Public Act 096-1228
 
HB4738 EnrolledLRB096 15978 RLC 31223 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
 
    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
    (Text of Section after amendment by P.A. 96-339)
    Sec. 5-5-3.2. Factors in Aggravation.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
    against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act or the MR/DD
    Community Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person; or
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 and possessed 100 or
    more images; or
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation; .
        (26) (25) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context and specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.3 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context; or .
        (27) the defendant committed the offense of first
    degree murder, assault, aggravated assault, battery,
    aggravated battery, robbery, armed robbery, or aggravated
    robbery against a person who was a veteran and the
    defendant knew, or reasonably should have known, that the
    person was a veteran performing duties as a representative
    of a veterans' organization. For the purposes of this
    paragraph (27), "veteran" means an Illinois resident who
    has served as a member of the United States Armed Forces, a
    member of the Illinois National Guard, or a member of the
    United States Reserve Forces; and "veterans' organization"
    means an organization comprised of members of which
    substantially all are individuals who are veterans or
    spouses, widows, or widowers of veterans, the primary
    purpose of which is to promote the welfare of its members
    and to provide assistance to the general public in such a
    way as to confer a public benefit.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 24.6-5 of the
    Criminal Code of 1961; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 12-14.1 of the Criminal Code
    of 1961 (720 ILCS 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1) and there is a finding that the defendant is a
    member of an organized gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961
    (720 ILCS 5/24-1) for possessing a weapon that is not
    readily distinguishable as one of the weapons enumerated in
    Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)

Effective Date: 1/1/2011