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91_HB0343ham001
LRB9102179RCpkam
1 AMENDMENT TO HOUSE BILL 343
2 AMENDMENT NO. . Amend House Bill 343 by replacing
3 the title with the following:
4 "AN ACT in relation to laser pointers."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 adding Article 24.6 as follows:
9 (720 ILCS 5/Art. 24.6 heading new)
10 ARTICLE 24.6. LASER POINTERS
11 (720 ILCS 5/24.6-5 new)
12 Sec. 24.6-5. Definitions. In this Article:
13 "Laser pointer" means a hand-held device that emits light
14 amplified by the stimulated emission of radiation that is
15 visible to the human eye.
16 "Laser sight" means a laser pointer that can be attached
17 to a firearm and can be used to improve the accuracy of the
18 firearm.
19 (720 ILCS 5/24.6-20 new)
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1 Sec. 24.6-20. Aiming a laser pointer at a peace officer.
2 (a) A person commits aiming a laser pointer at a peace
3 officer when he or she intentionally or knowingly aims an
4 operating laser pointer at a person he or she knows or
5 reasonably should know to be a peace officer.
6 (b) Sentence. Aiming a laser pointer at a peace officer
7 is a Class A misdemeanor.
8 Section 10. The Unified Code of Corrections is amended
9 by changing Section 5-5-3.2 as follows:
10 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
11 Sec. 5-5-3.2. Factors in Aggravation.
12 (a) The following factors shall be accorded weight in
13 favor of imposing a term of imprisonment or may be considered
14 by the court as reasons to impose a more severe sentence
15 under Section 5-8-1:
16 (1) the defendant's conduct caused or threatened
17 serious harm;
18 (2) the defendant received compensation for
19 committing the offense;
20 (3) the defendant has a history of prior
21 delinquency or criminal activity;
22 (4) the defendant, by the duties of his office or
23 by his position, was obliged to prevent the particular
24 offense committed or to bring the offenders committing it
25 to justice;
26 (5) the defendant held public office at the time of
27 the offense, and the offense related to the conduct of
28 that office;
29 (6) the defendant utilized his professional
30 reputation or position in the community to commit the
31 offense, or to afford him an easier means of committing
32 it;
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1 (7) the sentence is necessary to deter others from
2 committing the same crime;
3 (8) the defendant committed the offense against a
4 person 60 years of age or older or such person's
5 property;
6 (9) the defendant committed the offense against a
7 person who is physically handicapped or such person's
8 property;
9 (10) by reason of another individual's actual or
10 perceived race, color, creed, religion, ancestry, gender,
11 sexual orientation, physical or mental disability, or
12 national origin, the defendant committed the offense
13 against (i) the person or property of that individual;
14 (ii) the person or property of a person who has an
15 association with, is married to, or has a friendship with
16 the other individual; or (iii) the person or property of
17 a relative (by blood or marriage) of a person described
18 in clause (i) or (ii). For the purposes of this Section,
19 "sexual orientation" means heterosexuality,
20 homosexuality, or bisexuality;
21 (11) the offense took place in a place of worship
22 or on the grounds of a place of worship, immediately
23 prior to, during or immediately following worship
24 services. For purposes of this subparagraph, "place of
25 worship" shall mean any church, synagogue or other
26 building, structure or place used primarily for religious
27 worship;
28 (12) the defendant was convicted of a felony
29 committed while he was released on bail or his own
30 recognizance pending trial for a prior felony and was
31 convicted of such prior felony, or the defendant was
32 convicted of a felony committed while he was serving a
33 period of probation, conditional discharge, or mandatory
34 supervised release under subsection (d) of Section 5-8-1
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1 for a prior felony;
2 (13) the defendant committed or attempted to commit
3 a felony while he was wearing a bulletproof vest. For
4 the purposes of this paragraph (13), a bulletproof vest
5 is any device which is designed for the purpose of
6 protecting the wearer from bullets, shot or other lethal
7 projectiles;
8 (14) the defendant held a position of trust or
9 supervision such as, but not limited to, family member as
10 defined in Section 12-12 of the Criminal Code of 1961,
11 teacher, scout leader, baby sitter, or day care worker,
12 in relation to a victim under 18 years of age, and the
13 defendant committed an offense in violation of Section
14 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
15 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
16 1961 against that victim;
17 (15) the defendant committed an offense related to
18 the activities of an organized gang. For the purposes of
19 this factor, "organized gang" has the meaning ascribed to
20 it in Section 10 of the Streetgang Terrorism Omnibus
21 Prevention Act;
22 (16) the defendant committed an offense in
23 violation of one of the following Sections while in a
24 school, regardless of the time of day or time of year; on
25 any conveyance owned, leased, or contracted by a school
26 to transport students to or from school or a school
27 related activity; on the real property of a school; or on
28 a public way within 1,000 feet of the real property
29 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
30 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
31 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
32 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
33 1961;
34 (17) the defendant committed the offense by reason
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1 of any person's activity as a community policing
2 volunteer or to prevent any person from engaging in
3 activity as a community policing volunteer. For the
4 purpose of this Section, "community policing volunteer"
5 has the meaning ascribed to it in Section 2-3.5 of the
6 Criminal Code of 1961.
7 For the purposes of this Section, "school" is defined as
8 a public or private elementary or secondary school, community
9 college, college, or university.
10 (b) The following factors may be considered by the court
11 as reasons to impose an extended term sentence under Section
12 5-8-2 upon any offender:
13 (1) When a defendant is convicted of any felony,
14 after having been previously convicted in Illinois or any
15 other jurisdiction of the same or similar class felony or
16 greater class felony, when such conviction has occurred
17 within 10 years after the previous conviction, excluding
18 time spent in custody, and such charges are separately
19 brought and tried and arise out of different series of
20 acts; or
21 (2) When a defendant is convicted of any felony and
22 the court finds that the offense was accompanied by
23 exceptionally brutal or heinous behavior indicative of
24 wanton cruelty; or
25 (3) When a defendant is convicted of voluntary
26 manslaughter, second degree murder, involuntary
27 manslaughter or reckless homicide in which the defendant
28 has been convicted of causing the death of more than one
29 individual; or
30 (4) When a defendant is convicted of any felony
31 committed against:
32 (i) a person under 12 years of age at the time
33 of the offense or such person's property;
34 (ii) a person 60 years of age or older at the
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1 time of the offense or such person's property; or
2 (iii) a person physically handicapped at the
3 time of the offense or such person's property; or
4 (5) In the case of a defendant convicted of
5 aggravated criminal sexual assault or criminal sexual
6 assault, when the court finds that aggravated criminal
7 sexual assault or criminal sexual assault was also
8 committed on the same victim by one or more other
9 individuals, and the defendant voluntarily participated
10 in the crime with the knowledge of the participation of
11 the others in the crime, and the commission of the crime
12 was part of a single course of conduct during which there
13 was no substantial change in the nature of the criminal
14 objective; or
15 (6) When a defendant is convicted of any felony and
16 the offense involved any of the following types of
17 specific misconduct committed as part of a ceremony,
18 rite, initiation, observance, performance, practice or
19 activity of any actual or ostensible religious,
20 fraternal, or social group:
21 (i) the brutalizing or torturing of humans or
22 animals;
23 (ii) the theft of human corpses;
24 (iii) the kidnapping of humans;
25 (iv) the desecration of any cemetery,
26 religious, fraternal, business, governmental,
27 educational, or other building or property; or
28 (v) ritualized abuse of a child; or
29 (7) When a defendant is convicted of first degree
30 murder, after having been previously convicted in
31 Illinois of any offense listed under paragraph (c)(2) of
32 Section 5-5-3, when such conviction has occurred within
33 10 years after the previous conviction, excluding time
34 spent in custody, and such charges are separately brought
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1 and tried and arise out of different series of acts; or
2 (8) When a defendant is convicted of a felony other
3 than conspiracy and the court finds that the felony was
4 committed under an agreement with 2 or more other persons
5 to commit that offense and the defendant, with respect to
6 the other individuals, occupied a position of organizer,
7 supervisor, financier, or any other position of
8 management or leadership, and the court further finds
9 that the felony committed was related to or in
10 furtherance of the criminal activities of an organized
11 gang or was motivated by the defendant's leadership in an
12 organized gang; or
13 (9) When a defendant is convicted of a felony
14 violation of Section 24-1 of the Criminal Code of 1961
15 and the court finds that the defendant is a member of an
16 organized gang; or.
17 (10) When a defendant committed the offense using a
18 firearm with a laser sight attached to it. For purposes
19 of this paragraph (10), "laser sight" has the meaning
20 ascribed to it in Section 24.6-5 of the Criminal Code of
21 1961.
22 (b-1) For the purposes of this Section, "organized gang"
23 has the meaning ascribed to it in Section 10 of the Illinois
24 Streetgang Terrorism Omnibus Prevention Act.
25 (c) The court may impose an extended term sentence under
26 Section 5-8-2 upon any offender who was convicted of
27 aggravated criminal sexual assault where the victim was under
28 18 years of age at the time of the commission of the offense.
29 (d) The court may impose an extended term sentence under
30 Section 5-8-2 upon any offender who was convicted of unlawful
31 use of weapons under Section 24-1 of the Criminal Code of
32 1961 for possessing a weapon that is not readily
33 distinguishable as one of the weapons enumerated in Section
34 24-1 of the Criminal Code of 1961.
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1 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
2 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
3 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff.
4 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)".