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90_HB2386
720 ILCS 5/2-13 from Ch. 38, par. 2-13
720 ILCS 5/12-6.2
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
Amends the Criminal Code of 1961. Includes in the
definition of a "peace officer" a person participating in a
community policing program for the purposes of the statutes
relating to a peace officer's use of force in making an
arrest, first degree murder, aggravated assault, aggravated
battery, aggravated battery with a firearm, aggravated
intimidation, and aggravated discharge of a firearm.
Provides that for the purposes of these various criminal
offenses, a person participating in community policing is
executing official duties. Amends the Unified Code of
Corrections. Provides that it is an aggravating factor in
sentencing that the defendant committed the offense against a
person because of that person's participation in a community
policing program.
LRB9007575RCksA
LRB9007575RCksA
1 AN ACT in relation to community policing, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 2-13 and 12-6.2 as follows:
7 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
8 Sec. 2-13. "Peace officer". "Peace officer" means any
9 person who by virtue of his office or public employment is
10 vested by law with a duty to maintain public order or to make
11 arrests for offenses, whether that duty extends to all
12 offenses or is limited to specific offenses.
13 For purposes of Sections concerning unlawful use of
14 weapons, for the purposes of assisting an Illinois peace
15 officer in an arrest, or when the commission of a felony
16 under Illinois law is directly observed by the person, then
17 officers, agents or employees of the federal government
18 commissioned by federal statute to make arrests for
19 violations of federal criminal laws shall be considered
20 "peace officers" under this Code, including, but not limited
21 to all criminal investigators of:
22 (1) The United States Department of Justice, The Federal
23 Bureau of Investigation, The Drug Enforcement Agency and The
24 Department of Immigration and Naturalization;
25 (2) The United States Department of the Treasury, The
26 Secret Service, The Bureau of Alcohol, Tobacco and Firearms
27 and The Customs Service;
28 (3) The United States Internal Revenue Service;
29 (4) The United States General Services Administration;
30 (5) The United States Postal Service; and
31 (6) all United States Marshalls or Deputy United States
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1 Marshalls whose duties involve the enforcement of federal
2 criminal laws.
3 For the purposes of Sections 7-5, 9-1, 12-2, 12-4,
4 12-4.2, 12-6.2, and 24-1.2 of this Code, the term "peace
5 officer" includes any person summoned or directed by a peace
6 officer or any person participating in a community policing
7 program. For the purposes of this Section, "community
8 policing program" means any plan, system, or strategy
9 established by and conducted under the auspices of a law
10 enforcement agency in which citizens acting under the
11 guidance or direction of the law enforcement agency work with
12 members of that agency to reduce or prevent crime within a
13 defined geographic area. For the purposes of Sections 9-1,
14 12-2, 12-4, 12-4.2, 12-6.2, and 24-1.2 of this Code, a person
15 participating in a community policing program is engaged in
16 executing "official duties" when that person is performing
17 any work or duties that are prescribed by, guided by, or
18 directed by members of the law enforcement agency with which
19 he or she is working to prevent or reduce crime within the
20 defined geographic area.
21 (Source: P.A. 88-677, eff. 12-15-94.)
22 (720 ILCS 5/12-6.2)
23 Sec. 12-6.2. Aggravated intimidation.
24 (a) A person commits the offense of aggravated
25 intimidation when he or she commits the offense of
26 intimidation and:
27 (1) the person committed the offense in furtherance
28 of the activities of an organized gang or by the person's
29 membership in or allegiance to an organized gang; or
30 (2) the following conditions are met:
31 (A) the person knew that the victim was: (i) a
32 peace officer, (ii) a person summoned or directed by
33 a peace officer, (iii) a correctional institution
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1 employee, or (iv) a fireman; and
2 (B) the offense was committed: (i) while the
3 victim was engaged in the execution of his or her
4 official duties; or (ii) to prevent the victim from
5 performing his or her official duties; or (iii) in
6 retaliation for the victim's performance of his or
7 her official duties. Any streetgang member who
8 commits the offense of intimidation in furtherance
9 of the activities of an organized gang commits the
10 offense of aggravated intimidation.
11 (b) Sentence. Aggravated intimidation is a Class 1
12 felony.
13 (c) For the purposes of this Section, "streetgang",
14 "streetgang steetgang member", and "organized gang" have the
15 meanings ascribed to them in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 5-5-3.2 as follows:
20 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
21 Sec. 5-5-3.2. Factors in Aggravation.
22 (a) The following factors shall be accorded weight in
23 favor of imposing a term of imprisonment or may be considered
24 by the court as reasons to impose a more severe sentence
25 under Section 5-8-1:
26 (1) the defendant's conduct caused or threatened
27 serious harm;
28 (2) the defendant received compensation for
29 committing the offense;
30 (3) the defendant has a history of prior
31 delinquency or criminal activity;
32 (4) the defendant, by the duties of his office or
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1 by his position, was obliged to prevent the particular
2 offense committed or to bring the offenders committing it
3 to justice;
4 (5) the defendant held public office at the time of
5 the offense, and the offense related to the conduct of
6 that office;
7 (6) the defendant utilized his professional
8 reputation or position in the community to commit the
9 offense, or to afford him an easier means of committing
10 it;
11 (7) the sentence is necessary to deter others from
12 committing the same crime;
13 (8) the defendant committed the offense against a
14 person 60 years of age or older or such person's
15 property;
16 (9) the defendant committed the offense against a
17 person who is physically handicapped or such person's
18 property;
19 (10) by reason of another individual's actual or
20 perceived race, color, creed, religion, ancestry, gender,
21 sexual orientation, physical or mental disability, or
22 national origin, the defendant committed the offense
23 against (i) the person or property of that individual;
24 (ii) the person or property of a person who has an
25 association with, is married to, or has a friendship with
26 the other individual; or (iii) the person or property of
27 a relative (by blood or marriage) of a person described
28 in clause (i) or (ii). For the purposes of this Section,
29 "sexual orientation" means heterosexuality,
30 homosexuality, or bisexuality;
31 (11) the offense took place in a place of worship
32 or on the grounds of a place of worship, immediately
33 prior to, during or immediately following worship
34 services. For purposes of this subparagraph, "place of
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1 worship" shall mean any church, synagogue or other
2 building, structure or place used primarily for religious
3 worship;
4 (12) the defendant was convicted of a felony
5 committed while he was released on bail or his own
6 recognizance pending trial for a prior felony and was
7 convicted of such prior felony, or the defendant was
8 convicted of a felony committed while he was serving a
9 period of probation, conditional discharge, or mandatory
10 supervised release under subsection (d) of Section 5-8-1
11 for a prior felony;
12 (13) the defendant committed or attempted to commit
13 a felony while he was wearing a bulletproof vest. For
14 the purposes of this paragraph (13), a bulletproof vest
15 is any device which is designed for the purpose of
16 protecting the wearer from bullets, shot or other lethal
17 projectiles;
18 (14) the defendant held a position of trust or
19 supervision such as, but not limited to, family member as
20 defined in Section 12-12 of the Criminal Code of 1961,
21 teacher, scout leader, baby sitter, or day care worker,
22 in relation to a victim under 18 years of age, and the
23 defendant committed an offense in violation of Section
24 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
25 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
26 1961 against that victim;
27 (15) the defendant committed an offense related to
28 the activities of an organized gang. For the purposes of
29 this factor, "organized gang" has the meaning ascribed to
30 it in Section 10 of the Streetgang Terrorism Omnibus
31 Prevention Act;
32 (16) the defendant committed an offense in
33 violation of one of the following Sections while in a
34 school, regardless of the time of day or time of year; on
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1 any conveyance owned, leased, or contracted by a school
2 to transport students to or from school or a school
3 related activity; on the real property of a school; or on
4 a public way within 1,000 feet of the real property
5 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
6 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
7 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
8 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
9 1961;.
10 (17) the defendant committed the offense against a
11 person because of that person's participation in a
12 community policing program. For the purposes of this
13 paragraph (17), "community policing program" has the
14 meaning ascribed to it in Section 2-13 of the Criminal
15 Code of 1961.
16 For the purposes of this Section, "school" is defined as
17 a public or private elementary or secondary school, community
18 college, college, or university.
19 (b) The following factors may be considered by the court
20 as reasons to impose an extended term sentence under Section
21 5-8-2 upon any offender:
22 (1) When a defendant is convicted of any felony,
23 after having been previously convicted in Illinois or any
24 other jurisdiction of the same or similar class felony or
25 greater class felony, when such conviction has occurred
26 within 10 years after the previous conviction, excluding
27 time spent in custody, and such charges are separately
28 brought and tried and arise out of different series of
29 acts; or
30 (2) When a defendant is convicted of any felony and
31 the court finds that the offense was accompanied by
32 exceptionally brutal or heinous behavior indicative of
33 wanton cruelty; or
34 (3) When a defendant is convicted of voluntary
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1 manslaughter, second degree murder, involuntary
2 manslaughter or reckless homicide in which the defendant
3 has been convicted of causing the death of more than one
4 individual; or
5 (4) When a defendant is convicted of any felony
6 committed against:
7 (i) a person under 12 years of age at the time
8 of the offense or such person's property;
9 (ii) a person 60 years of age or older at the
10 time of the offense or such person's property; or
11 (iii) a person physically handicapped at the
12 time of the offense or such person's property; or
13 (5) In the case of a defendant convicted of
14 aggravated criminal sexual assault or criminal sexual
15 assault, when the court finds that aggravated criminal
16 sexual assault or criminal sexual assault was also
17 committed on the same victim by one or more other
18 individuals, and the defendant voluntarily participated
19 in the crime with the knowledge of the participation of
20 the others in the crime, and the commission of the crime
21 was part of a single course of conduct during which there
22 was no substantial change in the nature of the criminal
23 objective; or
24 (6) When a defendant is convicted of any felony and
25 the offense involved any of the following types of
26 specific misconduct committed as part of a ceremony,
27 rite, initiation, observance, performance, practice or
28 activity of any actual or ostensible religious,
29 fraternal, or social group:
30 (i) the brutalizing or torturing of humans or
31 animals;
32 (ii) the theft of human corpses;
33 (iii) the kidnapping of humans;
34 (iv) the desecration of any cemetery,
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1 religious, fraternal, business, governmental,
2 educational, or other building or property; or
3 (v) ritualized abuse of a child; or
4 (7) When a defendant is convicted of first degree
5 murder, after having been previously convicted in
6 Illinois of any offense listed under paragraph (c)(2) of
7 Section 5-5-3, when such conviction has occurred within
8 10 years after the previous conviction, excluding time
9 spent in custody, and such charges are separately brought
10 and tried and arise out of different series of acts; or
11 (8) 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
17 management or leadership, and the court further finds
18 that the felony committed was related to or in
19 furtherance of the criminal activities of an organized
20 gang or was motivated by the defendant's leadership in an
21 organized gang; or
22 (9) When a defendant is convicted of a felony
23 violation of Section 24-1 of the Criminal Code of 1961
24 and the court finds that the defendant is a member of an
25 organized gang.
26 (b-1) For the purposes of this Section, "organized gang"
27 has the meaning ascribed to it in Section 10 of the Illinois
28 Streetgang Terrorism Omnibus Prevention Act.
29 (c) The court may impose an extended term sentence under
30 Section 5-8-2 upon any offender who was convicted of
31 aggravated criminal sexual assault where the victim was under
32 18 years of age at the time of the commission of the offense.
33 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
34 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
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1 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)