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92nd General Assembly

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Public Act 92-0266

HB0978 Enrolled                                LRB9204513RCcd

    AN ACT in relation to 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; 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.
    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.  90-14,  eff.  7-1-97;  90-651,  eff.  1-1-99;
90-686,  eff.  1-1-99;  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.)
    Passed in the General Assembly May 15, 2001.
    Approved August 07, 2001.

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