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Public Act 094-0375
Public Act 0375 94TH GENERAL ASSEMBLY
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Public Act 094-0375
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| HB3648 Enrolled |
LRB094 11229 DRH 41956 b |
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| AN ACT concerning driving offenses, which may be referred | to as Matt's Law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Sections 5-5-3.2 and 5-6-1 as follows:
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| Sec. 5-5-3.2. Factors in Aggravation.
| (a) The following factors shall be accorded weight in favor | of
imposing a term of imprisonment or may be considered by the | court as reasons
to impose a more severe sentence under Section | 5-8-1:
| (1) the defendant's conduct caused or threatened | serious harm;
| (2) the defendant received compensation for committing | the offense;
| (3) the defendant has a history of prior delinquency or | criminal activity;
| (4) the defendant, by the duties of his office or by | his position,
was obliged to prevent the particular offense | committed or to bring
the offenders committing it to | justice;
| (5) the defendant held public office at the time of the | offense,
and the offense related to the conduct of that | office;
| (6) the defendant utilized his professional reputation | or
position in the community to commit the offense, or to | afford
him an easier means of committing it;
| (7) the sentence is necessary to deter others from | committing
the same crime;
| (8) the defendant committed the offense against a | person 60 years of age
or older or such person's property;
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| (9) the defendant committed the offense against a | person who is
physically handicapped or such person's | property;
| (10) by reason of another individual's actual or | perceived race, color,
creed, religion, ancestry, gender, | sexual orientation, physical or mental
disability, or | national origin, the defendant committed the offense | against (i)
the person or property
of that individual; (ii) | the person or property of a person who has an
association | with, is married to, or has a friendship with the other | individual;
or (iii) the person or property of a relative | (by blood or marriage) of a
person described in clause (i) | or (ii). For the purposes of this Section,
"sexual | orientation" means heterosexuality, homosexuality, or | bisexuality;
| (11) the offense took place in a place of worship or on | the
grounds of a place of worship, immediately prior to, | during or immediately
following worship services. For | purposes of this subparagraph, "place of
worship" shall | mean any church, synagogue or other building, structure or
| place used primarily for religious worship;
| (12) the defendant was convicted of a felony committed | while he was
released on bail or his own recognizance | pending trial for a prior felony
and was convicted of such | prior felony, or the defendant was convicted of a
felony | committed while he was serving a period of probation,
| conditional discharge, or mandatory supervised release | under subsection (d)
of Section 5-8-1
for a prior felony;
| (13) the defendant committed or attempted to commit a | felony while he
was wearing a bulletproof vest. For the | purposes of this paragraph (13), a
bulletproof vest is any | device which is designed for the purpose of
protecting the | wearer from bullets, shot or other lethal projectiles;
| (14) the defendant held a position of trust or | supervision such as, but
not limited to, family member as | defined in Section 12-12 of the Criminal Code
of 1961, |
| teacher, scout leader, baby sitter, or day care worker, in
| relation to a victim under 18 years of age, and the | defendant committed an
offense in violation of Section | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| against
that victim;
| (15) the defendant committed an offense related to the | activities of an
organized gang. For the purposes of this | factor, "organized gang" has the
meaning ascribed to it in | Section 10 of the Streetgang Terrorism Omnibus
Prevention | Act;
| (16) the defendant committed an offense in violation of | one of the
following Sections while in a school, regardless | of the time of day or time of
year; on any conveyance | owned, leased, or contracted by a school to transport
| students to or from school or a school related activity; on | the real property
of a school; or on a public way within | 1,000 feet of the real property
comprising any school: | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 33A-2 of the Criminal Code of
1961;
| (16.5) the defendant committed an offense in violation | of one of the
following Sections while in a day care | center, regardless of the time of day or
time of year; on | the real property of a day care center, regardless of the | time
of day or time of year; or on a public
way within | 1,000 feet of the real property comprising any day care | center,
regardless of the time of day or time of year:
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 33A-2 of the Criminal
Code of 1961;
| (17) the defendant committed the offense by reason of | any person's
activity as a community policing volunteer or | to prevent any person from
engaging in activity as a |
| community policing volunteer. For the purpose of
this | Section, "community policing volunteer" has the meaning | ascribed to it in
Section 2-3.5 of the Criminal Code of | 1961;
| (18) the defendant committed the offense in a nursing | home or on the
real
property comprising a nursing home. For | the purposes of this paragraph (18),
"nursing home" means a | skilled nursing
or intermediate long term care facility | that is subject to license by the
Illinois Department of | Public Health under the Nursing Home Care
Act; or
| (19) the defendant was a federally licensed firearm | dealer
and
was
previously convicted of a violation of | subsection (a) of Section 3 of the
Firearm Owners | Identification Card Act and has now committed either a | felony
violation
of the Firearm Owners Identification Card | Act or an act of armed violence while
armed
with a firearm; | or
.
| (20) the defendant (i) committed the offense of | reckless driving or aggravated reckless driving under | Section 11-503 of the Illinois Vehicle Code and (ii) was | operating a motor vehicle in excess of 20 miles per hour | over the posted speed limit as provided in Article VI of | Chapter 11 of the Illinois Vehicle Code.
| For the purposes of this Section:
| "School" is defined as a public or private
elementary or | secondary school, community college, college, or university.
| "Day care center" means a public or private State certified | and
licensed day care center as defined in Section 2.09 of the | Child Care Act of
1969 that displays a sign in plain view | stating that the
property is a day care center.
| (b) The following factors may be considered by the court as
| reasons to impose an extended term sentence under Section 5-8-2
| upon any offender:
| (1) When a defendant is convicted of any felony, after | having
been previously convicted in Illinois or any other | jurisdiction of the
same or similar class felony or greater |
| class felony, when such conviction
has occurred within 10 | years after the
previous conviction, excluding time spent | in custody, and such charges are
separately brought and | tried and arise out of different series of acts; or
| (2) When a defendant is convicted of any felony and the | court
finds that the offense was accompanied by | exceptionally brutal
or heinous behavior indicative of | wanton cruelty; or
| (3) When a defendant is convicted of voluntary | manslaughter, second
degree murder, involuntary | manslaughter or reckless homicide in which the
defendant | has been convicted of causing the death of more than one | individual; or
| (4) When a defendant is convicted of any felony | committed against:
| (i) a person under 12 years of age at the time of | the offense or such
person's property;
| (ii) a person 60 years of age or older at the time | of the offense or
such person's property; or
| (iii) a person physically handicapped at the time | of the offense or
such person's property; or
| (5) In the case of a defendant convicted of aggravated | criminal sexual
assault or criminal sexual assault, when | the court finds that
aggravated criminal sexual assault or | criminal sexual assault
was also committed on the same | victim by one or more other individuals,
and the defendant | voluntarily participated in the crime with the knowledge
of | the participation of the others in the crime, and the | commission of the
crime was part of a single course of | conduct during which there was no
substantial change in the | nature of the criminal objective; or
| (6) When a defendant is convicted of any felony and the | offense
involved any of the following types of specific | misconduct committed as
part of a ceremony, rite, | initiation, observance, performance, practice or
activity | of any actual or ostensible religious, fraternal, or social |
| group:
| (i) the brutalizing or torturing of humans or | animals;
| (ii) the theft of human corpses;
| (iii) the kidnapping of humans;
| (iv) the desecration of any cemetery, religious, | fraternal, business,
governmental, educational, or | other building or property; or
| (v) ritualized abuse of a child; or
| (7) When a defendant is convicted of first degree | murder, after having
been previously convicted in Illinois | of any offense listed under paragraph
(c)(2) of Section | 5-5-3, when such conviction has occurred within 10 years
| after the previous conviction, excluding time spent in | custody,
and such charges are separately brought and tried | and arise out of
different series of acts; or
| (8) When a defendant is convicted of a felony other | than conspiracy and
the court finds that
the felony was | committed under an agreement with 2 or more other persons
| to commit that offense and the defendant, with respect to | the other
individuals, occupied a position of organizer, | supervisor, financier, or any
other position of management | or leadership, and the court further finds that
the felony | committed was related to or in furtherance of the criminal
| activities of an organized gang or was motivated by the | defendant's leadership
in an organized gang; or
| (9) When a defendant is convicted of a felony violation | of Section 24-1
of the Criminal Code of 1961 and the court | finds that the defendant is a member
of an organized gang; | or
| (10) When a defendant committed the offense using a | firearm with a
laser sight attached to it. For purposes of | this paragraph (10), "laser sight"
has the meaning ascribed | to it in Section 24.6-5 of the Criminal Code of
1961; or
| (11) When a defendant who was at least 17 years of age | at the
time of
the commission of the offense is convicted |
| of a felony and has been previously
adjudicated a | delinquent minor under the Juvenile Court Act of 1987 for | an act
that if committed by an adult would be a Class X or | Class 1 felony when the
conviction has occurred within 10 | years after the previous adjudication,
excluding time | spent in custody; or
| (12) When a defendant commits an offense involving the | illegal
manufacture of a controlled substance under | Section 401 of the Illinois
Controlled Substances Act or | the illegal possession of explosives and an
emergency | response
officer in
the performance of his or her duties is
| killed or injured at the scene of the offense while | responding to the
emergency caused by the commission of the | offense.
In this paragraph (12),
"emergency" means a | situation in which a person's life, health, or safety is
in | jeopardy; and
"emergency response officer" means a peace | officer, community policing
volunteer, fireman, emergency | medical
technician-ambulance, emergency medical | technician-intermediate, emergency
medical | technician-paramedic, ambulance
driver, other medical | assistance or first aid personnel, or hospital emergency
| room personnel.
| (b-1) For the purposes of this Section, "organized gang" | has the meaning
ascribed to it in Section 10 of the Illinois | Streetgang Terrorism Omnibus
Prevention Act.
| (c) The court may impose an extended term sentence under | Section 5-8-2
upon any offender who was convicted of aggravated | criminal sexual assault
or predatory criminal sexual assault of | a child under subsection (a)(1) of
Section 12-14.1 of
the | Criminal Code of 1961
where the victim was under 18 years of | age at the time of the commission
of the offense.
| (d) The court may impose an extended term sentence under | Section 5-8-2 upon
any offender who was convicted of unlawful | use of weapons under Section 24-1 of
the Criminal Code of 1961 | for possessing a weapon that is not readily
distinguishable as | one of the weapons enumerated in Section 24-1 of the
Criminal |
| Code of 1961.
| (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | 91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | 91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | 4-13-00; 92-266, eff. 1-1-02.)
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| Sec. 5-6-1. Sentences of Probation and of Conditional
| Discharge and Disposition of Supervision.
The General Assembly | finds that in order to protect the public, the
criminal justice | system must compel compliance with the conditions of probation
| by responding to violations with swift, certain and fair | punishments and
intermediate sanctions. The Chief Judge of each | circuit shall adopt a system of
structured, intermediate | sanctions for violations of the terms and conditions
of a | sentence of probation, conditional discharge or disposition of
| supervision.
| (a) Except where specifically prohibited by other
| provisions of this Code, the court shall impose a sentence
of | probation or conditional discharge upon an offender
unless, | having regard to the nature and circumstance of
the offense, | and to the history, character and condition
of the offender, | the court is of the opinion that:
| (1) his imprisonment or periodic imprisonment is | necessary
for the protection of the public; or
| (2) probation or conditional discharge would deprecate
| the seriousness of the offender's conduct and would be
| inconsistent with the ends of justice; or
| (3) a combination of imprisonment with concurrent or | consecutive probation when an offender has been admitted | into a drug court program under Section 20 of the Drug | Court Treatment Act is necessary for the protection of the | public and for the rehabilitation of the offender.
| The court shall impose as a condition of a sentence of | probation,
conditional discharge, or supervision, that the | probation agency may invoke any
sanction from the list of |
| intermediate sanctions adopted by the chief judge of
the | circuit court for violations of the terms and conditions of the | sentence of
probation, conditional discharge, or supervision, | subject to the provisions of
Section 5-6-4 of this Act.
| (b) The court may impose a sentence of conditional
| discharge for an offense if the court is of the opinion
that | neither a sentence of imprisonment nor of periodic
imprisonment | nor of probation supervision is appropriate.
| (b-1) Subsections (a) and (b) of this Section do not apply | to a defendant charged with a misdemeanor or felony under the | Illinois Vehicle Code or reckless homicide under Section 9-3 of | the Criminal Code of 1961 if the defendant within the past 12 | months has been convicted of or pleaded guilty to a misdemeanor | or felony under the Illinois Vehicle Code or reckless homicide | under Section 9-3 of the Criminal Code of 1961.
| (c) The court may, upon a plea of guilty or a stipulation
| by the defendant of the facts supporting the charge or a
| finding of guilt, defer further proceedings and the
imposition | of a sentence, and enter an order for supervision of the | defendant,
if the defendant is not charged with: (i) a Class A | misdemeanor, as
defined by the following provisions of the | Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | (1) through (5), (8), (10), and (11) of subsection (a) of | Section
24-1; (ii) a Class A misdemeanor violation of Section
| 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | (iii)
felony.
If the defendant
is not barred from receiving an | order for supervision as provided in this
subsection, the court | may enter an order for supervision after considering the
| circumstances of the offense, and the history,
character and | condition of the offender, if the court is of the opinion
that:
| (1) the offender is not likely to commit further | crimes;
| (2) the defendant and the public would be best served | if the
defendant were not to receive a criminal record; and
| (3) in the best interests of justice an order of |
| supervision
is more appropriate than a sentence otherwise | permitted under this Code.
| (d) The provisions of paragraph (c) shall not apply to a | defendant charged
with violating Section 11-501 of the Illinois | Vehicle Code or a similar
provision of a local
ordinance when | the defendant has previously been:
| (1) convicted for a violation of Section 11-501 of
the | Illinois Vehicle
Code or a similar provision of a
local | ordinance or any similar law or ordinance of another state; | or
| (2) assigned supervision for a violation of Section | 11-501 of the Illinois
Vehicle Code or a similar provision | of a local ordinance or any similar law
or ordinance of | another state; or
| (3) pleaded guilty to or stipulated to the facts | supporting
a charge or a finding of guilty to a violation | of Section 11-503 of the
Illinois Vehicle Code or a similar | provision of a local ordinance or any
similar law or | ordinance of another state, and the
plea or stipulation was | the result of a plea agreement.
| The court shall consider the statement of the prosecuting
| authority with regard to the standards set forth in this | Section.
| (e) The provisions of paragraph (c) shall not apply to a | defendant
charged with violating Section 16A-3 of the Criminal | Code of 1961 if said
defendant has within the last 5 years | been:
| (1) convicted for a violation of Section 16A-3 of the | Criminal Code of
1961; or
| (2) assigned supervision for a violation of Section | 16A-3 of the Criminal
Code of 1961.
| The court shall consider the statement of the prosecuting | authority with
regard to the standards set forth in this | Section.
| (f) The provisions of paragraph (c) shall not apply to a | defendant
charged with violating Sections 15-111, 15-112, |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | Section 11-1414
of the Illinois Vehicle Code or a similar | provision of a local ordinance.
| (g) Except as otherwise provided in paragraph (i) of this | Section, the
provisions of paragraph (c) shall not apply to a
| defendant charged with violating Section
3-707, 3-708, 3-710, | or 5-401.3
of the Illinois Vehicle Code or a similar provision | of a local ordinance if the
defendant has within the last 5 | years been:
| (1) convicted for a violation of Section 3-707, 3-708, | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | provision of a local
ordinance; or
| (2) assigned supervision for a violation of Section | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | Code or a similar provision of a local
ordinance.
| The court shall consider the statement of the prosecuting | authority with
regard to the standards set forth in this | Section.
| (h) The provisions of paragraph (c) shall not apply to a | defendant under
the age of 21 years charged with violating a | serious traffic offense as defined
in Section 1-187.001 of the | Illinois Vehicle Code:
| (1) unless the defendant, upon payment of the fines, | penalties, and costs
provided by law, agrees to attend and | successfully complete a traffic safety
program approved by | the court under standards set by the Conference of Chief
| Circuit Judges. The accused shall be responsible for | payment of any traffic
safety program fees. If the accused | fails to file a certificate of
successful completion on or | before the termination date of the supervision
order, the | supervision shall be summarily revoked and conviction | entered. The
provisions of Supreme Court Rule 402 relating | to pleas of guilty do not apply
in cases when a defendant | enters a guilty plea under this provision; or
| (2) if the defendant has previously been sentenced | under the provisions of
paragraph (c) on or after January |
| 1, 1998 for any serious traffic offense as
defined in | Section 1-187.001 of the Illinois Vehicle Code.
| (i) The provisions of paragraph (c) shall not apply to a | defendant charged
with violating Section 3-707 of the Illinois | Vehicle Code or a similar
provision of a local ordinance if the | defendant has been assigned supervision
for a violation of | Section 3-707 of the Illinois Vehicle Code or a similar
| provision of a local ordinance.
| (j) The provisions of paragraph (c) shall not apply to a
| defendant charged with violating
Section 6-303 of the Illinois | Vehicle Code or a similar provision of
a local ordinance when | the revocation or suspension was for a violation of
Section | 11-501 or a similar provision of a local ordinance, a violation | of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | Illinois Vehicle
Code, or a violation of Section 9-3 of the | Criminal Code of 1961 if the
defendant has within the last 10 | years been:
| (1) convicted for a violation of Section 6-303 of the | Illinois Vehicle
Code or a similar provision of a local | ordinance; or
| (2) assigned supervision for a violation of Section | 6-303 of the Illinois
Vehicle Code or a similar provision | of a local ordinance.
| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
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Effective Date: 1/1/2006
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