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 Bill Status of SB1722  100th General Assembly


Short Description:  SENTENCING-VARIOUS

Senate Sponsors
Sen. Kwame Raoul - Antonio Muņoz and Omar Aquino

House Sponsors
(Rep. Jim Durkin - Jaime M. Andrade, Jr. - John M. Cabello - Patricia R. Bellock - David Harris, Tom Demmer, Barbara Wheeler, Michael P. McAuliffe and Brian W. Stewart)

Last Action
DateChamber Action
  6/23/2017SenatePublic Act . . . . . . . . . 100-0003

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Safe Neighborhoods Reform Act. Contains only a short title provision.

 Fiscal Note, Senate Floor Amendment No. 2 (Illinois State Police)
 The Department of Innovation & Technology estimates it would take 2,500 hours and based on a simple $100 per hour, an estimated fiscal impact of $250,000 to implement. This estimate is based on a collaboration with the Administrative Office of Illinois Courts.

 Correctional Note, Senate Floor Amendment No. 2 (Dept of Corrections)
 The total impact of SB 1722 (S-AM 2) would be a decrease of 1,471 offenders with $61,932,100 in marginal cost savings over the first ten years after enactment. Population reductions and fiscal savings are based on limited data and Department estimates, and the use of discretion when imposing longer sentences for firearms offenses is difficult to predict throughout the State. Therefore, the full population and fiscal impacts on the Department of Corrections for SB 1722 (S-AM 2) are unknown.

Senate Floor Amendment No. 4
Adds reference to:
20 ILCS 2630/2.1from Ch. 38, par. 206-2.1
720 ILCS 5/19-1from Ch. 38, par. 19-1
720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 550/5.2from Ch. 56 1/2, par. 705.2
720 ILCS 550/10from Ch. 56 1/2, par. 710
720 ILCS 570/407from Ch. 56 1/2, par. 1407
720 ILCS 570/410from Ch. 56 1/2, par. 1410
720 ILCS 646/15
720 ILCS 646/55
720 ILCS 646/70
730 ILCS 5/3-3-8from Ch. 38, par. 1003-3-8
730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4.5-95
730 ILCS 5/5-4.5-110 new
730 ILCS 5/5-6-3.3
730 ILCS 5/5-6-3.4
730 ILCS 5/5-8-8

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the sentencing information furnished to the Department of State Police shall include statutory citations to the relevant sentencing provision. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Eliminates the enhanced penalties for illegal drug deliveries in public housing facilities or on the grounds of those facilities. Reduces from within 1,000 feet to within 500 feet, the enhanced penalties for delivering illegal drugs in protected places. Provides that the enhanced penalties for delivering illegal drugs in schools only apply if the violation occurs at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring. Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, when a person is convicted of unlawful use or possession of a weapon by a felon, when the weapon is a firearm, or aggravated unlawful use of a weapon, when the weapon is a firearm, after being previously convicted of a qualifying predicate offense the person shall be subject to certain sentencing guidelines. Defines "qualifying predicate offense". Provides that when a person is convicted of unlawful use or possession of a weapon by a felon, when the weapon is a firearm, and that person has been previously convicted of a qualifying predicate offense, the person shall be sentenced to a term of imprisonment within the sentencing range of not less than 7 years and not more than 14 years, unless the court finds that a departure from the sentencing guidelines is warranted. Provides that when a person is convicted of aggravated unlawful use of a weapon, when the weapon is a firearm, and that person has been previously convicted of a qualifying predicate offense, the person shall be sentenced to a term of imprisonment within the sentencing range of not less than 6 years and not more than 7 years, unless the court finds that a departure from the sentencing guidelines is warranted. Provides that in deciding whether to depart from the sentencing guideline ranges, the court shall consider certain specified factors. Provides that when departing from the sentencing guidelines, the court shall specify on the record, the particular evidence, information, factor or factors, or other reasons that led to the departure from the sentencing guidelines. Provides that the sentencing order shall be filed with the clerk of the court and shall be a public record. Makes changes in eligibility for program credits. Provides that the Illinois Sentencing Policy Advisory Council shall study and conduct a thorough analysis of the new sentencing provisions. Provides that the Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under the new provisions, the total number of departures from sentences under the provisions, and an analysis of trends in sentencing and sentencing departures. Provides that on or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under the new provisions, including recommendations on whether the new sentencing provisions should be adjusted or continued. Amends the Criminal Code of 2012 to make conforming changes and changes the penalties for burglary.

House Committee Amendment No. 1
Adds reference to:
20 ILCS 2605/2605-605 new
730 ILCS 5/5-6-3.6 new

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of the Department of State Police may establish a statewide multi-jurisdictional Violent Crime Intelligence Task Force led by the Department of State Police dedicated to combating gun violence, gun-trafficking, and other violent crime with the primary mission of preservation of life and reducing the occurrence and the fear of crime. Provides that the objective of the Task Force shall include, but not be limited to, reducing and preventing illegal possession and use of firearms, firearm-related homicides, and other violent crimes. Further amends the Unified Code of Corrections. Provides that the sentencing guidelines for unlawful use of weapons and aggravated unlawful use of a weapon apply only to offenses committed within 5 years after the effective date of the amendatory Act. Provides that for an offense committed on or after the effective date of this amendatory Act of the 100th General Assembly and before January 1, 2023, whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, or prior successful completion of the First Time Weapon Offender Program, and pleads guilty to an unlawful use of weapons offense or aggravated unlawful use of a weapon offense, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offender Program. Provides that when a defendant is placed the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Provides that upon violation of a term or condition of the Program the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions the Program, the court shall discharge the person and dismiss the proceedings against the person. Establishes conditions of the Program. Provides that there may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. Sunsets the Program 5 years after its effective date.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Antonio Muņoz
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/15/2017SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  2/15/2017SenateSponsor Removed Sen. Kwame Raoul
  2/22/2017SenateAssigned to Criminal Law
  3/3/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muņoz
  3/3/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2017SenateRe-referred to Assignments
  3/7/2017SenateApproved for Consideration Assignments
  3/7/2017SenatePlaced on Calendar Order of 2nd Reading March 8, 2017
  3/8/2017SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Antonio Muņoz
  3/8/2017SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/8/2017SenateAdded as Chief Co-Sponsor Sen. Terry Link
  3/8/2017SenateSecond Reading
  3/8/2017SenatePlaced on Calendar Order of 3rd Reading March 9, 2017
  3/8/2017SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  3/9/2017SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Antonio Muņoz
  3/9/2017SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/9/2017SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 006-005-000
  3/9/2017SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  3/9/2017SenateSenate Floor Amendment No. 2 Fiscal Note Requested by Sen. Patricia Van Pelt
  3/14/2017SenateSenate Floor Amendment No. 2 Fiscal Note Filed As amended by Senate Amendment No. 2
  3/14/2017SenateSenate Floor Amendment No. 2 Correctional Note Filed Corrections Budget & Impact Note as amended by Senate Amendment No. 2
  3/15/2017SenateSponsor Removed Sen. Terry Link
  4/5/2017SenateChief Sponsor Changed to Sen. Kwame Raoul
  4/5/2017SenateAdded as Chief Co-Sponsor Sen. Antonio Muņoz
  4/6/2017SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Kwame Raoul
  4/6/2017SenateSenate Floor Amendment No. 4 Referred to Assignments
  4/6/2017SenateSenate Floor Amendment No. 4 Be Approved for Consideration Assignments
  4/6/2017SenateRecalled to Second Reading
  4/6/2017SenateSenate Floor Amendment No. 4 Adopted; Raoul
  4/6/2017SenatePlaced on Calendar Order of 3rd Reading
  4/6/2017SenateThird Reading - Passed; 035-009-004
  4/6/2017SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/6/2017SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/6/2017SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  4/6/2017HouseArrived in House
  4/6/2017HouseChief House Sponsor Rep. Jim Durkin
  4/6/2017HouseFirst Reading
  4/6/2017HouseReferred to Rules Committee
  4/25/2017HouseFiscal Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseState Mandates Fiscal Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseBalanced Budget Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseCorrectional Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseHome Rule Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseHousing Affordability Impact Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseJudicial Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseLand Conveyance Appraisal Note Requested by Rep. Camille Y. Lilly
  4/25/2017HousePension Note Requested by Rep. Camille Y. Lilly
  4/25/2017HouseState Debt Impact Note Requested by Rep. Camille Y. Lilly
  4/26/2017HouseFiscal Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseState Mandates Fiscal Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseBalanced Budget Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseCorrectional Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseHome Rule Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseHousing Affordability Impact Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseJudicial Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseLand Conveyance Appraisal Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HousePension Note Requested - Withdrawn by Rep. Camille Y. Lilly
  4/26/2017HouseState Debt Impact Note Requested - Withdrawn by Rep. Camille Y. Lilly
  5/9/2017SenateAdded as Co-Sponsor Sen. Omar Aquino
  5/15/2017HouseAssigned to Judiciary - Criminal Committee
  5/19/2017HouseCommittee Deadline Extended-Rule 9(b) May 26, 2017
  5/24/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jim Durkin
  5/24/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/25/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/25/2017HouseAdded Alternate Co-Sponsor Rep. Tom Demmer
  5/25/2017HouseAdded Alternate Co-Sponsor Rep. Barbara Wheeler
  5/25/2017HouseAdded Alternate Chief Co-Sponsor Rep. John M. Cabello
  5/25/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  5/25/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 010-003-000
  5/25/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2017HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
  5/25/2017HouseSecond Reading - Short Debate
  5/25/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/26/2017HouseAdded Alternate Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/29/2017HouseRemoved from Short Debate Status
  5/29/2017HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/29/2017HouseAdded Alternate Chief Co-Sponsor Rep. David Harris
  5/29/2017HouseThird Reading - Standard Debate - Passed 070-041-001
  5/29/2017HouseMotion Filed to Reconsider Vote Rep. Thaddeus Jones
  5/29/2017HouseAdded Alternate Co-Sponsor Rep. Michael P. McAuliffe
  5/30/2017HouseMotion to Reconsider Vote - Withdrawn Rep. Thaddeus Jones
  5/30/2017HouseAdded Alternate Co-Sponsor Rep. Brian W. Stewart
  5/30/2017SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/30/2017SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2017
  5/30/2017SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/30/2017SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2017SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/30/2017SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 010-000-000
  5/31/2017SenateHouse Committee Amendment No. 1 Senate Concurs 036-012-000
  5/31/2017SenateSenate Concurs
  5/31/2017SenatePassed Both Houses
  6/23/2017SenateSent to the Governor
  6/23/2017SenateGovernor Approved
  6/23/2017SenateEffective Date January 1, 2018
  6/23/2017SenatePublic Act . . . . . . . . . 100-0003

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