Sen. Bill Cunningham

Filed: 4/16/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 201

2    AMENDMENT NO. ______. Amend Senate Bill 201 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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1        (3) the defendant has a history of prior delinquency or
2    criminal activity;
3        (4) the defendant, by the duties of his office or by
4    his position, was obliged to prevent the particular offense
5    committed or to bring the offenders committing it to
6    justice;
7        (5) the defendant held public office at the time of the
8    offense, and the offense related to the conduct of that
9    office;
10        (6) the defendant utilized his professional reputation
11    or position in the community to commit the offense, or to
12    afford him an easier means of committing it;
13        (7) the sentence is necessary to deter others from
14    committing the same crime;
15        (8) the defendant committed the offense against a
16    person 60 years of age or older or such person's property;
17        (9) the defendant committed the offense against a
18    person who is physically handicapped or such person's
19    property;
20        (10) by reason of another individual's actual or
21    perceived race, color, creed, religion, ancestry, gender,
22    sexual orientation, physical or mental disability, or
23    national origin, the defendant committed the offense
24    against (i) the person or property of that individual; (ii)
25    the person or property of a person who has an association
26    with, is married to, or has a friendship with the other

 

 

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1    individual; or (iii) the person or property of a relative
2    (by blood or marriage) of a person described in clause (i)
3    or (ii). For the purposes of this Section, "sexual
4    orientation" means heterosexuality, homosexuality, or
5    bisexuality;
6        (11) the offense took place in a place of worship or on
7    the grounds of a place of worship, immediately prior to,
8    during or immediately following worship services. For
9    purposes of this subparagraph, "place of worship" shall
10    mean any church, synagogue or other building, structure or
11    place used primarily for religious worship;
12        (12) the defendant was convicted of a felony committed
13    while he was released on bail or his own recognizance
14    pending trial for a prior felony and was convicted of such
15    prior felony, or the defendant was convicted of a felony
16    committed while he was serving a period of probation,
17    conditional discharge, or mandatory supervised release
18    under subsection (d) of Section 5-8-1 for a prior felony;
19        (13) the defendant committed or attempted to commit a
20    felony while he was wearing a bulletproof vest. For the
21    purposes of this paragraph (13), a bulletproof vest is any
22    device which is designed for the purpose of protecting the
23    wearer from bullets, shot or other lethal projectiles;
24        (14) the defendant held a position of trust or
25    supervision such as, but not limited to, family member as
26    defined in Section 11-0.1 of the Criminal Code of 2012,

 

 

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1    teacher, scout leader, baby sitter, or day care worker, in
2    relation to a victim under 18 years of age, and the
3    defendant committed an offense in violation of Section
4    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
5    11-14.4 except for an offense that involves keeping a place
6    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
7    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
8    or 12-16 of the Criminal Code of 1961 or the Criminal Code
9    of 2012 against that victim;
10        (15) the defendant committed an offense related to the
11    activities of an organized gang. For the purposes of this
12    factor, "organized gang" has the meaning ascribed to it in
13    Section 10 of the Streetgang Terrorism Omnibus Prevention
14    Act;
15        (16) the defendant committed an offense in violation of
16    one of the following Sections while in a school, regardless
17    of the time of day or time of year; on any conveyance
18    owned, leased, or contracted by a school to transport
19    students to or from school or a school related activity; on
20    the real property of a school; or on a public way within
21    1,000 feet of the real property comprising any school:
22    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
26    18-2, or 33A-2, or Section 12-3.05 except for subdivision

 

 

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1    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
2    Criminal Code of 2012;
3        (16.5) the defendant committed an offense in violation
4    of one of the following Sections while in a day care
5    center, regardless of the time of day or time of year; on
6    the real property of a day care center, regardless of the
7    time of day or time of year; or on a public way within
8    1,000 feet of the real property comprising any day care
9    center, regardless of the time of day or time of year:
10    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
12    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
13    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
14    18-2, or 33A-2, or Section 12-3.05 except for subdivision
15    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
16    Criminal Code of 2012;
17        (17) the defendant committed the offense by reason of
18    any person's activity as a community policing volunteer or
19    to prevent any person from engaging in activity as a
20    community policing volunteer. For the purpose of this
21    Section, "community policing volunteer" has the meaning
22    ascribed to it in Section 2-3.5 of the Criminal Code of
23    2012;
24        (18) the defendant committed the offense in a nursing
25    home or on the real property comprising a nursing home. For
26    the purposes of this paragraph (18), "nursing home" means a

 

 

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1    skilled nursing or intermediate long term care facility
2    that is subject to license by the Illinois Department of
3    Public Health under the Nursing Home Care Act, the
4    Specialized Mental Health Rehabilitation Act of 2013, or
5    the ID/DD Community Care Act;
6        (19) the defendant was a federally licensed firearm
7    dealer and was previously convicted of a violation of
8    subsection (a) of Section 3 of the Firearm Owners
9    Identification Card Act and has now committed either a
10    felony violation of the Firearm Owners Identification Card
11    Act or an act of armed violence while armed with a firearm;
12        (20) the defendant (i) committed the offense of
13    reckless homicide under Section 9-3 of the Criminal Code of
14    1961 or the Criminal Code of 2012 or the offense of driving
15    under the influence of alcohol, other drug or drugs,
16    intoxicating compound or compounds or any combination
17    thereof under Section 11-501 of the Illinois Vehicle Code
18    or a similar provision of a local ordinance and (ii) was
19    operating a motor vehicle in excess of 20 miles per hour
20    over the posted speed limit as provided in Article VI of
21    Chapter 11 of the Illinois Vehicle Code;
22        (21) the defendant (i) committed the offense of
23    reckless driving or aggravated reckless driving under
24    Section 11-503 of the Illinois Vehicle Code and (ii) was
25    operating a motor vehicle in excess of 20 miles per hour
26    over the posted speed limit as provided in Article VI of

 

 

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1    Chapter 11 of the Illinois Vehicle Code;
2        (22) the defendant committed the offense against a
3    person that the defendant knew, or reasonably should have
4    known, was a member of the Armed Forces of the United
5    States serving on active duty. For purposes of this clause
6    (22), the term "Armed Forces" means any of the Armed Forces
7    of the United States, including a member of any reserve
8    component thereof or National Guard unit called to active
9    duty;
10        (23) the defendant committed the offense against a
11    person who was elderly, disabled, or infirm by taking
12    advantage of a family or fiduciary relationship with the
13    elderly, disabled, or infirm person;
14        (24) the defendant committed any offense under Section
15    11-20.1 of the Criminal Code of 1961 or the Criminal Code
16    of 2012 and possessed 100 or more images;
17        (25) the defendant committed the offense while the
18    defendant or the victim was in a train, bus, or other
19    vehicle used for public transportation;
20        (26) the defendant committed the offense of child
21    pornography or aggravated child pornography, specifically
22    including paragraph (1), (2), (3), (4), (5), or (7) of
23    subsection (a) of Section 11-20.1 of the Criminal Code of
24    1961 or the Criminal Code of 2012 where a child engaged in,
25    solicited for, depicted in, or posed in any act of sexual
26    penetration or bound, fettered, or subject to sadistic,

 

 

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1    masochistic, or sadomasochistic abuse in a sexual context
2    and specifically including paragraph (1), (2), (3), (4),
3    (5), or (7) of subsection (a) of Section 11-20.1B or
4    Section 11-20.3 of the Criminal Code of 1961 where a child
5    engaged in, solicited for, depicted in, or posed in any act
6    of sexual penetration or bound, fettered, or subject to
7    sadistic, masochistic, or sadomasochistic abuse in a
8    sexual context;
9        (27) the defendant committed the offense of first
10    degree murder, assault, aggravated assault, battery,
11    aggravated battery, robbery, armed robbery, or aggravated
12    robbery against a person who was a veteran and the
13    defendant knew, or reasonably should have known, that the
14    person was a veteran performing duties as a representative
15    of a veterans' organization. For the purposes of this
16    paragraph (27), "veteran" means an Illinois resident who
17    has served as a member of the United States Armed Forces, a
18    member of the Illinois National Guard, or a member of the
19    United States Reserve Forces; and "veterans' organization"
20    means an organization comprised of members of which
21    substantially all are individuals who are veterans or
22    spouses, widows, or widowers of veterans, the primary
23    purpose of which is to promote the welfare of its members
24    and to provide assistance to the general public in such a
25    way as to confer a public benefit; or
26        (28) the defendant committed the offense of assault,

 

 

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1    aggravated assault, battery, aggravated battery, robbery,
2    armed robbery, or aggravated robbery against a person that
3    the defendant knew or reasonably should have known was a
4    letter carrier or postal worker while that person was
5    performing his or her duties delivering mail for the United
6    States Postal Service; or
7        (29) 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.
14    For the purposes of this Section:
15    "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17    "Day care center" means a public or private State certified
18and licensed day care center as defined in Section 2.09 of the
19Child Care Act of 1969 that displays a sign in plain view
20stating that the property is a day care center.
21    "Public transportation" means the transportation or
22conveyance of persons by means available to the general public,
23and includes paratransit services.
24    (b) The following factors, related to all felonies, may be
25considered by the court as reasons to impose an extended term
26sentence under Section 5-8-2 upon any offender:

 

 

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1        (1) When a defendant is convicted of any felony, after
2    having been previously convicted in Illinois or any other
3    jurisdiction of the same or similar class felony or greater
4    class felony, when such conviction has occurred within 10
5    years after the previous conviction, excluding time spent
6    in custody, and such charges are separately brought and
7    tried and arise out of different series of acts; or
8        (2) When a defendant is convicted of any felony and the
9    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 any felony
13    committed against:
14            (i) a person under 12 years of age at the time of
15        the offense or such person's property;
16            (ii) a person 60 years of age or older at the time
17        of the offense or such person's property; or
18            (iii) a person physically handicapped at the time
19        of the offense or such person's property; or
20        (4) When a defendant is convicted of any felony and the
21    offense involved any of the following types of specific
22    misconduct committed as part of a ceremony, rite,
23    initiation, observance, performance, practice or activity
24    of any actual or ostensible religious, fraternal, or social
25    group:
26            (i) the brutalizing or torturing of humans or

 

 

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1        animals;
2            (ii) the theft of human corpses;
3            (iii) the kidnapping of humans;
4            (iv) the desecration of any cemetery, religious,
5        fraternal, business, governmental, educational, or
6        other building or property; or
7            (v) ritualized abuse of a child; or
8        (5) When a defendant is convicted of a felony other
9    than conspiracy and the court finds that the felony was
10    committed under an agreement with 2 or more other persons
11    to commit that offense and the defendant, with respect to
12    the other individuals, occupied a position of organizer,
13    supervisor, financier, or any other position of management
14    or leadership, and the court further finds that the felony
15    committed was related to or in furtherance of the criminal
16    activities of an organized gang or was motivated by the
17    defendant's leadership in an organized gang; or
18        (6) When a defendant is convicted of an offense
19    committed while using a firearm with a laser sight attached
20    to it. For purposes of this paragraph, "laser sight" has
21    the meaning ascribed to it in Section 26-7 of the Criminal
22    Code of 2012; or
23        (7) When a defendant who was at least 17 years of age
24    at the time of the commission of the offense is convicted
25    of a felony and has been previously adjudicated a
26    delinquent minor under the Juvenile Court Act of 1987 for

 

 

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1    an act that if committed by an adult would be a Class X or
2    Class 1 felony when the conviction has occurred within 10
3    years after the previous adjudication, excluding time
4    spent in custody; or
5        (8) When a defendant commits any felony and the
6    defendant used, possessed, exercised control over, or
7    otherwise directed an animal to assault a law enforcement
8    officer engaged in the execution of his or her official
9    duties or in furtherance of the criminal activities of an
10    organized gang in which the defendant is engaged; or
11        (9) When a defendant commits any felony and the
12    defendant knowingly video or audio records the offense with
13    the intent to disseminate the recording.
14    (c) The following factors may be considered by the court as
15reasons to impose an extended term sentence under Section 5-8-2
16(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
17        (1) When a defendant is convicted of first degree
18    murder, after having been previously convicted in Illinois
19    of any offense listed under paragraph (c)(2) of Section
20    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
21    within 10 years after the previous conviction, excluding
22    time spent in custody, and the charges are separately
23    brought and tried and arise out of different series of
24    acts.
25        (1.5) When a defendant is convicted of first degree
26    murder, after having been previously convicted of domestic

 

 

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1    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
2    (720 ILCS 5/12-3.3) committed on the same victim or after
3    having been previously convicted of violation of an order
4    of protection (720 ILCS 5/12-30) in which the same victim
5    was the protected person.
6        (2) When a defendant is convicted of voluntary
7    manslaughter, second degree murder, involuntary
8    manslaughter, or reckless homicide in which the defendant
9    has been convicted of causing the death of more than one
10    individual.
11        (3) When a defendant is convicted of aggravated
12    criminal sexual assault or criminal sexual assault, when
13    there is a finding that aggravated criminal sexual assault
14    or criminal sexual assault was also committed on the same
15    victim by one or more other individuals, and the defendant
16    voluntarily participated in the crime with the knowledge of
17    the participation of the others in the crime, and the
18    commission of the crime was part of a single course of
19    conduct during which there was no substantial change in the
20    nature of the criminal objective.
21        (4) If the victim was under 18 years of age at the time
22    of the commission of the offense, when a defendant is
23    convicted of aggravated criminal sexual assault or
24    predatory criminal sexual assault of a child under
25    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
26    of Section 12-14.1 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
2        (5) When a defendant is convicted of a felony violation
3    of Section 24-1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
5    finding that the defendant is a member of an organized
6    gang.
7        (6) When a defendant was convicted of unlawful use of
8    weapons under Section 24-1 of the Criminal Code of 1961 or
9    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
10    a weapon that is not readily distinguishable as one of the
11    weapons enumerated in Section 24-1 of the Criminal Code of
12    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
13        (7) When a defendant is convicted of an offense
14    involving the illegal manufacture of a controlled
15    substance under Section 401 of the Illinois Controlled
16    Substances Act (720 ILCS 570/401), the illegal manufacture
17    of methamphetamine under Section 25 of the Methamphetamine
18    Control and Community Protection Act (720 ILCS 646/25), or
19    the illegal possession of explosives and an emergency
20    response officer in the performance of his or her duties is
21    killed or injured at the scene of the offense while
22    responding to the emergency caused by the commission of the
23    offense. In this paragraph, "emergency" means a situation
24    in which a person's life, health, or safety is in jeopardy;
25    and "emergency response officer" means a peace officer,
26    community policing volunteer, fireman, emergency medical

 

 

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1    technician-ambulance, emergency medical
2    technician-intermediate, emergency medical
3    technician-paramedic, ambulance driver, other medical
4    assistance or first aid personnel, or hospital emergency
5    room personnel.
6        (8) When the defendant is convicted of attempted mob
7    action, solicitation to commit mob action, or conspiracy to
8    commit mob action under Section 8-1, 8-2, or 8-4 of the
9    Criminal Code of 2012, where the criminal object is a
10    violation of Section 25-1 of the Criminal Code of 2012, and
11    an electronic communication is used in the commission of
12    the offense. For the purposes of this paragraph (8),
13    "electronic communication" shall have the meaning provided
14    in Section 26.5-0.1 of the Criminal Code of 2012.
15    (d) For the purposes of this Section, "organized gang" has
16the meaning ascribed to it in Section 10 of the Illinois
17Streetgang Terrorism Omnibus Prevention Act.
18    (e) The court may impose an extended term sentence under
19Article 4.5 of Chapter V upon an offender who has been
20convicted of a felony violation of Section 11-1.20, 11-1.30,
2111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
23when the victim of the offense is under 18 years of age at the
24time of the commission of the offense and, during the
25commission of the offense, the victim was under the influence
26of alcohol, regardless of whether or not the alcohol was

 

 

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1supplied by the offender; and the offender, at the time of the
2commission of the offense, knew or should have known that the
3victim had consumed alcohol.
4(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
5eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
697-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
71-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
87-16-14.)".