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91_HB3430
LRB9109449RCksA
1 AN ACT in relation to hate crimes.
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 changing Sections 12-7.1 and 21-1.2 and adding Section 8-2.1
6 as follows:
7 (720 ILCS 5/8-2.1 new)
8 Sec. 8-2.1. Conspiracy against civil rights.
9 (a) Offense. A person commits conspiracy against civil
10 rights when he or she agrees with another to utilize
11 violence, threat, or intimidation in order to interfere with
12 another person's free exercise of any right or privilege
13 secured to the person by the Constitution of the United
14 States, the Constitution of the State of Illinois, the laws
15 of the United States, or the laws of the State of Illinois
16 and either the accused or a co-conspirator has committed any
17 act in furtherance of that agreement.
18 (b) Co-conspirators. It shall not be a defense to
19 conspiracy against civil rights that a person or persons with
20 whom the accused is alleged to have conspired:
21 (1) has not been prosecuted or convicted; or
22 (2) has been convicted of a different offense; or
23 (3) is not amenable to justice; or
24 (4) has been acquitted; or
25 (5) lacked the capacity to commit an offense.
26 (c) Sentence. Conspiracy against civil rights is a
27 Class 4 felony for a first offense and a Class 2 felony for a
28 second or subsequent offense.
29 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
30 Sec. 12-7.1. Hate crime.
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1 (a) A person commits hate crime when, by reason of the
2 actual or perceived race, color, creed, religion, ancestry,
3 gender, sexual orientation, physical or mental disability, or
4 national origin of another individual or group of
5 individuals, regardless of the existence of any other
6 motivating factor or factors, he commits assault, battery,
7 aggravated assault, misdemeanor theft, criminal trespass to
8 residence, misdemeanor criminal damage to property, criminal
9 trespass to vehicle, criminal trespass to real property, mob
10 action or disorderly conduct as these crimes are defined in
11 Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3,
12 25-1, and 26-1 of this Code, respectively, or harassment by
13 telephone as defined in Section 1-1 of the Harassing and
14 Obscene Communications Act against a victim who is: (i) the
15 other individual; (ii) a member of the group of individuals;
16 (iii) a person who has an association with, is married to, or
17 has a friendship with the other individual or a member of the
18 group of individuals; or (iv) a relative (by blood or
19 marriage) of a person described in clause (i), (ii), or
20 (iii).
21 (b) Except as provided in subsection (b-5), hate crime
22 is a Class 4 felony for a first offense and a Class 2 felony
23 for a second or subsequent offense. Any order of probation
24 or conditional discharge entered following a conviction for
25 an offense under this Section shall include, a condition
26 that the offender perform public or community service of no
27 less than 200 hours if that service is established in the
28 county where the offender was convicted of hate crime. In
29 addition the court may impose any other condition of
30 probation or conditional discharge under this Section.
31 (b-5) Hate crime is a Class 3 felony for a first offense
32 and a Class 1 felony for a second or subsequent offense if
33 committed:
34 (1) in a church, synagogue, or other building,
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1 structure, or place used for religious worship or other
2 religious purpose;
3 (2) in a cemetery, mortuary, or other facility used
4 for the purpose of burial or memorializing the dead;
5 (3) in a school or other educational facility;
6 (4) in a public park or an ethnic or religious
7 community center;
8 (5) on the real property comprising any location
9 specified in clauses (1) through (4) of this subsection
10 (b-5); or
11 (6) on a public way within 1,000 feet of the real
12 property comprising any location specified in clauses (1)
13 through (4) of this subsection (b-5).
14 (b-10) Upon imposition of any sentence or conditional
15 discharge following conviction or the entry of an order of
16 probation for an offense under this Section, the trial court
17 shall also either order restitution paid to the victim or
18 impose a fine up to $1,000. In addition, any order of
19 probation or conditional discharge entered following a
20 conviction or an adjudication of delinquency shall include a
21 condition that the offender perform public or community
22 service of no less than 200 hours if that service is
23 established in the county where the offender was convicted of
24 hate crime. The court may also impose any other condition of
25 probation or conditional discharge under this Section.
26 (c) Independent of any criminal prosecution or the
27 result thereof, any person suffering injury to his person or
28 damage to his property as a result of hate crime may bring a
29 civil action for damages, injunction or other appropriate
30 relief. The court may award actual damages, including damages
31 for emotional distress, or punitive damages. A judgment may
32 include attorney's fees and costs. The parents or legal
33 guardians, other than guardians appointed pursuant to the
34 Juvenile Court Act or the Juvenile Court Act of 1987, of an
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1 unemancipated minor shall be liable for the amount of any
2 judgment for actual damages rendered against such minor under
3 this subsection (c) in any amount not exceeding the amount
4 provided under Section 5 of the Parental Responsibility Law.
5 (d) "Sexual orientation" means heterosexuality,
6 homosexuality, or bisexuality.
7 (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)
8 (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
9 Sec. 21-1.2. Institutional vandalism.
10 (a) A person commits institutional vandalism when, by
11 reason of the actual or perceived race, color, creed,
12 religion or national origin of another individual or group of
13 individuals, regardless of the existence of any other
14 motivating factor or factors, he or she knowingly and without
15 consent inflicts damage to any of the following properties:
16 (1) A church, synagogue or other building,
17 structure or place used for religious worship or other
18 religious purpose;
19 (2) A cemetery, mortuary, or other facility used
20 for the purpose of burial or memorializing the dead;
21 (3) A school, educational facility or community
22 center;
23 (4) The grounds adjacent to, and owned or rented
24 by, any institution, facility, building, structure or
25 place described in paragraphs (1), (2) or (3) of this
26 subsection (a); or
27 (5) Any personal property contained in any
28 institution, facility, building, structure or place
29 described in paragraphs (1), (2) or (3) of this
30 subsection (a).
31 (b) Institutional vandalism is a Class 3 felony if the
32 damage to the property does not exceed $300. Institutional
33 vandalism is a Class 2 felony if the damage to the property
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1 exceeds $300. Institutional vandalism is a Class 1 felony for
2 any second or subsequent offense.
3 (b-5) Upon imposition of any sentence or conditional
4 discharge following conviction or the entry of an order of
5 probation for an offense under this Section, the trial court
6 shall also either order restitution paid to the victim or
7 impose a fine up to $1,000. In addition, any order of
8 probation or conditional discharge entered following a
9 conviction or an adjudication of delinquency shall include a
10 condition that the offender perform public or community
11 service of no less than 200 hours if that service is
12 established in the county where the offender was convicted of
13 institutional vandalism. The court may also impose any other
14 condition of probation or conditional discharge under this
15 Section.
16 (c) Independent of any criminal prosecution or the
17 result of that prosecution, a person suffering damage to
18 property or injury to his or her person as a result of
19 institutional vandalism may bring a civil action for damages,
20 injunction or other appropriate relief. The court may award
21 actual damages, including damages for emotional distress, or
22 punitive damages. A judgment may include attorney's fees and
23 costs. The parents or legal guardians of an unemancipated
24 minor, other than guardians appointed under the Juvenile
25 Court Act or the Juvenile Court Act of 1987, shall be liable
26 for the amount of any judgment for actual damages rendered
27 against the minor under this subsection (c) in an amount not
28 exceeding the amount provided under Section 5 of the Parental
29 Responsibility Law.
30 (Source: P.A. 88-659.)
31 Section 10. The Unified Code of Corrections is amended
32 by changing Sections 5-5-3 and 5-5-3.2 as follows:
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1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
2 Sec. 5-5-3. Disposition.
3 (a) Every person convicted of an offense shall be
4 sentenced as provided in this Section.
5 (b) The following options shall be appropriate
6 dispositions, alone or in combination, for all felonies and
7 misdemeanors other than those identified in subsection (c) of
8 this Section:
9 (1) A period of probation.
10 (2) A term of periodic imprisonment.
11 (3) A term of conditional discharge.
12 (4) A term of imprisonment.
13 (5) An order directing the offender to clean up and
14 repair the damage, if the offender was convicted under
15 paragraph (h) of Section 21-1 of the Criminal Code of
16 1961.
17 (6) A fine.
18 (7) An order directing the offender to make
19 restitution to the victim under Section 5-5-6 of this
20 Code.
21 (8) A sentence of participation in a county impact
22 incarceration program under Section 5-8-1.2 of this Code.
23 Whenever an individual is sentenced for an offense based
24 upon an arrest for a violation of Section 11-501 of the
25 Illinois Vehicle Code, or a similar provision of a local
26 ordinance, and the professional evaluation recommends
27 remedial or rehabilitative treatment or education, neither
28 the treatment nor the education shall be the sole disposition
29 and either or both may be imposed only in conjunction with
30 another disposition. The court shall monitor compliance with
31 any remedial education or treatment recommendations contained
32 in the professional evaluation. Programs conducting alcohol
33 or other drug evaluation or remedial education must be
34 licensed by the Department of Human Services. However, if
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1 the individual is not a resident of Illinois, the court may
2 accept an alcohol or other drug evaluation or remedial
3 education program in the state of such individual's
4 residence. Programs providing treatment must be licensed
5 under existing applicable alcoholism and drug treatment
6 licensure standards.
7 In addition to any other fine or penalty required by law,
8 any individual convicted of a violation of Section 11-501 of
9 the Illinois Vehicle Code or a similar provision of local
10 ordinance, whose operation of a motor vehicle while in
11 violation of Section 11-501 or such ordinance proximately
12 caused an incident resulting in an appropriate emergency
13 response, shall be required to make restitution to a public
14 agency for the costs of that emergency response. Such
15 restitution shall not exceed $500 per public agency for each
16 such emergency response. For the purpose of this paragraph,
17 emergency response shall mean any incident requiring a
18 response by: a police officer as defined under Section 1-162
19 of the Illinois Vehicle Code; a fireman carried on the rolls
20 of a regularly constituted fire department; and an ambulance
21 as defined under Section 4.05 of the Emergency Medical
22 Services (EMS) Systems Act.
23 Neither a fine nor restitution shall be the sole
24 disposition for a felony and either or both may be imposed
25 only in conjunction with another disposition.
26 (c) (1) When a defendant is found guilty of first degree
27 murder the State may either seek a sentence of
28 imprisonment under Section 5-8-1 of this Code, or where
29 appropriate seek a sentence of death under Section 9-1 of
30 the Criminal Code of 1961.
31 (2) A period of probation, a term of periodic
32 imprisonment or conditional discharge shall not be
33 imposed for the following offenses. The court shall
34 sentence the offender to not less than the minimum term
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1 of imprisonment set forth in this Code for the following
2 offenses, and may order a fine or restitution or both in
3 conjunction with such term of imprisonment:
4 (A) First degree murder where the death
5 penalty is not imposed.
6 (B) Attempted first degree murder.
7 (C) A Class X felony.
8 (D) A violation of Section 401.1 or 407 of the
9 Illinois Controlled Substances Act, or a violation
10 of subdivision (c)(2) of Section 401 of that Act
11 which relates to more than 5 grams of a substance
12 containing cocaine or an analog thereof.
13 (E) A violation of Section 5.1 or 9 of the
14 Cannabis Control Act.
15 (F) A Class 2 or greater felony if the
16 offender had been convicted of a Class 2 or greater
17 felony within 10 years of the date on which he
18 committed the offense for which he is being
19 sentenced.
20 (G) Residential burglary.
21 (H) Criminal sexual assault, except as
22 otherwise provided in subsection (e) of this
23 Section.
24 (I) Aggravated battery of a senior citizen.
25 (J) A forcible felony if the offense was
26 related to the activities of an organized gang.
27 Before July 1, 1994, for the purposes of this
28 paragraph, "organized gang" means an association of
29 5 or more persons, with an established hierarchy,
30 that encourages members of the association to
31 perpetrate crimes or provides support to the members
32 of the association who do commit crimes.
33 Beginning July 1, 1994, for the purposes of
34 this paragraph, "organized gang" has the meaning
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1 ascribed to it in Section 10 of the Illinois
2 Streetgang Terrorism Omnibus Prevention Act.
3 (K) Vehicular hijacking.
4 (L) A second or subsequent conviction for the
5 offense of hate crime when the underlying offense
6 upon which the hate crime is based is felony
7 aggravated assault or felony mob action.
8 (M) A second or subsequent conviction for the
9 offense of institutional vandalism if the damage to
10 the property exceeds $300.
11 (N) A Class 3 felony violation of paragraph
12 (1) of subsection (a) of Section 2 of the Firearm
13 Owners Identification Card Act.
14 (O) A violation of Section 12-6.1 of the
15 Criminal Code of 1961.
16 (P) A violation of paragraph (1), (2), (3),
17 (4), (5), or (7) of subsection (a) of Section
18 11-20.1 of the Criminal Code of 1961.
19 (Q) A violation of Section 20-1.2 of the
20 Criminal Code of 1961.
21 (R) A violation of Section 24-3A of the
22 Criminal Code of 1961.
23 (3) A minimum term of imprisonment of not less than
24 48 consecutive hours or 100 hours of community service as
25 may be determined by the court shall be imposed for a
26 second or subsequent violation committed within 5 years
27 of a previous violation of Section 11-501 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance.
29 (4) A minimum term of imprisonment of not less than
30 7 consecutive days or 30 days of community service shall
31 be imposed for a violation of paragraph (c) of Section
32 6-303 of the Illinois Vehicle Code.
33 (4.1) A minimum term of 30 consecutive days of
34 imprisonment, 40 days of 24 hour periodic imprisonment or
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1 720 hours of community service, as may be determined by
2 the court, shall be imposed for a violation of Section
3 11-501 of the Illinois Vehicle Code during a period in
4 which the defendant's driving privileges are revoked or
5 suspended, where the revocation or suspension was for a
6 violation of Section 11-501 or Section 11-501.1 of that
7 Code.
8 (5) The court may sentence an offender convicted of
9 a business offense or a petty offense or a corporation or
10 unincorporated association convicted of any offense to:
11 (A) a period of conditional discharge;
12 (B) a fine;
13 (C) make restitution to the victim under
14 Section 5-5-6 of this Code.
15 (6) In no case shall an offender be eligible for a
16 disposition of probation or conditional discharge for a
17 Class 1 felony committed while he was serving a term of
18 probation or conditional discharge for a felony.
19 (7) When a defendant is adjudged a habitual
20 criminal under Article 33B of the Criminal Code of 1961,
21 the court shall sentence the defendant to a term of
22 natural life imprisonment.
23 (8) When a defendant, over the age of 21 years, is
24 convicted of a Class 1 or Class 2 felony, after having
25 twice been convicted of any Class 2 or greater Class
26 felonies in Illinois, and such charges are separately
27 brought and tried and arise out of different series of
28 acts, such defendant shall be sentenced as a Class X
29 offender. This paragraph shall not apply unless (1) the
30 first felony was committed after the effective date of
31 this amendatory Act of 1977; and (2) the second felony
32 was committed after conviction on the first; and (3) the
33 third felony was committed after conviction on the
34 second.
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1 (9) A defendant convicted of a second or subsequent
2 offense of ritualized abuse of a child may be sentenced
3 to a term of natural life imprisonment.
4 (d) In any case in which a sentence originally imposed
5 is vacated, the case shall be remanded to the trial court.
6 The trial court shall hold a hearing under Section 5-4-1 of
7 the Unified Code of Corrections which may include evidence of
8 the defendant's life, moral character and occupation during
9 the time since the original sentence was passed. The trial
10 court shall then impose sentence upon the defendant. The
11 trial court may impose any sentence which could have been
12 imposed at the original trial subject to Section 5-5-4 of the
13 Unified Code of Corrections.
14 (e) In cases where prosecution for criminal sexual
15 assault or aggravated criminal sexual abuse under Section
16 12-13 or 12-16 of the Criminal Code of 1961 results in
17 conviction of a defendant who was a family member of the
18 victim at the time of the commission of the offense, the
19 court shall consider the safety and welfare of the victim and
20 may impose a sentence of probation only where:
21 (1) the court finds (A) or (B) or both are
22 appropriate:
23 (A) the defendant is willing to undergo a
24 court approved counseling program for a minimum
25 duration of 2 years; or
26 (B) the defendant is willing to participate in
27 a court approved plan including but not limited to
28 the defendant's:
29 (i) removal from the household;
30 (ii) restricted contact with the victim;
31 (iii) continued financial support of the
32 family;
33 (iv) restitution for harm done to the
34 victim; and
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1 (v) compliance with any other measures
2 that the court may deem appropriate; and
3 (2) the court orders the defendant to pay for the
4 victim's counseling services, to the extent that the
5 court finds, after considering the defendant's income and
6 assets, that the defendant is financially capable of
7 paying for such services, if the victim was under 18
8 years of age at the time the offense was committed and
9 requires counseling as a result of the offense.
10 Probation may be revoked or modified pursuant to Section
11 5-6-4; except where the court determines at the hearing that
12 the defendant violated a condition of his or her probation
13 restricting contact with the victim or other family members
14 or commits another offense with the victim or other family
15 members, the court shall revoke the defendant's probation and
16 impose a term of imprisonment.
17 For the purposes of this Section, "family member" and
18 "victim" shall have the meanings ascribed to them in Section
19 12-12 of the Criminal Code of 1961.
20 (f) This Article shall not deprive a court in other
21 proceedings to order a forfeiture of property, to suspend or
22 cancel a license, to remove a person from office, or to
23 impose any other civil penalty.
24 (g) Whenever a defendant is convicted of an offense
25 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
26 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
27 12-15 or 12-16 of the Criminal Code of 1961, the defendant
28 shall undergo medical testing to determine whether the
29 defendant has any sexually transmissible disease, including a
30 test for infection with human immunodeficiency virus (HIV) or
31 any other identified causative agent of acquired
32 immunodeficiency syndrome (AIDS). Any such medical test
33 shall be performed only by appropriately licensed medical
34 practitioners and may include an analysis of any bodily
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1 fluids as well as an examination of the defendant's person.
2 Except as otherwise provided by law, the results of such test
3 shall be kept strictly confidential by all medical personnel
4 involved in the testing and must be personally delivered in a
5 sealed envelope to the judge of the court in which the
6 conviction was entered for the judge's inspection in camera.
7 Acting in accordance with the best interests of the victim
8 and the public, the judge shall have the discretion to
9 determine to whom, if anyone, the results of the testing may
10 be revealed. The court shall notify the defendant of the test
11 results. The court shall also notify the victim if requested
12 by the victim, and if the victim is under the age of 15 and
13 if requested by the victim's parents or legal guardian, the
14 court shall notify the victim's parents or legal guardian of
15 the test results. The court shall provide information on the
16 availability of HIV testing and counseling at Department of
17 Public Health facilities to all parties to whom the results
18 of the testing are revealed and shall direct the State's
19 Attorney to provide the information to the victim when
20 possible. A State's Attorney may petition the court to obtain
21 the results of any HIV test administered under this Section,
22 and the court shall grant the disclosure if the State's
23 Attorney shows it is relevant in order to prosecute a charge
24 of criminal transmission of HIV under Section 12-16.2 of the
25 Criminal Code of 1961 against the defendant. The court shall
26 order that the cost of any such test shall be paid by the
27 county and may be taxed as costs against the convicted
28 defendant.
29 (g-5) When an inmate is tested for an airborne
30 communicable disease, as determined by the Illinois
31 Department of Public Health including but not limited to
32 tuberculosis, the results of the test shall be personally
33 delivered by the warden or his or her designee in a sealed
34 envelope to the judge of the court in which the inmate must
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1 appear for the judge's inspection in camera if requested by
2 the judge. Acting in accordance with the best interests of
3 those in the courtroom, the judge shall have the discretion
4 to determine what if any precautions need to be taken to
5 prevent transmission of the disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense
7 under Section 1 or 2 of the Hypodermic Syringes and Needles
8 Act, the defendant shall undergo medical testing to determine
9 whether the defendant has been exposed to human
10 immunodeficiency virus (HIV) or any other identified
11 causative agent of acquired immunodeficiency syndrome (AIDS).
12 Except as otherwise provided by law, the results of such test
13 shall be kept strictly confidential by all medical personnel
14 involved in the testing and must be personally delivered in a
15 sealed envelope to the judge of the court in which the
16 conviction was entered for the judge's inspection in camera.
17 Acting in accordance with the best interests of the public,
18 the judge shall have the discretion to determine to whom, if
19 anyone, the results of the testing may be revealed. The court
20 shall notify the defendant of a positive test showing an
21 infection with the human immunodeficiency virus (HIV). The
22 court shall provide information on the availability of HIV
23 testing and counseling at Department of Public Health
24 facilities to all parties to whom the results of the testing
25 are revealed and shall direct the State's Attorney to provide
26 the information to the victim when possible. A State's
27 Attorney may petition the court to obtain the results of any
28 HIV test administered under this Section, and the court
29 shall grant the disclosure if the State's Attorney shows it
30 is relevant in order to prosecute a charge of criminal
31 transmission of HIV under Section 12-16.2 of the Criminal
32 Code of 1961 against the defendant. The court shall order
33 that the cost of any such test shall be paid by the county
34 and may be taxed as costs against the convicted defendant.
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1 (i) All fines and penalties imposed under this Section
2 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
3 Vehicle Code, or a similar provision of a local ordinance,
4 and any violation of the Child Passenger Protection Act, or a
5 similar provision of a local ordinance, shall be collected
6 and disbursed by the circuit clerk as provided under Section
7 27.5 of the Clerks of Courts Act.
8 (j) In cases when prosecution for any violation of
9 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
10 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12 12-16 of the Criminal Code of 1961, any violation of the
13 Illinois Controlled Substances Act, or any violation of the
14 Cannabis Control Act results in conviction, a disposition of
15 court supervision, or an order of probation granted under
16 Section 10 of the Cannabis Control Act or Section 410 of the
17 Illinois Controlled Substance Act of a defendant, the court
18 shall determine whether the defendant is employed by a
19 facility or center as defined under the Child Care Act of
20 1969, a public or private elementary or secondary school, or
21 otherwise works with children under 18 years of age on a
22 daily basis. When a defendant is so employed, the court
23 shall order the Clerk of the Court to send a copy of the
24 judgment of conviction or order of supervision or probation
25 to the defendant's employer by certified mail. If the
26 employer of the defendant is a school, the Clerk of the Court
27 shall direct the mailing of a copy of the judgment of
28 conviction or order of supervision or probation to the
29 appropriate regional superintendent of schools. The regional
30 superintendent of schools shall notify the State Board of
31 Education of any notification under this subsection.
32 (j-5) A defendant at least 17 years of age who is
33 convicted of a felony and who has not been previously
34 convicted of a misdemeanor or felony and who is sentenced to
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1 a term of imprisonment in the Illinois Department of
2 Corrections shall as a condition of his or her sentence be
3 required by the court to attend educational courses designed
4 to prepare the defendant for a high school diploma and to
5 work toward a high school diploma or to work toward passing
6 the high school level Test of General Educational Development
7 (GED) or to work toward completing a vocational training
8 program offered by the Department of Corrections. If a
9 defendant fails to complete the educational training required
10 by his or her sentence during the term of incarceration, the
11 Prisoner Review Board shall, as a condition of mandatory
12 supervised release, require the defendant, at his or her own
13 expense, to pursue a course of study toward a high school
14 diploma or passage of the GED test. The Prisoner Review
15 Board shall revoke the mandatory supervised release of a
16 defendant who wilfully fails to comply with this subsection
17 (j-5) upon his or her release from confinement in a penal
18 institution while serving a mandatory supervised release
19 term; however, the inability of the defendant after making a
20 good faith effort to obtain financial aid or pay for the
21 educational training shall not be deemed a wilful failure to
22 comply. The Prisoner Review Board shall recommit the
23 defendant whose mandatory supervised release term has been
24 revoked under this subsection (j-5) as provided in Section
25 3-3-9. This subsection (j-5) does not apply to a defendant
26 who has a high school diploma or has successfully passed the
27 GED test. This subsection (j-5) does not apply to a defendant
28 who is determined by the court to be developmentally disabled
29 or otherwise mentally incapable of completing the educational
30 or vocational program.
31 (k) A court may not impose a sentence or disposition for
32 a felony or misdemeanor that requires the defendant to be
33 implanted or injected with or to use any form of birth
34 control.
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1 (l) (A) Except as provided in paragraph (C) of
2 subsection (l), whenever a defendant, who is an alien as
3 defined by the Immigration and Nationality Act, is
4 convicted of any felony or misdemeanor offense, the court
5 after sentencing the defendant may, upon motion of the
6 State's Attorney, hold sentence in abeyance and remand
7 the defendant to the custody of the Attorney General of
8 the United States or his or her designated agent to be
9 deported when:
10 (1) a final order of deportation has been
11 issued against the defendant pursuant to proceedings
12 under the Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct
15 and would not be inconsistent with the ends of
16 justice.
17 Otherwise, the defendant shall be sentenced as
18 provided in this Chapter V.
19 (B) If the defendant has already been sentenced for
20 a felony or misdemeanor offense, or has been placed on
21 probation under Section 10 of the Cannabis Control Act or
22 Section 410 of the Illinois Controlled Substances Act,
23 the court may, upon motion of the State's Attorney to
24 suspend the sentence imposed, commit the defendant to the
25 custody of the Attorney General of the United States or
26 his or her designated agent when:
27 (1) a final order of deportation has been
28 issued against the defendant pursuant to proceedings
29 under the Immigration and Nationality Act, and
30 (2) the deportation of the defendant would not
31 deprecate the seriousness of the defendant's conduct
32 and would not be inconsistent with the ends of
33 justice.
34 (C) This subsection (l) does not apply to offenders
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1 who are subject to the provisions of paragraph (2) of
2 subsection (a) of Section 3-6-3.
3 (D) Upon motion of the State's Attorney, if a
4 defendant sentenced under this Section returns to the
5 jurisdiction of the United States, the defendant shall be
6 recommitted to the custody of the county from which he or
7 she was sentenced. Thereafter, the defendant shall be
8 brought before the sentencing court, which may impose any
9 sentence that was available under Section 5-5-3 at the
10 time of initial sentencing. In addition, the defendant
11 shall not be eligible for additional good conduct credit
12 for meritorious service as provided under Section 3-6-6.
13 (m) A person convicted of criminal defacement of
14 property under Section 21-1.3 of the Criminal Code of 1961,
15 in which the property damage exceeds $300 and the property
16 damaged is a school building, shall be ordered to perform
17 community service that may include cleanup, removal, or
18 painting over the defacement.
19 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
20 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
21 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)
22 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
23 Sec. 5-5-3.2. Factors in Aggravation.
24 (a) The following factors shall be accorded weight in
25 favor of imposing a term of imprisonment or may be considered
26 by the court as reasons to impose a more severe sentence
27 under Section 5-8-1:
28 (1) the defendant's conduct caused or threatened
29 serious harm;
30 (2) the defendant received compensation for
31 committing the offense;
32 (3) the defendant has a history of prior
33 delinquency or criminal activity;
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1 (4) the defendant, by the duties of his office or
2 by his position, was obliged to prevent the particular
3 offense committed or to bring the offenders committing it
4 to justice;
5 (5) the defendant held public office at the time of
6 the offense, and the offense related to the conduct of
7 that office;
8 (6) the defendant utilized his professional
9 reputation or position in the community to commit the
10 offense, or to afford him an easier means of committing
11 it;
12 (7) the sentence is necessary to deter others from
13 committing the same crime;
14 (8) the defendant committed the offense against a
15 person 60 years of age or older or such person's
16 property;
17 (9) the defendant committed the offense against a
18 person who is physically handicapped or such person's
19 property;
20 (10) (blank); by reason of another individual's
21 actual or perceived race, color, creed, religion,
22 ancestry, gender, sexual orientation, physical or mental
23 disability, or national origin, the defendant committed
24 the offense against (i) the person or property of that
25 individual; (ii) the person or property of a person who
26 has an association with, is married to, or has a
27 friendship with the other individual; or (iii) the person
28 or property of a relative (by blood or marriage) of a
29 person described in clause (i) or (ii). For the purposes
30 of this Section, "sexual orientation" means
31 heterosexuality, homosexuality, or bisexuality;
32 (11) the offense took place in a place of worship
33 or on the grounds of a place of worship, immediately
34 prior to, during or immediately following worship
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1 services. For purposes of this subparagraph, "place of
2 worship" shall mean any church, synagogue or other
3 building, structure or place used primarily for religious
4 worship;
5 (12) the defendant was convicted of a felony
6 committed while he was released on bail or his own
7 recognizance pending trial for a prior felony and was
8 convicted of such prior felony, or the defendant was
9 convicted of a felony committed while he was serving a
10 period of probation, conditional discharge, or mandatory
11 supervised release under subsection (d) of Section 5-8-1
12 for a prior felony;
13 (13) the defendant committed or attempted to commit
14 a felony while he was wearing a bulletproof vest. For
15 the purposes of this paragraph (13), a bulletproof vest
16 is any device which is designed for the purpose of
17 protecting the wearer from bullets, shot or other lethal
18 projectiles;
19 (14) the defendant held a position of trust or
20 supervision such as, but not limited to, family member as
21 defined in Section 12-12 of the Criminal Code of 1961,
22 teacher, scout leader, baby sitter, or day care worker,
23 in relation to a victim under 18 years of age, and the
24 defendant committed an offense in violation of Section
25 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
26 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
27 1961 against that victim;
28 (15) the defendant committed an offense related to
29 the activities of an organized gang. For the purposes of
30 this factor, "organized gang" has the meaning ascribed to
31 it in Section 10 of the Streetgang Terrorism Omnibus
32 Prevention Act;
33 (16) the defendant committed an offense in
34 violation of one of the following Sections while in a
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1 school, regardless of the time of day or time of year; on
2 any conveyance owned, leased, or contracted by a school
3 to transport students to or from school or a school
4 related activity; on the real property of a school; or on
5 a public way within 1,000 feet of the real property
6 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
7 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
8 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
9 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
10 1961;
11 (16.5) the defendant committed an offense in
12 violation of one of the following Sections while in a day
13 care center, regardless of the time of day or time of
14 year; on the real property of a day care center,
15 regardless of the time of day or time of year; or on a
16 public way within 1,000 feet of the real property
17 comprising any day care center, regardless of the time of
18 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
19 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
20 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
21 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
22 1961;
23 (17) the defendant committed the offense by reason
24 of any person's activity as a community policing
25 volunteer or to prevent any person from engaging in
26 activity as a community policing volunteer. For the
27 purpose of this Section, "community policing volunteer"
28 has the meaning ascribed to it in Section 2-3.5 of the
29 Criminal Code of 1961; or
30 (18) the defendant committed the offense in a
31 nursing home or on the real property comprising a nursing
32 home. For the purposes of this paragraph (18), "nursing
33 home" means a skilled nursing or intermediate long term
34 care facility that is subject to license by the Illinois
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1 Department of Public Health under the Nursing Home Care
2 Act; or.
3 (19) (18) the defendant was a federally licensed
4 firearm dealer and was previously convicted of a
5 violation of subsection (a) of Section 3 of the Firearm
6 Owners Identification Card Act and has now committed
7 either a felony violation of the Firearm Owners
8 Identification Card Act or an act of armed violence while
9 armed with a firearm.
10 For the purposes of this Section:
11 "School" is defined as a public or private elementary or
12 secondary school, community college, college, or university.
13 "Day care center" means a public or private State
14 certified and licensed day care center as defined in Section
15 2.09 of the Child Care Act of 1969 that displays a sign in
16 plain view stating that the property is a day care center.
17 (b) The following factors may be considered by the court
18 as reasons to impose an extended term sentence under Section
19 5-8-2 upon any offender:
20 (1) When a defendant is convicted of any felony,
21 after having been previously convicted in Illinois or any
22 other jurisdiction of the same or similar class felony or
23 greater class felony, when such conviction has occurred
24 within 10 years after the previous conviction, excluding
25 time spent in custody, and such charges are separately
26 brought and tried and arise out of different series of
27 acts; or
28 (2) When a defendant is convicted of any felony and
29 the court finds that the offense was accompanied by
30 exceptionally brutal or heinous behavior indicative of
31 wanton cruelty; or
32 (3) When a defendant is convicted of voluntary
33 manslaughter, second degree murder, involuntary
34 manslaughter or reckless homicide in which the defendant
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1 has been convicted of causing the death of more than one
2 individual; or
3 (4) When a defendant is convicted of any felony
4 committed against:
5 (i) a person under 12 years of age at the time
6 of the offense or such person's property;
7 (ii) a person 60 years of age or older at the
8 time of the offense or such person's property; or
9 (iii) a person physically handicapped at the
10 time of the offense or such person's property; or
11 (5) In the case of a defendant convicted of
12 aggravated criminal sexual assault or criminal sexual
13 assault, when the court finds that aggravated criminal
14 sexual assault or criminal sexual assault was also
15 committed on the same victim by one or more other
16 individuals, and the defendant voluntarily participated
17 in the crime with the knowledge of the participation of
18 the others in the crime, and the commission of the crime
19 was part of a single course of conduct during which there
20 was no substantial change in the nature of the criminal
21 objective; or
22 (6) When a defendant is convicted of any felony and
23 the offense involved any of the following types of
24 specific misconduct committed as part of a ceremony,
25 rite, initiation, observance, performance, practice or
26 activity of any actual or ostensible religious,
27 fraternal, or social group:
28 (i) the brutalizing or torturing of humans or
29 animals;
30 (ii) the theft of human corpses;
31 (iii) the kidnapping of humans;
32 (iv) the desecration of any cemetery,
33 religious, fraternal, business, governmental,
34 educational, or other building or property; or
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1 (v) ritualized abuse of a child; or
2 (7) When a defendant is convicted of first degree
3 murder, after having been previously convicted in
4 Illinois of any offense listed under paragraph (c)(2) of
5 Section 5-5-3, when such conviction has occurred within
6 10 years after the previous conviction, excluding time
7 spent in custody, and such charges are separately brought
8 and tried and arise out of different series of acts; or
9 (8) When a defendant is convicted of a felony other
10 than conspiracy and the court finds that the felony was
11 committed under an agreement with 2 or more other persons
12 to commit that offense and the defendant, with respect to
13 the other individuals, occupied a position of organizer,
14 supervisor, financier, or any other position of
15 management or leadership, and the court further finds
16 that the felony committed was related to or in
17 furtherance of the criminal activities of an organized
18 gang or was motivated by the defendant's leadership in an
19 organized gang; or
20 (9) When a defendant is convicted of a felony
21 violation of Section 24-1 of the Criminal Code of 1961
22 and the court finds that the defendant is a member of an
23 organized gang; or
24 (10) When a defendant committed the offense using a
25 firearm with a laser sight attached to it. For purposes
26 of this paragraph (10), "laser sight" has the meaning
27 ascribed to it in Section 24.6-5 of the Criminal Code of
28 1961; or.
29 (11) (10) When a defendant who was at least 17
30 years of age at the time of the commission of the offense
31 is convicted of a felony and has been previously
32 adjudicated a delinquent minor under the Juvenile Court
33 Act of 1987 for an act that if committed by an adult
34 would be a Class X or Class 1 felony when the conviction
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1 has occurred within 10 years after the previous
2 adjudication, excluding time spent in custody; or .
3 (12) When a defendant is convicted of any felony
4 other than hate crime or institutional vandalism and the
5 court finds that the defendant committed the offense by
6 reason of the actual or perceived race, color, creed,
7 religion, ancestry, gender, sexual orientation, physical
8 or mental disability, or national origin of another
9 individual or group of individuals and regardless of the
10 existence of any other motivating factor or factors. For
11 purposes of this paragraph (12), "sexual orientation"
12 means heterosexuality, homosexuality, or bisexuality.
13 (b-1) For the purposes of this Section, "organized gang"
14 has the meaning ascribed to it in Section 10 of the Illinois
15 Streetgang Terrorism Omnibus Prevention Act.
16 (c) The court may impose an extended term sentence under
17 Section 5-8-2 upon any offender who was convicted of
18 aggravated criminal sexual assault or predatory criminal
19 sexual assault of a child under subsection (a)(1) of Section
20 12-14.1 of the Criminal Code of 1961 where the victim was
21 under 18 years of age at the time of the commission of the
22 offense.
23 (d) The court may impose an extended term sentence under
24 Section 5-8-2 upon any offender who was convicted of unlawful
25 use of weapons under Section 24-1 of the Criminal Code of
26 1961 for possessing a weapon that is not readily
27 distinguishable as one of the weapons enumerated in Section
28 24-1 of the Criminal Code of 1961.
29 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
30 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
31 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
32 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
33 revised 8-30-99.)