CD CORR-AGG FACTORS SENTENCE

Illinois General Assembly - Full Text of SB3745

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3745

Introduced 2/5/2026, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-5-3.2

Amends the Unified Code of Corrections. Provides that it is a factor
that 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 that the defendant committed an act of sexual conduct or sexual
penetration with a student at a school and the defendant was employed as
school personnel and the act of sexual conduct or sexual penetration
occurred, regardless of the place of occurrence of the act of sexual
conduct or sexual penetration, at the time the defendant was employed as
school personnel. Defines "school personnel" and "student".
LRB104 18073 RLC 31512 b

A BILL FOR

SB3745
LRB104 18073 RLC 31512 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing 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
8
sentencing.
9

(a) The following factors shall be accorded weight in
10
favor of imposing a term of imprisonment or may be considered
11
by the court as reasons to impose a more severe sentence under
12
Section 5-8-1 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
18

or criminal activity;
19

(4) the defendant, by the duties of his office or by
20

his position, was obliged to prevent the particular
21

offense committed or to bring the offenders committing it
22

to justice;
23

(5) the defendant held public office at the time of

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the offense, and the offense related to the conduct of
2

that 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;
18

(ii) the person or property of a person who has an
19

association with, is married to, or has a friendship with
20

the other individual; or (iii) the person or property of a
21

relative (by blood or marriage) of a person described in
22

clause (i) or (ii). For the purposes of this Section,
23

"sexual orientation" has the meaning ascribed to it in
24

paragraph (O-1) of Section 1-103 of the Illinois Human
25

Rights Act;
26

(11) the offense took place in a place of worship or on

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1

the grounds of a place of worship, immediately prior to,
2

during or immediately following worship services. For
3

purposes of this subparagraph, "place of worship" shall
4

mean any church, synagogue or other building, structure or
5

place used primarily for religious worship;
6

(12) the defendant was convicted of a felony committed
7

while he was on pretrial release or his own recognizance
8

pending trial for a prior felony and was convicted of such
9

prior felony, or the defendant was convicted of a felony
10

committed while he was serving a period of probation,
11

conditional discharge, or mandatory supervised release
12

under subsection (d) of Section 5-8-1 for a prior felony;
13

(13) the defendant committed or attempted to commit a
14

felony while he was wearing a bulletproof vest. For the
15

purposes of this paragraph (13), a bulletproof vest is any
16

device which is designed for the purpose of protecting the
17

wearer from bullets, shot or other lethal projectiles;
18

(14) the defendant held a position of trust or
19

supervision such as, but not limited to, family member as
20

defined in Section 11-0.1 of the Criminal Code of 2012,
21

teacher, scout leader, baby sitter, or day care worker, in
22

relation to a victim under 18 years of age, and the
23

defendant committed an offense in violation of Section
24

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
25

11-14.4 except for an offense that involves keeping a
26

place of commercial sexual exploitation of a child,

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1

11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
2

12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
3

of 1961 or the Criminal Code of 2012 against that victim;
4

(15) the defendant committed an offense related to the
5

activities of an organized gang. For the purposes of this
6

factor, "organized gang" has the meaning ascribed to it in
7

Section 10 of the Streetgang Terrorism Omnibus Prevention
8

Act;
9

(16) the defendant committed an offense in violation
10

of one of the following Sections while in a school,
11

regardless of the time of day or time of year; on any
12

conveyance owned, leased, or contracted by a school to
13

transport students to or from school or a school related
14

activity; on the real property of a school; or on a public
15

way within 1,000 feet of the real property comprising any
16

school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
17

11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
18

11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
19

12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
20

12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
21

for subdivision (a)(4) or (g)(1), of the Criminal Code of
22

1961 or the Criminal Code of 2012;
23

(16.5) the defendant committed an offense in violation
24

of one of the following Sections while in a day care
25

center, regardless of the time of day or time of year; on
26

the real property of a day care center, regardless of the

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time of day or time of year; or on a public way within
2

1,000 feet of the real property comprising any day care
3

center, regardless of the time of day or time of year:
4

Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5

11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6

11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7

12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8

18-2, or 33A-2, or Section 12-3.05 except for subdivision
9

(a)(4) or (g)(1), of the Criminal Code of 1961 or the
10

Criminal Code of 2012;
11

(17) the defendant committed the offense by reason of
12

any person's activity as a community policing volunteer or
13

to prevent any person from engaging in activity as a
14

community policing volunteer. For the purpose of this
15

Section, "community policing volunteer" has the meaning
16

ascribed to it in Section 2-3.5 of the Criminal Code of
17

2012;
18

(18) the defendant committed the offense in a nursing
19

home or on the real property comprising a nursing home.
20

For the purposes of this paragraph (18), "nursing home"
21

means a skilled nursing or intermediate long term care
22

facility that is subject to license by the Illinois
23

Department of Public Health under the Nursing Home Care
24

Act, the Specialized Mental Health Rehabilitation Act of
25

2013, the ID/DD Community Care Act, or the MC/DD Act;
26

(19) the defendant was a federally licensed firearm

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1

dealer and was previously convicted of a violation of
2

subsection (a) of Section 3 of the Firearm Owners
3

Identification Card Act and has now committed either a
4

felony violation of the Firearm Owners Identification Card
5

Act or an act of armed violence while armed with a firearm;
6

(20) the defendant (i) committed the offense of
7

reckless homicide under Section 9-3 of the Criminal Code
8

of 1961 or the Criminal Code of 2012 or the offense of
9

driving under the influence of alcohol, other drug or
10

drugs, intoxicating compound or compounds or any
11

combination thereof under Section 11-501 of the Illinois
12

Vehicle Code or a similar provision of a local ordinance
13

and (ii) was operating a motor vehicle in excess of 20
14

miles per hour over the posted speed limit as provided in
15

Article VI of Chapter 11 of the Illinois Vehicle Code;
16

(21) the defendant (i) committed the offense of
17

reckless driving or aggravated reckless driving under
18

Section 11-503 of the Illinois Vehicle Code and (ii) was
19

operating a motor vehicle in excess of 20 miles per hour
20

over the posted speed limit as provided in Article VI of
21

Chapter 11 of the Illinois Vehicle Code;
22

(22) the defendant committed the offense against a
23

person that the defendant knew, or reasonably should have
24

known, was a member of the Armed Forces of the United
25

States serving on active duty. For purposes of this clause
26

(22), the term "Armed Forces" means any of the Armed

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1

Forces of the United States, including a member of any
2

reserve component thereof or National Guard unit called to
3

active duty;
4

(23) the defendant committed the offense against a
5

person who was elderly or infirm or who was a person with a
6

disability by taking advantage of a family or fiduciary
7

relationship with the elderly or infirm person or person
8

with a disability;
9

(24) the defendant committed any offense under Section
10

11-20.1 of the Criminal Code of 1961 or the Criminal Code
11

of 2012 and possessed 100 or more images;
12

(25) the defendant committed the offense while the
13

defendant or the victim was in a train, bus, or other
14

vehicle used for public transportation;
15

(26) the defendant committed the offense of child
16

sexual abuse material or aggravated child pornography,
17

specifically including paragraph (1), (2), (3), (4), (5),
18

or (7) of subsection (a) of Section 11-20.1 of the
19

Criminal Code of 1961 or the Criminal Code of 2012 where a
20

child engaged in, solicited for, depicted in, or posed in
21

any act of sexual penetration or bound, fettered, or
22

subject to sadistic, masochistic, or sadomasochistic abuse
23

in a sexual context and specifically including paragraph
24

(1), (2), (3), (4), (5), or (7) of subsection (a) of
25

Section 11-20.1B or Section 11-20.3 of the Criminal Code
26

of 1961 where a child engaged in, solicited for, depicted

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1

in, or posed in any act of sexual penetration or bound,
2

fettered, or subject to sadistic, masochistic, or
3

sadomasochistic abuse in a sexual context;
4

(26.5) the defendant committed the offense of obscene
5

depiction of a purported child, specifically including
6

paragraph (2) of subsection (b) of Section 11-20.4 of the
7

Criminal Code of 2012 if a child engaged in, solicited
8

for, depicted in, or posed in any act of sexual
9

penetration or bound, fettered, or subject to sadistic,
10

masochistic, or sadomasochistic abuse in a sexual context;
11

(27) the defendant committed the offense of first
12

degree murder, assault, aggravated assault, battery,
13

aggravated battery, robbery, armed robbery, or aggravated
14

robbery against a person who was a veteran and the
15

defendant knew, or reasonably should have known, that the
16

person was a veteran performing duties as a representative
17

of a veterans' organization. For the purposes of this
18

paragraph (27), "veteran" means an Illinois resident who
19

has served as a member of the United States Armed Forces, a
20

member of the Illinois National Guard, or a member of the
21

United States Reserve Forces; and "veterans' organization"
22

means an organization comprised of members of which
23

substantially all are individuals who are veterans or
24

spouses, widows, or widowers of veterans, the primary
25

purpose of which is to promote the welfare of its members
26

and to provide assistance to the general public in such a

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way as to confer a public benefit;
2

(28) the defendant committed the offense of assault,
3

aggravated assault, battery, aggravated battery, robbery,
4

armed robbery, or aggravated robbery against a person that
5

the defendant knew or reasonably should have known was a
6

letter carrier or postal worker while that person was
7

performing his or her duties delivering mail for the
8

United States Postal Service;
9

(29) the defendant committed the offense of criminal
10

sexual assault, aggravated criminal sexual assault,
11

criminal sexual abuse, or aggravated criminal sexual abuse
12

against a victim with an intellectual disability, and the
13

defendant holds a position of trust, authority, or
14

supervision in relation to the victim;
15

(30) the defendant committed the offense of promoting
16

commercial sexual exploitation of a child, patronizing a
17

person engaged in the sex trade, or patronizing a sexually
18

exploited child and at the time of the commission of the
19

offense knew that the person engaged in the sex trade or
20

sexually exploited child was in the custody or
21

guardianship of the Department of Children and Family
22

Services;
23

(31) the defendant (i) committed the offense of
24

driving while under the influence of alcohol, other drug
25

or drugs, intoxicating compound or compounds or any
26

combination thereof in violation of Section 11-501 of the

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Illinois Vehicle Code or a similar provision of a local
2

ordinance and (ii) the defendant during the commission of
3

the offense was driving his or her vehicle upon a roadway
4

designated for one-way traffic in the opposite direction
5

of the direction indicated by official traffic control
6

devices;
7

(32) the defendant committed the offense of reckless
8

homicide while committing a violation of Section 11-907 of
9

the Illinois Vehicle Code;
10

(33) the defendant was found guilty of an
11

administrative infraction related to an act or acts of
12

public indecency or sexual misconduct in the penal
13

institution. In this paragraph (33), "penal institution"
14

has the same meaning as in Section 2-14 of the Criminal
15

Code of 2012;
or
16

(34) the defendant committed the offense of leaving
17

the scene of a crash in violation of subsection (b) of
18

Section 11-401 of the Illinois Vehicle Code and the crash
19

resulted in the death of a person and at the time of the
20

offense, the defendant was: (i) driving under the
21

influence of alcohol, other drug or drugs, intoxicating
22

compound or compounds or any combination thereof as
23

defined by Section 11-501 of the Illinois Vehicle Code; or
24

(ii) operating the motor vehicle while using an electronic
25

communication device as defined in Section 12-610.2 of the
26

Illinois Vehicle Code
; or

.

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1

(35) the defendant committed an act of sexual conduct
2

or sexual penetration, as defined in Section 11-0.1 of the
3

Criminal Code of 2012, with a student at a school and the
4

defendant was employed as school personnel and the act of
5

sexual conduct or sexual penetration occurred, regardless
6

of the place of occurrence of the act of sexual conduct or
7

sexual penetration, at the time the defendant was employed
8

as school personnel.

9

For the purposes of this Section:
10

"School" is defined as a public or private elementary or
11
secondary school, community college, college, or university.
12

"School personnel" means an employee of a school district,
13
including an administrator or a certified or non-certified
14
school employee.

15

"Student" means a person who attended the school at the
16
time the school personnel was employed by the school.

17

"Day care center" means a public or private State
18
certified and licensed day care center as defined in Section
19
2.09 of the Child Care Act of 1969 that displays a sign in
20
plain view stating that the property is a day care center.
21

"Intellectual disability" means significantly subaverage
22
intellectual functioning which exists concurrently with
23
impairment in adaptive behavior.
24

"Public transportation" means the transportation or
25
conveyance of persons by means available to the general
26
public, and includes paratransit services.

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1

"Traffic control devices" means all signs, signals,
2
markings, and devices that conform to the Illinois Manual on
3
Uniform Traffic Control Devices, placed or erected by
4
authority of a public body or official having jurisdiction,
5
for the purpose of regulating, warning, or guiding traffic.
6

(b) The following factors, related to all felonies, may be
7
considered by the court as reasons to impose an extended term
8
sentence 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
12

greater class felony, when such conviction has occurred
13

within 10 years after the previous conviction, excluding
14

time spent in custody, and such charges are separately
15

brought and tried and arise out of different series of
16

acts; or
17

(2) When a defendant is convicted of any felony and
18

the court finds that the offense was accompanied by
19

exceptionally brutal or heinous behavior indicative of
20

wanton cruelty; or
21

(3) When a defendant is convicted of any felony
22

committed against:
23

(i) a person under 12 years of age at the time of
24

the offense or such person's property;
25

(ii) a person 60 years of age or older at the time
26

of the offense or such person's property; or

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1

(iii) a person who had a physical disability at
2

the time of the offense or such person's property; or
3

(4) When a defendant is convicted of any felony and
4

the offense involved any of the following types of
5

specific misconduct committed as part of a ceremony, rite,
6

initiation, observance, performance, practice or activity
7

of any actual or ostensible religious, fraternal, or
8

social group:
9

(i) the brutalizing or torturing of humans or
10

animals;
11

(ii) the theft of human corpses;
12

(iii) the kidnapping of humans;
13

(iv) the desecration of any cemetery, religious,
14

fraternal, business, governmental, educational, or
15

other building or property; or
16

(v) ritualized abuse of a child; or
17

(5) When a defendant is convicted of a felony other
18

than conspiracy and the court finds that the felony was
19

committed under an agreement with 2 or more other persons
20

to commit that offense and the defendant, with respect to
21

the other individuals, occupied a position of organizer,
22

supervisor, financier, or any other position of management
23

or leadership, and the court further finds that the felony
24

committed was related to or in furtherance of the criminal
25

activities of an organized gang or was motivated by the
26

defendant's leadership in an organized gang; or

SB3745
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1

(6) When a defendant is convicted of an offense
2

committed while using a firearm with a laser sight
3

attached to it. For purposes of this paragraph, "laser
4

sight" has the meaning ascribed to it in Section 26-7 of
5

the Criminal Code of 2012; or
6

(7) When a defendant who was at least 17 years of age
7

at the time of the commission of the offense is convicted
8

of a felony and has been previously adjudicated a
9

delinquent minor under the Juvenile Court Act of 1987 for
10

an act that if committed by an adult would be a Class X or
11

Class 1 felony when the conviction has occurred within 10
12

years after the previous adjudication, excluding time
13

spent in custody; or
14

(8) When a defendant commits any felony and the
15

defendant used, possessed, exercised control over, or
16

otherwise directed an animal to assault a law enforcement
17

officer engaged in the execution of his or her official
18

duties or in furtherance of the criminal activities of an
19

organized gang in which the defendant is engaged; or
20

(9) When a defendant commits any felony and the
21

defendant knowingly video or audio records the offense
22

with the intent to disseminate the recording.
23

(c) The following factors may be considered by the court
24
as reasons to impose an extended term sentence under Section
25
5-8-2 upon any offender for the listed offenses:
26

(1) When a defendant is convicted of first degree

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1

murder, after having been previously convicted in Illinois
2

of any offense listed under paragraph (c)(2) of Section
3

5-5-3, when that conviction has occurred within 10 years
4

after the previous conviction, excluding time spent in
5

custody, and the charges are separately brought and tried
6

and arise out of different series of acts.
7

(1.5) When a defendant is convicted of first degree
8

murder, after having been previously convicted of domestic
9

battery or aggravated domestic battery committed on the
10

same victim or after having been previously convicted of
11

violation of an order of protection in which the same
12

victim was the protected person.
13

(2) When a defendant is convicted of voluntary
14

manslaughter, second degree murder, involuntary
15

manslaughter, or reckless homicide in which the defendant
16

has been convicted of causing the death of more than one
17

individual.
18

(3) When a defendant is convicted of aggravated
19

criminal sexual assault or criminal sexual assault, when
20

there is a finding that aggravated criminal sexual assault
21

or criminal sexual assault was also committed on the same
22

victim by one or more other individuals, and the defendant
23

voluntarily participated in the crime with the knowledge
24

of the participation of the others in the crime, and the
25

commission of the crime was part of a single course of
26

conduct during which there was no substantial change in

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1

the nature of the criminal objective.
2

(4) If the victim was under 18 years of age at the time
3

of the commission of the offense, when a defendant is
4

convicted of aggravated criminal sexual assault or
5

predatory criminal sexual assault of a child under
6

subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
7

of Section 12-14.1 of the Criminal Code of 1961 or the
8

Criminal Code of 2012.
9

(5) When a defendant is convicted of a felony
10

violation of Section 24-1 of the Criminal Code of 1961 or
11

the Criminal Code of 2012 and there is a finding that the
12

defendant is a member of an organized gang.
13

(6) When a defendant was convicted of unlawful
14

possession of weapons under Section 24-1 of the Criminal
15

Code of 1961 or the Criminal Code of 2012 for possessing a
16

weapon that is not readily distinguishable as one of the
17

weapons enumerated in Section 24-1 of the Criminal Code of
18

1961 or the Criminal Code of 2012.
19

(7) When a defendant is convicted of an offense
20

involving the illegal manufacture of a controlled
21

substance under Section 401 of the Illinois Controlled
22

Substances Act, the illegal manufacture of methamphetamine
23

under Section 25 of the Methamphetamine Control and
24

Community Protection Act, or the illegal possession of
25

explosives and an emergency response officer in the
26

performance of his or her duties is killed or injured at

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LRB104 18073 RLC 31512 b
1

the scene of the offense while responding to the emergency
2

caused by the commission of the offense. In this
3

paragraph, "emergency" means a situation in which a
4

person's life, health, or safety is in jeopardy; and
5

"emergency response officer" means a peace officer,
6

community policing volunteer, fireman, emergency medical
7

technician-ambulance, emergency medical
8

technician-intermediate, emergency medical
9

technician-paramedic, ambulance driver, other medical
10

assistance or first aid personnel, or hospital emergency
11

room personnel.
12

(8) When the defendant is convicted of attempted mob
13

action, solicitation to commit mob action, or conspiracy
14

to commit mob action under Section 8-1, 8-2, or 8-4 of the
15

Criminal Code of 2012, where the criminal object is a
16

violation of Section 25-1 of the Criminal Code of 2012,
17

and an electronic communication is used in the commission
18

of the offense. For the purposes of this paragraph (8),
19

"electronic communication" shall have the meaning provided
20

in Section 26.5-0.1 of the Criminal Code of 2012.
21

(d) For the purposes of this Section, "organized gang" has
22
the meaning ascribed to it in Section 10 of the Illinois
23
Streetgang Terrorism Omnibus Prevention Act.
24

(e) The court may impose an extended term sentence under
25
Article 4.5 of Chapter V upon an offender who has been
26
convicted of a felony violation of Section 11-1.20, 11-1.30,

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LRB104 18073 RLC 31512 b
1
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
3
when the victim of the offense is under 18 years of age at the
4
time of the commission of the offense and, during the
5
commission of the offense, the victim was under the influence
6
of alcohol, regardless of whether or not the alcohol was
7
supplied by the offender; and the offender, at the time of the
8
commission of the offense, knew or should have known that the
9
victim had consumed alcohol.
10
(Source: P.A. 103-822, eff. 1-1-25; 103-825, eff. 1-1-25;
11
103-1071, eff. 7-1-25; 104-245, eff. 1-1-26; 104-417, eff.
12
8-15-25; revised 9-17-25.)

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