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Public Act 096-1390 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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) | ||||
(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
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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,
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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
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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
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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
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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,
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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:
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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;
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(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;
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(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 ; or . | ||
(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. | ||
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
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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
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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.
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(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.
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(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. | ||
(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 12-13, 12-14, | ||
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the | ||
victim of the offense is under 18 years of age at the time of | ||
the commission of the offense and, during the commission of the | ||
offense, the victim was under the influence of alcohol, | ||
regardless of whether or not the alcohol was supplied by the | ||
offender; and the offender, at the time of the commission of | ||
the offense, knew or should have known that the victim had | ||
consumed alcohol. | ||
(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.) |