Full Text of SB3166 101st General Assembly
SB3166 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3166 Introduced 2/11/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-5-3.1 | from Ch. 38, par. 1005-5-3.1 |
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Amends the Unified Code of Corrections. Provides that the grounds accorded weight in favor of withholding or
minimizing a sentence of imprisonment include that the defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Provides that circumstances to be considered in assessing this factor in mitigation include: (1) the likelihood that the child will be adjudged a dependent minor and declared a ward of the court under the Juvenile Court Act of 1987; and (2) the best interest of the child.
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| | A BILL FOR |
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| | | SB3166 | | LRB101 15816 RLC 65171 b |
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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 5-5-3.1 as follows:
| 6 | | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| 7 | | Sec. 5-5-3.1. Factors in mitigation.
| 8 | | (a) The following
grounds shall be accorded weight in favor | 9 | | of withholding or
minimizing a sentence of imprisonment:
| 10 | | (1) The defendant's criminal conduct neither caused | 11 | | nor
threatened serious physical harm to another.
| 12 | | (2) The defendant did not contemplate that his criminal | 13 | | conduct would
cause or threaten serious physical harm to | 14 | | another.
| 15 | | (3) The defendant acted under a strong provocation.
| 16 | | (4) There were substantial grounds tending to excuse or | 17 | | justify
the defendant's criminal conduct, though failing | 18 | | to establish a
defense.
| 19 | | (5) The defendant's criminal conduct was induced or | 20 | | facilitated
by someone other than the defendant.
| 21 | | (6) The defendant has compensated or will compensate | 22 | | the victim
of his criminal conduct for the damage or injury | 23 | | that he sustained.
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| 1 | | (7) The defendant has no history of prior delinquency | 2 | | or
criminal activity or has led a law-abiding life for a | 3 | | substantial
period of time before the commission of the | 4 | | present crime.
| 5 | | (8) The defendant's criminal conduct was the result of
| 6 | | circumstances unlikely to recur.
| 7 | | (9) The character and attitudes of the defendant | 8 | | indicate that he is
unlikely to commit another crime.
| 9 | | (10) The defendant is particularly likely to comply | 10 | | with the terms of
a period of probation.
| 11 | | (11) (Blank).
| 12 | | (12) The imprisonment of the defendant would endanger | 13 | | his or her medical
condition.
| 14 | | (13) The defendant was a person with an intellectual | 15 | | disability as defined in Section 5-1-13 of
this Code.
| 16 | | (14) The defendant sought or obtained emergency | 17 | | medical assistance for an overdose and was convicted of a | 18 | | Class 3 felony or higher possession, manufacture, or | 19 | | delivery of a controlled, counterfeit, or look-alike | 20 | | substance or a controlled substance analog under the | 21 | | Illinois Controlled Substances Act or a Class 2 felony or | 22 | | higher possession, manufacture or delivery of | 23 | | methamphetamine under the Methamphetamine Control and | 24 | | Community Protection Act. | 25 | | (15) At the time of the offense, the defendant is or | 26 | | had been the victim of domestic violence and the effects of |
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| 1 | | the domestic violence tended to excuse or justify the | 2 | | defendant's criminal conduct. As used in this paragraph | 3 | | (15), "domestic violence" means abuse as defined in Section | 4 | | 103 of the Illinois Domestic Violence Act of 1986. | 5 | | (16) At the time of the offense, the defendant was | 6 | | suffering from a serious mental illness which, though | 7 | | insufficient to establish the defense of insanity, | 8 | | substantially affected his or her ability to understand the | 9 | | nature of his or her acts or to conform his or her conduct | 10 | | to the requirements of the law. | 11 | | (17) At the time of the offense, the defendant was | 12 | | suffering from post-partum depression or post-partum | 13 | | psychosis which was either undiagnosed or untreated, or | 14 | | both, and this temporary mental illness tended to excuse
or | 15 | | justify the defendant's criminal conduct and the defendant | 16 | | has been diagnosed as suffering from post-partum | 17 | | depression or
post-partum psychosis, or both, by a | 18 | | qualified medical person and the diagnoses or
testimony, or | 19 | | both, was not used at trial. In this paragraph (17): | 20 | | "Post-partum depression"
means a mood disorder | 21 | | which strikes many
women during and after pregnancy | 22 | | which usually occurs during
pregnancy and up to 12 | 23 | | months after delivery. This depression
can include | 24 | | anxiety disorders. | 25 | | "Post-partum psychosis" means an extreme form of | 26 | | post-partum
depression which can occur during |
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| 1 | | pregnancy and up to 12
months after delivery. This can | 2 | | include losing touch with
reality, distorted thinking, | 3 | | delusions, auditory and visual
hallucinations, | 4 | | paranoia, hyperactivity and rapid speech, or mania. | 5 | | (18) The defendant is pregnant or is the parent of a | 6 | | child or infant whose well-being will be negatively | 7 | | affected by the parent's absence. Circumstances to be | 8 | | considered in assessing this factor in mitigation include: | 9 | | (A) that the parent is breastfeeding the child; | 10 | | (B) the age of the child, with strong consideration | 11 | | given to avoid disruption of the caregiving of an | 12 | | infant, pre-school or school-age child by a parent; | 13 | | (C) the role of the parent in the day-to-day | 14 | | educational and medical needs of the child; | 15 | | (D) the relationship of the parent and the child; | 16 | | (E) any special medical, educational, or | 17 | | psychological needs of the child; | 18 | | (F) the role of the parent in the financial support | 19 | | of the child ; . | 20 | | (G) the likelihood that the child will be adjudged | 21 | | a dependent minor under Section 2-4 and declared a ward | 22 | | of the court under Section 2-22 of the Juvenile Court | 23 | | Act of 1987; | 24 | | (H) the best interest of the child. | 25 | | Under this Section, the defendant shall have the right | 26 | | to present a Family Impact Statement at sentencing, which |
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| 1 | | the court shall consider in favor of withholding or | 2 | | minimizing a sentence of imprisonment prior to imposing any | 3 | | sentence and may include testimony from family and | 4 | | community members, written statements, video, and | 5 | | documentation.
Unless the court finds that the parent poses | 6 | | a significant risk to the community that outweighs the risk | 7 | | of harm from the parent's removal from the family, the | 8 | | court shall impose a sentence in accordance with subsection | 9 | | (b) that allows the parent to continue to care for the | 10 | | child or children. | 11 | | (19) The defendant serves as the caregiver for a | 12 | | relative who is ill, disabled, or elderly. | 13 | | (b) If the court, having due regard for the character of | 14 | | the
offender, the nature and circumstances of the offense and | 15 | | the
public interest finds that a sentence of imprisonment is | 16 | | the
most appropriate disposition of the offender, or where | 17 | | other
provisions of this Code mandate the imprisonment of the | 18 | | offender,
the grounds listed in paragraph (a) of this | 19 | | subsection shall be
considered as factors in mitigation of the | 20 | | term imposed.
| 21 | | (Source: P.A. 100-574, eff. 6-1-18; 101-471, eff. 1-1-20 .)
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