State of Illinois
91st General Assembly
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Public Act 91-0267

SB330 Enrolled                                 LRB9100836RCpr

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Section 5-5-3.2.

    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;
         (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; or.
         (18)  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.
    (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.
    (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 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.  89-235,  eff.  8-4-95;  89-377,  eff. 8-18-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651,  eff.
1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)

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