Illinois General Assembly - Full Text of SB0424
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Full Text of SB0424  103rd General Assembly




SB0424 EngrossedLRB103 02876 RLC 47882 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing 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7    (Section scheduled to be repealed on January 1, 2024)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
10safety, reduce recidivism, and conserve valuable resources of
11the criminal justice system through the creation of diversion
12programs for non-violent offenders. This amendatory Act of the
13103rd General Assembly amendatory Act of the 100th General
14Assembly establishes a pilot program for first-time,
15non-violent offenders charged with certain weapons possession
16offenses. The General Assembly recognizes some persons,
17particularly young adults in areas of high crime or poverty,
18may have experienced trauma that contributes to poor decision
19making skills, and the creation of a diversionary program
20poses a greater benefit to the community and the person than
21incarceration. Under this program, a court, with the consent
22of the defendant and the State's Attorney, may sentence a
23defendant charged with an unlawful use of weapons offense



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1under Section 24-1 of the Criminal Code of 2012 or aggravated
2unlawful use of a weapon offense under Section 24-1.6 of the
3Criminal Code of 2012, if punishable as a Class 4 felony or
4lower, to a First Time Weapon Offense Offender Program.
5    (b) A defendant is not eligible for this Program if:
6        (1) the offense was committed during the commission of
7    a violent offense as defined in subsection (h) of this
8    Section;
9        (2) he or she has previously been convicted or placed
10    on probation or conditional discharge for any violent
11    offense under the laws of this State, the laws of any other
12    state, or the laws of the United States;
13        (3) he or she had a prior successful completion of the
14    First Time Weapon Offense Offender Program under this
15    Section;
16        (4) he or she has previously been adjudicated a
17    delinquent minor for the commission of a violent offense;
18        (5) (blank); or he or she is 21 years of age or older;
19    or
20        (6) he or she has an existing order of protection
21    issued against him or her.
22    (b-5) In considering whether a defendant shall be
23sentenced to the First Time Weapon Offense Offender Program,
24the court shall consider the following:
25        (1) the age, immaturity, or limited mental capacity of
26    the defendant;



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1        (2) the nature and circumstances of the offense;
2        (3) whether participation in the Program is in the
3    interest of the defendant's rehabilitation, including any
4    employment or involvement in community, educational,
5    training, or vocational programs;
6        (4) whether the defendant suffers from trauma, as
7    supported by documentation or evaluation by a licensed
8    professional; and
9        (5) the potential risk to public safety.
10    (c) For an offense committed on or after January 1, 2018
11(the effective date of Public Act 100-3) and before January 1,
122024, whenever an eligible person pleads guilty to an unlawful
13use of weapons offense under Section 24-1 of the Criminal Code
14of 2012 or aggravated unlawful use of a weapon offense under
15Section 24-1.6 of the Criminal Code of 2012, which is
16punishable as a Class 4 felony or lower, the court, with the
17consent of the defendant and the State's Attorney, may,
18without entering a judgment, sentence the defendant to
19complete the First Time Weapon Offense Offender Program. When
20a defendant is placed in the Program, the court shall defer
21further proceedings in the case until the conclusion of the
22period or until the filing of a petition alleging violation of
23a term or condition of the Program. Upon violation of a term or
24condition of the Program, the court may enter a judgment on its
25original finding of guilt and proceed as otherwise provided by
26law. Upon fulfillment of the terms and conditions of the



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1Program, the court shall discharge the person and dismiss the
2proceedings against the person.
3    (d) The Program shall be at least 6 18 months and not to
4exceed 24 months, as determined by the court at the
5recommendation of the Program administrator and the State's
6Attorney. The Program administrator may be appointed by the
7Chief Judge of each Judicial Circuit.
8    (e) The conditions of the Program shall be that the
10        (1) not violate any criminal statute of this State or
11    any other jurisdiction;
12        (2) refrain from possessing a firearm or other
13    dangerous weapon;
14        (3) (blank); obtain or attempt to obtain employment;
15        (4) (blank); attend educational courses designed to
16    prepare the defendant for obtaining a high school diploma
17    or to work toward passing high school equivalency testing
18    or to work toward completing a vocational training
19    program;
20        (5) (blank); refrain from having in his or her body
21    the presence of any illicit drug prohibited by the
22    Methamphetamine Control and Community Protection Act, the
23    Cannabis Control Act, or the Illinois Controlled
24    Substances Act, unless prescribed by a physician, and
25    submit samples of his or her blood or urine or both for
26    tests to determine the presence of any illicit drug;



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1        (6) (blank); perform a minimum of 50 hours of
2    community service;
3        (7) attend and participate in any Program activities
4    deemed required by the Program administrator, such as
5    including but not limited to: counseling sessions,
6    in-person and over the phone check-ins, and educational
7    classes; and
8        (8) (blank). pay all fines, assessments, fees, and
9    costs.
10    (f) The Program may, in addition to other conditions,
11require that the defendant:
12        (1) obtain or attempt to obtain employment wear an
13    ankle bracelet with GPS tracking;
14        (2) attend educational courses designed to prepare the
15    defendant for obtaining a high school diploma or to work
16    toward passing high school equivalency testing or to work
17    toward completing a vocational training program undergo
18    medical or psychiatric treatment, or treatment or
19    rehabilitation approved by the Department of Human
20    Services; and
21        (3) refrain from having in his or her body the
22    presence of any illicit drug prohibited by the
23    Methamphetamine Control and Community Protection Act or
24    the Illinois Controlled Substances Act, unless prescribed
25    by a physician, and submit samples of his or her blood or
26    urine or both for tests to determine the presence of any



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1    illicit drug;
2        (4) perform community service; attend or reside in a
3    facility established for the instruction or residence of
4    defendants on probation.
5        (5) pay all fines, assessments, fees, and costs; and
6        (6) comply with such other reasonable conditions as
7    the court may impose.
8    (g) There may be only one discharge and dismissal under
9this Section. If a person is convicted of any offense which
10occurred within 5 years subsequent to a discharge and
11dismissal under this Section, the discharge and dismissal
12under this Section shall be admissible in the sentencing
13proceeding for that conviction as evidence in aggravation.
14    (h) For purposes of this Section, "violent offense" means
15any offense in which bodily harm was inflicted or force was
16used against any person or threatened against any person; any
17offense involving the possession of a firearm or dangerous
18weapon; any offense involving sexual conduct, sexual
19penetration, or sexual exploitation; violation of an order of
20protection, stalking, hate crime, domestic battery, or any
21offense of domestic violence.
22    (i) (Blank). This Section is repealed on January 1, 2024.
23(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
24    Section 99. Effective date. This Act takes effect July 1,