Illinois General Assembly - Full Text of HB4155
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Full Text of HB4155  94th General Assembly

HB4155 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4155

 

Introduced 10/26/2005, by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/18-6 new
730 ILCS 5/5-5-3.2   from Ch. 38, par. 1005-5-3.2

    Amends the Criminal Code of 1961. Provides that it is unlawful to use force or to threaten the use of force against another person to effect or to attempt to effect a transaction at an electronic fund transfer terminal located in this State. Provides that a violation is a Class X felony. Amends the Unified Code of Corrections. Provides that a violation committed during the course of the commission of first degree murder is an aggravating factor in sentencing.


LRB094 14357 RLC 49280 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4155 LRB094 14357 RLC 49280 b

1     AN ACT concerning criminal law.
 
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 adding
5 Section 18-6 as follows:
 
6     (720 ILCS 5/18-6 new)
7     Sec. 18-6. Electronic fund transfer terminal; forced
8 transfer of funds.
9     (a) It is unlawful to use force or to threaten the use of
10 force against another person to effect or to attempt to effect
11 a transaction at an electronic fund transfer terminal located
12 in this State.
13     (b) Sentence. A violation of this Section is a Class X
14 felony.
15     (c) In this Section, "electronic fund transfer terminal"
16 has the meaning ascribed to it in Section 2.14 of the Illinois
17 Credit Card and Debit Card Act.
 
18     Section 10. The Unified Code of Corrections is amended by
19 changing Section 5-5-3.2 as follows:
 
20     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
21     Sec. 5-5-3.2. Factors in Aggravation.
22     (a) The following factors shall be accorded weight in favor
23 of imposing a term of imprisonment or may be considered by the
24 court as reasons to impose a more severe sentence under Section
25 5-8-1:
26         (1) the defendant's conduct caused or threatened
27     serious harm;
28         (2) the defendant received compensation for committing
29     the offense;
30         (3) the defendant has a history of prior delinquency or

 

 

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1     criminal activity;
2         (4) the defendant, by the duties of his office or by
3     his position, was obliged to prevent the particular offense
4     committed or to bring the offenders committing it to
5     justice;
6         (5) the defendant held public office at the time of the
7     offense, and the offense related to the conduct of that
8     office;
9         (6) the defendant utilized his professional reputation
10     or position in the community to commit the offense, or to
11     afford him an easier means of committing 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 property;
16         (9) the defendant committed the offense against a
17     person who is physically handicapped or such person's
18     property;
19         (10) by reason of another individual's actual or
20     perceived race, color, creed, religion, ancestry, gender,
21     sexual orientation, physical or mental disability, or
22     national origin, the defendant committed the offense
23     against (i) the person or property of that individual; (ii)
24     the person or property of a person who has an association
25     with, is married to, or has a friendship with the other
26     individual; or (iii) the person or property of a relative
27     (by blood or marriage) of a person described in clause (i)
28     or (ii). For the purposes of this Section, "sexual
29     orientation" means heterosexuality, homosexuality, or
30     bisexuality;
31         (11) the offense took place in a place of worship or on
32     the grounds of a place of worship, immediately prior to,
33     during or immediately following worship services. For
34     purposes of this subparagraph, "place of worship" shall
35     mean any church, synagogue or other building, structure or
36     place used primarily for religious worship;

 

 

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1         (12) the defendant was convicted of a felony committed
2     while he was released on bail or his own recognizance
3     pending trial for a prior felony and was convicted of such
4     prior felony, or the defendant was convicted of a felony
5     committed while he was serving a period of probation,
6     conditional discharge, or mandatory supervised release
7     under subsection (d) of Section 5-8-1 for a prior felony;
8         (13) the defendant committed or attempted to commit a
9     felony while he was wearing a bulletproof vest. For the
10     purposes of this paragraph (13), a bulletproof vest is any
11     device which is designed for the purpose of protecting the
12     wearer from bullets, shot or other lethal projectiles;
13         (14) the defendant held a position of trust or
14     supervision such as, but not limited to, family member as
15     defined in Section 12-12 of the Criminal Code of 1961,
16     teacher, scout leader, baby sitter, or day care worker, in
17     relation to a victim under 18 years of age, and the
18     defendant committed an offense in violation of Section
19     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
20     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
21     against that victim;
22         (15) the defendant committed an offense related to the
23     activities of an organized gang. For the purposes of this
24     factor, "organized gang" has the meaning ascribed to it in
25     Section 10 of the Streetgang Terrorism Omnibus Prevention
26     Act;
27         (16) the defendant committed an offense in violation of
28     one of the following Sections while in a school, regardless
29     of the time of day or time of year; on any conveyance
30     owned, leased, or contracted by a school to transport
31     students to or from school or a school related activity; on
32     the real property of a school; or on a public way within
33     1,000 feet of the real property comprising any school:
34     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
35     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
36     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or

 

 

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1     33A-2 of the Criminal Code of 1961;
2         (16.5) the defendant committed an offense in violation
3     of one of the following Sections while in a day care
4     center, regardless of the time of day or time of year; on
5     the real property of a day care center, regardless of the
6     time of day or time of year; or on a public way within
7     1,000 feet of the real property comprising any day care
8     center, regardless of the time of day or time of year:
9     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
10     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
12     33A-2 of the Criminal Code of 1961;
13         (17) the defendant committed the offense by reason of
14     any person's activity as a community policing volunteer or
15     to prevent any person from engaging in activity as a
16     community policing volunteer. For the purpose of this
17     Section, "community policing volunteer" has the meaning
18     ascribed to it in Section 2-3.5 of the Criminal Code of
19     1961;
20         (18) the defendant committed the offense in a nursing
21     home or on the real property comprising a nursing home. For
22     the purposes of this paragraph (18), "nursing home" means a
23     skilled nursing or intermediate long term care facility
24     that is subject to license by the Illinois Department of
25     Public Health under the Nursing Home Care Act;
26         (19) the defendant was a federally licensed firearm
27     dealer and was previously convicted of a violation of
28     subsection (a) of Section 3 of the Firearm Owners
29     Identification Card Act and has now committed either a
30     felony violation of the Firearm Owners Identification Card
31     Act or an act of armed violence while armed with a firearm;
32     or
33         (20) the defendant (i) committed the offense of
34     reckless homicide under Section 9-3 of the Criminal Code of
35     1961 or the offense of driving under the influence of
36     alcohol, other drug or drugs, intoxicating compound or

 

 

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1     compounds or any combination thereof under Section 11-501
2     of the Illinois Vehicle Code or a similar provision of a
3     local ordinance and (ii) was operating a motor vehicle in
4     excess of 20 miles per hour over the posted speed limit as
5     provided in Article VI of Chapter 11 of the Illinois
6     Vehicle Code; .
7         (21) (20) the defendant (i) committed the offense of
8     reckless driving or aggravated reckless driving under
9     Section 11-503 of the Illinois Vehicle Code and (ii) was
10     operating a motor vehicle in excess of 20 miles per hour
11     over the posted speed limit as provided in Article VI of
12     Chapter 11 of the Illinois Vehicle Code; or
13         (22) the defendant committed the offense of first
14     degree murder during the commission of a violation of
15     Section 18-6 of the Criminal Code of 1961.
16     For the purposes of this Section:
17     "School" is defined as a public or private elementary or
18 secondary school, community college, college, or university.
19     "Day care center" means a public or private State certified
20 and licensed day care center as defined in Section 2.09 of the
21 Child Care Act of 1969 that displays a sign in plain view
22 stating that the property is a day care center.
23     (b) The following factors may be considered by the court as
24 reasons to impose an extended term sentence under Section 5-8-2
25 upon any offender:
26         (1) When a defendant is convicted of any felony, after
27     having been previously convicted in Illinois or any other
28     jurisdiction of the same or similar class felony or greater
29     class felony, when such conviction has occurred within 10
30     years after the previous conviction, excluding time spent
31     in custody, and such charges are separately brought and
32     tried and arise out of different series of acts; or
33         (2) When a defendant is convicted of any felony and the
34     court finds that the offense was accompanied by
35     exceptionally brutal or heinous behavior indicative of
36     wanton cruelty; or

 

 

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1         (3) When a defendant is convicted of voluntary
2     manslaughter, second degree murder, involuntary
3     manslaughter or reckless homicide in which the defendant
4     has been convicted of causing the death of more than one
5     individual; or
6         (4) When a defendant is convicted of any felony
7     committed against:
8             (i) a person under 12 years of age at the time of
9         the offense or such person's property;
10             (ii) a person 60 years of age or older at the time
11         of the offense or such person's property; or
12             (iii) a person physically handicapped at the time
13         of the offense or such person's property; or
14         (5) In the case of a defendant convicted of aggravated
15     criminal sexual assault or criminal sexual assault, when
16     the court finds that aggravated criminal sexual assault or
17     criminal sexual assault was also committed on the same
18     victim by one or more other individuals, and the defendant
19     voluntarily participated in the crime with the knowledge of
20     the participation of the others in the crime, and the
21     commission of the crime was part of a single course of
22     conduct during which there was no substantial change in the
23     nature of the criminal objective; or
24         (6) When a defendant is convicted of any felony and the
25     offense involved any of the following types of specific
26     misconduct committed as part of a ceremony, rite,
27     initiation, observance, performance, practice or activity
28     of any actual or ostensible religious, fraternal, or social
29     group:
30             (i) the brutalizing or torturing of humans or
31         animals;
32             (ii) the theft of human corpses;
33             (iii) the kidnapping of humans;
34             (iv) the desecration of any cemetery, religious,
35         fraternal, business, governmental, educational, or
36         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 Illinois
4     of any offense listed under paragraph (c)(2) of Section
5     5-5-3, when such conviction has occurred within 10 years
6     after the previous conviction, excluding time spent in
7     custody, and such charges are separately brought and tried
8     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 management
15     or leadership, and the court further finds that the felony
16     committed was related to or in furtherance of the criminal
17     activities of an organized gang or was motivated by the
18     defendant's leadership in an organized gang; or
19         (9) When a defendant is convicted of a felony violation
20     of Section 24-1 of the Criminal Code of 1961 and the court
21     finds that the defendant is a member of an organized gang;
22     or
23         (10) When a defendant committed the offense using a
24     firearm with a laser sight attached to it. For purposes of
25     this paragraph (10), "laser sight" has the meaning ascribed
26     to it in Section 24.6-5 of the Criminal Code of 1961; or
27         (11) When a defendant who was at least 17 years of age
28     at the time of the commission of the offense is convicted
29     of a felony and has been previously adjudicated a
30     delinquent minor under the Juvenile Court Act of 1987 for
31     an act that if committed by an adult would be a Class X or
32     Class 1 felony when the conviction has occurred within 10
33     years after the previous adjudication, excluding time
34     spent in custody; or
35         (12) When a defendant commits an offense involving the
36     illegal manufacture of a controlled substance under

 

 

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1     Section 401 of the Illinois Controlled Substances Act, the
2     illegal manufacture of methamphetamine under Section 25 of
3     the Methamphetamine Control and Community Protection Act,
4     or the illegal possession of explosives and an emergency
5     response officer in the performance of his or her duties is
6     killed or injured at the scene of the offense while
7     responding to the emergency caused by the commission of the
8     offense. In this paragraph (12), "emergency" means a
9     situation in which a person's life, health, or safety is in
10     jeopardy; and "emergency response officer" means a peace
11     officer, community policing volunteer, fireman, emergency
12     medical technician-ambulance, emergency medical
13     technician-intermediate, emergency medical
14     technician-paramedic, ambulance driver, other medical
15     assistance or first aid personnel, or hospital emergency
16     room personnel.
17     (b-1) For the purposes of this Section, "organized gang"
18 has the meaning ascribed to it in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20     (c) The court may impose an extended term sentence under
21 Section 5-8-2 upon any offender who was convicted of aggravated
22 criminal sexual assault or predatory criminal sexual assault of
23 a child under subsection (a)(1) of Section 12-14.1 of the
24 Criminal Code of 1961 where the victim was under 18 years of
25 age at the time of the commission of the offense.
26     (d) The court may impose an extended term sentence under
27 Section 5-8-2 upon any offender who was convicted of unlawful
28 use of weapons under Section 24-1 of the Criminal Code of 1961
29 for possessing a weapon that is not readily distinguishable as
30 one of the weapons enumerated in Section 24-1 of the Criminal
31 Code of 1961.
32 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
33 eff. 9-11-05; revised 8-19-05.)