Full Text of SB1497 98th General Assembly
SB1497enr 98TH 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 Veterans and Servicemembers Court
Treatment | 5 | | Act is amended by changing Section 20 as follows: | 6 | | (730 ILCS 167/20)
| 7 | | Sec. 20. Eligibility. Veterans and Servicemembers are | 8 | | eligible for Veterans and
Servicemembers Courts, provided the | 9 | | following:
| 10 | | (a) A defendant , who is eligible for probation based on the | 11 | | nature of the crime convicted of and in consideration of his or | 12 | | her criminal background, if any, may be admitted into a | 13 | | Veterans and Servicemembers Court program
only upon the | 14 | | agreement of the prosecutor and the defendant and with the | 15 | | approval of the Court.
| 16 | | (b) A defendant shall be excluded from Veterans and | 17 | | Servicemembers Court program if
any of one of the following | 18 | | applies:
| 19 | | (1) The crime is a crime of violence as set forth in | 20 | | clause (3) of this subsection (b). | 21 | | (2) The defendant does not demonstrate a willingness to | 22 | | participate in a treatment
program.
| 23 | | (3) The defendant has been convicted of a crime of |
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| 1 | | violence within the past 10
years excluding incarceration | 2 | | time, including but not limited to: first degree murder,
| 3 | | second degree murder, predatory criminal sexual assault of | 4 | | a child, aggravated criminal
sexual assault, criminal | 5 | | sexual assault, armed robbery, aggravated arson, arson,
| 6 | | aggravated kidnapping and kidnapping, aggravated battery | 7 | | resulting in great bodily harm
or permanent disability, | 8 | | stalking, aggravated stalking, or any offense involving | 9 | | the
discharge of a firearm or where occurred serious bodily | 10 | | injury or death to any person. | 11 | | (4) (Blank).
| 12 | | (5) The crime for which the defendant has been | 13 | | convicted is non-probationable. | 14 | | (6) The sentence imposed on the defendant, whether the | 15 | | result of a plea or a finding of guilt, renders the | 16 | | defendant ineligible for probation.
| 17 | | (Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.) | 18 | | Section 10. The Mental Health Court Treatment Act is | 19 | | amended by changing Section 20 as follows: | 20 | | (730 ILCS 168/20)
| 21 | | Sec. 20. Eligibility. | 22 | | (a) A defendant , who is eligible for probation based on the | 23 | | nature of the crime convicted of and in consideration of his or | 24 | | her criminal background, if any, may be admitted into a mental |
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| 1 | | health court program only upon the agreement of the prosecutor | 2 | | and the defendant and with the approval of the court. | 3 | | (b) A defendant shall be excluded from a mental health | 4 | | court program if any one of the following applies: | 5 | | (1) The crime is a crime of violence as set forth in | 6 | | clause (3) of this subsection (b). | 7 | | (2) The defendant does not demonstrate a willingness to | 8 | | participate in a treatment program. | 9 | | (3) The defendant has been convicted of a crime of | 10 | | violence within the past 10 years excluding incarceration | 11 | | time, specifically first degree murder, second degree | 12 | | murder, predatory criminal sexual assault of a child, | 13 | | aggravated criminal sexual assault, criminal sexual | 14 | | assault, armed robbery, aggravated arson, arson, | 15 | | aggravated kidnapping, kidnapping, stalking, aggravated | 16 | | stalking, or any offense involving the discharge of a | 17 | | firearm. | 18 | | (4) (Blank). | 19 | | (5) The crime for which the defendant has been | 20 | | convicted is non-probationable. | 21 | | (6) The sentence imposed on the defendant, whether the | 22 | | result of a plea or a finding of guilt, renders the | 23 | | defendant ineligible for probation.
| 24 | | (Source: P.A. 97-946, eff. 8-13-12.)
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