Sen. Ram Villivalam

Filed: 5/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 424 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2024)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,



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1particularly young adults in areas of high crime or poverty,
2may have experienced trauma that contributes to poor decision
3making skills, and the creation of a diversionary program
4poses a greater benefit to the community and the person than
5incarceration. Under this program, a court, with the consent
6of the defendant and the State's Attorney, may sentence a
7defendant charged with an unlawful use of weapons offense
8under Section 24-1 of the Criminal Code of 2012 or aggravated
9unlawful use of a weapon offense under Section 24-1.6 of the
10Criminal Code of 2012, if punishable as a Class 4 felony or
11lower, to a First Time Weapon Offense Offender Program.
12    (b) A defendant is not eligible for this Program if:
13        (1) the offense was committed during the commission of
14    a violent offense as defined in subsection (h) of this
15    Section;
16        (2) he or she has previously been convicted or placed
17    on probation or conditional discharge for any violent
18    offense under the laws of this State, the laws of any other
19    state, or the laws of the United States;
20        (3) he or she had a prior successful completion of the
21    First Time Weapon Offense Offender Program under this
22    Section;
23        (4) he or she has previously been adjudicated a
24    delinquent minor for the commission of a violent offense;
25        (5) (blank); or he or she is 21 years of age or older;
26    or



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1        (6) he or she has an existing order of protection
2    issued against him or her.
3    (b-5) In considering whether a defendant shall be
4sentenced to the First Time Weapon Offense Offender Program,
5the court shall consider the following:
6        (1) the age, immaturity, or limited mental capacity of
7    the defendant;
8        (2) the nature and circumstances of the offense;
9        (3) whether participation in the Program is in the
10    interest of the defendant's rehabilitation, including any
11    employment or involvement in community, educational,
12    training, or vocational programs;
13        (4) whether the defendant suffers from trauma, as
14    supported by documentation or evaluation by a licensed
15    professional; and
16        (5) the potential risk to public safety.
17    (c) For an offense committed on or after January 1, 2018
18(the effective date of Public Act 100-3) and before January 1,
192024, whenever an eligible person pleads guilty to an unlawful
20use of weapons offense under Section 24-1 of the Criminal Code
21of 2012 or aggravated unlawful use of a weapon offense under
22Section 24-1.6 of the Criminal Code of 2012, which is
23punishable as a Class 4 felony or lower, the court, with the
24consent of the defendant and the State's Attorney, may,
25without entering a judgment, sentence the defendant to
26complete the First Time Weapon Offense Offender Program. When



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1a defendant is placed in the Program, the court shall defer
2further proceedings in the case until the conclusion of the
3period or until the filing of a petition alleging violation of
4a term or condition of the Program. Upon violation of a term or
5condition of the Program, the court may enter a judgment on its
6original finding of guilt and proceed as otherwise provided by
7law. Upon fulfillment of the terms and conditions of the
8Program, the court shall discharge the person and dismiss the
9proceedings against the person.
10    (d) The Program shall be at least 6 18 months and not to
11exceed 18 24 months, as determined by the court at the
12recommendation of the Program administrator and the State's
13Attorney. The Program administrator may be appointed by the
14Chief Judge of each Judicial Circuit.
15    (e) The conditions of the Program shall be that the
17        (1) not violate any criminal statute of this State or
18    any other jurisdiction;
19        (2) refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) (blank); obtain or attempt to obtain employment;
22        (4) (blank); attend educational courses designed to
23    prepare the defendant for obtaining a high school diploma
24    or to work toward passing high school equivalency testing
25    or to work toward completing a vocational training
26    program;



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



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1    Services; and
2        (3) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the
4    Methamphetamine Control and Community Protection Act or
5    the Illinois Controlled Substances Act, unless prescribed
6    by a physician, and submit samples of his or her blood or
7    urine or both for tests to determine the presence of any
8    illicit drug;
9        (4) perform community service; attend or reside in a
10    facility established for the instruction or residence of
11    defendants on probation.
12        (5) pay all fines, assessments, fees, and costs; and
13        (6) comply with such other reasonable conditions as
14    the court may impose.
15    (g) There may be only one discharge and dismissal under
16this Section. If a person is convicted of any offense which
17occurred within 5 years subsequent to a discharge and
18dismissal under this Section, the discharge and dismissal
19under this Section shall be admissible in the sentencing
20proceeding for that conviction as evidence in aggravation.
21    (h) For purposes of this Section, "violent offense" means
22any offense in which bodily harm was inflicted or force was
23used against any person or threatened against any person; any
24offense involving the possession of a firearm or dangerous
25weapon; any offense involving sexual conduct, sexual
26penetration, or sexual exploitation; violation of an order of



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1protection, stalking, hate crime, domestic battery, or any
2offense of domestic violence.
3    (i) (Blank). This Section is repealed on January 1, 2024.
4(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
5    Section 99. Effective date. This Act takes effect July 1,