101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2406

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3.2

    Amends the Unified Code of Corrections concerning factors in aggravation. Provides that if the defendant verbally indicated or demonstrated by his or her actions to the victim that he or she was presently armed with a firearm or other dangerous weapon, including, but not limited to, a knife, club, ax, or bludgeon even if the defendant did not possess a firearm or dangerous weapon when he or she committed the offense, including the possession of an air rifle, 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 serve sentence. Makes technical changes.


LRB101 06832 SLF 51861 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2406LRB101 06832 SLF 51861 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3.2 as follows:
 
6    (730 ILCS 5/5-5-3.2)
7    Sec. 5-5-3.2. Factors in aggravation and extended-term
8sentencing.
9    (a) The following factors shall be accorded weight in favor
10of imposing a term of imprisonment or may be considered by the
11court as reasons to impose a more severe sentence under Section
125-8-1 or Article 4.5 of Chapter V:
13        (1) the defendant's conduct caused or threatened
14    serious harm;
15        (2) the defendant received compensation for committing
16    the offense;
17        (3) the defendant has a history of prior delinquency or
18    criminal activity;
19        (4) the defendant, by the duties of his office or by
20    his position, was obliged to prevent the particular offense
21    committed or to bring the offenders committing it to
22    justice;
23        (5) the defendant held public office at the time of the

 

 

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1    offense, and the offense related to the conduct of that
2    office;
3        (6) the defendant utilized his professional reputation
4    or position in the community to commit the offense, or to
5    afford him an easier means of committing it;
6        (7) the sentence is necessary to deter others from
7    committing the same crime;
8        (8) the defendant committed the offense against a
9    person 60 years of age or older or such person's property;
10        (9) the defendant committed the offense against a
11    person who has a physical disability or such person's
12    property;
13        (10) by reason of another individual's actual or
14    perceived race, color, creed, religion, ancestry, gender,
15    sexual orientation, physical or mental disability, or
16    national origin, the defendant committed the offense
17    against (i) the person or property of that individual; (ii)
18    the person or property of a person who has an association
19    with, is married to, or has a friendship with the other
20    individual; or (iii) the person or property of a relative
21    (by blood or marriage) of a person described in clause (i)
22    or (ii). For the purposes of this Section, "sexual
23    orientation" has the meaning ascribed to it in paragraph
24    (O-1) of Section 1-103 of the Illinois Human Rights Act;
25        (11) the offense took place in a place of worship or on
26    the grounds of a place of worship, immediately prior to,

 

 

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1    during or immediately following worship services. For
2    purposes of this subparagraph, "place of worship" shall
3    mean any church, synagogue or other building, structure or
4    place used primarily for religious worship;
5        (12) the defendant was convicted of a felony committed
6    while he or she was released on bail or his or her own
7    recognizance pending trial for a prior felony and was
8    convicted of such prior felony, or the defendant was
9    convicted of a felony committed while he was serving a
10    period of probation, conditional discharge, or mandatory
11    supervised release under subsection (d) of Section 5-8-1
12    for a prior felony;
13        (13) the defendant committed or attempted to commit a
14    felony while he or she was wearing a bulletproof vest. For
15    the purposes of this paragraph (13), a bulletproof vest is
16    any device which is designed for the purpose of protecting
17    the wearer from bullets, shot or other lethal projectiles;
18        (14) the defendant held a position of trust or
19    supervision such as, but not limited to, family member as
20    defined in Section 11-0.1 of the Criminal Code of 2012,
21    teacher, scout leader, baby sitter, or day care worker, in
22    relation to a victim under 18 years of age, and the
23    defendant committed an offense in violation of Section
24    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
25    11-14.4 except for an offense that involves keeping a place
26    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

 

 

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1    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
2    or 12-16 of the Criminal Code of 1961 or the Criminal Code
3    of 2012 against that victim;
4        (15) the defendant committed an offense related to the
5    activities of an organized gang. For the purposes of this
6    factor, "organized gang" has the meaning ascribed to it in
7    Section 10 of the Streetgang Terrorism Omnibus Prevention
8    Act;
9        (16) the defendant committed an offense in violation of
10    one of the following Sections while in a school, regardless
11    of the time of day or time of year; on any conveyance
12    owned, leased, or contracted by a school to transport
13    students to or from school or a school related activity; on
14    the real property of a school; or on a public way within
15    1,000 feet of the real property comprising any school:
16    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
17    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
18    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
19    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20    18-2, or 33A-2, or Section 12-3.05 except for subdivision
21    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
22    Criminal Code of 2012;
23        (16.5) the defendant committed an offense in violation
24    of one of the following Sections while in a day care
25    center, regardless of the time of day or time of year; on
26    the real property of a day care center, regardless of the

 

 

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1    time of day or time of year; or on a public way within
2    1,000 feet of the real property comprising any day care
3    center, regardless of the time of day or time of year:
4    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8    18-2, or 33A-2, or Section 12-3.05 except for subdivision
9    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
10    Criminal Code of 2012;
11        (17) the defendant committed the offense by reason of
12    any person's activity as a community policing volunteer or
13    to prevent any person from engaging in activity as a
14    community policing volunteer. For the purpose of this
15    Section, "community policing volunteer" has the meaning
16    ascribed to it in Section 2-3.5 of the Criminal Code of
17    2012;
18        (18) the defendant committed the offense in a nursing
19    home or on the real property comprising a nursing home. For
20    the purposes of this paragraph (18), "nursing home" means a
21    skilled nursing or intermediate long term care facility
22    that is subject to license by the Illinois Department of
23    Public Health under the Nursing Home Care Act, the
24    Specialized Mental Health Rehabilitation Act of 2013, the
25    ID/DD Community Care Act, or the MC/DD Act;
26        (19) the defendant was a federally licensed firearm

 

 

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1    dealer and was previously convicted of a violation of
2    subsection (a) of Section 3 of the Firearm Owners
3    Identification Card Act and has now committed either a
4    felony violation of the Firearm Owners Identification Card
5    Act or an act of armed violence while armed with a firearm;
6        (20) the defendant (i) committed the offense of
7    reckless homicide under Section 9-3 of the Criminal Code of
8    1961 or the Criminal Code of 2012 or the offense of driving
9    under the influence of alcohol, other drug or drugs,
10    intoxicating compound or compounds or any combination
11    thereof under Section 11-501 of the Illinois Vehicle Code
12    or a similar provision of a local ordinance and (ii) was
13    operating a motor vehicle in excess of 20 miles per hour
14    over the posted speed limit as provided in Article VI of
15    Chapter 11 of the Illinois Vehicle Code;
16        (21) the defendant (i) committed the offense of
17    reckless driving or aggravated reckless driving under
18    Section 11-503 of the Illinois Vehicle Code and (ii) was
19    operating a motor vehicle in excess of 20 miles per hour
20    over the posted speed limit as provided in Article VI of
21    Chapter 11 of the Illinois Vehicle Code;
22        (22) the defendant committed the offense against a
23    person that the defendant knew, or reasonably should have
24    known, was a member of the Armed Forces of the United
25    States serving on active duty. For purposes of this clause
26    (22), the term "Armed Forces" means any of the Armed Forces

 

 

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1    of the United States, including a member of any reserve
2    component thereof or National Guard unit called to active
3    duty;
4        (23) the defendant committed the offense against a
5    person who was elderly or infirm or who was a person with a
6    disability by taking advantage of a family or fiduciary
7    relationship with the elderly or infirm person or person
8    with a disability;
9        (24) the defendant committed any offense under Section
10    11-20.1 of the Criminal Code of 1961 or the Criminal Code
11    of 2012 and possessed 100 or more images;
12        (25) the defendant committed the offense while the
13    defendant or the victim was in a train, bus, or other
14    vehicle used for public transportation;
15        (26) the defendant committed the offense of child
16    pornography or aggravated child pornography, specifically
17    including paragraph (1), (2), (3), (4), (5), or (7) of
18    subsection (a) of Section 11-20.1 of the Criminal Code of
19    1961 or the Criminal Code of 2012 where a child engaged in,
20    solicited for, depicted in, or posed in any act of sexual
21    penetration or bound, fettered, or subject to sadistic,
22    masochistic, or sadomasochistic abuse in a sexual context
23    and specifically including paragraph (1), (2), (3), (4),
24    (5), or (7) of subsection (a) of Section 11-20.1B or
25    Section 11-20.3 of the Criminal Code of 1961 where a child
26    engaged in, solicited for, depicted in, or posed in any act

 

 

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1    of sexual penetration or bound, fettered, or subject to
2    sadistic, masochistic, or sadomasochistic abuse in a
3    sexual context;
4        (27) the defendant committed the offense of first
5    degree murder, assault, aggravated assault, battery,
6    aggravated battery, robbery, armed robbery, or aggravated
7    robbery against a person who was a veteran and the
8    defendant knew, or reasonably should have known, that the
9    person was a veteran performing duties as a representative
10    of a veterans' organization. For the purposes of this
11    paragraph (27), "veteran" means an Illinois resident who
12    has served as a member of the United States Armed Forces, a
13    member of the Illinois National Guard, or a member of the
14    United States Reserve Forces; and "veterans' organization"
15    means an organization comprised of members of which
16    substantially all are individuals who are veterans or
17    spouses, widows, or widowers of veterans, the primary
18    purpose of which is to promote the welfare of its members
19    and to provide assistance to the general public in such a
20    way as to confer a public benefit;
21        (28) the defendant committed the offense of assault,
22    aggravated assault, battery, aggravated battery, robbery,
23    armed robbery, or aggravated robbery against a person that
24    the defendant knew or reasonably should have known was a
25    letter carrier or postal worker while that person was
26    performing his or her duties delivering mail for the United

 

 

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1    States Postal Service;
2        (29) the defendant committed the offense of criminal
3    sexual assault, aggravated criminal sexual assault,
4    criminal sexual abuse, or aggravated criminal sexual abuse
5    against a victim with an intellectual disability, and the
6    defendant holds a position of trust, authority, or
7    supervision in relation to the victim;
8        (30) the defendant committed the offense of promoting
9    juvenile prostitution, patronizing a prostitute, or
10    patronizing a minor engaged in prostitution and at the time
11    of the commission of the offense knew that the prostitute
12    or minor engaged in prostitution was in the custody or
13    guardianship of the Department of Children and Family
14    Services; or
15        (31) the defendant (i) committed the offense of driving
16    while under the influence of alcohol, other drug or drugs,
17    intoxicating compound or compounds or any combination
18    thereof in violation of Section 11-501 of the Illinois
19    Vehicle Code or a similar provision of a local ordinance
20    and (ii) the defendant during the commission of the offense
21    was driving his or her vehicle upon a roadway designated
22    for one-way traffic in the opposite direction of the
23    direction indicated by official traffic control devices;
24    or .
25        (32) the defendant verbally indicated or demonstrated
26    by his or her actions to the victim that he or she was

 

 

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1    presently armed with a firearm or other dangerous weapon,
2    including, but not limited to, a knife, club, ax, or
3    bludgeon even if it that the defendant did not possess a
4    firearm or dangerous weapon when he or she committed the
5    offense, including the possession of an air rifle as
6    defined in Section 24.8-0.1 of the Criminal Code of 2012.
7    In For the purposes of this Section:
8    "School" is defined as a public or private elementary or
9secondary school, community college, college, or university.
10    "Day care center" means a public or private State certified
11and licensed day care center as defined in Section 2.09 of the
12Child Care Act of 1969 that displays a sign in plain view
13stating that the property is a day care center.
14    "Intellectual disability" means significantly subaverage
15intellectual functioning which exists concurrently with
16impairment in adaptive behavior.
17    "Public transportation" means the transportation or
18conveyance of persons by means available to the general public,
19and includes paratransit services.
20    "Traffic control devices" means all signs, signals,
21markings, and devices that conform to the Illinois Manual on
22Uniform Traffic Control Devices, placed or erected by authority
23of a public body or official having jurisdiction, for the
24purpose of regulating, warning, or guiding traffic.
25    (b) The following factors, related to all felonies, may be
26considered by the court as reasons to impose an extended term

 

 

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1sentence under Section 5-8-2 upon any offender:
2        (1) When a defendant is convicted of any felony, after
3    having been previously convicted in Illinois or any other
4    jurisdiction of the same or similar class felony or greater
5    class felony, when such conviction has occurred within 10
6    years after the previous conviction, excluding time spent
7    in custody, and such charges are separately brought and
8    tried and arise out of different series of acts; or
9        (2) When a defendant is convicted of any felony and the
10    court finds that the offense was accompanied by
11    exceptionally brutal or heinous behavior indicative of
12    wanton cruelty; or
13        (3) When a defendant is convicted of any felony
14    committed against:
15            (i) a person under 12 years of age at the time of
16        the offense or such person's property;
17            (ii) a person 60 years of age or older at the time
18        of the offense or such person's property; or
19            (iii) a person who had a physical disability at the
20        time of the offense or such person's property; or
21        (4) When a defendant is convicted of any felony and the
22    offense involved any of the following types of specific
23    misconduct committed as part of a ceremony, rite,
24    initiation, observance, performance, practice or activity
25    of any actual or ostensible religious, fraternal, or social
26    group:

 

 

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1            (i) the brutalizing or torturing of humans or
2        animals;
3            (ii) the theft of human corpses;
4            (iii) the kidnapping of humans;
5            (iv) the desecration of any cemetery, religious,
6        fraternal, business, governmental, educational, or
7        other building or property; or
8            (v) ritualized abuse of a child; or
9        (5) When a defendant is convicted of a felony other
10    than conspiracy and the court finds that the felony was
11    committed under an agreement with 2 or more other persons
12    to commit that offense and the defendant, with respect to
13    the other individuals, occupied a position of organizer,
14    supervisor, financier, or any other position of management
15    or leadership, and the court further finds that the felony
16    committed was related to or in furtherance of the criminal
17    activities of an organized gang or was motivated by the
18    defendant's leadership in an organized gang; or
19        (6) When a defendant is convicted of an offense
20    committed while using a firearm with a laser sight attached
21    to it. In this paragraph (6) For purposes of this
22    paragraph, "laser sight" has the meaning ascribed to it in
23    Section 26-7 of the Criminal Code of 2012; or
24        (7) When a defendant who was at least 17 years of age
25    at the time of the commission of the offense is convicted
26    of a felony and has been previously adjudicated a

 

 

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1    delinquent minor under the Juvenile Court Act of 1987 for
2    an act that if committed by an adult would be a Class X or
3    Class 1 felony when the conviction has occurred within 10
4    years after the previous adjudication, excluding time
5    spent in custody; or
6        (8) When a defendant commits any felony and the
7    defendant used, possessed, exercised control over, or
8    otherwise directed an animal to assault a law enforcement
9    officer engaged in the execution of his or her official
10    duties or in furtherance of the criminal activities of an
11    organized gang in which the defendant is engaged; or
12        (9) When a defendant commits any felony and the
13    defendant knowingly video or audio records the offense with
14    the intent to disseminate the recording.
15    (c) The following factors may be considered by the court as
16reasons to impose an extended term sentence under Section 5-8-2
17(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
18        (1) When a defendant is convicted of first degree
19    murder, after having been previously convicted in Illinois
20    of any offense listed under paragraph (c)(2) of Section
21    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
22    within 10 years after the previous conviction, excluding
23    time spent in custody, and the charges are separately
24    brought and tried and arise out of different series of
25    acts.
26        (1.5) When a defendant is convicted of first degree

 

 

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1    murder, after having been previously convicted of domestic
2    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
3    (720 ILCS 5/12-3.3) committed on the same victim or after
4    having been previously convicted of violation of an order
5    of protection (720 ILCS 5/12-30) in which the same victim
6    was the protected person.
7        (2) When a defendant is convicted of voluntary
8    manslaughter, second degree murder, involuntary
9    manslaughter, or reckless homicide in which the defendant
10    has been convicted of causing the death of more than one
11    individual.
12        (3) When a defendant is convicted of aggravated
13    criminal sexual assault or criminal sexual assault, when
14    there is a finding that aggravated criminal sexual assault
15    or criminal sexual assault was also committed on the same
16    victim by one or more other individuals, and the defendant
17    voluntarily participated in the crime with the knowledge of
18    the participation of the others in the crime, and the
19    commission of the crime was part of a single course of
20    conduct during which there was no substantial change in the
21    nature of the criminal objective.
22        (4) If the victim was under 18 years of age at the time
23    of the commission of the offense, when a defendant is
24    convicted of aggravated criminal sexual assault or
25    predatory criminal sexual assault of a child under
26    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

 

 

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1    of Section 12-14.1 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
3        (5) When a defendant is convicted of a felony violation
4    of Section 24-1 of the Criminal Code of 1961 or the
5    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
6    finding that the defendant is a member of an organized
7    gang.
8        (6) When a defendant was convicted of unlawful use of
9    weapons under Section 24-1 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
11    a weapon that is not readily distinguishable as one of the
12    weapons enumerated in Section 24-1 of the Criminal Code of
13    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
14        (7) When a defendant is convicted of an offense
15    involving the illegal manufacture of a controlled
16    substance under Section 401 of the Illinois Controlled
17    Substances Act (720 ILCS 570/401), the illegal manufacture
18    of methamphetamine under Section 25 of the Methamphetamine
19    Control and Community Protection Act (720 ILCS 646/25), or
20    the illegal possession of explosives and an emergency
21    response officer in the performance of his or her duties is
22    killed or injured at the scene of the offense while
23    responding to the emergency caused by the commission of the
24    offense. In this paragraph, "emergency" means a situation
25    in which a person's life, health, or safety is in jeopardy;
26    and "emergency response officer" means a peace officer,

 

 

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1    community policing volunteer, fireman, emergency medical
2    technician-ambulance, emergency medical
3    technician-intermediate, emergency medical
4    technician-paramedic, ambulance driver, other medical
5    assistance or first aid personnel, or hospital emergency
6    room personnel.
7        (8) When the defendant is convicted of attempted mob
8    action, solicitation to commit mob action, or conspiracy to
9    commit mob action under Section 8-1, 8-2, or 8-4 of the
10    Criminal Code of 2012, where the criminal object is a
11    violation of Section 25-1 of the Criminal Code of 2012, and
12    an electronic communication is used in the commission of
13    the offense. In For the purposes of this paragraph (8),
14    "electronic communication" shall have the meaning provided
15    in Section 26.5-0.1 of the Criminal Code of 2012.
16    (d) In For the purposes of this Section, "organized gang"
17has the meaning ascribed to it in Section 10 of the Illinois
18Streetgang Terrorism Omnibus Prevention Act.
19    (e) The court may impose an extended term sentence under
20Article 4.5 of Chapter V upon an offender who has been
21convicted of a felony violation of Section 11-1.20, 11-1.30,
2211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
24when the victim of the offense is under 18 years of age at the
25time of the commission of the offense and, during the
26commission of the offense, the victim was under the influence

 

 

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1of alcohol, regardless of whether or not the alcohol was
2supplied by the offender; and the offender, at the time of the
3commission of the offense, knew or should have known that the
4victim had consumed alcohol.
5(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180,
6eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642,
7eff. 7-28-16; 100-1053, eff. 1-1-19.)