Full Text of SB0424 103rd General Assembly
SB0424enr 103RD GENERAL ASSEMBLY |
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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amended by | 5 | | changing Section 5-6-3.6 as follows: | 6 | | (730 ILCS 5/5-6-3.6) | 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 5-6-3.6.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 | | 103rd General Assembly amendatory Act of the 100th General | 14 | | Assembly establishes a pilot program for first-time, | 15 | | non-violent offenders charged with certain weapons possession | 16 | | offenses. The General Assembly recognizes some persons, | 17 | | particularly young adults in areas of high crime or poverty, | 18 | | may have experienced trauma that contributes to poor decision | 19 | | making skills, and the creation of a diversionary program | 20 | | poses a greater benefit to the community and the person than | 21 | | incarceration. Under this program, a court, with the consent | 22 | | of the defendant and the State's Attorney, may sentence a | 23 | | defendant charged with an unlawful use of weapons offense |
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| 1 | | under Section 24-1 of the Criminal Code of 2012 or aggravated | 2 | | unlawful use of a weapon offense under Section 24-1.6 of the | 3 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 4 | | lower, 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 | 23 | | sentenced to the First Time Weapon Offense Offender Program, | 24 | | the 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, | 12 | | 2024, whenever an eligible person pleads guilty to an unlawful | 13 | | use of weapons offense under Section 24-1 of the Criminal Code | 14 | | of 2012 or aggravated unlawful use of a weapon offense under | 15 | | Section 24-1.6 of the Criminal Code of 2012, which is | 16 | | punishable as a Class 4 felony or lower, the court, with the | 17 | | consent of the defendant and the State's Attorney, may, | 18 | | without entering a judgment, sentence the defendant to | 19 | | complete the First Time Weapon Offense Offender Program. When | 20 | | a defendant is placed in the Program, the court shall defer | 21 | | further proceedings in the case until the conclusion of the | 22 | | period or until the filing of a petition alleging violation of | 23 | | a term or condition of the Program. Upon violation of a term or | 24 | | condition of the Program, the court may enter a judgment on its | 25 | | original finding of guilt and proceed as otherwise provided by | 26 | | law. Upon fulfillment of the terms and conditions of the |
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| 1 | | Program, the court shall discharge the person and dismiss the | 2 | | proceedings against the person. | 3 | | (d) The Program shall be at least 6 18 months and not to | 4 | | exceed 24 months, as determined by the court at the | 5 | | recommendation of the Program administrator and the State's | 6 | | Attorney. The Program administrator may be appointed by the | 7 | | Chief Judge of each Judicial Circuit. | 8 | | (e) The conditions of the Program shall be that the | 9 | | defendant: | 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, | 11 | | require 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 | 9 | | this Section. If a person is convicted of any offense which | 10 | | occurred within 5 years subsequent to a discharge and | 11 | | dismissal under this Section, the discharge and dismissal | 12 | | under this Section shall be admissible in the sentencing | 13 | | proceeding for that conviction as evidence in aggravation. | 14 | | (h) For purposes of this Section, "violent offense" means | 15 | | any offense in which bodily harm was inflicted or force was | 16 | | used against any person or threatened against any person; any | 17 | | offense involving the possession of a firearm or dangerous | 18 | | weapon; any offense involving sexual conduct, sexual | 19 | | penetration, or sexual exploitation; violation of an order of | 20 | | protection, stalking, hate crime, domestic battery, or any | 21 | | offense 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, | 25 | | 2023.
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