SB1497 EnrolledLRB098 08050 RLC 38141 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Veterans and Servicemembers Court
Treatment 
5Act is amended  by changing Section 20 as follows:
 
6    (730 ILCS 167/20)

7    Sec. 20. Eligibility. Veterans and Servicemembers are 
8eligible for Veterans and
Servicemembers Courts, provided the 
9following:

10    (a) A defendant, who is eligible for probation based on the 
11nature of the crime convicted of and in consideration of his or 
12her criminal background, if any, may be admitted into a 
13Veterans and Servicemembers Court program
only upon the 
14agreement of the prosecutor and the defendant and with the 
15approval of the Court.

16    (b) A defendant shall be excluded from Veterans and 
17Servicemembers Court program if
any of one of the following 
18applies:

19        (1) The crime is a crime of violence as set forth in 
20    clause (3) of this subsection (b).
21        (2) The defendant does not demonstrate a willingness to 
22    participate in a treatment
program.

23        (3) The defendant has been convicted of a crime of 
 
 
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1    violence within the past 10
years excluding incarceration 
2    time, including but not limited to: first degree murder,

3    second degree murder, predatory criminal sexual assault of 
4    a child, aggravated criminal
sexual assault, criminal 
5    sexual assault, armed robbery, aggravated arson, arson,

6    aggravated kidnapping and kidnapping, aggravated battery 
7    resulting in great bodily harm
or permanent disability, 
8    stalking, aggravated stalking, or any offense involving 
9    the
discharge of a firearm or where occurred serious bodily 
10    injury or death to any person.
11        (4) (Blank).


12        (5) The crime for which the defendant has been 
13    convicted is non-probationable.
14        (6) The sentence imposed on the defendant, whether the 
15    result of a plea or a finding of guilt, renders the 
16    defendant ineligible for probation.

17(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
18    Section 10. The Mental Health Court Treatment Act is 
19amended  by changing Section 20 as follows:
 
20    (730 ILCS 168/20)

21    Sec. 20. Eligibility. 
22    (a) A defendant, who is eligible for probation based on the 
23nature of the crime convicted of and in consideration of his or 
24her criminal background, if any, may be admitted into a mental 
 
 
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1health court program only upon the agreement of the prosecutor 
2and the defendant and with the approval of the court.
3    (b) A defendant shall be excluded from a mental health 
4court program if any one of the following applies:
5        (1) The crime is a crime of violence as set forth in 
6    clause (3) of this subsection (b).
7        (2) The defendant does not demonstrate a willingness to 
8    participate in a treatment program.
9        (3) The defendant has been convicted of a crime of 
10    violence within the past 10 years excluding incarceration 
11    time, specifically first degree murder, second degree 
12    murder, predatory criminal sexual assault of a child, 
13    aggravated criminal sexual assault, criminal sexual 
14    assault, armed robbery, aggravated arson, arson, 
15    aggravated kidnapping, kidnapping, stalking, aggravated 
16    stalking, or any offense involving the discharge of a 
17    firearm.
18        (4) (Blank).
19        (5) The crime for which the defendant has been 
20    convicted is non-probationable.
21        (6) The sentence imposed on the defendant, whether the 
22    result of a plea or a finding of guilt, renders the 
23    defendant ineligible for probation.



24(Source: P.A. 97-946, eff. 8-13-12.)