Sen. Jacqueline Y. Collins

Filed: 3/9/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 115

2     AMENDMENT NO. ______. Amend Senate Bill 115 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 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 favor
9 of imposing a term of imprisonment or may be considered by the
10 court as reasons to impose a more severe sentence under Section
11 5-8-1:
12         (1) the defendant's conduct caused or threatened
13     serious harm;
14         (2) the defendant received compensation for committing
15     the offense;
16         (3) the defendant has a history of prior delinquency or

 

 

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1     criminal activity;
2         (4) the defendant, by the duties of his office or by
3     his position, was obliged to prevent the particular offense
4     committed or to bring the offenders committing it to
5     justice;
6         (5) the defendant held public office at the time of the
7     offense, and the offense related to the conduct of that
8     office;
9         (6) the defendant utilized his professional reputation
10     or position in the community to commit the offense, or to
11     afford him an easier means of committing it;
12         (7) the sentence is necessary to deter others from
13     committing the same crime;
14         (8) the defendant committed the offense against a
15     person 60 years of age or older or such person's property;
16         (9) the defendant committed the offense against a
17     person who is physically handicapped or such person's
18     property;
19         (10) by reason of another individual's actual or
20     perceived race, color, creed, religion, ancestry, gender,
21     sexual orientation, physical or mental disability, or
22     national origin, the defendant committed the offense
23     against (i) the person or property of that individual; (ii)
24     the person or property of a person who has an association
25     with, is married to, or has a friendship with the other
26     individual; or (iii) the person or property of a relative

 

 

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1     (by blood or marriage) of a person described in clause (i)
2     or (ii). For the purposes of this Section, "sexual
3     orientation" means heterosexuality, homosexuality, or
4     bisexuality;
5         (11) the offense took place in a place of worship or on
6     the grounds of a place of worship, immediately prior to,
7     during or immediately following worship services. For
8     purposes of this subparagraph, "place of worship" shall
9     mean any church, synagogue or other building, structure or
10     place used primarily for religious worship;
11         (12) the defendant was convicted of a felony committed
12     while he was released on bail or his own recognizance
13     pending trial for a prior felony and was convicted of such
14     prior felony, or the defendant was convicted of a felony
15     committed while he was serving a period of probation,
16     conditional discharge, or mandatory supervised release
17     under subsection (d) of Section 5-8-1 for a prior felony;
18         (13) the defendant committed or attempted to commit a
19     felony while he was wearing a bulletproof vest. For the
20     purposes of this paragraph (13), a bulletproof vest is any
21     device which is designed for the purpose of protecting the
22     wearer from bullets, shot or other lethal projectiles;
23         (14) the defendant held a position of trust or
24     supervision such as, but not limited to, family member as
25     defined in Section 12-12 of the Criminal Code of 1961,
26     teacher, scout leader, baby sitter, or day care worker, in

 

 

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

 

 

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1     1,000 feet of the real property comprising any day care
2     center, regardless of the time of day or time of year:
3     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
4     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
6     33A-2 of the Criminal Code of 1961;
7         (17) the defendant committed the offense by reason of
8     any person's activity as a community policing volunteer or
9     to prevent any person from engaging in activity as a
10     community policing volunteer. For the purpose of this
11     Section, "community policing volunteer" has the meaning
12     ascribed to it in Section 2-3.5 of the Criminal Code of
13     1961;
14         (18) the defendant committed the offense in a nursing
15     home or on the real property comprising a nursing home. For
16     the purposes of this paragraph (18), "nursing home" means a
17     skilled nursing or intermediate long term care facility
18     that is subject to license by the Illinois Department of
19     Public Health under the Nursing Home Care Act;
20         (19) the defendant was a federally licensed firearm
21     dealer and was previously convicted of a violation of
22     subsection (a) of Section 3 of the Firearm Owners
23     Identification Card Act and has now committed either a
24     felony violation of the Firearm Owners Identification Card
25     Act or an act of armed violence while armed with a firearm;
26         (20) the defendant (i) committed the offense of

 

 

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1     reckless homicide under Section 9-3 of the Criminal Code of
2     1961 or the offense of driving under the influence of
3     alcohol, other drug or drugs, intoxicating compound or
4     compounds or any combination thereof under Section 11-501
5     of the Illinois Vehicle Code or a similar provision of a
6     local ordinance and (ii) was operating a motor vehicle in
7     excess of 20 miles per hour over the posted speed limit as
8     provided in Article VI of Chapter 11 of the Illinois
9     Vehicle Code; or
10         (21) the defendant (i) committed the offense of
11     reckless driving or aggravated reckless driving under
12     Section 11-503 of the Illinois Vehicle Code 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; or .
16         (22) the defendant committed the offense against a
17     member of the Armed Forces of the United States serving on
18     active duty. For purposes of this clause (22), the term
19     "Armed Forces" means any of the Armed Forces of the United
20     States, including a member of any reserve component thereof
21     or National Guard unit called to active duty.
22     For the purposes of this Section:
23     "School" is defined as a public or private elementary or
24 secondary school, community college, college, or university.
25     "Day care center" means a public or private State certified
26 and licensed day care center as defined in Section 2.09 of the

 

 

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1 Child Care Act of 1969 that displays a sign in plain view
2 stating that the property is a day care center.
3     (b) The following factors may be considered by the court as
4 reasons to impose an extended term sentence under Section 5-8-2
5 upon any offender:
6         (1) When a defendant is convicted of any felony, after
7     having been previously convicted in Illinois or any other
8     jurisdiction of the same or similar class felony or greater
9     class felony, when such conviction has occurred within 10
10     years after the previous conviction, excluding time spent
11     in custody, and such charges are separately brought and
12     tried and arise out of different series of acts; or
13         (2) When a defendant is convicted of any felony and the
14     court finds that the offense was accompanied by
15     exceptionally brutal or heinous behavior indicative of
16     wanton cruelty; or
17         (3) When a defendant is convicted of voluntary
18     manslaughter, second degree murder, involuntary
19     manslaughter or reckless homicide in which the defendant
20     has been convicted of causing the death of more than one
21     individual; or
22         (4) When a defendant is convicted of any felony
23     committed against:
24             (i) a person under 12 years of age at the time of
25         the offense or such person's property;
26             (ii) a person 60 years of age or older at the time

 

 

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1         of the offense or such person's property; or
2             (iii) a person physically handicapped at the time
3         of the offense or such person's property; or
4         (5) In the case of a defendant convicted of aggravated
5     criminal sexual assault or criminal sexual assault, when
6     the court finds that aggravated criminal sexual assault or
7     criminal sexual assault was also committed on the same
8     victim by one or more other individuals, and the defendant
9     voluntarily participated in the crime with the knowledge of
10     the participation of the others in the crime, and the
11     commission of the crime was part of a single course of
12     conduct during which there was no substantial change in the
13     nature of the criminal objective; or
14         (6) When a defendant is convicted of any felony and the
15     offense involved any of the following types of specific
16     misconduct committed as part of a ceremony, rite,
17     initiation, observance, performance, practice or activity
18     of any actual or ostensible religious, fraternal, or social
19     group:
20             (i) the brutalizing or torturing of humans or
21         animals;
22             (ii) the theft of human corpses;
23             (iii) the kidnapping of humans;
24             (iv) the desecration of any cemetery, religious,
25         fraternal, business, governmental, educational, or
26         other building or property; or

 

 

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1             (v) ritualized abuse of a child; or
2         (7) When a defendant is convicted of first degree
3     murder, after having been previously convicted in Illinois
4     of any offense listed under paragraph (c)(2) of Section
5     5-5-3, when such conviction has occurred within 10 years
6     after the previous conviction, excluding time spent in
7     custody, and such charges are separately brought and tried
8     and arise out of different series of acts; or
9         (8) 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         (9) When a defendant is convicted of a felony violation
20     of Section 24-1 of the Criminal Code of 1961 and the court
21     finds that the defendant is a member of an organized gang;
22     or
23         (10) When a defendant committed the offense using a
24     firearm with a laser sight attached to it. For purposes of
25     this paragraph (10), "laser sight" has the meaning ascribed
26     to it in Section 24.6-5 of the Criminal Code of 1961; or

 

 

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1         (11) When a defendant who was at least 17 years of age
2     at the time of the commission of the offense is convicted
3     of a felony and has been previously adjudicated a
4     delinquent minor under the Juvenile Court Act of 1987 for
5     an act that if committed by an adult would be a Class X or
6     Class 1 felony when the conviction has occurred within 10
7     years after the previous adjudication, excluding time
8     spent in custody; or
9         (12) When a defendant commits an offense involving the
10     illegal manufacture of a controlled substance under
11     Section 401 of the Illinois Controlled Substances Act, the
12     illegal manufacture of methamphetamine under Section 25 of
13     the Methamphetamine Control and Community Protection Act,
14     or the illegal possession of explosives and an emergency
15     response officer in the performance of his or her duties is
16     killed or injured at the scene of the offense while
17     responding to the emergency caused by the commission of the
18     offense. In this paragraph (12), "emergency" means a
19     situation in which a person's life, health, or safety is in
20     jeopardy; and "emergency response officer" means a peace
21     officer, community policing volunteer, fireman, emergency
22     medical technician-ambulance, emergency medical
23     technician-intermediate, emergency medical
24     technician-paramedic, ambulance driver, other medical
25     assistance or first aid personnel, or hospital emergency
26     room personnel; or

 

 

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1         (13) When a defendant commits any felony and the
2     defendant used, possessed, exercised control over, or
3     otherwise directed an animal to assault a law enforcement
4     officer engaged in the execution of his or her official
5     duties or in furtherance of the criminal activities of an
6     organized gang in which the defendant is engaged.
7     (b-1) For the purposes of this Section, "organized gang"
8 has the meaning ascribed to it in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act.
10     (c) The court may impose an extended term sentence under
11 Section 5-8-2 upon any offender who was convicted of aggravated
12 criminal sexual assault or predatory criminal sexual assault of
13 a child under subsection (a)(1) of Section 12-14.1 of the
14 Criminal Code of 1961 where the victim was under 18 years of
15 age at the time of the commission of the offense.
16     (d) The court may impose an extended term sentence under
17 Section 5-8-2 upon any offender who was convicted of unlawful
18 use of weapons under Section 24-1 of the Criminal Code of 1961
19 for possessing a weapon that is not readily distinguishable as
20 one of the weapons enumerated in Section 24-1 of the Criminal
21 Code of 1961.
22 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
23 eff. 9-11-05; 94-819, eff. 5-31-06.)".