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90_HB2504
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
Amends the Unified Code of Corrections. Provides that
the court may as an aggravating factor in sentencing consider
that the defendant committed an offense in the presence of a
child under 18 years of age who is a family or household
member of the defendant and the elements of the offense
consisted of acts of domestic violence committed against a
family or household member. Effective January 1, 1999.
LRB9008567RCksA
LRB9008567RCksA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-5-3.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-5-3.2 as follows:
7 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
8 Sec. 5-5-3.2. Factors in Aggravation.
9 (a) The following factors shall be accorded weight in
10 favor of imposing a term of imprisonment or may be considered
11 by the court as reasons to impose a more severe sentence
12 under Section 5-8-1:
13 (1) the defendant's conduct caused or threatened
14 serious harm;
15 (2) the defendant received compensation for
16 committing the offense;
17 (3) the defendant has a history of prior
18 delinquency or criminal activity;
19 (4) the defendant, by the duties of his office or
20 by his position, was obliged to prevent the particular
21 offense committed or to bring the offenders committing it
22 to justice;
23 (5) the defendant held public office at the time of
24 the offense, and the offense related to the conduct of
25 that office;
26 (6) the defendant utilized his professional
27 reputation or position in the community to commit the
28 offense, or to afford him an easier means of committing
29 it;
30 (7) the sentence is necessary to deter others from
31 committing the same crime;
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1 (8) the defendant committed the offense against a
2 person 60 years of age or older or such person's
3 property;
4 (9) the defendant committed the offense against a
5 person who is physically handicapped or such person's
6 property;
7 (10) by reason of another individual's actual or
8 perceived race, color, creed, religion, ancestry, gender,
9 sexual orientation, physical or mental disability, or
10 national origin, the defendant committed the offense
11 against (i) the person or property of that individual;
12 (ii) the person or property of a person who has an
13 association with, is married to, or has a friendship with
14 the other individual; or (iii) the person or property of
15 a relative (by blood or marriage) of a person described
16 in clause (i) or (ii). For the purposes of this Section,
17 "sexual orientation" means heterosexuality,
18 homosexuality, or bisexuality;
19 (11) the offense took place in a place of worship
20 or on the grounds of a place of worship, immediately
21 prior to, during or immediately following worship
22 services. For purposes of this subparagraph, "place of
23 worship" shall mean any church, synagogue or other
24 building, structure or place used primarily for religious
25 worship;
26 (12) the defendant was convicted of a felony
27 committed while he was released on bail or his own
28 recognizance pending trial for a prior felony and was
29 convicted of such prior felony, or the defendant was
30 convicted of a felony committed while he was serving a
31 period of probation, conditional discharge, or mandatory
32 supervised release under subsection (d) of Section 5-8-1
33 for a prior felony;
34 (13) the defendant committed or attempted to commit
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1 a felony while he was wearing a bulletproof vest. For
2 the purposes of this paragraph (13), a bulletproof vest
3 is any device which is designed for the purpose of
4 protecting the wearer from bullets, shot or other lethal
5 projectiles;
6 (14) the defendant held a position of trust or
7 supervision such as, but not limited to, family member as
8 defined in Section 12-12 of the Criminal Code of 1961,
9 teacher, scout leader, baby sitter, or day care worker,
10 in relation to a victim under 18 years of age, and the
11 defendant committed an offense in violation of Section
12 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
13 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
14 1961 against that victim;
15 (15) the defendant committed an offense related to
16 the activities of an organized gang. For the purposes of
17 this factor, "organized gang" has the meaning ascribed to
18 it in Section 10 of the Streetgang Terrorism Omnibus
19 Prevention Act;
20 (16) the defendant committed an offense in
21 violation of one of the following Sections while in a
22 school, regardless of the time of day or time of year; on
23 any conveyance owned, leased, or contracted by a school
24 to transport students to or from school or a school
25 related activity; on the real property of a school; or on
26 a public way within 1,000 feet of the real property
27 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
28 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
29 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
30 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
31 1961; .
32 (17) the defendant committed an offense in the
33 presence of a child under 18 years of age who is a family
34 or household member of the defendant and the elements of
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1 the offense consisted of acts that constituted domestic
2 violence committed against a family or household member.
3 For purposes of this paragraph (17), "family or household
4 member" and "domestic violence" have the meanings
5 ascribed to them in Section 112A-3 of the Code of
6 Criminal Procedure of 1963.
7 For the purposes of this Section, "school" is defined as
8 a public or private elementary or secondary school, community
9 college, college, or university.
10 (b) The following factors may be considered by the court
11 as reasons to impose an extended term sentence under Section
12 5-8-2 upon any offender:
13 (1) When a defendant is convicted of any felony,
14 after having been previously convicted in Illinois or any
15 other jurisdiction of the same or similar class felony or
16 greater class felony, when such conviction has occurred
17 within 10 years after the previous conviction, excluding
18 time spent in custody, and such charges are separately
19 brought and tried and arise out of different series of
20 acts; or
21 (2) When a defendant is convicted of any felony and
22 the court finds that the offense was accompanied by
23 exceptionally brutal or heinous behavior indicative of
24 wanton cruelty; or
25 (3) When a defendant is convicted of voluntary
26 manslaughter, second degree murder, involuntary
27 manslaughter or reckless homicide in which the defendant
28 has been convicted of causing the death of more than one
29 individual; or
30 (4) When a defendant is convicted of any felony
31 committed against:
32 (i) a person under 12 years of age at the time
33 of the offense or such person's property;
34 (ii) a person 60 years of age or older at the
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1 time of the offense or such person's property; or
2 (iii) a person physically handicapped at the
3 time of the offense or such person's property; or
4 (5) In the case of a defendant convicted of
5 aggravated criminal sexual assault or criminal sexual
6 assault, when the court finds that aggravated criminal
7 sexual assault or criminal sexual assault was also
8 committed on the same victim by one or more other
9 individuals, and the defendant voluntarily participated
10 in the crime with the knowledge of the participation of
11 the others in the crime, and the commission of the crime
12 was part of a single course of conduct during which there
13 was no substantial change in the nature of the criminal
14 objective; or
15 (6) When a defendant is convicted of any felony and
16 the offense involved any of the following types of
17 specific misconduct committed as part of a ceremony,
18 rite, initiation, observance, performance, practice or
19 activity of any actual or ostensible religious,
20 fraternal, or social group:
21 (i) the brutalizing or torturing of humans or
22 animals;
23 (ii) the theft of human corpses;
24 (iii) the kidnapping of humans;
25 (iv) the desecration of any cemetery,
26 religious, fraternal, business, governmental,
27 educational, or other building or property; or
28 (v) ritualized abuse of a child; or
29 (7) When a defendant is convicted of first degree
30 murder, after having been previously convicted in
31 Illinois of any offense listed under paragraph (c)(2) of
32 Section 5-5-3, when such conviction has occurred within
33 10 years after the previous conviction, excluding time
34 spent in custody, and such charges are separately brought
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1 and tried and arise out of different series of acts; or
2 (8) When a defendant is convicted of a felony other
3 than conspiracy and the court finds that the felony was
4 committed under an agreement with 2 or more other persons
5 to commit that offense and the defendant, with respect to
6 the other individuals, occupied a position of organizer,
7 supervisor, financier, or any other position of
8 management or leadership, and the court further finds
9 that the felony committed was related to or in
10 furtherance of the criminal activities of an organized
11 gang or was motivated by the defendant's leadership in an
12 organized gang; or
13 (9) When a defendant is convicted of a felony
14 violation of Section 24-1 of the Criminal Code of 1961
15 and the court finds that the defendant is a member of an
16 organized gang.
17 (b-1) For the purposes of this Section, "organized gang"
18 has the meaning ascribed to it in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20 (c) The court may impose an extended term sentence under
21 Section 5-8-2 upon any offender who was convicted of
22 aggravated criminal sexual assault where the victim was under
23 18 years of age at the time of the commission of the offense.
24 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
25 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
26 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)
27 Section 99. Effective date. This Act takes effect
28 January 1, 1999.