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Full Text of SB1722  100th General Assembly


Rep. Jim Durkin

Filed: 5/24/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1722 on page 1, by
3inserting immediately below line 5 the following:
4    "Section 3. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62605-605 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
10multi-jurisdictional Violent Crime Intelligence Task Force led
11by the Department of State Police dedicated to combating gun
12violence, gun-trafficking, and other violent crime with the
13primary mission of preservation of life and reducing the
14occurrence and the fear of crime. The objective of the Task
15Force shall include, but not be limited to, reducing and
16preventing illegal possession and use of firearms,



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1firearm-related homicides, and other violent crimes.
2    (1) The Task Force may develop and acquire information,
3training, tools, and resources necessary to implement a
4data-driven approach to policing, with an emphasis on
5intelligence development.
6    (2) The Task Force may utilize information sharing,
7partnerships, crime analysis, and evidence-based practices to
8assist in the reduction of firearm-related shootings,
9homicides, and gun-trafficking.
10    (3) The Task Force may recognize and utilize best practices
11of community policing and may develop potential partnerships
12with faith-based and community organizations to achieve its
14    (4) The Task Force may identify and utilize best practices
15in drug-diversion programs and other community-based services
16to redirect low-level offenders.
17    (5) The Task Force may assist in violence suppression
18strategies including, but not limited to, details in identified
19locations that have shown to be the most prone to gun violence
20and violent crime, focused deterrence against violent gangs and
21groups considered responsible for the violence in communities,
22and other intelligence driven methods deemed necessary to
23interrupt cycles of violence or prevent retaliation.
24    (6) In consultation with the Chief Procurement Officer, the
25Department of State Police may obtain contracts for software,
26commodities, resources, and equipment to assist the Task Force



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1with achieving this Act. Any contracts necessary to support the
2delivery of necessary software, commodities, resources, and
3equipment are not subject to the Illinois Procurement Code,
4except for Sections 20-60, 20-65, 20-70, and 20-160 and Article
550 of that Code, provided that the Chief Procurement Officer
6may, in writing with justification, waive any certification
7required under Article 50 of the Illinois Procurement Code.";
9on page 52, line 25, by replacing "Section 5-4.5-110" with
10"Sections 5-4.5-110 and 5-6-3.6"; and
11on page 100, by replacing lines 25 and 26 with the following:
12    "(b) APPLICABILITY. For an offense committed on or after
13the effective date of this amendatory Act of the 100th General
14Assembly and before January 1, 2023, when a person is"; and
15on page 101, by inserting immediately below line 24 the
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
22on page 103, by inserting immediately below line 25 the



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2    "(e) This Section is repealed on January 1, 2023."; and
3on page 113, by inserting immediately below line 22 the
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
8safety, reduce recidivism, and conserve valuable resources of
9the criminal justice system through the creation of diversion
10programs for non-violent offenders. This Amendatory Act of the
11100th General Assembly establishes a pilot program for
12first-time, non-violent offenders charged with certain weapons
13offenses. The General Assembly recognizes some persons,
14particularly young adults in areas of high crime or poverty,
15may have experienced trauma that contributes to poor decision
16making skills, and the creation of a diversionary program poses
17a greater benefit to the community and the person than
18incarceration. Under this program, a court, with the consent of
19the defendant and the State's Attorney, may sentence a
20defendant charged with an unlawful use of weapons offense under
21Section 24-1 of the Criminal Code of 2012 or aggravated
22unlawful use of a weapon offense under Section 24-1.6 of the
23Criminal Code of 2012, if punishable as a Class 4 felony or
24lower, to a First Time Weapon Offender Program.



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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
17to the First Time Weapon Offender Program, the court shall
18consider 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



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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
5of this amendatory Act of the 100th General Assembly and before
6January 1, 2023, whenever an eligible person pleads guilty to
7an unlawful use of weapons offense under Section 24-1 of the
8Criminal Code of 2012 or aggravated unlawful use of a weapon
9offense under Section 24-1.6 of the Criminal Code of 2012,
10which is punishable as a Class 4 felony or lower, the court,
11with the consent of the defendant and the State's Attorney,
12may, without entering a judgment, sentence the defendant to
13complete the First Time Weapon Offender Program. When a
14defendant is placed in the Program, the court shall defer
15further proceedings in the case until the conclusion of the
16period or until the filing of a petition alleging violation of
17a term or condition of the Program. Upon violation of a term or
18condition of the Program the court may enter a judgment on its
19original finding of guilt and proceed as otherwise provided by
20law. Upon fulfillment of the terms and conditions the Program,
21the court shall discharge the person and dismiss the
22proceedings against the person.
23    (d) The Program shall be at least 18 months and not to
24exceed 24 months, as determined by court at the recommendation
25of program administrator and the State's Attorney.
26    (e) The conditions of the Program shall be that the



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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,
25require that the defendant:
26        (1) wear an ankle bracelet with GPS tracking;



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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
7this Section. If a person is convicted of any offense which
8occurred within 5 years subsequent to a discharge and dismissal
9under this Section, the discharge and dismissal under this
10Section shall be admissible in the sentencing proceeding for
11that conviction as evidence in aggravation.
12    (h) For purposes of this Section, "violent offense" means
13any offense in which bodily harm was inflicted or force was
14used against any person or threatened against any person; any
15offense involving the possession of a firearm or dangerous
16weapon; any offense involving sexual conduct, sexual
17penetration, or sexual exploitation; violation of an order of
18protection, stalking, hate crime, domestic battery, or any
19offense of domestic violence.
20    (i) This Section is repealed on January 1, 2023.".