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Full Text of HB0304  100th General Assembly

HB0304 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0304

 

Introduced , by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3.2

    Amends the Unified Code of Corrections. Provides that if a term of natural life imprisonment is not imposed, the court shall impose an extended term sentence when a defendant is convicted of first degree murder, second degree murder, or involuntary manslaughter in which the victim of any of these offenses was an abused person under 18 years of age and the death of the victim resulted from the abuse. Provides that before the imposition of an extended term sentence under this provision, the State's Attorney shall present evidence to the court at the sentencing hearing of the defendant describing the facts in the case. Provides that if the court finds that the death of the person under 18 years of age was the result of the abuse, the court shall impose an extended term sentence upon the defendant. Provides that if the court does not make such finding, the court shall impose any other sentence for the offense as prescribed in the Code.


LRB100 03892 RLC 13897 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0304LRB100 03892 RLC 13897 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3.2 as follows:
 
6    (730 ILCS 5/5-5-3.2)
7    Sec. 5-5-3.2. Factors in aggravation and extended-term
8sentencing.
9    (a) The following factors shall be accorded weight in favor
10of imposing a term of imprisonment or may be considered by the
11court as reasons to impose a more severe sentence under Section
125-8-1 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 has a physical disability 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" has the meaning ascribed to it in paragraph
24    (O-1) of Section 1-103 of the Illinois Human Rights Act;
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 11-0.1 of the Criminal Code of 2012,
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    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a place
25    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
26    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

 

 

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1    or 12-16 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 against that victim;
3        (15) the defendant committed an offense related to the
4    activities of an organized gang. For the purposes of this
5    factor, "organized gang" has the meaning ascribed to it in
6    Section 10 of the Streetgang Terrorism Omnibus Prevention
7    Act;
8        (16) the defendant committed an offense in violation of
9    one of the following Sections while in a school, regardless
10    of the time of day or time of year; on any conveyance
11    owned, leased, or contracted by a school to transport
12    students to or from school or a school related activity; on
13    the real property of a school; or on a public way within
14    1,000 feet of the real property comprising any school:
15    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19    18-2, or 33A-2, or Section 12-3.05 except for subdivision
20    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21    Criminal Code of 2012;
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, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
5    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
6    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    18-2, or 33A-2, or Section 12-3.05 except for subdivision
8    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
9    Criminal Code of 2012;
10        (17) the defendant committed the offense by reason of
11    any person's activity as a community policing volunteer or
12    to prevent any person from engaging in activity as a
13    community policing volunteer. For the purpose of this
14    Section, "community policing volunteer" has the meaning
15    ascribed to it in Section 2-3.5 of the Criminal Code of
16    2012;
17        (18) the defendant committed the offense in a nursing
18    home or on the real property comprising a nursing home. For
19    the purposes of this paragraph (18), "nursing home" means a
20    skilled nursing or intermediate long term care facility
21    that is subject to license by the Illinois Department of
22    Public Health under the Nursing Home Care Act, the
23    Specialized Mental Health Rehabilitation Act of 2013, the
24    ID/DD Community Care Act, or the MC/DD Act;
25        (19) the defendant was a federally licensed firearm
26    dealer and was previously convicted of a violation of

 

 

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1    subsection (a) of Section 3 of the Firearm Owners
2    Identification Card Act and has now committed either a
3    felony violation of the Firearm Owners Identification Card
4    Act or an act of armed violence while armed with a firearm;
5        (20) the defendant (i) committed the offense of
6    reckless homicide under Section 9-3 of the Criminal Code of
7    1961 or the Criminal Code of 2012 or the offense of driving
8    under the influence of alcohol, other drug or drugs,
9    intoxicating compound or compounds or any combination
10    thereof under Section 11-501 of the Illinois Vehicle Code
11    or a similar provision of a local ordinance and (ii) was
12    operating a motor vehicle in excess of 20 miles per hour
13    over the posted speed limit as provided in Article VI of
14    Chapter 11 of the Illinois Vehicle Code;
15        (21) the defendant (i) committed the offense of
16    reckless driving or aggravated reckless driving under
17    Section 11-503 of the Illinois Vehicle Code and (ii) was
18    operating a motor vehicle in excess of 20 miles per hour
19    over the posted speed limit as provided in Article VI of
20    Chapter 11 of the Illinois Vehicle Code;
21        (22) the defendant committed the offense against a
22    person that the defendant knew, or reasonably should have
23    known, was a member of the Armed Forces of the United
24    States serving on active duty. For purposes of this clause
25    (22), the term "Armed Forces" means any of the Armed Forces
26    of the United States, including a member of any reserve

 

 

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1    component thereof or National Guard unit called to active
2    duty;
3        (23) the defendant committed the offense against a
4    person who was elderly or infirm or who was a person with a
5    disability by taking advantage of a family or fiduciary
6    relationship with the elderly or infirm person or person
7    with a disability;
8        (24) the defendant committed any offense under Section
9    11-20.1 of the Criminal Code of 1961 or the Criminal Code
10    of 2012 and possessed 100 or more images;
11        (25) the defendant committed the offense while the
12    defendant or the victim was in a train, bus, or other
13    vehicle used for public transportation;
14        (26) the defendant committed the offense of child
15    pornography or aggravated child pornography, specifically
16    including paragraph (1), (2), (3), (4), (5), or (7) of
17    subsection (a) of Section 11-20.1 of the Criminal Code of
18    1961 or the Criminal Code of 2012 where a child engaged in,
19    solicited for, depicted in, or posed in any act of sexual
20    penetration or bound, fettered, or subject to sadistic,
21    masochistic, or sadomasochistic abuse in a sexual context
22    and specifically including paragraph (1), (2), (3), (4),
23    (5), or (7) of subsection (a) of Section 11-20.1B or
24    Section 11-20.3 of the Criminal Code of 1961 where a child
25    engaged in, solicited for, depicted in, or posed in any act
26    of sexual penetration or bound, fettered, or subject to

 

 

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1    sadistic, masochistic, or sadomasochistic abuse in a
2    sexual context;
3        (27) the defendant committed the offense of first
4    degree murder, assault, aggravated assault, battery,
5    aggravated battery, robbery, armed robbery, or aggravated
6    robbery against a person who was a veteran and the
7    defendant knew, or reasonably should have known, that the
8    person was a veteran performing duties as a representative
9    of a veterans' organization. For the purposes of this
10    paragraph (27), "veteran" means an Illinois resident who
11    has served as a member of the United States Armed Forces, a
12    member of the Illinois National Guard, or a member of the
13    United States Reserve Forces; and "veterans' organization"
14    means an organization comprised of members of which
15    substantially all are individuals who are veterans or
16    spouses, widows, or widowers of veterans, the primary
17    purpose of which is to promote the welfare of its members
18    and to provide assistance to the general public in such a
19    way as to confer a public benefit;
20        (28) the defendant committed the offense of assault,
21    aggravated assault, battery, aggravated battery, robbery,
22    armed robbery, or aggravated robbery against a person that
23    the defendant knew or reasonably should have known was a
24    letter carrier or postal worker while that person was
25    performing his or her duties delivering mail for the United
26    States Postal Service;

 

 

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1        (29) the defendant committed the offense of criminal
2    sexual assault, aggravated criminal sexual assault,
3    criminal sexual abuse, or aggravated criminal sexual abuse
4    against a victim with an intellectual disability, and the
5    defendant holds a position of trust, authority, or
6    supervision in relation to the victim; or
7        (30) the defendant committed the offense of promoting
8    juvenile prostitution, patronizing a prostitute, or
9    patronizing a minor engaged in prostitution and at the time
10    of the commission of the offense knew that the prostitute
11    or minor engaged in prostitution was in the custody or
12    guardianship of the Department of Children and Family
13    Services.
14    For the purposes of this Section:
15    "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17    "Day care center" means a public or private State certified
18and licensed day care center as defined in Section 2.09 of the
19Child Care Act of 1969 that displays a sign in plain view
20stating that the property is a day care center.
21    "Intellectual disability" means significantly subaverage
22intellectual functioning which exists concurrently with
23impairment in adaptive behavior.
24    "Public transportation" means the transportation or
25conveyance of persons by means available to the general public,
26and includes paratransit services.

 

 

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1    (b) The following factors, related to all felonies, may be
2considered by the court as reasons to impose an extended term
3sentence under Section 5-8-2 upon any offender:
4        (1) When a defendant is convicted of any felony, after
5    having been previously convicted in Illinois or any other
6    jurisdiction of the same or similar class felony or greater
7    class felony, when such conviction has occurred within 10
8    years after the previous conviction, excluding time spent
9    in custody, and such charges are separately brought and
10    tried and arise out of different series of acts; or
11        (2) When a defendant is convicted of any felony and the
12    court finds that the offense was accompanied by
13    exceptionally brutal or heinous behavior indicative of
14    wanton cruelty; or
15        (3) When a defendant is convicted of any felony
16    committed against:
17            (i) a person under 12 years of age at the time of
18        the offense or such person's property;
19            (ii) a person 60 years of age or older at the time
20        of the offense or such person's property; or
21            (iii) a person who had a physical disability at the
22        time of the offense or such person's property; or
23        (4) When a defendant is convicted of any felony and the
24    offense involved any of the following types of specific
25    misconduct committed as part of a ceremony, rite,
26    initiation, observance, performance, practice or activity

 

 

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1    of any actual or ostensible religious, fraternal, or social
2    group:
3            (i) the brutalizing or torturing of humans or
4        animals;
5            (ii) the theft of human corpses;
6            (iii) the kidnapping of humans;
7            (iv) the desecration of any cemetery, religious,
8        fraternal, business, governmental, educational, or
9        other building or property; or
10            (v) ritualized abuse of a child; or
11        (5) When a defendant is convicted of a felony other
12    than conspiracy and the court finds that the felony was
13    committed under an agreement with 2 or more other persons
14    to commit that offense and the defendant, with respect to
15    the other individuals, occupied a position of organizer,
16    supervisor, financier, or any other position of management
17    or leadership, and the court further finds that the felony
18    committed was related to or in furtherance of the criminal
19    activities of an organized gang or was motivated by the
20    defendant's leadership in an organized gang; or
21        (6) When a defendant is convicted of an offense
22    committed while using a firearm with a laser sight attached
23    to it. For purposes of this paragraph, "laser sight" has
24    the meaning ascribed to it in Section 26-7 of the Criminal
25    Code of 2012; or
26        (7) When a defendant who was at least 17 years of age

 

 

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1    at the time of the commission of the offense is convicted
2    of a felony and has been previously adjudicated a
3    delinquent minor under the Juvenile Court Act of 1987 for
4    an act that if committed by an adult would be a Class X or
5    Class 1 felony when the conviction has occurred within 10
6    years after the previous adjudication, excluding time
7    spent in custody; or
8        (8) When a defendant commits any felony and the
9    defendant used, possessed, exercised control over, or
10    otherwise directed an animal to assault a law enforcement
11    officer engaged in the execution of his or her official
12    duties or in furtherance of the criminal activities of an
13    organized gang in which the defendant is engaged; or
14        (9) When a defendant commits any felony and the
15    defendant knowingly video or audio records the offense with
16    the intent to disseminate the recording.
17    (c) The following factors may be considered by the court as
18reasons to impose an extended term sentence under Section 5-8-2
19(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
20        (1) When a defendant is convicted of first degree
21    murder, after having been previously convicted in Illinois
22    of any offense listed under paragraph (c)(2) of Section
23    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
24    within 10 years after the previous conviction, excluding
25    time spent in custody, and the charges are separately
26    brought and tried and arise out of different series of

 

 

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1    acts.
2        (1.5) When a defendant is convicted of first degree
3    murder, after having been previously convicted of domestic
4    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
5    (720 ILCS 5/12-3.3) committed on the same victim or after
6    having been previously convicted of violation of an order
7    of protection (720 ILCS 5/12-30) in which the same victim
8    was the protected person.
9        (2) When a defendant is convicted of voluntary
10    manslaughter, second degree murder, involuntary
11    manslaughter, or reckless homicide in which the defendant
12    has been convicted of causing the death of more than one
13    individual.
14        (3) When a defendant is convicted of aggravated
15    criminal sexual assault or criminal sexual assault, when
16    there is a finding that aggravated criminal sexual assault
17    or 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.
24        (4) If the victim was under 18 years of age at the time
25    of the commission of the offense, when a defendant is
26    convicted of aggravated criminal sexual assault or

 

 

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1    predatory criminal sexual assault of a child under
2    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
3    of Section 12-14.1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
5        (5) When a defendant is convicted of a felony violation
6    of Section 24-1 of the Criminal Code of 1961 or the
7    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
8    finding that the defendant is a member of an organized
9    gang.
10        (6) When a defendant was convicted of unlawful use of
11    weapons under Section 24-1 of the Criminal Code of 1961 or
12    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
13    a weapon that is not readily distinguishable as one of the
14    weapons enumerated in Section 24-1 of the Criminal Code of
15    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
16        (7) When a defendant is convicted of an offense
17    involving the illegal manufacture of a controlled
18    substance under Section 401 of the Illinois Controlled
19    Substances Act (720 ILCS 570/401), the illegal manufacture
20    of methamphetamine under Section 25 of the Methamphetamine
21    Control and Community Protection Act (720 ILCS 646/25), or
22    the illegal possession of explosives and an emergency
23    response officer in the performance of his or her duties is
24    killed or injured at the scene of the offense while
25    responding to the emergency caused by the commission of the
26    offense. In this paragraph, "emergency" means a situation

 

 

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1    in which a person's life, health, or safety is in jeopardy;
2    and "emergency response officer" means a peace officer,
3    community policing volunteer, fireman, emergency medical
4    technician-ambulance, emergency medical
5    technician-intermediate, emergency medical
6    technician-paramedic, ambulance driver, other medical
7    assistance or first aid personnel, or hospital emergency
8    room personnel.
9        (8) When the defendant is convicted of attempted mob
10    action, solicitation to commit mob action, or conspiracy to
11    commit mob action under Section 8-1, 8-2, or 8-4 of the
12    Criminal Code of 2012, where the criminal object is a
13    violation of Section 25-1 of the Criminal Code of 2012, and
14    an electronic communication is used in the commission of
15    the offense. For the purposes of this paragraph (8),
16    "electronic communication" shall have the meaning provided
17    in Section 26.5-0.1 of the Criminal Code of 2012.
18    (c-5) If a term of natural life imprisonment is not
19imposed, the court shall impose an extended term sentence under
20Article 4.5 of Chapter V when a defendant is convicted of first
21degree murder, second degree murder, or involuntary
22manslaughter in which the victim of any of these offenses was
23an abused person under 18 years of age and the death of the
24victim resulted from the abuse. Before the imposition of an
25extended term sentence under this subsection (c-5), the State's
26Attorney shall present evidence to the court at the sentencing

 

 

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1hearing of the defendant describing the facts in the case. If
2the court finds that the death of the person under 18 years of
3age was the result of the abuse, the court shall impose an
4extended term sentence upon the defendant. If the court does
5not make that finding, the court shall impose any other
6sentence for the offense as prescribed in this Chapter V. For
7the purposes of this subsection (c-5), "abused" has the meaning
8ascribed to it in Section 2-3 of the Juvenile Court Act of
91987.
10    (d) For the purposes of this Section, "organized gang" has
11the meaning ascribed to it in Section 10 of the Illinois
12Streetgang Terrorism Omnibus Prevention Act.
13    (e) The court may impose an extended term sentence under
14Article 4.5 of Chapter V upon an offender who has been
15convicted of a felony violation of Section 11-1.20, 11-1.30,
1611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1712-16 of the Criminal Code of 1961 or the Criminal Code of 2012
18when the victim of the offense is under 18 years of age at the
19time of the commission of the offense and, during the
20commission of the offense, the victim was under the influence
21of alcohol, regardless of whether or not the alcohol was
22supplied by the offender; and the offender, at the time of the
23commission of the offense, knew or should have known that the
24victim had consumed alcohol.
25(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
26eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,

 

 

HB0304- 17 -LRB100 03892 RLC 13897 b

1eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
299-347, eff. 1-1-16; 99-642, eff. 7-28-16.)