Rep. Frances Ann Hurley
Filed: 5/24/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 416 




2 AMENDMENT NO. ______. Amend Senate Bill 416 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 has a physical disability 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" has the meaning ascribed to it in paragraph 
5 (O-1) of Section 1-103 of the Illinois Human Rights Act;

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, the 
5 ID/DD Community Care Act, or the MC/DD 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 or infirm or who was a person with a 
12 disability by taking advantage of a family or fiduciary 
13 relationship with the elderly or infirm person or person 
14 with a disability;

15  (24)
the defendant committed any offense under Section 
16 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
17 of 2012 and possessed 100 or more images;

18  (25) the defendant committed the offense while the 
19 defendant or the victim was in a train, bus, or other 
20 vehicle used for public transportation;
21  (26) the defendant committed the offense of child 
22 pornography or aggravated child pornography, specifically 
23 including paragraph (1), (2), (3), (4), (5), or (7) of 
24 subsection (a) of Section 11-20.1 of the Criminal Code of 
25 1961 or the Criminal Code of 2012 where a child engaged in, 
26 solicited for, depicted in, or posed in any act of sexual 
 
 
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1 penetration or bound, fettered, or subject to sadistic, 
2 masochistic, or sadomasochistic abuse in a sexual context 
3 and specifically including paragraph (1), (2), (3), (4), 
4 (5), or (7) of subsection (a) of Section 11-20.1B or 
5 Section 11-20.3 of the Criminal Code of 1961 where a child 
6 engaged in, solicited for, depicted in, or posed in any act 
7 of sexual penetration or bound, fettered, or subject to 
8 sadistic, masochistic, or sadomasochistic abuse in a 
9 sexual context;
10  (27) the defendant committed the offense of first 
11 degree murder, assault, aggravated assault, battery, 
12 aggravated battery, robbery, armed robbery, or aggravated 
13 robbery against a person who was a veteran and the 
14 defendant knew, or reasonably should have known, that the 
15 person was a veteran performing duties as a representative 
16 of a veterans' organization. For the purposes of this 
17 paragraph (27), "veteran" means an Illinois resident who 
18 has served as a member of the United States Armed Forces, a 
19 member of the Illinois National Guard, or a member of the 
20 United States Reserve Forces; and "veterans' organization" 
21 means an organization comprised of members of
which 
22 substantially all are individuals who are veterans or 
23 spouses,
widows, or widowers of veterans, the primary 
24 purpose of which is to
promote the welfare of its members 
25 and to provide assistance to the general
public in such a 
26 way as to confer a public benefit; 
 
 
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1  (28) the defendant committed the offense of assault, 
2 aggravated assault, battery, aggravated battery, robbery, 
3 armed robbery, or aggravated robbery against a person that 
4 the defendant knew or reasonably should have known was a 
5 letter carrier or postal worker while that person was 
6 performing his or her duties delivering mail for the United 
7 States Postal Service;
8  (29) the defendant committed the offense of criminal 
9 sexual assault, aggravated criminal sexual assault, 
10 criminal sexual abuse, or aggravated criminal sexual abuse 
11 against a victim with an intellectual disability, and the 
12 defendant holds a position of trust, authority, or 
13 supervision in relation to the victim;
14  (30) the defendant committed the offense of promoting 
15 juvenile prostitution, patronizing a prostitute, or 
16 patronizing a minor engaged in prostitution and at the time 
17 of the commission of the offense knew that the prostitute 
18 or minor engaged in prostitution was in the custody or 
19 guardianship of the Department of Children and Family 
20 Services; or
21  (31) the defendant (i) committed the offense of driving 
22 while under the influence of alcohol, other drug or drugs, 
23 intoxicating compound or compounds or any combination 
24 thereof in violation of Section 11-501 of the Illinois 
25 Vehicle Code or a similar provision of a local ordinance 
26 and (ii) the defendant during the commission of the offense 
 
 
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1 was driving his or her vehicle upon a roadway designated 
2 for one-way traffic in the opposite direction of the 
3 direction indicated by official traffic control devices; 
4 or . 
5  (32) the defendant was found guilty of an 
6 administrative infraction related to an act or acts of 
7 public indecency or sexual misconduct in the penal 
8 institution. In this paragraph (32), "penal institution" 
9 has the same meaning as in Section 2-14 of the Criminal 
10 Code of 2012.
11 For the purposes of this Section:

12 "School" is defined as a public or private
elementary or 
13secondary school, community college, college, or university.

14 "Day care center" means a public or private State certified 
15and
licensed day care center as defined in Section 2.09 of the 
16Child Care Act of
1969 that displays a sign in plain view 
17stating that the
property is a day care center.

18 "Intellectual disability" means significantly subaverage 
19intellectual functioning which exists concurrently
with 
20impairment in adaptive behavior. 
21 "Public transportation" means the transportation
or 
22conveyance of persons by means available to the general public, 
23and includes paratransit services.
24 "Traffic control devices" means all signs, signals, 
25markings, and devices that conform to the Illinois Manual on 
26Uniform Traffic Control Devices, placed or erected by authority 
 
 
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1of a public body or official having jurisdiction, for the 
2purpose of regulating, warning, or guiding traffic. 
3 (b) The following factors, related to all felonies, may be 
4considered by the court as
reasons to impose an extended term 
5sentence under Section 5-8-2
upon any offender:

6  (1) When a defendant is convicted of any felony, after 
7 having
been previously convicted in Illinois or any other 
8 jurisdiction of the
same or similar class felony or greater 
9 class felony, when such conviction
has occurred within 10 
10 years after the
previous conviction, excluding time spent 
11 in custody, and such charges are
separately brought and 
12 tried and arise out of different series of acts; or

13  (2) When a defendant is convicted of any felony and the 
14 court
finds that the offense was accompanied by 
15 exceptionally brutal
or heinous behavior indicative of 
16 wanton cruelty; or

17  (3) When a defendant is convicted of any felony 
18 committed against:

19   (i) a person under 12 years of age at the time of 
20 the offense or such
person's property;

21   (ii) a person 60 years of age or older at the time 
22 of the offense or
such person's property; or

23   (iii) a person who had a physical disability at the 
24 time of the offense or
such person's property; or

25  (4) When a defendant is convicted of any felony and the 
26 offense
involved any of the following types of specific 
 
 
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1 misconduct committed as
part of a ceremony, rite, 
2 initiation, observance, performance, practice or
activity 
3 of any actual or ostensible religious, fraternal, or social 
4 group:

5   (i) the brutalizing or torturing of humans or 
6 animals;

7   (ii) the theft of human corpses;

8   (iii) the kidnapping of humans;

9   (iv) the desecration of any cemetery, religious, 
10 fraternal, business,
governmental, educational, or 
11 other building or property; or

12   (v) ritualized abuse of a child; or

13  (5) When a defendant is convicted of a felony other 
14 than conspiracy and
the court finds that
the felony was 
15 committed under an agreement with 2 or more other persons

16 to commit that offense and the defendant, with respect to 
17 the other
individuals, occupied a position of organizer, 
18 supervisor, financier, or any
other position of management 
19 or leadership, and the court further finds that
the felony 
20 committed was related to or in furtherance of the criminal

21 activities of an organized gang or was motivated by the 
22 defendant's leadership
in an organized gang; or

23  (6) When a defendant is convicted of an offense 
24 committed while using a firearm with a
laser sight attached 
25 to it. For purposes of this paragraph, "laser sight"
has 
26 the meaning ascribed to it in Section 26-7 of the Criminal 
 
 
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1 Code of
2012; or

2  (7) When a defendant who was at least 17 years of age 
3 at the
time of
the commission of the offense is convicted 
4 of a felony and has been previously
adjudicated a 
5 delinquent minor under the Juvenile Court Act of 1987 for 
6 an act
that if committed by an adult would be a Class X or 
7 Class 1 felony when the
conviction has occurred within 10 
8 years after the previous adjudication,
excluding time 
9 spent in custody; or

10  (8) When a defendant commits any felony and the 
11 defendant used, possessed, exercised control over, or 
12 otherwise directed an animal to assault a law enforcement 
13 officer engaged in the execution of his or her official 
14 duties or in furtherance of the criminal activities of an 
15 organized gang in which the defendant is engaged; or


16  (9) When a defendant commits any felony and the 
17 defendant knowingly video or audio records the offense with 
18 the intent to disseminate the recording. 
19 (c) The following factors may be considered by the court as 
20reasons to impose an extended term sentence under Section 5-8-2 
21(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
22  (1) When a defendant is convicted of first degree 
23 murder, after having been previously convicted in Illinois 
24 of any offense listed under paragraph (c)(2) of Section 
25 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
26 within 10 years after the previous conviction, excluding 
 
 
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1 time spent in custody, and the charges are separately 
2 brought and tried and arise out of different series of 
3 acts.
4  (1.5) When a defendant is convicted of first degree 
5 murder, after having been previously convicted of domestic 
6 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
7 (720 ILCS 5/12-3.3) committed on the same victim or after 
8 having been previously convicted of violation of an order 
9 of protection (720 ILCS 5/12-30) in which the same victim 
10 was the protected person. 
11  (2) When a defendant is convicted of voluntary 
12 manslaughter, second degree murder, involuntary 
13 manslaughter, or reckless homicide in which the defendant 
14 has been convicted of causing the death of more than one 
15 individual.
16  (3) When a defendant is convicted of aggravated 
17 criminal sexual assault or criminal sexual assault, when 
18 there is a finding that aggravated criminal sexual assault 
19 or criminal sexual assault was also committed on the same 
20 victim by one or more other individuals, and the defendant 
21 voluntarily participated in the crime with the knowledge of 
22 the participation of the others in the crime, and the 
23 commission of the crime was part of a single course of 
24 conduct during which there was no substantial change in the 
25 nature of the criminal objective.
26  (4) If the victim was under 18 years of age at the time 
 
 
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1 of the commission of the offense, when a defendant is 
2 convicted of aggravated criminal sexual assault or 
3 predatory criminal sexual assault of a child under 
4 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
5 of Section 12-14.1 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
7  (5) When a defendant is convicted of a felony violation 
8 of Section 24-1 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
10 finding that the defendant is a member of an organized 
11 gang.
12  (6) When a defendant was convicted of unlawful use of 
13 weapons under Section 24-1 of the Criminal Code of 1961 or 
14 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
15 a weapon that is not readily distinguishable as one of the 
16 weapons enumerated in Section 24-1 of the Criminal Code of 
17 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
18  (7) When a defendant is convicted of an offense 
19 involving the illegal manufacture of a controlled 
20 substance under Section 401 of the Illinois Controlled 
21 Substances Act (720 ILCS 570/401), the illegal manufacture 
22 of methamphetamine under Section 25 of the Methamphetamine 
23 Control and Community Protection Act (720 ILCS 646/25), or 
24 the illegal possession of explosives and an emergency 
25 response officer in the performance of his or her duties is 
26 killed or injured at the scene of the offense while 
 
 
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1 responding to the emergency caused by the commission of the 
2 offense. In this paragraph, "emergency" means a situation 
3 in which a person's life, health, or safety is in jeopardy; 
4 and "emergency response officer" means a peace officer, 
5 community policing volunteer, fireman, emergency medical 
6 technician-ambulance, emergency medical 
7 technician-intermediate, emergency medical 
8 technician-paramedic, ambulance driver, other medical 
9 assistance or first aid personnel, or hospital emergency 
10 room personnel.

11  (8) When the defendant is convicted of attempted mob 
12 action, solicitation to commit mob action, or conspiracy to 
13 commit mob action under Section 8-1, 8-2, or 8-4 of the 
14 Criminal Code of 2012, where the criminal object is a 
15 violation of Section 25-1 of the Criminal Code of 2012, and 
16 an electronic communication is used in the commission of 
17 the offense. For the purposes of this paragraph (8), 
18 "electronic communication" shall have the meaning provided 
19 in Section 26.5-0.1 of the Criminal Code of 2012. 
20 (d) For the purposes of this Section, "organized gang" has 
21the meaning
ascribed to it in Section 10 of the Illinois 
22Streetgang Terrorism Omnibus
Prevention Act.

23 (e) The court may impose an extended term sentence under 
24Article 4.5 of Chapter V upon an offender who has been 
25convicted of a felony violation of Section 11-1.20, 11-1.30, 
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
 
 
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112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
2when the victim of the offense is under 18 years of age at the 
3time of the commission of the offense and, during the 
4commission of the offense, the victim was under the influence 
5of alcohol, regardless of whether or not the alcohol was 
6supplied by the offender; and the offender, at the time of the 
7commission of the offense, knew or should have known that the 
8victim had consumed alcohol. 
9(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, 
10eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, 
11eff. 7-28-16; 100-1053, eff. 1-1-19.)".