Rep. Kevin John Olickal

Filed: 4/8/2024

 

 


 

 


 
10300HB5285ham001LRB103 37363 RLC 72000 a

1
AMENDMENT TO HOUSE BILL 5285

2    AMENDMENT NO. ______. Amend House Bill 5285 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 2-5 as follows:
 
6    (720 ILCS 5/2-5)  (from Ch. 38, par. 2-5)
7    Sec. 2-5. "Conviction". "Conviction" means a judgment of
8conviction or sentence entered upon a plea of guilty or upon a
9verdict or finding of guilty of an offense, rendered by a
10legally constituted jury or by a court of competent
11jurisdiction authorized to try the case without a jury. If
12judgment is withheld, the plea, verdict, or finding of guilty
13is not a conviction under Illinois law unless and until
14judgment is entered.
15(Source: Laws 1961, p. 1983.)
 

 

 

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1    Section 10. The Cannabis Control Act is amended by
2changing Section 10 as follows:
 
3    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
4    Sec. 10. (a) Whenever any person who has not previously
5been convicted of any felony offense under this Act or any law
6of the United States or of any State relating to cannabis, or
7controlled substances as defined in the Illinois Controlled
8Substances Act, pleads guilty to or is found guilty of
9violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
10this Act, the court may, without entering a judgment and with
11the consent of such person, sentence him to probation. A
12sentence under this Section shall not be considered a
13conviction under Illinois law unless and until judgment is
14entered under subsection (e) of this Section.
15    (b) When a person is placed on probation, the court shall
16enter an order specifying a period of probation of 24 months,
17and shall defer further proceedings in the case until the
18conclusion of the period or until the filing of a petition
19alleging violation of a term or condition of probation.
20    (c) The conditions of probation shall be that the person:
21(1) not violate any criminal statute of any jurisdiction; (2)
22refrain from possession of a firearm or other dangerous
23weapon; (3) submit to periodic drug testing at a time and in a
24manner as ordered by the court, but no less than 3 times during
25the period of the probation, with the cost of the testing to be

 

 

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1paid by the probationer; and (4) perform no less than 30 hours
2of community service, provided community service is available
3in the jurisdiction and is funded and approved by the county
4board. The court may give credit toward the fulfillment of
5community service hours for participation in activities and
6treatment as determined by court services.
7    (d) The court may, in addition to other conditions,
8require that the person:
9        (1) make a report to and appear in person before or
10    participate with the court or such courts, person, or
11    social service agency as directed by the court in the
12    order of probation;
13        (2) pay a fine and costs;
14        (3) work or pursue a course of study or vocational
15    training;
16        (4) undergo medical or psychiatric treatment; or
17    treatment for drug addiction or alcoholism;
18        (5) attend or reside in a facility established for the
19    instruction or residence of defendants on probation;
20        (6) support his dependents;
21        (7) refrain from possessing a firearm or other
22    dangerous weapon;
23        (7-5) refrain from having in his or her body the
24    presence of any illicit drug prohibited by the Cannabis
25    Control Act, the Illinois Controlled Substances Act, or
26    the Methamphetamine Control and Community Protection Act,

 

 

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1    unless prescribed by a physician, and submit samples of
2    his or her blood or urine or both for tests to determine
3    the presence of any illicit drug;
4        (8) and in addition, if a minor:
5            (i) reside with his parents or in a foster home;
6            (ii) attend school;
7            (iii) attend a non-residential program for youth;
8            (iv) provide nonfinancial contributions to his own
9        support at home or in a foster home.
10    (e) Upon violation of a term or condition of probation,
11the court may enter a judgment on its original finding of guilt
12and proceed as otherwise provided.
13    (f) Upon fulfillment of the terms and conditions of
14probation, the court shall discharge such person and dismiss
15the proceedings against him.
16    (g) A disposition of probation is considered to be a
17conviction for the purposes of imposing the conditions of
18probation and for appeal, however, a sentence discharge and
19dismissal under this Section is not a conviction for purposes
20of disqualification or disabilities imposed by law upon
21conviction of a crime (including the additional penalty
22imposed for subsequent offenses under Section 4(c), 4(d), 5(c)
23or 5(d) of this Act) unless and until judgment is entered.
24    (h) A person may not have more than one discharge and
25dismissal under this Section within a 4-year period.
26    (i) If a person is convicted of an offense under this Act,

 

 

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1the Illinois Controlled Substances Act, or the Methamphetamine
2Control and Community Protection Act within 5 years subsequent
3to a discharge and dismissal under this Section, the discharge
4and dismissal under this Section shall be admissible in the
5sentencing proceeding for that conviction as a factor in
6aggravation.
7    (j) Notwithstanding subsection (a), before a person is
8sentenced to probation under this Section, the court may refer
9the person to the drug court established in that judicial
10circuit pursuant to Section 15 of the Drug Court Treatment
11Act. The drug court team shall evaluate the person's
12likelihood of successfully completing a sentence of probation
13under this Section and shall report the results of its
14evaluation to the court. If the drug court team finds that the
15person suffers from a substance abuse problem that makes him
16or her substantially unlikely to successfully complete a
17sentence of probation under this Section, then the drug court
18shall set forth its findings in the form of a written order,
19and the person shall not be sentenced to probation under this
20Section, but shall be considered for the drug court program.
21    (k) Fines and assessments, such as fees or administrative
22costs, authorized under this Section shall not be ordered or
23imposed against a minor subject to Article III, IV, or V of the
24Juvenile Court Act of 1987, or a minor under the age of 18
25transferred to adult court or excluded from juvenile court
26jurisdiction under Article V of the Juvenile Court Act of

 

 

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11987, or the minor's parent, guardian, or legal custodian.
2(Source: P.A. 103-379, eff. 7-28-23.)
 
3    Section 15. The Illinois Controlled Substances Act is
4amended by changing Section 410 as follows:
 
5    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
6    Sec. 410. (a) Whenever any person who has not previously
7been convicted of any felony offense under this Act or any law
8of the United States or of any State relating to cannabis or
9controlled substances, pleads guilty to or is found guilty of
10possession of a controlled or counterfeit substance under
11subsection (c) of Section 402 or of unauthorized possession of
12prescription form under Section 406.2, the court, without
13entering a judgment and with the consent of such person, may
14sentence him or her to probation. A sentence under this
15Section shall not be considered a conviction under Illinois
16law unless and until judgment is entered under subsection (e)
17of this Section.
18    (b) When a person is placed on probation, the court shall
19enter an order specifying a period of probation of 24 months
20and shall defer further proceedings in the case until the
21conclusion of the period or until the filing of a petition
22alleging violation of a term or condition of probation.
23    (c) The conditions of probation shall be that the person:
24(1) not violate any criminal statute of any jurisdiction; (2)

 

 

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1refrain from possessing a firearm or other dangerous weapon;
2(3) submit to periodic drug testing at a time and in a manner
3as ordered by the court, but no less than 3 times during the
4period of the probation, with the cost of the testing to be
5paid by the probationer; and (4) perform no less than 30 hours
6of community service, provided community service is available
7in the jurisdiction and is funded and approved by the county
8board. The court may give credit toward the fulfillment of
9community service hours for participation in activities and
10treatment as determined by court services.
11    (d) The court may, in addition to other conditions,
12require that the person:
13        (1) make a report to and appear in person before or
14    participate with the court or such courts, person, or
15    social service agency as directed by the court in the
16    order of probation;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical or psychiatric treatment; or
21    treatment or rehabilitation approved by the Illinois
22    Department of Human Services;
23        (5) attend or reside in a facility established for the
24    instruction or residence of defendants on probation;
25        (6) support his or her dependents;
26        (6-5) refrain from having in his or her body the

 

 

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1    presence of any illicit drug prohibited by the Cannabis
2    Control Act, the Illinois Controlled Substances Act, or
3    the Methamphetamine Control and Community Protection Act,
4    unless prescribed by a physician, and submit samples of
5    his or her blood or urine or both for tests to determine
6    the presence of any illicit drug;
7        (7) and in addition, if a minor:
8            (i) reside with his or her parents or in a foster
9        home;
10            (ii) attend school;
11            (iii) attend a non-residential program for youth;
12            (iv) contribute to his or her own support at home
13        or in a foster home.
14    (e) Upon violation of a term or condition of probation,
15the court may enter a judgment on its original finding of guilt
16and proceed as otherwise provided.
17    (f) Upon fulfillment of the terms and conditions of
18probation, the court shall discharge the person and dismiss
19the proceedings against him or her.
20    (g) A disposition of probation is considered to be a
21conviction for the purposes of imposing the conditions of
22probation and for appeal, however, a sentence discharge and
23dismissal under this Section is not a conviction for purposes
24of this Act or for purposes of disqualifications or
25disabilities imposed by law upon conviction of a crime unless
26and until judgment is entered.

 

 

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1    (h) A person may not have more than one discharge and
2dismissal under this Section within a 4-year period.
3    (i) If a person is convicted of an offense under this Act,
4the Cannabis Control Act, or the Methamphetamine Control and
5Community Protection Act within 5 years subsequent to a
6discharge and dismissal under this Section, the discharge and
7dismissal under this Section shall be admissible in the
8sentencing proceeding for that conviction as evidence in
9aggravation.
10    (j) Notwithstanding subsection (a), before a person is
11sentenced to probation under this Section, the court may refer
12the person to the drug court established in that judicial
13circuit pursuant to Section 15 of the Drug Court Treatment
14Act. The drug court team shall evaluate the person's
15likelihood of successfully completing a sentence of probation
16under this Section and shall report the results of its
17evaluation to the court. If the drug court team finds that the
18person suffers from a substance abuse problem that makes him
19or her substantially unlikely to successfully complete a
20sentence of probation under this Section, then the drug court
21shall set forth its findings in the form of a written order,
22and the person shall not be sentenced to probation under this
23Section, but shall be considered for the drug court program.
24(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
25100-575, eff. 1-8-18.)
 

 

 

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1    Section 20. The Methamphetamine Control and Community
2Protection Act is amended by changing Section 70 as follows:
 
3    (720 ILCS 646/70)
4    Sec. 70. Probation.
5    (a) Whenever any person who has not previously been
6convicted of any felony offense under this Act, the Illinois
7Controlled Substances Act, the Cannabis Control Act, or any
8law of the United States or of any state relating to cannabis
9or controlled substances, pleads guilty to or is found guilty
10of possession of less than 15 grams of methamphetamine under
11paragraph (1) or (2) of subsection (b) of Section 60 of this
12Act, the court, without entering a judgment and with the
13consent of the person, may sentence him or her to probation. A
14sentence under this Section shall not be considered a
15conviction under Illinois law unless and until judgment is
16entered under subsection (e) of this Section.
17    (b) When a person is placed on probation, the court shall
18enter an order specifying a period of probation of 24 months
19and shall defer further proceedings in the case until the
20conclusion of the period or until the filing of a petition
21alleging violation of a term or condition of probation.
22    (c) The conditions of probation shall be that the person:
23        (1) not violate any criminal statute of any
24    jurisdiction;
25        (2) refrain from possessing a firearm or other

 

 

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1    dangerous weapon;
2        (3) submit to periodic drug testing at a time and in a
3    manner as ordered by the court, but no less than 3 times
4    during the period of the probation, with the cost of the
5    testing to be paid by the probationer; and
6        (4) perform no less than 30 hours of community
7    service, if community service is available in the
8    jurisdiction and is funded and approved by the county
9    board. The court may give credit toward the fulfillment of
10    community service hours for participation in activities
11    and treatment as determined by court services.
12    (d) The court may, in addition to other conditions,
13require that the person take one or more of the following
14actions:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the
18    order of probation;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical or psychiatric treatment; or
23    treatment or rehabilitation approved by the Illinois
24    Department of Human Services;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

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1        (6) support his or her dependents;
2        (7) refrain from having in his or her body the
3    presence of any illicit drug prohibited by this Act, the
4    Cannabis Control Act, or the Illinois Controlled
5    Substances Act, unless prescribed by a physician, and
6    submit samples of his or her blood or urine or both for
7    tests to determine the presence of any illicit drug; or
8        (8) if a minor:
9            (i) reside with his or her parents or in a foster
10        home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13        or
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation,
17the court may enter a judgment on its original finding of guilt
18and proceed as otherwise provided.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss
21the proceedings against the person.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, a sentence discharge and
25dismissal under this Section is not a conviction for purposes
26of this Act or for purposes of disqualifications or

 

 

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1disabilities imposed by law upon conviction of a crime unless
2and until judgment is entered.
3    (h) A person may not have more than one discharge and
4dismissal under this Section within a 4-year period.
5    (i) If a person is convicted of an offense under this Act,
6the Cannabis Control Act, or the Illinois Controlled
7Substances Act within 5 years subsequent to a discharge and
8dismissal under this Section, the discharge and dismissal
9under this Section are admissible in the sentencing proceeding
10for that conviction as evidence in aggravation.
11    (j) Notwithstanding subsection (a), before a person is
12sentenced to probation under this Section, the court may refer
13the person to the drug court established in that judicial
14circuit pursuant to Section 15 of the Drug Court Treatment
15Act. The drug court team shall evaluate the person's
16likelihood of successfully completing a sentence of probation
17under this Section and shall report the results of its
18evaluation to the court. If the drug court team finds that the
19person suffers from a substance abuse problem that makes him
20or her substantially unlikely to successfully complete a
21sentence of probation under this Section, then the drug court
22shall set forth its findings in the form of a written order,
23and the person shall not be sentenced to probation under this
24Section, but shall be considered for the drug court program.
25(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
26100-575, eff. 1-8-18.)
 

 

 

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1    Section 25. The Unified Code of Corrections is amended by
2changing Sections 5-6-3.4 and 5-6-3.6 as follows:
 
3    (730 ILCS 5/5-6-3.4)
4    Sec. 5-6-3.4. Second Chance Probation.
5    (a) Whenever any person who has not previously been
6convicted of any felony offense under the laws of this State,
7the laws of any other state, or the laws of the United States,
8and pleads guilty to, or is found guilty of, possession of less
9than 15 grams of a controlled substance; possession of less
10than 15 grams of methamphetamine; or a probationable felony
11offense of possession of cannabis, theft, retail theft,
12forgery, deceptive practices, possession of a stolen motor
13vehicle, burglary, possession of burglary tools, disorderly
14conduct, criminal damage or trespass to property under Article
1521 of the Criminal Code of 2012, criminal trespass to a
16residence, an offense involving fraudulent identification, or
17obstructing justice; or possession of cannabis, the court,
18with the consent of the defendant and the State's Attorney,
19may, without entering a judgment, sentence the defendant to
20probation under this Section. A sentence under this Section
21shall not be considered a conviction under Illinois law unless
22and until judgment is entered under subsection (e) of this
23Section.
24    (a-1) Exemptions. A defendant is not eligible for this

 

 

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1probation if the offense he or she pleads guilty to, or is
2found guilty of, is a violent offense, or he or she has
3previously been convicted of a violent offense. For purposes
4of this probation, a "violent offense" is any offense where
5bodily harm was inflicted or where force was used against any
6person or threatened against any person, any offense involving
7sexual conduct, sexual penetration, or sexual exploitation,
8any offense of domestic violence, domestic battery, violation
9of an order of protection, stalking, hate crime, and any
10offense involving the possession of a firearm or dangerous
11weapon. A defendant shall not be eligible for this probation
12if he or she has previously been adjudicated a delinquent
13minor for the commission of a violent offense as defined in
14this subsection.
15    (b) When a defendant is placed on probation, the court
16shall enter an order specifying a period of probation of not
17less than 24 months and shall defer further proceedings in the
18case until the conclusion of the period or until the filing of
19a petition alleging violation of a term or condition of
20probation.
21    (c) The conditions of probation shall be that the
22defendant:
23        (1) not violate any criminal statute of this State or
24    any other jurisdiction;
25        (2) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

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1        (3) make full restitution to the victim or property
2    owner under Section 5-5-6 of this Code;
3        (4) obtain or attempt to obtain employment;
4        (5) pay fines and costs;
5        (6) attend educational courses designed to prepare the
6    defendant for obtaining a high school diploma or to work
7    toward passing high school equivalency testing or to work
8    toward completing a vocational training program;
9        (7) submit to periodic drug testing at a time and in a
10    manner as ordered by the court, but no less than 3 times
11    during the period of probation, with the cost of the
12    testing to be paid by the defendant; and
13        (8) perform a minimum of 30 hours of community
14    service. The court may give credit toward the fulfillment
15    of community service hours for participation in activities
16    and treatment as determined by court services.
17    (d) The court may, in addition to other conditions,
18require that the defendant:
19        (1) make a report to and appear in person before or
20    participate with the court or such courts, person, or
21    social service agency as directed by the court in the
22    order of probation;
23        (2) undergo medical or psychiatric treatment, or
24    treatment or rehabilitation approved by the Illinois
25    Department of Human Services;
26        (3) attend or reside in a facility established for the

 

 

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1    instruction or residence of defendants on probation;
2        (4) support his or her dependents; or
3        (5) refrain from having in his or her body the
4    presence of any illicit drug prohibited by the
5    Methamphetamine Control and Community Protection Act, the
6    Cannabis Control Act, or the Illinois Controlled
7    Substances Act, unless prescribed by a physician, and
8    submit samples of his or her blood or urine or both for
9    tests to determine the presence of any illicit drug.
10    (e) Upon violation of a term or condition of probation,
11the court may enter a judgment on its original finding of guilt
12and proceed as otherwise provided by law.
13    (f) Upon fulfillment of the terms and conditions of
14probation, the court shall discharge the person and dismiss
15the proceedings against the person.
16    (g) A disposition of probation is considered to be a
17conviction for the purposes of imposing the conditions of
18probation and for appeal; however, a sentence discharge and
19dismissal under this Section is not a conviction for purposes
20of this Code or for purposes of disqualifications or
21disabilities imposed by law upon conviction of a crime unless
22and until judgment is entered.
23    (h) A person may only have one discharge and dismissal
24under this Section within a 4-year period.
25    (i) If a person is convicted of any offense which occurred
26within 5 years subsequent to a discharge and dismissal under

 

 

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1this Section, the discharge and dismissal under this Section
2shall be admissible in the sentencing proceeding for that
3conviction as evidence in aggravation.
4    (j) Notwithstanding subsection (a), if the court finds
5that the defendant suffers from a substance abuse problem,
6then before the person is placed on probation under this
7Section, the court may refer the person to the drug court
8established in that judicial circuit pursuant to Section 15 of
9the Drug Court Treatment Act. The drug court team shall
10evaluate the person's likelihood of successfully fulfilling
11the terms and conditions of probation under this Section and
12shall report the results of its evaluation to the court. If the
13drug court team finds that the person suffers from a substance
14abuse problem that makes him or her substantially unlikely to
15successfully fulfill the terms and conditions of probation
16under this Section, then the drug court shall set forth its
17findings in the form of a written order, and the person shall
18be ineligible to be placed on probation under this Section,
19but shall be considered for the drug court program.
20(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
21100-575, eff. 1-8-18.)
 
22    (730 ILCS 5/5-6-3.6)
23    Sec. 5-6-3.6. First Time Weapon Offense Program.
24    (a) The General Assembly has sought to promote public
25safety, reduce recidivism, and conserve valuable resources of

 

 

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1the criminal justice system through the creation of diversion
2programs for non-violent offenders. This amendatory Act of the
3103rd General Assembly establishes a program for first-time,
4non-violent offenders charged with certain weapons possession
5offenses. The General Assembly recognizes some persons,
6particularly in areas of high crime or poverty, may have
7experienced trauma that contributes to poor decision making
8skills, and the creation of a diversionary program poses a
9greater benefit to the community and the person than
10incarceration. Under this program, a court, with the consent
11of the defendant and the State's Attorney, may sentence a
12defendant charged with an unlawful use of weapons offense
13under Section 24-1 of the Criminal Code of 2012 or aggravated
14unlawful use of a weapon offense under Section 24-1.6 of the
15Criminal Code of 2012, if punishable as a Class 4 felony or
16lower, to a First Time Weapon Offense Program.
17    (b) A defendant is not eligible for this Program if:
18        (1) the offense was committed during the commission of
19    a violent offense as defined in subsection (h) of this
20    Section;
21        (2) he or she has previously been convicted or placed
22    on probation or conditional discharge for any violent
23    offense under the laws of this State, the laws of any other
24    state, or the laws of the United States;
25        (3) he or she had a prior successful completion of the
26    First Time Weapon Offense Program under this Section;

 

 

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1        (4) he or she has previously been adjudicated a
2    delinquent minor for the commission of a violent offense;
3        (5) (blank); or
4        (6) he or she has an existing order of protection
5    issued against him or her.
6    (b-5) In considering whether a defendant shall be
7sentenced to the First Time Weapon Offense Program, the court
8shall consider the following:
9        (1) the age, immaturity, or limited mental capacity of
10    the defendant;
11        (2) the nature and circumstances of the offense;
12        (3) whether participation in the Program is in the
13    interest of the defendant's rehabilitation, including any
14    employment or involvement in community, educational,
15    training, or vocational programs;
16        (4) whether the defendant suffers from trauma, as
17    supported by documentation or evaluation by a licensed
18    professional; and
19        (5) the potential risk to public safety.
20    (c) For an offense committed on or after January 1, 2018
21(the effective date of Public Act 100-3) whenever an eligible
22person pleads guilty to an unlawful use of weapons offense
23under Section 24-1 of the Criminal Code of 2012 or aggravated
24unlawful use of a weapon offense under Section 24-1.6 of the
25Criminal Code of 2012, which is punishable as a Class 4 felony
26or lower, the court, with the consent of the defendant and the

 

 

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1State's Attorney, may, without entering a judgment, sentence
2the defendant to complete the First Time Weapon Offense
3Program. When a defendant is placed in the Program, the court
4shall defer further proceedings in the case until the
5conclusion of the period or until the filing of a petition
6alleging violation of a term or condition of the Program. A
7disposition of probation is considered to be a conviction for
8the purposes of imposing the conditions of probation and for
9appeal, however, a sentence under this Section is not a
10conviction for purposes of this Act or for purposes of
11disqualifications or disabilities imposed by law upon
12conviction of a crime unless and until judgment is entered.
13Upon violation of a term or condition of the Program, the court
14may enter a judgment on its original finding of guilt and
15proceed as otherwise provided by law. Upon fulfillment of the
16terms and conditions of the Program, the court shall discharge
17the person and dismiss the proceedings against the person.
18    (d) The Program shall be at least 6 months and not to
19exceed 24 months, as determined by the court at the
20recommendation of the Program administrator and the State's
21Attorney. The Program administrator may be appointed by the
22Chief Judge of each Judicial Circuit.
23    (e) The conditions of the Program shall be that the
24defendant:
25        (1) not violate any criminal statute of this State or
26    any other jurisdiction;

 

 

10300HB5285ham001- 22 -LRB103 37363 RLC 72000 a

1        (2) refrain from possessing a firearm or other
2    dangerous weapon;
3        (3) (blank);
4        (4) (blank);
5        (5) (blank);
6        (6) (blank);
7        (7) attend and participate in any Program activities
8    deemed required by the Program administrator, such as:
9    counseling sessions, in-person and over the phone
10    check-ins, and educational classes; and
11        (8) (blank).
12    (f) The Program may, in addition to other conditions,
13require that the defendant:
14        (1) obtain or attempt to obtain employment;
15        (2) attend educational courses designed to prepare the
16    defendant for obtaining a high school diploma or to work
17    toward passing high school equivalency testing or to work
18    toward completing a vocational training program;
19        (3) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the
21    Methamphetamine Control and Community Protection Act or
22    the Illinois Controlled Substances Act, unless prescribed
23    by a physician, and submit samples of his or her blood or
24    urine or both for tests to determine the presence of any
25    illicit drug;
26        (4) perform community service;

 

 

10300HB5285ham001- 23 -LRB103 37363 RLC 72000 a

1        (5) pay all fines, assessments, fees, and costs; and
2        (6) comply with such other reasonable conditions as
3    the court may impose.
4    (g) There may be only one discharge and dismissal under
5this Section. If a person is convicted of any offense which
6occurred within 5 years subsequent to a discharge and
7dismissal under this Section, the discharge and dismissal
8under this Section shall be admissible in the sentencing
9proceeding for that conviction as evidence in aggravation.
10    (h) For purposes of this Section, "violent offense" means
11any offense in which bodily harm was inflicted or force was
12used against any person or threatened against any person; any
13offense involving the possession of a firearm or dangerous
14weapon; any offense involving sexual conduct, sexual
15penetration, or sexual exploitation; violation of an order of
16protection, stalking, hate crime, domestic battery, or any
17offense of domestic violence.
18    (i) (Blank).
19(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;
20103-370, eff. 7-28-23.)".