State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_HB0978eng

 
HB0978 Engrossed                               LRB9204513RCcd

 1        AN ACT in relation to 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
 5    by changing Section 5-5-3.2 as follows:

 6        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
 7        Sec. 5-5-3.2.  Factors in Aggravation.
 8        (a)  The  following  factors  shall be accorded weight in
 9    favor of imposing a term of imprisonment or may be considered
10    by the court as reasons to  impose  a  more  severe  sentence
11    under Section 5-8-1:
12             (1)  the  defendant's  conduct  caused or threatened
13        serious harm;
14             (2)  the   defendant   received   compensation   for
15        committing the offense;
16             (3)  the  defendant   has   a   history   of   prior
17        delinquency or criminal activity;
18             (4)  the  defendant,  by the duties of his office or
19        by his position, was obliged to  prevent  the  particular
20        offense committed or to bring the offenders committing it
21        to justice;
22             (5)  the defendant held public office at the time of
23        the  offense,  and  the offense related to the conduct of
24        that office;
25             (6)  the   defendant   utilized   his   professional
26        reputation or position in the  community  to  commit  the
27        offense,  or  to afford him an easier means of committing
28        it;
29             (7)  the sentence is necessary to deter others  from
30        committing the same crime;
31             (8)  the  defendant  committed the offense against a
 
HB0978 Engrossed            -2-                LRB9204513RCcd
 1        person  60  years  of  age  or  older  or  such  person's
 2        property;
 3             (9)  the defendant committed the offense  against  a
 4        person  who  is  physically  handicapped or such person's
 5        property;
 6             (10)  by reason of another  individual's  actual  or
 7        perceived race, color, creed, religion, ancestry, gender,
 8        sexual  orientation,  physical  or  mental disability, or
 9        national origin,  the  defendant  committed  the  offense
10        against  (i)  the  person or property of that individual;
11        (ii) the person or  property  of  a  person  who  has  an
12        association with, is married to, or has a friendship with
13        the  other individual; or (iii) the person or property of
14        a relative (by blood or marriage) of a  person  described
15        in clause (i) or (ii).  For the purposes of this Section,
16        "sexual      orientation"      means     heterosexuality,
17        homosexuality, or bisexuality;
18             (11)  the offense took place in a place  of  worship
19        or  on  the  grounds  of  a place of worship, immediately
20        prior  to,  during  or  immediately   following   worship
21        services.   For  purposes of this subparagraph, "place of
22        worship"  shall  mean  any  church,  synagogue  or  other
23        building, structure or place used primarily for religious
24        worship;
25             (12)  the  defendant  was  convicted  of  a   felony
26        committed  while  he  was  released  on  bail  or his own
27        recognizance pending trial for a  prior  felony  and  was
28        convicted  of  such  prior  felony,  or the defendant was
29        convicted of a felony committed while he  was  serving  a
30        period  of probation, conditional discharge, or mandatory
31        supervised release under subsection (d) of Section  5-8-1
32        for a prior felony;
33             (13)  the defendant committed or attempted to commit
34        a  felony  while  he was wearing a bulletproof vest.  For
 
HB0978 Engrossed            -3-                LRB9204513RCcd
 1        the purposes of this paragraph (13), a  bulletproof  vest
 2        is  any  device  which  is  designed  for  the purpose of
 3        protecting the wearer from bullets, shot or other  lethal
 4        projectiles;
 5             (14)  the  defendant  held  a  position  of trust or
 6        supervision such as, but not limited to, family member as
 7        defined in Section 12-12 of the Criminal  Code  of  1961,
 8        teacher,  scout  leader, baby sitter, or day care worker,
 9        in relation to a victim under 18 years of  age,  and  the
10        defendant  committed  an  offense in violation of Section
11        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
12        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
13        1961 against that victim;
14             (15)  the defendant committed an offense related  to
15        the activities of an organized gang.  For the purposes of
16        this factor, "organized gang" has the meaning ascribed to
17        it  in  Section  10  of  the Streetgang Terrorism Omnibus
18        Prevention Act;
19             (16)  the  defendant   committed   an   offense   in
20        violation  of  one  of  the following Sections while in a
21        school, regardless of the time of day or time of year; on
22        any conveyance owned, leased, or contracted by  a  school
23        to  transport  students  to  or  from  school or a school
24        related activity; on the real property of a school; or on
25        a public way within  1,000  feet  of  the  real  property
26        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
27        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
28        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
29        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
30        1961;
31             (16.5)  the  defendant  committed  an   offense   in
32        violation of one of the following Sections while in a day
33        care  center,  regardless  of  the time of day or time of
34        year;  on  the  real  property  of  a  day  care  center,
 
HB0978 Engrossed            -4-                LRB9204513RCcd
 1        regardless of the time of day or time of year;  or  on  a
 2        public  way  within  1,000  feet  of  the  real  property
 3        comprising any day care center, regardless of the time of
 4        day  or time of year:  Section 10-1, 10-2, 10-5, 11-15.1,
 5        11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2,  12-4,  12-4.1,
 6        12-4.2,  12-4.3,  12-6,  12-6.1,  12-13,  12-14, 12-14.1,
 7        12-15, 12-16, 18-2, or 33A-2  of  the  Criminal  Code  of
 8        1961;
 9             (17)  the  defendant committed the offense by reason
10        of  any  person's  activity  as  a   community   policing
11        volunteer  or  to  prevent  any  person  from engaging in
12        activity as a  community  policing  volunteer.   For  the
13        purpose  of  this Section, "community policing volunteer"
14        has the meaning ascribed to it in Section  2-3.5  of  the
15        Criminal Code of 1961;
16             (18)  the  defendant  committed  the  offense  in  a
17        nursing home or on the real property comprising a nursing
18        home.   For the purposes of this paragraph (18), "nursing
19        home" means a skilled nursing or intermediate  long  term
20        care  facility that is subject to license by the Illinois
21        Department of Public Health under the Nursing  Home  Care
22        Act; or
23             (19)  the defendant was a federally licensed firearm
24        dealer  and  was  previously  convicted of a violation of
25        subsection  (a)  of  Section  3  of  the  Firearm  Owners
26        Identification Card Act and has now  committed  either  a
27        felony  violation  of  the  Firearm Owners Identification
28        Card Act or an act of armed violence while armed  with  a
29        firearm.
30        For the purposes of this Section:
31        "School"  is defined as a public or private elementary or
32    secondary school, community college, college, or university.
33        "Day  care  center"  means  a  public  or  private  State
34    certified and licensed day care center as defined in  Section
 
HB0978 Engrossed            -5-                LRB9204513RCcd
 1    2.09  of  the  Child Care Act of 1969 that displays a sign in
 2    plain view stating that the property is a day care center.
 3        (b)  The following factors may be considered by the court
 4    as reasons to impose an extended term sentence under  Section
 5    5-8-2 upon any offender:
 6             (1)  When  a  defendant  is convicted of any felony,
 7        after having been previously convicted in Illinois or any
 8        other jurisdiction of the same or similar class felony or
 9        greater class felony, when such conviction  has  occurred
10        within  10 years after the previous conviction, excluding
11        time spent in custody, and such  charges  are  separately
12        brought  and  tried  and arise out of different series of
13        acts; or
14             (2)  When a defendant is convicted of any felony and
15        the court finds  that  the  offense  was  accompanied  by
16        exceptionally  brutal  or  heinous behavior indicative of
17        wanton cruelty; or
18             (3)  When a  defendant  is  convicted  of  voluntary
19        manslaughter,    second    degree   murder,   involuntary
20        manslaughter or reckless homicide in which the  defendant
21        has  been convicted of causing the death of more than one
22        individual; or
23             (4)  When a defendant is  convicted  of  any  felony
24        committed against:
25                  (i)  a person under 12 years of age at the time
26             of the offense or such person's property;
27                  (ii)  a  person 60 years of age or older at the
28             time of the offense or such person's property; or
29                  (iii)  a person physically handicapped  at  the
30             time of the offense or such person's property; or
31             (5)  In   the  case  of  a  defendant  convicted  of
32        aggravated criminal sexual  assault  or  criminal  sexual
33        assault,  when  the  court finds that aggravated criminal
34        sexual  assault  or  criminal  sexual  assault  was  also
 
HB0978 Engrossed            -6-                LRB9204513RCcd
 1        committed on  the  same  victim  by  one  or  more  other
 2        individuals,  and  the defendant voluntarily participated
 3        in the crime with the knowledge of the  participation  of
 4        the  others in the crime, and the commission of the crime
 5        was part of a single course of conduct during which there
 6        was no substantial change in the nature of  the  criminal
 7        objective; or
 8             (6)  When a defendant is convicted of any felony and
 9        the  offense  involved  any  of  the  following  types of
10        specific misconduct committed  as  part  of  a  ceremony,
11        rite,  initiation,  observance,  performance, practice or
12        activity  of  any   actual   or   ostensible   religious,
13        fraternal, or social group:
14                  (i)  the  brutalizing or torturing of humans or
15             animals;
16                  (ii)  the theft of human corpses;
17                  (iii)  the kidnapping of humans;
18                  (iv)  the   desecration   of   any    cemetery,
19             religious,    fraternal,   business,   governmental,
20             educational, or other building or property; or
21                  (v)  ritualized abuse of a child; or
22             (7)  When a defendant is convicted of  first  degree
23        murder,   after   having  been  previously  convicted  in
24        Illinois of any offense listed under paragraph (c)(2)  of
25        Section  5-5-3,  when such conviction has occurred within
26        10 years after the previous  conviction,  excluding  time
27        spent in custody, and such charges are separately brought
28        and tried and arise out of different series of acts; or
29             (8)  When a defendant is convicted of a felony other
30        than  conspiracy  and the court finds that the felony was
31        committed under an agreement with 2 or more other persons
32        to commit that offense and the defendant, with respect to
33        the other individuals, occupied a position of  organizer,
34        supervisor,   financier,   or   any   other  position  of
 
HB0978 Engrossed            -7-                LRB9204513RCcd
 1        management or leadership, and  the  court  further  finds
 2        that   the   felony   committed  was  related  to  or  in
 3        furtherance of the criminal activities  of  an  organized
 4        gang or was motivated by the defendant's leadership in an
 5        organized gang; or
 6             (9)  When  a  defendant  is  convicted  of  a felony
 7        violation of Section 24-1 of the Criminal  Code  of  1961
 8        and  the court finds that the defendant is a member of an
 9        organized gang; or
10             (10)  When a defendant committed the offense using a
11        firearm with a laser sight attached to it.  For  purposes
12        of  this  paragraph  (10),  "laser sight" has the meaning
13        ascribed to it in Section 24.6-5 of the Criminal Code  of
14        1961; or
15             (11)  When  a defendant who was at least 17 years of
16        age at the time of  the  commission  of  the  offense  is
17        convicted of a felony and has been previously adjudicated
18        a  delinquent  minor under the Juvenile Court Act of 1987
19        for an act that if committed by an adult would be a Class
20        X or Class 1 felony  when  the  conviction  has  occurred
21        within   10   years   after  the  previous  adjudication,
22        excluding time spent in custody; or.
23             (12)  When a defendant commits an offense  involving
24        the  illegal  manufacture of a controlled substance under
25        Section 401 of the Illinois Controlled Substances Act  or
26        the  illegal  possession  of  explosives and an emergency
27        response officer in the performance of his or her  duties
28        is  killed  or  injured at the scene of the offense while
29        responding to the emergency caused by the  commission  of
30        the offense. In this paragraph (12), "emergency"  means a
31        situation  in which a person's life, health, or safety is
32        in jeopardy; and "emergency  response  officer"  means  a
33        peace  officer,  community  policing  volunteer, fireman,
34        emergency medical technician-ambulance, emergency medical
 
HB0978 Engrossed            -8-                LRB9204513RCcd
 1        technician-intermediate,        emergency         medical
 2        technician-paramedic,  ambulance  driver,  other  medical
 3        assistance  or first aid personnel, or hospital emergency
 4        room personnel.
 5        (b-1)  For the purposes of this Section, "organized gang"
 6    has the meaning ascribed to it in Section 10 of the  Illinois
 7    Streetgang Terrorism Omnibus Prevention Act.
 8        (c)  The court may impose an extended term sentence under
 9    Section   5-8-2  upon  any  offender  who  was  convicted  of
10    aggravated criminal  sexual  assault  or  predatory  criminal
11    sexual  assault of a child under subsection (a)(1) of Section
12    12-14.1 of the Criminal Code of 1961  where  the  victim  was
13    under  18  years  of age at the time of the commission of the
14    offense.
15        (d)  The court may impose an extended term sentence under
16    Section 5-8-2 upon any offender who was convicted of unlawful
17    use of weapons under Section 24-1 of  the  Criminal  Code  of
18    1961   for   possessing   a   weapon   that  is  not  readily
19    distinguishable as one of the weapons enumerated  in  Section
20    24-1 of the Criminal Code of 1961.
21    (Source:  P.A.  90-14,  eff.  7-1-97;  90-651,  eff.  1-1-99;
22    90-686,  eff.  1-1-99;  91-119,  eff.  1-1-00;  91-120,  eff.
23    7-15-99;  91-252,  eff.  1-1-00; 91-267, eff. 1-1-00; 91-268,
24    eff. 1-1-00;  91-357,  eff.  7-29-99;  91-437,  eff.  1-1-00;
25    91-696, eff. 4-13-00.)

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