State of Illinois
90th General Assembly
Legislation

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90_HB1365

      730 ILCS 5/5-5-3.2        from Ch. 38, par. 1005-5-3.2
          Amends the Unified Code of Corrections.  Provides that if
      a defendant who is serving  a  mandatory  supervised  release
      term  commits  a  forcible felony then the defendant shall be
      sentenced  to   an   extended   term   sentence.    Effective
      immediately.
                                                     LRB9004452RCpc
                                               LRB9004452RCpc
 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;
                            -2-                LRB9004452RCpc
 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
                            -3-                LRB9004452RCpc
 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        For the purposes of this Section, "school" is defined  as
33    a public or private elementary or secondary school, community
34    college, college, or university.
                            -4-                LRB9004452RCpc
 1        (b)  The following factors may be considered by the court
 2    as  reasons to impose an extended term sentence under Section
 3    5-8-2 upon any offender:
 4             (1)  When a defendant is convicted  of  any  felony,
 5        after having been previously convicted in Illinois or any
 6        other jurisdiction of the same or similar class felony or
 7        greater  class  felony, when such conviction has occurred
 8        within 10 years after the previous conviction,  excluding
 9        time  spent  in  custody, and such charges are separately
10        brought and tried and arise out of  different  series  of
11        acts; or
12             (2)  When a defendant is convicted of any felony and
13        the  court  finds  that  the  offense  was accompanied by
14        exceptionally brutal or heinous  behavior  indicative  of
15        wanton cruelty; or
16             (3)  When  a  defendant  is  convicted  of voluntary
17        manslaughter,   second   degree    murder,    involuntary
18        manslaughter  or reckless homicide in which the defendant
19        has been convicted of causing the death of more than  one
20        individual; or
21             (4)  When  a  defendant  is  convicted of any felony
22        committed against:
23                  (i)  a person under 12 years of age at the time
24             of the offense or such person's property;
25                  (ii)  a person 60 years of age or older at  the
26             time of the offense or such person's property; or
27                  (iii)  a  person  physically handicapped at the
28             time of the offense or such person's property; or
29             (5)  In  the  case  of  a  defendant  convicted   of
30        aggravated  criminal  sexual  assault  or criminal sexual
31        assault, when the court finds  that  aggravated  criminal
32        sexual  assault  or  criminal  sexual  assault  was  also
33        committed  on  the  same  victim  by  one  or  more other
34        individuals, and the defendant  voluntarily  participated
                            -5-                LRB9004452RCpc
 1        in  the  crime with the knowledge of the participation of
 2        the others in the crime, and the commission of the  crime
 3        was part of a single course of conduct during which there
 4        was  no  substantial change in the nature of the criminal
 5        objective; or
 6             (6)  When a defendant is convicted of any felony and
 7        the offense  involved  any  of  the  following  types  of
 8        specific  misconduct  committed  as  part  of a ceremony,
 9        rite, initiation, observance,  performance,  practice  or
10        activity   of   any   actual   or  ostensible  religious,
11        fraternal, or social group:
12                  (i)  the brutalizing or torturing of humans  or
13             animals;
14                  (ii)  the theft of human corpses;
15                  (iii)  the kidnapping of humans;
16                  (iv)  the    desecration   of   any   cemetery,
17             religious,   fraternal,   business,    governmental,
18             educational, or other building or property; or
19                  (v)  ritualized abuse of a child; or
20             (7)  When  a  defendant is convicted of first degree
21        murder,  after  having  been  previously   convicted   in
22        Illinois  of any offense listed under paragraph (c)(2) of
23        Section 5-5-3, when such conviction has  occurred  within
24        10  years  after  the previous conviction, excluding time
25        spent in custody, and such charges are separately brought
26        and tried and arise out of different series of acts; or
27             (8)  When a defendant is convicted of a felony other
28        than conspiracy and the court finds that the  felony  was
29        committed under an agreement with 2 or more other persons
30        to commit that offense and the defendant, with respect to
31        the  other individuals, occupied a position of organizer,
32        supervisor,  financier,  or   any   other   position   of
33        management  or  leadership,  and  the court further finds
34        that  the  felony  committed  was  related   to   or   in
                            -6-                LRB9004452RCpc
 1        furtherance  of  the  criminal activities of an organized
 2        gang or was motivated by the defendant's leadership in an
 3        organized gang; or
 4             (9)  When a  defendant  is  convicted  of  a  felony
 5        violation  of  Section  24-1 of the Criminal Code of 1961
 6        and the court finds that the defendant is a member of  an
 7        organized gang.
 8        (b-1)  For the purposes of this Section, "organized gang"
 9    has  the meaning ascribed to it in Section 10 of the Illinois
10    Streetgang Terrorism Omnibus Prevention Act.
11        (c)  The court may impose an extended term sentence under
12    Section  5-8-2  upon  any  offender  who  was  convicted   of
13    aggravated criminal sexual assault where the victim was under
14    18 years of age at the time of the commission of the offense.
15        (d)  The  court  shall  impose  an extended term sentence
16    under Section 5-8-2 upon any offender who was convicted of  a
17    forcible  felony while serving a term of mandatory supervised
18    release.
19    (Source: P.A. 88-45; 88-215; 88-659; 88-677,  eff.  12-15-94;
20    88-678,  eff.  7-1-95;  88-680,  eff.  1-1-95;  89-235,  eff.
21    8-4-95;  89-377, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462,
22    eff. 5-29-96; 89-689 (Sections 65 and  115),  eff.  12-31-96;
23    revised 1-22-97.)
24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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