093_SB0096ham001

 










                                     LRB093 05248 DRH 14919 a

 1                     AMENDMENT TO SENATE BILL 96

 2        AMENDMENT NO.     .  Amend Senate Bill 96 on page 1, line
 3    1, by replacing "transportation." with  "driving  offenses.";
 4    and

 5    on page 8, below line 25, by inserting the following:

 6        "Section  10.  The Unified Code of Corrections is amended
 7    by changing Section 5-4-1 as follows:

 8        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
 9        Sec. 5-4-1.  Sentencing Hearing.
10        (a)  Except  when  the  death  penalty  is  sought  under
11    hearing procedures otherwise specified, after a determination
12    of guilt, a hearing shall be held  to  impose  the  sentence.
13    However, prior to the imposition of sentence on an individual
14    being  sentenced  for  an  offense  based upon a charge for a
15    violation of Section 11-501 of the Illinois Vehicle Code or a
16    similar provision of a local ordinance, the  individual  must
17    undergo  a professional evaluation to determine if an alcohol
18    or other drug abuse problem exists and the extent of  such  a
19    problem.   Programs  conducting  these  evaluations  shall be
20    licensed by the Department of Human  Services.   However,  if
21    the  individual is not a resident of Illinois, the court may,
 
                            -2-      LRB093 05248 DRH 14919 a
 1    in its discretion, accept an evaluation from a program in the
 2    state of such individual's residence. The court  may  in  its
 3    sentencing  order approve an eligible defendant for placement
 4    in a Department of Corrections impact  incarceration  program
 5    as  provided  in  Section 5-8-1.1 or 5-8-1.3.  At the hearing
 6    the court shall:
 7             (1)  consider the evidence, if  any,  received  upon
 8        the trial;
 9             (2)  consider any presentence reports;
10             (3)  consider  the financial impact of incarceration
11        based on the financial impact statement  filed  with  the
12        clerk of the court by the Department of Corrections;
13             (4)  consider  evidence  and  information offered by
14        the parties in aggravation and mitigation;
15             (5)  hear arguments as to sentencing alternatives;
16             (6)  afford the defendant the opportunity to make  a
17        statement in his own behalf;
18             (7)  afford  the  victim  of  a  violent  crime or a
19        violation of Section 11-501 of the Illinois Vehicle Code,
20        or a  similar  provision  of  a  local  ordinance,  or  a
21        qualified  individual  affected by a violation of Section
22        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
23        Substances   Act,   committed   by   the   defendant  the
24        opportunity to make a statement concerning the impact  on
25        the  victim  and  to  offer  evidence  in  aggravation or
26        mitigation; provided  that  the  statement  and  evidence
27        offered  in  aggravation  or  mitigation  must  first  be
28        prepared  in  writing  in  conjunction  with  the State's
29        Attorney  before  it  may  be  presented  orally  at  the
30        hearing. Any sworn testimony offered  by  the  victim  is
31        subject  to  the  defendant's right to cross-examine. All
32        statements and evidence offered under this paragraph  (7)
33        shall  become  part  of the record of the court.  For the
34        purpose of this  paragraph  (7),  "qualified  individual"
 
                            -3-      LRB093 05248 DRH 14919 a
 1        means  any  person  who  (i)  lived  or worked within the
 2        territorial jurisdiction where  the  offense  took  place
 3        when  the  offense  took place; and (ii) is familiar with
 4        various public places within the territorial jurisdiction
 5        where the offense took place when the offense took place.
 6        For  the  purposes  of  this  paragraph  (7),  "qualified
 7        individual" includes any peace officer, or any member  of
 8        any duly organized State, county, or municipal peace unit
 9        assigned   to  the  territorial  jurisdiction  where  the
10        offense took place when the offense took place; and
11             (8)  in  cases  of  reckless  homicide  afford   the
12        victim's  spouse,  guardians,  parents or other immediate
13        family members an opportunity to make oral statements.
14        (b)  All sentences shall be imposed by  the  judge  based
15    upon  his  independent  assessment  of the elements specified
16    above and  any  agreement  as  to  sentence  reached  by  the
17    parties.   The  judge  who presided at the trial or the judge
18    who accepted the plea of guilty  shall  impose  the  sentence
19    unless  he  is  no  longer  sitting as a judge in that court.
20    Where the judge does not impose sentence at the same time  on
21    all  defendants  who  are  convicted  as  a  result  of being
22    involved in the same offense, the defendant  or  the  State's
23    Attorney  may  advise the sentencing court of the disposition
24    of any other defendants who have been sentenced.
25        (c)  In imposing a sentence for a violent crime or for an
26    offense of operating  or  being  in  physical  control  of  a
27    vehicle  while under the influence of alcohol, any other drug
28    or any combination thereof, or a similar provision of a local
29    ordinance, when such offense resulted in the personal  injury
30    to  someone  other  than the defendant, the trial judge shall
31    specify on the record the particular  evidence,  information,
32    factors  in  mitigation and aggravation or other reasons that
33    led to his sentencing determination. The full verbatim record
34    of the sentencing hearing shall be filed with  the  clerk  of
 
                            -4-      LRB093 05248 DRH 14919 a
 1    the court and shall be a public record.
 2        (c-1)  In   imposing   a  sentence  for  the  offense  of
 3    aggravated  kidnapping  for  ransom,  home  invasion,   armed
 4    robbery, aggravated vehicular hijacking, aggravated discharge
 5    of  a  firearm, or armed violence with a category I weapon or
 6    category II weapon, the trial judge shall make a  finding  as
 7    to  whether the conduct leading to conviction for the offense
 8    resulted in great bodily harm to a victim,  and  shall  enter
 9    that finding and the basis for that finding in the record.
10        (c-2)  If  the  defendant  is  sentenced to prison, other
11    than when a  sentence  of  natural  life  imprisonment  or  a
12    sentence  of  death  is  imposed, at the time the sentence is
13    imposed the judge shall state on the record in open court the
14    approximate period  of  time  the  defendant  will  serve  in
15    custody  according  to  the  then current statutory rules and
16    regulations for early release  found  in  Section  3-6-3  and
17    other  related  provisions  of  this Code.  This statement is
18    intended solely to inform the public, has no legal effect  on
19    the  defendant's  actual release, and may not be relied on by
20    the defendant on appeal.
21        The judge's statement, to be given after pronouncing  the
22    sentence,  other than when the sentence is imposed for one of
23    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
24    shall include the following:
25        "The purpose of this statement is to inform the public of
26    the actual period of time this defendant is likely  to  spend
27    in prison as a result of this sentence.  The actual period of
28    prison  time served is determined by the statutes of Illinois
29    as applied to this sentence by  the  Illinois  Department  of
30    Corrections  and the Illinois Prisoner Review Board.  In this
31    case, assuming the defendant receives all of his or her  good
32    conduct credit, the period of estimated actual custody is ...
33    years  and  ...  months,  less up to 180 days additional good
34    conduct credit for meritorious service.   If  the  defendant,
 
                            -5-      LRB093 05248 DRH 14919 a
 1    because  of  his  or  her own misconduct or failure to comply
 2    with the institutional regulations, does  not  receive  those
 3    credits,  the  actual  time  served in prison will be longer.
 4    The defendant may also receive  an  additional  one-half  day
 5    good   conduct  credit  for  each  day  of  participation  in
 6    vocational,  industry,  substance  abuse,   and   educational
 7    programs as provided for by Illinois statute."
 8        When  the  sentence  is  imposed  for one of the offenses
 9    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
10    when  the  sentence  is  imposed  for  one  of  the  offenses
11    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
12    or after June 19, 1998, and other than when the  sentence  is
13    imposed for reckless homicide as defined in subsection (e) of
14    Section  9-3  of the Criminal Code of 1961 if the offense was
15    committed on or after January 1, 1999, and  other  than  when
16    the  sentence  is imposed for aggravated arson if the offense
17    was  committed  on  or  after  the  effective  date  of  this
18    amendatory Act of the  92nd  General  Assembly,  the  judge's
19    statement,  to be given after pronouncing the sentence, shall
20    include the following:
21        "The purpose of this statement is to inform the public of
22    the actual period of time this defendant is likely  to  spend
23    in prison as a result of this sentence.  The actual period of
24    prison  time served is determined by the statutes of Illinois
25    as applied to this sentence by  the  Illinois  Department  of
26    Corrections  and the Illinois Prisoner Review Board.  In this
27    case, assuming the defendant receives all of his or her  good
28    conduct credit, the period of estimated actual custody is ...
29    years  and  ...  months,  less  up to 90 days additional good
30    conduct credit for meritorious service.   If  the  defendant,
31    because  of  his  or  her own misconduct or failure to comply
32    with the institutional regulations, does  not  receive  those
33    credits,  the  actual  time  served in prison will be longer.
34    The defendant may also receive  an  additional  one-half  day
 
                            -6-      LRB093 05248 DRH 14919 a
 1    good   conduct  credit  for  each  day  of  participation  in
 2    vocational,  industry,  substance  abuse,   and   educational
 3    programs as provided for by Illinois statute."
 4        When  the  sentence  is  imposed  for one of the offenses
 5    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
 6    first  degree  murder,  and  the  offense was committed on or
 7    after June 19, 1998, and when the  sentence  is  imposed  for
 8    reckless homicide as defined in subsection (e) of Section 9-3
 9    of  the Criminal Code of 1961 if the offense was committed on
10    or after January 1, 1999, and when the  sentence  is  imposed
11    for  aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or  any
13    combination   thereof  as  defined  in  subparagraph  (F)  of
14    paragraph (1) of subsection (d)  of  Section  11-501  of  the
15    Illinois  Vehicle  Code, and when the sentence is imposed for
16    aggravated arson if the offense was committed on or after the
17    effective date of this amendatory Act  of  the  92nd  General
18    Assembly,   the   judge's   statement,   to  be  given  after
19    pronouncing the sentence, shall include the following:
20        "The purpose of this statement is to inform the public of
21    the actual period of time this defendant is likely  to  spend
22    in prison as a result of this sentence.  The actual period of
23    prison  time served is determined by the statutes of Illinois
24    as applied to this sentence by  the  Illinois  Department  of
25    Corrections  and the Illinois Prisoner Review Board.  In this
26    case, the defendant is entitled to no more than 4 1/2 days of
27    good conduct credit for each month of his or her sentence  of
28    imprisonment.   Therefore, this defendant will serve at least
29    85% of his or her sentence.  Assuming the defendant  receives
30    4  1/2 days credit for each month of his or her sentence, the
31    period of estimated actual  custody  is  ...  years  and  ...
32    months.   If  the  defendant,  because  of  his  or  her  own
33    misconduct  or  failure  to  comply  with  the  institutional
34    regulations receives lesser credit, the actual time served in
 
                            -7-      LRB093 05248 DRH 14919 a
 1    prison will be longer."
 2        When  a  sentence  of  imprisonment  is imposed for first
 3    degree murder and the offense was committed on or after  June
 4    19,   1998,   the   judge's  statement,  to  be  given  after
 5    pronouncing the sentence, shall include the following:
 6        "The purpose of this statement is to inform the public of
 7    the actual period of time this defendant is likely  to  spend
 8    in prison as a result of this sentence.  The actual period of
 9    prison  time served is determined by the statutes of Illinois
10    as applied to this sentence by  the  Illinois  Department  of
11    Corrections  and the Illinois Prisoner Review Board.  In this
12    case, the defendant is not entitled to good  conduct  credit.
13    Therefore,  this  defendant  will  serve  100%  of his or her
14    sentence."
15        (d)  When the defendant is committed to the Department of
16    Corrections, the State's Attorney shall and counsel  for  the
17    defendant may file a statement with the clerk of the court to
18    be  transmitted  to  the department, agency or institution to
19    which the defendant is committed to furnish such  department,
20    agency or institution with the facts and circumstances of the
21    offense  for which the person was committed together with all
22    other factual information accessible to them in regard to the
23    person prior  to  his  commitment  relative  to  his  habits,
24    associates,  disposition  and  reputation and any other facts
25    and circumstances which may aid such  department,  agency  or
26    institution  during  its  custody  of such person.  The clerk
27    shall within 10 days  after  receiving  any  such  statements
28    transmit a copy to such department, agency or institution and
29    a copy to the other party, provided, however, that this shall
30    not  be  cause  for  delay  in  conveying  the  person to the
31    department, agency  or  institution  to  which  he  has  been
32    committed.
33        (e)  The  clerk  of  the  court  shall  transmit  to  the
34    department,  agency  or  institution,  if  any,  to which the
 
                            -8-      LRB093 05248 DRH 14919 a
 1    defendant is committed, the following:
 2             (1)  the sentence imposed;
 3             (2)  any statement by the court  of  the  basis  for
 4        imposing the sentence;
 5             (3)  any presentence reports;
 6             (4)  the number of days, if any, which the defendant
 7        has  been  in  custody  and  for  which he is entitled to
 8        credit against the sentence, which information  shall  be
 9        provided to the clerk by the sheriff;
10             (4.1)  any  finding of great bodily harm made by the
11        court with respect to an offense enumerated in subsection
12        (c-1);
13             (5)  all statements filed under  subsection  (d)  of
14        this Section;
15             (6)  any   medical   or  mental  health  records  or
16        summaries of the defendant;
17             (7)  the  municipality  where  the  arrest  of   the
18        offender  or  the commission of the offense has occurred,
19        where such municipality has a  population  of  more  than
20        25,000 persons;
21             (8)  all  statements made and evidence offered under
22        paragraph (7) of subsection (a) of this Section; and
23             (9)  all additional matters which the court  directs
24        the clerk to transmit.
25    (Source:  P.A.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
26    92-176,  eff.   7-27-01;   92-806,   eff.   1-1-03;   revised
27    9-18-02.)."