Full Text of HB2543 103rd General Assembly
HB2543ham001 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 3/8/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2543
| 2 | | AMENDMENT NO. ______. Amend House Bill 2543 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amended by | 5 | | changing Section 5-6-3.6 as follows: | 6 | | (730 ILCS 5/5-6-3.6) | 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 5-6-3.6. First Time Weapon Offense Offender Program. | 9 | | (a) The General Assembly has sought to promote public | 10 | | safety, reduce recidivism, and conserve valuable resources of | 11 | | the criminal justice system through the creation of diversion | 12 | | programs for non-violent offenders. This amendatory Act of the | 13 | | 100th General Assembly establishes a pilot program for | 14 | | first-time, non-violent offenders charged with certain weapons | 15 | | offenses. The General Assembly recognizes some persons, | 16 | | particularly young adults in areas of high crime or poverty, |
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| 1 | | may have experienced trauma that contributes to poor decision | 2 | | making skills, and the creation of a diversionary program | 3 | | poses a greater benefit to the community and the person than | 4 | | incarceration. Under this program, a court, with the consent | 5 | | of the defendant and the State's Attorney, may sentence a | 6 | | defendant charged with an unlawful use of weapons offense | 7 | | under Section 24-1 of the Criminal Code of 2012 or aggravated | 8 | | unlawful use of a weapon offense under Section 24-1.6 of the | 9 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 10 | | lower, to a First Time Weapon Offense Offender Program. | 11 | | (b) A defendant is not eligible for this Program if: | 12 | | (1) the offense was committed during the commission of | 13 | | a violent offense as defined in subsection (h) of this | 14 | | Section; | 15 | | (2) he or she has previously been convicted or placed | 16 | | on probation or conditional discharge for any violent | 17 | | offense under the laws of this State, the laws of any other | 18 | | state, or the laws of the United States; | 19 | | (3) he or she had a prior successful completion of the | 20 | | First Time Weapon Offense Offender Program under this | 21 | | Section; | 22 | | (4) he or she has previously been adjudicated a | 23 | | delinquent minor for the commission of a violent offense; | 24 | | (5) (blank) he or she is 21 years of age or older ; or | 25 | | (6) he or she has an existing order of protection | 26 | | issued against him or her. |
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| 1 | | (b-5) In considering whether a defendant shall be | 2 | | sentenced to the First Time Weapon Offense Offender Program, | 3 | | the court shall consider the following: | 4 | | (1) the age, immaturity, or limited mental capacity of | 5 | | the defendant; | 6 | | (2) the nature and circumstances of the offense; | 7 | | (3) whether participation in the Program is in the | 8 | | interest of the defendant's rehabilitation, including any | 9 | | employment or involvement in community, educational, | 10 | | training, or vocational programs; | 11 | | (4) whether the defendant suffers from trauma, as | 12 | | supported by documentation or evaluation by a licensed | 13 | | professional; and | 14 | | (5) the potential risk to public safety. | 15 | | (c) For an offense committed on or after January 1, 2018 | 16 | | (the effective date of Public Act 100-3) and before January 1, | 17 | | 2024, whenever an eligible person pleads guilty to an unlawful | 18 | | use of weapons offense under Section 24-1 of the Criminal Code | 19 | | of 2012 or aggravated unlawful use of a weapon offense under | 20 | | Section 24-1.6 of the Criminal Code of 2012, which is | 21 | | punishable as a Class 4 felony or lower, the court, with the | 22 | | consent of the defendant and the State's Attorney, may, | 23 | | without entering a judgment, sentence the defendant to | 24 | | complete the First Time Weapon Offense Offender Program. When | 25 | | a defendant is placed in the Program, the court shall defer | 26 | | further proceedings in the case until the conclusion of the |
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| 1 | | period or until the filing of a petition alleging violation of | 2 | | a term or condition of the Program. Upon violation of a term or | 3 | | condition of the Program, the court may enter a judgment on its | 4 | | original finding of guilt and proceed as otherwise provided by | 5 | | law. Upon fulfillment of the terms and conditions of the | 6 | | Program, the court shall discharge the person and dismiss the | 7 | | proceedings against the person. | 8 | | (d) The Program shall be at least 6 18 months and not to | 9 | | exceed 18 24 months, as determined by the court at the | 10 | | recommendation of the Program administrator and the State's | 11 | | Attorney. The Program administrator may be appointed by the | 12 | | Chief Judge of each Judicial Circuit. | 13 | | (e) The conditions of the Program shall be that the | 14 | | defendant: | 15 | | (1) not violate any criminal statute of this State or | 16 | | any other jurisdiction; | 17 | | (2) refrain from possessing a firearm or other | 18 | | dangerous weapon; | 19 | | (3) obtain or attempt to obtain employment; | 20 | | (4) attend educational courses designed to prepare the | 21 | | defendant for obtaining a high school diploma or to work | 22 | | toward passing high school equivalency testing or to work | 23 | | toward completing a vocational training program; | 24 | | (5) refrain from having in his or her body the | 25 | | presence of any illicit drug prohibited by the | 26 | | Methamphetamine Control and Community Protection Act, the |
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| 1 | | Cannabis Control Act, or the Illinois Controlled | 2 | | Substances Act, unless prescribed by a physician, and | 3 | | submit samples of his or her blood or urine or both for | 4 | | tests to determine the presence of any illicit drug; | 5 | | (6) perform a minimum of 50 hours of community | 6 | | service; | 7 | | (7) attend and participate in any Program activities | 8 | | deemed required by the Program administrator, including | 9 | | but not limited to: counseling sessions, in-person and | 10 | | over the phone check-ins, and educational classes; and | 11 | | (8) pay all fines, assessments, fees, and costs. | 12 | | (f) The Program may, in addition to other conditions, | 13 | | require that the defendant: | 14 | | (1) wear an ankle bracelet with GPS tracking; | 15 | | (2) undergo medical or psychiatric treatment, or | 16 | | treatment or rehabilitation approved by the Department of | 17 | | Human Services; and | 18 | | (3) attend or reside in a facility established for the | 19 | | instruction or residence of defendants on probation. | 20 | | (g) There may be only one discharge and dismissal under | 21 | | this Section. If a person is convicted of any offense which | 22 | | occurred within 5 years subsequent to a discharge and | 23 | | dismissal under this Section, the discharge and dismissal | 24 | | under this Section shall be admissible in the sentencing | 25 | | proceeding for that conviction as evidence in aggravation. | 26 | | (h) For purposes of this Section, "violent offense" means |
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| 1 | | any offense in which bodily harm was inflicted or force was | 2 | | used against any person or threatened against any person; any | 3 | | offense involving the possession of a firearm or dangerous | 4 | | weapon; any offense involving sexual conduct, sexual | 5 | | penetration, or sexual exploitation; violation of an order of | 6 | | protection, stalking, hate crime, domestic battery, or any | 7 | | offense of domestic violence. | 8 | | (i) (Blank). This Section is repealed on January 1, 2024.
| 9 | | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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