HB3648 Enrolled LRB094 11229 DRH 41956 b

1     AN ACT concerning driving offenses, which may be referred
2 to as Matt's Law.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Unified Code of Corrections is amended by
6 changing Sections 5-5-3.2 and 5-6-1 as follows:
 
7     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
8     Sec. 5-5-3.2. Factors in Aggravation.
9     (a) The following factors shall be accorded weight in favor
10 of imposing a term of imprisonment or may be considered by the
11 court as reasons to impose a more severe sentence under Section
12 5-8-1:
13         (1) the defendant's conduct caused or threatened
14     serious harm;
15         (2) the defendant received compensation for committing
16     the offense;
17         (3) the defendant has a history of prior delinquency or
18     criminal activity;
19         (4) the defendant, by the duties of his office or by
20     his position, was obliged to prevent the particular offense
21     committed or to bring the offenders committing it to
22     justice;
23         (5) the defendant held public office at the time of the
24     offense, and the offense related to the conduct of that
25     office;
26         (6) the defendant utilized his professional reputation
27     or position in the community to commit the offense, or to
28     afford him an easier means of committing 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
32     person 60 years of age or older or such person's property;

 

 

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1         (9) the defendant committed the offense against a
2     person who is physically handicapped or such person's
3     property;
4         (10) by reason of another individual's actual or
5     perceived race, color, creed, religion, ancestry, gender,
6     sexual orientation, physical or mental disability, or
7     national origin, the defendant committed the offense
8     against (i) the person or property of that individual; (ii)
9     the person or property of a person who has an association
10     with, is married to, or has a friendship with the other
11     individual; or (iii) the person or property of a relative
12     (by blood or marriage) of a person described in clause (i)
13     or (ii). For the purposes of this Section, "sexual
14     orientation" means heterosexuality, homosexuality, or
15     bisexuality;
16         (11) the offense took place in a place of worship or on
17     the grounds of a place of worship, immediately prior to,
18     during or immediately following worship services. For
19     purposes of this subparagraph, "place of worship" shall
20     mean any church, synagogue or other building, structure or
21     place used primarily for religious worship;
22         (12) the defendant was convicted of a felony committed
23     while he was released on bail or his own recognizance
24     pending trial for a prior felony and was convicted of such
25     prior felony, or the defendant was convicted of a felony
26     committed while he was serving a period of probation,
27     conditional discharge, or mandatory supervised release
28     under subsection (d) of Section 5-8-1 for a prior felony;
29         (13) the defendant committed or attempted to commit a
30     felony while he was wearing a bulletproof vest. For the
31     purposes of this paragraph (13), a bulletproof vest is any
32     device which is designed for the purpose of protecting the
33     wearer from bullets, shot or other lethal projectiles;
34         (14) the defendant held a position of trust or
35     supervision such as, but not limited to, family member as
36     defined in Section 12-12 of the Criminal Code of 1961,

 

 

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1     teacher, scout leader, baby sitter, or day care worker, in
2     relation to a victim under 18 years of age, and the
3     defendant committed an offense in violation of Section
4     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
5     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
6     against that victim;
7         (15) the defendant committed an offense related to the
8     activities of an organized gang. For the purposes of this
9     factor, "organized gang" has the meaning ascribed to it in
10     Section 10 of the Streetgang Terrorism Omnibus Prevention
11     Act;
12         (16) the defendant committed an offense in violation of
13     one of the following Sections while in a school, regardless
14     of the time of day or time of year; on any conveyance
15     owned, leased, or contracted by a school to transport
16     students to or from school or a school related activity; on
17     the real property of a school; or on a public way within
18     1,000 feet of the real property comprising any school:
19     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
20     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
21     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
22     33A-2 of the Criminal Code of 1961;
23         (16.5) the defendant committed an offense in violation
24     of one of the following Sections while in a day care
25     center, regardless of the time of day or time of year; on
26     the real property of a day care center, regardless of the
27     time of day or time of year; or on a public way within
28     1,000 feet of the real property comprising any day care
29     center, regardless of the time of day or time of year:
30     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
31     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
32     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33     33A-2 of the Criminal Code of 1961;
34         (17) the defendant committed the offense by reason of
35     any person's activity as a community policing volunteer or
36     to prevent any person from engaging in activity as a

 

 

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1     community policing volunteer. For the purpose of this
2     Section, "community policing volunteer" has the meaning
3     ascribed to it in Section 2-3.5 of the Criminal Code of
4     1961;
5         (18) the defendant committed the offense in a nursing
6     home or on the real property comprising a nursing home. For
7     the purposes of this paragraph (18), "nursing home" means a
8     skilled nursing or intermediate long term care facility
9     that is subject to license by the Illinois Department of
10     Public Health under the Nursing Home Care Act; or
11         (19) the defendant was a federally licensed firearm
12     dealer and was previously convicted of a violation of
13     subsection (a) of Section 3 of the Firearm Owners
14     Identification Card Act and has now committed either a
15     felony violation of the Firearm Owners Identification Card
16     Act or an act of armed violence while armed with a firearm;
17     or .
18         (20) the defendant (i) committed the offense of
19     reckless driving or aggravated reckless driving under
20     Section 11-503 of the Illinois Vehicle Code and (ii) was
21     operating a motor vehicle in excess of 20 miles per hour
22     over the posted speed limit as provided in Article VI of
23     Chapter 11 of the Illinois Vehicle Code.
24     For the purposes of this Section:
25     "School" is defined as a public or private elementary or
26 secondary school, community college, college, or university.
27     "Day care center" means a public or private State certified
28 and licensed day care center as defined in Section 2.09 of the
29 Child Care Act of 1969 that displays a sign in plain view
30 stating that the property is a day care center.
31     (b) The following factors may be considered by the court as
32 reasons to impose an extended term sentence under Section 5-8-2
33 upon any offender:
34         (1) When a defendant is convicted of any felony, after
35     having been previously convicted in Illinois or any other
36     jurisdiction of the same or similar class felony or greater

 

 

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1     class felony, when such conviction has occurred within 10
2     years after the previous conviction, excluding time spent
3     in custody, and such charges are separately brought and
4     tried and arise out of different series of acts; or
5         (2) When a defendant is convicted of any felony and the
6     court finds that the offense was accompanied by
7     exceptionally brutal or heinous behavior indicative of
8     wanton cruelty; or
9         (3) When a defendant is convicted of voluntary
10     manslaughter, second degree murder, involuntary
11     manslaughter or reckless homicide in which the defendant
12     has been convicted of causing the death of more than one
13     individual; or
14         (4) When a defendant is convicted of any felony
15     committed against:
16             (i) a person under 12 years of age at the time of
17         the offense or such person's property;
18             (ii) a person 60 years of age or older at the time
19         of the offense or such person's property; or
20             (iii) a person physically handicapped at the time
21         of the offense or such person's property; or
22         (5) In the case of a defendant convicted of aggravated
23     criminal sexual assault or criminal sexual assault, when
24     the court finds that aggravated criminal sexual assault or
25     criminal sexual assault was also committed on the same
26     victim by one or more other individuals, and the defendant
27     voluntarily participated in the crime with the knowledge of
28     the participation of the others in the crime, and the
29     commission of the crime was part of a single course of
30     conduct during which there was no substantial change in the
31     nature of the criminal objective; or
32         (6) When a defendant is convicted of any felony and the
33     offense involved any of the following types of specific
34     misconduct committed as part of a ceremony, rite,
35     initiation, observance, performance, practice or activity
36     of any actual or ostensible religious, fraternal, or social

 

 

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1     group:
2             (i) the brutalizing or torturing of humans or
3         animals;
4             (ii) the theft of human corpses;
5             (iii) the kidnapping of humans;
6             (iv) the desecration of any cemetery, religious,
7         fraternal, business, governmental, educational, or
8         other building or property; or
9             (v) ritualized abuse of a child; or
10         (7) When a defendant is convicted of first degree
11     murder, after having been previously convicted in Illinois
12     of any offense listed under paragraph (c)(2) of Section
13     5-5-3, when such conviction has occurred within 10 years
14     after the previous conviction, excluding time spent in
15     custody, and such charges are separately brought and tried
16     and arise out of different series of acts; or
17         (8) When a defendant is convicted of a felony other
18     than conspiracy and the court finds that the felony was
19     committed under an agreement with 2 or more other persons
20     to commit that offense and the defendant, with respect to
21     the other individuals, occupied a position of organizer,
22     supervisor, financier, or any other position of management
23     or leadership, and the court further finds that the felony
24     committed was related to or in furtherance of the criminal
25     activities of an organized gang or was motivated by the
26     defendant's leadership in an organized gang; or
27         (9) When a defendant is convicted of a felony violation
28     of Section 24-1 of the Criminal Code of 1961 and the court
29     finds that the defendant is a member of an organized gang;
30     or
31         (10) When a defendant committed the offense using a
32     firearm with a laser sight attached to it. For purposes of
33     this paragraph (10), "laser sight" has the meaning ascribed
34     to it in Section 24.6-5 of the Criminal Code of 1961; or
35         (11) When a defendant who was at least 17 years of age
36     at the time of the commission of the offense is convicted

 

 

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1     of a felony and has been previously adjudicated a
2     delinquent minor under the Juvenile Court Act of 1987 for
3     an act that if committed by an adult would be a Class X or
4     Class 1 felony when the conviction has occurred within 10
5     years after the previous adjudication, excluding time
6     spent in custody; or
7         (12) When a defendant commits an offense involving the
8     illegal manufacture of a controlled substance under
9     Section 401 of the Illinois Controlled Substances Act or
10     the illegal possession of explosives and an emergency
11     response officer in the performance of his or her duties is
12     killed or injured at the scene of the offense while
13     responding to the emergency caused by the commission of the
14     offense. In this paragraph (12), "emergency" means a
15     situation in which a person's life, health, or safety is in
16     jeopardy; and "emergency response officer" means a peace
17     officer, community policing volunteer, fireman, emergency
18     medical technician-ambulance, emergency medical
19     technician-intermediate, emergency medical
20     technician-paramedic, ambulance driver, other medical
21     assistance or first aid personnel, or hospital emergency
22     room personnel.
23     (b-1) For the purposes of this Section, "organized gang"
24 has the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26     (c) The court may impose an extended term sentence under
27 Section 5-8-2 upon any offender who was convicted of aggravated
28 criminal sexual assault or predatory criminal sexual assault of
29 a child under subsection (a)(1) of Section 12-14.1 of the
30 Criminal Code of 1961 where the victim was under 18 years of
31 age at the time of the commission of the offense.
32     (d) The court may impose an extended term sentence under
33 Section 5-8-2 upon any offender who was convicted of unlawful
34 use of weapons under Section 24-1 of the Criminal Code of 1961
35 for possessing a weapon that is not readily distinguishable as
36 one of the weapons enumerated in Section 24-1 of the Criminal

 

 

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1 Code of 1961.
2 (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99;
3 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268, eff. 1-1-00;
4 91-357, eff. 7-29-99; 91-437, eff. 1-1-00; 91-696, eff.
5 4-13-00; 92-266, eff. 1-1-02.)
 
6     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
7     Sec. 5-6-1. Sentences of Probation and of Conditional
8 Discharge and Disposition of Supervision. The General Assembly
9 finds that in order to protect the public, the criminal justice
10 system must compel compliance with the conditions of probation
11 by responding to violations with swift, certain and fair
12 punishments and intermediate sanctions. The Chief Judge of each
13 circuit shall adopt a system of structured, intermediate
14 sanctions for violations of the terms and conditions of a
15 sentence of probation, conditional discharge or disposition of
16 supervision.
17     (a) Except where specifically prohibited by other
18 provisions of this Code, the court shall impose a sentence of
19 probation or conditional discharge upon an offender unless,
20 having regard to the nature and circumstance of the offense,
21 and to the history, character and condition of the offender,
22 the court is of the opinion that:
23         (1) his imprisonment or periodic imprisonment is
24     necessary for the protection of the public; or
25         (2) probation or conditional discharge would deprecate
26     the seriousness of the offender's conduct and would be
27     inconsistent with the ends of justice; or
28         (3) a combination of imprisonment with concurrent or
29     consecutive probation when an offender has been admitted
30     into a drug court program under Section 20 of the Drug
31     Court Treatment Act is necessary for the protection of the
32     public and for the rehabilitation of the offender.
33     The court shall impose as a condition of a sentence of
34 probation, conditional discharge, or supervision, that the
35 probation agency may invoke any sanction from the list of

 

 

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1 intermediate sanctions adopted by the chief judge of the
2 circuit court for violations of the terms and conditions of the
3 sentence of probation, conditional discharge, or supervision,
4 subject to the provisions of Section 5-6-4 of this Act.
5     (b) The court may impose a sentence of conditional
6 discharge for an offense if the court is of the opinion that
7 neither a sentence of imprisonment nor of periodic imprisonment
8 nor of probation supervision is appropriate.
9     (b-1) Subsections (a) and (b) of this Section do not apply
10 to a defendant charged with a misdemeanor or felony under the
11 Illinois Vehicle Code or reckless homicide under Section 9-3 of
12 the Criminal Code of 1961 if the defendant within the past 12
13 months has been convicted of or pleaded guilty to a misdemeanor
14 or felony under the Illinois Vehicle Code or reckless homicide
15 under Section 9-3 of the Criminal Code of 1961.
16     (c) The court may, upon a plea of guilty or a stipulation
17 by the defendant of the facts supporting the charge or a
18 finding of guilt, defer further proceedings and the imposition
19 of a sentence, and enter an order for supervision of the
20 defendant, if the defendant is not charged with: (i) a Class A
21 misdemeanor, as defined by the following provisions of the
22 Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1;
23 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
24 (1) through (5), (8), (10), and (11) of subsection (a) of
25 Section 24-1; (ii) a Class A misdemeanor violation of Section
26 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or
27 (iii) felony. If the defendant is not barred from receiving an
28 order for supervision as provided in this subsection, the court
29 may enter an order for supervision after considering the
30 circumstances of the offense, and the history, character and
31 condition of the offender, if the court is of the opinion that:
32         (1) the offender is not likely to commit further
33     crimes;
34         (2) the defendant and the public would be best served
35     if the defendant were not to receive a criminal record; and
36         (3) in the best interests of justice an order of

 

 

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1     supervision is more appropriate than a sentence otherwise
2     permitted under this Code.
3     (d) The provisions of paragraph (c) shall not apply to a
4 defendant charged with violating Section 11-501 of the Illinois
5 Vehicle Code or a similar provision of a local ordinance when
6 the defendant has previously been:
7         (1) convicted for a violation of Section 11-501 of the
8     Illinois Vehicle Code or a similar provision of a local
9     ordinance or any similar law or ordinance of another state;
10     or
11         (2) assigned supervision for a violation of Section
12     11-501 of the Illinois Vehicle Code or a similar provision
13     of a local ordinance or any similar law or ordinance of
14     another state; or
15         (3) pleaded guilty to or stipulated to the facts
16     supporting a charge or a finding of guilty to a violation
17     of Section 11-503 of the Illinois Vehicle Code or a similar
18     provision of a local ordinance or any similar law or
19     ordinance of another state, and the plea or stipulation was
20     the result of a plea agreement.
21     The court shall consider the statement of the prosecuting
22 authority with regard to the standards set forth in this
23 Section.
24     (e) The provisions of paragraph (c) shall not apply to a
25 defendant charged with violating Section 16A-3 of the Criminal
26 Code of 1961 if said defendant has within the last 5 years
27 been:
28         (1) convicted for a violation of Section 16A-3 of the
29     Criminal Code of 1961; or
30         (2) assigned supervision for a violation of Section
31     16A-3 of the Criminal Code of 1961.
32     The court shall consider the statement of the prosecuting
33 authority with regard to the standards set forth in this
34 Section.
35     (f) The provisions of paragraph (c) shall not apply to a
36 defendant charged with violating Sections 15-111, 15-112,

 

 

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1 15-301, paragraph (b) of Section 6-104, Section 11-605, or
2 Section 11-1414 of the Illinois Vehicle Code or a similar
3 provision of a local ordinance.
4     (g) Except as otherwise provided in paragraph (i) of this
5 Section, the provisions of paragraph (c) shall not apply to a
6 defendant charged with violating Section 3-707, 3-708, 3-710,
7 or 5-401.3 of the Illinois Vehicle Code or a similar provision
8 of a local ordinance if the defendant has within the last 5
9 years been:
10         (1) convicted for a violation of Section 3-707, 3-708,
11     3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
12     provision of a local ordinance; or
13         (2) assigned supervision for a violation of Section
14     3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
15     Code or a similar provision of a local ordinance.
16     The court shall consider the statement of the prosecuting
17 authority with regard to the standards set forth in this
18 Section.
19     (h) The provisions of paragraph (c) shall not apply to a
20 defendant under the age of 21 years charged with violating a
21 serious traffic offense as defined in Section 1-187.001 of the
22 Illinois Vehicle Code:
23         (1) unless the defendant, upon payment of the fines,
24     penalties, and costs provided by law, agrees to attend and
25     successfully complete a traffic safety program approved by
26     the court under standards set by the Conference of Chief
27     Circuit Judges. The accused shall be responsible for
28     payment of any traffic safety program fees. If the accused
29     fails to file a certificate of successful completion on or
30     before the termination date of the supervision order, the
31     supervision shall be summarily revoked and conviction
32     entered. The provisions of Supreme Court Rule 402 relating
33     to pleas of guilty do not apply in cases when a defendant
34     enters a guilty plea under this provision; or
35         (2) if the defendant has previously been sentenced
36     under the provisions of paragraph (c) on or after January

 

 

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1     1, 1998 for any serious traffic offense as defined in
2     Section 1-187.001 of the Illinois Vehicle Code.
3     (i) The provisions of paragraph (c) shall not apply to a
4 defendant charged with violating Section 3-707 of the Illinois
5 Vehicle Code or a similar provision of a local ordinance if the
6 defendant has been assigned supervision for a violation of
7 Section 3-707 of the Illinois Vehicle Code or a similar
8 provision of a local ordinance.
9     (j) The provisions of paragraph (c) shall not apply to a
10 defendant charged with violating Section 6-303 of the Illinois
11 Vehicle Code or a similar provision of a local ordinance when
12 the revocation or suspension was for a violation of Section
13 11-501 or a similar provision of a local ordinance, a violation
14 of Section 11-501.1 or paragraph (b) of Section 11-401 of the
15 Illinois Vehicle Code, or a violation of Section 9-3 of the
16 Criminal Code of 1961 if the defendant has within the last 10
17 years been:
18         (1) convicted for a violation of Section 6-303 of the
19     Illinois Vehicle Code or a similar provision of a local
20     ordinance; or
21         (2) assigned supervision for a violation of Section
22     6-303 of the Illinois Vehicle Code or a similar provision
23     of a local ordinance.
24 (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)