Full Text of HB1587 101st General Assembly
HB1587ham001 101ST GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 3/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1587
| 2 | | AMENDMENT NO. ______. Amend House Bill 1587 by replacing | 3 | | everything after the enacting clause with the following:
| 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. |
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| 1 | | Programs conducting these evaluations shall be
licensed by the | 2 | | Department of Human Services. However, if the individual is
not | 3 | | a resident of Illinois, the court
may, in its discretion, | 4 | | accept an evaluation from a program in the state of
such | 5 | | individual's residence. The court may in its sentencing order | 6 | | approve an
eligible defendant for placement in a Department of | 7 | | Corrections impact
incarceration program as provided in | 8 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 9 | | order recommend a defendant for placement in a Department of | 10 | | Corrections substance abuse treatment program as provided in | 11 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 12 | | upon the defendant being accepted in a program by the | 13 | | Department of Corrections. At the
hearing the court
shall:
| 14 | | (1) consider the evidence, if any, received upon the | 15 | | trial;
| 16 | | (2) consider any presentence reports;
| 17 | | (3) consider the financial impact of incarceration | 18 | | based on the
financial impact statement filed with the | 19 | | clerk of the court by the
Department of Corrections;
| 20 | | (4) consider evidence and information offered by the | 21 | | parties in
aggravation and mitigation; | 22 | | (4.5) consider substance abuse treatment, eligibility | 23 | | screening, and an assessment, if any, of the defendant by | 24 | | an agent designated by the State of Illinois to provide | 25 | | assessment services for the Illinois courts;
| 26 | | (5) hear arguments as to sentencing alternatives;
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| 1 | | (6) afford the defendant the opportunity to make a | 2 | | statement in his
own behalf;
| 3 | | (7) afford the victim of a violent crime or a violation | 4 | | of Section
11-501 of the Illinois Vehicle Code, or a | 5 | | similar provision of a local
ordinance, the opportunity to | 6 | | present an oral or written statement, as guaranteed by | 7 | | Article I, Section 8.1 of the Illinois Constitution and | 8 | | provided in Section 6 of the Rights of Crime Victims and | 9 | | Witnesses Act. The court shall allow a victim to make an | 10 | | oral statement if the victim is present in the courtroom | 11 | | and requests to make an oral or written statement. An oral | 12 | | or written statement includes the victim or a | 13 | | representative of the victim reading the written | 14 | | statement. The court may allow persons impacted by the | 15 | | crime who are not victims under subsection (a) of Section 3 | 16 | | of the Rights of Crime Victims and Witnesses Act to present | 17 | | an oral or written statement. A victim and any person | 18 | | making an oral statement shall not be put under oath or | 19 | | subject to cross-examination. All statements offered under | 20 | | this paragraph
(7) shall become part of the record of the | 21 | | court. In this
paragraph (7), "victim of a violent crime" | 22 | | means a person who is a victim of a violent crime for which | 23 | | the defendant has been convicted after a bench or jury | 24 | | trial or a person who is the victim of a violent crime with | 25 | | which the defendant was charged and the defendant has been | 26 | | convicted under a plea agreement of a crime that is not a |
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| 1 | | violent crime as defined in subsection (c) of 3 of the | 2 | | Rights of Crime Victims and Witnesses Act; | 3 | | (7.5) afford a qualified person affected by: (i) a | 4 | | violation of Section 405, 405.1, 405.2, or 407 of the | 5 | | Illinois Controlled Substances Act or a violation of | 6 | | Section 55 or Section 65 of the Methamphetamine Control and | 7 | | Community Protection Act; or (ii) a Class 4 felony | 8 | | violation of Section 11-14, 11-14.3 except as described in | 9 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | 10 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, committed by the defendant the | 12 | | opportunity to make a statement concerning the impact on | 13 | | the qualified person and to offer evidence in aggravation | 14 | | or mitigation; provided that the statement and evidence | 15 | | offered in aggravation or mitigation shall first be | 16 | | prepared in writing in conjunction with the State's | 17 | | Attorney before it may be presented orally at the hearing. | 18 | | Sworn testimony offered by the qualified person is subject | 19 | | to the defendant's right to cross-examine. All statements | 20 | | and evidence offered under this paragraph (7.5) shall | 21 | | become part of the record of the court. In this paragraph | 22 | | (7.5), "qualified person" means any person who: (i) lived | 23 | | or worked within the territorial jurisdiction where the | 24 | | offense took place when the offense took place; or (ii) is | 25 | | familiar with various public places within the territorial | 26 | | jurisdiction where the offense took place when the offense |
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| 1 | | took place. "Qualified person " includes any peace officer | 2 | | or any member of any duly organized State, county, or | 3 | | municipal peace officer unit assigned to the territorial | 4 | | jurisdiction where the offense took place when the offense | 5 | | took place;
| 6 | | (8) in cases of reckless homicide afford the victim's | 7 | | spouse,
guardians, parents or other immediate family | 8 | | members an opportunity to make
oral statements;
| 9 | | (9) in cases involving a felony sex offense as defined | 10 | | under the Sex
Offender
Management Board Act, consider the | 11 | | results of the sex offender evaluation
conducted pursuant | 12 | | to Section 5-3-2 of this Act; and
| 13 | | (10) make a finding of whether a motor vehicle was used | 14 | | in the commission of the offense for which the defendant is | 15 | | being sentenced. | 16 | | (b) All sentences shall be imposed by the judge based upon | 17 | | his
independent assessment of the elements specified above and | 18 | | any agreement
as to sentence reached by the parties. The judge | 19 | | who presided at the
trial or the judge who accepted the plea of | 20 | | guilty shall impose the
sentence unless he is no longer sitting | 21 | | as a judge in that court. Where
the judge does not impose | 22 | | sentence at the same time on all defendants
who are convicted | 23 | | as a result of being involved in the same offense, the
| 24 | | defendant or the State's Attorney may advise the sentencing | 25 | | court of the
disposition of any other defendants who have been | 26 | | sentenced.
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| 1 | | (b-1) In imposing a sentence of imprisonment or periodic | 2 | | imprisonment for a Class 3 or Class 4 felony for which a | 3 | | sentence of probation or conditional discharge is an available | 4 | | sentence, if the defendant has no prior sentence of probation | 5 | | or conditional discharge and no prior conviction for a violent | 6 | | crime, the defendant shall not be sentenced to imprisonment | 7 | | before review and consideration of a presentence report and | 8 | | determination and explanation of why the particular evidence, | 9 | | information, factor in aggravation, factual finding, or other | 10 | | reasons support a sentencing determination that one or more of | 11 | | the factors under subsection (a) of Section 5-6-1 of this Code | 12 | | apply and that probation or conditional discharge is not an | 13 | | appropriate sentence. | 14 | | (c) In imposing a sentence for a violent crime or for an | 15 | | offense of
operating or being in physical control of a vehicle | 16 | | while under the
influence of alcohol, any other drug or any | 17 | | combination thereof, or a
similar provision of a local | 18 | | ordinance, when such offense resulted in the
personal injury to | 19 | | someone other than the defendant, the trial judge shall
specify | 20 | | on the record the particular evidence, information, factors in
| 21 | | mitigation and aggravation or other reasons that led to his | 22 | | sentencing
determination. The full verbatim record of the | 23 | | sentencing hearing shall be
filed with the clerk of the court | 24 | | and shall be a public record.
| 25 | | (c-1) In imposing a sentence for the offense of aggravated | 26 | | kidnapping for
ransom, home invasion, armed robbery, |
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| 1 | | aggravated vehicular hijacking,
aggravated discharge of a | 2 | | firearm, or armed violence with a category I weapon
or category | 3 | | II weapon,
the trial judge shall make a finding as to whether | 4 | | the conduct leading to
conviction for the offense resulted in | 5 | | great bodily harm to a victim, and
shall enter that finding and | 6 | | the basis for that finding in the record.
| 7 | | (c-1.5) Notwithstanding any other provision of law to the | 8 | | contrary, in imposing a sentence for an offense that requires a | 9 | | mandatory minimum sentence of imprisonment or probation or | 10 | | conditional discharge of 2 years or more, the court may instead | 11 | | sentence the offender to a lesser term of imprisonment, | 12 | | probation, or conditional discharge it deems appropriate if the | 13 | | court finds that the defendant does not pose a risk to public | 14 | | safety and the interest of justice requires the non-imposition | 15 | | of the mandatory sentence of imprisonment or a lesser sentence | 16 | | of imprisonment, probation, or conditional discharge. The | 17 | | court must state on the record its reasons for not imposing the | 18 | | minimum sentence of imprisonment or a lesser sentence of | 19 | | imprisonment, probation, or conditional discharge. If the | 20 | | defendant has been charged with an offense involving the use, | 21 | | possession, or discharge of a firearm, the court may not | 22 | | deviate from a mandatory minimum sentence or probation or | 23 | | conditional discharge requirement, unless it is the | 24 | | recommendation of a presentence investigation and there is | 25 | | clear articulable evidence that the defendant is not a threat | 26 | | to the public safety. This must be fully stated by the court |
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| 1 | | into the record at the time of sentencing. An offender | 2 | | convicted of a crime of violence as defined in Section 2 of the | 3 | | Crime Victims Compensation Act may not be sentenced to a lesser | 4 | | term of imprisonment, probation, or conditional discharge | 5 | | under this subsection (c-1.5). | 6 | | (c-2) If the defendant is sentenced to prison, other than | 7 | | when a sentence of
natural life imprisonment or a sentence of | 8 | | death is imposed, at the time
the sentence is imposed the judge | 9 | | shall
state on the record in open court the approximate period | 10 | | of time the defendant
will serve in custody according to the | 11 | | then current statutory rules and
regulations for sentence | 12 | | credit found in Section 3-6-3 and other related
provisions of | 13 | | this Code. This statement is intended solely to inform the
| 14 | | public, has no legal effect on the defendant's actual release, | 15 | | and may not be
relied on by the defendant on appeal.
| 16 | | The judge's statement, to be given after pronouncing the | 17 | | sentence, other than
when the sentence is imposed for one of | 18 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | 19 | | 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 in | 22 | | prison as a result of this
sentence. The actual period of | 23 | | prison time served is determined by the
statutes of Illinois as | 24 | | applied to this sentence by the Illinois Department of
| 25 | | Corrections and
the Illinois Prisoner Review Board. In this | 26 | | case, assuming the defendant
receives all of his or her |
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| 1 | | sentence credit, the period of estimated actual
custody is ... | 2 | | years and ... months, less up to 180 days additional earned | 3 | | sentence credit. If the defendant, because of his or
her own | 4 | | misconduct or failure to comply with the institutional | 5 | | regulations,
does not receive those credits, the actual time | 6 | | served in prison will be
longer. The defendant may also receive | 7 | | an additional one-half day sentence
credit for each day of | 8 | | participation in vocational, industry, substance abuse,
and | 9 | | educational programs as provided for by Illinois statute."
| 10 | | When the sentence is imposed for one of the offenses | 11 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 12 | | first degree murder, and the offense was
committed on or after | 13 | | June 19, 1998, and when the sentence is imposed for
reckless | 14 | | homicide as defined in subsection (e) of Section 9-3 of the | 15 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 16 | | offense was committed on or after January 1, 1999,
and when the | 17 | | sentence is imposed for aggravated driving under the influence
| 18 | | of alcohol, other drug or drugs, or intoxicating compound or | 19 | | compounds, or
any combination thereof as defined in | 20 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 21 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 22 | | imposed for aggravated arson if the offense was committed
on or | 23 | | after July 27, 2001 (the effective date of Public Act 92-176), | 24 | | and when
the sentence is imposed for aggravated driving under | 25 | | the influence of alcohol,
other drug or drugs, or intoxicating | 26 | | compound or compounds, or any combination
thereof as defined in |
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| 1 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 2 | | 11-501 of the Illinois Vehicle Code committed on or after | 3 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 4 | | judge's
statement, to be given after pronouncing the sentence, | 5 | | 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 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 is entitled to no more than 4 1/2 days of | 13 | | sentence credit for
each month of his or her sentence of | 14 | | imprisonment. Therefore, this defendant
will serve at least 85% | 15 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 16 | | days credit for each month of his or her sentence, the period
| 17 | | of estimated actual custody is ... years and ... months. If the | 18 | | defendant,
because of his or her own misconduct or failure to | 19 | | comply with the
institutional regulations receives lesser | 20 | | credit, the actual time served in
prison will be longer."
| 21 | | When a sentence of imprisonment is imposed for first degree | 22 | | murder and
the offense was committed on or after June 19, 1998, | 23 | | the judge's statement,
to be given after pronouncing the | 24 | | sentence, 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 in |
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| 1 | | prison as a result of this
sentence. The actual period of | 2 | | prison time served is determined by the
statutes of Illinois as | 3 | | applied to this sentence by the Illinois Department
of | 4 | | Corrections and the Illinois Prisoner Review Board. In this | 5 | | case, the
defendant is not entitled to sentence credit. | 6 | | Therefore, this defendant
will serve 100% of his or her | 7 | | sentence."
| 8 | | When the sentencing order recommends placement in a | 9 | | substance abuse program for any offense that results in | 10 | | incarceration
in a Department of Corrections facility and the | 11 | | crime was
committed on or after September 1, 2003 (the | 12 | | effective date of Public Act
93-354), the judge's
statement, in | 13 | | addition to any other judge's statement required under this
| 14 | | Section, to be given after pronouncing the sentence, shall | 15 | | include the
following:
| 16 | | "The purpose of this statement is to inform the public of
| 17 | | the actual period of time this defendant is likely to spend in
| 18 | | prison as a result of this sentence. The actual period of
| 19 | | prison time served is determined by the statutes of Illinois as
| 20 | | applied to this sentence by the Illinois Department of
| 21 | | Corrections and the Illinois Prisoner Review Board. In this
| 22 | | case, the defendant shall receive no earned sentence credit | 23 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
| 24 | | she participates in and completes a substance abuse treatment | 25 | | program or receives a waiver from the Director of Corrections | 26 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
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| 1 | | (c-4) Before the sentencing hearing and as part of the | 2 | | presentence investigation under Section 5-3-1, the court shall | 3 | | inquire of the defendant whether the defendant is currently | 4 | | serving in or is a veteran of the Armed Forces of the United | 5 | | States.
If the defendant is currently serving in the Armed | 6 | | Forces of the United States or is a veteran of the Armed Forces | 7 | | of the United States and has been diagnosed as having a mental | 8 | | illness by a qualified psychiatrist or clinical psychologist or | 9 | | physician, the court may: | 10 | | (1) order that the officer preparing the presentence | 11 | | report consult with the United States Department of | 12 | | Veterans Affairs, Illinois Department of Veterans' | 13 | | Affairs, or another agency or person with suitable | 14 | | knowledge or experience for the purpose of providing the | 15 | | court with information regarding treatment options | 16 | | available to the defendant, including federal, State, and | 17 | | local programming; and | 18 | | (2) consider the treatment recommendations of any | 19 | | diagnosing or treating mental health professionals | 20 | | together with the treatment options available to the | 21 | | defendant in imposing sentence. | 22 | | For the purposes of this subsection (c-4), "qualified | 23 | | psychiatrist" means a reputable physician licensed in Illinois | 24 | | to practice medicine in all its branches, who has specialized | 25 | | in the diagnosis and treatment of mental and nervous disorders | 26 | | for a period of not less than 5 years. |
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| 1 | | (c-6) In imposing a sentence, the trial judge shall | 2 | | specify, on the record, the particular evidence and other | 3 | | reasons which led to his or her determination that a motor | 4 | | vehicle was used in the commission of the offense. | 5 | | (d) When the defendant is committed to the Department of
| 6 | | Corrections, the State's Attorney shall and counsel for the | 7 | | defendant
may file a statement with the clerk of the court to | 8 | | be transmitted to
the department, agency or institution to | 9 | | which the defendant is
committed to furnish such department, | 10 | | agency or institution with the
facts and circumstances of the | 11 | | offense for which the person was
committed together with all | 12 | | other factual information accessible to them
in regard to the | 13 | | person prior to his commitment relative to his habits,
| 14 | | associates, disposition and reputation and any other facts and
| 15 | | circumstances which may aid such department, agency or | 16 | | institution
during its custody of such person. The clerk shall | 17 | | within 10 days after
receiving any such statements transmit a | 18 | | copy to such department, agency
or institution and a copy to | 19 | | the other party, provided, however, that
this shall not be | 20 | | cause for delay in conveying the person to the
department, | 21 | | agency or institution to which he has been committed.
| 22 | | (e) The clerk of the court shall transmit to the | 23 | | department,
agency or institution, if any, to which the | 24 | | defendant is committed, the
following:
| 25 | | (1) the sentence imposed;
| 26 | | (2) any statement by the court of the basis for |
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| 1 | | imposing the sentence;
| 2 | | (3) any presentence reports;
| 3 | | (3.5) any sex offender evaluations;
| 4 | | (3.6) any substance abuse treatment eligibility | 5 | | screening and assessment of the defendant by an agent | 6 | | designated by the State of Illinois to provide assessment | 7 | | services for the Illinois courts;
| 8 | | (4) the number of days, if any, which the defendant has | 9 | | been in
custody and for which he is entitled to credit | 10 | | against the sentence,
which information shall be provided | 11 | | to the clerk by the sheriff;
| 12 | | (4.1) any finding of great bodily harm made by the | 13 | | court with respect
to an offense enumerated in subsection | 14 | | (c-1);
| 15 | | (5) all statements filed under subsection (d) of this | 16 | | Section;
| 17 | | (6) any medical or mental health records or summaries | 18 | | of the defendant;
| 19 | | (7) the municipality where the arrest of the offender | 20 | | or the commission
of the offense has occurred, where such | 21 | | municipality has a population of
more than 25,000 persons;
| 22 | | (8) all statements made and evidence offered under | 23 | | paragraph (7) of
subsection (a) of this Section; and
| 24 | | (9) all additional matters which the court directs the | 25 | | clerk to
transmit.
| 26 | | (f) In cases in which the court finds that a motor vehicle |
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| 1 | | was used in the commission of the offense for which the | 2 | | defendant is being sentenced, the clerk of the court shall, | 3 | | within 5 days thereafter, forward a report of such conviction | 4 | | to the Secretary of State. | 5 | | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | 6 | | 100-961, eff. 1-1-19; revised 10-3-18.)".
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