HB0035ham001 95TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/8/2007

 

 


 

 


 
09500HB0035ham001 LRB095 03678 RLC 33017 a

1
AMENDMENT TO HOUSE BILL 35

2     AMENDMENT NO. ______. Amend House Bill 35 by replacing
3 lines 16 through 19 with the following:
4 "Code of Criminal Procedure of 1963. A peace officer may arrest
5 a person for violation of this Section if the officer has
6 probable cause to believe that there is imminent danger of
7 physical harm to the non-aggressor.
8     (b) Sentence. Aggravated domestic assault is a Class A
9 misdemeanor. Aggravated domestic assault is a Class 4 felony if
10 the defendant has any prior conviction for domestic assault,
11 aggravated domestic assault, domestic damage to property,
12 domestic battery, or aggravated domestic battery.
13     (c) This Section does not apply to a parent or guardian
14 while exercising parental discipline over a child under his or
15 her custody.
 
16     Section 10. The Unified Code of Corrections is amended by
17 changing Section 5-5-3.2 as follows:
 

 

 

09500HB0035ham001 - 2 - LRB095 03678 RLC 33017 a

1     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
2     Sec. 5-5-3.2. Factors in Aggravation.
3     (a) The following factors shall be accorded weight in favor
4 of imposing a term of imprisonment or may be considered by the
5 court as reasons to impose a more severe sentence under Section
6 5-8-1:
7         (1) the defendant's conduct caused or threatened
8     serious harm;
9         (2) the defendant received compensation for committing
10     the offense;
11         (3) the defendant has a history of prior delinquency or
12     criminal activity;
13         (4) the defendant, by the duties of his office or by
14     his position, was obliged to prevent the particular offense
15     committed or to bring the offenders committing it to
16     justice;
17         (5) the defendant held public office at the time of the
18     offense, and the offense related to the conduct of that
19     office;
20         (6) the defendant utilized his professional reputation
21     or position in the community to commit the offense, or to
22     afford him an easier means of committing it;
23         (7) the sentence is necessary to deter others from
24     committing the same crime;
25         (8) the defendant committed the offense against a

 

 

09500HB0035ham001 - 3 - LRB095 03678 RLC 33017 a

1     person 60 years of age or older or such person's property;
2         (9) the defendant committed the offense against a
3     person who is physically handicapped or such person's
4     property;
5         (10) by reason of another individual's actual or
6     perceived race, color, creed, religion, ancestry, gender,
7     sexual orientation, physical or mental disability, or
8     national origin, the defendant committed the offense
9     against (i) the person or property of that individual; (ii)
10     the person or property of a person who has an association
11     with, is married to, or has a friendship with the other
12     individual; or (iii) the person or property of a relative
13     (by blood or marriage) of a person described in clause (i)
14     or (ii). For the purposes of this Section, "sexual
15     orientation" means heterosexuality, homosexuality, or
16     bisexuality;
17         (11) the offense took place in a place of worship or on
18     the grounds of a place of worship, immediately prior to,
19     during or immediately following worship services. For
20     purposes of this subparagraph, "place of worship" shall
21     mean any church, synagogue or other building, structure or
22     place used primarily for religious worship;
23         (12) the defendant was convicted of a felony committed
24     while he was released on bail or his own recognizance
25     pending trial for a prior felony and was convicted of such
26     prior felony, or the defendant was convicted of a felony

 

 

09500HB0035ham001 - 4 - LRB095 03678 RLC 33017 a

1     committed while he was serving a period of probation,
2     conditional discharge, or mandatory supervised release
3     under subsection (d) of Section 5-8-1 for a prior felony;
4         (13) the defendant committed or attempted to commit a
5     felony while he was wearing a bulletproof vest. For the
6     purposes of this paragraph (13), a bulletproof vest is any
7     device which is designed for the purpose of protecting the
8     wearer from bullets, shot or other lethal projectiles;
9         (14) the defendant held a position of trust or
10     supervision such as, but not limited to, family member as
11     defined in Section 12-12 of the Criminal Code of 1961,
12     teacher, scout leader, baby sitter, or day care worker, in
13     relation to a victim under 18 years of age, and the
14     defendant committed an offense in violation of Section
15     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
16     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
17     against that victim;
18         (15) the defendant committed an offense related to the
19     activities of an organized gang. For the purposes of this
20     factor, "organized gang" has the meaning ascribed to it in
21     Section 10 of the Streetgang Terrorism Omnibus Prevention
22     Act;
23         (16) the defendant committed an offense in violation of
24     one of the following Sections while in a school, regardless
25     of the time of day or time of year; on any conveyance
26     owned, leased, or contracted by a school to transport

 

 

09500HB0035ham001 - 5 - LRB095 03678 RLC 33017 a

1     students to or from school or a school related activity; on
2     the real property of a school; or on a public way within
3     1,000 feet of the real property comprising any school:
4     Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
7     33A-2 of the Criminal Code of 1961;
8         (16.5) the defendant committed an offense in violation
9     of one of the following Sections while in a day care
10     center, regardless of the time of day or time of year; on
11     the real property of a day care center, regardless of the
12     time of day or time of year; or on a public way within
13     1,000 feet of the real property comprising any day care
14     center, regardless of the time of day or time of year:
15     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
16     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
17     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
18     33A-2 of the Criminal Code of 1961;
19         (17) the defendant committed the offense by reason of
20     any person's activity as a community policing volunteer or
21     to prevent any person from engaging in activity as a
22     community policing volunteer. For the purpose of this
23     Section, "community policing volunteer" has the meaning
24     ascribed to it in Section 2-3.5 of the Criminal Code of
25     1961;
26         (18) the defendant committed the offense in a nursing

 

 

09500HB0035ham001 - 6 - LRB095 03678 RLC 33017 a

1     home or on the real property comprising a nursing home. For
2     the purposes of this paragraph (18), "nursing home" means a
3     skilled nursing or intermediate long term care facility
4     that is subject to license by the Illinois Department of
5     Public Health under the Nursing Home Care Act;
6         (19) the defendant was a federally licensed firearm
7     dealer and was previously convicted of a violation of
8     subsection (a) of Section 3 of the Firearm Owners
9     Identification Card Act and has now committed either a
10     felony violation of the Firearm Owners Identification Card
11     Act or an act of armed violence while armed with a firearm;
12         (20) the defendant (i) committed the offense of
13     reckless homicide under Section 9-3 of the Criminal Code of
14     1961 or the offense of driving under the influence of
15     alcohol, other drug or drugs, intoxicating compound or
16     compounds or any combination thereof under Section 11-501
17     of the Illinois Vehicle Code or a similar provision of a
18     local ordinance and (ii) was operating a motor vehicle in
19     excess of 20 miles per hour over the posted speed limit as
20     provided in Article VI of Chapter 11 of the Illinois
21     Vehicle Code; or
22         (21) the defendant (i) committed the offense of
23     reckless driving or aggravated reckless driving under
24     Section 11-503 of the Illinois Vehicle Code and (ii) was
25     operating a motor vehicle in excess of 20 miles per hour
26     over the posted speed limit as provided in Article VI of

 

 

09500HB0035ham001 - 7 - LRB095 03678 RLC 33017 a

1     Chapter 11 of the Illinois Vehicle Code; or .
2         (22) the defendant committed aggravated domestic
3     assault and has a prior conviction for domestic assault,
4     aggravated domestic assault, domestic damage to property,
5     domestic battery, or aggravated domestic battery.
6     For the purposes of this Section:
7     "School" is defined as a public or private elementary or
8 secondary school, community college, college, or university.
9     "Day care center" means a public or private State certified
10 and licensed day care center as defined in Section 2.09 of the
11 Child Care Act of 1969 that displays a sign in plain view
12 stating that the property is a day care center.
13     (b) The following factors may be considered by the court as
14 reasons to impose an extended term sentence under Section 5-8-2
15 upon any offender:
16         (1) When a defendant is convicted of any felony, after
17     having been previously convicted in Illinois or any other
18     jurisdiction of the same or similar class felony or greater
19     class felony, when such conviction has occurred within 10
20     years after the previous conviction, excluding time spent
21     in custody, and such charges are separately brought and
22     tried and arise out of different series of acts; or
23         (2) When a defendant is convicted of any felony and the
24     court finds that the offense was accompanied by
25     exceptionally brutal or heinous behavior indicative of
26     wanton cruelty; or

 

 

09500HB0035ham001 - 8 - LRB095 03678 RLC 33017 a

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,

 

 

09500HB0035ham001 - 9 - LRB095 03678 RLC 33017 a

1     initiation, observance, performance, practice or activity
2     of any actual or ostensible religious, fraternal, or social
3     group:
4             (i) the brutalizing or torturing of humans or
5         animals;
6             (ii) the theft of human corpses;
7             (iii) the kidnapping of humans;
8             (iv) the desecration of any cemetery, religious,
9         fraternal, business, governmental, educational, or
10         other building or property; or
11             (v) ritualized abuse of a child; or
12         (7) When a defendant is convicted of first degree
13     murder, after having been previously convicted in Illinois
14     of any offense listed under paragraph (c)(2) of Section
15     5-5-3, when such conviction has occurred within 10 years
16     after the previous conviction, excluding time spent in
17     custody, and such charges are separately brought and tried
18     and arise out of different series of acts; or
19         (8) When a defendant is convicted of a felony other
20     than conspiracy and the court finds that the felony was
21     committed under an agreement with 2 or more other persons
22     to commit that offense and the defendant, with respect to
23     the other individuals, occupied a position of organizer,
24     supervisor, financier, or any other position of management
25     or leadership, and the court further finds that the felony
26     committed was related to or in furtherance of the criminal

 

 

09500HB0035ham001 - 10 - LRB095 03678 RLC 33017 a

1     activities of an organized gang or was motivated by the
2     defendant's leadership in an organized gang; or
3         (9) When a defendant is convicted of a felony violation
4     of Section 24-1 of the Criminal Code of 1961 and the court
5     finds that the defendant is a member of an organized gang;
6     or
7         (10) When a defendant committed the offense using a
8     firearm with a laser sight attached to it. For purposes of
9     this paragraph (10), "laser sight" has the meaning ascribed
10     to it in Section 24.6-5 of the Criminal Code of 1961; or
11         (11) When a defendant who was at least 17 years of age
12     at the time of the commission of the offense is convicted
13     of a felony and has been previously adjudicated a
14     delinquent minor under the Juvenile Court Act of 1987 for
15     an act that if committed by an adult would be a Class X or
16     Class 1 felony when the conviction has occurred within 10
17     years after the previous adjudication, excluding time
18     spent in custody; or
19         (12) When a defendant commits an offense involving the
20     illegal manufacture of a controlled substance under
21     Section 401 of the Illinois Controlled Substances Act, the
22     illegal manufacture of methamphetamine under Section 25 of
23     the Methamphetamine Control and Community Protection Act,
24     or the illegal possession of explosives and an emergency
25     response officer in the performance of his or her duties is
26     killed or injured at the scene of the offense while

 

 

09500HB0035ham001 - 11 - LRB095 03678 RLC 33017 a

1     responding to the emergency caused by the commission of the
2     offense. In this paragraph (12), "emergency" means a
3     situation in which a person's life, health, or safety is in
4     jeopardy; and "emergency response officer" means a peace
5     officer, community policing volunteer, fireman, emergency
6     medical technician-ambulance, emergency medical
7     technician-intermediate, emergency medical
8     technician-paramedic, ambulance driver, other medical
9     assistance or first aid personnel, or hospital emergency
10     room personnel; or
11         (13) When a defendant commits any felony and the
12     defendant used, possessed, exercised control over, or
13     otherwise directed an animal to assault a law enforcement
14     officer engaged in the execution of his or her official
15     duties or in furtherance of the criminal activities of an
16     organized gang in which the defendant is engaged.
17     (b-1) For the purposes of this Section, "organized gang"
18 has the meaning ascribed to it in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20     (c) The court may impose an extended term sentence under
21 Section 5-8-2 upon any offender who was convicted of aggravated
22 criminal sexual assault or predatory criminal sexual assault of
23 a child under subsection (a)(1) of Section 12-14.1 of the
24 Criminal Code of 1961 where the victim was under 18 years of
25 age at the time of the commission of the offense.
26     (d) The court may impose an extended term sentence under

 

 

09500HB0035ham001 - 12 - LRB095 03678 RLC 33017 a

1 Section 5-8-2 upon any offender who was convicted of unlawful
2 use of weapons under Section 24-1 of the Criminal Code of 1961
3 for possessing a weapon that is not readily distinguishable as
4 one of the weapons enumerated in Section 24-1 of the Criminal
5 Code of 1961.
6 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
7 eff. 9-11-05; 94-819, eff. 5-31-06.)".