Full Text of HB1587 101st General Assembly
HB1587 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1587 Introduced , by Rep. Sonya M. Harper 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 that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment, probation, or conditional discharge than the minimum sentence of imprisonment, probation, or conditional discharge provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence or probation or conditional discharge requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. Provides that an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge.
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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, the opportunity to | 25 | | present an oral or written statement, as guaranteed by | 26 | | Article I, Section 8.1 of the Illinois Constitution and |
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| 1 | | provided in Section 6 of the Rights of Crime Victims and | 2 | | Witnesses Act. The court shall allow a victim to make an | 3 | | oral statement if the victim is present in the courtroom | 4 | | and requests to make an oral or written statement. An oral | 5 | | or written statement includes the victim or a | 6 | | representative of the victim reading the written | 7 | | statement. The court may allow persons impacted by the | 8 | | crime who are not victims under subsection (a) of Section 3 | 9 | | of the Rights of Crime Victims and Witnesses Act to present | 10 | | an oral or written statement. A victim and any person | 11 | | making an oral statement shall not be put under oath or | 12 | | subject to cross-examination. All statements offered under | 13 | | this paragraph
(7) shall become part of the record of the | 14 | | court. In this
paragraph (7), "victim of a violent crime" | 15 | | means a person who is a victim of a violent crime for which | 16 | | the defendant has been convicted after a bench or jury | 17 | | trial or a person who is the victim of a violent crime with | 18 | | which the defendant was charged and the defendant has been | 19 | | convicted under a plea agreement of a crime that is not a | 20 | | violent crime as defined in subsection (c) of 3 of the | 21 | | Rights of Crime Victims and Witnesses Act; | 22 | | (7.5) afford a qualified person affected by: (i) a | 23 | | violation of Section 405, 405.1, 405.2, or 407 of the | 24 | | Illinois Controlled Substances Act or a violation of | 25 | | Section 55 or Section 65 of the Methamphetamine Control and | 26 | | Community Protection Act; or (ii) a Class 4 felony |
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| 1 | | violation of Section 11-14, 11-14.3 except as described in | 2 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | 3 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, committed by the defendant the | 5 | | opportunity to make a statement concerning the impact on | 6 | | the qualified person and to offer evidence in aggravation | 7 | | or mitigation; provided that the statement and evidence | 8 | | offered in aggravation or mitigation shall first be | 9 | | prepared in writing in conjunction with the State's | 10 | | Attorney before it may be presented orally at the hearing. | 11 | | Sworn testimony offered by the qualified person is subject | 12 | | to the defendant's right to cross-examine. All statements | 13 | | and evidence offered under this paragraph (7.5) shall | 14 | | become part of the record of the court. In this paragraph | 15 | | (7.5), "qualified person" means any person who: (i) lived | 16 | | or worked within the territorial jurisdiction where the | 17 | | offense took place when the offense took place; or (ii) is | 18 | | familiar with various public places within the territorial | 19 | | jurisdiction where the offense took place when the offense | 20 | | took place. "Qualified person " includes any peace officer | 21 | | or any member of any duly organized State, county, or | 22 | | municipal peace officer unit assigned to the territorial | 23 | | jurisdiction where the offense took place when the offense | 24 | | took place;
| 25 | | (8) in cases of reckless homicide afford the victim's | 26 | | spouse,
guardians, parents or other immediate family |
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| 1 | | members an opportunity to make
oral statements;
| 2 | | (9) in cases involving a felony sex offense as defined | 3 | | under the Sex
Offender
Management Board Act, consider the | 4 | | results of the sex offender evaluation
conducted pursuant | 5 | | to Section 5-3-2 of this Act; and
| 6 | | (10) make a finding of whether a motor vehicle was used | 7 | | in the commission of the offense for which the defendant is | 8 | | being sentenced. | 9 | | (b) All sentences shall be imposed by the judge based upon | 10 | | his
independent assessment of the elements specified above and | 11 | | any agreement
as to sentence reached by the parties. The judge | 12 | | who presided at the
trial or the judge who accepted the plea of | 13 | | guilty shall impose the
sentence unless he is no longer sitting | 14 | | as a judge in that court. Where
the judge does not impose | 15 | | sentence at the same time on all defendants
who are convicted | 16 | | as a result of being involved in the same offense, the
| 17 | | defendant or the State's Attorney may advise the sentencing | 18 | | court of the
disposition of any other defendants who have been | 19 | | sentenced.
| 20 | | (b-1) In imposing a sentence of imprisonment or periodic | 21 | | imprisonment for a Class 3 or Class 4 felony for which a | 22 | | sentence of probation or conditional discharge is an available | 23 | | sentence, if the defendant has no prior sentence of probation | 24 | | or conditional discharge and no prior conviction for a violent | 25 | | crime, the defendant shall not be sentenced to imprisonment | 26 | | before review and consideration of a presentence report and |
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| 1 | | determination and explanation of why the particular evidence, | 2 | | information, factor in aggravation, factual finding, or other | 3 | | reasons support a sentencing determination that one or more of | 4 | | the factors under subsection (a) of Section 5-6-1 of this Code | 5 | | apply and that probation or conditional discharge is not an | 6 | | appropriate sentence. | 7 | | (c) In imposing a sentence for a violent crime or for an | 8 | | offense of
operating or being in physical control of a vehicle | 9 | | while under the
influence of alcohol, any other drug or any | 10 | | combination thereof, or a
similar provision of a local | 11 | | ordinance, when such offense resulted in the
personal injury to | 12 | | someone other than the defendant, the trial judge shall
specify | 13 | | on the record the particular evidence, information, factors in
| 14 | | mitigation and aggravation or other reasons that led to his | 15 | | sentencing
determination. The full verbatim record of the | 16 | | sentencing hearing shall be
filed with the clerk of the court | 17 | | and shall be a public record.
| 18 | | (c-1) In imposing a sentence for the offense of aggravated | 19 | | kidnapping for
ransom, home invasion, armed robbery, | 20 | | aggravated vehicular hijacking,
aggravated discharge of a | 21 | | firearm, or armed violence with a category I weapon
or category | 22 | | II weapon,
the trial judge shall make a finding as to whether | 23 | | the conduct leading to
conviction for the offense resulted in | 24 | | great bodily harm to a victim, and
shall enter that finding and | 25 | | the basis for that finding in the record.
| 26 | | (c-1.5) Notwithstanding any other provision of law to the |
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| 1 | | contrary, in imposing a sentence for an offense that requires a | 2 | | mandatory minimum sentence of imprisonment or probation or | 3 | | conditional discharge of 2 years or more, the court may | 4 | | sentence the offender to probation or conditional discharge or | 5 | | other non-imprisonment sentence it deems appropriate instead | 6 | | of to a sentence of imprisonment or to a lesser sentence of | 7 | | imprisonment, probation, or conditional discharge than the | 8 | | minimum sentence of imprisonment, probation, or conditional | 9 | | discharge provided for the offense if the court finds that the | 10 | | defendant does not pose a risk to public safety and the | 11 | | interest of justice requires the non-imposition of the | 12 | | mandatory sentence of imprisonment or a lesser sentence of | 13 | | imprisonment, probation, or conditional discharge. The court | 14 | | must state on the record its reasons for not imposing the | 15 | | minimum sentence of imprisonment or a lesser sentence of | 16 | | imprisonment, probation, or conditional discharge. If the | 17 | | defendant has been charged with an offense involving the use, | 18 | | possession, or discharge of a firearm, the court may not | 19 | | deviate from a mandatory minimum sentence or probation or | 20 | | conditional discharge requirement, unless it is the | 21 | | recommendation of a presentence investigation and there is | 22 | | clear articulable evidence that the defendant is not a threat | 23 | | to the public safety. This must be fully stated by the court | 24 | | into the record at the time of sentencing. An offender | 25 | | convicted of a sex offense under Article 11 of the Criminal | 26 | | Code of 2012 or an offense involving the infliction of great |
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| 1 | | bodily harm may not be sentenced to a lesser term of | 2 | | imprisonment, probation, or conditional discharge under this | 3 | | subsection (c-1.5). | 4 | | (c-2) If the defendant is sentenced to prison, other than | 5 | | when a sentence of
natural life imprisonment or a sentence of | 6 | | death is imposed, at the time
the sentence is imposed the judge | 7 | | shall
state on the record in open court the approximate period | 8 | | of time the defendant
will serve in custody according to the | 9 | | then current statutory rules and
regulations for sentence | 10 | | credit found in Section 3-6-3 and other related
provisions of | 11 | | this Code. This statement is intended solely to inform the
| 12 | | public, has no legal effect on the defendant's actual release, | 13 | | and may not be
relied on by the defendant on appeal.
| 14 | | The judge's statement, to be given after pronouncing the | 15 | | sentence, other than
when the sentence is imposed for one of | 16 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | 17 | | shall include the following:
| 18 | | "The purpose of this statement is to inform the public of | 19 | | the actual period
of time this defendant is likely to spend in | 20 | | prison as a result of this
sentence. The actual period of | 21 | | prison time served is determined by the
statutes of Illinois as | 22 | | applied to this sentence by the Illinois Department of
| 23 | | Corrections and
the Illinois Prisoner Review Board. In this | 24 | | case, assuming the defendant
receives all of his or her | 25 | | sentence credit, the period of estimated actual
custody is ... | 26 | | years and ... months, less up to 180 days additional earned |
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| 1 | | sentence credit. If the defendant, because of his or
her own | 2 | | misconduct or failure to comply with the institutional | 3 | | regulations,
does not receive those credits, the actual time | 4 | | served in prison will be
longer. The defendant may also receive | 5 | | an additional one-half day sentence
credit for each day of | 6 | | participation in vocational, industry, substance abuse,
and | 7 | | educational programs as provided for by Illinois statute."
| 8 | | When the sentence is imposed for one of the offenses | 9 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 10 | | first degree murder, and the offense was
committed on or after | 11 | | June 19, 1998, and when the sentence is imposed for
reckless | 12 | | homicide as defined in subsection (e) of Section 9-3 of the | 13 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 14 | | offense was committed on or after January 1, 1999,
and when the | 15 | | sentence is imposed for aggravated driving under the influence
| 16 | | of alcohol, other drug or drugs, or intoxicating compound or | 17 | | compounds, or
any combination thereof as defined in | 18 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 19 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 20 | | imposed for aggravated arson if the offense was committed
on or | 21 | | after July 27, 2001 (the effective date of Public Act 92-176), | 22 | | and when
the sentence is imposed for aggravated driving under | 23 | | the influence of alcohol,
other drug or drugs, or intoxicating | 24 | | compound or compounds, or any combination
thereof as defined in | 25 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 26 | | 11-501 of the Illinois Vehicle Code committed on or after |
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| 1 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 2 | | judge's
statement, to be given after pronouncing the sentence, | 3 | | shall include the
following:
| 4 | | "The purpose of this statement is to inform the public of | 5 | | the actual period
of time this defendant is likely to spend in | 6 | | prison as a result of this
sentence. The actual period of | 7 | | prison time served is determined by the
statutes of Illinois as | 8 | | applied to this sentence by the Illinois Department of
| 9 | | Corrections and
the Illinois Prisoner Review Board. In this | 10 | | case,
the defendant is entitled to no more than 4 1/2 days of | 11 | | sentence credit for
each month of his or her sentence of | 12 | | imprisonment. Therefore, this defendant
will serve at least 85% | 13 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 14 | | days credit for each month of his or her sentence, the period
| 15 | | of estimated actual custody is ... years and ... months. If the | 16 | | defendant,
because of his or her own misconduct or failure to | 17 | | comply with the
institutional regulations receives lesser | 18 | | credit, the actual time served in
prison will be longer."
| 19 | | When a sentence of imprisonment is imposed for first degree | 20 | | murder and
the offense was committed on or after June 19, 1998, | 21 | | the judge's statement,
to be given after pronouncing the | 22 | | sentence, shall include the following:
| 23 | | "The purpose of this statement is to inform the public of | 24 | | the actual period
of time this defendant is likely to spend in | 25 | | prison as a result of this
sentence. The actual period of | 26 | | prison time served is determined by the
statutes of Illinois as |
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| 1 | | applied to this sentence by the Illinois Department
of | 2 | | Corrections and the Illinois Prisoner Review Board. In this | 3 | | case, the
defendant is not entitled to sentence credit. | 4 | | Therefore, this defendant
will serve 100% of his or her | 5 | | sentence."
| 6 | | When the sentencing order recommends placement in a | 7 | | substance abuse program for any offense that results in | 8 | | incarceration
in a Department of Corrections facility and the | 9 | | crime was
committed on or after September 1, 2003 (the | 10 | | effective date of Public Act
93-354), the judge's
statement, in | 11 | | addition to any other judge's statement required under this
| 12 | | Section, to be given after pronouncing the sentence, shall | 13 | | include the
following:
| 14 | | "The purpose of this statement is to inform the public of
| 15 | | the actual period of time this defendant is likely to spend in
| 16 | | prison as a result of this sentence. The actual period of
| 17 | | prison time served is determined by the statutes of Illinois as
| 18 | | applied to this sentence by the Illinois Department of
| 19 | | Corrections and the Illinois Prisoner Review Board. In this
| 20 | | case, the defendant shall receive no earned sentence credit | 21 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
| 22 | | she participates in and completes a substance abuse treatment | 23 | | program or receives a waiver from the Director of Corrections | 24 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| 25 | | (c-4) Before the sentencing hearing and as part of the | 26 | | presentence investigation under Section 5-3-1, the court shall |
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| 1 | | inquire of the defendant whether the defendant is currently | 2 | | serving in or is a veteran of the Armed Forces of the United | 3 | | States.
If the defendant is currently serving in the Armed | 4 | | Forces of the United States or is a veteran of the Armed Forces | 5 | | of the United States and has been diagnosed as having a mental | 6 | | illness by a qualified psychiatrist or clinical psychologist or | 7 | | physician, the court may: | 8 | | (1) order that the officer preparing the presentence | 9 | | report consult with the United States Department of | 10 | | Veterans Affairs, Illinois Department of Veterans' | 11 | | Affairs, or another agency or person with suitable | 12 | | knowledge or experience for the purpose of providing the | 13 | | court with information regarding treatment options | 14 | | available to the defendant, including federal, State, and | 15 | | local programming; and | 16 | | (2) consider the treatment recommendations of any | 17 | | diagnosing or treating mental health professionals | 18 | | together with the treatment options available to the | 19 | | defendant in imposing sentence. | 20 | | For the purposes of this subsection (c-4), "qualified | 21 | | psychiatrist" means a reputable physician licensed in Illinois | 22 | | to practice medicine in all its branches, who has specialized | 23 | | in the diagnosis and treatment of mental and nervous disorders | 24 | | for a period of not less than 5 years. | 25 | | (c-6) In imposing a sentence, the trial judge shall | 26 | | specify, on the record, the particular evidence and other |
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| 1 | | reasons which led to his or her determination that a motor | 2 | | vehicle was used in the commission of the offense. | 3 | | (d) When the defendant is committed to the Department of
| 4 | | Corrections, the State's Attorney shall and counsel for the | 5 | | defendant
may file a statement with the clerk of the court to | 6 | | be transmitted to
the department, agency or institution to | 7 | | which the defendant is
committed to furnish such department, | 8 | | agency or institution with the
facts and circumstances of the | 9 | | offense for which the person was
committed together with all | 10 | | other factual information accessible to them
in regard to the | 11 | | person prior to his commitment relative to his habits,
| 12 | | associates, disposition and reputation and any other facts and
| 13 | | circumstances which may aid such department, agency or | 14 | | institution
during its custody of such person. The clerk shall | 15 | | within 10 days after
receiving any such statements transmit a | 16 | | copy to such department, agency
or institution and a copy to | 17 | | the other party, provided, however, that
this shall not be | 18 | | cause for delay in conveying the person to the
department, | 19 | | agency or institution to which he has been committed.
| 20 | | (e) The clerk of the court shall transmit to the | 21 | | department,
agency or institution, if any, to which the | 22 | | defendant is committed, the
following:
| 23 | | (1) the sentence imposed;
| 24 | | (2) any statement by the court of the basis for | 25 | | imposing the sentence;
| 26 | | (3) any presentence reports;
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| 1 | | (3.5) any sex offender evaluations;
| 2 | | (3.6) any substance abuse treatment eligibility | 3 | | screening and assessment of the defendant by an agent | 4 | | designated by the State of Illinois to provide assessment | 5 | | services for the Illinois courts;
| 6 | | (4) the number of days, if any, which the defendant has | 7 | | been in
custody and for which he is entitled to credit | 8 | | against the sentence,
which information shall be provided | 9 | | 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 this | 14 | | Section;
| 15 | | (6) any medical or mental health records or summaries | 16 | | of the defendant;
| 17 | | (7) the municipality where the arrest of the offender | 18 | | or the commission
of the offense has occurred, where such | 19 | | municipality has a population of
more than 25,000 persons;
| 20 | | (8) all statements made and evidence offered under | 21 | | paragraph (7) of
subsection (a) of this Section; and
| 22 | | (9) all additional matters which the court directs the | 23 | | clerk to
transmit.
| 24 | | (f) In cases in which the court finds that a motor vehicle | 25 | | was used in the commission of the offense for which the | 26 | | defendant is being sentenced, the clerk of the court shall, |
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| 1 | | within 5 days thereafter, forward a report of such conviction | 2 | | to the Secretary of State. | 3 | | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | 4 | | 100-961, eff. 1-1-19; revised 10-3-18.)
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