State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB0343eng

 
HB0343 Engrossed                               LRB9102179RCks

 1        AN ACT in relation to laser pointers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Criminal  Code  of  1961  is amended by
 5    adding Article 24.6 as follows:

 6        (720 ILCS 5/Art. 24.6 heading new)
 7                    ARTICLE 24.6.  LASER POINTERS

 8        (720 ILCS 5/24.6-5 new)
 9        Sec. 24.6-5.  Definitions.  In this Article:
10        "Laser pointer" means a hand-held device that emits light
11    amplified by the stimulated emission  of  radiation  that  is
12    visible to the human eye.
13        "Laser  sight" means a laser pointer that can be attached
14    to a firearm and can be used to improve the accuracy  of  the
15    firearm.

16        (720 ILCS 5/24.6-20 new)
17        Sec. 24.6-20.  Aiming a laser pointer at a peace officer.
18        (a)  A  person  commits aiming a laser pointer at a peace
19    officer when he or she intentionally or   knowingly  aims  an
20    operating  laser  pointer  at  a  person  he  or she knows or
21    reasonably should know to be a  peace officer.
22        (b)  Sentence.  Aiming a laser pointer at a peace officer
23    is a Class A misdemeanor.

24        Section 10.  The Unified Code of Corrections  is  amended
25    by changing Section 5-5-3.2 as follows:

26        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
27        Sec. 5-5-3.2.  Factors in Aggravation.
 
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 1        (a)  The  following  factors  shall be accorded weight in
 2    favor of imposing a term of imprisonment or may be considered
 3    by the court as reasons to  impose  a  more  severe  sentence
 4    under Section 5-8-1:
 5             (1)  the  defendant's  conduct  caused or threatened
 6        serious harm;
 7             (2)  the   defendant   received   compensation   for
 8        committing the offense;
 9             (3)  the  defendant   has   a   history   of   prior
10        delinquency or criminal activity;
11             (4)  the  defendant,  by the duties of his office or
12        by his position, was obliged to  prevent  the  particular
13        offense committed or to bring the offenders committing it
14        to justice;
15             (5)  the defendant held public office at the time of
16        the  offense,  and  the offense related to the conduct of
17        that office;
18             (6)  the   defendant   utilized   his   professional
19        reputation or position in the  community  to  commit  the
20        offense,  or  to afford him an easier means of committing
21        it;
22             (7)  the sentence is necessary to deter others  from
23        committing the same crime;
24             (8)  the  defendant  committed the offense against a
25        person  60  years  of  age  or  older  or  such  person's
26        property;
27             (9)  the defendant committed the offense  against  a
28        person  who  is  physically  handicapped or such person's
29        property;
30             (10)  by reason of another  individual's  actual  or
31        perceived race, color, creed, religion, ancestry, gender,
32        sexual  orientation,  physical  or  mental disability, or
33        national origin,  the  defendant  committed  the  offense
34        against  (i)  the  person or property of that individual;
 
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 1        (ii) the person or  property  of  a  person  who  has  an
 2        association with, is married to, or has a friendship with
 3        the  other individual; or (iii) the person or property of
 4        a relative (by blood or marriage) of a  person  described
 5        in clause (i) or (ii).  For the purposes of this Section,
 6        "sexual      orientation"      means     heterosexuality,
 7        homosexuality, or bisexuality;
 8             (11)  the offense took place in a place  of  worship
 9        or  on  the  grounds  of  a place of worship, immediately
10        prior  to,  during  or  immediately   following   worship
11        services.   For  purposes of this subparagraph, "place of
12        worship"  shall  mean  any  church,  synagogue  or  other
13        building, structure or place used primarily for religious
14        worship;
15             (12)  the  defendant  was  convicted  of  a   felony
16        committed  while  he  was  released  on  bail  or his own
17        recognizance pending trial for a  prior  felony  and  was
18        convicted  of  such  prior  felony,  or the defendant was
19        convicted of a felony committed while he  was  serving  a
20        period  of probation, conditional discharge, or mandatory
21        supervised release under subsection (d) of Section  5-8-1
22        for a prior felony;
23             (13)  the defendant committed or attempted to commit
24        a  felony  while  he was wearing a bulletproof vest.  For
25        the purposes of this paragraph (13), a  bulletproof  vest
26        is  any  device  which  is  designed  for  the purpose of
27        protecting the wearer from bullets, shot or other  lethal
28        projectiles;
29             (14)  the  defendant  held  a  position  of trust or
30        supervision such as, but not limited to, family member as
31        defined in Section 12-12 of the Criminal  Code  of  1961,
32        teacher,  scout  leader, baby sitter, or day care worker,
33        in relation to a victim under 18 years of  age,  and  the
34        defendant  committed  an  offense in violation of Section
 
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 1        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
 2        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
 3        1961 against that victim;
 4             (15)  the defendant committed an offense related  to
 5        the activities of an organized gang.  For the purposes of
 6        this factor, "organized gang" has the meaning ascribed to
 7        it  in  Section  10  of  the Streetgang Terrorism Omnibus
 8        Prevention Act;
 9             (16)  the  defendant   committed   an   offense   in
10        violation  of  one  of  the following Sections while in a
11        school, regardless of the time of day or time of year; on
12        any conveyance owned, leased, or contracted by  a  school
13        to  transport  students  to  or  from  school or a school
14        related activity; on the real property of a school; or on
15        a public way within  1,000  feet  of  the  real  property
16        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
17        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
18        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
19        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
20        1961;
21             (17)  the defendant committed the offense by  reason
22        of   any   person's  activity  as  a  community  policing
23        volunteer or to  prevent  any  person  from  engaging  in
24        activity  as  a  community  policing  volunteer.  For the
25        purpose of this Section, "community  policing  volunteer"
26        has  the  meaning  ascribed to it in Section 2-3.5 of the
27        Criminal Code of 1961.
28        For the purposes of this Section, "school" is defined  as
29    a public or private elementary or secondary school, community
30    college, college, or university.
31        (b)  The following factors may be considered by the court
32    as  reasons to impose an extended term sentence under Section
33    5-8-2 upon any offender:
34             (1)  When a defendant is convicted  of  any  felony,
 
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 1        after having been previously convicted in Illinois or any
 2        other jurisdiction of the same or similar class felony or
 3        greater  class  felony, when such conviction has occurred
 4        within 10 years after the previous conviction,  excluding
 5        time  spent  in  custody, and such charges are separately
 6        brought and tried and arise out of  different  series  of
 7        acts; or
 8             (2)  When a defendant is convicted of any felony and
 9        the  court  finds  that  the  offense  was accompanied by
10        exceptionally brutal or heinous  behavior  indicative  of
11        wanton cruelty; or
12             (3)  When  a  defendant  is  convicted  of voluntary
13        manslaughter,   second   degree    murder,    involuntary
14        manslaughter  or reckless homicide in which the defendant
15        has been convicted of causing the death of more than  one
16        individual; or
17             (4)  When  a  defendant  is  convicted of any felony
18        committed against:
19                  (i)  a person under 12 years of age at the time
20             of the offense or such person's property;
21                  (ii)  a person 60 years of age or older at  the
22             time of the offense or such person's property; or
23                  (iii)  a  person  physically handicapped at the
24             time of the offense or such person's property; or
25             (5)  In  the  case  of  a  defendant  convicted   of
26        aggravated  criminal  sexual  assault  or criminal sexual
27        assault, when the court finds  that  aggravated  criminal
28        sexual  assault  or  criminal  sexual  assault  was  also
29        committed  on  the  same  victim  by  one  or  more other
30        individuals, and the defendant  voluntarily  participated
31        in  the  crime with the knowledge of the participation of
32        the others in the crime, and the commission of the  crime
33        was part of a single course of conduct during which there
34        was  no  substantial change in the nature of the criminal
 
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 1        objective; or
 2             (6)  When a defendant is convicted of any felony and
 3        the offense  involved  any  of  the  following  types  of
 4        specific  misconduct  committed  as  part  of a ceremony,
 5        rite, initiation, observance,  performance,  practice  or
 6        activity   of   any   actual   or  ostensible  religious,
 7        fraternal, or social group:
 8                  (i)  the brutalizing or torturing of humans  or
 9             animals;
10                  (ii)  the theft of human corpses;
11                  (iii)  the kidnapping of humans;
12                  (iv)  the    desecration   of   any   cemetery,
13             religious,   fraternal,   business,    governmental,
14             educational, or other building or property; or
15                  (v)  ritualized abuse of a child; or
16             (7)  When  a  defendant is convicted of first degree
17        murder,  after  having  been  previously   convicted   in
18        Illinois  of any offense listed under paragraph (c)(2) of
19        Section 5-5-3, when such conviction has  occurred  within
20        10  years  after  the previous conviction, excluding time
21        spent in custody, and such charges are separately brought
22        and tried and arise out of different series of acts; or
23             (8)  When a defendant is convicted of a felony other
24        than conspiracy and the court finds that the  felony  was
25        committed under an agreement with 2 or more other persons
26        to commit that offense and the defendant, with respect to
27        the  other individuals, occupied a position of organizer,
28        supervisor,  financier,  or   any   other   position   of
29        management  or  leadership,  and  the court further finds
30        that  the  felony  committed  was  related   to   or   in
31        furtherance  of  the  criminal activities of an organized
32        gang or was motivated by the defendant's leadership in an
33        organized gang; or
34             (9)  When a  defendant  is  convicted  of  a  felony
 
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 1        violation  of  Section  24-1 of the Criminal Code of 1961
 2        and the court finds that the defendant is a member of  an
 3        organized gang; or.
 4             (10)  When a defendant committed the offense using a
 5        firearm  with a laser sight attached to it.  For purposes
 6        of this paragraph (10), "laser  sight"  has  the  meaning
 7        ascribed  to it in Section 24.6-5 of the Criminal Code of
 8        1961.
 9        (b-1)  For the purposes of this Section, "organized gang"
10    has the meaning ascribed to it in Section 10 of the  Illinois
11    Streetgang Terrorism Omnibus Prevention Act.
12        (c)  The court may impose an extended term sentence under
13    Section   5-8-2  upon  any  offender  who  was  convicted  of
14    aggravated criminal sexual assault where the victim was under
15    18 years of age at the time of the commission of the offense.
16        (d)  The court may impose an extended term sentence under
17    Section 5-8-2 upon any offender who was convicted of unlawful
18    use of weapons under Section 24-1 of  the  Criminal  Code  of
19    1961   for   possessing   a   weapon   that  is  not  readily
20    distinguishable as one of the weapons enumerated  in  Section
21    24-1 of the Criminal Code of 1961.
22    (Source: P.A.  89-235,  eff.  8-4-95;  89-377,  eff. 8-18-95;
23    89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
24    65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651,  eff.
25    1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)

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