Bill Text: IL HB4764 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. In the predatory criminal sexual assault of a child statute, makes additional changes in the sentencing provisions for that offense. Provides that the court shall impose an additional 11 year sentence upon a person convicted of criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse if the victim of the criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse was under 18 years of age at the time of the commission of the offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall provide an alleged victim of a sexual assault with a statement of the rights guaranteed by the Act and the Bill of Rights for Children and an explanation of those rights. Amends the Unified Code of Corrections. Provides that the court shall impose an extended term sentence upon any offender who has been convicted of a felony violation of the statutes concerning criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse if the victim of the criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission or attempted commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the accused.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB4764 Detail]

Download: Illinois-2009-HB4764-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4764 Introduced 1/11/2010___________, by SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Code of 1961. In the predatory criminal sexual assault of a child statute, makes additional changes in the sentencing provisions for that offense. Provides that the court shall impose an additional 11 year sentence upon a person convicted of criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse if the victim of the criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse was under 18 years of age at the time of the commission of the offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall provide an alleged victim of a sexual assault with a statement of the rights guaranteed by the Act and the Bill of Rights for Children and an explanation of those rights. Amends the Unified Code of Corrections. Provides that the court shall impose an extended term sentence upon any offender who has been convicted of a felony violation of the statutes concerning criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse if the victim of the criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission or attempted commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the accused.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4764 LRB096 16295 RLC 32033 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-13, 12-14, 12-14.1, and 12-16 as follows:
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or
she:
(1) commits an act of sexual penetration by the use of
force or threat of force; or
(2) commits an act of sexual penetration and the
accused knew that the victim was unable to understand the
nature of the act or was unable to give knowing consent; or
(3) commits an act of sexual penetration with a victim
who was under 18 years of age when the act was committed
and the accused was a family member; or
(4) commits an act of sexual penetration with a victim
who was at least 13 years of age but under 18 years of age
when the act was committed and the accused was 17 years of
age or over and held a position of trust, authority or
supervision in relation to the victim.
(b) Sentence.

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(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of criminal sexual assault or the offense of
exploitation of a child, or who is convicted of the offense
of criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted under the
laws of this State or any other state of an offense that is
substantially equivalent to the offense of criminal sexual
assault or to the offense of exploitation of a child,
commits a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 30
years and not more than 60 years. The commission of the
second or subsequent offense is required to have been after
the initial conviction for this paragraph (2) to apply.
(3) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of aggravated criminal sexual assault or the
offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of criminal sexual assault
as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted under the laws of this State or
any other state of an offense that is substantially
equivalent to the offense of aggravated criminal sexual

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assault or the offense of criminal predatory sexual assault
shall be sentenced to a term of natural life imprisonment.
The commission of the second or subsequent offense is
required to have been after the initial conviction for this
paragraph (3) to apply.
(3.5) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(4)
commits a Class 1 felony for which 11 years shall be added
to the term of imprisonment imposed by the court.
(4) A second or subsequent conviction for a violation
of paragraph (a)(3) or (a)(4) or under any similar statute
of this State or any other state for any offense involving
criminal sexual assault that is substantially equivalent
to or more serious than the sexual assault prohibited under
paragraph (a)(3) or (a)(4) is a Class X felony.
(5) When a person has any such prior conviction, the
information or indictment charging that person shall state
such prior conviction so as to give notice of the State's
intention to treat the charge as a Class X felony. The fact
of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(Source: P.A. 95-640, eff. 6-1-08.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)

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Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault
if he or she commits criminal sexual assault and any of the
following aggravating circumstances existed during, or for the
purposes of paragraph (7) of this subsection (a) as part of the
same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon, other than a firearm, or any object
fashioned or utilized in such a manner as to lead the
victim under the circumstances reasonably to believe it to
be a dangerous weapon; or
(2) the accused caused bodily harm, except as provided
in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to threaten
or endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during
the course of the commission or attempted commission of any
other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance; or

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(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm during
the commission of the offense; or
(10) the accused, during the commission of the offense,
personally discharged a firearm that proximately caused
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) The accused commits aggravated criminal sexual assault
if the accused was under 17 years of age and (i) commits an act
of sexual penetration with a victim who was under 9 years of
age when the act was committed; or (ii) commits an act of
sexual penetration with a victim who was at least 9 years of
age but under 13 years of age when the act was committed and
the accused used force or threat of force to commit the act.
(c) The accused commits aggravated criminal sexual assault
if he or she commits an act of sexual penetration with a victim
who was a severely or profoundly mentally retarded person at
the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b) or (c) is a Class X
felony. Aggravated criminal sexual assault in violation of
subsection (b) is a Class X felony for which 11 years shall
be added to the term of imprisonment imposed by the court.
A violation of subsection (a)(1) is a Class X felony for

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which 10 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(8) is a
Class X felony for which 15 years shall be added to the
term of imprisonment imposed by the court. A violation of
subsection (a)(9) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(10) is a Class X
felony for which 25 years or up to a term of natural life
imprisonment shall be added to the term of imprisonment
imposed by the court.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted of the
offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal sexual
assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a
child, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.

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(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
eff. 12-19-01; 92-721, eff. 1-1-03.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault
of a child if:
(1) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13
years of age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual
penetration with a victim who was under 13 years of age
when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was
under 13 years of age when the act was committed and,
during the commission of the offense, the accused
personally discharged a firearm; or
(2) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13
years of age when the act was committed and the accused
caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and commits

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an act of sexual penetration with a victim who was under 13
years of age when the act was committed and the accused
delivered (by injection, inhalation, ingestion, transfer
of possession, or any other means) to the victim without
his or her consent, or by threat or deception, and for
other than medical purposes, any controlled substance; or .
(3.1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was
under 13 years of age when the act was committed and,
during the commission or attempted commission of the act,
the victim was under the influence of alcohol, regardless
of whether or not the alcohol was supplied by the accused.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall
be sentenced to a term of imprisonment of not less than 6
years and not more than 60 years. A person convicted of a
violation of subsection (a)(1.1) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(1.2) commits a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2) commits a Class X felony for
which the person shall be sentenced to a term of
imprisonment of not less than 60 50 years or up to a term

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of natural life imprisonment. A person convicted of a
violation of subsection (a)(3.1) commits a Class X felony
for which 11 years shall be added to the term of
imprisonment imposed by the court.
(1.1) A person convicted of a violation of subsection
(a)(3) commits a Class X felony for which the person shall
be sentenced to a term of imprisonment of not less than 50
years and not more than 60 years.
(1.2) A person convicted of predatory criminal sexual
assault of a child committed against 2 or more persons
regardless of whether the offenses occurred as the result
of the same act or of several related or unrelated acts
shall be sentenced to a term of natural life imprisonment.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of predatory criminal
sexual assault of a child after having previously been
convicted of the offense of criminal sexual assault or the
offense of aggravated criminal sexual assault, or who is
convicted of the offense of predatory criminal sexual
assault of a child after having previously been convicted
under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense
of aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of

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natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 95-640, eff. 6-1-08.)
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
Sec. 12-16. Aggravated Criminal Sexual Abuse.
(a) The accused commits aggravated criminal sexual abuse if
he or she commits criminal sexual abuse as defined in
subsection (a) of Section 12-15 of this Code and any of the
following aggravating circumstances existed during, or for the
purposes of paragraph (7) of this subsection (a) as part of the
same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use or used a
dangerous weapon or any object fashioned or utilized in
such a manner as to lead the victim under the circumstances
reasonably to believe it to be a dangerous weapon; or
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the
offense was committed; or
(4) the victim was a physically handicapped person; or
(5) the accused acted in such a manner as to threaten
or endanger the life of the victim or any other person; or
(6) the criminal sexual abuse was perpetrated during
the course of the commission or attempted commission of any
other felony by the accused; or

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(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(b) The accused commits aggravated criminal sexual abuse if
he or she commits an act of sexual conduct with a victim who
was under 18 years of age when the act was committed and the
accused was a family member.
(c) The accused commits aggravated criminal sexual abuse
if:
(1) the accused was 17 years of age or over and (i)
commits an act of sexual conduct with a victim who was
under 13 years of age when the act was committed; or (ii)
commits an act of sexual conduct with a victim who was at
least 13 years of age but under 17 years of age when the
act was committed and the accused used force or threat of
force to commit the act; or
(2) the accused was under 17 years of age and (i)
commits an act of sexual conduct with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual conduct with a victim who was at
least 9 years of age but under 17 years of age when the act
was committed and the accused used force or threat of force
to commit the act.
(d) The accused commits aggravated criminal sexual abuse if

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he or she commits an act of sexual penetration or sexual
conduct with a victim who was at least 13 years of age but
under 17 years of age and the accused was at least 5 years
older than the victim.
(e) The accused commits aggravated criminal sexual abuse if
he or she commits an act of sexual conduct with a victim who
was a severely or profoundly mentally retarded person at the
time the act was committed.
(f) The accused commits aggravated criminal sexual abuse if
he or she commits an act of sexual conduct with a victim who
was at least 13 years of age but under 18 years of age when the
act was committed and the accused was 17 years of age or over
and held a position of trust, authority or supervision in
relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse under
subsection (a) or (e) is a Class 2 felony. Aggravated criminal
sexual abuse under subsection (b), (c), (d), or (f) is a Class
2 felony for which 11 years shall be added to the term of
imprisonment imposed by the court.
(Source: P.A. 92-434, eff. 1-1-02.)
Section 10. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime

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victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of information,
the return of an indictment by which a prosecution for any
violent crime is commenced, or the filing of a petition to
adjudicate a minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place
of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;

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(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of a
secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which
acts occurred for which a defendant is charged with an
offense, shall notify the spouse, parent, child or sibling
of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at

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the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders
filed thereafter in the case, in the same manner as if the
victim were a named party in the case;
(10) at the sentencing hearing shall make a good faith
attempt to explain the minimum amount of time during which
the defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board information concerning the release of the
defendant under subparagraph (d)(1) of this Section;
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided
by law; and
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section; and .
(13) shall provide an alleged victim of a sexual
assault, as defined in Section 1a of the Sexual Assault
Survivors Emergency Treatment Act, within 24 hours after
the indictment of, or the filing of an information or
complaint against, the alleged perpetrator of the sexual
assault with a written or electronic statement of the

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rights guaranteed by this Act and the Bill of Rights for
Children and an explanation of those rights. The alleged
victim of the sexual assault shall sign an acknowledgement
that he or she received such information. If the victim is
under 18 years of age, the parent, legal guardian, or
custodian of the minor shall sign the acknowledgement.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of defendant
from custody, or to alter the conditions of bond and the
sentencing hearing. The crime victim shall also be notified
of the cancellation of the court proceeding in sufficient
time, wherever possible, to prevent an unnecessary
appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of the
defendant on bail or personal recognizance or the release
from detention of a minor who has been detained for a
violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a
juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer of

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a plea bargain to the defendant or enters into negotiations
with the defendant concerning a possible plea agreement,
and shall consider the written victim impact statement, if
prepared prior to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the
cases arising from an indictment or an information, or a
petition to have a juvenile adjudicated as a delinquent for
a violent crime;
(6) provide notice of any appeal taken by the defendant
and information on how to contact the appropriate agency
handling the appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code
of Criminal Procedure of 1963, and of the date, time and
place of any hearing concerning the petition. Whenever
possible, notice of the hearing shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by
the Board in making its determination under subsection (b)
of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime

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from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen" includes
relatives of the victim, friends of the victim, witnesses to
the crime, or any other person associated with the victim or
prisoner.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections, the
victim may request to be notified by the releasing
authority of the defendant's furloughs, temporary release,
or final discharge from State custody. The Department of
Human Services shall establish and maintain a statewide

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telephone number to be used by victims to make notification
requests under these provisions and shall publicize this
telephone number on its website and to the State's Attorney
of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall notify
the victim.
(4) The victim of the crime for which the prisoner has
been sentenced shall receive reasonable written notice not
less than 15 days prior to the parole hearing and may
submit, in writing, on film, videotape or other electronic
means or in the form of a recording or in person at the
parole hearing or if a victim of a violent crime, by
calling the toll-free number established in subsection (f)
of this Section, information for consideration by the
Prisoner Review Board. The victim shall be notified within

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7 days after the prisoner has been granted parole and shall
be informed of the right to inspect the registry of parole
decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of
this paragraph (4) are subject to the Open Parole Hearings
Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order
of discharge entered by the Board pursuant to Section 3-3-8
of the Unified Code of Corrections.
(6) At the written request of the victim of the crime
for which the prisoner was sentenced, the Prisoner Review
Board shall notify the victim of the death of the prisoner
if the prisoner died while on parole or mandatory
supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released or
discharged and subsequently committed to the Department of
Human Services as a sexually violent person and the victim
had requested to be notified by the releasing authority of
the defendant's discharge from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex

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offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board shall notify the victim of the sex
offense of the prisoner's eligibility for release on
parole, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory

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supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff.
8-11-09.)
Section 15. 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)
(Text of Section after amendment by P.A. 96-339)
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 or Article 4.5 of Chapter V:
(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

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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
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

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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
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,

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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
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,

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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
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 or the MR/DD
Community 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

HB4764 - 27 - LRB096 16295 RLC 32033 b
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
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;
(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) the defendant committed any offense under Section

HB4764 - 28 - LRB096 16295 RLC 32033 b
11-20.1 of the Criminal Code of 1961 and possessed 100 or
more images; or
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or .
(26) (25) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"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.

HB4764 - 29 - LRB096 16295 RLC 32033 b
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, 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, 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 any felony
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
(4) When a defendant is convicted of any felony and the

HB4764 - 30 - LRB096 16295 RLC 32033 b
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;
(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
(5) 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
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has

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the meaning ascribed to it in Section 24.6-5 of the
Criminal Code of 1961; or
(7) 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
(8) 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.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of

HB4764 - 32 - LRB096 16295 RLC 32033 b
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) 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.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding 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.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or

HB4764 - 33 - LRB096 16295 RLC 32033 b
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) 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 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), 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, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,

HB4764 - 34 - LRB096 16295 RLC 32033 b
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(c-5) The court shall impose an extended term sentence
under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender who
has been convicted of a felony violation of Section 12-13,
12-14, 12-15, or 12-16 of the Criminal Code of 1961 when the
victim of the offense is under 18 years of age at the time of
the commission of the offense and, during the commission or
attempted commission of the offense, the victim was under the
influence of alcohol, regardless of whether or not the alcohol
was supplied by the accused.
(d) 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.
(Source: P.A. 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;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
HB4764 - 35 - LRB096 16295 RLC 32033 b
INDEX
Statutes amended in order of appearance
720 ILCS 5/12-13 from Ch. 38, par. 12-13
720 ILCS 5/12-14 from Ch. 38, par. 12-14
720 ILCS 5/12-14.1
720 ILCS 5/12-16 from Ch. 38, par. 12-16
725 ILCS 120/4.5
730 ILCS 5/5-5-3.2