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91_HB1402eng HB1402 Engrossed LRB9104995RCks 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-5-3.2. 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 Section 5-5-3.2 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 10 favor of imposing a term of imprisonment or may be considered 11 by the court as reasons to impose a more severe sentence 12 under Section 5-8-1: 13 (1) the defendant's conduct caused or threatened 14 serious harm; 15 (2) the defendant received compensation for 16 committing the offense; 17 (3) the defendant has a history of prior 18 delinquency or criminal activity; 19 (4) the defendant, by the duties of his office or 20 by his position, was obliged to prevent the particular 21 offense committed or to bring the offenders committing it 22 to justice; 23 (5) the defendant held public office at the time of 24 the offense, and the offense related to the conduct of 25 that office; 26 (6) the defendant utilized his professional 27 reputation or position in the community to commit the 28 offense, or to afford him an easier means of committing 29 it; 30 (7) the sentence is necessary to deter others from 31 committing the same crime; HB1402 Engrossed -2- LRB9104995RCks 1 (8) the defendant committed the offense against a 2 person 60 years of age or older or such person's 3 property; 4 (9) the defendant committed the offense against a 5 person who is physically handicapped or such person's 6 property; 7 (10) by reason of another individual's actual or 8 perceived race, color, creed, religion, ancestry, gender, 9 sexual orientation, physical or mental disability, or 10 national origin, the defendant committed the offense 11 against (i) the person or property of that individual; 12 (ii) the person or property of a person who has an 13 association with, is married to, or has a friendship with 14 the other individual; or (iii) the person or property of 15 a relative (by blood or marriage) of a person described 16 in clause (i) or (ii). For the purposes of this Section, 17 "sexual orientation" means heterosexuality, 18 homosexuality, or bisexuality; 19 (11) the offense took place in a place of worship 20 or on the grounds of a place of worship, immediately 21 prior to, during or immediately following worship 22 services. For purposes of this subparagraph, "place of 23 worship" shall mean any church, synagogue or other 24 building, structure or place used primarily for religious 25 worship; 26 (12) the defendant was convicted of a felony 27 committed while he was released on bail or his own 28 recognizance pending trial for a prior felony and was 29 convicted of such prior felony, or the defendant was 30 convicted of a felony committed while he was serving a 31 period of probation, conditional discharge, or mandatory 32 supervised release under subsection (d) of Section 5-8-1 33 for a prior felony; 34 (13) the defendant committed or attempted to commit HB1402 Engrossed -3- LRB9104995RCks 1 a felony while he was wearing a bulletproof vest. For 2 the purposes of this paragraph (13), a bulletproof vest 3 is any device which is designed for the purpose of 4 protecting the wearer from bullets, shot or other lethal 5 projectiles; 6 (14) the defendant held a position of trust or 7 supervision such as, but not limited to, family member as 8 defined in Section 12-12 of the Criminal Code of 1961, 9 teacher, scout leader, baby sitter, or day care worker, 10 in relation to a victim under 18 years of age, and the 11 defendant committed an offense in violation of Section 12 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 13 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 14 1961 against that victim; 15 (15) the defendant committed an offense related to 16 the activities of an organized gang. For the purposes of 17 this factor, "organized gang" has the meaning ascribed to 18 it in Section 10 of the Streetgang Terrorism Omnibus 19 Prevention Act; 20 (16) the defendant committed an offense in 21 violation of one of the following Sections while in a 22 school, regardless of the time of day or time of year; on 23 any conveyance owned, leased, or contracted by a school 24 to transport students to or from school or a school 25 related activity; on the real property of a school; or on 26 a public way within 1,000 feet of the real property 27 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 28 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 29 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 30 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 31 1961; 32 (17) the defendant committed the offense by reason 33 of any person's activity as a community policing 34 volunteer or to prevent any person from engaging in HB1402 Engrossed -4- LRB9104995RCks 1 activity as a community policing volunteer. For the 2 purpose of this Section, "community policing volunteer" 3 has the meaning ascribed to it in Section 2-3.5 of the 4 Criminal Code of 1961;.5 (18) the defendant committed an offense that 6 constitutes neglect or abuse as defined in Section 2-3 of 7 the Juvenile Court Act of 1987 and the offense was 8 committed against a victim who was under 18 years of age 9 at the time of the commission of the offense and the 10 defendant was a foster parent of the victim. 11 For the purposes of this Section, "school" is defined as 12 a public or private elementary or secondary school, community 13 college, college, or university. 14 (b) The following factors may be considered by the court 15 as reasons to impose an extended term sentence under Section 16 5-8-2 upon any offender: 17 (1) When a defendant is convicted of any felony, 18 after having been previously convicted in Illinois or any 19 other jurisdiction of the same or similar class felony or 20 greater class felony, when such conviction has occurred 21 within 10 years after the previous conviction, excluding 22 time spent in custody, and such charges are separately 23 brought and tried and arise out of different series of 24 acts; or 25 (2) When a defendant is convicted of any felony and 26 the court finds that the offense was accompanied by 27 exceptionally brutal or heinous behavior indicative of 28 wanton cruelty; or 29 (3) When a defendant is convicted of voluntary 30 manslaughter, second degree murder, involuntary 31 manslaughter or reckless homicide in which the defendant 32 has been convicted of causing the death of more than one 33 individual; or 34 (4) When a defendant is convicted of any felony HB1402 Engrossed -5- LRB9104995RCks 1 committed against: 2 (i) a person under 12 years of age at the time 3 of the offense or such person's property; 4 (ii) a person 60 years of age or older at the 5 time of the offense or such person's property; or 6 (iii) a person physically handicapped at the 7 time of the offense or such person's property; or 8 (5) In the case of a defendant convicted of 9 aggravated criminal sexual assault or criminal sexual 10 assault, when the court finds that aggravated criminal 11 sexual assault or criminal sexual assault was also 12 committed on the same victim by one or more other 13 individuals, and the defendant voluntarily participated 14 in the crime with the knowledge of the participation of 15 the others in the crime, and the commission of the crime 16 was part of a single course of conduct during which there 17 was no substantial change in the nature of the criminal 18 objective; or 19 (6) When a defendant is convicted of any felony and 20 the offense involved any of the following types of 21 specific misconduct committed as part of a ceremony, 22 rite, initiation, observance, performance, practice or 23 activity of any actual or ostensible religious, 24 fraternal, or social group: 25 (i) the brutalizing or torturing of humans or 26 animals; 27 (ii) the theft of human corpses; 28 (iii) the kidnapping of humans; 29 (iv) the desecration of any cemetery, 30 religious, fraternal, business, governmental, 31 educational, or other building or property; or 32 (v) ritualized abuse of a child; or 33 (7) When a defendant is convicted of first degree 34 murder, after having been previously convicted in HB1402 Engrossed -6- LRB9104995RCks 1 Illinois of any offense listed under paragraph (c)(2) of 2 Section 5-5-3, when such conviction has occurred within 3 10 years after the previous conviction, excluding time 4 spent in custody, and such charges are separately brought 5 and tried and arise out of different series of acts; or 6 (8) When a defendant is convicted of a felony other 7 than conspiracy and the court finds that the felony was 8 committed under an agreement with 2 or more other persons 9 to commit that offense and the defendant, with respect to 10 the other individuals, occupied a position of organizer, 11 supervisor, financier, or any other position of 12 management or leadership, and the court further finds 13 that the felony committed was related to or in 14 furtherance of the criminal activities of an organized 15 gang or was motivated by the defendant's leadership in an 16 organized gang; or 17 (9) When a defendant is convicted of a felony 18 violation of Section 24-1 of the Criminal Code of 1961 19 and the court finds that the defendant is a member of an 20 organized gang. 21 (b-1) For the purposes of this Section, "organized gang" 22 has the meaning ascribed to it in Section 10 of the Illinois 23 Streetgang Terrorism Omnibus Prevention Act. 24 (c) The court may impose an extended term sentence under 25 Section 5-8-2 upon any offender who was convicted of 26 aggravated criminal sexual assault where the victim was under 27 18 years of age at the time of the commission of the offense. 28 (d) The court may impose an extended term sentence under 29 Section 5-8-2 upon any offender who was convicted of unlawful 30 use of weapons under Section 24-1 of the Criminal Code of 31 1961 for possessing a weapon that is not readily 32 distinguishable as one of the weapons enumerated in Section 33 24-1 of the Criminal Code of 1961. 34 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95; HB1402 Engrossed -7- LRB9104995RCks 1 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections 2 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff. 3 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)