Full Text of HB0264 100th General Assembly
HB0264 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0264 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 |
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Amends the Unified Code of Corrections. Provides if the defendant has been found guilty by a judge or jury after a trial, the prosecutor shall file with the court at the sentencing hearing a verified written statement signed by the prosecutor setting forth the prosecutor's final offer, if any, of any specified sentence and any charge to be dismissed or not charged in a plea discussion in exchange for a plea of guilty from the defendant and waiver of his or her right to trial. Also provides in any sentence, a defendant shall not be punished by the imposition of a heavier or greater sentence merely because he or she exercises his or her constitutional right to be tried before an impartial judge or jury.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4-1 as follows:
| 6 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 7 | | Sec. 5-4-1. Sentencing Hearing.
| 8 | | (a) Except when the death penalty is
sought under hearing | 9 | | procedures otherwise specified, after a
determination of | 10 | | guilt, a hearing shall be held to impose the sentence.
However, | 11 | | prior to the imposition of sentence on an individual being
| 12 | | sentenced for an offense based upon a charge for a violation of | 13 | | Section
11-501 of the Illinois Vehicle Code or a similar | 14 | | provision of a local
ordinance, the individual must undergo a | 15 | | professional evaluation to
determine if an alcohol or other | 16 | | drug abuse problem exists and the extent
of such a problem. | 17 | | Programs conducting these evaluations shall be
licensed by the | 18 | | Department of Human Services. However, if the individual is
not | 19 | | a resident of Illinois, the court
may, in its discretion, | 20 | | accept an evaluation from a program in the state of
such | 21 | | individual's residence. The court may in its sentencing order | 22 | | approve an
eligible defendant for placement in a Department of | 23 | | Corrections impact
incarceration program as provided in |
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| 1 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 2 | | order recommend a defendant for placement in a Department of | 3 | | Corrections substance abuse treatment program as provided in | 4 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 5 | | upon the defendant being accepted in a program by the | 6 | | Department of Corrections. At the
hearing the court
shall:
| 7 | | (1) consider the evidence, if any, received upon the | 8 | | 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 the | 14 | | parties in
aggravation and mitigation; | 15 | | (4.5) consider substance abuse treatment, eligibility | 16 | | screening, and an assessment, if any, of the defendant by | 17 | | an agent designated by the State of Illinois to provide | 18 | | assessment services for the Illinois courts;
| 19 | | (5) hear arguments as to sentencing alternatives;
| 20 | | (6) afford the defendant the opportunity to make a | 21 | | statement in his
own behalf;
| 22 | | (7) afford the victim of a violent crime or a violation | 23 | | of Section
11-501 of the Illinois Vehicle Code, or a | 24 | | similar provision of a local
ordinance, or a qualified | 25 | | individual affected by: (i) a violation of Section
405, | 26 | | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
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| 1 | | Act or a violation of Section 55 or Section 65 of the | 2 | | Methamphetamine Control and Community Protection Act,
or | 3 | | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | 4 | | except as described in subdivisions (a)(2)(A) and | 5 | | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 7 | | committed by the defendant the opportunity to make a | 8 | | statement
concerning the impact on the victim and to offer | 9 | | evidence in aggravation or
mitigation; provided that the | 10 | | statement and evidence offered in aggravation
or | 11 | | mitigation must first be prepared in writing in conjunction | 12 | | with the
State's Attorney before it may be presented orally | 13 | | at the hearing. Any
sworn testimony offered by the victim | 14 | | is subject to the defendant's right
to cross-examine. All | 15 | | statements and evidence offered under this paragraph
(7) | 16 | | shall become part of the record of the court. For the | 17 | | purpose of this
paragraph (7), "qualified individual" | 18 | | means any person who (i) lived or worked
within the | 19 | | territorial jurisdiction where the offense took place when | 20 | | the
offense took place;
and (ii) is familiar with various | 21 | | public places within the territorial
jurisdiction where
| 22 | | the offense took place when the offense took place. For the | 23 | | purposes of
this paragraph (7), "qualified individual" | 24 | | includes any peace officer,
or any member of any duly | 25 | | organized State, county, or municipal peace unit
assigned | 26 | | to the territorial jurisdiction where the offense took |
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| 1 | | place when the
offense took
place;
| 2 | | (8) in cases of reckless homicide afford the victim's | 3 | | spouse,
guardians, parents or other immediate family | 4 | | members an opportunity to make
oral statements;
| 5 | | (9) in cases involving a felony sex offense as defined | 6 | | under the Sex
Offender
Management Board Act, consider the | 7 | | results of the sex offender evaluation
conducted pursuant | 8 | | to Section 5-3-2 of this Act; and
| 9 | | (10) make a finding of whether a motor vehicle was used | 10 | | in the commission of the offense for which the defendant is | 11 | | being sentenced. | 12 | | (a-5) If the defendant has been found guilty by a judge or | 13 | | jury after a trial, the prosecutor shall file with the court a | 14 | | verified written statement signed by the prosecutor setting | 15 | | forth the prosecutor's final offer, if any, of any specified | 16 | | sentence and any charge to be dismissed or not charged in a | 17 | | plea discussion in exchange for a plea of guilty from the | 18 | | defendant and waiver of his or her right to trial. | 19 | | (b) All sentences shall be imposed by the judge based upon | 20 | | his
independent assessment of the elements specified above and | 21 | | any agreement
as to sentence reached by the parties. In any | 22 | | sentence, a defendant shall not be punished by the imposition | 23 | | of a heavier or greater sentence merely because he or she | 24 | | exercises his or her constitutional right to be tried before an | 25 | | impartial judge or jury. The judge who presided at the
trial or | 26 | | the judge who accepted the plea of guilty shall impose the
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| 1 | | sentence unless he is no longer sitting as a judge in that | 2 | | court. Where
the judge does not impose sentence at the same | 3 | | time on all defendants
who are convicted as a result of being | 4 | | involved in the same offense, the
defendant or the State's | 5 | | Attorney may advise the sentencing court of the
disposition of | 6 | | any other defendants who have been sentenced.
| 7 | | (b-1) In imposing a sentence of imprisonment or periodic | 8 | | imprisonment for a Class 3 or Class 4 felony for which a | 9 | | sentence of probation or conditional discharge is an available | 10 | | sentence, if the defendant has no prior sentence of probation | 11 | | or conditional discharge and no prior conviction for a violent | 12 | | crime, the defendant shall not be sentenced to imprisonment | 13 | | before review and consideration of a presentence report and | 14 | | determination and explanation of why the particular evidence, | 15 | | information, factor in aggravation, factual finding, or other | 16 | | reasons support a sentencing determination that one or more of | 17 | | the factors under subsection (a) of Section 5-6-1 of this Code | 18 | | apply and that probation or conditional discharge is not an | 19 | | appropriate sentence. | 20 | | (c) In imposing a sentence for a violent crime or for an | 21 | | offense of
operating or being in physical control of a vehicle | 22 | | while under the
influence of alcohol, any other drug or any | 23 | | combination thereof, or a
similar provision of a local | 24 | | ordinance, when such offense resulted in the
personal injury to | 25 | | someone other than the defendant, the trial judge shall
specify | 26 | | on the record the particular evidence, information, factors in
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| 1 | | mitigation and aggravation or other reasons that led to his | 2 | | sentencing
determination. The full verbatim record of the | 3 | | sentencing hearing shall be
filed with the clerk of the court | 4 | | and shall be a public record.
| 5 | | (c-1) In imposing a sentence for the offense of aggravated | 6 | | kidnapping for
ransom, home invasion, armed robbery, | 7 | | aggravated vehicular hijacking,
aggravated discharge of a | 8 | | firearm, or armed violence with a category I weapon
or category | 9 | | II weapon,
the trial judge shall make a finding as to whether | 10 | | the conduct leading to
conviction for the offense resulted in | 11 | | great bodily harm to a victim, and
shall enter that finding and | 12 | | the basis for that finding in the record.
| 13 | | (c-2) If the defendant is sentenced to prison, other than | 14 | | when a sentence of
natural life imprisonment or a sentence of | 15 | | death is imposed, at the time
the sentence is imposed the judge | 16 | | shall
state on the record in open court the approximate period | 17 | | of time the defendant
will serve in custody according to the | 18 | | then current statutory rules and
regulations for sentence | 19 | | credit found in Section 3-6-3 and other related
provisions of | 20 | | this Code. This statement is intended solely to inform the
| 21 | | public, has no legal effect on the defendant's actual release, | 22 | | and may not be
relied on by the defendant on appeal.
| 23 | | The judge's statement, to be given after pronouncing the | 24 | | sentence, other than
when the sentence is imposed for one of | 25 | | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | 26 | | shall include the following:
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| 1 | | "The purpose of this statement is to inform the public of | 2 | | the actual period
of time this defendant is likely to spend in | 3 | | prison as a result of this
sentence. The actual period of | 4 | | prison time served is determined by the
statutes of Illinois as | 5 | | applied to this sentence by the Illinois Department of
| 6 | | Corrections and
the Illinois Prisoner Review Board. In this | 7 | | case, assuming the defendant
receives all of his or her | 8 | | sentence credit, the period of estimated actual
custody is ... | 9 | | years and ... months, less up to 180 days additional sentence | 10 | | credit for good conduct. If the defendant, because of his or
| 11 | | her own misconduct or failure to comply with the institutional | 12 | | regulations,
does not receive those credits, the actual time | 13 | | served in prison will be
longer. The defendant may also receive | 14 | | an additional one-half day sentence
credit for each day of | 15 | | participation in vocational, industry, substance abuse,
and | 16 | | educational programs as provided for by Illinois statute."
| 17 | | When the sentence is imposed for one of the offenses | 18 | | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 19 | | when the sentence is imposed for one of the
offenses enumerated | 20 | | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 21 | | 19, 1998, and other than when the sentence is imposed for
| 22 | | reckless homicide as defined in subsection (e) of Section 9-3 | 23 | | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | 24 | | the offense was committed on or after January 1, 1999, and
| 25 | | other than when the sentence is imposed for aggravated arson if | 26 | | the offense was
committed on or after July 27, 2001 (the |
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| 1 | | effective date of Public Act
92-176), and
other than when the | 2 | | sentence is imposed for aggravated driving under the influence | 3 | | of alcohol,
other drug or drugs, or intoxicating compound or | 4 | | compounds, or any combination
thereof as defined in | 5 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 6 | | 11-501 of the Illinois Vehicle Code committed on or after | 7 | | January 1, 2011 (the effective date of Public Act 96-1230), the
| 8 | | judge's statement, to be given after pronouncing the sentence, | 9 | | shall include
the following:
| 10 | | "The purpose of this statement is to inform the public of | 11 | | the actual period
of time this defendant is likely to spend in | 12 | | prison as a result of this
sentence. The actual period of | 13 | | prison time served is determined by the
statutes of Illinois as | 14 | | applied to this sentence by the Illinois Department of
| 15 | | Corrections and the Illinois Prisoner Review Board. In this | 16 | | case,
assuming the defendant
receives all of his or her | 17 | | sentence credit, the period of estimated actual
custody is ... | 18 | | years and ... months, less up to 90 days additional sentence | 19 | | credit for good conduct. If the defendant, because of his or
| 20 | | her own misconduct or failure to comply with the institutional | 21 | | regulations,
does not receive those credits, the actual time | 22 | | served in prison will be
longer. The defendant may also receive | 23 | | an additional one-half day sentence
credit for each day of | 24 | | participation in vocational, industry, substance abuse,
and | 25 | | educational programs as provided for by Illinois statute."
| 26 | | When the sentence is imposed for one of the offenses |
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| 1 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 2 | | first degree murder, and the offense was
committed on or after | 3 | | June 19, 1998, and when the sentence is imposed for
reckless | 4 | | homicide as defined in subsection (e) of Section 9-3 of the | 5 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 6 | | offense was committed on or after January 1, 1999,
and when the | 7 | | sentence is imposed for aggravated driving under the influence
| 8 | | of alcohol, other drug or drugs, or intoxicating compound or | 9 | | compounds, or
any combination thereof as defined in | 10 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 11 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 12 | | imposed for aggravated arson if the offense was committed
on or | 13 | | after July 27, 2001 (the effective date of Public Act 92-176), | 14 | | and when
the sentence is imposed for aggravated driving under | 15 | | the influence of alcohol,
other drug or drugs, or intoxicating | 16 | | compound or compounds, or any combination
thereof as defined in | 17 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 18 | | 11-501 of the Illinois Vehicle Code committed on or after | 19 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 20 | | judge's
statement, to be given after pronouncing the sentence, | 21 | | shall include the
following:
| 22 | | "The purpose of this statement is to inform the public of | 23 | | the actual period
of time this defendant is likely to spend in | 24 | | prison as a result of this
sentence. The actual period of | 25 | | prison time served is determined by the
statutes of Illinois as | 26 | | applied to this sentence by the Illinois Department of
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| 1 | | Corrections and
the Illinois Prisoner Review Board. In this | 2 | | case,
the defendant is entitled to no more than 4 1/2 days of | 3 | | sentence credit for
each month of his or her sentence of | 4 | | imprisonment. Therefore, this defendant
will serve at least 85% | 5 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 6 | | days credit for each month of his or her sentence, the period
| 7 | | of estimated actual custody is ... years and ... months. If the | 8 | | defendant,
because of his or her own misconduct or failure to | 9 | | comply with the
institutional regulations receives lesser | 10 | | credit, the actual time served in
prison will be longer."
| 11 | | When a sentence of imprisonment is imposed for first degree | 12 | | murder and
the offense was committed on or after June 19, 1998, | 13 | | the judge's statement,
to be given after pronouncing the | 14 | | sentence, shall include the following:
| 15 | | "The purpose of this statement is to inform the public of | 16 | | the actual period
of time this defendant is likely to spend in | 17 | | prison as a result of this
sentence. The actual period of | 18 | | prison time served is determined by the
statutes of Illinois as | 19 | | applied to this sentence by the Illinois Department
of | 20 | | Corrections and the Illinois Prisoner Review Board. In this | 21 | | case, the
defendant is not entitled to sentence credit. | 22 | | Therefore, this defendant
will serve 100% of his or her | 23 | | sentence."
| 24 | | When the sentencing order recommends placement in a | 25 | | substance abuse program for any offense that results in | 26 | | incarceration
in a Department of Corrections facility and the |
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| 1 | | crime was
committed on or after September 1, 2003 (the | 2 | | effective date of Public Act
93-354), the judge's
statement, in | 3 | | addition to any other judge's statement required under this
| 4 | | Section, to be given after pronouncing the sentence, shall | 5 | | 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 in
| 8 | | prison as a result of this sentence. The actual period of
| 9 | | prison time served is determined by the statutes of Illinois as
| 10 | | applied to this sentence by the Illinois Department of
| 11 | | Corrections and the Illinois Prisoner Review Board. In this
| 12 | | case, the defendant shall receive no sentence credit for good | 13 | | conduct under clause (3) of subsection (a) of Section 3-6-3 | 14 | | until he or
she participates in and completes a substance abuse | 15 | | treatment program or receives a waiver from the Director of | 16 | | Corrections pursuant to clause (4.5) of subsection (a) of | 17 | | Section 3-6-3."
| 18 | | (c-4) Before the sentencing hearing and as part of the | 19 | | presentence investigation under Section 5-3-1, the court shall | 20 | | inquire of the defendant whether the defendant is currently | 21 | | serving in or is a veteran of the Armed Forces of the United | 22 | | States.
If the defendant is currently serving in the Armed | 23 | | Forces of the United States or is a veteran of the Armed Forces | 24 | | of the United States and has been diagnosed as having a mental | 25 | | illness by a qualified psychiatrist or clinical psychologist or | 26 | | physician, the court may: |
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| 1 | | (1) order that the officer preparing the presentence | 2 | | report consult with the United States Department of | 3 | | Veterans Affairs, Illinois Department of Veterans' | 4 | | Affairs, or another agency or person with suitable | 5 | | knowledge or experience for the purpose of providing the | 6 | | court with information regarding treatment options | 7 | | available to the defendant, including federal, State, and | 8 | | local programming; and | 9 | | (2) consider the treatment recommendations of any | 10 | | diagnosing or treating mental health professionals | 11 | | together with the treatment options available to the | 12 | | defendant in imposing sentence. | 13 | | For the purposes of this subsection (c-4), "qualified | 14 | | psychiatrist" means a reputable physician licensed in Illinois | 15 | | to practice medicine in all its branches, who has specialized | 16 | | in the diagnosis and treatment of mental and nervous disorders | 17 | | for a period of not less than 5 years. | 18 | | (c-6) In imposing a sentence, the trial judge shall | 19 | | specify, on the record, the particular evidence and other | 20 | | reasons which led to his or her determination that a motor | 21 | | vehicle was used in the commission of the offense. | 22 | | (d) When the defendant is committed to the Department of
| 23 | | Corrections, the State's Attorney shall and counsel for the | 24 | | defendant
may file a statement with the clerk of the court to | 25 | | be transmitted to
the department, agency or institution to | 26 | | which the defendant is
committed to furnish such department, |
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| 1 | | agency or institution with the
facts and circumstances of the | 2 | | offense for which the person was
committed together with all | 3 | | other factual information accessible to them
in regard to the | 4 | | person prior to his commitment relative to his habits,
| 5 | | associates, disposition and reputation and any other facts and
| 6 | | circumstances which may aid such department, agency or | 7 | | institution
during its custody of such person. The clerk shall | 8 | | within 10 days after
receiving any such statements transmit a | 9 | | copy to such department, agency
or institution and a copy to | 10 | | the other party, provided, however, that
this shall not be | 11 | | cause for delay in conveying the person to the
department, | 12 | | agency or institution to which he has been committed.
| 13 | | (e) The clerk of the court shall transmit to the | 14 | | department,
agency or institution, if any, to which the | 15 | | defendant is committed, the
following:
| 16 | | (1) the sentence imposed;
| 17 | | (2) any statement by the court of the basis for | 18 | | imposing the sentence;
| 19 | | (3) any presentence reports;
| 20 | | (3.5) any sex offender evaluations;
| 21 | | (3.6) any substance abuse treatment eligibility | 22 | | screening and assessment of the defendant by an agent | 23 | | designated by the State of Illinois to provide assessment | 24 | | services for the Illinois courts;
| 25 | | (4) the number of days, if any, which the defendant has | 26 | | been in
custody and for which he is entitled to credit |
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| 1 | | against the sentence,
which information shall be provided | 2 | | to the clerk by the sheriff;
| 3 | | (4.1) any finding of great bodily harm made by the | 4 | | court with respect
to an offense enumerated in subsection | 5 | | (c-1);
| 6 | | (5) all statements filed under subsection (d) of this | 7 | | Section;
| 8 | | (6) any medical or mental health records or summaries | 9 | | of the defendant;
| 10 | | (7) the municipality where the arrest of the offender | 11 | | or the commission
of the offense has occurred, where such | 12 | | municipality has a population of
more than 25,000 persons;
| 13 | | (8) all statements made and evidence offered under | 14 | | paragraph (7) of
subsection (a) of this Section; and
| 15 | | (9) all additional matters which the court directs the | 16 | | clerk to
transmit.
| 17 | | (f) In cases in which the court finds that a motor vehicle | 18 | | was used in the commission of the offense for which the | 19 | | defendant is being sentenced, the clerk of the court shall, | 20 | | within 5 days thereafter, forward a report of such conviction | 21 | | to the Secretary of State. | 22 | | (Source: P.A. 99-861, eff. 1-1-17 .)
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