|
||||
Public Act 095-0362 |
||||
| ||||
| ||||
AN ACT concerning criminal 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 Section 5-5-3.2 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;
| ||
(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;
| ||
(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; or
| ||
(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 ; or . | ||
(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.
| ||
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, the | ||
illegal manufacture of methamphetamine under Section 25 of | ||
the Methamphetamine Control and Community Protection 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; or
| ||
(13) 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.
| ||
(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. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||
eff. 9-11-05; 94-819, eff. 5-31-06.)
|