[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB2400eng
720 ILCS 5/2-3.5 new
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/12-4 from Ch. 38, par. 12-4
Amends the Criminal Code of 1961. Defines "community
policing person". Provides that it is an aggravating factor
for which the death penalty may be imposed that the murdered
individual was a community policing person killed in the
course of performing community policing functions or to
prevent the community policing person from performing
community policing functions or in retaliation for performing
community policing functions and that the defendant knew or
should have known that the murdered individual was a
community policing person. Also establishes these factors to
enhance battery to aggravated battery. Makes the enhanced
offense a Class 2 felony (rather than a Class 3 felony) for
which a sentence of imprisonment may be imposed of not less
than 3 nor more than 14 years. Effective immediately.
LRB9007731RCks
HB2400 Engrossed LRB9007731RCks
1 AN ACT in relation to community policing, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 2-13 and 12-6.2 as follows:
7 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
8 Sec. 2-13. "Peace officer". "Peace officer" means any
9 person who by virtue of his office or public employment is
10 vested by law with a duty to maintain public order or to make
11 arrests for offenses, whether that duty extends to all
12 offenses or is limited to specific offenses.
13 For purposes of Sections concerning unlawful use of
14 weapons, for the purposes of assisting an Illinois peace
15 officer in an arrest, or when the commission of a felony
16 under Illinois law is directly observed by the person, then
17 officers, agents or employees of the federal government
18 commissioned by federal statute to make arrests for
19 violations of federal criminal laws shall be considered
20 "peace officers" under this Code, including, but not limited
21 to all criminal investigators of:
22 (1) The United States Department of Justice, The Federal
23 Bureau of Investigation, The Drug Enforcement Agency and The
24 Department of Immigration and Naturalization;
25 (2) The United States Department of the Treasury, The
26 Secret Service, The Bureau of Alcohol, Tobacco and Firearms
27 and The Customs Service;
28 (3) The United States Internal Revenue Service;
29 (4) The United States General Services Administration;
30 (5) The United States Postal Service; and
31 (6) all United States Marshalls or Deputy United States
HB2400 Engrossed -2- LRB9007731RCks
1 Marshalls whose duties involve the enforcement of federal
2 criminal laws.
3 Solely for the purposes of Sections 7-5, 9-1, 12-2, 12-4,
4 12-4.2, 12-6.2, and 24-1.2 of this Code, the term "peace
5 officer" includes any person summoned or directed by a peace
6 officer or any person actively participating in a community
7 policing program and who has been authorized by the law
8 enforcement agency under whose auspices the community
9 policing program has been established and conducted to
10 participate in the community policing program. For the
11 purposes of this Section, "community policing program" means
12 any plan, system, or strategy established by and conducted
13 under the auspices of a law enforcement agency in which
14 citizens acting under the guidance or direction of the law
15 enforcement agency work with members of that agency to reduce
16 or prevent crime within a defined geographic area. For the
17 purposes of Sections 9-1, 12-2, 12-4, 12-4.2, 12-6.2, and
18 24-1.2 of this Code, a person participating in a community
19 policing program is engaged in executing "official duties"
20 when that person is performing any work or duties that are
21 prescribed by, guided by, or directed by members of the law
22 enforcement agency with which he or she is working to prevent
23 or reduce crime within the defined geographic area.
24 (Source: P.A. 88-677, eff. 12-15-94.)
25 (720 ILCS 5/12-6.2)
26 Sec. 12-6.2. Aggravated intimidation.
27 (a) A person commits the offense of aggravated
28 intimidation when he or she commits the offense of
29 intimidation and:
30 (1) the person committed the offense in furtherance
31 of the activities of an organized gang or by the person's
32 membership in or allegiance to an organized gang; or
33 (2) the following conditions are met:
HB2400 Engrossed -3- LRB9007731RCks
1 (A) the person knew that the victim was: (i) a
2 peace officer, (ii) a person summoned or directed by
3 a peace officer, (iii) a correctional institution
4 employee, or (iv) a fireman; and
5 (B) the offense was committed: (i) while the
6 victim was engaged in the execution of his or her
7 official duties; or (ii) to prevent the victim from
8 performing his or her official duties; or (iii) in
9 retaliation for the victim's performance of his or
10 her official duties. Any streetgang member who
11 commits the offense of intimidation in furtherance
12 of the activities of an organized gang commits the
13 offense of aggravated intimidation.
14 (b) Sentence. Aggravated intimidation is a Class 1
15 felony.
16 (c) For the purposes of this Section, "streetgang",
17 "streetgang steetgang member", and "organized gang" have the
18 meanings ascribed to them in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
21 Section 10. The Unified Code of Corrections is amended
22 by changing Section 5-5-3.2 as follows:
23 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
24 Sec. 5-5-3.2. Factors in Aggravation.
25 (a) The following factors shall be accorded weight in
26 favor of imposing a term of imprisonment or may be considered
27 by the court as reasons to impose a more severe sentence
28 under Section 5-8-1:
29 (1) the defendant's conduct caused or threatened
30 serious harm;
31 (2) the defendant received compensation for
32 committing the offense;
HB2400 Engrossed -4- LRB9007731RCks
1 (3) the defendant has a history of prior
2 delinquency or criminal activity;
3 (4) the defendant, by the duties of his office or
4 by his position, was obliged to prevent the particular
5 offense committed or to bring the offenders committing it
6 to justice;
7 (5) the defendant held public office at the time of
8 the offense, and the offense related to the conduct of
9 that office;
10 (6) the defendant utilized his professional
11 reputation or position in the community to commit the
12 offense, or to afford him an easier means of committing
13 it;
14 (7) the sentence is necessary to deter others from
15 committing the same crime;
16 (8) the defendant committed the offense against a
17 person 60 years of age or older or such person's
18 property;
19 (9) the defendant committed the offense against a
20 person who is physically handicapped or such person's
21 property;
22 (10) by reason of another individual's actual or
23 perceived race, color, creed, religion, ancestry, gender,
24 sexual orientation, physical or mental disability, or
25 national origin, the defendant committed the offense
26 against (i) the person or property of that individual;
27 (ii) the person or property of a person who has an
28 association with, is married to, or has a friendship with
29 the other individual; or (iii) the person or property of
30 a relative (by blood or marriage) of a person described
31 in clause (i) or (ii). For the purposes of this Section,
32 "sexual orientation" means heterosexuality,
33 homosexuality, or bisexuality;
34 (11) the offense took place in a place of worship
HB2400 Engrossed -5- LRB9007731RCks
1 or on the grounds of a place of worship, immediately
2 prior to, during or immediately following worship
3 services. For purposes of this subparagraph, "place of
4 worship" shall mean any church, synagogue or other
5 building, structure or place used primarily for religious
6 worship;
7 (12) the defendant was convicted of a felony
8 committed while he was released on bail or his own
9 recognizance pending trial for a prior felony and was
10 convicted of such prior felony, or the defendant was
11 convicted of a felony committed while he was serving a
12 period of probation, conditional discharge, or mandatory
13 supervised release under subsection (d) of Section 5-8-1
14 for a prior felony;
15 (13) the defendant committed or attempted to commit
16 a felony while he was wearing a bulletproof vest. For
17 the purposes of this paragraph (13), a bulletproof vest
18 is any device which is designed for the purpose of
19 protecting the wearer from bullets, shot or other lethal
20 projectiles;
21 (14) the defendant held a position of trust or
22 supervision such as, but not limited to, family member as
23 defined in Section 12-12 of the Criminal Code of 1961,
24 teacher, scout leader, baby sitter, or day care worker,
25 in relation to a victim under 18 years of age, and the
26 defendant committed an offense in violation of Section
27 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
28 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
29 1961 against that victim;
30 (15) the defendant committed an offense related to
31 the activities of an organized gang. For the purposes of
32 this factor, "organized gang" has the meaning ascribed to
33 it in Section 10 of the Streetgang Terrorism Omnibus
34 Prevention Act;
HB2400 Engrossed -6- LRB9007731RCks
1 (16) the defendant committed an offense in
2 violation of one of the following Sections while in a
3 school, regardless of the time of day or time of year; on
4 any conveyance owned, leased, or contracted by a school
5 to transport students to or from school or a school
6 related activity; on the real property of a school; or on
7 a public way within 1,000 feet of the real property
8 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
9 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
10 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
11 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
12 1961;.
13 (17) the defendant committed the offense against a
14 person because of that person's participation in a
15 community policing program. For the purposes of this
16 paragraph (17), "community policing program" has the
17 meaning ascribed to it in Section 2-13 of the Criminal
18 Code of 1961.
19 For the purposes of this Section, "school" is defined as
20 a public or private elementary or secondary school, community
21 college, college, or university.
22 (b) The following factors may be considered by the court
23 as reasons to impose an extended term sentence under Section
24 5-8-2 upon any offender:
25 (1) When a defendant is convicted of any felony,
26 after having been previously convicted in Illinois or any
27 other jurisdiction of the same or similar class felony or
28 greater class felony, when such conviction has occurred
29 within 10 years after the previous conviction, excluding
30 time spent in custody, and such charges are separately
31 brought and tried and arise out of different series of
32 acts; or
33 (2) When a defendant is convicted of any felony and
34 the court finds that the offense was accompanied by
HB2400 Engrossed -7- LRB9007731RCks
1 exceptionally brutal or heinous behavior indicative of
2 wanton cruelty; or
3 (3) When a defendant is convicted of voluntary
4 manslaughter, second degree murder, involuntary
5 manslaughter or reckless homicide in which the defendant
6 has been convicted of causing the death of more than one
7 individual; or
8 (4) When a defendant is convicted of any felony
9 committed against:
10 (i) a person under 12 years of age at the time
11 of the offense or such person's property;
12 (ii) a person 60 years of age or older at the
13 time of the offense or such person's property; or
14 (iii) a person physically handicapped at the
15 time of the offense or such person's property; or
16 (5) In the case of a defendant convicted of
17 aggravated criminal sexual assault or criminal sexual
18 assault, when the court finds that aggravated criminal
19 sexual assault or criminal sexual assault was also
20 committed on the same victim by one or more other
21 individuals, and the defendant voluntarily participated
22 in the crime with the knowledge of the participation of
23 the others in the crime, and the commission of the crime
24 was part of a single course of conduct during which there
25 was no substantial change in the nature of the criminal
26 objective; or
27 (6) When a defendant is convicted of any felony and
28 the offense involved any of the following types of
29 specific misconduct committed as part of a ceremony,
30 rite, initiation, observance, performance, practice or
31 activity of any actual or ostensible religious,
32 fraternal, or social group:
33 (i) the brutalizing or torturing of humans or
34 animals;
HB2400 Engrossed -8- LRB9007731RCks
1 (ii) the theft of human corpses;
2 (iii) the kidnapping of humans;
3 (iv) the desecration of any cemetery,
4 religious, fraternal, business, governmental,
5 educational, or other building or property; or
6 (v) ritualized abuse of a child; or
7 (7) When a defendant is convicted of first degree
8 murder, after having been previously convicted in
9 Illinois of any offense listed under paragraph (c)(2) of
10 Section 5-5-3, when such conviction has occurred within
11 10 years after the previous conviction, excluding time
12 spent in custody, and such charges are separately brought
13 and tried and arise out of different series of acts; or
14 (8) When a defendant is convicted of a felony other
15 than conspiracy and the court finds that the felony was
16 committed under an agreement with 2 or more other persons
17 to commit that offense and the defendant, with respect to
18 the other individuals, occupied a position of organizer,
19 supervisor, financier, or any other position of
20 management or leadership, and the court further finds
21 that the felony committed was related to or in
22 furtherance of the criminal activities of an organized
23 gang or was motivated by the defendant's leadership in an
24 organized gang; or
25 (9) When a defendant is convicted of a felony
26 violation of Section 24-1 of the Criminal Code of 1961
27 and the court finds that the defendant is a member of an
28 organized gang.
29 (b-1) For the purposes of this Section, "organized gang"
30 has the meaning ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (c) The court may impose an extended term sentence under
33 Section 5-8-2 upon any offender who was convicted of
34 aggravated criminal sexual assault where the victim was under
HB2400 Engrossed -9- LRB9007731RCks
1 18 years of age at the time of the commission of the offense.
2 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
3 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
4 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)