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| [ Senate Amendment 001 ] |
90_HB2400ham001
LRB9007731RCksam
1 AMENDMENT TO HOUSE BILL 2400
2 AMENDMENT NO. . Amend House Bill 2400 by replacing
3 the title with the following:
4 "AN ACT in relation to community policing, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 2-13 and 12-6.2 as follows:
10 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
11 Sec. 2-13. "Peace officer". "Peace officer" means any
12 person who by virtue of his office or public employment is
13 vested by law with a duty to maintain public order or to make
14 arrests for offenses, whether that duty extends to all
15 offenses or is limited to specific offenses.
16 For purposes of Sections concerning unlawful use of
17 weapons, for the purposes of assisting an Illinois peace
18 officer in an arrest, or when the commission of a felony
19 under Illinois law is directly observed by the person, then
20 officers, agents or employees of the federal government
21 commissioned by federal statute to make arrests for
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1 violations of federal criminal laws shall be considered
2 "peace officers" under this Code, including, but not limited
3 to all criminal investigators of:
4 (1) The United States Department of Justice, The Federal
5 Bureau of Investigation, The Drug Enforcement Agency and The
6 Department of Immigration and Naturalization;
7 (2) The United States Department of the Treasury, The
8 Secret Service, The Bureau of Alcohol, Tobacco and Firearms
9 and The Customs Service;
10 (3) The United States Internal Revenue Service;
11 (4) The United States General Services Administration;
12 (5) The United States Postal Service; and
13 (6) all United States Marshalls or Deputy United States
14 Marshalls whose duties involve the enforcement of federal
15 criminal laws.
16 Solely for the purposes of Sections 7-5, 9-1, 12-2, 12-4,
17 12-4.2, 12-6.2, and 24-1.2 of this Code, the term "peace
18 officer" includes any person summoned or directed by a peace
19 officer or any person actively participating in a community
20 policing program and who has been authorized by the law
21 enforcement agency under whose auspices the community
22 policing program has been established and conducted to
23 participate in the community policing program. For the
24 purposes of this Section, "community policing program" means
25 any plan, system, or strategy established by and conducted
26 under the auspices of a law enforcement agency in which
27 citizens acting under the guidance or direction of the law
28 enforcement agency work with members of that agency to reduce
29 or prevent crime within a defined geographic area. For the
30 purposes of Sections 9-1, 12-2, 12-4, 12-4.2, 12-6.2, and
31 24-1.2 of this Code, a person participating in a community
32 policing program is engaged in executing "official duties"
33 when that person is performing any work or duties that are
34 prescribed by, guided by, or directed by members of the law
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1 enforcement agency with which he or she is working to prevent
2 or reduce crime within the defined geographic area.
3 (Source: P.A. 88-677, eff. 12-15-94.)
4 (720 ILCS 5/12-6.2)
5 Sec. 12-6.2. Aggravated intimidation.
6 (a) A person commits the offense of aggravated
7 intimidation when he or she commits the offense of
8 intimidation and:
9 (1) the person committed the offense in furtherance
10 of the activities of an organized gang or by the person's
11 membership in or allegiance to an organized gang; or
12 (2) the following conditions are met:
13 (A) the person knew that the victim was: (i) a
14 peace officer, (ii) a person summoned or directed by
15 a peace officer, (iii) a correctional institution
16 employee, or (iv) a fireman; and
17 (B) the offense was committed: (i) while the
18 victim was engaged in the execution of his or her
19 official duties; or (ii) to prevent the victim from
20 performing his or her official duties; or (iii) in
21 retaliation for the victim's performance of his or
22 her official duties. Any streetgang member who
23 commits the offense of intimidation in furtherance
24 of the activities of an organized gang commits the
25 offense of aggravated intimidation.
26 (b) Sentence. Aggravated intimidation is a Class 1
27 felony.
28 (c) For the purposes of this Section, "streetgang",
29 "streetgang steetgang member", and "organized gang" have the
30 meanings ascribed to them in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
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1 Section 10. The Unified Code of Corrections is amended
2 by changing Section 5-5-3.2 as follows:
3 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
4 Sec. 5-5-3.2. Factors in Aggravation.
5 (a) The following factors shall be accorded weight in
6 favor of imposing a term of imprisonment or may be considered
7 by the court as reasons to impose a more severe sentence
8 under Section 5-8-1:
9 (1) the defendant's conduct caused or threatened
10 serious harm;
11 (2) the defendant received compensation for
12 committing the offense;
13 (3) the defendant has a history of prior
14 delinquency or criminal activity;
15 (4) the defendant, by the duties of his office or
16 by his position, was obliged to prevent the particular
17 offense committed or to bring the offenders committing it
18 to justice;
19 (5) the defendant held public office at the time of
20 the offense, and the offense related to the conduct of
21 that office;
22 (6) the defendant utilized his professional
23 reputation or position in the community to commit the
24 offense, or to afford him an easier means of committing
25 it;
26 (7) the sentence is necessary to deter others from
27 committing the same crime;
28 (8) the defendant committed the offense against a
29 person 60 years of age or older or such person's
30 property;
31 (9) the defendant committed the offense against a
32 person who is physically handicapped or such person's
33 property;
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1 (10) by reason of another individual's actual or
2 perceived race, color, creed, religion, ancestry, gender,
3 sexual orientation, physical or mental disability, or
4 national origin, the defendant committed the offense
5 against (i) the person or property of that individual;
6 (ii) the person or property of a person who has an
7 association with, is married to, or has a friendship with
8 the other individual; or (iii) the person or property of
9 a relative (by blood or marriage) of a person described
10 in clause (i) or (ii). For the purposes of this Section,
11 "sexual orientation" means heterosexuality,
12 homosexuality, or bisexuality;
13 (11) the offense took place in a place of worship
14 or on the grounds of a place of worship, immediately
15 prior to, during or immediately following worship
16 services. For purposes of this subparagraph, "place of
17 worship" shall mean any church, synagogue or other
18 building, structure or place used primarily for religious
19 worship;
20 (12) the defendant was convicted of a felony
21 committed while he was released on bail or his own
22 recognizance pending trial for a prior felony and was
23 convicted of such prior felony, or the defendant was
24 convicted of a felony committed while he was serving a
25 period of probation, conditional discharge, or mandatory
26 supervised release under subsection (d) of Section 5-8-1
27 for a prior felony;
28 (13) the defendant committed or attempted to commit
29 a felony while he was wearing a bulletproof vest. For
30 the purposes of this paragraph (13), a bulletproof vest
31 is any device which is designed for the purpose of
32 protecting the wearer from bullets, shot or other lethal
33 projectiles;
34 (14) the defendant held a position of trust or
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1 supervision such as, but not limited to, family member as
2 defined in Section 12-12 of the Criminal Code of 1961,
3 teacher, scout leader, baby sitter, or day care worker,
4 in relation to a victim under 18 years of age, and the
5 defendant committed an offense in violation of Section
6 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
7 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
8 1961 against that victim;
9 (15) the defendant committed an offense related to
10 the activities of an organized gang. For the purposes of
11 this factor, "organized gang" has the meaning ascribed to
12 it in Section 10 of the Streetgang Terrorism Omnibus
13 Prevention Act;
14 (16) the defendant committed an offense in
15 violation of one of the following Sections while in a
16 school, regardless of the time of day or time of year; on
17 any conveyance owned, leased, or contracted by a school
18 to transport students to or from school or a school
19 related activity; on the real property of a school; or on
20 a public way within 1,000 feet of the real property
21 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
22 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
23 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
24 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
25 1961;.
26 (17) the defendant committed the offense against a
27 person because of that person's participation in a
28 community policing program. For the purposes of this
29 paragraph (17), "community policing program" has the
30 meaning ascribed to it in Section 2-13 of the Criminal
31 Code of 1961.
32 For the purposes of this Section, "school" is defined as
33 a public or private elementary or secondary school, community
34 college, college, or university.
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1 (b) The following factors may be considered by the court
2 as reasons to impose an extended term sentence under Section
3 5-8-2 upon any offender:
4 (1) When a defendant is convicted of any felony,
5 after having been previously convicted in Illinois or any
6 other jurisdiction of the same or similar class felony or
7 greater class felony, when such conviction has occurred
8 within 10 years after the previous conviction, excluding
9 time spent in custody, and such charges are separately
10 brought and tried and arise out of different series of
11 acts; or
12 (2) When a defendant is convicted of any felony and
13 the court finds that the offense was accompanied by
14 exceptionally brutal or heinous behavior indicative of
15 wanton cruelty; or
16 (3) When a defendant is convicted of voluntary
17 manslaughter, second degree murder, involuntary
18 manslaughter or reckless homicide in which the defendant
19 has been convicted of causing the death of more than one
20 individual; or
21 (4) When a defendant is convicted of any felony
22 committed against:
23 (i) a person under 12 years of age at the time
24 of the offense or such person's property;
25 (ii) a person 60 years of age or older at the
26 time of the offense or such person's property; or
27 (iii) a person physically handicapped at the
28 time of the offense or such person's property; or
29 (5) In the case of a defendant convicted of
30 aggravated criminal sexual assault or criminal sexual
31 assault, when the court finds that aggravated criminal
32 sexual assault or criminal sexual assault was also
33 committed on the same victim by one or more other
34 individuals, and the defendant voluntarily participated
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1 in the crime with the knowledge of the participation of
2 the others in the crime, and the commission of the crime
3 was part of a single course of conduct during which there
4 was no substantial change in the nature of the criminal
5 objective; or
6 (6) When a defendant is convicted of any felony and
7 the offense involved any of the following types of
8 specific misconduct committed as part of a ceremony,
9 rite, initiation, observance, performance, practice or
10 activity of any actual or ostensible religious,
11 fraternal, or social group:
12 (i) the brutalizing or torturing of humans or
13 animals;
14 (ii) the theft of human corpses;
15 (iii) the kidnapping of humans;
16 (iv) the desecration of any cemetery,
17 religious, fraternal, business, governmental,
18 educational, or other building or property; or
19 (v) ritualized abuse of a child; or
20 (7) When a defendant is convicted of first degree
21 murder, after having been previously convicted in
22 Illinois of any offense listed under paragraph (c)(2) of
23 Section 5-5-3, when such conviction has occurred within
24 10 years after the previous conviction, excluding time
25 spent in custody, and such charges are separately brought
26 and tried and arise out of different series of acts; or
27 (8) When a defendant is convicted of a felony other
28 than conspiracy and the court finds that the felony was
29 committed under an agreement with 2 or more other persons
30 to commit that offense and the defendant, with respect to
31 the other individuals, occupied a position of organizer,
32 supervisor, financier, or any other position of
33 management or leadership, and the court further finds
34 that the felony committed was related to or in
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1 furtherance of the criminal activities of an organized
2 gang or was motivated by the defendant's leadership in an
3 organized gang; or
4 (9) When a defendant is convicted of a felony
5 violation of Section 24-1 of the Criminal Code of 1961
6 and the court finds that the defendant is a member of an
7 organized gang.
8 (b-1) For the purposes of this Section, "organized gang"
9 has the meaning ascribed to it in Section 10 of the Illinois
10 Streetgang Terrorism Omnibus Prevention Act.
11 (c) The court may impose an extended term sentence under
12 Section 5-8-2 upon any offender who was convicted of
13 aggravated criminal sexual assault where the victim was under
14 18 years of age at the time of the commission of the offense.
15 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
16 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
17 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)".