 1961 
35
for possessing a weapon that is not readily
distinguishable as 
36
one of the weapons enumerated in Section 24-1 of the
Criminal 
 


 






HB3648 Enrolled
- 8 -
LRB094 11229 DRH 41956 b




1
Code of 1961.

2
(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; 
3
91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; 
4
91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. 
5
4-13-00; 92-266, eff. 1-1-02.)


 



6
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)



7
    Sec. 5-6-1. Sentences of Probation and of Conditional

8
Discharge and Disposition of Supervision.
The General Assembly 
9
finds that in order to protect the public, the
criminal justice 
10
system must compel compliance with the conditions of probation

11
by responding to violations with swift, certain and fair 
12
punishments and
intermediate sanctions. The Chief Judge of each 
13
circuit shall adopt a system of
structured, intermediate 
14
sanctions for violations of the terms and conditions
of a 
15
sentence of probation, conditional discharge or disposition of

16
supervision.

17
    (a) Except where specifically prohibited by other

18
provisions of this Code, the court shall impose a sentence
of 
19
probation or conditional discharge upon an offender
unless, 
20
having regard to the nature and circumstance of
the offense, 
21
and to the history, character and condition
of the offender, 
22
the court is of the opinion that:


23
        (1) his imprisonment or periodic imprisonment is 
24
    necessary
for the protection of the public; or


25
        (2) probation or conditional discharge would deprecate

26
    the seriousness of the offender's conduct and would be

27
    inconsistent with the ends of justice; or

28
        (3) a combination of imprisonment with concurrent or 
29
    consecutive probation when an offender has been admitted 
30
    into a drug court program under Section 20 of the Drug 
31
    Court Treatment Act is necessary for the protection of the 
32
    public and for the rehabilitation of the offender.

33
    The court shall impose as a condition of a sentence of 
34
probation,
conditional discharge, or supervision, that the 
35
probation agency may invoke any
sanction from the list of 
 


 






HB3648 Enrolled
- 9 -
LRB094 11229 DRH 41956 b




1
intermediate sanctions adopted by the chief judge of
the 
2
circuit court for violations of the terms and conditions of the 
3
sentence of
probation, conditional discharge, or supervision, 
4
subject to the provisions of
Section 5-6-4 of this Act.

5
    (b) The court may impose a sentence of conditional

6
discharge for an offense if the court is of the opinion
that 
7
neither a sentence of imprisonment nor of periodic
imprisonment 
8
nor of probation supervision is appropriate.

9
    (b-1) Subsections (a) and (b) of this Section do not apply 
10
to a defendant charged with a misdemeanor or felony under the 
11
Illinois Vehicle Code or reckless homicide under Section 9-3 of 
12
the Criminal Code of 1961 if the defendant within the past 12 
13
months has been convicted of or pleaded guilty to a misdemeanor 
14
or felony under the Illinois Vehicle Code or reckless homicide 
15
under Section 9-3 of the Criminal Code of 1961.

16
    (c) The court may, upon a plea of guilty or a stipulation

17
by the defendant of the facts supporting the charge or a

18
finding of guilt, defer further proceedings and the
imposition 
19
of a sentence, and enter an order for supervision of the 
20
defendant,
if the defendant is not charged with: (i) a Class A 
21
misdemeanor, as
defined by the following provisions of the 
22
Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; 
23
31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph 
24
(1) through (5), (8), (10), and (11) of subsection (a) of 
25
Section
24-1; (ii) a Class A misdemeanor violation of Section

26
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or 
27
(iii)
felony.
If the defendant
is not barred from receiving an 
28
order for supervision as provided in this
subsection, the court 
29
may enter an order for supervision after considering the

30
circumstances of the offense, and the history,
character and 
31
condition of the offender, if the court is of the opinion
that:


32
        (1) the offender is not likely to commit further 
33
    crimes;


34
        (2) the defendant and the public would be best served 
35
    if the
defendant were not to receive a criminal record; and


36
        (3) in the best interests of justice an order of 
 


 






HB3648 Enrolled
- 10 -
LRB094 11229 DRH 41956 b




1
    supervision
is more appropriate than a sentence otherwise 
2
    permitted under this Code.

3
    (d) The provisions of paragraph (c) shall not apply to a 
4
defendant charged
with violating Section 11-501 of the Illinois 
5
Vehicle Code or a similar
provision of a local
ordinance when 
6
the defendant has previously been:


7
        (1) convicted for a violation of Section 11-501 of
the 
8
    Illinois Vehicle
Code or a similar provision of a
local 
9
    ordinance or any similar law or ordinance of another state; 
10
    or


11
        (2) assigned supervision for a violation of Section 
12
    11-501 of the Illinois
Vehicle Code or a similar provision 
13
    of a local ordinance or any similar law
or ordinance of 
14
    another state; or


15
        (3) pleaded guilty to or stipulated to the facts 
16
    supporting
a charge or a finding of guilty to a violation 
17
    of Section 11-503 of the
Illinois Vehicle Code or a similar 
18
    provision of a local ordinance or any
similar law or 
19
    ordinance of another state, and the
plea or stipulation was 
20
    the result of a plea agreement.

21
    The court shall consider the statement of the prosecuting

22
authority with regard to the standards set forth in this 
23
Section.

24
    (e) The provisions of paragraph (c) shall not apply to a 
25
defendant
charged with violating Section 16A-3 of the Criminal 
26
Code of 1961 if said
defendant has within the last 5 years 
27
been:


28
        (1) convicted for a violation of Section 16A-3 of the 
29
    Criminal Code of
1961; or


30
        (2) assigned supervision for a violation of Section 
31
    16A-3 of the Criminal
Code of 1961.

32
    The court shall consider the statement of the prosecuting 
33
authority with
regard to the standards set forth in this 
34
Section.

35
    (f) The provisions of paragraph (c) shall not apply to a 
36
defendant
charged with violating Sections 15-111, 15-112, 
 


 






HB3648 Enrolled
- 11 -
LRB094 11229 DRH 41956 b




1
15-301, paragraph (b)
of Section 6-104, Section 11-605, or 
2
Section 11-1414
of the Illinois Vehicle Code or a similar 
3
provision of a local ordinance.

4
    (g) Except as otherwise provided in paragraph (i) of this 
5
Section, the
provisions of paragraph (c) shall not apply to a

6
defendant charged with violating Section
3-707, 3-708, 3-710, 
7
or 5-401.3
of the Illinois Vehicle Code or a similar provision 
8
of a local ordinance if the
defendant has within the last 5 
9
years been:


10
        (1) convicted for a violation of Section 3-707, 3-708, 
11
    3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
12
    provision of a local
ordinance; or


13
        (2) assigned supervision for a violation of Section 
14
    3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
15
    Code or a similar provision of a local
ordinance.

16
    The court shall consider the statement of the prosecuting 
17
authority with
regard to the standards set forth in this 
18
Section.

19
    (h) The provisions of paragraph (c) shall not apply to a 
20
defendant under
the age of 21 years charged with violating a 
21
serious traffic offense as defined
in Section 1-187.001 of the 
22
Illinois Vehicle Code:


23
        (1) unless the defendant, upon payment of the fines, 
24
    penalties, and costs
provided by law, agrees to attend and 
25
    successfully complete a traffic safety
program approved by 
26
    the court under standards set by the Conference of Chief

27
    Circuit Judges.  The accused shall be responsible for 
28
    payment of any traffic
safety program fees.  If the accused 
29
    fails to file a certificate of
successful completion on or 
30
    before the termination date of the supervision
order, the 
31
    supervision shall be summarily revoked and conviction 
32
    entered.  The
provisions of Supreme Court Rule 402 relating 
33
    to pleas of guilty do not apply
in cases when a defendant 
34
    enters a guilty plea under this provision; or


35
        (2) if the defendant has previously been sentenced 
36
    under the provisions of
paragraph (c) on or after January 
 


 






HB3648 Enrolled
- 12 -
LRB094 11229 DRH 41956 b




1
    1, 1998 for any serious traffic offense as
defined in 
2
    Section 1-187.001 of the Illinois Vehicle Code.

3
    (i) The provisions of paragraph (c) shall not apply to a 
4
defendant charged
with violating Section 3-707 of the Illinois 
5
Vehicle Code or a similar
provision of a local ordinance if the 
6
defendant has been assigned supervision
for a violation of 
7
Section 3-707 of the Illinois Vehicle Code or a similar

8
provision of a local ordinance.

9
    (j) The provisions of paragraph (c) shall not apply to a

10
defendant charged with violating
Section 6-303 of the Illinois 
11
Vehicle Code or a similar provision of
a local ordinance when 
12
the revocation or suspension was for a violation of
Section 
13
11-501 or a similar provision of a local ordinance, a violation 
14
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the 
15
Illinois Vehicle
Code, or a violation of Section 9-3 of the 
16
Criminal Code of 1961 if the
defendant has within the last 10 
17
years been:


18
        (1) convicted for a violation of Section 6-303 of the 
19
    Illinois Vehicle
Code or a similar provision of a local 
20
    ordinance; or


21
        (2) assigned supervision for a violation of Section 
22
    6-303 of the Illinois
Vehicle Code or a similar provision 
23
    of a local ordinance.

24
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)