Illinois General Assembly - Full Text of HB5640
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Full Text of HB5640  96th General Assembly

HB5640ham001 96TH GENERAL ASSEMBLY

Rep. Dennis M. Reboletti

Filed: 3/16/2010

 

 


 

 


 
09600HB5640ham001 LRB096 19391 RLC 39100 a

1
AMENDMENT TO HOUSE BILL 5640

2     AMENDMENT NO. ______. Amend House Bill 5640 by replacing
3 everything after the enacting clause with the following:
 
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     (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;

 

 

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1         (3) the defendant has a history of prior delinquency or
2     criminal activity;
3         (4) the defendant, by the duties of his office or by
4     his position, was obliged to prevent the particular offense
5     committed or to bring the offenders committing it to
6     justice;
7         (5) the defendant held public office at the time of the
8     offense, and the offense related to the conduct of that
9     office;
10         (6) the defendant utilized his professional reputation
11     or position in the community to commit the offense, or to
12     afford him an easier means of committing it;
13         (7) the sentence is necessary to deter others from
14     committing the same crime;
15         (8) the defendant committed the offense against a
16     person 60 years of age or older or such person's property;
17         (9) the defendant committed the offense against a
18     person who is physically handicapped or such person's
19     property;
20         (10) by reason of another individual's actual or
21     perceived race, color, creed, religion, ancestry, gender,
22     sexual orientation, physical or mental disability, or
23     national origin, the defendant committed the offense
24     against (i) the person or property of that individual; (ii)
25     the person or property of a person who has an association
26     with, is married to, or has a friendship with the other

 

 

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1     individual; or (iii) the person or property of a relative
2     (by blood or marriage) of a person described in clause (i)
3     or (ii). For the purposes of this Section, "sexual
4     orientation" means heterosexuality, homosexuality, or
5     bisexuality;
6         (11) the offense took place in a place of worship or on
7     the grounds of a place of worship, immediately prior to,
8     during or immediately following worship services. For
9     purposes of this subparagraph, "place of worship" shall
10     mean any church, synagogue or other building, structure or
11     place used primarily for religious worship;
12         (12) the defendant was convicted of a felony committed
13     while he was released on bail or his own recognizance
14     pending trial for a prior felony and was convicted of such
15     prior felony, or the defendant was convicted of a felony
16     committed while he was serving a period of probation,
17     conditional discharge, or mandatory supervised release
18     under subsection (d) of Section 5-8-1 for a prior felony;
19         (13) the defendant committed or attempted to commit a
20     felony while he was wearing a bulletproof vest. For the
21     purposes of this paragraph (13), a bulletproof vest is any
22     device which is designed for the purpose of protecting the
23     wearer from bullets, shot or other lethal projectiles;
24         (14) the defendant held a position of trust or
25     supervision such as, but not limited to, family member as
26     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

 

 

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

 

 

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1     Act or an act of armed violence while armed with a firearm;
2         (20) the defendant (i) committed the offense of
3     reckless homicide under Section 9-3 of the Criminal Code of
4     1961 or the offense of driving under the influence of
5     alcohol, other drug or drugs, intoxicating compound or
6     compounds or any combination thereof under Section 11-501
7     of the Illinois Vehicle Code or a similar provision of a
8     local ordinance and (ii) was operating a motor vehicle in
9     excess of 20 miles per hour over the posted speed limit as
10     provided in Article VI of Chapter 11 of the Illinois
11     Vehicle Code;
12         (21) the defendant (i) committed the offense of
13     reckless driving or aggravated reckless driving under
14     Section 11-503 of the Illinois Vehicle Code and (ii) was
15     operating a motor vehicle in excess of 20 miles per hour
16     over the posted speed limit as provided in Article VI of
17     Chapter 11 of the Illinois Vehicle Code;
18         (22) the defendant committed the offense against a
19     person that the defendant knew, or reasonably should have
20     known, was a member of the Armed Forces of the United
21     States serving on active duty. For purposes of this clause
22     (22), the term "Armed Forces" means any of the Armed Forces
23     of the United States, including a member of any reserve
24     component thereof or National Guard unit called to active
25     duty;
26         (23) the defendant committed the offense against a

 

 

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1     person who was elderly, disabled, or infirm by taking
2     advantage of a family or fiduciary relationship with the
3     elderly, disabled, or infirm person; or
4         (24) the defendant committed any offense under Section
5     11-20.1 of the Criminal Code of 1961 and possessed 100 or
6     more images; or
7         (25) the defendant committed the offense while the
8     defendant or the victim was in a train, bus, or other
9     vehicle used for public transportation; or .
10         (26) (25) the defendant committed the offense of child
11     pornography or aggravated child pornography, specifically
12     including paragraph (1), (2), (3), (4), (5), or (7) of
13     subsection (a) of Section 11-20.1 of the Criminal Code of
14     1961 where a child engaged in, solicited for, depicted in,
15     or posed in any act of sexual penetration or bound,
16     fettered, or subject to sadistic, masochistic, or
17     sadomasochistic abuse in a sexual context and specifically
18     including paragraph (1), (2), (3), (4), (5), or (7) of
19     subsection (a) of Section 11-20.3 of the Criminal Code of
20     1961 where a child engaged in, solicited for, depicted in,
21     or posed in any act of sexual penetration or bound,
22     fettered, or subject to sadistic, masochistic, or
23     sadomasochistic abuse in a sexual context.
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.

 

 

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1     "Day care center" means a public or private State certified
2 and licensed day care center as defined in Section 2.09 of the
3 Child Care Act of 1969 that displays a sign in plain view
4 stating that the property is a day care center.
5     "Public transportation" means the transportation or
6 conveyance of persons by means available to the general public,
7 and includes paratransit services.
8     (b) The following factors, related to all felonies, may be
9 considered by the court as reasons to impose an extended term
10 sentence under Section 5-8-2 upon any offender:
11         (1) When a defendant is convicted of any felony, after
12     having been previously convicted in Illinois or any other
13     jurisdiction of the same or similar class felony or greater
14     class felony, when such conviction has occurred within 10
15     years after the previous conviction, excluding time spent
16     in custody, and such charges are separately brought and
17     tried and arise out of different series of acts; or
18         (2) When a defendant is convicted of any felony and the
19     court finds that the offense was accompanied by
20     exceptionally brutal or heinous behavior indicative of
21     wanton cruelty; or
22         (3) When a defendant is convicted of any felony
23     committed against:
24             (i) a person under 12 years of age at the time of
25         the offense or such person's property;
26             (ii) a person 60 years of age or older at the time

 

 

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1         of the offense or such person's property; or
2             (iii) a person physically handicapped at the time
3         of the offense or such person's property; or
4         (4) When a defendant is convicted of any felony and the
5     offense involved any of the following types of specific
6     misconduct committed as part of a ceremony, rite,
7     initiation, observance, performance, practice or activity
8     of any actual or ostensible religious, fraternal, or social
9     group:
10             (i) the brutalizing or torturing of humans or
11         animals;
12             (ii) the theft of human corpses;
13             (iii) the kidnapping of humans;
14             (iv) the desecration of any cemetery, religious,
15         fraternal, business, governmental, educational, or
16         other building or property; or
17             (v) ritualized abuse of a child; or
18         (5) When a defendant is convicted of a felony other
19     than conspiracy and the court finds that the felony was
20     committed under an agreement with 2 or more other persons
21     to commit that offense and the defendant, with respect to
22     the other individuals, occupied a position of organizer,
23     supervisor, financier, or any other position of management
24     or leadership, and the court further finds that the felony
25     committed was related to or in furtherance of the criminal
26     activities of an organized gang or was motivated by the

 

 

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1     defendant's leadership in an organized gang; or
2         (6) When a defendant is convicted of an offense
3     committed while using a firearm with a laser sight attached
4     to it. For purposes of this paragraph, "laser sight" has
5     the meaning ascribed to it in Section 24.6-5 of the
6     Criminal Code of 1961; or
7         (7) When a defendant who was at least 17 years of age
8     at the time of the commission of the offense is convicted
9     of a felony and has been previously adjudicated a
10     delinquent minor under the Juvenile Court Act of 1987 for
11     an act that if committed by an adult would be a Class X or
12     Class 1 felony when the conviction has occurred within 10
13     years after the previous adjudication, excluding time
14     spent in custody; or
15         (8) When a defendant commits any felony and the
16     defendant used, possessed, exercised control over, or
17     otherwise directed an animal to assault a law enforcement
18     officer engaged in the execution of his or her official
19     duties or in furtherance of the criminal activities of an
20     organized gang in which the defendant is engaged.
21     (c) The following factors may be considered by the court as
22 reasons to impose an extended term sentence under Section 5-8-2
23 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
24         (1) When a defendant is convicted of first degree
25     murder, after having been previously convicted in Illinois
26     of any offense listed under paragraph (c)(2) of Section

 

 

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1     5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
2     within 10 years after the previous conviction, excluding
3     time spent in custody, and the charges are separately
4     brought and tried and arise out of different series of
5     acts.
6         (1.5) When a defendant is convicted of first degree
7     murder, after having been previously convicted of domestic
8     battery (720 ILCS 5/12-3.2) or aggravated domestic battery
9     (720 ILCS 5/12-3.3) committed on the same victim or after
10     having been previously convicted of violation of an order
11     of protection (720 ILCS 5/12-30) in which the same victim
12     was the protected person.
13         (2) When a defendant is convicted of voluntary
14     manslaughter, second degree murder, involuntary
15     manslaughter, or reckless homicide in which the defendant
16     has been convicted of causing the death of more than one
17     individual.
18         (3) When a defendant is convicted of aggravated
19     criminal sexual assault or criminal sexual assault, when
20     there is a finding that aggravated criminal sexual assault
21     or criminal sexual assault was also committed on the same
22     victim by one or more other individuals, and the defendant
23     voluntarily participated in the crime with the knowledge of
24     the participation of the others in the crime, and the
25     commission of the crime was part of a single course of
26     conduct during which there was no substantial change in the

 

 

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1     nature of the criminal objective.
2         (4) If the victim was under 18 years of age at the time
3     of the commission of the offense, when a defendant is
4     convicted of aggravated criminal sexual assault or
5     predatory criminal sexual assault of a child under
6     subsection (a)(1) of Section 12-14.1 of the Criminal Code
7     of 1961 (720 ILCS 5/12-14.1).
8         (5) When a defendant is convicted of a felony violation
9     of Section 24-1 of the Criminal Code of 1961 (720 ILCS
10     5/24-1) and there is a finding that the defendant is a
11     member of an organized gang.
12         (6) When a defendant was convicted of unlawful use of
13     weapons under Section 24-1 of the Criminal Code of 1961
14     (720 ILCS 5/24-1) for possessing a weapon that is not
15     readily distinguishable as one of the weapons enumerated in
16     Section 24-1 of the Criminal Code of 1961 (720 ILCS
17     5/24-1).
18         (7) When a defendant is convicted of an offense
19     involving the illegal manufacture of a controlled
20     substance under Section 401 of the Illinois Controlled
21     Substances Act (720 ILCS 570/401), the illegal manufacture
22     of methamphetamine under Section 25 of the Methamphetamine
23     Control and Community Protection Act (720 ILCS 646/25), or
24     the illegal possession of explosives and an emergency
25     response officer in the performance of his or her duties is
26     killed or injured at the scene of the offense while

 

 

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1     responding to the emergency caused by the commission of the
2     offense. In this paragraph, "emergency" means a situation
3     in which a person's life, health, or safety is in jeopardy;
4     and "emergency response officer" means a peace officer,
5     community policing volunteer, fireman, emergency medical
6     technician-ambulance, emergency medical
7     technician-intermediate, emergency medical
8     technician-paramedic, ambulance driver, other medical
9     assistance or first aid personnel, or hospital emergency
10     room personnel.
11     (c-5) The court may impose an extended term sentence under
12 Article 4.5 of Chapter V upon an offender who has been
13 convicted of a felony violation of Section 12-13, 12-14,
14 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
15 victim of the offense is under 18 years of age at the time of
16 the commission of the offense and, during the commission of the
17 offense, the victim was under the influence of alcohol,
18 regardless of whether or not the alcohol was supplied by the
19 offender.
20     (d) For the purposes of this Section, "organized gang" has
21 the meaning ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
24 eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
25 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
26 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)".