Illinois General Assembly - Full Text of HB0035
Illinois General Assembly

Previous General Assemblies

Full Text of HB0035  95th General Assembly

HB0035eng 95TH GENERAL ASSEMBLY



 


 
HB0035 Engrossed LRB095 03678 RLC 23705 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 Criminal Code of 1961 is amended by adding
5 Section 12-3.5 as follows:
 
6     (720 ILCS 5/12-3.5 new)
7     Sec. 12-3.5. Aggravated domestic assault.
8     (a) A person commits aggravated domestic assault when, in
9 committing domestic assault, he or she knowingly or
10 intentionally uses a deadly weapon or any other device or
11 object that could cause substantial injury, or any device
12 manufactured and designed to be substantially similar in
13 appearance to a firearm, other than by discharging a firearm in
14 the direction of another person, against a family or household
15 member, as defined in subsection (3) of Section 112A-3 of the
16 Code of Criminal Procedure of 1963. A peace officer may arrest
17 a person for violation of this Section if the officer has
18 probable cause to believe that there is imminent danger of
19 physical harm to the non-aggressor.
20     (b) Sentence. Aggravated domestic assault is a Class A
21 misdemeanor. Aggravated domestic assault is a Class 4 felony if
22 the defendant has any prior conviction for domestic assault,
23 aggravated domestic assault, domestic damage to property,

 

 

HB0035 Engrossed - 2 - LRB095 03678 RLC 23705 b

1 domestic battery, or aggravated domestic battery.
2     (c) This Section does not apply to a parent or guardian
3 while exercising parental discipline over a child under his or
4 her custody.
 
5     Section 10. The Unified Code of Corrections is amended by
6 changing Section 5-5-3.2 as follows:
 
7     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
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:
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
24     offense, and the offense related to the conduct of that

 

 

HB0035 Engrossed - 3 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 4 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 5 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 6 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 7 - LRB095 03678 RLC 23705 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 aggravated domestic
10     assault and has a prior conviction for domestic assault,
11     aggravated domestic assault, domestic damage to property,
12     domestic battery, or aggravated domestic battery.
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

 

 

HB0035 Engrossed - 8 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 9 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 10 - LRB095 03678 RLC 23705 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

 

 

HB0035 Engrossed - 11 - LRB095 03678 RLC 23705 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.

 

 

HB0035 Engrossed - 12 - LRB095 03678 RLC 23705 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.)