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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB0978eng HB0978 Engrossed LRB9204513RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-5-3.2 as follows: 6 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2) 7 Sec. 5-5-3.2. Factors in Aggravation. 8 (a) The following factors shall be accorded weight in 9 favor of imposing a term of imprisonment or may be considered 10 by the court as reasons to impose a more severe sentence 11 under Section 5-8-1: 12 (1) the defendant's conduct caused or threatened 13 serious harm; 14 (2) the defendant received compensation for 15 committing the offense; 16 (3) the defendant has a history of prior 17 delinquency or criminal activity; 18 (4) the defendant, by the duties of his office or 19 by his position, was obliged to prevent the particular 20 offense committed or to bring the offenders committing it 21 to justice; 22 (5) the defendant held public office at the time of 23 the offense, and the offense related to the conduct of 24 that office; 25 (6) the defendant utilized his professional 26 reputation or position in the community to commit the 27 offense, or to afford him an easier means of committing 28 it; 29 (7) the sentence is necessary to deter others from 30 committing the same crime; 31 (8) the defendant committed the offense against a HB0978 Engrossed -2- LRB9204513RCcd 1 person 60 years of age or older or such person's 2 property; 3 (9) the defendant committed the offense against a 4 person who is physically handicapped or such person's 5 property; 6 (10) by reason of another individual's actual or 7 perceived race, color, creed, religion, ancestry, gender, 8 sexual orientation, physical or mental disability, or 9 national origin, the defendant committed the offense 10 against (i) the person or property of that individual; 11 (ii) the person or property of a person who has an 12 association with, is married to, or has a friendship with 13 the other individual; or (iii) the person or property of 14 a relative (by blood or marriage) of a person described 15 in clause (i) or (ii). For the purposes of this Section, 16 "sexual orientation" means heterosexuality, 17 homosexuality, or bisexuality; 18 (11) the offense took place in a place of worship 19 or on the grounds of a place of worship, immediately 20 prior to, during or immediately following worship 21 services. For purposes of this subparagraph, "place of 22 worship" shall mean any church, synagogue or other 23 building, structure or place used primarily for religious 24 worship; 25 (12) the defendant was convicted of a felony 26 committed while he was released on bail or his own 27 recognizance pending trial for a prior felony and was 28 convicted of such prior felony, or the defendant was 29 convicted of a felony committed while he was serving a 30 period of probation, conditional discharge, or mandatory 31 supervised release under subsection (d) of Section 5-8-1 32 for a prior felony; 33 (13) the defendant committed or attempted to commit 34 a felony while he was wearing a bulletproof vest. For HB0978 Engrossed -3- LRB9204513RCcd 1 the purposes of this paragraph (13), a bulletproof vest 2 is any device which is designed for the purpose of 3 protecting the wearer from bullets, shot or other lethal 4 projectiles; 5 (14) the defendant held a position of trust or 6 supervision such as, but not limited to, family member as 7 defined in Section 12-12 of the Criminal Code of 1961, 8 teacher, scout leader, baby sitter, or day care worker, 9 in relation to a victim under 18 years of age, and the 10 defendant committed an offense in violation of Section 11 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 13 1961 against that victim; 14 (15) the defendant committed an offense related to 15 the activities of an organized gang. For the purposes of 16 this factor, "organized gang" has the meaning ascribed to 17 it in Section 10 of the Streetgang Terrorism Omnibus 18 Prevention Act; 19 (16) the defendant committed an offense in 20 violation of one of the following Sections while in a 21 school, regardless of the time of day or time of year; on 22 any conveyance owned, leased, or contracted by a school 23 to transport students to or from school or a school 24 related activity; on the real property of a school; or on 25 a public way within 1,000 feet of the real property 26 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 27 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 28 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 29 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 30 1961; 31 (16.5) the defendant committed an offense in 32 violation of one of the following Sections while in a day 33 care center, regardless of the time of day or time of 34 year; on the real property of a day care center, HB0978 Engrossed -4- LRB9204513RCcd 1 regardless of the time of day or time of year; or on a 2 public way within 1,000 feet of the real property 3 comprising any day care center, regardless of the time of 4 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1, 5 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 6 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 7 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 8 1961; 9 (17) the defendant committed the offense by reason 10 of any person's activity as a community policing 11 volunteer or to prevent any person from engaging in 12 activity as a community policing volunteer. For the 13 purpose of this Section, "community policing volunteer" 14 has the meaning ascribed to it in Section 2-3.5 of the 15 Criminal Code of 1961; 16 (18) the defendant committed the offense in a 17 nursing home or on the real property comprising a nursing 18 home. For the purposes of this paragraph (18), "nursing 19 home" means a skilled nursing or intermediate long term 20 care facility that is subject to license by the Illinois 21 Department of Public Health under the Nursing Home Care 22 Act; or 23 (19) the defendant was a federally licensed firearm 24 dealer and was previously convicted of a violation of 25 subsection (a) of Section 3 of the Firearm Owners 26 Identification Card Act and has now committed either a 27 felony violation of the Firearm Owners Identification 28 Card Act or an act of armed violence while armed with a 29 firearm. 30 For the purposes of this Section: 31 "School" is defined as a public or private elementary or 32 secondary school, community college, college, or university. 33 "Day care center" means a public or private State 34 certified and licensed day care center as defined in Section HB0978 Engrossed -5- LRB9204513RCcd 1 2.09 of the Child Care Act of 1969 that displays a sign in 2 plain view stating that the property is a day care center. 3 (b) The following factors may be considered by the court 4 as reasons to impose an extended term sentence under Section 5 5-8-2 upon any offender: 6 (1) When a defendant is convicted of any felony, 7 after having been previously convicted in Illinois or any 8 other jurisdiction of the same or similar class felony or 9 greater class felony, when such conviction has occurred 10 within 10 years after the previous conviction, excluding 11 time spent in custody, and such charges are separately 12 brought and tried and arise out of different series of 13 acts; or 14 (2) When a defendant is convicted of any felony and 15 the court finds that the offense was accompanied by 16 exceptionally brutal or heinous behavior indicative of 17 wanton cruelty; or 18 (3) When a defendant is convicted of voluntary 19 manslaughter, second degree murder, involuntary 20 manslaughter or reckless homicide in which the defendant 21 has been convicted of causing the death of more than one 22 individual; or 23 (4) When a defendant is convicted of any felony 24 committed against: 25 (i) a person under 12 years of age at the time 26 of the offense or such person's property; 27 (ii) a person 60 years of age or older at the 28 time of the offense or such person's property; or 29 (iii) a person physically handicapped at the 30 time of the offense or such person's property; or 31 (5) In the case of a defendant convicted of 32 aggravated criminal sexual assault or criminal sexual 33 assault, when the court finds that aggravated criminal 34 sexual assault or criminal sexual assault was also HB0978 Engrossed -6- LRB9204513RCcd 1 committed on the same victim by one or more other 2 individuals, and the defendant voluntarily participated 3 in the crime with the knowledge of the participation of 4 the others in the crime, and the commission of the crime 5 was part of a single course of conduct during which there 6 was no substantial change in the nature of the criminal 7 objective; or 8 (6) When a defendant is convicted of any felony and 9 the offense involved any of the following types of 10 specific misconduct committed as part of a ceremony, 11 rite, initiation, observance, performance, practice or 12 activity of any actual or ostensible religious, 13 fraternal, or social group: 14 (i) the brutalizing or torturing of humans or 15 animals; 16 (ii) the theft of human corpses; 17 (iii) the kidnapping of humans; 18 (iv) the desecration of any cemetery, 19 religious, fraternal, business, governmental, 20 educational, or other building or property; or 21 (v) ritualized abuse of a child; or 22 (7) When a defendant is convicted of first degree 23 murder, after having been previously convicted in 24 Illinois of any offense listed under paragraph (c)(2) of 25 Section 5-5-3, when such conviction has occurred within 26 10 years after the previous conviction, excluding time 27 spent in custody, and such charges are separately brought 28 and tried and arise out of different series of acts; or 29 (8) When a defendant is convicted of a felony other 30 than conspiracy and the court finds that the felony was 31 committed under an agreement with 2 or more other persons 32 to commit that offense and the defendant, with respect to 33 the other individuals, occupied a position of organizer, 34 supervisor, financier, or any other position of HB0978 Engrossed -7- LRB9204513RCcd 1 management or leadership, and the court further finds 2 that the felony committed was related to or in 3 furtherance of the criminal activities of an organized 4 gang or was motivated by the defendant's leadership in an 5 organized gang; or 6 (9) When a defendant is convicted of a felony 7 violation of Section 24-1 of the Criminal Code of 1961 8 and the court finds that the defendant is a member of an 9 organized gang; or 10 (10) When a defendant committed the offense using a 11 firearm with a laser sight attached to it. For purposes 12 of this paragraph (10), "laser sight" has the meaning 13 ascribed to it in Section 24.6-5 of the Criminal Code of 14 1961; or 15 (11) When a defendant who was at least 17 years of 16 age at the time of the commission of the offense is 17 convicted of a felony and has been previously adjudicated 18 a delinquent minor under the Juvenile Court Act of 1987 19 for an act that if committed by an adult would be a Class 20 X or Class 1 felony when the conviction has occurred 21 within 10 years after the previous adjudication, 22 excluding time spent in custody; or.23 (12) When a defendant commits an offense involving 24 the illegal manufacture of a controlled substance under 25 Section 401 of the Illinois Controlled Substances Act or 26 the illegal possession of explosives and an emergency 27 response officer in the performance of his or her duties 28 is killed or injured at the scene of the offense while 29 responding to the emergency caused by the commission of 30 the offense. In this paragraph (12), "emergency" means a 31 situation in which a person's life, health, or safety is 32 in jeopardy; and "emergency response officer" means a 33 peace officer, community policing volunteer, fireman, 34 emergency medical technician-ambulance, emergency medical HB0978 Engrossed -8- LRB9204513RCcd 1 technician-intermediate, emergency medical 2 technician-paramedic, ambulance driver, other medical 3 assistance or first aid personnel, or hospital emergency 4 room personnel. 5 (b-1) For the purposes of this Section, "organized gang" 6 has the meaning ascribed to it in Section 10 of the Illinois 7 Streetgang Terrorism Omnibus Prevention Act. 8 (c) The court may impose an extended term sentence under 9 Section 5-8-2 upon any offender who was convicted of 10 aggravated criminal sexual assault or predatory criminal 11 sexual assault of a child under subsection (a)(1) of Section 12 12-14.1 of the Criminal Code of 1961 where the victim was 13 under 18 years of age at the time of the commission of the 14 offense. 15 (d) The court may impose an extended term sentence under 16 Section 5-8-2 upon any offender who was convicted of unlawful 17 use of weapons under Section 24-1 of the Criminal Code of 18 1961 for possessing a weapon that is not readily 19 distinguishable as one of the weapons enumerated in Section 20 24-1 of the Criminal Code of 1961. 21 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99; 22 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff. 23 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268, 24 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00; 25 91-696, eff. 4-13-00.)