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Public Act 099-0283 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-5-3.2 as follows:
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(730 ILCS 5/5-5-3.2)
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Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||
Sentencing.
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(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:
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(1) the defendant's conduct caused or threatened | ||||
serious harm;
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(2) the defendant received compensation for committing | ||||
the offense;
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(3) the defendant has a history of prior delinquency or | ||||
criminal activity;
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(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;
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(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that | ||
office;
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(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;
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(7) the sentence is necessary to deter others from | ||
committing
the same crime;
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(8) the defendant committed the offense against a | ||
person 60 years of age
or older or such person's property;
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(9) the defendant committed the offense against a | ||
person who is
physically handicapped or such person's | ||
property;
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(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;
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(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
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place used primarily for religious worship;
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(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,
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conditional discharge, or mandatory supervised release | ||
under subsection (d)
of Section 5-8-1
for a prior felony;
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(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;
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(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 11-0.1 of the Criminal Code
of 2012, | ||
teacher, scout leader, baby sitter, or day care worker, in
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relation to a victim under 18 years of age, and the | ||
defendant committed an
offense in violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||
11-14.4 except for an offense that involves keeping a place | ||
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
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11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012
against
that victim;
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(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;
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(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
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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, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
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11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||
Criminal Code of 2012;
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(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:
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Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012;
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(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 | ||
2012;
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(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, the | ||
Specialized Mental Health Rehabilitation Act of 2013, or | ||
the ID/DD Community Care Act;
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(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 Criminal Code of 2012 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;
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(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;
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(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;
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(24)
the defendant committed any offense under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 and possessed 100 or more images;
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(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) 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 or the Criminal Code of 2012 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 11-20.1B or | ||
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; | ||
(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; or | ||
(28) the defendant committed the offense of assault, | ||
aggravated assault, battery, aggravated battery, robbery, | ||
armed robbery, or aggravated robbery against a person that | ||
the defendant knew or reasonably should have known was a | ||
letter carrier or postal worker while that person was | ||
performing his or her duties delivering mail for the United | ||
States Postal Service ; or | ||
(29) the defendant committed the offense of criminal |
sexual assault, aggravated criminal sexual assault, | ||
criminal sexual abuse, or aggravated criminal sexual abuse | ||
against a victim with an intellectual disability, and the | ||
defendant holds a position of trust, authority, or | ||
supervision in relation to the victim . | ||
For the purposes of this Section:
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"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
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"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.
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"Intellectual disability" means significantly subaverage | ||
intellectual functioning which exists concurrently
with | ||
impairment in adaptive behavior. | ||
"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:
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(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
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(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
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(3) When a defendant is convicted of any felony | ||
committed against:
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(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
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(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
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(iii) a person physically handicapped at the time | ||
of the offense or
such person's property; or
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(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:
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(i) the brutalizing or torturing of humans or | ||
animals;
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(ii) the theft of human corpses;
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(iii) the kidnapping of humans;
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(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or |
other building or property; or
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(v) ritualized abuse of a child; or
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(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
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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
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activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
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(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 26-7 of the Criminal | ||
Code of
2012; or
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(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
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(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; or
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(9) When a defendant commits any felony and the | ||
defendant knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(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 11-1.40 or subsection (a)(1) | ||
of Section 12-14.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||
(5) When a defendant is convicted of a felony violation | ||
of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (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 or | ||
the Criminal Code of 2012 (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 or the Criminal Code of 2012 (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.
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(8) When the defendant is convicted of attempted mob | ||
action, solicitation to commit mob action, or conspiracy to | ||
commit mob action under Section 8-1, 8-2, or 8-4 of the | ||
Criminal Code of 2012, where the criminal object is a | ||
violation of Section 25-1 of the Criminal Code of 2012, and | ||
an electronic communication is used in the commission of | ||
the offense. For the purposes of this paragraph (8), | ||
"electronic communication" shall have the meaning provided | ||
in Section 26.5-0.1 of the Criminal Code of 2012. | ||
(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.
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(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
when the victim of the offense is under 18 years of age at the | ||
time of the commission of the offense and, during the | ||
commission of the offense, the victim was under the influence | ||
of alcohol, regardless of whether or not the alcohol was | ||
supplied by the offender; and the offender, at the time of the | ||
commission of the offense, knew or should have known that the | ||
victim had consumed alcohol. | ||
(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | ||
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; |
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | ||
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. | ||
7-16-14.)
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