Illinois General Assembly - Full Text of HB0034
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Full Text of HB0034  95th General Assembly

HB0034ham001 95TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/2/2007

 

 


 

 


 
09500HB0034ham001 LRB095 03679 RLC 31950 a

1
AMENDMENT TO HOUSE BILL 34

2     AMENDMENT NO. ______. Amend House Bill 34 by replacing
3 lines 13 through 15 with the following:
4 "battery. A peace officer may arrest a person for violation of
5 this Section if the officer has probable cause to believe that
6 there is imminent danger of physical harm to the non-aggressor.
7     (b) Sentence. Domestic assault is a Class B misdemeanor.
8 Domestic assault is a Class A misdemeanor if the defendant has
9 any prior conviction for domestic assault, aggravated domestic
10 assault, domestic damage to property, domestic battery, or
11 aggravated domestic battery.
 
12     Section 10. The Unified Code of Corrections is amended by
13 changing Section 5-5-3.2 as follows:
 
14     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
15     Sec. 5-5-3.2. Factors in Aggravation.
16     (a) The following factors shall be accorded weight in favor

 

 

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1 of imposing a term of imprisonment or may be considered by the
2 court as reasons to impose a more severe sentence under Section
3 5-8-1:
4         (1) the defendant's conduct caused or threatened
5     serious harm;
6         (2) the defendant received compensation for committing
7     the offense;
8         (3) the defendant has a history of prior delinquency or
9     criminal activity;
10         (4) the defendant, by the duties of his office or by
11     his position, was obliged to prevent the particular offense
12     committed or to bring the offenders committing it to
13     justice;
14         (5) the defendant held public office at the time of the
15     offense, and the offense related to the conduct of that
16     office;
17         (6) the defendant utilized his professional reputation
18     or position in the community to commit the offense, or to
19     afford him an easier means of committing it;
20         (7) the sentence is necessary to deter others from
21     committing the same crime;
22         (8) the defendant committed the offense against a
23     person 60 years of age or older or such person's property;
24         (9) the defendant committed the offense against a
25     person who is physically handicapped or such person's
26     property;

 

 

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1         (10) by reason of another individual's actual or
2     perceived race, color, creed, religion, ancestry, gender,
3     sexual orientation, physical or mental disability, or
4     national origin, the defendant committed the offense
5     against (i) the person or property of that individual; (ii)
6     the person or property of a person who has an association
7     with, is married to, or has a friendship with the other
8     individual; or (iii) the person or property of a relative
9     (by blood or marriage) of a person described in clause (i)
10     or (ii). For the purposes of this Section, "sexual
11     orientation" means heterosexuality, homosexuality, or
12     bisexuality;
13         (11) the offense took place in a place of worship or on
14     the grounds of a place of worship, immediately prior to,
15     during or immediately following worship services. For
16     purposes of this subparagraph, "place of worship" shall
17     mean any church, synagogue or other building, structure or
18     place used primarily for religious worship;
19         (12) the defendant was convicted of a felony committed
20     while he was released on bail or his own recognizance
21     pending trial for a prior felony and was convicted of such
22     prior felony, or the defendant was convicted of a felony
23     committed while he was serving a period of probation,
24     conditional discharge, or mandatory supervised release
25     under subsection (d) of Section 5-8-1 for a prior felony;
26         (13) the defendant committed or attempted to commit a

 

 

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1     felony while he was wearing a bulletproof vest. For the
2     purposes of this paragraph (13), a bulletproof vest is any
3     device which is designed for the purpose of protecting the
4     wearer from bullets, shot or other lethal projectiles;
5         (14) the defendant held a position of trust or
6     supervision such as, but not limited to, family member as
7     defined in Section 12-12 of the Criminal Code of 1961,
8     teacher, scout leader, baby sitter, or day care worker, in
9     relation to a victim under 18 years of age, and the
10     defendant committed an offense in violation of Section
11     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
13     against that victim;
14         (15) the defendant committed an offense related to the
15     activities of an organized gang. For the purposes of this
16     factor, "organized gang" has the meaning ascribed to it in
17     Section 10 of the Streetgang Terrorism Omnibus Prevention
18     Act;
19         (16) the defendant committed an offense in violation of
20     one of the following Sections while in a school, regardless
21     of the time of day or time of year; on any conveyance
22     owned, leased, or contracted by a school to transport
23     students to or from school or a school related activity; on
24     the real property of a school; or on a public way within
25     1,000 feet of the real property comprising any school:
26     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,

 

 

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1     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
2     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
3     33A-2 of the Criminal Code of 1961;
4         (16.5) the defendant committed an offense in violation
5     of one of the following Sections while in a day care
6     center, regardless of the time of day or time of year; on
7     the real property of a day care center, regardless of the
8     time of day or time of year; or on a public way within
9     1,000 feet of the real property comprising any day care
10     center, regardless of the time of day or time of year:
11     Section 10-1, 10-2, 10-5, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
14     33A-2 of the Criminal Code of 1961;
15         (17) the defendant committed the offense by reason of
16     any person's activity as a community policing volunteer or
17     to prevent any person from engaging in activity as a
18     community policing volunteer. For the purpose of this
19     Section, "community policing volunteer" has the meaning
20     ascribed to it in Section 2-3.5 of the Criminal Code of
21     1961;
22         (18) the defendant committed the offense in a nursing
23     home or on the real property comprising a nursing home. For
24     the purposes of this paragraph (18), "nursing home" means a
25     skilled nursing or intermediate long term care facility
26     that is subject to license by the Illinois Department of

 

 

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1     Public Health under the Nursing Home Care Act;
2         (19) the defendant was a federally licensed firearm
3     dealer and was previously convicted of a violation of
4     subsection (a) of Section 3 of the Firearm Owners
5     Identification Card Act and has now committed either a
6     felony violation of the Firearm Owners Identification Card
7     Act or an act of armed violence while armed with a firearm;
8         (20) the defendant (i) committed the offense of
9     reckless homicide under Section 9-3 of the Criminal Code of
10     1961 or the offense of driving under the influence of
11     alcohol, other drug or drugs, intoxicating compound or
12     compounds or any combination thereof under Section 11-501
13     of the Illinois Vehicle Code or a similar provision of a
14     local ordinance and (ii) was operating a motor vehicle in
15     excess of 20 miles per hour over the posted speed limit as
16     provided in Article VI of Chapter 11 of the Illinois
17     Vehicle Code; or
18         (21) the defendant (i) committed the offense of
19     reckless driving or aggravated reckless driving under
20     Section 11-503 of the Illinois Vehicle Code and (ii) was
21     operating a motor vehicle in excess of 20 miles per hour
22     over the posted speed limit as provided in Article VI of
23     Chapter 11 of the Illinois Vehicle Code; or .
24         (22) the defendant committed domestic assault and has a
25     prior conviction for domestic assault, aggravated domestic
26     assault, domestic damage to property, domestic battery, or

 

 

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1     aggravated domestic battery.
2     For the purposes of this Section:
3     "School" is defined as a public or private elementary or
4 secondary school, community college, college, or university.
5     "Day care center" means a public or private State certified
6 and licensed day care center as defined in Section 2.09 of the
7 Child Care Act of 1969 that displays a sign in plain view
8 stating that the property is a day care center.
9     (b) The following factors may be considered by the court as
10 reasons to impose an extended term sentence under Section 5-8-2
11 upon any offender:
12         (1) When a defendant is convicted of any felony, after
13     having been previously convicted in Illinois or any other
14     jurisdiction of the same or similar class felony or greater
15     class felony, when such conviction has occurred within 10
16     years after the previous conviction, excluding time spent
17     in custody, and such charges are separately brought and
18     tried and arise out of different series of acts; or
19         (2) When a defendant is convicted of any felony and the
20     court finds that the offense was accompanied by
21     exceptionally brutal or heinous behavior indicative of
22     wanton cruelty; or
23         (3) When a defendant is convicted of voluntary
24     manslaughter, second degree murder, involuntary
25     manslaughter or reckless homicide in which the defendant
26     has been convicted of causing the death of more than one

 

 

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1     individual; or
2         (4) When a defendant is convicted of any felony
3     committed against:
4             (i) a person under 12 years of age at the time of
5         the offense or such person's property;
6             (ii) a person 60 years of age or older at the time
7         of the offense or such person's property; or
8             (iii) a person physically handicapped at the time
9         of the offense or such person's property; or
10         (5) In the case of a defendant convicted of aggravated
11     criminal sexual assault or criminal sexual assault, when
12     the court finds that aggravated criminal sexual assault or
13     criminal sexual assault was also committed on the same
14     victim by one or more other individuals, and the defendant
15     voluntarily participated in the crime with the knowledge of
16     the participation of the others in the crime, and the
17     commission of the crime was part of a single course of
18     conduct during which there was no substantial change in the
19     nature of the criminal objective; or
20         (6) 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         (7) When a defendant is convicted of first degree
9     murder, after having been previously convicted in Illinois
10     of any offense listed under paragraph (c)(2) of Section
11     5-5-3, when such conviction has occurred within 10 years
12     after the previous conviction, excluding time spent in
13     custody, and such charges are separately brought and tried
14     and arise out of different series of acts; or
15         (8) When a defendant is convicted of a felony other
16     than conspiracy and the court finds that the felony was
17     committed under an agreement with 2 or more other persons
18     to commit that offense and the defendant, with respect to
19     the other individuals, occupied a position of organizer,
20     supervisor, financier, or any other position of management
21     or leadership, and the court further finds that the felony
22     committed was related to or in furtherance of the criminal
23     activities of an organized gang or was motivated by the
24     defendant's leadership in an organized gang; or
25         (9) When a defendant is convicted of a felony violation
26     of Section 24-1 of the Criminal Code of 1961 and the court

 

 

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1     finds that the defendant is a member of an organized gang;
2     or
3         (10) When a defendant committed the offense using a
4     firearm with a laser sight attached to it. For purposes of
5     this paragraph (10), "laser sight" has the meaning ascribed
6     to it in Section 24.6-5 of the Criminal Code of 1961; or
7         (11) When a defendant who was at least 17 years of age
8     at the time of the commission of the offense is convicted
9     of a felony and has been previously adjudicated a
10     delinquent minor under the Juvenile Court Act of 1987 for
11     an act that if committed by an adult would be a Class X or
12     Class 1 felony when the conviction has occurred within 10
13     years after the previous adjudication, excluding time
14     spent in custody; or
15         (12) When a defendant commits an offense involving the
16     illegal manufacture of a controlled substance under
17     Section 401 of the Illinois Controlled Substances Act, the
18     illegal manufacture of methamphetamine under Section 25 of
19     the Methamphetamine Control and Community Protection Act,
20     or the illegal possession of explosives and an emergency
21     response officer in the performance of his or her duties is
22     killed or injured at the scene of the offense while
23     responding to the emergency caused by the commission of the
24     offense. In this paragraph (12), "emergency" means a
25     situation in which a person's life, health, or safety is in
26     jeopardy; and "emergency response officer" means a peace

 

 

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1     officer, community policing volunteer, fireman, emergency
2     medical technician-ambulance, emergency medical
3     technician-intermediate, emergency medical
4     technician-paramedic, ambulance driver, other medical
5     assistance or first aid personnel, or hospital emergency
6     room personnel; or
7         (13) When a defendant commits any felony and the
8     defendant used, possessed, exercised control over, or
9     otherwise directed an animal to assault a law enforcement
10     officer engaged in the execution of his or her official
11     duties or in furtherance of the criminal activities of an
12     organized gang in which the defendant is engaged.
13     (b-1) For the purposes of this Section, "organized gang"
14 has the meaning ascribed to it in Section 10 of the Illinois
15 Streetgang Terrorism Omnibus Prevention Act.
16     (c) The court may impose an extended term sentence under
17 Section 5-8-2 upon any offender who was convicted of aggravated
18 criminal sexual assault or predatory criminal sexual assault of
19 a child under subsection (a)(1) of Section 12-14.1 of the
20 Criminal Code of 1961 where the victim was under 18 years of
21 age at the time of the commission of the offense.
22     (d) The court may impose an extended term sentence under
23 Section 5-8-2 upon any offender who was convicted of unlawful
24 use of weapons under Section 24-1 of the Criminal Code of 1961
25 for possessing a weapon that is not readily distinguishable as
26 one of the weapons enumerated in Section 24-1 of the Criminal

 

 

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1 Code of 1961.
2 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
3 eff. 9-11-05; 94-819, eff. 5-31-06.)".