093_HB2931eng

 
HB2931 Engrossed                     LRB093 06930 RLC 07076 b

 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 by
 5    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
 
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 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
 
HB2931 Engrossed            -3-      LRB093 06930 RLC 07076 b
 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,
 
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 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
 
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 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
 
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 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
 
HB2931 Engrossed            -7-      LRB093 06930 RLC 07076 b
 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
 
HB2931 Engrossed            -8-      LRB093 06930 RLC 07076 b
 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        (e)  The court may impose an extended term sentence under
22    Section  5-8-2  upon  any  offender  who  was  convicted   of
23    aggravated  criminal  sexual  assault  or aggravated criminal
24    sexual abuse if the offense was committed  while  the  victim
25    was  under the influence of flunitrazepam (Rohypnol) or gamma
26    hydroxybutyric acid (GHB) or upon any  offender  who  commits
27    the  offense  of  aggravated  battery under subsection (c) of
28    Section 12-4 of the Criminal Code of  1961  by  administering
29    flunitrazepam  or gamma hydroxybutyric acid to a person under
30    18 years of age who is the victim of the offense.
31    (Source: P.A. 91-119,  eff.  1-1-00;  91-120,  eff.  7-15-99;
32    91-252,  eff.  1-1-00;  91-267,  eff.  1-1-00;  91-268,  eff.
33    1-1-00;  91-357,  eff.  7-29-99; 91-437, eff. 1-1-00; 91-696,
34    eff. 4-13-00; 92-266, eff. 1-1-02.)