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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB0343eng HB0343 Engrossed LRB9102179RCks 1 AN ACT in relation to laser pointers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 adding Article 24.6 as follows: 6 (720 ILCS 5/Art. 24.6 heading new) 7 ARTICLE 24.6. LASER POINTERS 8 (720 ILCS 5/24.6-5 new) 9 Sec. 24.6-5. Definitions. In this Article: 10 "Laser pointer" means a hand-held device that emits light 11 amplified by the stimulated emission of radiation that is 12 visible to the human eye. 13 "Laser sight" means a laser pointer that can be attached 14 to a firearm and can be used to improve the accuracy of the 15 firearm. 16 (720 ILCS 5/24.6-20 new) 17 Sec. 24.6-20. Aiming a laser pointer at a peace officer. 18 (a) A person commits aiming a laser pointer at a peace 19 officer when he or she intentionally or knowingly aims an 20 operating laser pointer at a person he or she knows or 21 reasonably should know to be a peace officer. 22 (b) Sentence. Aiming a laser pointer at a peace officer 23 is a Class A misdemeanor. 24 Section 10. The Unified Code of Corrections is amended 25 by changing Section 5-5-3.2 as follows: 26 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2) 27 Sec. 5-5-3.2. Factors in Aggravation. HB0343 Engrossed -2- LRB9102179RCks 1 (a) The following factors shall be accorded weight in 2 favor of imposing a term of imprisonment or may be considered 3 by the court as reasons to impose a more severe sentence 4 under Section 5-8-1: 5 (1) the defendant's conduct caused or threatened 6 serious harm; 7 (2) the defendant received compensation for 8 committing the offense; 9 (3) the defendant has a history of prior 10 delinquency or criminal activity; 11 (4) the defendant, by the duties of his office or 12 by his position, was obliged to prevent the particular 13 offense committed or to bring the offenders committing it 14 to justice; 15 (5) the defendant held public office at the time of 16 the offense, and the offense related to the conduct of 17 that office; 18 (6) the defendant utilized his professional 19 reputation or position in the community to commit the 20 offense, or to afford him an easier means of committing 21 it; 22 (7) the sentence is necessary to deter others from 23 committing the same crime; 24 (8) the defendant committed the offense against a 25 person 60 years of age or older or such person's 26 property; 27 (9) the defendant committed the offense against a 28 person who is physically handicapped or such person's 29 property; 30 (10) by reason of another individual's actual or 31 perceived race, color, creed, religion, ancestry, gender, 32 sexual orientation, physical or mental disability, or 33 national origin, the defendant committed the offense 34 against (i) the person or property of that individual; HB0343 Engrossed -3- LRB9102179RCks 1 (ii) the person or property of a person who has an 2 association with, is married to, or has a friendship with 3 the other individual; or (iii) the person or property of 4 a relative (by blood or marriage) of a person described 5 in clause (i) or (ii). For the purposes of this Section, 6 "sexual orientation" means heterosexuality, 7 homosexuality, or bisexuality; 8 (11) the offense took place in a place of worship 9 or on the grounds of a place of worship, immediately 10 prior to, during or immediately following worship 11 services. For purposes of this subparagraph, "place of 12 worship" shall mean any church, synagogue or other 13 building, structure or place used primarily for religious 14 worship; 15 (12) the defendant was convicted of a felony 16 committed while he was released on bail or his own 17 recognizance pending trial for a prior felony and was 18 convicted of such prior felony, or the defendant was 19 convicted of a felony committed while he was serving a 20 period of probation, conditional discharge, or mandatory 21 supervised release under subsection (d) of Section 5-8-1 22 for a prior felony; 23 (13) the defendant committed or attempted to commit 24 a felony while he was wearing a bulletproof vest. For 25 the purposes of this paragraph (13), a bulletproof vest 26 is any device which is designed for the purpose of 27 protecting the wearer from bullets, shot or other lethal 28 projectiles; 29 (14) the defendant held a position of trust or 30 supervision such as, but not limited to, family member as 31 defined in Section 12-12 of the Criminal Code of 1961, 32 teacher, scout leader, baby sitter, or day care worker, 33 in relation to a victim under 18 years of age, and the 34 defendant committed an offense in violation of Section HB0343 Engrossed -4- LRB9102179RCks 1 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 2 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 3 1961 against that victim; 4 (15) the defendant committed an offense related to 5 the activities of an organized gang. For the purposes of 6 this factor, "organized gang" has the meaning ascribed to 7 it in Section 10 of the Streetgang Terrorism Omnibus 8 Prevention Act; 9 (16) the defendant committed an offense in 10 violation of one of the following Sections while in a 11 school, regardless of the time of day or time of year; on 12 any conveyance owned, leased, or contracted by a school 13 to transport students to or from school or a school 14 related activity; on the real property of a school; or on 15 a public way within 1,000 feet of the real property 16 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 17 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 18 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 19 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 20 1961; 21 (17) the defendant committed the offense by reason 22 of any person's activity as a community policing 23 volunteer or to prevent any person from engaging in 24 activity as a community policing volunteer. For the 25 purpose of this Section, "community policing volunteer" 26 has the meaning ascribed to it in Section 2-3.5 of the 27 Criminal Code of 1961. 28 For the purposes of this Section, "school" is defined as 29 a public or private elementary or secondary school, community 30 college, college, or university. 31 (b) The following factors may be considered by the court 32 as reasons to impose an extended term sentence under Section 33 5-8-2 upon any offender: 34 (1) When a defendant is convicted of any felony, HB0343 Engrossed -5- LRB9102179RCks 1 after having been previously convicted in Illinois or any 2 other jurisdiction of the same or similar class felony or 3 greater class felony, when such conviction has occurred 4 within 10 years after the previous conviction, excluding 5 time spent in custody, and such charges are separately 6 brought and tried and arise out of different series of 7 acts; or 8 (2) When a defendant is convicted of any felony and 9 the court finds that the offense was accompanied by 10 exceptionally brutal or heinous behavior indicative of 11 wanton cruelty; or 12 (3) When a defendant is convicted of voluntary 13 manslaughter, second degree murder, involuntary 14 manslaughter or reckless homicide in which the defendant 15 has been convicted of causing the death of more than one 16 individual; or 17 (4) When a defendant is convicted of any felony 18 committed against: 19 (i) a person under 12 years of age at the time 20 of the offense or such person's property; 21 (ii) a person 60 years of age or older at the 22 time of the offense or such person's property; or 23 (iii) a person physically handicapped at the 24 time of the offense or such person's property; or 25 (5) In the case of a defendant convicted of 26 aggravated criminal sexual assault or criminal sexual 27 assault, when the court finds that aggravated criminal 28 sexual assault or criminal sexual assault was also 29 committed on the same victim by one or more other 30 individuals, and the defendant voluntarily participated 31 in the crime with the knowledge of the participation of 32 the others in the crime, and the commission of the crime 33 was part of a single course of conduct during which there 34 was no substantial change in the nature of the criminal HB0343 Engrossed -6- LRB9102179RCks 1 objective; or 2 (6) When a defendant is convicted of any felony and 3 the offense involved any of the following types of 4 specific misconduct committed as part of a ceremony, 5 rite, initiation, observance, performance, practice or 6 activity of any actual or ostensible religious, 7 fraternal, or social group: 8 (i) the brutalizing or torturing of humans or 9 animals; 10 (ii) the theft of human corpses; 11 (iii) the kidnapping of humans; 12 (iv) the desecration of any cemetery, 13 religious, fraternal, business, governmental, 14 educational, or other building or property; or 15 (v) ritualized abuse of a child; or 16 (7) When a defendant is convicted of first degree 17 murder, after having been previously convicted in 18 Illinois of any offense listed under paragraph (c)(2) of 19 Section 5-5-3, when such conviction has occurred within 20 10 years after the previous conviction, excluding time 21 spent in custody, and such charges are separately brought 22 and tried and arise out of different series of acts; or 23 (8) When a defendant is convicted of a felony other 24 than conspiracy and the court finds that the felony was 25 committed under an agreement with 2 or more other persons 26 to commit that offense and the defendant, with respect to 27 the other individuals, occupied a position of organizer, 28 supervisor, financier, or any other position of 29 management or leadership, and the court further finds 30 that the felony committed was related to or in 31 furtherance of the criminal activities of an organized 32 gang or was motivated by the defendant's leadership in an 33 organized gang; or 34 (9) When a defendant is convicted of a felony HB0343 Engrossed -7- LRB9102179RCks 1 violation of Section 24-1 of the Criminal Code of 1961 2 and the court finds that the defendant is a member of an 3 organized gang; or.4 (10) When a defendant committed the offense using a 5 firearm with a laser sight attached to it. For purposes 6 of this paragraph (10), "laser sight" has the meaning 7 ascribed to it in Section 24.6-5 of the Criminal Code of 8 1961. 9 (b-1) For the purposes of this Section, "organized gang" 10 has the meaning ascribed to it in Section 10 of the Illinois 11 Streetgang Terrorism Omnibus Prevention Act. 12 (c) The court may impose an extended term sentence under 13 Section 5-8-2 upon any offender who was convicted of 14 aggravated criminal sexual assault where the victim was under 15 18 years of age at the time of the commission of the offense. 16 (d) The court may impose an extended term sentence under 17 Section 5-8-2 upon any offender who was convicted of unlawful 18 use of weapons under Section 24-1 of the Criminal Code of 19 1961 for possessing a weapon that is not readily 20 distinguishable as one of the weapons enumerated in Section 21 24-1 of the Criminal Code of 1961. 22 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95; 23 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections 24 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff. 25 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)