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Public Act 91-0268
SB395 Enrolled LRB9101610RCks
AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-3.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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)
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:
(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.
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.
(b) The following factors 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 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; or
(4) 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
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds 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; or
(6) 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
(7) 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, 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
(8) 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
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang.
(b-1) 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.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(d) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of the Criminal Code of
1961 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.
(Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff.
1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)
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