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1 | AN ACT in relation to criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing
Section 5-5-3.2 as follows:
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6 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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7 | Sec. 5-5-3.2. Factors in Aggravation.
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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:
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12 | (1) the defendant's conduct caused or threatened | ||||||||||||||||||||||||
13 | serious harm;
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14 | (2) the defendant received compensation for committing | ||||||||||||||||||||||||
15 | the offense;
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16 | (3) the defendant has a history of prior delinquency or | ||||||||||||||||||||||||
17 | criminal activity;
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18 | (4) the defendant, by the duties of his office or by | ||||||||||||||||||||||||
19 | his position,
was obliged to prevent the particular offense | ||||||||||||||||||||||||
20 | committed or to bring
the offenders committing it to | ||||||||||||||||||||||||
21 | justice;
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22 | (5) the defendant held public office at the time of the | ||||||||||||||||||||||||
23 | offense,
and the offense related to the conduct of that | ||||||||||||||||||||||||
24 | office;
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25 | (6) the defendant utilized his professional reputation | ||||||||||||||||||||||||
26 | or
position in the community to commit the offense, or to | ||||||||||||||||||||||||
27 | afford
him an easier means of committing it;
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28 | (7) the sentence is necessary to deter others from | ||||||||||||||||||||||||
29 | committing
the same crime;
| ||||||||||||||||||||||||
30 | (8) the defendant committed the offense against a | ||||||||||||||||||||||||
31 | person 60 years of age
or older or such person's property;
| ||||||||||||||||||||||||
32 | (9) the defendant committed the offense against a |
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1 | person who is
physically handicapped or such person's | ||||||
2 | property;
| ||||||
3 | (10) by reason of another individual's actual or | ||||||
4 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
5 | sexual orientation, physical or mental
disability, or | ||||||
6 | national origin, the defendant committed the offense | ||||||
7 | against (i)
the person or property
of that individual; (ii) | ||||||
8 | the person or property of a person who has an
association | ||||||
9 | with, is married to, or has a friendship with the other | ||||||
10 | individual;
or (iii) the person or property of a relative | ||||||
11 | (by blood or marriage) of a
person described in clause (i) | ||||||
12 | or (ii). For the purposes of this Section,
"sexual | ||||||
13 | orientation" means heterosexuality, homosexuality, or | ||||||
14 | bisexuality;
| ||||||
15 | (11) the offense took place in a place of worship or on | ||||||
16 | the
grounds of a place of worship, immediately prior to, | ||||||
17 | during or immediately
following worship services. For | ||||||
18 | purposes of this subparagraph, "place of
worship" shall | ||||||
19 | mean any church, synagogue or other building, structure or
| ||||||
20 | place used primarily for religious worship;
| ||||||
21 | (12) the defendant was convicted of a felony committed | ||||||
22 | while he was
released on bail or his own recognizance | ||||||
23 | pending trial for a prior felony
and was convicted of such | ||||||
24 | prior felony, or the defendant was convicted of a
felony | ||||||
25 | committed while he was serving a period of probation,
| ||||||
26 | conditional discharge, or mandatory supervised release | ||||||
27 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
28 | (13) the defendant committed or attempted to commit a | ||||||
29 | felony while he
was wearing a bulletproof vest. For the | ||||||
30 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
31 | device which is designed for the purpose of
protecting the | ||||||
32 | wearer from bullets, shot or other lethal projectiles;
| ||||||
33 | (14) the defendant held a position of trust or | ||||||
34 | supervision such as, but
not limited to, family member as | ||||||
35 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
36 | 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 | ||||||
27 | 1,000 feet of the real property comprising any day care | ||||||
28 | center,
regardless of the time of day or time of year:
| ||||||
29 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
30 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
31 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
32 | 33A-2 of the Criminal
Code of 1961;
| ||||||
33 | (17) the defendant committed the offense by reason of | ||||||
34 | any person's
activity as a community policing volunteer or | ||||||
35 | to prevent any person from
engaging in activity as a | ||||||
36 | community policing volunteer. For the purpose of
this |
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| |||||||
1 | Section, "community policing volunteer" has the meaning | ||||||
2 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
3 | 1961;
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4 | (18) the defendant committed the offense in a nursing | ||||||
5 | home or on the
real
property comprising a nursing home. For | ||||||
6 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
7 | skilled nursing
or intermediate long term care facility | ||||||
8 | that is subject to license by the
Illinois Department of | ||||||
9 | Public Health under the Nursing Home Care
Act; or
| ||||||
10 | (19) the defendant was a federally licensed firearm | ||||||
11 | dealer
and
was
previously convicted of a violation of | ||||||
12 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
13 | Identification Card Act and has now committed either a | ||||||
14 | felony
violation
of the Firearm Owners Identification Card | ||||||
15 | Act or an act of armed violence while
armed
with a firearm.
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16 | For the purposes of this Section:
| ||||||
17 | "School" is defined as a public or private
elementary or | ||||||
18 | secondary school, community college, college, or university.
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19 | "Day care center" means a public or private State certified | ||||||
20 | and
licensed day care center as defined in Section 2.09 of the | ||||||
21 | Child Care Act of
1969 that displays a sign in plain view | ||||||
22 | stating that the
property is a day care center.
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23 | (b) The following factors may be considered by the court as
| ||||||
24 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
25 | upon any offender:
| ||||||
26 | (1) When a defendant is convicted of any felony, after | ||||||
27 | having
been previously convicted in Illinois or any other | ||||||
28 | jurisdiction of the
same or similar class felony or greater | ||||||
29 | class felony, when such conviction
has occurred within 10 | ||||||
30 | years after the
previous conviction, excluding time spent | ||||||
31 | in custody, and such charges are
separately brought and | ||||||
32 | tried and arise out of different series of acts; or
| ||||||
33 | (2) When a defendant is convicted of any felony and the | ||||||
34 | court
finds that the offense was accompanied by | ||||||
35 | exceptionally brutal
or heinous behavior indicative of | ||||||
36 | wanton cruelty; or
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1 | (3) When a defendant is convicted of voluntary | ||||||
2 | manslaughter, second
degree murder, involuntary | ||||||
3 | manslaughter or reckless homicide in which the
defendant | ||||||
4 | has been convicted of causing the death of more than one | ||||||
5 | individual; or
| ||||||
6 | (4) When a defendant is convicted of any felony | ||||||
7 | committed against:
| ||||||
8 | (i) a person under 12 years of age at the time of | ||||||
9 | the offense or such
person's property;
| ||||||
10 | (ii) a person 60 years of age or older at the time | ||||||
11 | of the offense or
such person's property; or
| ||||||
12 | (iii) a person physically handicapped at the time | ||||||
13 | of the offense or
such person's property; or
| ||||||
14 | (5) In the case of a defendant convicted of aggravated | ||||||
15 | criminal sexual
assault or criminal sexual assault, when | ||||||
16 | the court finds that
aggravated criminal sexual assault or | ||||||
17 | criminal sexual assault
was also committed on the same | ||||||
18 | victim by one or more other individuals,
and the defendant | ||||||
19 | voluntarily participated in the crime with the knowledge
of | ||||||
20 | the participation of the others in the crime, and the | ||||||
21 | commission of the
crime was part of a single course of | ||||||
22 | conduct during which there was no
substantial change in the | ||||||
23 | nature of the criminal objective; or
| ||||||
24 | (6) When a defendant is convicted of any felony and the | ||||||
25 | offense
involved any of the following types of specific | ||||||
26 | misconduct committed as
part of a ceremony, rite, | ||||||
27 | initiation, observance, performance, practice or
activity | ||||||
28 | of any actual or ostensible religious, fraternal, or social | ||||||
29 | group:
| ||||||
30 | (i) the brutalizing or torturing of humans or | ||||||
31 | animals;
| ||||||
32 | (ii) the theft of human corpses;
| ||||||
33 | (iii) the kidnapping of humans;
| ||||||
34 | (iv) the desecration of any cemetery, religious, | ||||||
35 | fraternal, business,
governmental, educational, or | ||||||
36 | other building or property; or
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1 | (v) ritualized abuse of a child; or
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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
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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
| ||||||
27 | (11) When a defendant who was at least 17 years of age | ||||||
28 | at the
time of
the commission of the offense is convicted | ||||||
29 | of a felony and has been previously
adjudicated a | ||||||
30 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
31 | an act
that if committed by an adult would be a Class X or | ||||||
32 | Class 1 felony when the
conviction has occurred within 10 | ||||||
33 | years after the previous adjudication,
excluding time | ||||||
34 | spent in custody; or
| ||||||
35 | (12) When a defendant commits an offense involving the | ||||||
36 | illegal
manufacture of a controlled substance under |
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1 | Section 401 of the Illinois
Controlled Substances Act or | ||||||
2 | the illegal possession of explosives and an
emergency | ||||||
3 | response
officer in
the performance of his or her duties is
| ||||||
4 | killed or injured at the scene of the offense while | ||||||
5 | responding to the
emergency caused by the commission of the | ||||||
6 | offense.
In this paragraph (12),
"emergency" means a | ||||||
7 | situation in which a person's life, health, or safety is
in | ||||||
8 | jeopardy; and
"emergency response officer" means a peace | ||||||
9 | officer, community policing
volunteer, fireman, emergency | ||||||
10 | medical
technician-ambulance, emergency medical | ||||||
11 | technician-intermediate, emergency
medical | ||||||
12 | technician-paramedic, ambulance
driver, other medical | ||||||
13 | assistance or first aid personnel, or hospital emergency
| ||||||
14 | room personnel.
| ||||||
15 | (b-1) For the purposes of this Section, "organized gang" | ||||||
16 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
17 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
18 | (c) The court may impose an extended term sentence under | ||||||
19 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
20 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
21 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
22 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
23 | age at the time of the commission
of the offense.
| ||||||
24 | (d) The court may impose an extended term sentence under | ||||||
25 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
26 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
27 | for possessing a weapon that is not readily
distinguishable as | ||||||
28 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
29 | Code of 1961.
| ||||||
30 | (e) The court may impose an extended term sentence under | ||||||
31 | Section 5-8-2
upon an offender who has been convicted of first | ||||||
32 | degree murder when the
offender has previously been convicted | ||||||
33 | of domestic battery or aggravated
domestic battery committed | ||||||
34 | against the murdered individual or has
previously been | ||||||
35 | convicted of violation of an order of protection in which the
| ||||||
36 | murdered individual was the protected person.
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1 | (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | ||||||
2 | 91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | ||||||
3 | 91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | ||||||
4 | 4-13-00; 92-266, eff. 1-1-02.)
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