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90_HB3783
705 ILCS 405/5-4 from Ch. 37, par. 805-4
720 ILCS 5/21.3-5
720 ILCS 550/5.2 from Ch. 56 1/2, par. 705.2
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
Amends the Juvenile Court Act of 1987, the Criminal Code
of 1961, the Cannabis Control Act, and the Unified Code of
Corrections. Provides for adult criminal prosecution of
certain minors and enhanced criminal penalties for adults who
commit specified offenses in a public park, on the real
property comprising a public park, or on a public way within
1,000 feet of the real property comprising a public park.
LRB9008948RCks
LRB9008948RCks
1 AN ACT in relation to public parks, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Section 5-4 as follows:
6 (705 ILCS 405/5-4) (from Ch. 37, par. 805-4)
7 Sec. 5-4. Criminal prosecutions limited.
8 (1) Except as provided in this Section, no minor who was
9 under 17 years of age at the time of the alleged offense may
10 be prosecuted under the criminal laws of this State or for
11 violation of an ordinance of any political subdivision of
12 this State.
13 (2) Subject to subsection (5) of Section 5-10, any minor
14 alleged to have committed a traffic, boating or fish and game
15 law violation, whether or not the violation is punishable by
16 imprisonment or an offense punishable by fine only, may be
17 prosecuted for the violation and if found guilty punished
18 under any statute or ordinance relating to the violation,
19 without reference to the procedures set out in this Act,
20 except that detention, if any, must be in compliance with
21 this Act.
22 For the purpose of this Section, "traffic violation"
23 shall include a violation of Section 9-3 of the Criminal Code
24 of 1961 relating to the offense of reckless homicide, or
25 Section 11-501 of the Illinois Vehicle Code, or any similar
26 provision of a local ordinance.
27 (3) (a) If a petition alleges commission by a minor 13
28 years of age or over of an act that constitutes a crime
29 under the laws of this State and, on motion of the
30 State's Attorney, a Juvenile Judge designated by the
31 Chief Judge of the Circuit to hear and determine those
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1 motions, after investigation and hearing but before
2 commencement of the adjudicatory hearing, finds that it
3 is not in the best interests of the minor or of the
4 public to proceed under this Act, the court may enter an
5 order permitting prosecution under the criminal laws.
6 (b) In making its determination on a motion to
7 permit prosecution under the criminal laws, the court
8 shall consider among other matters: (i) whether there is
9 sufficient evidence upon which a grand jury may be
10 expected to return an indictment; (ii) whether there is
11 evidence that the alleged offense was committed in an
12 aggressive and premeditated manner; (iii) the age of the
13 minor; (iv) the previous history of the minor; (v)
14 whether there are facilities particularly available to
15 the Juvenile Court for the treatment and rehabilitation
16 of the minor; (vi) whether the best interest of the minor
17 and the security of the public may require that the minor
18 continue in custody or under supervision for a period
19 extending beyond his minority; (vii) whether the minor
20 possessed a deadly weapon when committing the alleged
21 offense; and (viii) whether the alleged offense is a
22 felony offense under Section 5 of the Cannabis Control
23 Act committed while in a school, regardless of the time
24 of day or the time of year, or any conveyance owned,
25 leased or contracted by a school to transport students to
26 or from school or a school related activity, in a public
27 park, on the real property comprising any school,
28 regardless of the time of day or the time of year, on the
29 real property comprising a public park, or on a public
30 way within 1,000 feet of the real property comprising any
31 school, regardless of the time of day or the time of
32 year, or on a public way within 1,000 feet of the real
33 property comprising a public park. School is defined,
34 for the purposes of this Section, as any public or
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1 private elementary or secondary school, community
2 college, college, or university. The rules of evidence
3 shall be the same as under Section 5-22 of this Act, but
4 no hearing on the motion may be commenced unless the
5 minor is represented in court by counsel.
6 (c) If criminal proceedings are instituted, the
7 petition shall be dismissed insofar as the act or acts
8 involved in the criminal proceedings are concerned.
9 Taking of evidence in an adjudicatory hearing in any such
10 case is a bar to criminal proceedings based upon the
11 conduct alleged in the petition.
12 (3.1) If a petition alleges commission by a minor 15
13 years of age or older of an act that constitutes a forcible
14 felony under the laws of this State, and if a motion by the
15 State's Attorney to prosecute the minor under the criminal
16 laws of Illinois for the alleged forcible felony alleges that
17 (i) the minor has previously been adjudicated delinquent for
18 commission of an act that constitutes a felony under the laws
19 of this State or any other state and (ii) the act that
20 constitutes the offense was committed in furtherance of
21 criminal activity by an organized gang, the Juvenile Judge
22 designated to hear and determine those motions shall, upon
23 determining that there is probable cause that both
24 allegations are true, enter an order permitting prosecution
25 under the criminal laws of Illinois.
26 (3.2) If a petition alleges commission by a minor 15
27 years of age or older of an act that constitutes a felony
28 under the laws of this State, and if a motion by a State's
29 Attorney to prosecute the minor under the criminal laws of
30 Illinois for the alleged felony alleges that (i) the minor
31 has previously been adjudicated delinquent for commission of
32 an act that constitutes a forcible felony under the laws of
33 this State or any other state and (ii) the act that
34 constitutes the offense was committed in furtherance of
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1 criminal activities by an organized gang, the Juvenile Judge
2 designated to hear and determine those motions shall, upon
3 determining that there is probable cause that both
4 allegations are true, enter an order permitting prosecution
5 under the criminal laws of Illinois.
6 (3.3) (a) If the State's Attorney files a motion under
7 subsection (3)(a) to permit prosecution under the criminal
8 laws and the petition alleges the commission by a minor 15
9 years of age or older of: (i) a Class X felony other than
10 armed violence; (ii) aggravated discharge of a firearm;
11 (iii) armed violence with a firearm when the predicate
12 offense is a Class 1 or Class 2 felony and the State's
13 Attorney's motion to transfer the case alleges that the
14 offense committed is in furtherance of the criminal
15 activities of an organized gang and the case is not required
16 to be prosecuted under the criminal laws of Illinois as
17 provided by subsection (3.1) or (3.2); (iv) armed violence
18 with a firearm when the predicate offense is a violation of
19 Section 401, subsection (a) of Section 402, Section 404,
20 Section 405, Section 405.1, subsection (a) of Section 405.2,
21 Section 407, Section 407.1, or Section 407.2 of the Illinois
22 Controlled Substances Act; or (v) armed violence when the
23 weapon involved was a machine gun or other weapon described
24 in subsection (a)(7) of Section 24-1 of the Criminal Code of
25 1961, and, if the juvenile judge designated to hear and
26 determine motions to transfer a case for prosecution in the
27 criminal court determines that there is probable cause to
28 believe that the allegations in the petition and motion are
29 true, there is a rebuttable presumption that the minor is not
30 a fit and proper subject to be dealt with under the Juvenile
31 Court Act of 1987, and that, except as provided in paragraph
32 (b), the case should be transferred to the criminal court.
33 (b) The judge shall enter an order permitting
34 prosecution under the criminal laws of Illinois unless the
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1 judge makes a finding based on evidence that the minor would
2 be amenable to the care, treatment, and training programs
3 available through the facilities of the juvenile court based
4 on an evaluation of the following:
5 (i) The circumstances and gravity of the
6 offense alleged to have been committed by the minor.
7 (ii) The age of the minor.
8 (iii) The degree of criminal sophistication
9 exhibited by the minor.
10 (iv) Whether there is a reasonable likelihood
11 that the minor can be rehabilitated before the
12 expiration of the juvenile court's jurisdiction.
13 (v) The minor's previous history of
14 delinquency.
15 (vi) Whether the offense was committed in an
16 aggressive, premeditated or calculated manner.
17 (vii) Whether there are sufficient facilities
18 available to the juvenile court for the treatment
19 and rehabilitation of the minor.
20 For purposes of subsections (3.1), (3.2), and (3.3)
21 "organized gang" has the meaning ascribed to it in Section 10
22 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
23 (4) Nothing in this Act prohibits or limits the
24 prosecution of any minor for an offense committed on or after
25 his or her 17th birthday even though he or she is at the time
26 of the offense a ward of the court.
27 (5) If an original petition for adjudication of wardship
28 alleges the commission by a minor 13 years of age or over of
29 an act that constitutes a crime under the laws of this State,
30 the minor, with the consent of his or her counsel, may, at
31 any time before commencement of the adjudicatory hearing,
32 file with the court a motion that criminal prosecution be
33 ordered and that the petition be dismissed insofar as the act
34 or acts involved in the criminal proceedings are concerned.
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1 If such a motion is filed as herein provided, the court shall
2 enter its order accordingly.
3 (6) (a) The definition of delinquent minor under Section
4 5-3 of this Act shall not apply to any minor who at the
5 time of an offense was at least 15 years of age and who
6 is charged with first degree murder, aggravated criminal
7 sexual assault, armed robbery when the armed robbery was
8 committed with a firearm, aggravated vehicular hijacking
9 when the hijacking was committed with a firearm, or
10 violation of the provisions of paragraph (1), (3), (4),
11 or (10) of subsection (a) of Section 24-1 of the Criminal
12 Code of 1961 while in the building or on the grounds of
13 any elementary or secondary school, community college,
14 college or university, or while in a public park, on the
15 real property comprising a public park, or on a public
16 way within 1,000 feet of the real property comprising a
17 public park. These charges and all other charges arising
18 out of the same incident shall be prosecuted under the
19 Criminal Code of 1961.
20 (b) If before trial or plea an information or
21 indictment is filed which does not charge an offense
22 specified in paragraph (a) of this subsection (6), the
23 State's Attorney may proceed on the lesser charge or
24 charges, but only in Juvenile Court under the other
25 provisions of this Act, unless before trial the minor
26 defendant knowingly and with advice of counsel waives, in
27 writing, his or her right to have the matter proceed in
28 Juvenile Court. If before trial or plea an information
29 or indictment is filed that includes one or more charges
30 specified in paragraph (a) of this subsection (6) and
31 additional charges that are not specified in that
32 paragraph, all of the charges arising out of the same
33 incident shall be prosecuted under the Criminal Code of
34 1961.
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1 (c) (i) If after trial or plea the minor is
2 convicted of any offense covered by paragraph (a) of
3 this subsection (6), then, in sentencing the minor,
4 the court shall have available any or all
5 dispositions prescribed for that offense under
6 Chapter V of the Unified Code of Corrections.
7 (ii) If after trial or plea the minor is only
8 convicted of an offense not covered by paragraph (a)
9 of this subsection (6), the conviction shall not
10 invalidate the verdict or the prosecution of the
11 minor under the criminal laws of the State; however,
12 unless the State requests a hearing for the purpose
13 of sentencing the minor under Chapter V of the
14 Unified Code of Corrections, the Court must proceed
15 under Sections 5-22 and 5-23 of this Act. Should
16 the State request a hearing it must do so by written
17 motion within 10 days following the entry of a
18 finding or the return of a verdict. Reasonable
19 notice of the motion shall be served upon the minor
20 or his counsel. If the motion is made by the State,
21 the court shall conduct a hearing to determine if
22 the request should be granted. In making its
23 determination on the motion, the court shall
24 consider among other matters: (a) whether there is
25 evidence that the offense was committed in an
26 aggressive and premeditated manner; (b) the age of
27 the minor; (c) the previous history of the minor;
28 (d) whether there are facilities particularly
29 available to the Juvenile Court or the Department of
30 Corrections, Juvenile Division, for the treatment
31 and rehabilitation of the minor; (e) whether the
32 best interest of the minor and the security of the
33 public require sentencing under Chapter V of the
34 Unified Code of Corrections; and (f) whether the
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1 minor possessed a deadly weapon when committing the
2 offense. The rules of evidence shall be the same as
3 if at trial. If after the hearing the court finds
4 that the minor should be sentenced under Chapter V
5 of the Unified Code of Corrections, then the court
6 shall sentence the minor accordingly having
7 available to it any or all dispositions so
8 prescribed.
9 (7) (a) The definition of delinquent minor under Section
10 5-3 of this Act shall not apply to any minor who at the
11 time of an offense was at least 15 years of age and who
12 is charged with an offense under Section 401 of the
13 Illinois Controlled Substances Act while in a school,
14 regardless of the time of day or the time of year, or any
15 conveyance owned, leased or contracted by a school to
16 transport students to or from school or a school related
17 activity, in a public park, on or residential property
18 owned, operated and managed by a public housing agency,
19 on the real property comprising any school, regardless of
20 the time of day or the time of year, on real property
21 comprising a public park, on or residential property
22 owned, operated and managed by a public housing agency,
23 or on a public way within 1,000 feet of the real property
24 comprising any school, regardless of the time of day or
25 the time of year, or a public park, or residential
26 property owned, operated and managed by a public housing
27 agency. School is defined, for the purposes of this
28 Section, as any public or private elementary or secondary
29 school, community college, college, or university. These
30 charges and all other charges arising out of the same
31 incident shall be prosecuted under the Illinois
32 Controlled Substances Act.
33 (b) If before trial or plea an information or
34 indictment is filed that does not charge an offense
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1 specified in paragraph (a) of this subsection (7), the
2 State's Attorney may proceed on the lesser charge or
3 charges, but only under the other provisions of this Act,
4 unless before trial the minor defendant knowingly and
5 with advice of counsel waives, in writing, his or her
6 right to have the matter proceed in Juvenile Court. If
7 before trial or plea an information or indictment is
8 filed that includes one or more charges specified in
9 paragraph (a) of this subsection (7) and additional
10 charges that are not specified in that paragraph, all of
11 the charges arising out of the same incident shall be
12 prosecuted under the Illinois Controlled Substances Act
13 or the Criminal Code of 1961.
14 (c) (i) If after trial or plea the minor is
15 convicted of any offense covered by paragraph (a) of
16 this subsection (7), then, in sentencing the minor
17 the court shall have available any or all
18 dispositions prescribed for that offense under
19 Chapter V of the Unified Code of Corrections.
20 (ii) If after trial or plea the minor is only
21 convicted of an offense not covered by paragraph (a)
22 of this subsection (7), the conviction shall not
23 invalidate the verdict or the prosecution of the
24 minor under the criminal laws of this State;
25 however, unless the State requests a hearing for the
26 purpose of sentencing the minor under Chapter V of
27 the Unified Code of Corrections, the court must
28 thereafter proceed under Sections 5-22 and 5-23 of
29 this Act. Should the State request a hearing it
30 must do so by written motion within 10 days
31 following the entry of a finding or the return of a
32 verdict. Reasonable notice of the motion shall be
33 served upon the minor or his counsel. If such a
34 motion is made by the State, the court shall conduct
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1 a hearing to determine if the request should be
2 granted. In making its determination on the motion,
3 the court shall consider among other matters: (a)
4 whether there is evidence that the offense was
5 committed in an aggressive and premeditated manner;
6 (b) the age of the minor; (c) the previous history
7 of the minor; (d) whether there are facilities
8 particularly available to the Juvenile Court or the
9 Department of Corrections, Juvenile Division, for
10 the treatment and rehabilitation of the minor; (e)
11 whether the best interest of the minor and the
12 security of the public require sentencing under
13 Chapter V of the Unified Code of Corrections; and
14 (f) whether the minor possessed a deadly weapon when
15 committing the offense. The rules of evidence shall
16 be the same as if at trial. If after the hearing
17 the court finds that the minor should be sentenced
18 under Chapter V of the Unified Code of Corrections,
19 then the court shall sentence the minor accordingly
20 having available to it any or all dispositions so
21 prescribed.
22 (8) (a) The definition of delinquent minor under Section
23 5-3 of this Act shall not apply to any minor who is
24 charged with a violation of subsection (a) of Section
25 31-6 or Section 32-10 of the Criminal Code of 1961 when
26 the minor is subject to prosecution under the Criminal
27 Code of 1961 as a result of the application of the
28 provisions of paragraph (a) of subsection (3); subsection
29 (5); paragraph (a) of subsection (6); or paragraph (a) of
30 subsection (7) of this Section. These charges and all
31 other charges arising out of the same incident shall be
32 prosecuted under the Criminal Code of 1961.
33 (b) If before trial or plea an information or
34 indictment is filed that does not charge an offense
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1 specified in paragraph (a) of this subsection (8), the
2 State's Attorney may proceed on the lesser charge or
3 charges, but only in Juvenile Court under the other
4 provisions of this Act, unless before trial the minor
5 defendant knowingly and with advice of counsel waives, in
6 writing, his or her right to have the matter proceed in
7 Juvenile Court. If before trial or plea an information
8 or indictment is filed that includes one or more charges
9 specified in paragraph (a) of this subsection (8) and
10 additional charges that are not specified in that
11 paragraph, all of the charges arising out of the same
12 incident shall be prosecuted under the Criminal Code of
13 1961.
14 (c) If after trial or plea the minor is only
15 convicted of an offense not covered by paragraph (a) of
16 this subsection (8), the conviction shall not invalidate
17 the verdict or the prosecution of the minor under the
18 criminal laws of this State; however, the court must
19 thereafter proceed under Sections 5-22 and 5-23 of this
20 Act. In all other circumstances, in sentencing the court
21 shall have available any or all dispositions prescribed
22 for that offense under Chapter V of the Unified Code of
23 Corrections.
24 (9) (a) The definition of delinquent minor under
25 Section 5-3 of this Act shall not apply to any minor who
26 at the time of an offense was at least 13 years of age
27 and who is charged with first degree murder committed
28 during the course of either aggravated criminal sexual
29 assault, criminal sexual assault, or aggravated
30 kidnaping. However, this subsection (9) does not include
31 a minor charged with first degree murder based
32 exclusively upon the accountability provisions of the
33 Criminal Code of 1961.
34 (b) If before trial or plea an information or
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1 indictment is filed which does not charge first degree
2 murder committed during the course of aggravated criminal
3 sexual assault, criminal sexual assault, or aggravated
4 kidnaping, the State's Attorney may proceed on the lesser
5 charge or charges, but only in Juvenile Court under the
6 other provisions of this Act, unless before trial the
7 minor defendant knowingly and with advice of counsel
8 waives, in writing, his or her right to have the matter
9 proceed in Juvenile Court. If before trial or plea an
10 information or indictment is filed that includes first
11 degree murder committed during the course of aggravated
12 criminal sexual assault, criminal sexual assault, or
13 aggravated kidnaping, as well as additional charges that
14 are not specified in that paragraph, all of the charges
15 arising out of the same incident shall be prosecuted
16 under the Criminal Code of 1961.
17 (c)(i) If after trial or plea the minor is
18 convicted of first degree murder committed during the
19 course of aggravated criminal sexual assault, criminal
20 sexual assault, or aggravated kidnaping, the court shall
21 have available any or all dispositions prescribed for
22 that offense under Chapter V of the Unified Code of
23 Corrections.
24 (ii) If the minor was not yet 15 years of age at
25 the time of the offense, and if after trial or plea the
26 minor is only convicted of an offense other than first
27 degree murder committed during the course of either
28 aggravated criminal sexual assault, criminal sexual
29 assault, or aggravated kidnaping, the conviction shall
30 not invalidate the verdict or the prosecution of the
31 minor under the criminal laws of the State; however,
32 unless the State requests a hearing for the purpose of
33 sentencing the minor under Chapter V of the Unified Code
34 of Corrections, the Court must proceed under Sections
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1 5-22 and 5-23 of this Act. Should the State request a
2 hearing it must do so by written motion within 10 days
3 following the entry of a finding or the return of a
4 verdict. Reasonable notice of the motion shall be served
5 upon the minor or his or her counsel. If the motion is
6 made by the State, the court shall conduct a hearing to
7 determine if the request should be granted. In making
8 its determination on the motion, the court shall consider
9 among other matters: (a) whether there is evidence that
10 the offense was committed in an aggressive and
11 premeditated manner; (b) the age of the minor; (c) the
12 previous history of the minor; (d) whether there are
13 facilities particularly available to the Juvenile Court
14 or the Department of Corrections, Juvenile Division, for
15 the treatment and rehabilitation of the minor; (e)
16 whether the best interest of the minor and the security
17 of the public require sentencing under Chapter V of the
18 Unified Code of Corrections; and (f) whether the minor
19 possessed a deadly weapon when committing the offense.
20 The rules of evidence shall be the same as if at trial.
21 If after the hearing the court finds that the minor
22 should be sentenced under Chapter V of the Unified Code
23 of Corrections, then the court shall sentence the minor
24 accordingly having available to it any or all
25 dispositions so prescribed.
26 (iii) If the minor was at least 15 years of age at
27 the time of the offense and if after trial or plea the
28 minor is only convicted of first degree murder but not of
29 aggravated criminal sexual assault, criminal sexual
30 assault, or aggravated kidnaping, the court shall have
31 available any or all dispositions prescribed for that
32 offense under Chapter V of the Unified Code of
33 Corrections.
34 (iv) If the minor was at least 15 years of age at
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1 the time of the offense and if after trial or plea the
2 minor is only convicted of aggravated criminal sexual
3 assault, criminal sexual assault, or aggravated
4 kidnaping, but not of first degree murder, the court
5 shall have available any or all dispositions prescribed
6 for that offense under Chapter V of the Unified Code of
7 Corrections.
8 (Source: P.A. 88-239; 88-467; 88-670, eff. 12-2-94; 88-680,
9 eff. 1-1-95; 89-235, eff. 8-4-95; 89-362, eff. 1-1-96;
10 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
11 6-27-96.)
12 Section 10. The Criminal Code of 1961 is amended by
13 changing Section 21.3-5 as follows:
14 (720 ILCS 5/21.3-5)
15 Sec. 21.3-5. Distributing or delivering written or
16 printed solicitation on school property or in a public park.
17 (a) Distributing or delivering written or printed
18 solicitation on school property, in a public park, on the
19 real property comprising a public park, or within 1,000 feet
20 of school property or on a public way within 1,000 feet of a
21 public park, for the purpose of inviting students of the
22 school or park patrons to any event when a significant
23 purpose of the event is to commit illegal acts or to solicit
24 attendees to commit illegal acts, or to be held in or around
25 abandoned buildings, is prohibited.
26 (b) A violation of this Section is a Class C
27 misdemeanor.
28 (c) For the purposes of this Section, "school property"
29 is defined as the buildings or grounds of any public or
30 private elementary or secondary school.
31 (d) The provisions of this Section are severable under
32 Section 1.31 of the Statute on Statutes.
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1 (Source: P.A. 88-357.)
2 Section 15. The Cannabis Control Act is amended by
3 changing Section 5.2 as follows:
4 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
5 Sec. 5.2. Delivery of cannabis on school or park
6 grounds.
7 (a) Any person who violates subsection (e) of Section 5
8 in any school or public park, on the real property comprising
9 any school or public park, or any conveyance owned, leased or
10 contracted by a school to transport students to or from
11 school or a school related activity, or on any public way
12 within 1,000 feet of the real property comprising any school
13 or public park, or any conveyance owned, leased or contracted
14 by a school to transport students to or from school or a
15 school related activity, is guilty of a Class 1 felony, the
16 fine for which shall not exceed $200,000;
17 (b) Any person who violates subsection (d) of Section 5
18 in any school or public park, on the real property comprising
19 any school or public park, or any conveyance owned, leased or
20 contracted by a school to transport students to or from
21 school or a school related activity, or on any public way
22 within 1,000 feet of the real property comprising any school
23 or public park, or any conveyance owned, leased or contracted
24 by a school to transport students to or from school or a
25 school related activity, is guilty of a Class 2 felony, the
26 fine for which shall not exceed $100,000;
27 (c) Any person who violates subsection (c) of Section 5
28 in any school or public park, on the real property comprising
29 any school or public park, or any conveyance owned, leased or
30 contracted by a school to transport students to or from
31 school or a school related activity, or on any public way
32 within 1,000 feet of the real property comprising any school
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1 or public park, or any conveyance owned, leased or contracted
2 by a school to transport students to or from school or a
3 school related activity, is guilty of a Class 3 felony, the
4 fine for which shall not exceed $50,000;
5 (d) Any person who violates subsection (b) of Section 5
6 in any school or public park, on the real property comprising
7 any school or public park, or any conveyance owned, leased or
8 contracted by a school to transport students to or from
9 school or a school related activity, or on any public way
10 within 1,000 feet of the real property comprising any school
11 or public park, or any conveyance owned, leased or contracted
12 by a school to transport students to or from school or a
13 school related activity, is guilty of a Class 4 felony, the
14 fine for which shall not exceed $25,000;
15 (e) Any person who violates subsection (a) of Section 5
16 in any school or public park, on the real property comprising
17 any school or public park, or any conveyance owned, leased or
18 contracted by a school to transport students to or from
19 school or a school related activity, on any public way within
20 1,000 feet of the real property comprising any school or
21 public park, or any conveyance owned, leased or contracted by
22 a school to transport students to or from school or a school
23 related activity, is guilty of a Class A misdemeanor.
24 (Source: P.A. 87-544.)
25 Section 20. The Unified Code of Corrections is amended
26 by changing Section 5-5-3.2 as follows:
27 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
28 Sec. 5-5-3.2. Factors in Aggravation.
29 (a) The following factors shall be accorded weight in
30 favor of imposing a term of imprisonment or may be considered
31 by the court as reasons to impose a more severe sentence
32 under Section 5-8-1:
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1 (1) the defendant's conduct caused or threatened
2 serious harm;
3 (2) the defendant received compensation for
4 committing the offense;
5 (3) the defendant has a history of prior
6 delinquency or criminal activity;
7 (4) the defendant, by the duties of his office or
8 by his position, was obliged to prevent the particular
9 offense committed or to bring the offenders committing it
10 to justice;
11 (5) the defendant held public office at the time of
12 the offense, and the offense related to the conduct of
13 that office;
14 (6) the defendant utilized his professional
15 reputation or position in the community to commit the
16 offense, or to afford him an easier means of committing
17 it;
18 (7) the sentence is necessary to deter others from
19 committing the same crime;
20 (8) the defendant committed the offense against a
21 person 60 years of age or older or such person's
22 property;
23 (9) the defendant committed the offense against a
24 person who is physically handicapped or such person's
25 property;
26 (10) by reason of another individual's actual or
27 perceived race, color, creed, religion, ancestry, gender,
28 sexual orientation, physical or mental disability, or
29 national origin, the defendant committed the offense
30 against (i) the person or property of that individual;
31 (ii) the person or property of a person who has an
32 association with, is married to, or has a friendship with
33 the other individual; or (iii) the person or property of
34 a relative (by blood or marriage) of a person described
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1 in clause (i) or (ii). For the purposes of this Section,
2 "sexual orientation" means heterosexuality,
3 homosexuality, or bisexuality;
4 (11) the offense took place in a place of worship
5 or on the grounds of a place of worship, immediately
6 prior to, during or immediately following worship
7 services. For purposes of this subparagraph, "place of
8 worship" shall mean any church, synagogue or other
9 building, structure or place used primarily for religious
10 worship;
11 (12) the defendant was convicted of a felony
12 committed while he was released on bail or his own
13 recognizance pending trial for a prior felony and was
14 convicted of such prior felony, or the defendant was
15 convicted of a felony committed while he was serving a
16 period of probation, conditional discharge, or mandatory
17 supervised release under subsection (d) of Section 5-8-1
18 for a prior felony;
19 (13) the defendant committed or attempted to commit
20 a felony while he was wearing a bulletproof vest. For
21 the purposes of this paragraph (13), a bulletproof vest
22 is any device which is designed for the purpose of
23 protecting the wearer from bullets, shot or other lethal
24 projectiles;
25 (14) the defendant held a position of trust or
26 supervision such as, but not limited to, family member as
27 defined in Section 12-12 of the Criminal Code of 1961,
28 teacher, scout leader, baby sitter, or day care worker,
29 in relation to a victim under 18 years of age, and the
30 defendant committed an offense in violation of Section
31 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
32 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
33 1961 against that victim;
34 (15) the defendant committed an offense related to
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1 the activities of an organized gang. For the purposes of
2 this factor, "organized gang" has the meaning ascribed to
3 it in Section 10 of the Streetgang Terrorism Omnibus
4 Prevention Act;
5 (16) the defendant committed an offense in
6 violation of one of the following Sections while in a
7 school, regardless of the time of day or time of year; in
8 a public park; on any conveyance owned, leased, or
9 contracted by a school to transport students to or from
10 school or a school related activity; on the real property
11 of a school; on the real property comprising a public
12 park; or on a public way within 1,000 feet of the real
13 property comprising any school or public park: Section
14 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
15 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6,
16 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
17 33A-2 of the Criminal Code of 1961.
18 For the purposes of this Section, "school" is defined as
19 a public or private elementary or secondary school, community
20 college, college, or university.
21 (b) The following factors may be considered by the court
22 as reasons to impose an extended term sentence under Section
23 5-8-2 upon any offender:
24 (1) When a defendant is convicted of any felony,
25 after having been previously convicted in Illinois or any
26 other jurisdiction of the same or similar class felony or
27 greater class felony, when such conviction has occurred
28 within 10 years after the previous conviction, excluding
29 time spent in custody, and such charges are separately
30 brought and tried and arise out of different series of
31 acts; or
32 (2) When a defendant is convicted of any felony and
33 the court finds that the offense was accompanied by
34 exceptionally brutal or heinous behavior indicative of
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1 wanton cruelty; or
2 (3) When a defendant is convicted of voluntary
3 manslaughter, second degree murder, involuntary
4 manslaughter or reckless homicide in which the defendant
5 has been convicted of causing the death of more than one
6 individual; or
7 (4) When a defendant is convicted of any felony
8 committed against:
9 (i) a person under 12 years of age at the time
10 of the offense or such person's property;
11 (ii) a person 60 years of age or older at the
12 time of the offense or such person's property; or
13 (iii) a person physically handicapped at the
14 time of the offense or such person's property; or
15 (5) In the case of a defendant convicted of
16 aggravated criminal sexual assault or criminal sexual
17 assault, when the court finds that aggravated criminal
18 sexual assault or criminal sexual assault was also
19 committed on the same victim by one or more other
20 individuals, and the defendant voluntarily participated
21 in the crime with the knowledge of the participation of
22 the others in the crime, and the commission of the crime
23 was part of a single course of conduct during which there
24 was no substantial change in the nature of the criminal
25 objective; or
26 (6) When a defendant is convicted of any felony and
27 the offense involved any of the following types of
28 specific misconduct committed as part of a ceremony,
29 rite, initiation, observance, performance, practice or
30 activity of any actual or ostensible religious,
31 fraternal, or social group:
32 (i) the brutalizing or torturing of humans or
33 animals;
34 (ii) the theft of human corpses;
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1 (iii) the kidnapping of humans;
2 (iv) the desecration of any cemetery,
3 religious, fraternal, business, governmental,
4 educational, or other building or property; or
5 (v) ritualized abuse of a child; or
6 (7) When a defendant is convicted of first degree
7 murder, after having been previously convicted in
8 Illinois of any offense listed under paragraph (c)(2) of
9 Section 5-5-3, when such conviction has occurred within
10 10 years after the previous conviction, excluding time
11 spent in custody, and such charges are separately brought
12 and tried and arise out of different series of acts; or
13 (8) When a defendant is convicted of a felony other
14 than conspiracy and the court finds that the felony was
15 committed under an agreement with 2 or more other persons
16 to commit that offense and the defendant, with respect to
17 the other individuals, occupied a position of organizer,
18 supervisor, financier, or any other position of
19 management or leadership, and the court further finds
20 that the felony committed was related to or in
21 furtherance of the criminal activities of an organized
22 gang or was motivated by the defendant's leadership in an
23 organized gang; or
24 (9) When a defendant is convicted of a felony
25 violation of Section 24-1 of the Criminal Code of 1961
26 and the court finds that the defendant is a member of an
27 organized gang.
28 (b-1) For the purposes of this Section, "organized gang"
29 has the meaning ascribed to it in Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (c) The court may impose an extended term sentence under
32 Section 5-8-2 upon any offender who was convicted of
33 aggravated criminal sexual assault where the victim was under
34 18 years of age at the time of the commission of the offense.
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1 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
2 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
3 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)