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Full Text of HB0303  100th General Assembly

HB0303 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0303

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3.2

    Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed the offense of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of the Illinois Vehicle Code or a similar provision of a local ordinance and the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices.


LRB100 05313 RLC 15324 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0303LRB100 05313 RLC 15324 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3.2 as follows:
 
6    (730 ILCS 5/5-5-3.2)
7    Sec. 5-5-3.2. Factors in aggravation and extended-term
8sentencing.
9    (a) The following factors shall be accorded weight in favor
10of imposing a term of imprisonment or may be considered by the
11court as reasons to impose a more severe sentence under Section
125-8-1 or Article 4.5 of Chapter V:
13        (1) the defendant's conduct caused or threatened
14    serious harm;
15        (2) the defendant received compensation for committing
16    the offense;
17        (3) the defendant has a history of prior delinquency or
18    criminal activity;
19        (4) the defendant, by the duties of his office or by
20    his position, was obliged to prevent the particular offense
21    committed or to bring the offenders committing it to
22    justice;
23        (5) the defendant held public office at the time of the

 

 

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1    offense, and the offense related to the conduct of that
2    office;
3        (6) the defendant utilized his professional reputation
4    or position in the community to commit the offense, or to
5    afford him an easier means of committing it;
6        (7) the sentence is necessary to deter others from
7    committing the same crime;
8        (8) the defendant committed the offense against a
9    person 60 years of age or older or such person's property;
10        (9) the defendant committed the offense against a
11    person who has a physical disability or such person's
12    property;
13        (10) by reason of another individual's actual or
14    perceived race, color, creed, religion, ancestry, gender,
15    sexual orientation, physical or mental disability, or
16    national origin, the defendant committed the offense
17    against (i) the person or property of that individual; (ii)
18    the person or property of a person who has an association
19    with, is married to, or has a friendship with the other
20    individual; or (iii) the person or property of a relative
21    (by blood or marriage) of a person described in clause (i)
22    or (ii). For the purposes of this Section, "sexual
23    orientation" has the meaning ascribed to it in paragraph
24    (O-1) of Section 1-103 of the Illinois Human Rights Act;
25        (11) the offense took place in a place of worship or on
26    the grounds of a place of worship, immediately prior to,

 

 

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1    during or immediately following worship services. For
2    purposes of this subparagraph, "place of worship" shall
3    mean any church, synagogue or other building, structure or
4    place used primarily for religious worship;
5        (12) the defendant was convicted of a felony committed
6    while he was released on bail or his own recognizance
7    pending trial for a prior felony and was convicted of such
8    prior felony, or the defendant was convicted of a felony
9    committed while he was serving a period of probation,
10    conditional discharge, or mandatory supervised release
11    under subsection (d) of Section 5-8-1 for a prior felony;
12        (13) the defendant committed or attempted to commit a
13    felony while he was wearing a bulletproof vest. For the
14    purposes of this paragraph (13), a bulletproof vest is any
15    device which is designed for the purpose of protecting the
16    wearer from bullets, shot or other lethal projectiles;
17        (14) the defendant held a position of trust or
18    supervision such as, but not limited to, family member as
19    defined in Section 11-0.1 of the Criminal Code of 2012,
20    teacher, scout leader, baby sitter, or day care worker, in
21    relation to a victim under 18 years of age, and the
22    defendant committed an offense in violation of Section
23    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a place
25    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
26    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

 

 

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1    or 12-16 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 against that victim;
3        (15) the defendant committed an offense related to the
4    activities of an organized gang. For the purposes of this
5    factor, "organized gang" has the meaning ascribed to it in
6    Section 10 of the Streetgang Terrorism Omnibus Prevention
7    Act;
8        (16) the defendant committed an offense in violation of
9    one of the following Sections while in a school, regardless
10    of the time of day or time of year; on any conveyance
11    owned, leased, or contracted by a school to transport
12    students to or from school or a school related activity; on
13    the real property of a school; or on a public way within
14    1,000 feet of the real property comprising any school:
15    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19    18-2, or 33A-2, or Section 12-3.05 except for subdivision
20    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21    Criminal Code of 2012;
22        (16.5) the defendant committed an offense in violation
23    of one of the following Sections while in a day care
24    center, regardless of the time of day or time of year; on
25    the real property of a day care center, regardless of the
26    time of day or time of year; or on a public way within

 

 

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1    1,000 feet of the real property comprising any day care
2    center, regardless of the time of day or time of year:
3    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
5    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
6    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    18-2, or 33A-2, or Section 12-3.05 except for subdivision
8    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
9    Criminal Code of 2012;
10        (17) the defendant committed the offense by reason of
11    any person's activity as a community policing volunteer or
12    to prevent any person from engaging in activity as a
13    community policing volunteer. For the purpose of this
14    Section, "community policing volunteer" has the meaning
15    ascribed to it in Section 2-3.5 of the Criminal Code of
16    2012;
17        (18) the defendant committed the offense in a nursing
18    home or on the real property comprising a nursing home. For
19    the purposes of this paragraph (18), "nursing home" means a
20    skilled nursing or intermediate long term care facility
21    that is subject to license by the Illinois Department of
22    Public Health under the Nursing Home Care Act, the
23    Specialized Mental Health Rehabilitation Act of 2013, the
24    ID/DD Community Care Act, or the MC/DD Act;
25        (19) the defendant was a federally licensed firearm
26    dealer and was previously convicted of a violation of

 

 

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1    subsection (a) of Section 3 of the Firearm Owners
2    Identification Card Act and has now committed either a
3    felony violation of the Firearm Owners Identification Card
4    Act or an act of armed violence while armed with a firearm;
5        (20) the defendant (i) committed the offense of
6    reckless homicide under Section 9-3 of the Criminal Code of
7    1961 or the Criminal Code of 2012 or the offense of driving
8    under the influence of alcohol, other drug or drugs,
9    intoxicating compound or compounds or any combination
10    thereof under Section 11-501 of the Illinois Vehicle Code
11    or a similar provision of a local ordinance and (ii) was
12    operating a motor vehicle in excess of 20 miles per hour
13    over the posted speed limit as provided in Article VI of
14    Chapter 11 of the Illinois Vehicle Code;
15        (21) the defendant (i) committed the offense of
16    reckless driving or aggravated reckless driving under
17    Section 11-503 of the Illinois Vehicle Code and (ii) was
18    operating a motor vehicle in excess of 20 miles per hour
19    over the posted speed limit as provided in Article VI of
20    Chapter 11 of the Illinois Vehicle Code;
21        (22) the defendant committed the offense against a
22    person that the defendant knew, or reasonably should have
23    known, was a member of the Armed Forces of the United
24    States serving on active duty. For purposes of this clause
25    (22), the term "Armed Forces" means any of the Armed Forces
26    of the United States, including a member of any reserve

 

 

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1    component thereof or National Guard unit called to active
2    duty;
3        (23) the defendant committed the offense against a
4    person who was elderly or infirm or who was a person with a
5    disability by taking advantage of a family or fiduciary
6    relationship with the elderly or infirm person or person
7    with a disability;
8        (24) the defendant committed any offense under Section
9    11-20.1 of the Criminal Code of 1961 or the Criminal Code
10    of 2012 and possessed 100 or more images;
11        (25) the defendant committed the offense while the
12    defendant or the victim was in a train, bus, or other
13    vehicle used for public transportation;
14        (26) the defendant committed the offense of child
15    pornography or aggravated child pornography, specifically
16    including paragraph (1), (2), (3), (4), (5), or (7) of
17    subsection (a) of Section 11-20.1 of the Criminal Code of
18    1961 or the Criminal Code of 2012 where a child engaged in,
19    solicited for, depicted in, or posed in any act of sexual
20    penetration or bound, fettered, or subject to sadistic,
21    masochistic, or sadomasochistic abuse in a sexual context
22    and specifically including paragraph (1), (2), (3), (4),
23    (5), or (7) of subsection (a) of Section 11-20.1B or
24    Section 11-20.3 of the Criminal Code of 1961 where a child
25    engaged in, solicited for, depicted in, or posed in any act
26    of sexual penetration or bound, fettered, or subject to

 

 

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1    sadistic, masochistic, or sadomasochistic abuse in a
2    sexual context;
3        (27) the defendant committed the offense of first
4    degree murder, assault, aggravated assault, battery,
5    aggravated battery, robbery, armed robbery, or aggravated
6    robbery against a person who was a veteran and the
7    defendant knew, or reasonably should have known, that the
8    person was a veteran performing duties as a representative
9    of a veterans' organization. For the purposes of this
10    paragraph (27), "veteran" means an Illinois resident who
11    has served as a member of the United States Armed Forces, a
12    member of the Illinois National Guard, or a member of the
13    United States Reserve Forces; and "veterans' organization"
14    means an organization comprised of members of which
15    substantially all are individuals who are veterans or
16    spouses, widows, or widowers of veterans, the primary
17    purpose of which is to promote the welfare of its members
18    and to provide assistance to the general public in such a
19    way as to confer a public benefit;
20        (28) the defendant committed the offense of assault,
21    aggravated assault, battery, aggravated battery, robbery,
22    armed robbery, or aggravated robbery against a person that
23    the defendant knew or reasonably should have known was a
24    letter carrier or postal worker while that person was
25    performing his or her duties delivering mail for the United
26    States Postal Service;

 

 

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1        (29) the defendant committed the offense of criminal
2    sexual assault, aggravated criminal sexual assault,
3    criminal sexual abuse, or aggravated criminal sexual abuse
4    against a victim with an intellectual disability, and the
5    defendant holds a position of trust, authority, or
6    supervision in relation to the victim; or
7        (30) the defendant committed the offense of promoting
8    juvenile prostitution, patronizing a prostitute, or
9    patronizing a minor engaged in prostitution and at the time
10    of the commission of the offense knew that the prostitute
11    or minor engaged in prostitution was in the custody or
12    guardianship of the Department of Children and Family
13    Services; or
14        (31) the defendant committed the offense of driving
15    while under the influence of alcohol, other drug or drugs,
16    intoxicating compound or compounds or any combination
17    thereof in violation of Section 11-501 of the Illinois
18    Vehicle Code or a similar provision of a local ordinance
19    and the defendant during the commission of the offense was
20    driving his or her vehicle upon a roadway designated for
21    one-way traffic in the opposite direction of the direction
22    indicated by official traffic control devices.
23    For the purposes of this Section:
24    "School" is defined as a public or private elementary or
25secondary school, community college, college, or university.
26    "Day care center" means a public or private State certified

 

 

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1and licensed day care center as defined in Section 2.09 of the
2Child Care Act of 1969 that displays a sign in plain view
3stating that the property is a day care center.
4    "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7    "Public transportation" means the transportation or
8conveyance of persons by means available to the general public,
9and includes paratransit services.
10    (b) The following factors, related to all felonies, may be
11considered by the court as reasons to impose an extended term
12sentence under Section 5-8-2 upon any offender:
13        (1) When a defendant is convicted of any felony, after
14    having been previously convicted in Illinois or any other
15    jurisdiction of the same or similar class felony or greater
16    class felony, when such conviction has occurred within 10
17    years after the previous conviction, excluding time spent
18    in custody, and such charges are separately brought and
19    tried and arise out of different series of acts; or
20        (2) When a defendant is convicted of any felony and the
21    court finds that the offense was accompanied by
22    exceptionally brutal or heinous behavior indicative of
23    wanton cruelty; or
24        (3) When a defendant is convicted of any felony
25    committed against:
26            (i) a person under 12 years of age at the time of

 

 

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1        the offense or such person's property;
2            (ii) a person 60 years of age or older at the time
3        of the offense or such person's property; or
4            (iii) a person who had a physical disability at the
5        time of the offense or such person's property; or
6        (4) When a defendant is convicted of any felony and the
7    offense involved any of the following types of specific
8    misconduct committed as part of a ceremony, rite,
9    initiation, observance, performance, practice or activity
10    of any actual or ostensible religious, fraternal, or social
11    group:
12            (i) the brutalizing or torturing of humans or
13        animals;
14            (ii) the theft of human corpses;
15            (iii) the kidnapping of humans;
16            (iv) the desecration of any cemetery, religious,
17        fraternal, business, governmental, educational, or
18        other building or property; or
19            (v) ritualized abuse of a child; or
20        (5) When a defendant is convicted of a felony other
21    than conspiracy and the court finds that the felony was
22    committed under an agreement with 2 or more other persons
23    to commit that offense and the defendant, with respect to
24    the other individuals, occupied a position of organizer,
25    supervisor, financier, or any other position of management
26    or leadership, and the court further finds that the felony

 

 

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1    committed was related to or in furtherance of the criminal
2    activities of an organized gang or was motivated by the
3    defendant's leadership in an organized gang; or
4        (6) When a defendant is convicted of an offense
5    committed while using a firearm with a laser sight attached
6    to it. For purposes of this paragraph, "laser sight" has
7    the meaning ascribed to it in Section 26-7 of the Criminal
8    Code of 2012; or
9        (7) When a defendant who was at least 17 years of age
10    at the time of the commission of the offense is convicted
11    of a felony and has been previously adjudicated a
12    delinquent minor under the Juvenile Court Act of 1987 for
13    an act that if committed by an adult would be a Class X or
14    Class 1 felony when the conviction has occurred within 10
15    years after the previous adjudication, excluding time
16    spent in custody; or
17        (8) When a defendant commits any felony and the
18    defendant used, possessed, exercised control over, or
19    otherwise directed an animal to assault a law enforcement
20    officer engaged in the execution of his or her official
21    duties or in furtherance of the criminal activities of an
22    organized gang in which the defendant is engaged; or
23        (9) When a defendant commits any felony and the
24    defendant knowingly video or audio records the offense with
25    the intent to disseminate the recording.
26    (c) The following factors may be considered by the court as

 

 

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1reasons to impose an extended term sentence under Section 5-8-2
2(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
3        (1) When a defendant is convicted of first degree
4    murder, after having been previously convicted in Illinois
5    of any offense listed under paragraph (c)(2) of Section
6    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
7    within 10 years after the previous conviction, excluding
8    time spent in custody, and the charges are separately
9    brought and tried and arise out of different series of
10    acts.
11        (1.5) When a defendant is convicted of first degree
12    murder, after having been previously convicted of domestic
13    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
14    (720 ILCS 5/12-3.3) committed on the same victim or after
15    having been previously convicted of violation of an order
16    of protection (720 ILCS 5/12-30) in which the same victim
17    was the protected person.
18        (2) When a defendant is convicted of voluntary
19    manslaughter, second degree murder, involuntary
20    manslaughter, or reckless homicide in which the defendant
21    has been convicted of causing the death of more than one
22    individual.
23        (3) When a defendant is convicted of aggravated
24    criminal sexual assault or criminal sexual assault, when
25    there is a finding that aggravated criminal sexual assault
26    or criminal sexual assault was also committed on the same

 

 

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1    victim by one or more other individuals, and the defendant
2    voluntarily participated in the crime with the knowledge of
3    the participation of the others in the crime, and the
4    commission of the crime was part of a single course of
5    conduct during which there was no substantial change in the
6    nature of the criminal objective.
7        (4) If the victim was under 18 years of age at the time
8    of the commission of the offense, when a defendant is
9    convicted of aggravated criminal sexual assault or
10    predatory criminal sexual assault of a child under
11    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
12    of Section 12-14.1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
14        (5) When a defendant is convicted of a felony violation
15    of Section 24-1 of the Criminal Code of 1961 or the
16    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
17    finding that the defendant is a member of an organized
18    gang.
19        (6) When a defendant was convicted of unlawful use of
20    weapons under Section 24-1 of the Criminal Code of 1961 or
21    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
22    a weapon that is not readily distinguishable as one of the
23    weapons enumerated in Section 24-1 of the Criminal Code of
24    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
25        (7) When a defendant is convicted of an offense
26    involving the illegal manufacture of a controlled

 

 

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1    substance under Section 401 of the Illinois Controlled
2    Substances Act (720 ILCS 570/401), the illegal manufacture
3    of methamphetamine under Section 25 of the Methamphetamine
4    Control and Community Protection Act (720 ILCS 646/25), or
5    the illegal possession of explosives and an emergency
6    response officer in the performance of his or her duties is
7    killed or injured at the scene of the offense while
8    responding to the emergency caused by the commission of the
9    offense. In this paragraph, "emergency" means a situation
10    in which a person's life, health, or safety is in jeopardy;
11    and "emergency response officer" means a peace officer,
12    community policing volunteer, fireman, emergency medical
13    technician-ambulance, emergency medical
14    technician-intermediate, emergency medical
15    technician-paramedic, ambulance driver, other medical
16    assistance or first aid personnel, or hospital emergency
17    room personnel.
18        (8) When the defendant is convicted of attempted mob
19    action, solicitation to commit mob action, or conspiracy to
20    commit mob action under Section 8-1, 8-2, or 8-4 of the
21    Criminal Code of 2012, where the criminal object is a
22    violation of Section 25-1 of the Criminal Code of 2012, and
23    an electronic communication is used in the commission of
24    the offense. For the purposes of this paragraph (8),
25    "electronic communication" shall have the meaning provided
26    in Section 26.5-0.1 of the Criminal Code of 2012.

 

 

HB0303- 16 -LRB100 05313 RLC 15324 b

1    (d) For the purposes of this Section, "organized gang" has
2the meaning ascribed to it in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (e) The court may impose an extended term sentence under
5Article 4.5 of Chapter V upon an offender who has been
6convicted of a felony violation of Section 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012
9when the victim of the offense is under 18 years of age at the
10time of the commission of the offense and, during the
11commission of the offense, the victim was under the influence
12of alcohol, regardless of whether or not the alcohol was
13supplied by the offender; and the offender, at the time of the
14commission of the offense, knew or should have known that the
15victim had consumed alcohol.
16(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
17eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
18eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
1999-347, eff. 1-1-16; 99-642, eff. 7-28-16.)