HB3214 103RD GENERAL ASSEMBLY

LRB103 05839 RLC 57402 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3214

Introduced 2/17/2023, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

New Act

Creates the Gun Crime Accountability Act. Provides that in a criminal case prosecuted in a county of over 3,000,000 inhabitants, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case prosecuted in a county of over 3,000,000 inhabitants in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

A BILL FOR

AN ACT concerning criminal law.

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

Section 1. Short title. This Act may be cited as the Gun Crime Accountability Act.

Section 5. Plea agreement; State's Attorney. In a criminal case prosecuted in a county of over 3,000,000 inhabitants, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. The written statement shall be part of the court record in the case and a copy shall be provided to any person upon request.

Section 10. Sentencing; judge. In a criminal case prosecuted in a county of over 3,000,000 inhabitants in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. A copy of the written sentencing order shall be provided to any person upon request.