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91_SB1332enr
SB1332 Enrolled LRB9110671RCpk
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Code of Criminal Procedure of 1963 is
5 amended by adding Section 115-10.5 as follows:
6 (725 ILCS 5/115-10.5 new)
7 Sec. 115-10.5. Hearsay exception regarding safe zone
8 testimony.
9 (a) In any prosecution for any offense charged as a
10 violation of Section 407 of the Illinois Controlled
11 Substances Act or Section 5-130 of the Juvenile Court Act of
12 1987 the following evidence shall be admitted as an exception
13 to the hearsay rule any testimony by any qualified individual
14 regarding the status of any property as:
15 (1) a truck stop or safety rest area, or
16 (2) a school or conveyance owned, leased or
17 contracted by a school to transport students to or from
18 school, or
19 (3) residential property owned, operated, and
20 managed by a public housing agency, or
21 (4) a public park, or
22 (5) the real property comprising any church,
23 synagogue, or other building, structure, or place used
24 primarily for religious worship, or
25 (6) the real property comprising any of the
26 following places, buildings, or structures used primarily
27 for housing or providing space for activities for senior
28 citizens: nursing homes, assisted-living centers, senior
29 citizen housing complexes, or senior centers oriented
30 toward daytime activities.
31 (b) As used in this Section, "qualified individual" means
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1 any person who (i) lived or worked within the territorial
2 jurisdiction where the offense took place when the offense
3 took place; and (ii) is familiar with various public places
4 within the territorial jurisdiction where the offense took
5 place when the offense took place.
6 (c) For the purposes of this Section, "qualified
7 individual" includes any peace officer, or any member of any
8 duly organized State, county, or municipal peace unit,
9 assigned to the territorial jurisdiction where the offense
10 took place when the offense took place.
11 (d) This Section applies to all prosecutions pending at
12 the time this amendatory Act of the 91st General Assembly
13 takes effect and to all prosecutions commencing on or after
14 its effective date.
15 Section 5. The Unified Code of Corrections is amended by
16 changing Section 5-4-1 as follows:
17 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
18 Sec. 5-4-1. Sentencing Hearing.
19 (a) Except when the death penalty is sought under
20 hearing procedures otherwise specified, after a determination
21 of guilt, a hearing shall be held to impose the sentence.
22 However, prior to the imposition of sentence on an individual
23 being sentenced for an offense based upon a charge for a
24 violation of Section 11-501 of the Illinois Vehicle Code or a
25 similar provision of a local ordinance, the individual must
26 undergo a professional evaluation to determine if an alcohol
27 or other drug abuse problem exists and the extent of such a
28 problem. Programs conducting these evaluations shall be
29 licensed by the Department of Human Services. However, if
30 the individual is not a resident of Illinois, the court may,
31 in its discretion, accept an evaluation from a program in the
32 state of such individual's residence. The court may in its
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1 sentencing order approve an eligible defendant for placement
2 in a Department of Corrections impact incarceration program
3 as provided in Section 5-8-1.1. At the hearing the court
4 shall:
5 (1) consider the evidence, if any, received upon
6 the trial;
7 (2) consider any presentence reports;
8 (3) consider the financial impact of incarceration
9 based on the financial impact statement filed with the
10 clerk of the court by the Department of Corrections;
11 (4) consider evidence and information offered by
12 the parties in aggravation and mitigation;
13 (5) hear arguments as to sentencing alternatives;
14 (6) afford the defendant the opportunity to make a
15 statement in his own behalf;
16 (7) afford the victim of a violent crime or a
17 violation of Section 11-501 of the Illinois Vehicle Code,
18 or a similar provision of a local ordinance, or a
19 qualified individual affected by a violation of Section
20 405, 405.1, 405.2, or 407 of the Illinois Controlled
21 Substances Act, committed by the defendant the
22 opportunity to make a statement concerning the impact on
23 the victim and to offer evidence in aggravation or
24 mitigation; provided that the statement and evidence
25 offered in aggravation or mitigation must first be
26 prepared in writing in conjunction with the State's
27 Attorney before it may be presented orally at the
28 hearing. Any sworn testimony offered by the victim is
29 subject to the defendant's right to cross-examine. All
30 statements and evidence offered under this paragraph (7)
31 shall become part of the record of the court. For the
32 purpose of this paragraph (7), "qualified individual"
33 means any person who (i) lived or worked within the
34 territorial jurisdiction where the offense took place
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1 when the offense took place; and (ii) is familiar with
2 various public places within the territorial jurisdiction
3 where the offense took place when the offense took place.
4 For the purposes of this paragraph (7), "qualified
5 individual" includes any peace officer, or any member of
6 any duly organized State, county, or municipal peace unit
7 assigned to the territorial jurisdiction where the
8 offense took place when the offense took place; and
9 (8) in cases of reckless homicide afford the
10 victim's spouse, guardians, parents or other immediate
11 family members an opportunity to make oral statements.
12 (b) All sentences shall be imposed by the judge based
13 upon his independent assessment of the elements specified
14 above and any agreement as to sentence reached by the
15 parties. The judge who presided at the trial or the judge
16 who accepted the plea of guilty shall impose the sentence
17 unless he is no longer sitting as a judge in that court.
18 Where the judge does not impose sentence at the same time on
19 all defendants who are convicted as a result of being
20 involved in the same offense, the defendant or the State's
21 Attorney may advise the sentencing court of the disposition
22 of any other defendants who have been sentenced.
23 (c) In imposing a sentence for a violent crime or for an
24 offense of operating or being in physical control of a
25 vehicle while under the influence of alcohol, any other drug
26 or any combination thereof, or a similar provision of a local
27 ordinance, when such offense resulted in the personal injury
28 to someone other than the defendant, the trial judge shall
29 specify on the record the particular evidence, information,
30 factors in mitigation and aggravation or other reasons that
31 led to his sentencing determination. The full verbatim record
32 of the sentencing hearing shall be filed with the clerk of
33 the court and shall be a public record.
34 (c-1) In imposing a sentence for the offense of
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1 aggravated kidnapping for ransom, home invasion, armed
2 robbery, aggravated vehicular hijacking, aggravated discharge
3 of a firearm, or armed violence with a category I weapon or
4 category II weapon, the trial judge shall make a finding as
5 to whether the conduct leading to conviction for the offense
6 resulted in great bodily harm to a victim, and shall enter
7 that finding and the basis for that finding in the record.
8 (c-2) If the defendant is sentenced to prison, other
9 than when a sentence of natural life imprisonment or a
10 sentence of death is imposed, at the time the sentence is
11 imposed the judge shall state on the record in open court the
12 approximate period of time the defendant will serve in
13 custody according to the then current statutory rules and
14 regulations for early release found in Section 3-6-3 and
15 other related provisions of this Code. This statement is
16 intended solely to inform the public, has no legal effect on
17 the defendant's actual release, and may not be relied on by
18 the defendant on appeal.
19 The judge's statement, to be given after pronouncing the
20 sentence, other than when the sentence is imposed for one of
21 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
22 shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 180 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
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1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(3) of Section 3-6-3, other than
8 when the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
10 or after June 19, 1998, and other than when the sentence is
11 imposed for reckless homicide as defined in subsection (e) of
12 Section 9-3 of the Criminal Code of 1961 if the offense was
13 committed on or after January 1, 1999, the judge's statement,
14 to be given after pronouncing the sentence, shall include the
15 following:
16 "The purpose of this statement is to inform the public of
17 the actual period of time this defendant is likely to spend
18 in prison as a result of this sentence. The actual period of
19 prison time served is determined by the statutes of Illinois
20 as applied to this sentence by the Illinois Department of
21 Corrections and the Illinois Prisoner Review Board. In this
22 case, assuming the defendant receives all of his or her good
23 conduct credit, the period of estimated actual custody is ...
24 years and ... months, less up to 90 days additional good
25 conduct credit for meritorious service. If the defendant,
26 because of his or her own misconduct or failure to comply
27 with the institutional regulations, does not receive those
28 credits, the actual time served in prison will be longer.
29 The defendant may also receive an additional one-half day
30 good conduct credit for each day of participation in
31 vocational, industry, substance abuse, and educational
32 programs as provided for by Illinois statute."
33 When the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(2) of Section 3-6-3, other than
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1 first degree murder, and the offense was committed on or
2 after June 19, 1998, and when the sentence is imposed for
3 reckless homicide as defined in subsection (e) of Section 9-3
4 of the Criminal Code of 1961 if the offense was committed on
5 or after January 1, 1999, the judge's statement, to be given
6 after pronouncing the sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, the defendant is entitled to no more than 4 1/2 days of
14 good conduct credit for each month of his or her sentence of
15 imprisonment. Therefore, this defendant will serve at least
16 85% of his or her sentence. Assuming the defendant receives
17 4 1/2 days credit for each month of his or her sentence, the
18 period of estimated actual custody is ... years and ...
19 months. If the defendant, because of his or her own
20 misconduct or failure to comply with the institutional
21 regulations receives lesser credit, the actual time served in
22 prison will be longer."
23 When a sentence of imprisonment is imposed for first
24 degree murder and the offense was committed on or after June
25 19, 1998, the judge's statement, to be given after
26 pronouncing the sentence, shall include the following:
27 "The purpose of this statement is to inform the public of
28 the actual period of time this defendant is likely to spend
29 in prison as a result of this sentence. The actual period of
30 prison time served is determined by the statutes of Illinois
31 as applied to this sentence by the Illinois Department of
32 Corrections and the Illinois Prisoner Review Board. In this
33 case, the defendant is not entitled to good conduct credit.
34 Therefore, this defendant will serve 100% of his or her
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1 sentence."
2 (d) When the defendant is committed to the Department of
3 Corrections, the State's Attorney shall and counsel for the
4 defendant may file a statement with the clerk of the court to
5 be transmitted to the department, agency or institution to
6 which the defendant is committed to furnish such department,
7 agency or institution with the facts and circumstances of the
8 offense for which the person was committed together with all
9 other factual information accessible to them in regard to the
10 person prior to his commitment relative to his habits,
11 associates, disposition and reputation and any other facts
12 and circumstances which may aid such department, agency or
13 institution during its custody of such person. The clerk
14 shall within 10 days after receiving any such statements
15 transmit a copy to such department, agency or institution and
16 a copy to the other party, provided, however, that this shall
17 not be cause for delay in conveying the person to the
18 department, agency or institution to which he has been
19 committed.
20 (e) The clerk of the court shall transmit to the
21 department, agency or institution, if any, to which the
22 defendant is committed, the following:
23 (1) the sentence imposed;
24 (2) any statement by the court of the basis for
25 imposing the sentence;
26 (3) any presentence reports;
27 (4) the number of days, if any, which the defendant
28 has been in custody and for which he is entitled to
29 credit against the sentence, which information shall be
30 provided to the clerk by the sheriff;
31 (4.1) any finding of great bodily harm made by the
32 court with respect to an offense enumerated in subsection
33 (c-1);
34 (5) all statements filed under subsection (d) of
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1 this Section;
2 (6) any medical or mental health records or
3 summaries of the defendant;
4 (7) the municipality where the arrest of the
5 offender or the commission of the offense has occurred,
6 where such municipality has a population of more than
7 25,000 persons;
8 (8) all statements made and evidence offered under
9 paragraph (7) of subsection (a) of this Section; and
10 (9) all additional matters which the court directs
11 the clerk to transmit.
12 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
13 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)
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