Full Text of HB2989 102nd General Assembly
HB2989ham001 102ND GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/19/2021
| | 10200HB2989ham001 | | LRB102 10284 KMF 24071 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2989
| 2 | | AMENDMENT NO. ______. Amend House Bill 2989 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.
| 11 | | However, prior to the imposition of sentence on an individual | 12 | | being
sentenced for an offense based upon a charge for a | 13 | | violation of Section
11-501 of the Illinois Vehicle Code or a | 14 | | similar provision of a local
ordinance, the individual must | 15 | | undergo a professional evaluation to
determine if an alcohol | 16 | | or other drug abuse problem exists and the extent
of such a |
| | | 10200HB2989ham001 | - 2 - | LRB102 10284 KMF 24071 a |
|
| 1 | | problem. Programs conducting these evaluations shall be
| 2 | | licensed by the Department of Human Services. However, if the | 3 | | individual is
not a resident of Illinois, the court
may, in its | 4 | | discretion, accept an evaluation from a program in the state | 5 | | of
such individual's residence. The court shall make a | 6 | | specific finding about whether the defendant is eligible for | 7 | | participation in a Department impact incarceration program as | 8 | | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | 9 | | explanation as to why a sentence to impact incarceration is | 10 | | not an appropriate sentence. The court may in its sentencing | 11 | | order recommend a defendant for placement in a Department of | 12 | | Corrections substance abuse treatment program as provided in | 13 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 14 | | upon the defendant being accepted in a program by the | 15 | | Department of Corrections. At the
hearing the court
shall:
| 16 | | (1) consider the evidence, if any, received upon the | 17 | | trial;
| 18 | | (2) consider any presentence reports;
| 19 | | (3) consider the financial impact of incarceration | 20 | | based on the
financial impact statement filed with the | 21 | | clerk of the court by the
Department of Corrections;
| 22 | | (4) consider evidence and information offered by the | 23 | | parties in
aggravation and mitigation; | 24 | | (4.5) consider substance abuse treatment, eligibility | 25 | | screening, and an assessment, if any, of the defendant by | 26 | | an agent designated by the State of Illinois to provide |
| | | 10200HB2989ham001 | - 3 - | LRB102 10284 KMF 24071 a |
|
| 1 | | assessment services for the Illinois courts;
| 2 | | (5) hear arguments as to sentencing alternatives;
| 3 | | (6) afford the defendant the opportunity to make a | 4 | | statement in his
own behalf;
| 5 | | (7) afford the victim of a violent crime or a | 6 | | violation of Section
11-501 of the Illinois Vehicle Code, | 7 | | or a similar provision of a local
ordinance, the | 8 | | opportunity to present an oral or written statement, as | 9 | | guaranteed by Article I, Section 8.1 of the Illinois | 10 | | Constitution and provided in Section 6 of the Rights of | 11 | | Crime Victims and Witnesses Act. The court shall allow a | 12 | | victim to make an oral statement if the victim is present | 13 | | in the courtroom and requests to make an oral or written | 14 | | statement. An oral or written statement includes the | 15 | | victim or a representative of the victim reading the | 16 | | written statement. The court may allow persons impacted by | 17 | | the crime who are not victims under subsection (a) of | 18 | | Section 3 of the Rights of Crime Victims and Witnesses Act | 19 | | to present an oral or written statement. A victim and any | 20 | | person making an oral statement shall not be put under | 21 | | oath or subject to cross-examination. All statements | 22 | | offered under this paragraph
(7) shall become part of the | 23 | | record of the court. In this
paragraph (7), "victim of a | 24 | | violent crime" means a person who is a victim of a violent | 25 | | crime for which the defendant has been convicted after a | 26 | | bench or jury trial or a person who is the victim of a |
| | | 10200HB2989ham001 | - 4 - | LRB102 10284 KMF 24071 a |
|
| 1 | | violent crime with which the defendant was charged and the | 2 | | defendant has been convicted under a plea agreement of a | 3 | | crime that is not a violent crime as defined in subsection | 4 | | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | 5 | | (7.5) afford a qualified person affected by: (i) a | 6 | | violation of Section 405, 405.1, 405.2, or 407 of the | 7 | | Illinois Controlled Substances Act or a violation of | 8 | | Section 55 or Section 65 of the Methamphetamine Control | 9 | | and Community Protection Act; or (ii) a Class 4 felony | 10 | | violation of Section 11-14, 11-14.3 except as described in | 11 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | 12 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012, committed by the defendant the | 14 | | opportunity to make a statement concerning the impact on | 15 | | the qualified person and to offer evidence in aggravation | 16 | | or mitigation; provided that the statement and evidence | 17 | | offered in aggravation or mitigation shall first be | 18 | | prepared in writing in conjunction with the State's | 19 | | Attorney before it may be presented orally at the hearing. | 20 | | Sworn testimony offered by the qualified person is subject | 21 | | to the defendant's right to cross-examine. All statements | 22 | | and evidence offered under this paragraph (7.5) shall | 23 | | become part of the record of the court. In this paragraph | 24 | | (7.5), "qualified person" means any person who: (i) lived | 25 | | or worked within the territorial jurisdiction where the | 26 | | offense took place when the offense took place; or (ii) is |
| | | 10200HB2989ham001 | - 5 - | LRB102 10284 KMF 24071 a |
|
| 1 | | familiar with various public places within the territorial | 2 | | jurisdiction where the offense took place when the offense | 3 | | took place. "Qualified person" includes any peace officer | 4 | | or any member of any duly organized State, county, or | 5 | | municipal peace officer unit assigned to the territorial | 6 | | jurisdiction where the offense took place when the offense | 7 | | took place;
| 8 | | (8) in cases of reckless homicide afford the victim's | 9 | | spouse,
guardians, parents or other immediate family | 10 | | members an opportunity to make
oral statements;
| 11 | | (9) in cases involving a felony sex offense as defined | 12 | | under the Sex
Offender
Management Board Act, consider the | 13 | | results of the sex offender evaluation
conducted pursuant | 14 | | to Section 5-3-2 of this Act; and
| 15 | | (10) make a finding of whether a motor vehicle was | 16 | | used in the commission of the offense for which the | 17 | | defendant is being sentenced. | 18 | | (b) All sentences shall be imposed by the judge based upon | 19 | | his
independent assessment of the elements specified above and | 20 | | any agreement
as to sentence reached by the parties. The judge | 21 | | who presided at the
trial or the judge who accepted the plea of | 22 | | guilty shall impose the
sentence unless he is no longer | 23 | | sitting as a judge in that court. Where
the judge does not | 24 | | impose sentence at the same time on all defendants
who are | 25 | | convicted as a result of being involved in the same offense, | 26 | | the
defendant or the State's Attorney may advise the |
| | | 10200HB2989ham001 | - 6 - | LRB102 10284 KMF 24071 a |
|
| 1 | | sentencing court of the
disposition of any other defendants | 2 | | who have been sentenced.
| 3 | | (b-1) In imposing a sentence of imprisonment or periodic | 4 | | imprisonment for a Class 3 or Class 4 felony for which a | 5 | | sentence of probation or conditional discharge is an available | 6 | | sentence, if the defendant has no prior sentence of probation | 7 | | or conditional discharge and no prior conviction for a violent | 8 | | crime, the defendant shall not be sentenced to imprisonment | 9 | | before review and consideration of a presentence report and | 10 | | determination and explanation of why the particular evidence, | 11 | | information, factor in aggravation, factual finding, or other | 12 | | reasons support a sentencing determination that one or more of | 13 | | the factors under subsection (a) of Section 5-6-1 of this Code | 14 | | apply and that probation or conditional discharge is not an | 15 | | appropriate sentence. | 16 | | (b-2) In imposing a sentence of imprisonment for a | 17 | | violation of the Criminal Code of 2012 Sections including 8-4, | 18 | | 9-1.2, 10-2, 11-1.40, 12-3.05, 18-2, 18-4, 19-6, and 33A-3, | 19 | | the court may, in its discretion, decline to impose or impose a | 20 | | term of years less than any otherwise applicable sentencing | 21 | | enhancement based upon firearm possession, possession with | 22 | | personal discharge, or possession with personal discharge that | 23 | | proximately causes great bodily harm, permanent disability, | 24 | | permanent disfigurement, or death to another person. In the | 25 | | exercise of this discretion the court shall consider, among | 26 | | all other relevant factors in aggravation and mitigation: |
| | | 10200HB2989ham001 | - 7 - | LRB102 10284 KMF 24071 a |
|
| 1 | | (1) the person's degree of participation and specific | 2 | | role in the offense, including the level of planning by | 3 | | the person before the offense; | 4 | | (2) whether the person is, in part or in full, being | 5 | | held accountable for the actions of others; | 6 | | (3) whether the person was subjected to outside | 7 | | pressure or negative influences; | 8 | | (4) the mental and emotional condition to the extent | 9 | | that such condition mitigates the person's culpability or | 10 | | to the extent that such condition is otherwise plainly | 11 | | relevant; | 12 | | (5) whether the person was under unusual and | 13 | | substantial duress, regardless of whether the duress was | 14 | | of such a degree as to constitute a defense to the charge; | 15 | | and | 16 | | (6) whether the person possessed the firearm in the | 17 | | belief of a need for self-defense, regardless of whether | 18 | | the belief was of such a degree as to constitute a defense | 19 | | to the charge. | 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 | 25 | | to someone other than the defendant, the trial judge shall
| 26 | | specify on the record the particular evidence, information, |
| | | 10200HB2989ham001 | - 8 - | LRB102 10284 KMF 24071 a |
|
| 1 | | factors in
mitigation and aggravation or other reasons that | 2 | | led to his sentencing
determination. The full verbatim record | 3 | | of the sentencing hearing shall be
filed with the clerk of the | 4 | | court and shall be a public record.
| 5 | | | 6 | | (c-1) In imposing a sentence for the offense of aggravated | 7 | | kidnapping for
ransom, home invasion, armed robbery, | 8 | | aggravated vehicular hijacking,
aggravated discharge of a | 9 | | firearm, or armed violence with a category I weapon
or | 10 | | category II weapon,
the trial judge shall make a finding as to | 11 | | whether the conduct leading to
conviction for the offense | 12 | | resulted in great bodily harm to a victim, and
shall enter that | 13 | | finding and the basis for that finding in the record.
| 14 | | (c-2) If the defendant is sentenced to prison, other than | 15 | | when a sentence of
natural life imprisonment or a sentence of | 16 | | death is imposed, at the time
the sentence is imposed the judge | 17 | | shall
state on the record in open court the approximate period | 18 | | of time the defendant
will serve in custody according to the | 19 | | then current statutory rules and
regulations for sentence | 20 | | credit found in Section 3-6-3 and other related
provisions of | 21 | | this Code. This statement is intended solely to inform the
| 22 | | public, has no legal effect on the defendant's actual release, | 23 | | and may not be
relied on by the defendant on appeal.
| 24 | | The judge's statement, to be given after pronouncing the | 25 | | sentence, other than
when the sentence is imposed for one of | 26 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, |
| | | 10200HB2989ham001 | - 9 - | LRB102 10284 KMF 24071 a |
|
| 1 | | shall include the following:
| 2 | | "The purpose of this statement is to inform the public of | 3 | | the actual period
of time this defendant is likely to spend in | 4 | | prison as a result of this
sentence. The actual period of | 5 | | prison time served is determined by the
statutes of Illinois | 6 | | as applied to this sentence by the Illinois Department of
| 7 | | Corrections and
the Illinois Prisoner Review Board. In this | 8 | | case, assuming the defendant
receives all of his or her | 9 | | sentence credit, the period of estimated actual
custody is ... | 10 | | years and ... months, less up to 180 days additional earned | 11 | | sentence credit. If the defendant, because of his or
her own | 12 | | misconduct or failure to comply with the institutional | 13 | | regulations,
does not receive those credits, the actual time | 14 | | served in prison will be
longer. The defendant may also | 15 | | receive an additional one-half day sentence
credit for each | 16 | | day of participation in vocational, industry, substance abuse,
| 17 | | and educational programs as provided for by Illinois statute."
| 18 | | When the sentence is imposed for one of the offenses | 19 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 20 | | first degree murder, and the offense was
committed on or after | 21 | | June 19, 1998, and when the sentence is imposed for
reckless | 22 | | homicide as defined in subsection (e) of Section 9-3 of the | 23 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 24 | | offense was committed on or after January 1, 1999,
and when the | 25 | | sentence is imposed for aggravated driving under the influence
| 26 | | of alcohol, other drug or drugs, or intoxicating compound or |
| | | 10200HB2989ham001 | - 10 - | LRB102 10284 KMF 24071 a |
|
| 1 | | compounds, or
any combination thereof as defined in | 2 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 3 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 4 | | imposed for aggravated arson if the offense was committed
on | 5 | | or after July 27, 2001 (the effective date of Public Act | 6 | | 92-176), and when
the sentence is imposed for aggravated | 7 | | driving under the influence of alcohol,
other drug or drugs, | 8 | | or intoxicating compound or compounds, or any combination
| 9 | | thereof as defined in subparagraph (C) of paragraph (1) of | 10 | | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | 11 | | committed on or after January 1, 2011 (the effective date of | 12 | | Public Act 96-1230), the judge's
statement, to be given after | 13 | | pronouncing the sentence, shall 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 | 18 | | as applied to this sentence by the Illinois Department of
| 19 | | Corrections and
the Illinois Prisoner Review Board. In this | 20 | | case,
the defendant is entitled to no more than 4 1/2 days of | 21 | | sentence credit for
each month of his or her sentence of | 22 | | imprisonment. Therefore, this defendant
will serve at least | 23 | | 85% of his or her sentence. Assuming the defendant
receives 4 | 24 | | 1/2 days credit for each month of his or her sentence, the | 25 | | period
of estimated actual custody is ... years and ... | 26 | | months. If the defendant,
because of his or her own misconduct |
| | | 10200HB2989ham001 | - 11 - | LRB102 10284 KMF 24071 a |
|
| 1 | | or failure to comply with the
institutional regulations | 2 | | receives lesser credit, the actual time served in
prison will | 3 | | be longer."
| 4 | | When a sentence of imprisonment is imposed for first | 5 | | degree murder and
the offense was committed on or after June | 6 | | 19, 1998, the judge's statement,
to be given after pronouncing | 7 | | the sentence, shall include the following:
| 8 | | "The purpose of this statement is to inform the public of | 9 | | the actual period
of time this defendant is likely to spend in | 10 | | prison as a result of this
sentence. The actual period of | 11 | | prison time served is determined by the
statutes of Illinois | 12 | | as applied to this sentence by the Illinois Department
of | 13 | | Corrections and the Illinois Prisoner Review Board. In this | 14 | | case, the
defendant is not entitled to sentence credit. | 15 | | Therefore, this defendant
will serve 100% of his or her | 16 | | sentence."
| 17 | | When the sentencing order recommends placement in a | 18 | | substance abuse program for any offense that results in | 19 | | incarceration
in a Department of Corrections facility and the | 20 | | crime was
committed on or after September 1, 2003 (the | 21 | | effective date of Public Act
93-354), the judge's
statement, | 22 | | in addition to any other judge's statement required under this
| 23 | | Section, to be given after pronouncing the sentence, shall | 24 | | 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
|
| | | 10200HB2989ham001 | - 12 - | LRB102 10284 KMF 24071 a |
|
| 1 | | prison as a result of this sentence. The actual period of
| 2 | | prison time served is determined by the statutes of Illinois | 3 | | as
applied to this sentence by the Illinois Department of
| 4 | | Corrections and the Illinois Prisoner Review Board. In this
| 5 | | case, the defendant shall receive no earned sentence credit | 6 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
| 7 | | she participates in and completes a substance abuse treatment | 8 | | program or receives a waiver from the Director of Corrections | 9 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| 10 | | (c-4) Before the sentencing hearing and as part of the | 11 | | presentence investigation under Section 5-3-1, the court shall | 12 | | inquire of the defendant whether the defendant is currently | 13 | | serving in or is a veteran of the Armed Forces of the United | 14 | | States.
If the defendant is currently serving in the Armed | 15 | | Forces of the United States or is a veteran of the Armed Forces | 16 | | of the United States and has been diagnosed as having a mental | 17 | | illness by a qualified psychiatrist or clinical psychologist | 18 | | or physician, the court may: | 19 | | (1) order that the officer preparing the presentence | 20 | | report consult with the United States Department of | 21 | | Veterans Affairs, Illinois Department of Veterans' | 22 | | Affairs, or another agency or person with suitable | 23 | | knowledge or experience for the purpose of providing the | 24 | | court with information regarding treatment options | 25 | | available to the defendant, including federal, State, and | 26 | | local programming; and |
| | | 10200HB2989ham001 | - 13 - | LRB102 10284 KMF 24071 a |
|
| 1 | | (2) consider the treatment recommendations of any | 2 | | diagnosing or treating mental health professionals | 3 | | together with the treatment options available to the | 4 | | defendant in imposing sentence. | 5 | | For the purposes of this subsection (c-4), "qualified | 6 | | psychiatrist" means a reputable physician licensed in Illinois | 7 | | to practice medicine in all its branches, who has specialized | 8 | | in the diagnosis and treatment of mental and nervous disorders | 9 | | for a period of not less than 5 years. | 10 | | (c-6) In imposing a sentence, the trial judge shall | 11 | | specify, on the record, the particular evidence and other | 12 | | reasons which led to his or her determination that a motor | 13 | | vehicle was used in the commission of the offense. | 14 | | (d) When the defendant is committed to the Department of
| 15 | | Corrections, the State's Attorney shall and counsel for the | 16 | | defendant
may file a statement with the clerk of the court to | 17 | | be transmitted to
the department, agency or institution to | 18 | | which the defendant is
committed to furnish such department, | 19 | | agency or institution with the
facts and circumstances of the | 20 | | offense for which the person was
committed together with all | 21 | | other factual information accessible to them
in regard to the | 22 | | person prior to his commitment relative to his habits,
| 23 | | associates, disposition and reputation and any other facts and
| 24 | | circumstances which may aid such department, agency or | 25 | | institution
during its custody of such person. The clerk shall | 26 | | within 10 days after
receiving any such statements transmit a |
| | | 10200HB2989ham001 | - 14 - | LRB102 10284 KMF 24071 a |
|
| 1 | | copy to such department, agency
or institution and a copy to | 2 | | the other party, provided, however, that
this shall not be | 3 | | cause for delay in conveying the person to the
department, | 4 | | agency or institution to which he has been committed.
| 5 | | (e) The clerk of the court shall transmit to the | 6 | | department,
agency or institution, if any, to which the | 7 | | defendant is committed, the
following:
| 8 | | (1) the sentence imposed;
| 9 | | (2) any statement by the court of the basis for | 10 | | imposing the sentence;
| 11 | | (3) any presentence reports;
| 12 | | (3.5) any sex offender evaluations;
| 13 | | (3.6) any substance abuse treatment eligibility | 14 | | screening and assessment of the defendant by an agent | 15 | | designated by the State of Illinois to provide assessment | 16 | | services for the Illinois courts;
| 17 | | (4) the number of days, if any, which the defendant | 18 | | has been in
custody and for which he is entitled to credit | 19 | | against the sentence,
which information shall be provided | 20 | | to the clerk by the sheriff;
| 21 | | (4.1) any finding of great bodily harm made by the | 22 | | court with respect
to an offense enumerated in subsection | 23 | | (c-1);
| 24 | | (5) all statements filed under subsection (d) of this | 25 | | Section;
| 26 | | (6) any medical or mental health records or summaries |
| | | 10200HB2989ham001 | - 15 - | LRB102 10284 KMF 24071 a |
|
| 1 | | of the defendant;
| 2 | | (7) the municipality where the arrest of the offender | 3 | | or the commission
of the offense has occurred, where such | 4 | | municipality has a population of
more than 25,000 persons;
| 5 | | (8) all statements made and evidence offered under | 6 | | paragraph (7) of
subsection (a) of this Section; and
| 7 | | (9) all additional matters which the court directs the | 8 | | clerk to
transmit.
| 9 | | (f) In cases in which the court finds that a motor vehicle | 10 | | was used in the commission of the offense for which the | 11 | | defendant is being sentenced, the clerk of the court shall, | 12 | | within 5 days thereafter, forward a report of such conviction | 13 | | to the Secretary of State. | 14 | | (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | 15 | | 101-105, eff. 1-1-20 .)".
|
|