|
(9) the defendant committed the offense against a |
person who is
physically handicapped or such person's |
property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" means heterosexuality, homosexuality, or |
bisexuality;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 12-12 of the Criminal Code
of 1961, |
|
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
|
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
|
students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
|
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal Code of
1961;
|
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal
Code of 1961;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
|
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
1961;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act; or
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
or
.
|
(20) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code.
|
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
|
(b) The following factors may be considered by the court as
|
reasons to impose an extended term sentence under Section 5-8-2
|
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
|
class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
|
(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of voluntary |
manslaughter, second
degree murder, involuntary |
manslaughter or reckless homicide in which the
defendant |
has been convicted of causing the death of more than one |
individual; or
|
(4) When a defendant is convicted of any felony |
committed against:
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person physically handicapped at the time |
of the offense or
such person's property; or
|
(5) In the case of a defendant convicted of aggravated |
criminal sexual
assault or criminal sexual assault, when |
the court finds that
aggravated criminal sexual assault or |
criminal sexual assault
was also committed on the same |
victim by one or more other individuals,
and the defendant |
voluntarily participated in the crime with the knowledge
of |
the participation of the others in the crime, and the |
commission of the
crime was part of a single course of |
conduct during which there was no
substantial change in the |
nature of the criminal objective; or
|
(6) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
|
group:
|
(i) the brutalizing or torturing of humans or |
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
(7) When a defendant is convicted of first degree |
murder, after having
been previously convicted in Illinois |
of any offense listed under paragraph
(c)(2) of Section |
5-5-3, when such conviction has occurred within 10 years
|
after the previous conviction, excluding time spent in |
custody,
and such charges are separately brought and tried |
and arise out of
different series of acts; or
|
(8) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
(9) When a defendant is convicted of a felony violation |
of Section 24-1
of the Criminal Code of 1961 and the court |
finds that the defendant is a member
of an organized gang; |
or
|
(10) When a defendant committed the offense using a |
firearm with a
laser sight attached to it. For purposes of |
this paragraph (10), "laser sight"
has the meaning ascribed |
to it in Section 24.6-5 of the Criminal Code of
1961; or
|
(11) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
|
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(12) When a defendant commits an offense involving the |
illegal
manufacture of a controlled substance under |
Section 401 of the Illinois
Controlled Substances Act or |
the illegal possession of explosives and an
emergency |
response
officer in
the performance of his or her duties is
|
killed or injured at the scene of the offense while |
responding to the
emergency caused by the commission of the |
offense.
In this paragraph (12),
"emergency" means a |
situation in which a person's life, health, or safety is
in |
jeopardy; and
"emergency response officer" means a peace |
officer, community policing
volunteer, fireman, emergency |
medical
technician-ambulance, emergency medical |
technician-intermediate, emergency
medical |
technician-paramedic, ambulance
driver, other medical |
assistance or first aid personnel, or hospital emergency
|
room personnel.
|
(b-1) For the purposes of this Section, "organized gang" |
has the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(c) The court may impose an extended term sentence under |
Section 5-8-2
upon any offender who was convicted of aggravated |
criminal sexual assault
or predatory criminal sexual assault of |
a child under subsection (a)(1) of
Section 12-14.1 of
the |
Criminal Code of 1961
where the victim was under 18 years of |
age at the time of the commission
of the offense.
|
(d) The court may impose an extended term sentence under |
Section 5-8-2 upon
any offender who was convicted of unlawful |
use of weapons under Section 24-1 of
the Criminal Code of 1961 |
for possessing a weapon that is not readily
distinguishable as |
one of the weapons enumerated in Section 24-1 of the
Criminal |
|
Code of 1961.
|
(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; |
91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; |
91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. |
4-13-00; 92-266, eff. 1-1-02.)
|
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
|
Sec. 5-6-1. Sentences of Probation and of Conditional
|
Discharge and Disposition of Supervision.
The General Assembly |
finds that in order to protect the public, the
criminal justice |
system must compel compliance with the conditions of probation
|
by responding to violations with swift, certain and fair |
punishments and
intermediate sanctions. The Chief Judge of each |
circuit shall adopt a system of
structured, intermediate |
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
|
supervision.
|
(a) Except where specifically prohibited by other
|
provisions of this Code, the court shall impose a sentence
of |
probation or conditional discharge upon an offender
unless, |
having regard to the nature and circumstance of
the offense, |
and to the history, character and condition
of the offender, |
the court is of the opinion that:
|
(1) his imprisonment or periodic imprisonment is |
necessary
for the protection of the public; or
|
(2) probation or conditional discharge would deprecate
|
the seriousness of the offender's conduct and would be
|
inconsistent with the ends of justice; or
|
(3) a combination of imprisonment with concurrent or |
consecutive probation when an offender has been admitted |
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the |
public and for the rehabilitation of the offender.
|
The court shall impose as a condition of a sentence of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
|
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-6-4 of this Act.
|
(b) The court may impose a sentence of conditional
|
discharge for an offense if the court is of the opinion
that |
neither a sentence of imprisonment nor of periodic
imprisonment |
nor of probation supervision is appropriate.
|
(b-1) Subsections (a) and (b) of this Section do not apply |
to a defendant charged with a misdemeanor or felony under the |
Illinois Vehicle Code or reckless homicide under Section 9-3 of |
the Criminal Code of 1961 if the defendant within the past 12 |
months has been convicted of or pleaded guilty to a misdemeanor |
or felony under the Illinois Vehicle Code or reckless homicide |
under Section 9-3 of the Criminal Code of 1961.
|
(c) The court may, upon a plea of guilty or a stipulation
|
by the defendant of the facts supporting the charge or a
|
finding of guilt, defer further proceedings and the
imposition |
of a sentence, and enter an order for supervision of the |
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the |
Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; |
31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph |
(1) through (5), (8), (10), and (11) of subsection (a) of |
Section
24-1; (ii) a Class A misdemeanor violation of Section
|
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or |
(iii)
felony.
If the defendant
is not barred from receiving an |
order for supervision as provided in this
subsection, the court |
may enter an order for supervision after considering the
|
circumstances of the offense, and the history,
character and |
condition of the offender, if the court is of the opinion
that:
|
(1) the offender is not likely to commit further |
crimes;
|
(2) the defendant and the public would be best served |
if the
defendant were not to receive a criminal record; and
|
(3) in the best interests of justice an order of |
|
supervision
is more appropriate than a sentence otherwise |
permitted under this Code.
|
(d) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 11-501 of the Illinois |
Vehicle Code or a similar
provision of a local
ordinance when |
the defendant has previously been:
|
(1) convicted for a violation of Section 11-501 of
the |
Illinois Vehicle
Code or a similar provision of a
local |
ordinance or any similar law or ordinance of another state; |
or
|
(2) assigned supervision for a violation of Section |
11-501 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance or any similar law
or ordinance of |
another state; or
|
(3) pleaded guilty to or stipulated to the facts |
supporting
a charge or a finding of guilty to a violation |
of Section 11-503 of the
Illinois Vehicle Code or a similar |
provision of a local ordinance or any
similar law or |
ordinance of another state, and the
plea or stipulation was |
the result of a plea agreement.
|
The court shall consider the statement of the prosecuting
|
authority with regard to the standards set forth in this |
Section.
|
(e) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Section 16A-3 of the Criminal |
Code of 1961 if said
defendant has within the last 5 years |
been:
|
(1) convicted for a violation of Section 16A-3 of the |
Criminal Code of
1961; or
|
(2) assigned supervision for a violation of Section |
16A-3 of the Criminal
Code of 1961.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(f) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Sections 15-111, 15-112, |
|
15-301, paragraph (b)
of Section 6-104, Section 11-605, or |
Section 11-1414
of the Illinois Vehicle Code or a similar |
provision of a local ordinance.
|
(g) Except as otherwise provided in paragraph (i) of this |
Section, the
provisions of paragraph (c) shall not apply to a
|
defendant charged with violating Section
3-707, 3-708, 3-710, |
or 5-401.3
of the Illinois Vehicle Code or a similar provision |
of a local ordinance if the
defendant has within the last 5 |
years been:
|
(1) convicted for a violation of Section 3-707, 3-708, |
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
provision of a local
ordinance; or
|
(2) assigned supervision for a violation of Section |
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(h) The provisions of paragraph (c) shall not apply to a |
defendant under
the age of 21 years charged with violating a |
serious traffic offense as defined
in Section 1-187.001 of the |
Illinois Vehicle Code:
|
(1) unless the defendant, upon payment of the fines, |
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by |
the court under standards set by the Conference of Chief
|
Circuit Judges. The accused shall be responsible for |
payment of any traffic
safety program fees. If the accused |
fails to file a certificate of
successful completion on or |
before the termination date of the supervision
order, the |
supervision shall be summarily revoked and conviction |
entered. The
provisions of Supreme Court Rule 402 relating |
to pleas of guilty do not apply
in cases when a defendant |
enters a guilty plea under this provision; or
|
(2) if the defendant has previously been sentenced |
under the provisions of
paragraph (c) on or after January |
|
1, 1998 for any serious traffic offense as
defined in |
Section 1-187.001 of the Illinois Vehicle Code.
|
(i) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 3-707 of the Illinois |
Vehicle Code or a similar
provision of a local ordinance if the |
defendant has been assigned supervision
for a violation of |
Section 3-707 of the Illinois Vehicle Code or a similar
|
provision of a local ordinance.
|
(j) The provisions of paragraph (c) shall not apply to a
|
defendant charged with violating
Section 6-303 of the Illinois |
Vehicle Code or a similar provision of
a local ordinance when |
the revocation or suspension was for a violation of
Section |
11-501 or a similar provision of a local ordinance, a violation |
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the |
Illinois Vehicle
Code, or a violation of Section 9-3 of the |
Criminal Code of 1961 if the
defendant has within the last 10 |
years been:
|
(1) convicted for a violation of Section 6-303 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
|
(2) assigned supervision for a violation of Section |
6-303 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance.
|
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
|