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Rep. Kevin John Olickal
Filed: 4/8/2024
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1 | | AMENDMENT TO HOUSE BILL 5285
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2 | | AMENDMENT NO. ______. Amend House Bill 5285 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing 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 |
8 | | conviction or sentence entered upon a plea of guilty or upon a |
9 | | verdict or finding of guilty of an offense, rendered by a |
10 | | legally constituted jury or by a court of competent |
11 | | jurisdiction authorized to try the case without a jury. If |
12 | | judgment is withheld, the plea, verdict, or finding of guilty |
13 | | is not a conviction under Illinois law unless and until |
14 | | judgment is entered. |
15 | | (Source: Laws 1961, p. 1983 .) |
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1 | | Section 10. The Cannabis Control Act is amended by |
2 | | changing 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 |
5 | | been convicted of any felony offense under this Act or any law |
6 | | of the United States or of any State relating to cannabis, or |
7 | | controlled substances as defined in the Illinois Controlled |
8 | | Substances Act, pleads guilty to or is found guilty of |
9 | | violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of |
10 | | this Act, the court may, without entering a judgment and with |
11 | | the consent of such person, sentence him to probation. A |
12 | | sentence under this Section shall not be considered a |
13 | | conviction under Illinois law unless and until judgment is |
14 | | entered under subsection (e) of this Section. |
15 | | (b) When a person is placed on probation, the court shall |
16 | | enter an order specifying a period of probation of 24 months, |
17 | | and shall defer further proceedings in the case until the |
18 | | conclusion of the period or until the filing of a petition |
19 | | alleging 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) |
22 | | refrain from possession of a firearm or other dangerous |
23 | | weapon; (3) submit to periodic drug testing at a time and in a |
24 | | manner as ordered by the court, but no less than 3 times during |
25 | | the period of the probation, with the cost of the testing to be |
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1 | | paid by the probationer; and (4) perform no less than 30 hours |
2 | | of community service, provided community service is available |
3 | | in the jurisdiction and is funded and approved by the county |
4 | | board. The court may give credit toward the fulfillment of |
5 | | community service hours for participation in activities and |
6 | | treatment as determined by court services. |
7 | | (d) The court may, in addition to other conditions, |
8 | | require 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, |
11 | | the court may enter a judgment on its original finding of guilt |
12 | | and proceed as otherwise provided. |
13 | | (f) Upon fulfillment of the terms and conditions of |
14 | | probation, the court shall discharge such person and dismiss |
15 | | the proceedings against him. |
16 | | (g) A disposition of probation is considered to be a |
17 | | conviction for the purposes of imposing the conditions of |
18 | | probation and for appeal, however, a sentence discharge and |
19 | | dismissal under this Section is not a conviction for purposes |
20 | | of disqualification or disabilities imposed by law upon |
21 | | conviction of a crime (including the additional penalty |
22 | | imposed for subsequent offenses under Section 4(c), 4(d), 5(c) |
23 | | or 5(d) of this Act) unless and until judgment is entered . |
24 | | (h) A person may not have more than one discharge and |
25 | | dismissal 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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1 | | the Illinois Controlled Substances Act, or the Methamphetamine |
2 | | Control and Community Protection Act within 5 years subsequent |
3 | | to a discharge and dismissal under this Section, the discharge |
4 | | and dismissal under this Section shall be admissible in the |
5 | | sentencing proceeding for that conviction as a factor in |
6 | | aggravation. |
7 | | (j) Notwithstanding subsection (a), before a person is |
8 | | sentenced to probation under this Section, the court may refer |
9 | | the person to the drug court established in that judicial |
10 | | circuit pursuant to Section 15 of the Drug Court Treatment |
11 | | Act. The drug court team shall evaluate the person's |
12 | | likelihood of successfully completing a sentence of probation |
13 | | under this Section and shall report the results of its |
14 | | evaluation to the court. If the drug court team finds that the |
15 | | person suffers from a substance abuse problem that makes him |
16 | | or her substantially unlikely to successfully complete a |
17 | | sentence of probation under this Section, then the drug court |
18 | | shall set forth its findings in the form of a written order, |
19 | | and the person shall not be sentenced to probation under this |
20 | | Section, but shall be considered for the drug court program. |
21 | | (k) Fines and assessments, such as fees or administrative |
22 | | costs, authorized under this Section shall not be ordered or |
23 | | imposed against a minor subject to Article III, IV, or V of the |
24 | | Juvenile Court Act of 1987, or a minor under the age of 18 |
25 | | transferred to adult court or excluded from juvenile court |
26 | | jurisdiction under Article V of the Juvenile Court Act of |
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1 | | 1987, 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 |
4 | | amended 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 |
7 | | been convicted of any felony offense under this Act or any law |
8 | | of the United States or of any State relating to cannabis or |
9 | | controlled substances, pleads guilty to or is found guilty of |
10 | | possession of a controlled or counterfeit substance under |
11 | | subsection (c) of Section 402 or of unauthorized possession of |
12 | | prescription form under Section 406.2, the court, without |
13 | | entering a judgment and with the consent of such person, may |
14 | | sentence him or her to probation. A sentence under this |
15 | | Section shall not be considered a conviction under Illinois |
16 | | law unless and until judgment is entered under subsection (e) |
17 | | of this Section. |
18 | | (b) When a person is placed on probation, the court shall |
19 | | enter an order specifying a period of probation of 24 months |
20 | | and shall defer further proceedings in the case until the |
21 | | conclusion of the period or until the filing of a petition |
22 | | alleging 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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1 | | refrain from possessing a firearm or other dangerous weapon; |
2 | | (3) submit to periodic drug testing at a time and in a manner |
3 | | as ordered by the court, but no less than 3 times during the |
4 | | period of the probation, with the cost of the testing to be |
5 | | paid by the probationer; and (4) perform no less than 30 hours |
6 | | of community service, provided community service is available |
7 | | in the jurisdiction and is funded and approved by the county |
8 | | board. The court may give credit toward the fulfillment of |
9 | | community service hours for participation in activities and |
10 | | treatment as determined by court services. |
11 | | (d) The court may, in addition to other conditions, |
12 | | require 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, |
15 | | the court may enter a judgment on its original finding of guilt |
16 | | and proceed as otherwise provided. |
17 | | (f) Upon fulfillment of the terms and conditions of |
18 | | probation, the court shall discharge the person and dismiss |
19 | | the proceedings against him or her. |
20 | | (g) A disposition of probation is considered to be a |
21 | | conviction for the purposes of imposing the conditions of |
22 | | probation and for appeal, however, a sentence discharge and |
23 | | dismissal under this Section is not a conviction for purposes |
24 | | of this Act or for purposes of disqualifications or |
25 | | disabilities imposed by law upon conviction of a crime unless |
26 | | and until judgment is entered . |
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1 | | (h) A person may not have more than one discharge and |
2 | | dismissal under this Section within a 4-year period. |
3 | | (i) If a person is convicted of an offense under this Act, |
4 | | the Cannabis Control Act, or the Methamphetamine Control and |
5 | | Community Protection Act within 5 years subsequent to a |
6 | | discharge and dismissal under this Section, the discharge and |
7 | | dismissal under this Section shall be admissible in the |
8 | | sentencing proceeding for that conviction as evidence in |
9 | | aggravation. |
10 | | (j) Notwithstanding subsection (a), before a person is |
11 | | sentenced to probation under this Section, the court may refer |
12 | | the person to the drug court established in that judicial |
13 | | circuit pursuant to Section 15 of the Drug Court Treatment |
14 | | Act. The drug court team shall evaluate the person's |
15 | | likelihood of successfully completing a sentence of probation |
16 | | under this Section and shall report the results of its |
17 | | evaluation to the court. If the drug court team finds that the |
18 | | person suffers from a substance abuse problem that makes him |
19 | | or her substantially unlikely to successfully complete a |
20 | | sentence of probation under this Section, then the drug court |
21 | | shall set forth its findings in the form of a written order, |
22 | | and the person shall not be sentenced to probation under this |
23 | | Section, 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; |
25 | | 100-575, eff. 1-8-18.) |
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1 | | Section 20. The Methamphetamine Control and Community |
2 | | Protection 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 |
6 | | convicted of any felony offense under this Act, the Illinois |
7 | | Controlled Substances Act, the Cannabis Control Act, or any |
8 | | law of the United States or of any state relating to cannabis |
9 | | or controlled substances, pleads guilty to or is found guilty |
10 | | of possession of less than 15 grams of methamphetamine under |
11 | | paragraph (1) or (2) of subsection (b) of Section 60 of this |
12 | | Act, the court, without entering a judgment and with the |
13 | | consent of the person, may sentence him or her to probation. A |
14 | | sentence under this Section shall not be considered a |
15 | | conviction under Illinois law unless and until judgment is |
16 | | entered under subsection (e) of this Section. |
17 | | (b) When a person is placed on probation, the court shall |
18 | | enter an order specifying a period of probation of 24 months |
19 | | and shall defer further proceedings in the case until the |
20 | | conclusion of the period or until the filing of a petition |
21 | | alleging 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, |
13 | | require that the person take one or more of the following |
14 | | actions: |
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, |
17 | | the court may enter a judgment on its original finding of guilt |
18 | | and proceed as otherwise provided. |
19 | | (f) Upon fulfillment of the terms and conditions of |
20 | | probation, the court shall discharge the person and dismiss |
21 | | the proceedings against the person. |
22 | | (g) A disposition of probation is considered to be a |
23 | | conviction for the purposes of imposing the conditions of |
24 | | probation and for appeal, however, a sentence discharge and |
25 | | dismissal under this Section is not a conviction for purposes |
26 | | of this Act or for purposes of disqualifications or |
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1 | | disabilities imposed by law upon conviction of a crime unless |
2 | | and until judgment is entered . |
3 | | (h) A person may not have more than one discharge and |
4 | | dismissal under this Section within a 4-year period. |
5 | | (i) If a person is convicted of an offense under this Act, |
6 | | the Cannabis Control Act, or the Illinois Controlled |
7 | | Substances Act within 5 years subsequent to a discharge and |
8 | | dismissal under this Section, the discharge and dismissal |
9 | | under this Section are admissible in the sentencing proceeding |
10 | | for that conviction as evidence in aggravation. |
11 | | (j) Notwithstanding subsection (a), before a person is |
12 | | sentenced to probation under this Section, the court may refer |
13 | | the person to the drug court established in that judicial |
14 | | circuit pursuant to Section 15 of the Drug Court Treatment |
15 | | Act. The drug court team shall evaluate the person's |
16 | | likelihood of successfully completing a sentence of probation |
17 | | under this Section and shall report the results of its |
18 | | evaluation to the court. If the drug court team finds that the |
19 | | person suffers from a substance abuse problem that makes him |
20 | | or her substantially unlikely to successfully complete a |
21 | | sentence of probation under this Section, then the drug court |
22 | | shall set forth its findings in the form of a written order, |
23 | | and the person shall not be sentenced to probation under this |
24 | | Section, 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; |
26 | | 100-575, eff. 1-8-18.) |
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1 | | Section 25. The Unified Code of Corrections is amended by |
2 | | changing 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 |
6 | | convicted of any felony offense under the laws of this State, |
7 | | the laws of any other state, or the laws of the United States, |
8 | | and pleads guilty to, or is found guilty of, possession of less |
9 | | than 15 grams of a controlled substance; possession of less |
10 | | than 15 grams of methamphetamine; or a probationable felony |
11 | | offense of possession of cannabis, theft, retail theft, |
12 | | forgery, deceptive practices, possession of a stolen motor |
13 | | vehicle, burglary, possession of burglary tools, disorderly |
14 | | conduct, criminal damage or trespass to property under Article |
15 | | 21 of the Criminal Code of 2012, criminal trespass to a |
16 | | residence, an offense involving fraudulent identification, or |
17 | | obstructing justice; or possession of cannabis, the court, |
18 | | with the consent of the defendant and the State's Attorney, |
19 | | may, without entering a judgment, sentence the defendant to |
20 | | probation under this Section. A sentence under this Section |
21 | | shall not be considered a conviction under Illinois law unless |
22 | | and until judgment is entered under subsection (e) of this |
23 | | Section. |
24 | | (a-1) Exemptions. A defendant is not eligible for this |
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1 | | probation if the offense he or she pleads guilty to, or is |
2 | | found guilty of, is a violent offense, or he or she has |
3 | | previously been convicted of a violent offense. For purposes |
4 | | of this probation, a "violent offense" is any offense where |
5 | | bodily harm was inflicted or where force was used against any |
6 | | person or threatened against any person, any offense involving |
7 | | sexual conduct, sexual penetration, or sexual exploitation, |
8 | | any offense of domestic violence, domestic battery, violation |
9 | | of an order of protection, stalking, hate crime, and any |
10 | | offense involving the possession of a firearm or dangerous |
11 | | weapon. A defendant shall not be eligible for this probation |
12 | | if he or she has previously been adjudicated a delinquent |
13 | | minor for the commission of a violent offense as defined in |
14 | | this subsection. |
15 | | (b) When a defendant is placed on probation, the court |
16 | | shall enter an order specifying a period of probation of not |
17 | | less than 24 months and shall defer further proceedings in the |
18 | | case until the conclusion of the period or until the filing of |
19 | | a petition alleging violation of a term or condition of |
20 | | probation. |
21 | | (c) The conditions of probation shall be that the |
22 | | defendant: |
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, |
18 | | require 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, |
11 | | the court may enter a judgment on its original finding of guilt |
12 | | and proceed as otherwise provided by law. |
13 | | (f) Upon fulfillment of the terms and conditions of |
14 | | probation, the court shall discharge the person and dismiss |
15 | | the proceedings against the person. |
16 | | (g) A disposition of probation is considered to be a |
17 | | conviction for the purposes of imposing the conditions of |
18 | | probation and for appeal; however, a sentence discharge and |
19 | | dismissal under this Section is not a conviction for purposes |
20 | | of this Code or for purposes of disqualifications or |
21 | | disabilities imposed by law upon conviction of a crime unless |
22 | | and until judgment is entered . |
23 | | (h) A person may only have one discharge and dismissal |
24 | | under this Section within a 4-year period. |
25 | | (i) If a person is convicted of any offense which occurred |
26 | | within 5 years subsequent to a discharge and dismissal under |
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1 | | this Section, the discharge and dismissal under this Section |
2 | | shall be admissible in the sentencing proceeding for that |
3 | | conviction as evidence in aggravation. |
4 | | (j) Notwithstanding subsection (a), if the court finds |
5 | | that the defendant suffers from a substance abuse problem, |
6 | | then before the person is placed on probation under this |
7 | | Section, the court may refer the person to the drug court |
8 | | established in that judicial circuit pursuant to Section 15 of |
9 | | the Drug Court Treatment Act. The drug court team shall |
10 | | evaluate the person's likelihood of successfully fulfilling |
11 | | the terms and conditions of probation under this Section and |
12 | | shall report the results of its evaluation to the court. If the |
13 | | drug court team finds that the person suffers from a substance |
14 | | abuse problem that makes him or her substantially unlikely to |
15 | | successfully fulfill the terms and conditions of probation |
16 | | under this Section, then the drug court shall set forth its |
17 | | findings in the form of a written order, and the person shall |
18 | | be ineligible to be placed on probation under this Section, |
19 | | but shall be considered for the drug court program. |
20 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; |
21 | | 100-575, 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 |
25 | | safety, reduce recidivism, and conserve valuable resources of |
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1 | | the criminal justice system through the creation of diversion |
2 | | programs for non-violent offenders. This amendatory Act of the |
3 | | 103rd General Assembly establishes a program for first-time, |
4 | | non-violent offenders charged with certain weapons possession |
5 | | offenses. The General Assembly recognizes some persons, |
6 | | particularly in areas of high crime or poverty, may have |
7 | | experienced trauma that contributes to poor decision making |
8 | | skills, and the creation of a diversionary program poses a |
9 | | greater benefit to the community and the person than |
10 | | incarceration. Under this program, a court, with the consent |
11 | | of the defendant and the State's Attorney, may sentence a |
12 | | defendant charged with an unlawful use of weapons offense |
13 | | under Section 24-1 of the Criminal Code of 2012 or aggravated |
14 | | unlawful use of a weapon offense under Section 24-1.6 of the |
15 | | Criminal Code of 2012, if punishable as a Class 4 felony or |
16 | | lower, 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 |
7 | | sentenced to the First Time Weapon Offense Program, the court |
8 | | shall 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 |
22 | | person pleads guilty to an unlawful use of weapons offense |
23 | | under Section 24-1 of the Criminal Code of 2012 or aggravated |
24 | | unlawful use of a weapon offense under Section 24-1.6 of the |
25 | | Criminal Code of 2012, which is punishable as a Class 4 felony |
26 | | or lower, the court, with the consent of the defendant and the |
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1 | | State's Attorney, may, without entering a judgment, sentence |
2 | | the defendant to complete the First Time Weapon Offense |
3 | | Program. When a defendant is placed in the Program, the court |
4 | | shall defer further proceedings in the case until the |
5 | | conclusion of the period or until the filing of a petition |
6 | | alleging violation of a term or condition of the Program. A |
7 | | disposition of probation is considered to be a conviction for |
8 | | the purposes of imposing the conditions of probation and for |
9 | | appeal, however, a sentence under this Section is not a |
10 | | conviction for purposes of this Act or for purposes of |
11 | | disqualifications or disabilities imposed by law upon |
12 | | conviction of a crime unless and until judgment is entered. |
13 | | Upon violation of a term or condition of the Program, the court |
14 | | may enter a judgment on its original finding of guilt and |
15 | | proceed as otherwise provided by law. Upon fulfillment of the |
16 | | terms and conditions of the Program, the court shall discharge |
17 | | the person and dismiss the proceedings against the person. |
18 | | (d) The Program shall be at least 6 months and not to |
19 | | exceed 24 months, as determined by the court at the |
20 | | recommendation of the Program administrator and the State's |
21 | | Attorney. The Program administrator may be appointed by the |
22 | | Chief Judge of each Judicial Circuit. |
23 | | (e) The conditions of the Program shall be that the |
24 | | defendant: |
25 | | (1) not violate any criminal statute of this State or |
26 | | any other jurisdiction; |
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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, |
13 | | require 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; |
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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 |
5 | | this Section. If a person is convicted of any offense which |
6 | | occurred within 5 years subsequent to a discharge and |
7 | | dismissal under this Section, the discharge and dismissal |
8 | | under this Section shall be admissible in the sentencing |
9 | | proceeding for that conviction as evidence in aggravation. |
10 | | (h) For purposes of this Section, "violent offense" means |
11 | | any offense in which bodily harm was inflicted or force was |
12 | | used against any person or threatened against any person; any |
13 | | offense involving the possession of a firearm or dangerous |
14 | | weapon; any offense involving sexual conduct, sexual |
15 | | penetration, or sexual exploitation; violation of an order of |
16 | | protection, stalking, hate crime, domestic battery, or any |
17 | | offense of domestic violence. |
18 | | (i) (Blank). |
19 | | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; |
20 | | 103-370, eff. 7-28-23.)". |