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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 5-5-3.2 as follows:
 



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    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)



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    Sec. 5-5-3.2. Factors in Aggravation. 

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    (a) The following factors shall be accorded weight in favor 
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of
imposing a term of imprisonment or may be considered by the 
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court as reasons
to impose a more severe sentence under Section 
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5-8-1:

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        (1) the defendant's conduct caused or threatened 
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    serious harm;

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        (2) the defendant received compensation for committing 
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    the offense;

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        (3) the defendant has a history of prior delinquency or 
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    criminal activity;

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        (4) the defendant, by the duties of his office or by 
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    his position,
was obliged to prevent the particular offense 
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    committed or to bring
the offenders committing it to 
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    justice;

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        (5) the defendant held public office at the time of the 
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    offense,
and the offense related to the conduct of that 
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    office;

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        (6) the defendant utilized his professional reputation 
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    or
position in the community to commit the offense, or to 
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    afford
him an easier means of committing it;

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        (7) the sentence is necessary to deter others from 
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    committing
the same crime;

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        (8) the defendant committed the offense against a 
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    person 60 years of age
or older or such person's property;

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        (9) the defendant committed the offense against a 
 


 






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    person who is
physically handicapped or such person's 
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    property;

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        (10) by reason of another individual's actual or 
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    perceived race, color,
creed, religion, ancestry, gender, 
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    sexual orientation, physical or mental
disability, or 
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    national origin, the defendant committed the offense 
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    against (i)
the person or property
of that individual; (ii) 
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    the person or property of a person who has an
association 
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    with, is married to, or has a friendship with the other 
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    individual;
or (iii) the person or property of a relative 
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    (by blood or marriage) of a
person described in clause (i) 
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    or (ii).  For the purposes of this Section,
"sexual 
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    orientation" means heterosexuality, homosexuality, or 
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    bisexuality;

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        (11) the offense took place in a place of worship or on 
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    the
grounds of a place of worship, immediately prior to, 
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    during or immediately
following worship services.  For 
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    purposes of this subparagraph, "place of
worship" shall 
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    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 
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    while he was
released on bail or his own recognizance 
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    pending trial for a prior felony
and was convicted of such 
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    prior felony, or the defendant was convicted of a
felony 
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    committed while he was serving a period of probation,

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    conditional discharge, or mandatory supervised release 
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    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 
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    felony while he
was wearing a bulletproof vest.  For the 
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    purposes of this paragraph (13), a
bulletproof vest is any 
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    device which is designed for the purpose of
protecting the 
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    wearer from bullets, shot or other lethal projectiles;

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        (14) the defendant held a position of trust or 
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    supervision such as, but
not limited to, family member as 
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    defined in Section 12-12 of the Criminal Code
of 1961, 
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    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 
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    defendant committed an
offense in violation of Section 
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    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, 
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    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

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    against
that victim;

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        (15) the defendant committed an offense related to the 
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    activities of an
organized gang.  For the purposes of this 
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    factor, "organized gang" has the
meaning ascribed to it in 
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    Section 10 of the Streetgang Terrorism Omnibus
Prevention 
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    Act;

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        (16) the defendant committed an offense in violation of 
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    one of the
following Sections while in a school, regardless 
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    of the time of day or time of
year; on any conveyance 
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    owned, leased, or contracted by a school to transport

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    students to or from school or a school related activity; on 
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    the real property
of a school; or on a public way within 
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    1,000 feet of the real property
comprising any school: 
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    Section 10-1, 10-2, 10-5, 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, 
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    12-6, 12-6.1,  12-13,
12-14, 12-14.1, 12-15, 12-16,  18-2, or 
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    33A-2 of the Criminal Code of
1961;

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        (16.5) the defendant committed an offense in violation 
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    of one of the
following Sections while in a day care 
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    center, regardless of the time of day or
time of year; on 
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    the real property of a day care center, regardless of the 
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    time
of day or time of year; or on a public
way within 
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    1,000 feet of the real property comprising any day care 
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    center,
regardless of the time of day or time of year:

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    Section 10-1, 10-2, 10-5, 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, 
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    12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 
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    33A-2 of the Criminal
Code of 1961;

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        (17) the defendant committed the offense by reason of 
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    any person's
activity as a community policing volunteer or 
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    to prevent any person from
engaging in activity as a 
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    community policing volunteer.  For the purpose of
this 
 


 






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    Section, "community policing volunteer" has the meaning 
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    ascribed to it in
Section 2-3.5 of the Criminal Code of 
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    1961;

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        (18) the defendant committed the offense in a nursing 
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    home or on the
real
property comprising a nursing home.  For 
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    the purposes of this paragraph (18),
"nursing home" means a 
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    skilled nursing
or intermediate long term care facility 
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    that is subject to license by the
Illinois Department of 
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    Public Health under the Nursing Home Care
Act; or

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        (19) the defendant was a federally licensed firearm 
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    dealer
and
was
previously convicted of a violation of 
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    subsection (a) of Section 3 of the
Firearm Owners 
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    Identification Card Act and has now committed either a 
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    felony
violation
of the Firearm Owners Identification Card 
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    Act or an act of armed violence while
armed
with a firearm; 
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    or .
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        (20) the defendant (i) committed the offense of 
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    reckless homicide under Section 9-3 of the Criminal Code of 
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    1961 or the offense of driving under the influence of 
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    alcohol, other drug or
drugs, intoxicating compound or 
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    compounds or any combination thereof under Section 11-501 
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    of the Illinois Vehicle Code or a similar provision of a 
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    local ordinance and (ii) was operating a motor vehicle in 
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    excess of 20 miles per hour over the posted speed limit as 
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    provided in Article VI of Chapter 11 of the Illinois 
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    Vehicle Code.


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    For the purposes of this Section:

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    "School" is defined as a public or private
elementary or 
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secondary school, community college, college, or university.

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    "Day care center" means a public or private State certified 
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and
licensed day care center as defined in Section 2.09 of the 
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Child Care Act of
1969 that displays a sign in plain view 
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stating that the
property is a day care center.

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    (b) The following factors may be considered by the court as

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reasons to impose an extended term sentence under Section 5-8-2

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upon any offender:

 


 






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        (1) When a defendant is convicted of any felony, after 
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    having
been previously convicted in Illinois or any other 
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    jurisdiction of the
same or similar class felony or greater 
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    class felony, when such conviction
has occurred within 10 
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    years after the
previous conviction, excluding time spent 
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    in custody, and such charges are
separately brought and 
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    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 
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    court
finds that the offense was accompanied by 
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    exceptionally brutal
or heinous behavior indicative of 
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    wanton cruelty; or

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        (3) When a defendant is convicted of voluntary 
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    manslaughter, second
degree murder, involuntary 
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    manslaughter or reckless homicide in which the
defendant 
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    has been convicted of causing the death of more than one 
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    individual; or

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        (4) When a defendant is convicted of any felony 
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    committed against:

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            (i) a person under 12 years of age at the time of 
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        the offense or such
person's property;

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            (ii) a person 60 years of age or older at the time 
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        of the offense or
such person's property; or

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            (iii) a person physically handicapped at the time 
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        of the offense or
such person's property; or

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        (5) In the case of a defendant convicted of aggravated 
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    criminal sexual
assault or criminal sexual assault, when 
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    the court finds that
aggravated criminal sexual assault or 
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    criminal sexual assault
was also committed on the same 
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    victim by one or more other individuals,
and the defendant 
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    voluntarily participated in the crime with the knowledge
of 
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    the participation of the others in the crime, and the 
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    commission of the
crime was part of a single course of 
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    conduct during which there was no
substantial change in the 
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    nature of the criminal objective; or

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        (6) When a defendant is convicted of any felony and the 
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    offense
involved any of the following types of specific 
 


 






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    misconduct committed as
part of a ceremony, rite, 
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    initiation, observance, performance, practice or
activity 
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    of any actual or ostensible religious, fraternal, or social 
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    group:

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            (i) the brutalizing or torturing of humans or 
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        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, 
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        fraternal, business,
governmental, educational, or 
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        other building or property; or

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            (v) ritualized abuse of a child; or

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        (7) When a defendant is convicted of first degree 
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    murder, after having
been previously convicted in Illinois 
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    of any offense listed under paragraph
(c)(2) of Section 
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    5-5-3, when such conviction has occurred within 10 years

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    after the previous conviction, excluding time spent in 
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    custody,
and such charges are separately brought and tried 
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    and arise out of
different series of acts; or

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        (8) When a defendant is convicted of a felony other 
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    than conspiracy and
the court finds that
the felony was 
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    committed under an agreement with 2 or more other persons

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    to commit that offense and the defendant, with respect to 
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    the other
individuals, occupied a position of organizer, 
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    supervisor, financier, or any
other position of management 
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    or leadership, and the court further finds that
the felony 
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    committed was related to or in furtherance of the criminal

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    activities of an organized gang or was motivated by the 
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    defendant's leadership
in an organized gang; or

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        (9) When a defendant is convicted of a felony violation 
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    of Section 24-1
of the Criminal Code of 1961 and the court 
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    finds that the defendant is a member
of an organized gang; 
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    or

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        (10) When a defendant committed the offense using a 
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    firearm with a
laser sight attached to it.  For purposes of 
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    this paragraph (10), "laser sight"
has the meaning ascribed 
 


 






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    to it in Section 24.6-5 of the Criminal Code of
1961; or

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        (11) When a defendant who was at least 17 years of age 
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    at the
time of
the commission of the offense is convicted 
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    of a felony and has been previously
adjudicated a 
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    delinquent minor under the Juvenile Court Act of 1987 for 
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    an act
that if committed by an adult would be a Class X or 
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    Class 1 felony when the
conviction has occurred within 10 
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    years after the previous adjudication,
excluding time 
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    spent in custody; or

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        (12) When a defendant commits an offense involving the 
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    illegal
manufacture of a controlled substance under 
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    Section 401 of the Illinois
Controlled Substances Act or 
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    the illegal possession of explosives and an
emergency 
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    response
officer in
the performance of his or her duties is

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    killed or injured at the scene of the offense while 
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    responding to the
emergency caused by the commission of the 
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    offense.
In this paragraph (12),
"emergency"  means a 
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    situation in which a person's life, health, or safety is
in 
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    jeopardy; and
"emergency response officer" means a peace 
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    officer, community policing
volunteer, fireman, emergency 
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    medical
technician-ambulance, emergency medical 
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    technician-intermediate, emergency
medical 
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    technician-paramedic, ambulance
driver, other medical 
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    assistance or first aid personnel, or hospital emergency

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    room personnel.

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    (b-1) For the purposes of this Section, "organized gang" 
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has the meaning
ascribed to it in Section 10 of the Illinois 
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Streetgang Terrorism Omnibus
Prevention Act.

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    (c) The court may impose an extended term sentence under 
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Section 5-8-2
upon any offender who was convicted of aggravated 
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criminal sexual assault
or predatory criminal sexual assault of 
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a child under subsection (a)(1) of
Section 12-14.1 of
the 
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Criminal Code of 1961
where the victim was under 18 years of 
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age at the time of the commission
of the offense.

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    (d) The court may impose an extended term sentence under 
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Section 5-8-2 upon
any offender who was convicted of unlawful 
 


 






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use of weapons under Section 24-1 of
the Criminal Code of 1961 
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for possessing a weapon that is not readily
distinguishable as 
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one of the weapons enumerated in Section 24-1 of the
Criminal 
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Code of 1961.

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(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; 
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91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; 
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91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. 
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4-13-00; 92-266, eff. 1-1-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.