96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4738

 

Introduced 1/11/2010, by Rep. Carol A. Sente - Keith Farnham and Michael K. Smith

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3.2   from Ch. 38, par. 1005-5-3.2

    Amends the Unified Code of Corrections. Provides that the court may impose a more severe sentence against a defendant who 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 when that person was performing duties as a representative of a veterans' organization.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4738 LRB096 15978 RLC 31223 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 10. 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     (Text of Section after amendment by P.A. 96-339)
8     Sec. 5-5-3.2. Factors in Aggravation.
9     (a) The following factors shall be accorded weight in favor
10 of imposing a term of imprisonment or may be considered by the
11 court as reasons to impose a more severe sentence under Section
12 5-8-1 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 is physically handicapped 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" means heterosexuality, homosexuality, or
24     bisexuality;
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 was released on bail or his own recognizance
7     pending trial for a prior felony and was convicted of such
8     prior felony, or the defendant was convicted of a felony
9     committed while he was serving a period of probation,
10     conditional discharge, or mandatory supervised release
11     under subsection (d) of Section 5-8-1 for a prior felony;
12         (13) the defendant committed or attempted to commit a
13     felony while he was wearing a bulletproof vest. For the
14     purposes of this paragraph (13), a bulletproof vest is any
15     device which is designed for the purpose of protecting the
16     wearer from bullets, shot or other lethal projectiles;
17         (14) the defendant held a position of trust or
18     supervision such as, but not limited to, family member as
19     defined in Section 12-12 of the Criminal Code of 1961,
20     teacher, scout leader, baby sitter, or day care worker, in
21     relation to a victim under 18 years of age, and the
22     defendant committed an offense in violation of Section
23     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
24     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
25     against that victim;
26         (15) the defendant committed an offense related to the

 

 

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

 

 

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1         (17) the defendant committed the offense by reason of
2     any person's activity as a community policing volunteer or
3     to prevent any person from engaging in activity as a
4     community policing volunteer. For the purpose of this
5     Section, "community policing volunteer" has the meaning
6     ascribed to it in Section 2-3.5 of the Criminal Code of
7     1961;
8         (18) the defendant committed the offense in a nursing
9     home or on the real property comprising a nursing home. For
10     the purposes of this paragraph (18), "nursing home" means a
11     skilled nursing or intermediate long term care facility
12     that is subject to license by the Illinois Department of
13     Public Health under the Nursing Home Care Act or the MR/DD
14     Community Care Act;
15         (19) the defendant was a federally licensed firearm
16     dealer and was previously convicted of a violation of
17     subsection (a) of Section 3 of the Firearm Owners
18     Identification Card Act and has now committed either a
19     felony violation of the Firearm Owners Identification Card
20     Act or an act of armed violence while armed with a firearm;
21         (20) the defendant (i) committed the offense of
22     reckless homicide under Section 9-3 of the Criminal Code of
23     1961 or the offense of driving under the influence of
24     alcohol, other drug or drugs, intoxicating compound or
25     compounds or any combination thereof under Section 11-501
26     of the Illinois Vehicle Code or a similar provision of a

 

 

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1     local ordinance and (ii) was operating a motor vehicle in
2     excess of 20 miles per hour over the posted speed limit as
3     provided in Article VI of Chapter 11 of the Illinois
4     Vehicle Code;
5         (21) the defendant (i) committed the offense of
6     reckless driving or aggravated reckless driving under
7     Section 11-503 of the Illinois Vehicle Code and (ii) was
8     operating a motor vehicle in excess of 20 miles per hour
9     over the posted speed limit as provided in Article VI of
10     Chapter 11 of the Illinois Vehicle Code;
11         (22) the defendant committed the offense against a
12     person that the defendant knew, or reasonably should have
13     known, was a member of the Armed Forces of the United
14     States serving on active duty. For purposes of this clause
15     (22), the term "Armed Forces" means any of the Armed Forces
16     of the United States, including a member of any reserve
17     component thereof or National Guard unit called to active
18     duty;
19         (23) the defendant committed the offense against a
20     person who was elderly, disabled, or infirm by taking
21     advantage of a family or fiduciary relationship with the
22     elderly, disabled, or infirm person; or
23         (24) the defendant committed any offense under Section
24     11-20.1 of the Criminal Code of 1961 and possessed 100 or
25     more images; or
26         (25) the defendant committed the offense while the

 

 

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1     defendant or the victim was in a train, bus, or other
2     vehicle used for public transportation; .
3         (26) (25) the defendant committed the offense of child
4     pornography or aggravated child pornography, specifically
5     including paragraph (1), (2), (3), (4), (5), or (7) of
6     subsection (a) of Section 11-20.1 of the Criminal Code of
7     1961 where a child engaged in, solicited for, depicted in,
8     or posed in any act of sexual penetration or bound,
9     fettered, or subject to sadistic, masochistic, or
10     sadomasochistic abuse in a sexual context and specifically
11     including paragraph (1), (2), (3), (4), (5), or (7) of
12     subsection (a) of Section 11-20.3 of the Criminal Code of
13     1961 where a child engaged in, solicited for, depicted in,
14     or posed in any act of sexual penetration or bound,
15     fettered, or subject to sadistic, masochistic, or
16     sadomasochistic abuse in a sexual context; or .
17         (27) the defendant committed the offense of first
18     degree murder, assault, aggravated assault, battery,
19     aggravated battery, robbery, armed robbery, or aggravated
20     robbery against a person who was a veteran when that person
21     was performing duties as a representative of a veterans'
22     organization. For the purposes of this paragraph (27),
23     "veteran" means an Illinois resident who has served as a
24     member of the United States Armed Forces, a member of the
25     Illinois National Guard, or a member of the United States
26     Reserve Forces; and "veterans' organization" means an

 

 

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1     organization comprised of members of which substantially
2     all are individuals who are veterans or spouses, widows, or
3     widowers of veterans, the primary purpose of which is to
4     promote the welfare of its members and to provide
5     assistance to the general public in such a way as to confer
6     a public benefit.
7     For the purposes of this Section:
8     "School" is defined as a public or private elementary or
9 secondary school, community college, college, or university.
10     "Day care center" means a public or private State certified
11 and licensed day care center as defined in Section 2.09 of the
12 Child Care Act of 1969 that displays a sign in plain view
13 stating that the property is a day care center.
14     "Public transportation" means the transportation or
15 conveyance of persons by means available to the general public,
16 and includes paratransit services.
17     (b) The following factors, related to all felonies, may be
18 considered by the court as reasons to impose an extended term
19 sentence under Section 5-8-2 upon any offender:
20         (1) When a defendant is convicted of any felony, after
21     having been previously convicted in Illinois or any other
22     jurisdiction of the same or similar class felony or greater
23     class felony, when such conviction has occurred within 10
24     years after the previous conviction, excluding time spent
25     in custody, and such charges are separately brought and
26     tried and arise out of different series of acts; or

 

 

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1         (2) When a defendant is convicted of any felony and the
2     court finds that the offense was accompanied by
3     exceptionally brutal or heinous behavior indicative of
4     wanton cruelty; or
5         (3) When a defendant is convicted of any felony
6     committed against:
7             (i) a person under 12 years of age at the time of
8         the offense or such person's property;
9             (ii) a person 60 years of age or older at the time
10         of the offense or such person's property; or
11             (iii) a person physically handicapped at the time
12         of the offense or such person's property; or
13         (4) When a defendant is convicted of any felony and the
14     offense involved any of the following types of specific
15     misconduct committed as part of a ceremony, rite,
16     initiation, observance, performance, practice or activity
17     of any actual or ostensible religious, fraternal, or social
18     group:
19             (i) the brutalizing or torturing of humans or
20         animals;
21             (ii) the theft of human corpses;
22             (iii) the kidnapping of humans;
23             (iv) the desecration of any cemetery, religious,
24         fraternal, business, governmental, educational, or
25         other building or property; or
26             (v) ritualized abuse of a child; or

 

 

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1         (5) When a defendant is convicted of a felony other
2     than conspiracy and the court finds that the felony was
3     committed under an agreement with 2 or more other persons
4     to commit that offense and the defendant, with respect to
5     the other individuals, occupied a position of organizer,
6     supervisor, financier, or any other position of management
7     or leadership, and the court further finds that the felony
8     committed was related to or in furtherance of the criminal
9     activities of an organized gang or was motivated by the
10     defendant's leadership in an organized gang; or
11         (6) When a defendant is convicted of an offense
12     committed while using a firearm with a laser sight attached
13     to it. For purposes of this paragraph, "laser sight" has
14     the meaning ascribed to it in Section 24.6-5 of the
15     Criminal Code of 1961; or
16         (7) When a defendant who was at least 17 years of age
17     at the time of the commission of the offense is convicted
18     of a felony and has been previously adjudicated a
19     delinquent minor under the Juvenile Court Act of 1987 for
20     an act that if committed by an adult would be a Class X or
21     Class 1 felony when the conviction has occurred within 10
22     years after the previous adjudication, excluding time
23     spent in custody; or
24         (8) When a defendant commits any felony and the
25     defendant used, possessed, exercised control over, or
26     otherwise directed an animal to assault a law enforcement

 

 

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1     officer engaged in the execution of his or her official
2     duties or in furtherance of the criminal activities of an
3     organized gang in which the defendant is engaged.
4     (c) The following factors may be considered by the court as
5 reasons to impose an extended term sentence under Section 5-8-2
6 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
7         (1) When a defendant is convicted of first degree
8     murder, after having been previously convicted in Illinois
9     of any offense listed under paragraph (c)(2) of Section
10     5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
11     within 10 years after the previous conviction, excluding
12     time spent in custody, and the charges are separately
13     brought and tried and arise out of different series of
14     acts.
15         (1.5) When a defendant is convicted of first degree
16     murder, after having been previously convicted of domestic
17     battery (720 ILCS 5/12-3.2) or aggravated domestic battery
18     (720 ILCS 5/12-3.3) committed on the same victim or after
19     having been previously convicted of violation of an order
20     of protection (720 ILCS 5/12-30) in which the same victim
21     was the protected person.
22         (2) When a defendant is convicted of voluntary
23     manslaughter, second degree murder, involuntary
24     manslaughter, or reckless homicide in which the defendant
25     has been convicted of causing the death of more than one
26     individual.

 

 

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1         (3) When a defendant is convicted of aggravated
2     criminal sexual assault or criminal sexual assault, when
3     there is a finding that aggravated criminal sexual assault
4     or criminal sexual assault was also committed on the same
5     victim by one or more other individuals, and the defendant
6     voluntarily participated in the crime with the knowledge of
7     the participation of the others in the crime, and the
8     commission of the crime was part of a single course of
9     conduct during which there was no substantial change in the
10     nature of the criminal objective.
11         (4) If the victim was under 18 years of age at the time
12     of the commission of the offense, when a defendant is
13     convicted of aggravated criminal sexual assault or
14     predatory criminal sexual assault of a child under
15     subsection (a)(1) of Section 12-14.1 of the Criminal Code
16     of 1961 (720 ILCS 5/12-14.1).
17         (5) When a defendant is convicted of a felony violation
18     of Section 24-1 of the Criminal Code of 1961 (720 ILCS
19     5/24-1) and there is a finding that the defendant is a
20     member of an organized gang.
21         (6) When a defendant was convicted of unlawful use of
22     weapons under Section 24-1 of the Criminal Code of 1961
23     (720 ILCS 5/24-1) for possessing a weapon that is not
24     readily distinguishable as one of the weapons enumerated in
25     Section 24-1 of the Criminal Code of 1961 (720 ILCS
26     5/24-1).

 

 

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1         (7) When a defendant is convicted of an offense
2     involving the illegal manufacture of a controlled
3     substance under Section 401 of the Illinois Controlled
4     Substances Act (720 ILCS 570/401), the illegal manufacture
5     of methamphetamine under Section 25 of the Methamphetamine
6     Control and Community Protection Act (720 ILCS 646/25), or
7     the illegal possession of explosives and an emergency
8     response officer in the performance of his or her duties is
9     killed or injured at the scene of the offense while
10     responding to the emergency caused by the commission of the
11     offense. In this paragraph, "emergency" means a situation
12     in which a person's life, health, or safety is in jeopardy;
13     and "emergency response officer" means a peace officer,
14     community policing volunteer, fireman, emergency medical
15     technician-ambulance, emergency medical
16     technician-intermediate, emergency medical
17     technician-paramedic, ambulance driver, other medical
18     assistance or first aid personnel, or hospital emergency
19     room personnel.
20     (d) For the purposes of this Section, "organized gang" has
21 the meaning ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
24 eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
25 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
26 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)