Full Text of SB0201 099th General Assembly
SB0201enr 99TH GENERAL ASSEMBLY |
| | SB0201 Enrolled | | LRB099 03371 RLC 23379 b |
|
| 1 | | AN ACT concerning 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)
| 7 | | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 8 | | Sentencing.
| 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 |
| | | SB0201 Enrolled | - 2 - | LRB099 03371 RLC 23379 b |
|
| 1 | | 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 | | the
grounds of a place of worship, immediately prior to, |
| | | SB0201 Enrolled | - 3 - | LRB099 03371 RLC 23379 b |
|
| 1 | | 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
| 4 | | 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,
| 10 | | 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 11-0.1 of the Criminal Code
of 2012, | 20 | | teacher, scout leader, baby sitter, or day care worker, in
| 21 | | relation to a victim under 18 years of age, and the | 22 | | defendant committed an
offense in violation of Section | 23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 24 | | 11-14.4 except for an offense that involves keeping a place | 25 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 26 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
| | | SB0201 Enrolled | - 4 - | LRB099 03371 RLC 23379 b |
|
| 1 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012
against
that victim;
| 3 | | (15) the defendant committed an offense related to the | 4 | | activities of an
organized gang. For the purposes of this | 5 | | factor, "organized gang" has the
meaning ascribed to it in | 6 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 7 | | Act;
| 8 | | (16) the defendant committed an offense in violation of | 9 | | one of the
following Sections while in a school, regardless | 10 | | of the time of day or time of
year; on any conveyance | 11 | | owned, leased, or contracted by a school to transport
| 12 | | students to or from school or a school related activity; on | 13 | | the real property
of a school; or on a public way within | 14 | | 1,000 feet of the real property
comprising any school: | 15 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 16 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 17 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 18 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | 19 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 20 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 21 | | Criminal Code of 2012;
| 22 | | (16.5) the defendant committed an offense in violation | 23 | | of one of the
following Sections while in a day care | 24 | | center, regardless of the time of day or
time of year; on | 25 | | the real property of a day care center, regardless of the | 26 | | time
of day or time of year; or on a public
way within |
| | | SB0201 Enrolled | - 5 - | LRB099 03371 RLC 23379 b |
|
| 1 | | 1,000 feet of the real property comprising any day care | 2 | | center,
regardless of the time of day or time of year:
| 3 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 4 | | 11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 7 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 8 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 9 | | Criminal Code of 2012;
| 10 | | (17) the defendant committed the offense by reason of | 11 | | any person's
activity as a community policing volunteer or | 12 | | to prevent any person from
engaging in activity as a | 13 | | community policing volunteer. For the purpose of
this | 14 | | Section, "community policing volunteer" has the meaning | 15 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 16 | | 2012;
| 17 | | (18) the defendant committed the offense in a nursing | 18 | | home or on the
real
property comprising a nursing home. For | 19 | | the purposes of this paragraph (18),
"nursing home" means a | 20 | | skilled nursing
or intermediate long term care facility | 21 | | that is subject to license by the
Illinois Department of | 22 | | Public Health under the Nursing Home Care
Act, the | 23 | | Specialized Mental Health Rehabilitation Act of 2013, or | 24 | | the ID/DD Community Care Act;
| 25 | | (19) the defendant was a federally licensed firearm | 26 | | dealer
and
was
previously convicted of a violation of |
| | | SB0201 Enrolled | - 6 - | LRB099 03371 RLC 23379 b |
|
| 1 | | subsection (a) of Section 3 of the
Firearm Owners | 2 | | Identification Card Act and has now committed either a | 3 | | felony
violation
of the Firearm Owners Identification Card | 4 | | Act or an act of armed violence while
armed
with a firearm; | 5 | | (20) the defendant (i) committed the offense of | 6 | | reckless homicide under Section 9-3 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012 or the offense of driving | 8 | | under the influence of alcohol, other drug or
drugs, | 9 | | intoxicating compound or compounds or any combination | 10 | | thereof under Section 11-501 of the Illinois Vehicle Code | 11 | | or a similar provision of a local ordinance and (ii) was | 12 | | operating a motor vehicle in excess of 20 miles per hour | 13 | | over the posted speed limit as provided in Article VI of | 14 | | Chapter 11 of the Illinois Vehicle Code;
| 15 | | (21) the defendant (i) committed the offense of | 16 | | reckless driving or aggravated reckless driving under | 17 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 18 | | operating a motor vehicle in excess of 20 miles per hour | 19 | | over the posted speed limit as provided in Article VI of | 20 | | Chapter 11 of the Illinois Vehicle Code; | 21 | | (22) the defendant committed the offense against a | 22 | | person that the defendant knew, or reasonably should have | 23 | | known, was a member of the Armed Forces of the United | 24 | | States serving on active duty. For purposes of this clause | 25 | | (22), the term "Armed Forces" means any of the Armed Forces | 26 | | of the United States, including a member of any reserve |
| | | SB0201 Enrolled | - 7 - | LRB099 03371 RLC 23379 b |
|
| 1 | | component thereof or National Guard unit called to active | 2 | | duty;
| 3 | | (23)
the defendant committed the offense against a | 4 | | person who was elderly, disabled, or infirm by taking | 5 | | advantage of a family or fiduciary relationship with the | 6 | | elderly, disabled, or infirm person;
| 7 | | (24)
the defendant committed any offense under Section | 8 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012 and possessed 100 or more images;
| 10 | | (25) the defendant committed the offense while the | 11 | | defendant or the victim was in a train, bus, or other | 12 | | vehicle used for public transportation; | 13 | | (26) the defendant committed the offense of child | 14 | | pornography or aggravated child pornography, specifically | 15 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 16 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 18 | | solicited for, depicted in, or posed in any act of sexual | 19 | | penetration or bound, fettered, or subject to sadistic, | 20 | | masochistic, or sadomasochistic abuse in a sexual context | 21 | | and specifically including paragraph (1), (2), (3), (4), | 22 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 23 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 24 | | engaged in, solicited for, depicted in, or posed in any act | 25 | | of sexual penetration or bound, fettered, or subject to | 26 | | sadistic, masochistic, or sadomasochistic abuse in a |
| | | SB0201 Enrolled | - 8 - | LRB099 03371 RLC 23379 b |
|
| 1 | | sexual context; | 2 | | (27) the defendant committed the offense of first | 3 | | degree murder, assault, aggravated assault, battery, | 4 | | aggravated battery, robbery, armed robbery, or aggravated | 5 | | robbery against a person who was a veteran and the | 6 | | defendant knew, or reasonably should have known, that the | 7 | | person was a veteran performing duties as a representative | 8 | | of a veterans' organization. For the purposes of this | 9 | | paragraph (27), "veteran" means an Illinois resident who | 10 | | has served as a member of the United States Armed Forces, a | 11 | | member of the Illinois National Guard, or a member of the | 12 | | United States Reserve Forces; and "veterans' organization" | 13 | | means an organization comprised of members of
which | 14 | | substantially all are individuals who are veterans or | 15 | | spouses,
widows, or widowers of veterans, the primary | 16 | | purpose of which is to
promote the welfare of its members | 17 | | and to provide assistance to the general
public in such a | 18 | | way as to confer a public benefit; or | 19 | | (28) the defendant committed the offense of assault, | 20 | | aggravated assault, battery, aggravated battery, robbery, | 21 | | armed robbery, or aggravated robbery against a person that | 22 | | the defendant knew or reasonably should have known was a | 23 | | letter carrier or postal worker while that person was | 24 | | performing his or her duties delivering mail for the United | 25 | | States Postal Service ; or | 26 | | (29) the defendant committed the offense of promoting |
| | | SB0201 Enrolled | - 9 - | LRB099 03371 RLC 23379 b |
|
| 1 | | juvenile prostitution, patronizing a prostitute, or | 2 | | patronizing a minor engaged in prostitution and at the time | 3 | | of the commission of the offense knew that the prostitute | 4 | | or minor engaged in prostitution was in the custody or | 5 | | guardianship of the Department of Children and Family | 6 | | Services . | 7 | | For the purposes of this Section:
| 8 | | "School" is defined as a public or private
elementary or | 9 | | secondary school, community college, college, or university.
| 10 | | "Day care center" means a public or private State certified | 11 | | and
licensed day care center as defined in Section 2.09 of the | 12 | | Child Care Act of
1969 that displays a sign in plain view | 13 | | stating that the
property is a day care center.
| 14 | | "Public transportation" means the transportation
or | 15 | | conveyance of persons by means available to the general public, | 16 | | and includes paratransit services. | 17 | | (b) The following factors, related to all felonies, may be | 18 | | considered by the court as
reasons to impose an extended term | 19 | | sentence under Section 5-8-2
upon any offender:
| 20 | | (1) When a defendant is convicted of any felony, after | 21 | | having
been previously convicted in Illinois or any other | 22 | | jurisdiction of the
same or similar class felony or greater | 23 | | class felony, when such conviction
has occurred within 10 | 24 | | years after the
previous conviction, excluding time spent | 25 | | in custody, and such charges are
separately brought and | 26 | | tried and arise out of different series of acts; or
|
| | | SB0201 Enrolled | - 10 - | LRB099 03371 RLC 23379 b |
|
| 1 | | (2) When a defendant is convicted of any felony and the | 2 | | court
finds that the offense was accompanied by | 3 | | exceptionally brutal
or heinous behavior indicative of | 4 | | wanton cruelty; or
| 5 | | (3) When a defendant is convicted of any felony | 6 | | committed against:
| 7 | | (i) a person under 12 years of age at the time of | 8 | | the offense or such
person's property;
| 9 | | (ii) a person 60 years of age or older at the time | 10 | | of the offense or
such person's property; or
| 11 | | (iii) a person physically handicapped at the time | 12 | | of the offense or
such person's property; or
| 13 | | (4) When a defendant is convicted of any felony and the | 14 | | offense
involved any of the following types of specific | 15 | | misconduct committed as
part of a ceremony, rite, | 16 | | initiation, observance, performance, practice or
activity | 17 | | of any actual or ostensible religious, fraternal, or social | 18 | | group:
| 19 | | (i) the brutalizing or torturing of humans or | 20 | | animals;
| 21 | | (ii) the theft of human corpses;
| 22 | | (iii) the kidnapping of humans;
| 23 | | (iv) the desecration of any cemetery, religious, | 24 | | fraternal, business,
governmental, educational, or | 25 | | other building or property; or
| 26 | | (v) ritualized abuse of a child; or
|
| | | SB0201 Enrolled | - 11 - | LRB099 03371 RLC 23379 b |
|
| 1 | | (5) When a defendant is convicted of a felony other | 2 | | than conspiracy and
the court finds that
the felony was | 3 | | committed under an agreement with 2 or more other persons
| 4 | | to commit that offense and the defendant, with respect to | 5 | | the other
individuals, occupied a position of organizer, | 6 | | supervisor, financier, or any
other position of management | 7 | | or leadership, and the court further finds that
the felony | 8 | | committed was related to or in furtherance of the criminal
| 9 | | activities of an organized gang or was motivated by the | 10 | | defendant's leadership
in an organized gang; or
| 11 | | (6) When a defendant is convicted of an offense | 12 | | committed while using a firearm with a
laser sight attached | 13 | | to it. For purposes of this paragraph, "laser sight"
has | 14 | | the meaning ascribed to it in Section 26-7 of the Criminal | 15 | | Code of
2012; or
| 16 | | (7) When a defendant who was at least 17 years of age | 17 | | at the
time of
the commission of the offense is convicted | 18 | | of a felony and has been previously
adjudicated a | 19 | | delinquent minor under the Juvenile Court Act of 1987 for | 20 | | an act
that if committed by an adult would be a Class X or | 21 | | Class 1 felony when the
conviction has occurred within 10 | 22 | | years after the previous adjudication,
excluding time | 23 | | spent in custody; or
| 24 | | (8) When a defendant commits any felony and the | 25 | | defendant used, possessed, exercised control over, or | 26 | | otherwise directed an animal to assault a law enforcement |
| | | SB0201 Enrolled | - 12 - | LRB099 03371 RLC 23379 b |
|
| 1 | | officer engaged in the execution of his or her official | 2 | | duties or in furtherance of the criminal activities of an | 3 | | organized gang in which the defendant is engaged; or
| 4 | | (9) When a defendant commits any felony and the | 5 | | defendant knowingly video or audio records the offense with | 6 | | the intent to disseminate the recording. | 7 | | (c) The following factors may be considered by the court as | 8 | | reasons to impose an extended term sentence under Section 5-8-2 | 9 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 10 | | (1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred | 14 | | within 10 years after the previous conviction, excluding | 15 | | time spent in custody, and the charges are separately | 16 | | brought and tried and arise out of different series of | 17 | | acts. | 18 | | (1.5) When a defendant is convicted of first degree | 19 | | murder, after having been previously convicted of domestic | 20 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 21 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 22 | | having been previously convicted of violation of an order | 23 | | of protection (720 ILCS 5/12-30) in which the same victim | 24 | | was the protected person. | 25 | | (2) When a defendant is convicted of voluntary | 26 | | manslaughter, second degree murder, involuntary |
| | | SB0201 Enrolled | - 13 - | LRB099 03371 RLC 23379 b |
|
| 1 | | manslaughter, or reckless homicide in which the defendant | 2 | | has been convicted of causing the death of more than one | 3 | | individual. | 4 | | (3) When a defendant is convicted of aggravated | 5 | | criminal sexual assault or criminal sexual assault, when | 6 | | there is a finding that aggravated criminal sexual assault | 7 | | or criminal sexual assault was also committed on the same | 8 | | victim by one or more other individuals, and the defendant | 9 | | voluntarily participated in the crime with the knowledge of | 10 | | the participation of the others in the crime, and the | 11 | | commission of the crime was part of a single course of | 12 | | conduct during which there was no substantial change in the | 13 | | nature of the criminal objective. | 14 | | (4) If the victim was under 18 years of age at the time | 15 | | of the commission of the offense, when a defendant is | 16 | | convicted of aggravated criminal sexual assault or | 17 | | predatory criminal sexual assault of a child under | 18 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 19 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 21 | | (5) When a defendant is convicted of a felony violation | 22 | | of Section 24-1 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 24 | | finding that the defendant is a member of an organized | 25 | | gang. | 26 | | (6) When a defendant was convicted of unlawful use of |
| | | SB0201 Enrolled | - 14 - | LRB099 03371 RLC 23379 b |
|
| 1 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 3 | | a weapon that is not readily distinguishable as one of the | 4 | | weapons enumerated in Section 24-1 of the Criminal Code of | 5 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 6 | | (7) When a defendant is convicted of an offense | 7 | | involving the illegal manufacture of a controlled | 8 | | substance under Section 401 of the Illinois Controlled | 9 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 10 | | of methamphetamine under Section 25 of the Methamphetamine | 11 | | Control and Community Protection Act (720 ILCS 646/25), or | 12 | | the illegal possession of explosives and an emergency | 13 | | response officer in the performance of his or her duties is | 14 | | killed or injured at the scene of the offense while | 15 | | responding to the emergency caused by the commission of the | 16 | | offense. In this paragraph, "emergency" means a situation | 17 | | in which a person's life, health, or safety is in jeopardy; | 18 | | and "emergency response officer" means a peace officer, | 19 | | community policing volunteer, fireman, emergency medical | 20 | | technician-ambulance, emergency medical | 21 | | technician-intermediate, emergency medical | 22 | | technician-paramedic, ambulance driver, other medical | 23 | | assistance or first aid personnel, or hospital emergency | 24 | | room personnel.
| 25 | | (8) When the defendant is convicted of attempted mob | 26 | | action, solicitation to commit mob action, or conspiracy to |
| | | SB0201 Enrolled | - 15 - | LRB099 03371 RLC 23379 b |
|
| 1 | | commit mob action under Section 8-1, 8-2, or 8-4 of the | 2 | | Criminal Code of 2012, where the criminal object is a | 3 | | violation of Section 25-1 of the Criminal Code of 2012, and | 4 | | an electronic communication is used in the commission of | 5 | | the offense. For the purposes of this paragraph (8), | 6 | | "electronic communication" shall have the meaning provided | 7 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 8 | | (d) For the purposes of this Section, "organized gang" has | 9 | | the meaning
ascribed to it in Section 10 of the Illinois | 10 | | Streetgang Terrorism Omnibus
Prevention Act.
| 11 | | (e) 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 11-1.20, 11-1.30, | 14 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 15 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 16 | | when the victim of the offense is under 18 years of age at the | 17 | | time of the commission of the offense and, during the | 18 | | commission of the offense, the victim was under the influence | 19 | | of alcohol, regardless of whether or not the alcohol was | 20 | | supplied by the offender; and the offender, at the time of the | 21 | | commission of the offense, knew or should have known that the | 22 | | victim had consumed alcohol. | 23 | | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | 24 | | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | 25 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | 26 | | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. |
| | | SB0201 Enrolled | - 16 - | LRB099 03371 RLC 23379 b |
|
| 1 | | 7-16-14.)
|
|