State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB0395enr

 
SB395 Enrolled                                 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;
 
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 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
 
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 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
 
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 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
 
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 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:
 
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 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 Enrolled              -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.)

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