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Public Act 096-1228
Public Act 1228 96TH GENERAL ASSEMBLY
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Public Act 096-1228
| | HB4738 Enrolled | LRB096 15978 RLC 31223 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 10. The Unified Code of Corrections is amended by | changing Section 5-5-3.2 as follows:
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| (Text of Section after amendment by P.A. 96-339) | 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 or Article 4.5 of Chapter V:
| (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;
| (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 the MR/DD | Community Care Act;
| (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; | (20) the defendant (i) committed the offense of | reckless homicide under Section 9-3 of the Criminal Code of | 1961 or the offense of driving under the influence of | alcohol, other drug or
drugs, intoxicating compound or | compounds or any combination thereof under Section 11-501 | of the Illinois Vehicle Code or a similar provision of a |
| local ordinance 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;
| (21) 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; | (22) the defendant committed the offense against a | person that the defendant knew, or reasonably should have | known, was a member of the Armed Forces of the United | States serving on active duty. For purposes of this clause | (22), the term "Armed Forces" means any of the Armed Forces | of the United States, including a member of any reserve | component thereof or National Guard unit called to active | duty;
| (23)
the defendant committed the offense against a | person who was elderly, disabled, or infirm by taking | advantage of a family or fiduciary relationship with the | elderly, disabled, or infirm person; or
| (24)
the defendant committed any offense under Section | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | more images;
or | (25) the defendant committed the offense while the |
| defendant or the victim was in a train, bus, or other | vehicle used for public transportation; . | (26) (25) the defendant committed the offense of child | pornography or aggravated child pornography, specifically | including paragraph (1), (2), (3), (4), (5), or (7) of | subsection (a) of Section 11-20.1 of the Criminal Code of | 1961 where a child engaged in, solicited for, depicted in, | or posed in any act of sexual penetration or bound, | fettered, or subject to sadistic, masochistic, or | sadomasochistic abuse in a sexual context and specifically | including paragraph (1), (2), (3), (4), (5), or (7) of | subsection (a) of Section 11-20.3 of the Criminal Code of | 1961 where a child engaged in, solicited for, depicted in, | or posed in any act of sexual penetration or bound, | fettered, or subject to sadistic, masochistic, or | sadomasochistic abuse in a sexual context; or . | (27) the defendant committed the offense of first | degree murder, assault, aggravated assault, battery, | aggravated battery, robbery, armed robbery, or aggravated | robbery against a person who was a veteran and the | defendant knew, or reasonably should have known, that the | person was a veteran performing duties as a representative | of a veterans' organization. For the purposes of this | paragraph (27), "veteran" means an Illinois resident who | has served as a member of the United States Armed Forces, a | member of the Illinois National Guard, or a member of the |
| United States Reserve Forces; and "veterans' organization" | means an organization comprised of members of
which | substantially all are individuals who are veterans or | spouses,
widows, or widowers of veterans, the primary | purpose of which is to
promote the welfare of its members | and to provide assistance to the general
public in such a | way as to confer a public benefit. | 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.
| "Public transportation" means the transportation
or | conveyance of persons by means available to the general public, | and includes paratransit services. | (b) The following factors, related to all felonies, 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 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
| (4) 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
| (5) 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
| (6) When a defendant is convicted of an offense | committed while using a firearm with a
laser sight attached | to it. For purposes of this paragraph, "laser sight"
has | the meaning ascribed to it in Section 24.6-5 of the | Criminal Code of
1961; or
| (7) 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
| (8) When a defendant commits any felony and the | defendant used, possessed, exercised control over, or |
| otherwise directed an animal to assault a law enforcement | officer engaged in the execution of his or her official | duties or in furtherance of the criminal activities of an | organized gang in which the defendant is engaged.
| (c) The following factors may be considered by the court as | reasons to impose an extended term sentence under Section 5-8-2 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | (1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred | within 10 years after the previous conviction, excluding | time spent in custody, and the charges are separately | brought and tried and arise out of different series of | acts. | (1.5) When a defendant is convicted of first degree | murder, after having been previously convicted of domestic | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | (720 ILCS 5/12-3.3) committed on the same victim or after | having been previously convicted of violation of an order | of protection (720 ILCS 5/12-30) in which the same victim | was the protected person. | (2) 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. | (3) When a defendant is convicted of aggravated | criminal sexual assault or criminal sexual assault, when | there is a finding 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. | (4) If the victim was under 18 years of age at the time | of the commission of the offense, when a defendant is | 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 (720 ILCS 5/12-14.1). | (5) When a defendant is convicted of a felony violation | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | 5/24-1) and there is a finding that the defendant is a | member of an organized gang. | (6) When a defendant was convicted of unlawful use of | weapons under Section 24-1 of the Criminal Code of 1961 | (720 ILCS 5/24-1) 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 (720 ILCS |
| 5/24-1). | (7) When a defendant is convicted of an offense | involving the illegal manufacture of a controlled | substance under Section 401 of the Illinois Controlled | Substances Act (720 ILCS 570/401), the illegal manufacture | of methamphetamine under Section 25 of the Methamphetamine | Control and Community Protection Act (720 ILCS 646/25), 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, "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.
| (d) 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.
| (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; |
| 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
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Effective Date: 1/1/2011
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