Full Text of HB1289 095th General Assembly
HB1289enr 95TH GENERAL ASSEMBLY
|
|
|
HB1289 Enrolled |
|
LRB095 03583 RLC 23589 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 5. 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 |
| Sec. 5-5-3.2. Factors in Aggravation.
| 8 |
| (a) The following factors shall be accorded weight in favor | 9 |
| of
imposing a term of imprisonment or may be considered by the | 10 |
| court as reasons
to impose a more severe sentence under Section | 11 |
| 5-8-1:
| 12 |
| (1) the defendant's conduct caused or threatened | 13 |
| serious harm;
| 14 |
| (2) the defendant received compensation for committing | 15 |
| the offense;
| 16 |
| (3) the defendant has a history of prior delinquency or | 17 |
| criminal activity;
| 18 |
| (4) the defendant, by the duties of his office or by | 19 |
| his position,
was obliged to prevent the particular offense | 20 |
| committed or to bring
the offenders committing it to | 21 |
| justice;
| 22 |
| (5) the defendant held public office at the time of the | 23 |
| offense,
and the offense related to the conduct of that |
|
|
|
HB1289 Enrolled |
- 2 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| office;
| 2 |
| (6) the defendant utilized his professional reputation | 3 |
| or
position in the community to commit the offense, or to | 4 |
| afford
him an easier means of committing it;
| 5 |
| (7) the sentence is necessary to deter others from | 6 |
| committing
the same crime;
| 7 |
| (8) the defendant committed the offense against a | 8 |
| person 60 years of age
or older or such person's property;
| 9 |
| (9) the defendant committed the offense against a | 10 |
| person who is
physically handicapped or such person's | 11 |
| property;
| 12 |
| (10) by reason of another individual's actual or | 13 |
| perceived race, color,
creed, religion, ancestry, gender, | 14 |
| sexual orientation, physical or mental
disability, or | 15 |
| national origin, the defendant committed the offense | 16 |
| against (i)
the person or property
of that individual; (ii) | 17 |
| the person or property of a person who has an
association | 18 |
| with, is married to, or has a friendship with the other | 19 |
| individual;
or (iii) the person or property of a relative | 20 |
| (by blood or marriage) of a
person described in clause (i) | 21 |
| or (ii). For the purposes of this Section,
"sexual | 22 |
| orientation" means heterosexuality, homosexuality, or | 23 |
| bisexuality;
| 24 |
| (11) the offense took place in a place of worship or on | 25 |
| the
grounds of a place of worship, immediately prior to, | 26 |
| during or immediately
following worship services. For |
|
|
|
HB1289 Enrolled |
- 3 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| purposes of this subparagraph, "place of
worship" shall | 2 |
| mean any church, synagogue or other building, structure or
| 3 |
| place used primarily for religious worship;
| 4 |
| (12) the defendant was convicted of a felony committed | 5 |
| while he was
released on bail or his own recognizance | 6 |
| pending trial for a prior felony
and was convicted of such | 7 |
| prior felony, or the defendant was convicted of a
felony | 8 |
| committed while he was serving a period of probation,
| 9 |
| conditional discharge, or mandatory supervised release | 10 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 11 |
| (13) the defendant committed or attempted to commit a | 12 |
| felony while he
was wearing a bulletproof vest. For the | 13 |
| purposes of this paragraph (13), a
bulletproof vest is any | 14 |
| device which is designed for the purpose of
protecting the | 15 |
| wearer from bullets, shot or other lethal projectiles;
| 16 |
| (14) the defendant held a position of trust or | 17 |
| supervision such as, but
not limited to, family member as | 18 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 19 |
| teacher, scout leader, baby sitter, or day care worker, in
| 20 |
| relation to a victim under 18 years of age, and the | 21 |
| defendant committed an
offense in violation of Section | 22 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 23 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| 24 |
| against
that victim;
| 25 |
| (15) the defendant committed an offense related to the | 26 |
| activities of an
organized gang. For the purposes of this |
|
|
|
HB1289 Enrolled |
- 4 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| factor, "organized gang" has the
meaning ascribed to it in | 2 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 3 |
| Act;
| 4 |
| (16) the defendant committed an offense in violation of | 5 |
| one of the
following Sections while in a school, regardless | 6 |
| of the time of day or time of
year; on any conveyance | 7 |
| owned, leased, or contracted by a school to transport
| 8 |
| students to or from school or a school related activity; on | 9 |
| the real property
of a school; or on a public way within | 10 |
| 1,000 feet of the real property
comprising any school: | 11 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 12 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 13 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 14 |
| 33A-2 of the Criminal Code of
1961;
| 15 |
| (16.5) the defendant committed an offense in violation | 16 |
| of one of the
following Sections while in a day care | 17 |
| center, regardless of the time of day or
time of year; on | 18 |
| the real property of a day care center, regardless of the | 19 |
| time
of day or time of year; or on a public
way within | 20 |
| 1,000 feet of the real property comprising any day care | 21 |
| center,
regardless of the time of day or time of year:
| 22 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 23 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 24 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 25 |
| 33A-2 of the Criminal
Code of 1961;
| 26 |
| (17) the defendant committed the offense by reason of |
|
|
|
HB1289 Enrolled |
- 5 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| any person's
activity as a community policing volunteer or | 2 |
| to prevent any person from
engaging in activity as a | 3 |
| community policing volunteer. For the purpose of
this | 4 |
| Section, "community policing volunteer" has the meaning | 5 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 6 |
| 1961;
| 7 |
| (18) the defendant committed the offense in a nursing | 8 |
| home or on the
real
property comprising a nursing home. For | 9 |
| the purposes of this paragraph (18),
"nursing home" means a | 10 |
| skilled nursing
or intermediate long term care facility | 11 |
| that is subject to license by the
Illinois Department of | 12 |
| Public Health under the Nursing Home Care
Act;
| 13 |
| (19) the defendant was a federally licensed firearm | 14 |
| dealer
and
was
previously convicted of a violation of | 15 |
| subsection (a) of Section 3 of the
Firearm Owners | 16 |
| Identification Card Act and has now committed either a | 17 |
| felony
violation
of the Firearm Owners Identification Card | 18 |
| Act or an act of armed violence while
armed
with a firearm; | 19 |
| (20) the defendant (i) committed the offense of | 20 |
| reckless homicide under Section 9-3 of the Criminal Code of | 21 |
| 1961 or the offense of driving under the influence of | 22 |
| alcohol, other drug or
drugs, intoxicating compound or | 23 |
| compounds or any combination thereof under Section 11-501 | 24 |
| of the Illinois Vehicle Code or a similar provision of a | 25 |
| local ordinance and (ii) was operating a motor vehicle in | 26 |
| excess of 20 miles per hour over the posted speed limit as |
|
|
|
HB1289 Enrolled |
- 6 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| provided in Article VI of Chapter 11 of the Illinois | 2 |
| Vehicle Code; or
| 3 |
| (21) the defendant (i) committed the offense of | 4 |
| reckless driving or aggravated reckless driving under | 5 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 6 |
| operating a motor vehicle in excess of 20 miles per hour | 7 |
| over the posted speed limit as provided in Article VI of | 8 |
| Chapter 11 of the Illinois Vehicle Code ; or .
| 9 |
| (22) the defendant committed the offense against a | 10 |
| person who was elderly, disabled, or infirm by taking | 11 |
| advantage of a family or fiduciary relationship with the | 12 |
| elderly, disabled, or infirm person.
| 13 |
| For the purposes of this Section:
| 14 |
| "School" is defined as a public or private
elementary or | 15 |
| secondary school, community college, college, or university.
| 16 |
| "Day care center" means a public or private State certified | 17 |
| and
licensed day care center as defined in Section 2.09 of the | 18 |
| Child Care Act of
1969 that displays a sign in plain view | 19 |
| stating that the
property is a day care center.
| 20 |
| (b) The following factors may be considered by the court as
| 21 |
| reasons to impose an extended term sentence under Section 5-8-2
| 22 |
| upon any offender:
| 23 |
| (1) When a defendant is convicted of any felony, after | 24 |
| having
been previously convicted in Illinois or any other | 25 |
| jurisdiction of the
same or similar class felony or greater | 26 |
| class felony, when such conviction
has occurred within 10 |
|
|
|
HB1289 Enrolled |
- 7 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| years after the
previous conviction, excluding time spent | 2 |
| in custody, and such charges are
separately brought and | 3 |
| tried and arise out of different series of acts; or
| 4 |
| (2) When a defendant is convicted of any felony and the | 5 |
| court
finds that the offense was accompanied by | 6 |
| exceptionally brutal
or heinous behavior indicative of | 7 |
| wanton cruelty; or
| 8 |
| (3) When a defendant is convicted of voluntary | 9 |
| manslaughter, second
degree murder, involuntary | 10 |
| manslaughter or reckless homicide in which the
defendant | 11 |
| has been convicted of causing the death of more than one | 12 |
| individual; or
| 13 |
| (4) When a defendant is convicted of any felony | 14 |
| committed against:
| 15 |
| (i) a person under 12 years of age at the time of | 16 |
| the offense or such
person's property;
| 17 |
| (ii) a person 60 years of age or older at the time | 18 |
| of the offense or
such person's property; or
| 19 |
| (iii) a person physically handicapped at the time | 20 |
| of the offense or
such person's property; or
| 21 |
| (5) In the case of a defendant convicted of aggravated | 22 |
| criminal sexual
assault or criminal sexual assault, when | 23 |
| the court finds that
aggravated criminal sexual assault or | 24 |
| criminal sexual assault
was also committed on the same | 25 |
| victim by one or more other individuals,
and the defendant | 26 |
| voluntarily participated in the crime with the knowledge
of |
|
|
|
HB1289 Enrolled |
- 8 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| the participation of the others in the crime, and the | 2 |
| commission of the
crime was part of a single course of | 3 |
| conduct during which there was no
substantial change in the | 4 |
| nature of the criminal objective; or
| 5 |
| (6) When a defendant is convicted of any felony and the | 6 |
| offense
involved any of the following types of specific | 7 |
| misconduct committed as
part of a ceremony, rite, | 8 |
| initiation, observance, performance, practice or
activity | 9 |
| of any actual or ostensible religious, fraternal, or social | 10 |
| group:
| 11 |
| (i) the brutalizing or torturing of humans or | 12 |
| animals;
| 13 |
| (ii) the theft of human corpses;
| 14 |
| (iii) the kidnapping of humans;
| 15 |
| (iv) the desecration of any cemetery, religious, | 16 |
| fraternal, business,
governmental, educational, or | 17 |
| other building or property; or
| 18 |
| (v) ritualized abuse of a child; or
| 19 |
| (7) When a defendant is convicted of first degree | 20 |
| murder, after having
been previously convicted in Illinois | 21 |
| of any offense listed under paragraph
(c)(2) of Section | 22 |
| 5-5-3, when such conviction has occurred within 10 years
| 23 |
| after the previous conviction, excluding time spent in | 24 |
| custody,
and such charges are separately brought and tried | 25 |
| and arise out of
different series of acts; or
| 26 |
| (8) When a defendant is convicted of a felony other |
|
|
|
HB1289 Enrolled |
- 9 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| than conspiracy and
the court finds that
the felony was | 2 |
| committed under an agreement with 2 or more other persons
| 3 |
| to commit that offense and the defendant, with respect to | 4 |
| the other
individuals, occupied a position of organizer, | 5 |
| supervisor, financier, or any
other position of management | 6 |
| or leadership, and the court further finds that
the felony | 7 |
| committed was related to or in furtherance of the criminal
| 8 |
| activities of an organized gang or was motivated by the | 9 |
| defendant's leadership
in an organized gang; or
| 10 |
| (9) When a defendant is convicted of a felony violation | 11 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 12 |
| finds that the defendant is a member
of an organized gang; | 13 |
| or
| 14 |
| (10) When a defendant committed the offense using a | 15 |
| firearm with a
laser sight attached to it. For purposes of | 16 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 17 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
| 18 |
| (11) When a defendant who was at least 17 years of age | 19 |
| at the
time of
the commission of the offense is convicted | 20 |
| of a felony and has been previously
adjudicated a | 21 |
| delinquent minor under the Juvenile Court Act of 1987 for | 22 |
| an act
that if committed by an adult would be a Class X or | 23 |
| Class 1 felony when the
conviction has occurred within 10 | 24 |
| years after the previous adjudication,
excluding time | 25 |
| spent in custody; or
| 26 |
| (12) When a defendant commits an offense involving the |
|
|
|
HB1289 Enrolled |
- 10 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| illegal
manufacture of a controlled substance under | 2 |
| Section 401 of the Illinois
Controlled Substances Act, the | 3 |
| illegal manufacture of methamphetamine under Section 25 of | 4 |
| the Methamphetamine Control and Community Protection Act, | 5 |
| or the illegal possession of explosives and an
emergency | 6 |
| response
officer in
the performance of his or her duties is
| 7 |
| killed or injured at the scene of the offense while | 8 |
| responding to the
emergency caused by the commission of the | 9 |
| offense.
In this paragraph (12),
"emergency" means a | 10 |
| situation in which a person's life, health, or safety is
in | 11 |
| jeopardy; and
"emergency response officer" means a peace | 12 |
| officer, community policing
volunteer, fireman, emergency | 13 |
| medical
technician-ambulance, emergency medical | 14 |
| technician-intermediate, emergency
medical | 15 |
| technician-paramedic, ambulance
driver, other medical | 16 |
| assistance or first aid personnel, or hospital emergency
| 17 |
| room personnel; or
| 18 |
| (13) When a defendant commits any felony and the | 19 |
| defendant used, possessed, exercised control over, or | 20 |
| otherwise directed an animal to assault a law enforcement | 21 |
| officer engaged in the execution of his or her official | 22 |
| duties or in furtherance of the criminal activities of an | 23 |
| organized gang in which the defendant is engaged.
| 24 |
| (b-1) For the purposes of this Section, "organized gang" | 25 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 26 |
| Streetgang Terrorism Omnibus
Prevention Act.
|
|
|
|
HB1289 Enrolled |
- 11 - |
LRB095 03583 RLC 23589 b |
|
| 1 |
| (c) The court may impose an extended term sentence under | 2 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 3 |
| criminal sexual assault
or predatory criminal sexual assault of | 4 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 5 |
| Criminal Code of 1961
where the victim was under 18 years of | 6 |
| age at the time of the commission
of the offense.
| 7 |
| (d) The court may impose an extended term sentence under | 8 |
| Section 5-8-2 upon
any offender who was convicted of unlawful | 9 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 10 |
| for possessing a weapon that is not readily
distinguishable as | 11 |
| one of the weapons enumerated in Section 24-1 of the
Criminal | 12 |
| Code of 1961.
| 13 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 14 |
| eff. 9-11-05; 94-819, eff. 5-31-06.)
|
|