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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0395eng SB395 Engrossed LRB9101610RCks 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-5-3.2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 5-5-3.2 as follows: 7 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2) 8 Sec. 5-5-3.2. Factors in Aggravation. 9 (a) The following factors shall be accorded weight in 10 favor of imposing a term of imprisonment or may be considered 11 by the court as reasons to impose a more severe sentence 12 under Section 5-8-1: 13 (1) the defendant's conduct caused or threatened 14 serious harm; 15 (2) the defendant received compensation for 16 committing the offense; 17 (3) the defendant has a history of prior 18 delinquency or criminal activity; 19 (4) the defendant, by the duties of his office or 20 by his position, was obliged to prevent the particular 21 offense committed or to bring the offenders committing it 22 to justice; 23 (5) the defendant held public office at the time of 24 the offense, and the offense related to the conduct of 25 that office; 26 (6) the defendant utilized his professional 27 reputation or position in the community to commit the 28 offense, or to afford him an easier means of committing 29 it; 30 (7) the sentence is necessary to deter others from 31 committing the same crime; SB395 Engrossed -2- LRB9101610RCks 1 (8) the defendant committed the offense against a 2 person 60 years of age or older or such person's 3 property; 4 (9) the defendant committed the offense against a 5 person who is physically handicapped or such person's 6 property; 7 (10) by reason of another individual's actual or 8 perceived race, color, creed, religion, ancestry, gender, 9 sexual orientation, physical or mental disability, or 10 national origin, the defendant committed the offense 11 against (i) the person or property of that individual; 12 (ii) the person or property of a person who has an 13 association with, is married to, or has a friendship with 14 the other individual; or (iii) the person or property of 15 a relative (by blood or marriage) of a person described 16 in clause (i) or (ii). For the purposes of this Section, 17 "sexual orientation" means heterosexuality, 18 homosexuality, or bisexuality; 19 (11) the offense took place in a place of worship 20 or on the grounds of a place of worship, immediately 21 prior to, during or immediately following worship 22 services. For purposes of this subparagraph, "place of 23 worship" shall mean any church, synagogue or other 24 building, structure or place used primarily for religious 25 worship; 26 (12) the defendant was convicted of a felony 27 committed while he was released on bail or his own 28 recognizance pending trial for a prior felony and was 29 convicted of such prior felony, or the defendant was 30 convicted of a felony committed while he was serving a 31 period of probation, conditional discharge, or mandatory 32 supervised release under subsection (d) of Section 5-8-1 33 for a prior felony; 34 (13) the defendant committed or attempted to commit SB395 Engrossed -3- LRB9101610RCks 1 a felony while he was wearing a bulletproof vest. For 2 the purposes of this paragraph (13), a bulletproof vest 3 is any device which is designed for the purpose of 4 protecting the wearer from bullets, shot or other lethal 5 projectiles; 6 (14) the defendant held a position of trust or 7 supervision such as, but not limited to, family member as 8 defined in Section 12-12 of the Criminal Code of 1961, 9 teacher, scout leader, baby sitter, or day care worker, 10 in relation to a victim under 18 years of age, and the 11 defendant committed an offense in violation of Section 12 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 13 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 14 1961 against that victim; 15 (15) the defendant committed an offense related to 16 the activities of an organized gang. For the purposes of 17 this factor, "organized gang" has the meaning ascribed to 18 it in Section 10 of the Streetgang Terrorism Omnibus 19 Prevention Act; 20 (16) the defendant committed an offense in 21 violation of one of the following Sections while in a 22 school, regardless of the time of day or time of year; on 23 any conveyance owned, leased, or contracted by a school 24 to transport students to or from school or a school 25 related activity; on the real property of a school; or on 26 a public way within 1,000 feet of the real property 27 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 28 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 29 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 30 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 31 1961; 32 (16.5) the defendant committed an offense in 33 violation of one of the following Sections while in a day 34 care center, regardless of the time of day or time of SB395 Engrossed -4- LRB9101610RCks 1 year; on the real property of a day care center, 2 regardless of the time of day or time of year; or on a 3 public way within 1,000 feet of the real property 4 comprising any day care center, regardless of the time of 5 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1, 6 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 7 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 8 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 9 1961; 10 (17) the defendant committed the offense by reason 11 of any person's activity as a community policing 12 volunteer or to prevent any person from engaging in 13 activity as a community policing volunteer. For the 14 purpose of this Section, "community policing volunteer" 15 has the meaning ascribed to it in Section 2-3.5 of the 16 Criminal Code of 1961. 17 For the purposes of this Section:,18 "School" is defined as a public or private elementary or 19 secondary school, community college, college, or university. 20 "Day care center" means a public or private State 21 certified and licensed day care center as defined in Section 22 2.09 of the Child Care Act of 1969 that displays a sign in 23 plain view stating that the property is a day care center. 24 (b) The following factors may be considered by the court 25 as reasons to impose an extended term sentence under Section 26 5-8-2 upon any offender: 27 (1) When a defendant is convicted of any felony, 28 after having been previously convicted in Illinois or any 29 other jurisdiction of the same or similar class felony or 30 greater class felony, when such conviction has occurred 31 within 10 years after the previous conviction, excluding 32 time spent in custody, and such charges are separately 33 brought and tried and arise out of different series of 34 acts; or SB395 Engrossed -5- LRB9101610RCks 1 (2) When a defendant is convicted of any felony and 2 the court finds that the offense was accompanied by 3 exceptionally brutal or heinous behavior indicative of 4 wanton cruelty; or 5 (3) When a defendant is convicted of voluntary 6 manslaughter, second degree murder, involuntary 7 manslaughter or reckless homicide in which the defendant 8 has been convicted of causing the death of more than one 9 individual; or 10 (4) When a defendant is convicted of any felony 11 committed against: 12 (i) a person under 12 years of age at the time 13 of the offense or such person's property; 14 (ii) a person 60 years of age or older at the 15 time of the offense or such person's property; or 16 (iii) a person physically handicapped at the 17 time of the offense or such person's property; or 18 (5) In the case of a defendant convicted of 19 aggravated criminal sexual assault or criminal sexual 20 assault, when the court finds that aggravated criminal 21 sexual assault or criminal sexual assault was also 22 committed on the same victim by one or more other 23 individuals, and the defendant voluntarily participated 24 in the crime with the knowledge of the participation of 25 the others in the crime, and the commission of the crime 26 was part of a single course of conduct during which there 27 was no substantial change in the nature of the criminal 28 objective; or 29 (6) When a defendant is convicted of any felony and 30 the offense involved any of the following types of 31 specific misconduct committed as part of a ceremony, 32 rite, initiation, observance, performance, practice or 33 activity of any actual or ostensible religious, 34 fraternal, or social group: SB395 Engrossed -6- LRB9101610RCks 1 (i) the brutalizing or torturing of humans or 2 animals; 3 (ii) the theft of human corpses; 4 (iii) the kidnapping of humans; 5 (iv) the desecration of any cemetery, 6 religious, fraternal, business, governmental, 7 educational, or other building or property; or 8 (v) ritualized abuse of a child; or 9 (7) When a defendant is convicted of first degree 10 murder, after having been previously convicted in 11 Illinois of any offense listed under paragraph (c)(2) of 12 Section 5-5-3, when such conviction has occurred within 13 10 years after the previous conviction, excluding time 14 spent in custody, and such charges are separately brought 15 and tried and arise out of different series of acts; or 16 (8) When a defendant is convicted of a felony other 17 than conspiracy and the court finds that the felony was 18 committed under an agreement with 2 or more other persons 19 to commit that offense and the defendant, with respect to 20 the other individuals, occupied a position of organizer, 21 supervisor, financier, or any other position of 22 management or leadership, and the court further finds 23 that the felony committed was related to or in 24 furtherance of the criminal activities of an organized 25 gang or was motivated by the defendant's leadership in an 26 organized gang; or 27 (9) When a defendant is convicted of a felony 28 violation of Section 24-1 of the Criminal Code of 1961 29 and the court finds that the defendant is a member of an 30 organized gang. 31 (b-1) For the purposes of this Section, "organized gang" 32 has the meaning ascribed to it in Section 10 of the Illinois 33 Streetgang Terrorism Omnibus Prevention Act. 34 (c) The court may impose an extended term sentence under SB395 Engrossed -7- LRB9101610RCks 1 Section 5-8-2 upon any offender who was convicted of 2 aggravated criminal sexual assault where the victim was under 3 18 years of age at the time of the commission of the offense. 4 (d) The court may impose an extended term sentence under 5 Section 5-8-2 upon any offender who was convicted of unlawful 6 use of weapons under Section 24-1 of the Criminal Code of 7 1961 for possessing a weapon that is not readily 8 distinguishable as one of the weapons enumerated in Section 9 24-1 of the Criminal Code of 1961. 10 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95; 11 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections 12 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff. 13 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)