Rep. Jim Durkin
Filed: 5/24/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1722
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1722 on page 1, by | ||||||
3 | inserting immediately below line 5 the following:
| ||||||
4 | "Section 3. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-605 as follows: | ||||||
7 | (20 ILCS 2605/2605-605 new) | ||||||
8 | Sec. 2605-605. Violent Crime Intelligence Task Force. | ||||||
9 | The Director of State Police may establish a statewide | ||||||
10 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
11 | by the Department of State Police dedicated to combating gun | ||||||
12 | violence, gun-trafficking, and other violent crime with the | ||||||
13 | primary mission of preservation of life and reducing the | ||||||
14 | occurrence and the fear of crime. The objective of the Task | ||||||
15 | Force shall include, but not be limited to, reducing and | ||||||
16 | preventing illegal possession and use of firearms, |
| |||||||
| |||||||
1 | firearm-related homicides, and other violent crimes. | ||||||
2 | (1) The Task Force may develop and acquire information, | ||||||
3 | training, tools, and resources necessary to implement a | ||||||
4 | data-driven approach to policing, with an emphasis on | ||||||
5 | intelligence development. | ||||||
6 | (2) The Task Force may utilize information sharing, | ||||||
7 | partnerships, crime analysis, and evidence-based practices to | ||||||
8 | assist in the reduction of firearm-related shootings, | ||||||
9 | homicides, and gun-trafficking. | ||||||
10 | (3) The Task Force may recognize and utilize best practices | ||||||
11 | of community policing and may develop potential partnerships | ||||||
12 | with faith-based and community organizations to achieve its | ||||||
13 | goals. | ||||||
14 | (4) The Task Force may identify and utilize best practices | ||||||
15 | in drug-diversion programs and other community-based services | ||||||
16 | to redirect low-level offenders. | ||||||
17 | (5) The Task Force may assist in violence suppression | ||||||
18 | strategies including, but not limited to, details in identified | ||||||
19 | locations that have shown to be the most prone to gun violence | ||||||
20 | and violent crime, focused deterrence against violent gangs and | ||||||
21 | groups considered responsible for the violence in communities, | ||||||
22 | and other intelligence driven methods deemed necessary to | ||||||
23 | interrupt cycles of violence or prevent retaliation. | ||||||
24 | (6) In consultation with the Chief Procurement Officer, the | ||||||
25 | Department of State Police may obtain contracts for software, | ||||||
26 | commodities, resources, and equipment to assist the Task Force |
| |||||||
| |||||||
1 | with achieving this Act. Any contracts necessary to support the | ||||||
2 | delivery of necessary software, commodities, resources, and | ||||||
3 | equipment are not subject to the Illinois Procurement Code, | ||||||
4 | except for Sections 20-60, 20-65, 20-70, and 20-160 and Article | ||||||
5 | 50 of that Code, provided that the Chief Procurement Officer | ||||||
6 | may, in writing with justification, waive any certification | ||||||
7 | required under Article 50 of the Illinois Procurement Code. "; | ||||||
8 | and
| ||||||
9 | on page 52, line 25, by replacing "Section 5-4.5-110" with | ||||||
10 | "Sections 5-4.5-110 and 5-6-3.6"; and | ||||||
11 | on page 100, by replacing lines 25 and 26 with the following: | ||||||
12 | " (b) APPLICABILITY. For an offense committed on or after | ||||||
13 | the effective date of this amendatory Act of the 100th General | ||||||
14 | Assembly and before January 1, 2023, when a person is "; and | ||||||
15 | on page 101, by inserting immediately below line 24 the | ||||||
16 | following: | ||||||
17 | " (3) The sentencing guidelines in paragraphs (1) and | ||||||
18 | (2) of this subsection (c) apply only to offenses committed | ||||||
19 | on and after the effective date of this amendatory Act of | ||||||
20 | the 100th General Assembly and before January 1, 2023. "; | ||||||
21 | and | ||||||
22 | on page 103, by inserting immediately below line 25 the |
| |||||||
| |||||||
1 | following: | ||||||
2 | " (e) This Section is repealed on January 1, 2023. "; and | ||||||
3 | on page 113, by inserting immediately below line 22 the | ||||||
4 | following: | ||||||
5 | "(730 ILCS 5/5-6-3.6 new) | ||||||
6 | Sec. 5-6-3.6. First Time Weapon Offender Program. | ||||||
7 | (a) The General Assembly has sought to promote public | ||||||
8 | safety, reduce recidivism, and conserve valuable resources of | ||||||
9 | the criminal justice system through the creation of diversion | ||||||
10 | programs for non-violent offenders. This Amendatory Act of the | ||||||
11 | 100th General Assembly establishes a pilot program for | ||||||
12 | first-time, non-violent offenders charged with certain weapons | ||||||
13 | offenses. The General Assembly recognizes some persons, | ||||||
14 | particularly young adults in areas of high crime or poverty, | ||||||
15 | may have experienced trauma that contributes to poor decision | ||||||
16 | making skills, and the creation of a diversionary program poses | ||||||
17 | a greater benefit to the community and the person than | ||||||
18 | incarceration. Under this program, a court, with the consent of | ||||||
19 | the defendant and the State's Attorney, may sentence a | ||||||
20 | defendant charged with an unlawful use of weapons offense under | ||||||
21 | Section 24-1 of the Criminal Code of 2012 or aggravated | ||||||
22 | unlawful use of a weapon offense under Section 24-1.6 of the | ||||||
23 | Criminal Code of 2012, if punishable as a Class 4 felony or | ||||||
24 | lower, to a First Time Weapon Offender Program. |
| |||||||
| |||||||
1 | (b) A defendant is not eligible for this Program if: | ||||||
2 | (1) the offense was committed during the commission of | ||||||
3 | a violent offense as defined in subsection (h) of this | ||||||
4 | Section; | ||||||
5 | (2) he or she has previously been convicted or placed | ||||||
6 | on probation or conditional discharge for any violent | ||||||
7 | offense under the laws of this State, the laws of any other | ||||||
8 | state, or the laws of the United States; | ||||||
9 | (3) he or she had a prior successful completion of the | ||||||
10 | First Time Weapon Offender Program under this Section; | ||||||
11 | (4) he or she has previously been adjudicated a | ||||||
12 | delinquent minor for the commission of a violent offense; | ||||||
13 | (5) he or she is 21 years of age or older; or | ||||||
14 | (6) he or she has an existing order of protection | ||||||
15 | issued against him or her. | ||||||
16 | (b-5) In considering whether a defendant shall be sentenced | ||||||
17 | to the First Time Weapon Offender Program, the court shall | ||||||
18 | consider the following: | ||||||
19 | (1) the age, immaturity, or limited mental capacity of | ||||||
20 | the defendant; | ||||||
21 | (2)the nature and circumstances of the offense; | ||||||
22 | (3) whether participation in the Program is in the | ||||||
23 | interest of the defendant's rehabilitation, including any | ||||||
24 | employment or involvement in community, educational, | ||||||
25 | training, or vocational programs; | ||||||
26 | (4) whether the defendant suffers from trauma, as |
| |||||||
| |||||||
1 | supported by documentation or evaluation by a licensed | ||||||
2 | professional; and | ||||||
3 | (5) the potential risk to public safety. | ||||||
4 | (c) For an offense committed on or after the effective date | ||||||
5 | of this amendatory Act of the 100th General Assembly and before | ||||||
6 | January 1, 2023, whenever an eligible person pleads guilty to | ||||||
7 | an unlawful use of weapons offense under Section 24-1 of the | ||||||
8 | Criminal Code of 2012 or aggravated unlawful use of a weapon | ||||||
9 | offense under Section 24-1.6 of the Criminal Code of 2012, | ||||||
10 | which is punishable as a Class 4 felony or lower, the court, | ||||||
11 | with the consent of the defendant and the State's Attorney, | ||||||
12 | may, without entering a judgment, sentence the defendant to | ||||||
13 | complete the First Time Weapon Offender Program. When a | ||||||
14 | defendant is placed in the Program, the court shall defer | ||||||
15 | further proceedings in the case until the conclusion of the | ||||||
16 | period or until the filing of a petition alleging violation of | ||||||
17 | a term or condition of the Program. Upon violation of a term or | ||||||
18 | condition of the Program the court may enter a judgment on its | ||||||
19 | original finding of guilt and proceed as otherwise provided by | ||||||
20 | law. Upon fulfillment of the terms and conditions the Program, | ||||||
21 | the court shall discharge the person and dismiss the | ||||||
22 | proceedings against the person. | ||||||
23 | (d) The Program shall be at least 18 months and not to | ||||||
24 | exceed 24 months, as determined by court at the recommendation | ||||||
25 | of program administrator and the State's Attorney. | ||||||
26 | (e) The conditions of the Program shall be that the |
| |||||||
| |||||||
1 | defendant: | ||||||
2 | (1) not violate any criminal statute of this State or | ||||||
3 | any other jurisdiction; | ||||||
4 | (2) refrain from possessing a firearm or other | ||||||
5 | dangerous weapon; | ||||||
6 | (3) obtain or attempt to obtain employment; | ||||||
7 | (4) attend educational courses designed to prepare the | ||||||
8 | defendant for obtaining a high school diploma or to work | ||||||
9 | toward passing high school equivalency testing or to work | ||||||
10 | toward completing a vocational training program; | ||||||
11 | (5) refrain from having in his or her body the presence | ||||||
12 | of any illicit drug prohibited by the Methamphetamine | ||||||
13 | Control and Community Protection Act, the Cannabis Control | ||||||
14 | Act, or the Illinois Controlled Substances Act, unless | ||||||
15 | prescribed by a physician, and submit samples of his or her | ||||||
16 | blood or urine or both for tests to determine the presence | ||||||
17 | of any illicit drug; | ||||||
18 | (6) perform a minimum of 50 hours of community service; | ||||||
19 | (7) attend and participate in any Program activities | ||||||
20 | deemed required by the Program administrator, including | ||||||
21 | but not limited: counseling sessions, in-person and over | ||||||
22 | the phone check-ins, and educational classes; and | ||||||
23 | (8) pay all fines, assessments, fees, and costs. | ||||||
24 | (f) The Program may, in addition to other conditions, | ||||||
25 | require that the defendant: | ||||||
26 | (1) wear an ankle bracelet with GPS tracking; |
| |||||||
| |||||||
1 | (2) undergo medical or psychiatric treatment, or | ||||||
2 | treatment or rehabilitation approved by the Department of | ||||||
3 | Human Services; and | ||||||
4 | (3) attend or reside in a facility established for the | ||||||
5 | instruction or residence of defendants on probation. | ||||||
6 | (g) There may be only one discharge and dismissal under | ||||||
7 | this Section. If a person is convicted of any offense which | ||||||
8 | occurred within 5 years subsequent to a discharge and dismissal | ||||||
9 | under this Section, the discharge and dismissal under this | ||||||
10 | Section shall be admissible in the sentencing proceeding for | ||||||
11 | that conviction as evidence in aggravation. | ||||||
12 | (h) For purposes of this Section, "violent offense" means | ||||||
13 | any offense in which bodily harm was inflicted or force was | ||||||
14 | used against any person or threatened against any person; any | ||||||
15 | offense involving the possession of a firearm or dangerous | ||||||
16 | weapon; any offense involving sexual conduct, sexual | ||||||
17 | penetration, or sexual exploitation; violation of an order of | ||||||
18 | protection, stalking, hate crime, domestic battery, or any | ||||||
19 | offense of domestic violence. | ||||||
20 | (i) This Section is repealed on January 1, 2023. ".
|