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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1817enr HB1817 Enrolled LRB9102788RCkb 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; HB1817 Enrolled -2- LRB9102788RCkb 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 HB1817 Enrolled -3- LRB9102788RCkb 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 HB1817 Enrolled -4- LRB9102788RCkb 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 the offense in a 6 nursing home or on the real property comprising a nursing 7 home. For the purposes of this paragraph (18), "nursing 8 home" means a skilled nursing or intermediate long term 9 care facility that is subject to license by the Illinois 10 Department of Public Health under the Nursing Home Care 11 Act. 12 For the purposes of this Section, "school" is defined as 13 a public or private elementary or secondary school, community 14 college, college, or university. 15 (b) The following factors may be considered by the court 16 as reasons to impose an extended term sentence under Section 17 5-8-2 upon any offender: 18 (1) When a defendant is convicted of any felony, 19 after having been previously convicted in Illinois or any 20 other jurisdiction of the same or similar class felony or 21 greater class felony, when such conviction has occurred 22 within 10 years after the previous conviction, excluding 23 time spent in custody, and such charges are separately 24 brought and tried and arise out of different series of 25 acts; or 26 (2) When a defendant is convicted of any felony and 27 the court finds that the offense was accompanied by 28 exceptionally brutal or heinous behavior indicative of 29 wanton cruelty; or 30 (3) When a defendant is convicted of voluntary 31 manslaughter, second degree murder, involuntary 32 manslaughter or reckless homicide in which the defendant 33 has been convicted of causing the death of more than one 34 individual; or HB1817 Enrolled -5- LRB9102788RCkb 1 (4) When a defendant is convicted of any felony 2 committed against: 3 (i) a person under 12 years of age at the time 4 of the offense or such person's property; 5 (ii) a person 60 years of age or older at the 6 time of the offense or such person's property; or 7 (iii) a person physically handicapped at the 8 time of the offense or such person's property; or 9 (5) In the case of a defendant convicted of 10 aggravated criminal sexual assault or criminal sexual 11 assault, when the court finds that aggravated criminal 12 sexual assault or criminal sexual assault was also 13 committed on the same victim by one or more other 14 individuals, and the defendant voluntarily participated 15 in the crime with the knowledge of the participation of 16 the others in the crime, and the commission of the crime 17 was part of a single course of conduct during which there 18 was no substantial change in the nature of the criminal 19 objective; or 20 (6) When a defendant is convicted of any felony and 21 the offense involved any of the following types of 22 specific misconduct committed as part of a ceremony, 23 rite, initiation, observance, performance, practice or 24 activity of any actual or ostensible religious, 25 fraternal, or social group: 26 (i) the brutalizing or torturing of humans or 27 animals; 28 (ii) the theft of human corpses; 29 (iii) the kidnapping of humans; 30 (iv) the desecration of any cemetery, 31 religious, fraternal, business, governmental, 32 educational, or other building or property; or 33 (v) ritualized abuse of a child; or 34 (7) When a defendant is convicted of first degree HB1817 Enrolled -6- LRB9102788RCkb 1 murder, after having been previously convicted in 2 Illinois of any offense listed under paragraph (c)(2) of 3 Section 5-5-3, when such conviction has occurred within 4 10 years after the previous conviction, excluding time 5 spent in custody, and such charges are separately brought 6 and tried and arise out of different series of acts; or 7 (8) When a defendant is convicted of a felony other 8 than conspiracy and the court finds that the felony was 9 committed under an agreement with 2 or more other persons 10 to commit that offense and the defendant, with respect to 11 the other individuals, occupied a position of organizer, 12 supervisor, financier, or any other position of 13 management or leadership, and the court further finds 14 that the felony committed was related to or in 15 furtherance of the criminal activities of an organized 16 gang or was motivated by the defendant's leadership in an 17 organized gang; or 18 (9) When a defendant is convicted of a felony 19 violation of Section 24-1 of the Criminal Code of 1961 20 and the court finds that the defendant is a member of an 21 organized gang. 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. HB1817 Enrolled -7- LRB9102788RCkb 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.)