101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2876
 
Introduced , by Rep. Martin J. Moylan
 
SYNOPSIS AS INTRODUCED:



 
730 ILCS 5/5-5-3.2

 Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed a crime of violence or criminal damage to property in a woman's health clinic or on the real property comprising the clinic or who intimidates persons attending the clinic or physicians or nurses at the clinic performing services at the clinic. Provides for the aggravating factor to be applicable, the offense of intimidation against persons attending a woman's health clinic or physicians or nurses at the clinic who perform services at the clinic is limited to intimidation committed by: (1) inflicting physical harm on the person threatened or any other person or on property; (2) subjecting any person to physical confinement or restraint; or (3) committing a felony or Class A misdemeanor. Defines "woman's health clinic", "health care services", and "crime of violence".



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB2876LRB101 06987 SLF 52020 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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;

17  (3) the defendant has a history of prior delinquency or 
18 criminal activity;

19  (4) the defendant, by the duties of his office or by 
20 his position,
was obliged to prevent the particular offense 
21 committed or to bring
the offenders committing it to 
22 justice;

23  (5) the defendant held public office at the time of the 
 
 
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1 offense,
and the offense related to the conduct of that 
2 office;

3  (6) the defendant utilized his professional reputation 
4 or
position in the community to commit the offense, or to 
5 afford
him an easier means of committing it;

6  (7) the sentence is necessary to deter others from 
7 committing
the same crime;

8  (8) the defendant committed the offense against a 
9 person 60 years of age
or older or such person's property;

10  (9) the defendant committed the offense against a 
11 person who has a physical disability or such person's 
12 property;

13  (10) by reason of another individual's actual or 
14 perceived race, color,
creed, religion, ancestry, gender, 
15 sexual orientation, physical or mental
disability, or 
16 national origin, the defendant committed the offense 
17 against (i)
the person or property
of that individual; (ii) 
18 the person or property of a person who has an
association 
19 with, is married to, or has a friendship with the other 
20 individual;
or (iii) the person or property of a relative 
21 (by blood or marriage) of a
person described in clause (i) 
22 or (ii). For the purposes of this Section,
"sexual 
23 orientation" has the meaning ascribed to it in paragraph 
24 (O-1) of Section 1-103 of the Illinois Human Rights Act;

25  (11) the offense took place in a place of worship or on 
26 the
grounds of a place of worship, immediately prior to, 
 
 
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1 during or immediately
following worship services. For 
2 purposes of this subparagraph, "place of
worship" shall 
3 mean any church, synagogue or other building, structure or

4 place used primarily for religious worship;

5  (12) the defendant was convicted of a felony committed 
6 while he was
released on bail or his own recognizance 
7 pending trial for a prior felony
and was convicted of such 
8 prior felony, or the defendant was convicted of a
felony 
9 committed while he was serving a period of probation,

10 conditional discharge, or mandatory supervised release 
11 under subsection (d)
of Section 5-8-1
for a prior felony;

12  (13) the defendant committed or attempted to commit a 
13 felony while he
was wearing a bulletproof vest. For the 
14 purposes of this paragraph (13), a
bulletproof vest is any 
15 device which is designed for the purpose of
protecting the 
16 wearer from bullets, shot or other lethal projectiles;

17  (14) the defendant held a position of trust or 
18 supervision such as, but
not limited to, family member as 
19 defined in Section 11-0.1 of the Criminal Code
of 2012, 
20 teacher, scout leader, baby sitter, or day care worker, in

21 relation to a victim under 18 years of age, and the 
22 defendant committed an
offense in violation of Section 
23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
24 11-14.4 except for an offense that involves keeping a place 
25 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

26 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
 
 
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1 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
2 of 2012
against
that victim;

3  (15) the defendant committed an offense related to the 
4 activities of an
organized gang. For the purposes of this 
5 factor, "organized gang" has the
meaning ascribed to it in 
6 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
7 Act;

8  (16) the defendant committed an offense in violation of 
9 one of the
following Sections while in a school, regardless 
10 of the time of day or time of
year; on any conveyance 
11 owned, leased, or contracted by a school to transport

12 students to or from school or a school related activity; on 
13 the real property
of a school; or on a public way within 
14 1,000 feet of the real property
comprising any school: 
15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
18 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
19 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
20 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
21 Criminal Code of 2012;

22  (16.5) the defendant committed an offense in violation 
23 of one of the
following Sections while in a day care 
24 center, regardless of the time of day or
time of year; on 
25 the real property of a day care center, regardless of the 
26 time
of day or time of year; or on a public
way within 
 
 
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1 1,000 feet of the real property comprising any day care 
2 center,
regardless of the time of day or time of year:

3 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
4 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
5 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
6 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
7 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
8 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
9 Criminal Code of 2012;

10  (17) the defendant committed the offense by reason of 
11 any person's
activity as a community policing volunteer or 
12 to prevent any person from
engaging in activity as a 
13 community policing volunteer. For the purpose of
this 
14 Section, "community policing volunteer" has the meaning 
15 ascribed to it in
Section 2-3.5 of the Criminal Code of 
16 2012;

17  (18) the defendant committed the offense in a nursing 
18 home or on the
real
property comprising a nursing home. For 
19 the purposes of this paragraph (18),
"nursing home" means a 
20 skilled nursing
or intermediate long term care facility 
21 that is subject to license by the
Illinois Department of 
22 Public Health under the Nursing Home Care
Act, the 
23 Specialized Mental Health Rehabilitation Act of 2013, the 
24 ID/DD Community Care Act, or the MC/DD Act;

25  (19) the defendant was a federally licensed firearm 
26 dealer
and
was
previously convicted of a violation of 
 
 
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1 subsection (a) of Section 3 of the
Firearm Owners 
2 Identification Card Act and has now committed either a 
3 felony
violation
of the Firearm Owners Identification Card 
4 Act or an act of armed violence while
armed
with a firearm;
5  (20) the defendant (i) committed the offense of 
6 reckless homicide under Section 9-3 of the Criminal Code of 
7 1961 or the Criminal Code of 2012 or the offense of driving 
8 under the influence of alcohol, other drug or
drugs, 
9 intoxicating compound or compounds or any combination 
10 thereof under Section 11-501 of the Illinois Vehicle Code 
11 or a similar provision of a local ordinance and (ii) was 
12 operating a motor vehicle in excess of 20 miles per hour 
13 over the posted speed limit as provided in Article VI of 
14 Chapter 11 of the Illinois Vehicle Code;


15  (21) the defendant (i) committed the offense of 
16 reckless driving or aggravated reckless driving under 
17 Section 11-503 of the Illinois Vehicle Code and (ii) was 
18 operating a motor vehicle in excess of 20 miles per hour 
19 over the posted speed limit as provided in Article VI of 
20 Chapter 11 of the Illinois Vehicle Code;
21  (22) the defendant committed the offense against a 
22 person that the defendant knew, or reasonably should have 
23 known, was a member of the Armed Forces of the United 
24 States serving on active duty. For purposes of this clause 
25 (22), the term "Armed Forces" means any of the Armed Forces 
26 of the United States, including a member of any reserve 
 
 
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1 component thereof or National Guard unit called to active 
2 duty;

3  (23)
the defendant committed the offense against a 
4 person who was elderly or infirm or who was a person with a 
5 disability by taking advantage of a family or fiduciary 
6 relationship with the elderly or infirm person or person 
7 with a disability;

8  (24)
the defendant committed any offense under Section 
9 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
10 of 2012 and possessed 100 or more images;

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

7 "Crime of violence" has the meaning ascribed to it in 
8Section 2 of the Crime Victims Compensation Act. 
9 "School" is defined as a public or private
elementary or 
10secondary school, community college, college, or university.

11 "Day care center" means a public or private State certified 
12and
licensed day care center as defined in Section 2.09 of the 
13Child Care Act of
1969 that displays a sign in plain view 
14stating that the
property is a day care center.

15 "Health care services" means any services included in the 
16furnishing to a person of medical care. 
17 "Intellectual disability" means significantly subaverage 
18intellectual functioning which exists concurrently
with 
19impairment in adaptive behavior. 
20 "Public transportation" means the transportation
or 
21conveyance of persons by means available to the general public, 
22and includes paratransit services.
23 "Woman's health clinic" means an outpatient facility that 
24provides health care services, including a facility that 
25provides reproductive health care, primarily to female 
26patients.
 
 
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1 "Traffic control devices" means all signs, signals, 
2markings, and devices that conform to the Illinois Manual on 
3Uniform Traffic Control Devices, placed or erected by authority 
4of a public body or official having jurisdiction, for the 
5purpose of regulating, warning, or guiding traffic. 
6 (b) The following factors, related to all felonies, may be 
7considered by the court as
reasons to impose an extended term 
8sentence under Section 5-8-2
upon any offender:

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

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

20  (3) When a defendant is convicted of any felony 
21 committed against:

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

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

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

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

8   (i) the brutalizing or torturing of humans or 
9 animals;

10   (ii) the theft of human corpses;

11   (iii) the kidnapping of humans;

12   (iv) the desecration of any cemetery, religious, 
13 fraternal, business,
governmental, educational, or 
14 other building or property; or

15   (v) ritualized abuse of a child; or

16  (5) 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 management 
22 or leadership, and the court further finds that
the felony 
23 committed was related to or in furtherance of the criminal

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

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

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

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


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

14  (8) When the defendant is convicted of attempted mob 
15 action, solicitation to commit mob action, or conspiracy to 
16 commit mob action under Section 8-1, 8-2, or 8-4 of the 
17 Criminal Code of 2012, where the criminal object is a 
18 violation of Section 25-1 of the Criminal Code of 2012, and 
19 an electronic communication is used in the commission of 
20 the offense. For the purposes of this paragraph (8), 
21 "electronic communication" shall have the meaning provided 
22 in Section 26.5-0.1 of the Criminal Code of 2012. 
23 (d) For the purposes of this Section, "organized gang" has 
24the meaning
ascribed to it in Section 10 of the Illinois 
25Streetgang Terrorism Omnibus
Prevention Act.

26 (e) The court may impose an extended term sentence under 
 
 
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1Article 4.5 of Chapter V upon an offender who has been 
2convicted of a felony violation of Section 11-1.20, 11-1.30, 
311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
412-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
5when the victim of the offense is under 18 years of age at the 
6time of the commission of the offense and, during the 
7commission of the offense, the victim was under the influence 
8of alcohol, regardless of whether or not the alcohol was 
9supplied by the offender; and the offender, at the time of the 
10commission of the offense, knew or should have known that the 
11victim had consumed alcohol. 
12(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, 
13eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, 
14eff. 7-28-16; 100-1053, eff. 1-1-19.)