Bill Text: IL HB0701 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. In the provision that permits the court to impose an extended term sentence when a defendant is convicted of any felony, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, and such charges are separately brought and tried and arise out of different series of acts, excludes the defendant's voluntary absence from the court's jurisdiction during pending criminal proceedings from such 10 year period (under present law only time spent in custody is excluded). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0701 Detail]

Download: Illinois-2009-HB0701-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0701 Introduced 2/6/2009, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
Amends the Unified Code of Corrections. In the provision that permits the court to impose an extended term sentence when a defendant is convicted of any felony, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, and such charges are separately brought and tried and arise out of different series of acts, excludes the defendant's voluntary absence from the court's jurisdiction during pending criminal proceedings from such 10 year period (under present law only time spent in custody is excluded). Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that

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office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For

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purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this

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factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of

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any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as

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provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty; or
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person; or .
(24) (22) the defendant committed any offense under
Section 11-20.1 of the Criminal Code of 1961 and possessed
100 or more images.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.

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"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
(b) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody or the defendant's voluntary absence from the
court's jurisdiction during pending criminal proceedings,
and such charges are separately brought and tried and arise
out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony

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committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(5) In the case of a defendant convicted of aggravated
criminal sexual assault or criminal sexual assault, when
the court finds that aggravated criminal sexual assault or
criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective; or
(6) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;

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(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3, when such conviction has occurred within 10 years
after the previous conviction, excluding time spent in
custody, and such charges are separately brought and tried
and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(9) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 and the court
finds that the defendant is a member of an organized gang;
or

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

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

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Section 5-8-2 upon an offender who has been convicted of first
degree murder when the offender has previously been convicted
of domestic battery or aggravated domestic battery committed
against the murdered individual or has previously been
convicted of violation of an order of protection in which the
murdered individual was the protected person.
(Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362,
eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942,
eff. 1-1-09; revised 9-23-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.