093_HB1577ham001

 










                                     LRB093 09477 RLC 12037 a

 1                    AMENDMENT TO HOUSE BILL 1577

 2        AMENDMENT NO.     .  Amend House Bill 1577  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5. The Unified Code of Corrections is amended by
 5    changing Section 5-5-3.2 as follows:

 6        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
 7        Sec. 5-5-3.2.  Factors in Aggravation.
 8        (a)  The  following  factors  shall be accorded weight in
 9    favor of imposing a term of imprisonment or may be considered
10    by the court as reasons to  impose  a  more  severe  sentence
11    under Section 5-8-1:
12             (1)  the  defendant's  conduct  caused or threatened
13        serious harm;
14             (2)  the   defendant   received   compensation   for
15        committing the offense;
16             (3)  the  defendant   has   a   history   of   prior
17        delinquency or criminal activity;
18             (4)  the  defendant,  by the duties of his office or
19        by his position, was obliged to  prevent  the  particular
20        offense committed or to bring the offenders committing it
21        to justice;
22             (5)  the defendant held public office at the time of
 
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 1        the  offense,  and  the offense related to the conduct of
 2        that office;
 3             (6)  the   defendant   utilized   his   professional
 4        reputation or position in the  community  to  commit  the
 5        offense,  or  to afford him an easier means of committing
 6        it;
 7             (7)  the sentence is necessary to deter others  from
 8        committing the same crime;
 9             (8)  the  defendant  committed the offense against a
10        person  60  years  of  age  or  older  or  such  person's
11        property;
12             (9)  the defendant committed the offense  against  a
13        person  who  is  physically  handicapped or such person's
14        property;
15             (10)  by reason of another  individual's  actual  or
16        perceived race, color, creed, religion, ancestry, gender,
17        sexual  orientation,  physical  or  mental disability, or
18        national origin,  the  defendant  committed  the  offense
19        against  (i)  the  person or property of that individual;
20        (ii) the person or  property  of  a  person  who  has  an
21        association with, is married to, or has a friendship with
22        the  other individual; or (iii) the person or property of
23        a relative (by blood or marriage) of a  person  described
24        in clause (i) or (ii).  For the purposes of this Section,
25        "sexual      orientation"      means     heterosexuality,
26        homosexuality, or bisexuality;
27             (11)  the offense took place in a place  of  worship
28        or  on  the  grounds  of  a place of worship, immediately
29        prior  to,  during  or  immediately   following   worship
30        services.   For  purposes of this subparagraph, "place of
31        worship"  shall  mean  any  church,  synagogue  or  other
32        building, structure or place used primarily for religious
33        worship;
34             (12)  the  defendant  was  convicted  of  a   felony
 
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 1        committed  while  he  was  released  on  bail  or his own
 2        recognizance pending trial for a  prior  felony  and  was
 3        convicted  of  such  prior  felony,  or the defendant was
 4        convicted of a felony committed while he  was  serving  a
 5        period  of probation, conditional discharge, or mandatory
 6        supervised release under subsection (d) of Section  5-8-1
 7        for a prior felony;
 8             (13)  the defendant committed or attempted to commit
 9        a  felony  while  he was wearing a bulletproof vest.  For
10        the purposes of this paragraph (13), a  bulletproof  vest
11        is  any  device  which  is  designed  for  the purpose of
12        protecting the wearer from bullets, shot or other  lethal
13        projectiles;
14             (14)  the  defendant  held  a  position  of trust or
15        supervision such as, but not limited to, family member as
16        defined in Section 12-12 of the Criminal  Code  of  1961,
17        teacher,  scout  leader, baby sitter, or day care worker,
18        in relation to a victim under 18 years of  age,  and  the
19        defendant  committed  an  offense in violation of Section
20        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
21        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
22        1961 against that victim;
23             (15)  the defendant committed an offense related  to
24        the activities of an organized gang.  For the purposes of
25        this factor, "organized gang" has the meaning ascribed to
26        it  in  Section  10  of  the Streetgang Terrorism Omnibus
27        Prevention Act;
28             (16)  the  defendant   committed   an   offense   in
29        violation  of  one  of  the following Sections while in a
30        school, regardless of the time of day or time of year; on
31        any conveyance owned, leased, or contracted by  a  school
32        to  transport  students  to  or  from  school or a school
33        related activity; on the real property of a school; or on
34        a public way within  1,000  feet  of  the  real  property
 
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 1        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
 2        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
 3        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
 4        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
 5        1961;
 6             (16.5)  the  defendant  committed  an   offense   in
 7        violation of one of the following Sections while in a day
 8        care  center,  regardless  of  the time of day or time of
 9        year;  on  the  real  property  of  a  day  care  center,
10        regardless of the time of day or time of year;  or  on  a
11        public  way  within  1,000  feet  of  the  real  property
12        comprising any day care center, regardless of the time of
13        day  or  time of year: Section 10-1, 10-2, 10-5, 11-15.1,
14        11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2,  12-4,  12-4.1,
15        12-4.2,  12-4.3,  12-6,  12-6.1,  12-13,  12-14, 12-14.1,
16        12-15, 12-16, 18-2, or 33A-2  of  the  Criminal  Code  of
17        1961;
18             (17)  the  defendant committed the offense by reason
19        of  any  person's  activity  as  a   community   policing
20        volunteer  or  to  prevent  any  person  from engaging in
21        activity as a  community  policing  volunteer.   For  the
22        purpose  of  this Section, "community policing volunteer"
23        has the meaning ascribed to it in Section  2-3.5  of  the
24        Criminal Code of 1961;
25             (18)  the  defendant  committed  the  offense  in  a
26        nursing home or on the real property comprising a nursing
27        home.   For the purposes of this paragraph (18), "nursing
28        home" means a skilled nursing or intermediate  long  term
29        care  facility that is subject to license by the Illinois
30        Department of Public Health under the Nursing  Home  Care
31        Act; or
32             (19)  the defendant was a federally licensed firearm
33        dealer  and  was  previously  convicted of a violation of
34        subsection  (a)  of  Section  3  of  the  Firearm  Owners
 
                            -5-      LRB093 09477 RLC 12037 a
 1        Identification Card Act and has now  committed  either  a
 2        felony  violation  of  the  Firearm Owners Identification
 3        Card Act or an act of armed violence while armed  with  a
 4        firearm.
 5        For the purposes of this Section:
 6        "School"  is defined as a public or private elementary or
 7    secondary school, community college, college, or university.
 8        "Day  care  center"  means  a  public  or  private  State
 9    certified and licensed day care center as defined in  Section
10    2.09  of  the  Child Care Act of 1969 that displays a sign in
11    plain view stating that the property is a day care center.
12        (b)  The following factors may be considered by the court
13    as reasons to impose an extended term sentence under  Section
14    5-8-2 upon any offender:
15             (1)  When  a  defendant  is convicted of any felony,
16        after having been previously convicted in Illinois or any
17        other jurisdiction of the same or similar class felony or
18        greater class felony, when such conviction  has  occurred
19        within  10 years after the previous conviction, excluding
20        time spent in custody, and such  charges  are  separately
21        brought  and  tried  and arise out of different series of
22        acts; or
23             (2)  When a defendant is convicted of any felony and
24        the court finds  that  the  offense  was  accompanied  by
25        exceptionally  brutal  or  heinous behavior indicative of
26        wanton cruelty; or
27             (3)  When a  defendant  is  convicted  of  voluntary
28        manslaughter,    second    degree   murder,   involuntary
29        manslaughter or reckless homicide in which the  defendant
30        has  been convicted of causing the death of more than one
31        individual; or
32             (4)  When a defendant is  convicted  of  any  felony
33        committed against:
34                  (i)  a person under 12 years of age at the time
 
                            -6-      LRB093 09477 RLC 12037 a
 1             of the offense or such person's property;
 2                  (ii)  a  person 60 years of age or older at the
 3             time of the offense or such person's property; or
 4                  (iii)  a person physically handicapped  at  the
 5             time of the offense or such person's property; or
 6             (5)  In   the  case  of  a  defendant  convicted  of
 7        aggravated criminal sexual  assault  or  criminal  sexual
 8        assault,  when  the  court finds that aggravated criminal
 9        sexual  assault  or  criminal  sexual  assault  was  also
10        committed on  the  same  victim  by  one  or  more  other
11        individuals,  and  the defendant voluntarily participated
12        in the crime with the knowledge of the  participation  of
13        the  others in the crime, and the commission of the crime
14        was part of a single course of conduct during which there
15        was no substantial change in the nature of  the  criminal
16        objective; or
17             (6)  When a defendant is convicted of any felony and
18        the  offense  involved  any  of  the  following  types of
19        specific misconduct committed  as  part  of  a  ceremony,
20        rite,  initiation,  observance,  performance, practice or
21        activity  of  any   actual   or   ostensible   religious,
22        fraternal, or social group:
23                  (i)  the  brutalizing or torturing of humans or
24             animals;
25                  (ii)  the theft of human corpses;
26                  (iii)  the kidnapping of humans;
27                  (iv)  the   desecration   of   any    cemetery,
28             religious,    fraternal,   business,   governmental,
29             educational, or other building or property; or
30                  (v)  ritualized abuse of a child; or
31             (7)  When a defendant is convicted of  first  degree
32        murder,   after   having  been  previously  convicted  in
33        Illinois of any offense listed under paragraph (c)(2)  of
34        Section  5-5-3,  when such conviction has occurred within
 
                            -7-      LRB093 09477 RLC 12037 a
 1        10 years after the previous  conviction,  excluding  time
 2        spent in custody, and such charges are separately brought
 3        and tried and arise out of different series of acts; or
 4             (8)  When a defendant is convicted of a felony other
 5        than  conspiracy  and the court finds that the felony was
 6        committed under an agreement with 2 or more other persons
 7        to commit that offense and the defendant, with respect to
 8        the other individuals, occupied a position of  organizer,
 9        supervisor,   financier,   or   any   other  position  of
10        management or leadership, and  the  court  further  finds
11        that   the   felony   committed  was  related  to  or  in
12        furtherance of the criminal activities  of  an  organized
13        gang or was motivated by the defendant's leadership in an
14        organized gang; or
15             (9)  When  a  defendant  is  convicted  of  a felony
16        violation of Section 24-1 of the Criminal  Code  of  1961
17        and  the court finds that the defendant is a member of an
18        organized gang; or
19             (10)  When a defendant committed the offense using a
20        firearm with a laser sight attached to it.  For  purposes
21        of  this  paragraph  (10),  "laser sight" has the meaning
22        ascribed to it in Section 24.6-5 of the Criminal Code  of
23        1961; or
24             (11)  When  a defendant who was at least 17 years of
25        age at the time of  the  commission  of  the  offense  is
26        convicted of a felony and has been previously adjudicated
27        a  delinquent  minor under the Juvenile Court Act of 1987
28        for an act that if committed by an adult would be a Class
29        X or Class 1 felony  when  the  conviction  has  occurred
30        within   10   years   after  the  previous  adjudication,
31        excluding time spent in custody; or
32             (12)  When a defendant commits an offense  involving
33        the  illegal  manufacture of a controlled substance under
34        Section 401 of the Illinois Controlled Substances Act  or
 
                            -8-      LRB093 09477 RLC 12037 a
 1        the  illegal  possession  of  explosives and an emergency
 2        response officer in the performance of his or her  duties
 3        is  killed  or  injured at the scene of the offense while
 4        responding to the emergency caused by the  commission  of
 5        the offense. In this paragraph (12), "emergency"  means a
 6        situation  in which a person's life, health, or safety is
 7        in jeopardy; and "emergency  response  officer"  means  a
 8        peace  officer,  community  policing  volunteer, fireman,
 9        emergency medical technician-ambulance, emergency medical
10        technician-intermediate,        emergency         medical
11        technician-paramedic,  ambulance  driver,  other  medical
12        assistance  or first aid personnel, or hospital emergency
13        room personnel.
14        (b-1)  For the purposes of this Section, "organized gang"
15    has the meaning ascribed to it in Section 10 of the  Illinois
16    Streetgang Terrorism Omnibus Prevention Act.
17        (c)  The court may impose an extended term sentence under
18    Section   5-8-2  upon  any  offender  who  was  convicted  of
19    aggravated criminal  sexual  assault  or  predatory  criminal
20    sexual  assault of a child under subsection (a)(1) of Section
21    12-14.1 of the Criminal Code of 1961  where  the  victim  was
22    under  18  years  of age at the time of the commission of the
23    offense.
24        (d)  The court may impose an extended term sentence under
25    Section 5-8-2 upon any offender who was convicted of unlawful
26    use of weapons under Section 24-1 of  the  Criminal  Code  of
27    1961   for   possessing   a   weapon   that  is  not  readily
28    distinguishable as one of the weapons enumerated  in  Section
29    24-1 of the Criminal Code of 1961.
30        (e)  The court may impose an extended term sentence under
31    Section  5-8-2  upon  an  offender  who has been convicted of
32    first degree murder when the  offender  has  previously  been
33    convicted  of domestic battery or aggravated domestic battery
34    committed against the murdered individual or  has  previously
 
                            -9-      LRB093 09477 RLC 12037 a
 1    been  convicted  of  violation  of  an order of protection in
 2    which the murdered individual was the protected person.
 3    (Source: P.A. 91-119,  eff.  1-1-00;  91-120,  eff.  7-15-99;
 4    91-252,  eff.  1-1-00;  91-267,  eff.  1-1-00;  91-268,  eff.
 5    1-1-00;  91-357,  eff.  7-29-99; 91-437, eff. 1-1-00; 91-696,
 6    eff. 4-13-00; 92-266, eff. 1-1-02.)".