Full Text of SB1020 96th General Assembly
SB1020enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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 |
| (Text of Section after amendment by P.A. 96-339 ) | 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 or Article 4.5 of Chapter V: | 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 |
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| offense,
and the offense related to the conduct of that | 2 |
| office; | 3 |
| (6) the defendant utilized his professional reputation | 4 |
| or
position in the community to commit the offense, or to | 5 |
| afford
him an easier means of committing it; | 6 |
| (7) the sentence is necessary to deter others from | 7 |
| committing
the same crime; | 8 |
| (8) the defendant committed the offense against a | 9 |
| person 60 years of age
or older or such person's property; | 10 |
| (9) the defendant committed the offense against a | 11 |
| person who is
physically handicapped or such person's | 12 |
| property; | 13 |
| (10) by reason of another individual's actual or | 14 |
| perceived race, color,
creed, religion, ancestry, gender, | 15 |
| sexual orientation, physical or mental
disability, or | 16 |
| national origin, the defendant committed the offense | 17 |
| against (i)
the person or property
of that individual; (ii) | 18 |
| the person or property of a person who has an
association | 19 |
| with, is married to, or has a friendship with the other | 20 |
| individual;
or (iii) the person or property of a relative | 21 |
| (by blood or marriage) of a
person described in clause (i) | 22 |
| or (ii). For the purposes of this Section,
"sexual | 23 |
| orientation" means heterosexuality, homosexuality, or | 24 |
| bisexuality; | 25 |
| (11) the offense took place in a place of worship or on | 26 |
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grounds of a place of worship, immediately prior to, |
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| during or immediately
following worship services. For | 2 |
| purposes of this subparagraph, "place of
worship" shall | 3 |
| mean any church, synagogue or other building, structure or
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| place used primarily for religious worship; | 5 |
| (12) the defendant was convicted of a felony committed | 6 |
| while he was
released on bail or his own recognizance | 7 |
| pending trial for a prior felony
and was convicted of such | 8 |
| prior felony, or the defendant was convicted of a
felony | 9 |
| committed while he was serving a period of probation,
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| conditional discharge, or mandatory supervised release | 11 |
| under subsection (d)
of Section 5-8-1
for a prior felony; | 12 |
| (13) the defendant committed or attempted to commit a | 13 |
| felony while he
was wearing a bulletproof vest. For the | 14 |
| purposes of this paragraph (13), a
bulletproof vest is any | 15 |
| device which is designed for the purpose of
protecting the | 16 |
| wearer from bullets, shot or other lethal projectiles; | 17 |
| (14) the defendant held a position of trust or | 18 |
| supervision such as, but
not limited to, family member as | 19 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 20 |
| teacher, scout leader, baby sitter, or day care worker, in
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| relation to a victim under 18 years of age, and the | 22 |
| defendant committed an
offense in violation of Section | 23 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 24 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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| against
that victim; | 26 |
| (15) the defendant committed an offense related to the |
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| activities of an
organized gang. For the purposes of this | 2 |
| factor, "organized gang" has the
meaning ascribed to it in | 3 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 4 |
| Act; | 5 |
| (16) the defendant committed an offense in violation of | 6 |
| one of the
following Sections while in a school, regardless | 7 |
| of the time of day or time of
year; on any conveyance | 8 |
| owned, leased, or contracted by a school to transport
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| students to or from school or a school related activity; on | 10 |
| the real property
of a school; or on a public way within | 11 |
| 1,000 feet of the real property
comprising any school: | 12 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 14 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 15 |
| 33A-2 of the Criminal Code of
1961; | 16 |
| (16.5) the defendant committed an offense in violation | 17 |
| of one of the
following Sections while in a day care | 18 |
| center, regardless of the time of day or
time of year; on | 19 |
| the real property of a day care center, regardless of the | 20 |
| time
of day or time of year; or on a public
way within | 21 |
| 1,000 feet of the real property comprising any day care | 22 |
| center,
regardless of the time of day or time of year:
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| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 24 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 25 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 26 |
| 33A-2 of the Criminal
Code of 1961; |
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| (17) the defendant committed the offense by reason of | 2 |
| any person's
activity as a community policing volunteer or | 3 |
| to prevent any person from
engaging in activity as a | 4 |
| community policing volunteer. For the purpose of
this | 5 |
| Section, "community policing volunteer" has the meaning | 6 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 7 |
| 1961; | 8 |
| (18) the defendant committed the offense in a nursing | 9 |
| home or on the
real
property comprising a nursing home. For | 10 |
| the purposes of this paragraph (18),
"nursing home" means a | 11 |
| skilled nursing
or intermediate long term care facility | 12 |
| that is subject to license by the
Illinois Department of | 13 |
| Public Health under the Nursing Home Care
Act or the MR/DD | 14 |
| Community Care Act; | 15 |
| (19) the defendant was a federally licensed firearm | 16 |
| dealer
and
was
previously convicted of a violation of | 17 |
| subsection (a) of Section 3 of the
Firearm Owners | 18 |
| Identification Card Act and has now committed either a | 19 |
| felony
violation
of the Firearm Owners Identification Card | 20 |
| Act or an act of armed violence while
armed
with a firearm; | 21 |
| (20) the defendant (i) committed the offense of | 22 |
| reckless homicide under Section 9-3 of the Criminal Code of | 23 |
| 1961 or the offense of driving under the influence of | 24 |
| alcohol, other drug or
drugs, intoxicating compound or | 25 |
| compounds or any combination thereof under Section 11-501 | 26 |
| of the Illinois Vehicle Code or a similar provision of a |
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| local ordinance and (ii) was operating a motor vehicle in | 2 |
| excess of 20 miles per hour over the posted speed limit as | 3 |
| provided in Article VI of Chapter 11 of the Illinois | 4 |
| Vehicle Code;
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| (21) the defendant (i) committed the offense of | 6 |
| reckless driving or aggravated reckless driving under | 7 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 8 |
| operating a motor vehicle in excess of 20 miles per hour | 9 |
| over the posted speed limit as provided in Article VI of | 10 |
| Chapter 11 of the Illinois Vehicle Code; | 11 |
| (22) the defendant committed the offense against a | 12 |
| person that the defendant knew, or reasonably should have | 13 |
| known, was a member of the Armed Forces of the United | 14 |
| States serving on active duty. For purposes of this clause | 15 |
| (22), the term "Armed Forces" means any of the Armed Forces | 16 |
| of the United States, including a member of any reserve | 17 |
| component thereof or National Guard unit called to active | 18 |
| duty;
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| (23)
the defendant committed the offense against a | 20 |
| person who was elderly, disabled, or infirm by taking | 21 |
| advantage of a family or fiduciary relationship with the | 22 |
| elderly, disabled, or infirm person; or | 23 |
| (24)
the defendant committed any offense under Section | 24 |
| 11-20.1 of the Criminal Code of 1961 and possessed 100 or | 25 |
| more images;
or | 26 |
| (25) the defendant committed the offense while the |
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| defendant or the victim was in a train, bus, or other | 2 |
| vehicle used for public transportation ; or . | 3 |
| (26) (25) the defendant committed the offense of child | 4 |
| pornography or aggravated child pornography, specifically | 5 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 6 |
| subsection (a) of Section 11-20.1 of the Criminal Code of | 7 |
| 1961 where a child engaged in, solicited for, depicted in, | 8 |
| or posed in any act of sexual penetration or bound, | 9 |
| fettered, or subject to sadistic, masochistic, or | 10 |
| sadomasochistic abuse in a sexual context and specifically | 11 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 12 |
| subsection (a) of Section 11-20.3 of the Criminal Code of | 13 |
| 1961 where a child engaged in, solicited for, depicted in, | 14 |
| or posed in any act of sexual penetration or bound, | 15 |
| fettered, or subject to sadistic, masochistic, or | 16 |
| sadomasochistic abuse in a sexual context. | 17 |
| For the purposes of this Section: | 18 |
| "School" is defined as a public or private
elementary or | 19 |
| secondary school, community college, college, or university. | 20 |
| "Day care center" means a public or private State certified | 21 |
| and
licensed day care center as defined in Section 2.09 of the | 22 |
| Child Care Act of
1969 that displays a sign in plain view | 23 |
| stating that the
property is a day care center. | 24 |
| "Public transportation" means the transportation
or | 25 |
| conveyance of persons by means available to the general public, | 26 |
| and includes paratransit services. |
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| (b) The following factors, related to all felonies, may be | 2 |
| considered by the court as
reasons to impose an extended term | 3 |
| sentence under Section 5-8-2
upon any offender: | 4 |
| (1) When a defendant is convicted of any felony, after | 5 |
| having
been previously convicted in Illinois or any other | 6 |
| jurisdiction of the
same or similar class felony or greater | 7 |
| class felony, when such conviction
has occurred within 10 | 8 |
| years after the
previous conviction, excluding time spent | 9 |
| in custody, and such charges are
separately brought and | 10 |
| tried and arise out of different series of acts; or | 11 |
| (2) When a defendant is convicted of any felony and the | 12 |
| court
finds that the offense was accompanied by | 13 |
| exceptionally brutal
or heinous behavior indicative of | 14 |
| wanton cruelty; or | 15 |
| (3) When a defendant is convicted of any felony | 16 |
| committed against: | 17 |
| (i) a person under 12 years of age at the time of | 18 |
| the offense or such
person's property; | 19 |
| (ii) a person 60 years of age or older at the time | 20 |
| of the offense or
such person's property; or | 21 |
| (iii) a person physically handicapped at the time | 22 |
| of the offense or
such person's property; or | 23 |
| (4) When a defendant is convicted of any felony and the | 24 |
| offense
involved any of the following types of specific | 25 |
| misconduct committed as
part of a ceremony, rite, | 26 |
| initiation, observance, performance, practice or
activity |
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| of any actual or ostensible religious, fraternal, or social | 2 |
| group: | 3 |
| (i) the brutalizing or torturing of humans or | 4 |
| animals; | 5 |
| (ii) the theft of human corpses; | 6 |
| (iii) the kidnapping of humans; | 7 |
| (iv) the desecration of any cemetery, religious, | 8 |
| fraternal, business,
governmental, educational, or | 9 |
| other building or property; or | 10 |
| (v) ritualized abuse of a child; or | 11 |
| (5) When a defendant is convicted of a felony other | 12 |
| than conspiracy and
the court finds that
the felony was | 13 |
| committed under an agreement with 2 or more other persons
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| to commit that offense and the defendant, with respect to | 15 |
| the other
individuals, occupied a position of organizer, | 16 |
| supervisor, financier, or any
other position of management | 17 |
| or leadership, and the court further finds that
the felony | 18 |
| committed was related to or in furtherance of the criminal
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| activities of an organized gang or was motivated by the | 20 |
| defendant's leadership
in an organized gang; or | 21 |
| (6) When a defendant is convicted of an offense | 22 |
| committed while using a firearm with a
laser sight attached | 23 |
| to it. For purposes of this paragraph, "laser sight"
has | 24 |
| the meaning ascribed to it in Section 24.6-5 of the | 25 |
| Criminal Code of
1961; or | 26 |
| (7) When a defendant who was at least 17 years of age |
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| at the
time of
the commission of the offense is convicted | 2 |
| of a felony and has been previously
adjudicated a | 3 |
| delinquent minor under the Juvenile Court Act of 1987 for | 4 |
| an act
that if committed by an adult would be a Class X or | 5 |
| Class 1 felony when the
conviction has occurred within 10 | 6 |
| years after the previous adjudication,
excluding time | 7 |
| spent in custody; or | 8 |
| (8) When a defendant commits any felony and the | 9 |
| defendant used, possessed, exercised control over, or | 10 |
| otherwise directed an animal to assault a law enforcement | 11 |
| officer engaged in the execution of his or her official | 12 |
| duties or in furtherance of the criminal activities of an | 13 |
| organized gang in which the defendant is engaged.
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| (c) The following factors may be considered by the court as | 15 |
| reasons to impose an extended term sentence under Section 5-8-2 | 16 |
| (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 17 |
| (1) When a defendant is convicted of first degree | 18 |
| murder, after having been previously convicted in Illinois | 19 |
| of any offense listed under paragraph (c)(2) of Section | 20 |
| 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 21 |
| within 10 years after the previous conviction, excluding | 22 |
| time spent in custody, and the charges are separately | 23 |
| brought and tried and arise out of different series of | 24 |
| acts. | 25 |
| (1.5) When a defendant is convicted of first degree | 26 |
| murder, after having been previously convicted of domestic |
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| battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 2 |
| (720 ILCS 5/12-3.3) committed on the same victim or after | 3 |
| having been previously convicted of violation of an order | 4 |
| of protection (720 ILCS 5/12-30) in which the same victim | 5 |
| was the protected person. | 6 |
| (2) When a defendant is convicted of voluntary | 7 |
| manslaughter, second degree murder, involuntary | 8 |
| manslaughter, or reckless homicide in which the defendant | 9 |
| has been convicted of causing the death of more than one | 10 |
| individual. | 11 |
| (3) When a defendant is convicted of aggravated | 12 |
| criminal sexual assault or criminal sexual assault, when | 13 |
| there is a finding that aggravated criminal sexual assault | 14 |
| or criminal sexual assault was also committed on the same | 15 |
| victim by one or more other individuals, and the defendant | 16 |
| voluntarily participated in the crime with the knowledge of | 17 |
| the participation of the others in the crime, and the | 18 |
| commission of the crime was part of a single course of | 19 |
| conduct during which there was no substantial change in the | 20 |
| nature of the criminal objective. | 21 |
| (4) If the victim was under 18 years of age at the time | 22 |
| of the commission of the offense, when a defendant is | 23 |
| convicted of aggravated criminal sexual assault or | 24 |
| predatory criminal sexual assault of a child under | 25 |
| subsection (a)(1) of Section 12-14.1 of the Criminal Code | 26 |
| of 1961 (720 ILCS 5/12-14.1). |
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| (5) When a defendant is convicted of a felony violation | 2 |
| of Section 24-1 of the Criminal Code of 1961 (720 ILCS | 3 |
| 5/24-1) and there is a finding that the defendant is a | 4 |
| member of an organized gang. | 5 |
| (6) When a defendant was convicted of unlawful use of | 6 |
| weapons under Section 24-1 of the Criminal Code of 1961 | 7 |
| (720 ILCS 5/24-1) for possessing a weapon that is not | 8 |
| readily distinguishable as one of the weapons enumerated in | 9 |
| Section 24-1 of the Criminal Code of 1961 (720 ILCS | 10 |
| 5/24-1). | 11 |
| (7) When a defendant is convicted of an offense | 12 |
| involving the illegal manufacture of a controlled | 13 |
| substance under Section 401 of the Illinois Controlled | 14 |
| Substances Act (720 ILCS 570/401), the illegal manufacture | 15 |
| of methamphetamine under Section 25 of the Methamphetamine | 16 |
| Control and Community Protection Act (720 ILCS 646/25), or | 17 |
| the illegal possession of explosives and an emergency | 18 |
| response officer in the performance of his or her duties is | 19 |
| killed or injured at the scene of the offense while | 20 |
| responding to the emergency caused by the commission of the | 21 |
| offense. In this paragraph, "emergency" means a situation | 22 |
| in which a person's life, health, or safety is in jeopardy; | 23 |
| and "emergency response officer" means a peace officer, | 24 |
| community policing volunteer, fireman, emergency medical | 25 |
| technician-ambulance, emergency medical | 26 |
| technician-intermediate, emergency medical |
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| technician-paramedic, ambulance driver, other medical | 2 |
| assistance or first aid personnel, or hospital emergency | 3 |
| room personnel.
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| (d) For the purposes of this Section, "organized gang" has | 5 |
| the meaning
ascribed to it in Section 10 of the Illinois | 6 |
| Streetgang Terrorism Omnibus
Prevention Act. | 7 |
| (e) The court may impose an extended term sentence under | 8 |
| Article 4.5 of Chapter V upon an offender who has been | 9 |
| convicted of a felony violation of Section 12-13, 12-14, | 10 |
| 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the | 11 |
| victim of the offense is under 18 years of age at the time of | 12 |
| the commission of the offense and, during the commission of the | 13 |
| offense, the victim was under the influence of alcohol, | 14 |
| regardless of whether or not the alcohol was supplied by the | 15 |
| offender; and the offender, at the time of the commission of | 16 |
| the offense, knew or should have known that the victim had | 17 |
| consumed alcohol. | 18 |
| (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | 19 |
| eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | 20 |
| 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | 21 |
| 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.) |
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