Full Text of HB3423 99th General Assembly
HB3423 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3423 Introduced , by Rep. Christian L. Mitchell SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/116-2.2 new | |
725 ILCS 120/4.5 |
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730 ILCS 5/5-5-3.1 | from Ch. 38, par. 1005-5-3.1 |
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Amends the Code of Criminal Procedure of 1963. Provides that a defendant may file a petition for resentencing in the circuit court of the county in which he or she was originally sentenced, when the conviction was for a felony or for solicitation, attempt, or conspiracy to commit a felony; provided that: (1) at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner; (2) the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct; (3) the petition shall present evidence supporting the defendant's assertion of (1) and (2) that was not presented at sentencing, and shall state why that evidence was not presented at sentencing; and (4) the defendant is incarcerated at the time the petition is filed. Provides that the burden of proof is on the defendant to establish, by a preponderance of the evidence, that at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner, and that the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that the court may grant the petition if it determines that at the time of the offense the defendant is or had been the victim of domestic violence, and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that if the court finds in favor of the defendant, it shall reduce the sentence in accordance with the current factors in mitigation in sentencing under the Unified Code of Corrections, as may be necessary and proper. Amends the Rights of Crime Victims and Witnesses Act and the Unified Code of Corrections to make conforming changes.
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| | A BILL FOR |
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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 Code of Criminal Procedure of 1963 is | 5 | | amended by adding Section 116-2.2 as follows: | 6 | | (725 ILCS 5/116-2.2 new) | 7 | | Sec. 116-2.2. Petition for sentence modification for | 8 | | domestic violence victims. | 9 | | (a) As used in this Section: | 10 | | "Domestic violence" means "abuse" as defined in Section 103 | 11 | | of the Illinois Domestic Violence Act of 1986. | 12 | | "Felony" has the meaning ascribed to the term in Section | 13 | | 2-7 of the Criminal Code of 2012. | 14 | | "Intimate partner" means spouses, former spouses, persons | 15 | | who have or allegedly have a child in common, or persons who | 16 | | have or have had a dating or engagement relationship. | 17 | | (b) A defendant may file a petition for resentencing in the | 18 | | circuit court of the county in which he or she was originally | 19 | | sentenced, when the conviction was for a felony or for | 20 | | solicitation, attempt, or conspiracy to commit a felony; | 21 | | provided that: | 22 | | (1) at the time of the offense the defendant is or had | 23 | | been the victim of domestic violence perpetrated by an |
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| 1 | | intimate partner; | 2 | | (2) the effects of the domestic violence tended to | 3 | | excuse or justify the defendant's criminal conduct; | 4 | | (3) the petition shall present evidence supporting the | 5 | | defendant's assertion of paragraphs (1) and (2) of this | 6 | | subsection that were not presented at sentencing, and shall | 7 | | state why that evidence was not presented at sentencing; | 8 | | and | 9 | | (4) the defendant is incarcerated at the time the | 10 | | petition is filed. | 11 | | (c) The defendant has the burden of proof to establish, by | 12 | | a preponderance of the evidence, that at the time of the | 13 | | offense the defendant is or had been the victim of domestic | 14 | | violence perpetrated by an intimate partner, and that the | 15 | | effects of the domestic violence tended to excuse or justify | 16 | | the defendant's criminal conduct. The petition shall be | 17 | | supported by an affidavit. Evidence of the domestic violence | 18 | | may include, but is not limited to: | 19 | | (1) civil or criminal court records, proceedings, | 20 | | pre-sentence reports, social services records, hospital | 21 | | records, sworn statements from a witness, law enforcement | 22 | | records, domestic incident reports, police reports, | 23 | | witness statements prepared or elicited by law enforcement | 24 | | officers, or orders of protection; | 25 | | (2) local and Department of Corrections records; or | 26 | | (3) verification of consultation with a licensed |
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| 1 | | medical or mental health care provider, employee of a court | 2 | | acting within the scope of his or her employment, clergy, | 3 | | attorney, social worker, or rape crisis counselor, | 4 | | advocate from an agency assisting victims of domestic | 5 | | violence, or other professional from whom the defendant has | 6 | | sought assistance in addressing the trauma associated with | 7 | | domestic violence. | 8 | | Alternatively, the court may consider any other evidence it | 9 | | deems of sufficient credibility and probative value in | 10 | | determining whether the defendant was or had been the victim of | 11 | | domestic violence at the time of the offense, and whether the | 12 | | effects of the domestic violence tended to excuse or justify | 13 | | the defendant's criminal conduct. This other evidence may | 14 | | include, but is not limited to, the court file of the | 15 | | proceeding in which the defendant was convicted, any action | 16 | | taken by an appellate court in the proceeding, and any | 17 | | transcripts of the proceeding. In its discretion the court may | 18 | | order the defendant brought before the court for the hearing. | 19 | | (d) Within 90 days after the filing and docketing of a | 20 | | petition, the court shall examine the petition and enter an | 21 | | order on the petition under this Section. | 22 | | (1) If the defendant is without counsel and alleges | 23 | | that he or she is without means to procure counsel, he or | 24 | | she shall state whether or not he or she wishes counsel to | 25 | | be appointed to represent the defendant. If appointment of | 26 | | counsel is requested, the court shall appoint counsel if |
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| 1 | | satisfied that the defendant has no means to procure | 2 | | counsel. | 3 | | (2) If the court determines the petition is frivolous | 4 | | or is patently without merit, it shall dismiss the petition | 5 | | in a written order, specifying the findings of fact and | 6 | | conclusions of law it made in reaching its decision. The | 7 | | order of dismissal is a final and appealable judgment and | 8 | | shall be served upon the defendant by certified mail within | 9 | | 10 days of its entry. | 10 | | (3) If the petition is not dismissed under this | 11 | | Section, the court shall order the petition to be docketed | 12 | | for further consideration and hearing within 180 days of | 13 | | the filing of the petition. Continuances may be granted as | 14 | | the court deems appropriate. | 15 | | (e) Within 30 days after the making of an order under | 16 | | paragraph (3) of subsection (d) or within any further time as | 17 | | the court may set, the State shall answer or move to dismiss. | 18 | | In the event that a petition to dismiss is filed and denied, | 19 | | the State must file an answer within 20 days after the denial. | 20 | | No other or further pleadings shall be filed except as the | 21 | | court may order on its own petition or on that of either party. | 22 | | The court may in its discretion grant leave, at any stage of | 23 | | the proceeding prior to entry of judgment, to withdraw the | 24 | | defendant's petition. The court may in its discretion make the | 25 | | order as to amendment of the petition or any other pleading, or | 26 | | as to pleading over, or filing further pleadings, or extending |
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| 1 | | the time of filing any pleading other than the original | 2 | | petition, as shall be appropriate, just, and reasonable and as | 3 | | generally provided in civil cases. | 4 | | (f) The court may grant the petition if it determines that | 5 | | at the time of the offense the defendant is or had been the | 6 | | victim of domestic violence, and the effects of the domestic | 7 | | violence tended to excuse or justify the defendant's criminal | 8 | | conduct. | 9 | | (g) If the court finds in favor of the defendant, it shall | 10 | | reduce the sentence in accordance with the factors in | 11 | | mitigation under Section 5-5-3.1 of the Unified Code of | 12 | | Corrections, as may be necessary and proper. | 13 | | Section 10. The Rights of Crime Victims and Witnesses Act | 14 | | is amended by changing Section 4.5 as follows:
| 15 | | (725 ILCS 120/4.5)
| 16 | | Sec. 4.5. Procedures to implement the rights of crime | 17 | | victims. To afford
crime victims their rights, law enforcement, | 18 | | prosecutors, judges and
corrections will provide information, | 19 | | as appropriate of the following
procedures:
| 20 | | (a) At the request of the crime victim, law enforcement | 21 | | authorities
investigating the case shall provide notice of the | 22 | | status of the investigation,
except where the State's Attorney | 23 | | determines that disclosure of such
information would | 24 | | unreasonably interfere with the investigation, until such
time |
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| 1 | | as the alleged assailant is apprehended or the investigation is | 2 | | closed.
| 3 | | (a-5) When law enforcement authorities re-open a closed | 4 | | case to resume investigating, they shall provide notice of the | 5 | | re-opening of the case, except where the State's Attorney | 6 | | determines that disclosure of such information would | 7 | | unreasonably interfere with the investigation. | 8 | | (b) The office of the State's Attorney:
| 9 | | (1) shall provide notice of the filing of information, | 10 | | the return of an
indictment by which a prosecution for any | 11 | | violent crime is commenced, or the
filing of a petition to | 12 | | adjudicate a minor as a delinquent for a violent
crime;
| 13 | | (2) shall provide notice of the date, time, and place | 14 | | of trial;
| 15 | | (3) or victim advocate personnel shall provide | 16 | | information of social
services and financial assistance | 17 | | available for victims of crime, including
information of | 18 | | how to apply for these services and assistance;
| 19 | | (3.5) or victim advocate personnel shall provide | 20 | | information about available victim services, including | 21 | | referrals to programs, counselors, and agencies that | 22 | | assist a victim to deal with trauma, loss, and grief;
| 23 | | (4) shall assist in having any stolen or other personal | 24 | | property held by
law enforcement authorities for | 25 | | evidentiary or other purposes returned as
expeditiously as | 26 | | possible, pursuant to the procedures set out in Section |
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| 1 | | 115-9
of the Code of Criminal Procedure of 1963;
| 2 | | (5) or victim advocate personnel shall provide | 3 | | appropriate employer
intercession services to ensure that | 4 | | employers of victims will cooperate with
the criminal | 5 | | justice system in order to minimize an employee's loss of | 6 | | pay and
other benefits resulting from court appearances;
| 7 | | (6) shall provide information whenever possible, of a | 8 | | secure waiting
area during court proceedings that does not | 9 | | require victims to be in close
proximity to defendant or | 10 | | juveniles accused of a violent crime, and their
families | 11 | | and friends;
| 12 | | (7) shall provide notice to the crime victim of the | 13 | | right to have a
translator present at all court proceedings | 14 | | and, in compliance with the federal Americans
with | 15 | | Disabilities Act of 1990, the right to communications | 16 | | access through a
sign language interpreter or by other | 17 | | means;
| 18 | | (8) in the case of the death of a person, which death | 19 | | occurred in the same
transaction or occurrence in which | 20 | | acts occurred for which a defendant is
charged with an | 21 | | offense, shall notify the spouse, parent, child or sibling | 22 | | of
the decedent of the date of the trial of the person or | 23 | | persons allegedly
responsible for the death;
| 24 | | (9) shall inform the victim of the right to have | 25 | | present at all court
proceedings, subject to the rules of | 26 | | evidence, an advocate or other support
person of the |
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| 1 | | victim's choice, and the right to retain an attorney, at | 2 | | the
victim's own expense, who, upon written notice filed | 3 | | with the clerk of the
court and State's Attorney, is to | 4 | | receive copies of all notices, motions and
court orders | 5 | | filed thereafter in the case, in the same manner as if the | 6 | | victim
were a named party in the case;
| 7 | | (9.5) shall inform the victim of (A) the victim's right | 8 | | under Section 6 of this Act to make a victim impact | 9 | | statement at the sentencing hearing; (B) the right of the | 10 | | victim's spouse, guardian, parent, grandparent and other | 11 | | immediate family and household members under Section 6 of | 12 | | this Act to present an impact statement at sentencing; and | 13 | | (C) if a presentence report is to be prepared, the right of | 14 | | the victim's spouse, guardian, parent, grandparent and | 15 | | other immediate family and household members to submit | 16 | | information to the preparer of the presentence report about | 17 | | the effect the offense has had on the victim and the | 18 | | person;
| 19 | | (10) at the sentencing hearing shall make a good faith | 20 | | attempt to explain
the minimum amount of time during which | 21 | | the defendant may actually be
physically imprisoned. The | 22 | | Office of the State's Attorney shall further notify
the | 23 | | crime victim of the right to request from the Prisoner | 24 | | Review Board
information concerning the release of the | 25 | | defendant under subparagraph (d)(1)
of this Section;
| 26 | | (11) shall request restitution at sentencing and shall |
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| 1 | | consider
restitution in any plea negotiation, as provided | 2 | | by law; and
| 3 | | (12) shall, upon the court entering a verdict of not | 4 | | guilty by reason of insanity, inform the victim of the | 5 | | notification services available from the Department of | 6 | | Human Services, including the statewide telephone number, | 7 | | under subparagraph (d)(2) of this Section. | 8 | | (c) At the written request of the crime victim, the office | 9 | | of the State's
Attorney shall:
| 10 | | (1) provide notice a reasonable time in advance of the | 11 | | following court
proceedings: preliminary hearing, any | 12 | | hearing the effect of which may be the
release of defendant | 13 | | from custody, or to alter the conditions of bond and the
| 14 | | sentencing hearing. The crime victim shall also be notified | 15 | | of the
cancellation of the court proceeding in sufficient | 16 | | time, wherever possible, to
prevent an unnecessary | 17 | | appearance in court;
| 18 | | (2) provide notice within a reasonable time after | 19 | | receipt of notice from
the custodian, of the release of the | 20 | | defendant on bail or personal recognizance
or the release | 21 | | from detention of a minor who has been detained for a | 22 | | violent
crime;
| 23 | | (3) explain in nontechnical language the details of any | 24 | | plea or verdict of
a defendant, or any adjudication of a | 25 | | juvenile as a delinquent for a violent
crime;
| 26 | | (4) where practical, consult with the crime victim |
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| 1 | | before the Office of
the State's Attorney makes an offer of | 2 | | a plea bargain to the defendant or
enters into negotiations | 3 | | with the defendant concerning a possible plea
agreement, | 4 | | and shall consider the written victim impact statement, if | 5 | | prepared
prior to entering into a plea agreement;
| 6 | | (5) provide notice of the ultimate disposition of the | 7 | | cases arising from
an indictment or an information, or a | 8 | | petition to have a juvenile adjudicated
as a delinquent for | 9 | | a violent crime;
| 10 | | (6) provide notice of any appeal taken by the defendant | 11 | | and information
on how to contact the appropriate agency | 12 | | handling the appeal;
| 13 | | (7) provide notice of any request for post-conviction | 14 | | review filed by the
defendant under Article 122 of the Code | 15 | | of Criminal Procedure of 1963, and of
the date, time and | 16 | | place of any hearing concerning the petition. Whenever
| 17 | | possible, notice of the hearing shall be given in advance;
| 18 | | (7.5) provide notice of any request for resentencing | 19 | | filed by the defendant under Section 116-2.2 of the Code of | 20 | | Criminal Procedure of 1963, and of the date, time, and | 21 | | place of any hearing concerning the petition;
| 22 | | (8) forward a copy of any statement presented under | 23 | | Section 6 to the
Prisoner Review Board to be considered by | 24 | | the Board in making its determination
under subsection (b) | 25 | | of Section 3-3-8 of the Unified Code of Corrections.
| 26 | | (d)(1) The Prisoner Review Board shall inform a victim or |
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| 1 | | any other
concerned citizen, upon written request, of the | 2 | | prisoner's release on parole, aftercare release,
mandatory | 3 | | supervised release, electronic detention, work release, | 4 | | international transfer or exchange, or by the
custodian of the | 5 | | discharge of any individual who was adjudicated a delinquent
| 6 | | for a violent crime from State custody and by the sheriff of | 7 | | the appropriate
county of any such person's final discharge | 8 | | from county custody.
The Prisoner Review Board, upon written | 9 | | request, shall provide to a victim or
any other concerned | 10 | | citizen a recent photograph of any person convicted of a
| 11 | | felony, upon his or her release from custody.
The Prisoner
| 12 | | Review Board, upon written request, shall inform a victim or | 13 | | any other
concerned citizen when feasible at least 7 days prior | 14 | | to the prisoner's release
on furlough of the times and dates of | 15 | | such furlough. Upon written request by
the victim or any other | 16 | | concerned citizen, the State's Attorney shall notify
the person | 17 | | once of the times and dates of release of a prisoner sentenced | 18 | | to
periodic imprisonment. Notification shall be based on the | 19 | | most recent
information as to victim's or other concerned | 20 | | citizen's residence or other
location available to the | 21 | | notifying authority.
| 22 | | (2) When the defendant has been committed to the Department | 23 | | of
Human Services pursuant to Section 5-2-4 or any other
| 24 | | provision of the Unified Code of Corrections, the victim may | 25 | | request to be
notified by the releasing authority of the | 26 | | approval by the court of an on-grounds pass, a supervised |
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| 1 | | off-grounds pass, an unsupervised off-grounds pass, or | 2 | | conditional release; the release on an off-grounds pass; the | 3 | | return from an off-grounds pass; transfer to another facility; | 4 | | conditional release; escape; death; or final discharge from | 5 | | State
custody. The Department of Human Services shall establish | 6 | | and maintain a statewide telephone number to be used by victims | 7 | | to make notification requests under these provisions and shall | 8 | | publicize this telephone number on its website and to the | 9 | | State's Attorney of each county.
| 10 | | (3) In the event of an escape from State custody, the | 11 | | Department of
Corrections or the Department of Juvenile Justice | 12 | | immediately shall notify the Prisoner Review Board of the | 13 | | escape
and the Prisoner Review Board shall notify the victim. | 14 | | The notification shall
be based upon the most recent | 15 | | information as to the victim's residence or other
location | 16 | | available to the Board. When no such information is available, | 17 | | the
Board shall make all reasonable efforts to obtain the | 18 | | information and make
the notification. When the escapee is | 19 | | apprehended, the Department of
Corrections or the Department of | 20 | | Juvenile Justice immediately shall notify the Prisoner Review | 21 | | Board and the Board
shall notify the victim.
| 22 | | (4) The victim of the crime for which the prisoner has been | 23 | | sentenced
shall receive reasonable written notice not less than | 24 | | 30 days prior to the
parole or aftercare release hearing and | 25 | | may submit, in writing, on film, videotape or other
electronic | 26 | | means or in the form of a recording or in person at the parole |
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| 1 | | or aftercare release hearing
or if a victim of a violent crime, | 2 | | by calling the
toll-free number established in subsection (f) | 3 | | of this Section, information
for
consideration by the Prisoner | 4 | | Review Board. The
victim shall be notified within 7 days after | 5 | | the prisoner has been granted
parole or aftercare release and | 6 | | shall be informed of the right to inspect the registry of | 7 | | parole or aftercare release
decisions, established under | 8 | | subsection (g) of Section 3-3-5 of the Unified
Code of | 9 | | Corrections. The provisions of this paragraph (4) are subject | 10 | | to the
Open Parole Hearings Act.
| 11 | | (5) If a statement is presented under Section 6, the | 12 | | Prisoner Review Board
shall inform the victim of any order of | 13 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 14 | | Unified Code of Corrections.
| 15 | | (6) At the written request of the victim of the crime for | 16 | | which the
prisoner was sentenced or the State's Attorney of the | 17 | | county where the person seeking parole or aftercare release was | 18 | | prosecuted, the Prisoner Review Board shall notify the victim | 19 | | and the State's Attorney of the county where the person seeking | 20 | | parole or aftercare release was prosecuted of
the death of the | 21 | | prisoner if the prisoner died while on parole or aftercare | 22 | | release or mandatory
supervised release.
| 23 | | (7) When a defendant who has been committed to the | 24 | | Department of
Corrections, the Department of Juvenile Justice, | 25 | | or the Department of Human Services is released or discharged | 26 | | and
subsequently committed to the Department of Human Services |
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| 1 | | as a sexually
violent person and the victim had requested to be | 2 | | notified by the releasing
authority of the defendant's | 3 | | discharge, conditional release, death, or escape from State | 4 | | custody, the releasing
authority shall provide to the | 5 | | Department of Human Services such information
that would allow | 6 | | the Department of Human Services to contact the victim.
| 7 | | (8) When a defendant has been convicted of a sex offense as | 8 | | defined in Section 2 of the Sex Offender Registration Act and | 9 | | has been sentenced to the Department of Corrections or the | 10 | | Department of Juvenile Justice, the Prisoner Review Board shall | 11 | | notify the victim of the sex offense of the prisoner's | 12 | | eligibility for release on parole, aftercare release,
| 13 | | mandatory supervised release, electronic detention, work | 14 | | release, international transfer or exchange, or by the
| 15 | | custodian of the discharge of any individual who was | 16 | | adjudicated a delinquent
for a sex offense from State custody | 17 | | and by the sheriff of the appropriate
county of any such | 18 | | person's final discharge from county custody. The notification | 19 | | shall be made to the victim at least 30 days, whenever | 20 | | possible, before release of the sex offender. | 21 | | (e) The officials named in this Section may satisfy some or | 22 | | all of their
obligations to provide notices and other | 23 | | information through participation in a
statewide victim and | 24 | | witness notification system established by the Attorney
| 25 | | General under Section 8.5 of this Act.
| 26 | | (f) To permit a victim of a violent crime to provide |
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| 1 | | information to the
Prisoner Review Board for consideration by | 2 | | the
Board at a parole or aftercare release hearing of a person | 3 | | who committed the crime against
the victim in accordance with | 4 | | clause (d)(4) of this Section or at a proceeding
to determine | 5 | | the conditions of mandatory supervised release of a person
| 6 | | sentenced to a determinate sentence or at a hearing on | 7 | | revocation of mandatory
supervised release of a person | 8 | | sentenced to a determinate sentence, the Board
shall establish | 9 | | a toll-free number that may be accessed by the victim of
a | 10 | | violent crime to present that information to the Board.
| 11 | | (Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | 12 | | eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | 13 | | eff. 1-1-14; 98-756, eff. 7-16-14.)
| 14 | | Section 15. The Unified Code of Corrections is amended by | 15 | | changing Section 5-5-3.1 as follows:
| 16 | | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| 17 | | Sec. 5-5-3.1. Factors in Mitigation.
| 18 | | (a) The following
grounds shall be accorded weight in favor | 19 | | of withholding or
minimizing a sentence of imprisonment:
| 20 | | (1) The defendant's criminal conduct neither caused | 21 | | nor
threatened serious physical harm to another.
| 22 | | (2) The defendant did not contemplate that his criminal | 23 | | conduct would
cause or threaten serious physical harm to | 24 | | another.
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| 1 | | (3) The defendant acted under a strong provocation.
| 2 | | (4) There were substantial grounds tending to excuse or | 3 | | justify
the defendant's criminal conduct, though failing | 4 | | to establish a
defense.
| 5 | | (5) The defendant's criminal conduct was induced or | 6 | | facilitated
by someone other than the defendant.
| 7 | | (6) The defendant has compensated or will compensate | 8 | | the victim
of his criminal conduct for the damage or injury | 9 | | that he sustained.
| 10 | | (7) The defendant has no history of prior delinquency | 11 | | or
criminal activity or has led a law-abiding life for a | 12 | | substantial
period of time before the commission of the | 13 | | present crime.
| 14 | | (8) The defendant's criminal conduct was the result of
| 15 | | circumstances unlikely to recur.
| 16 | | (9) The character and attitudes of the defendant | 17 | | indicate that he is
unlikely to commit another crime.
| 18 | | (10) The defendant is particularly likely to comply | 19 | | with the terms of
a period of probation.
| 20 | | (11) The imprisonment of the defendant would entail | 21 | | excessive
hardship to his dependents.
| 22 | | (12) The imprisonment of the defendant would endanger | 23 | | his or her medical
condition.
| 24 | | (13) The defendant was intellectually disabled as | 25 | | defined in Section 5-1-13 of
this Code.
| 26 | | (14) The defendant sought or obtained emergency |
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| 1 | | medical assistance for an overdose and was convicted of a | 2 | | Class 3 felony or higher possession, manufacture, or | 3 | | delivery of a controlled, counterfeit, or look-alike | 4 | | substance or a controlled substance analog under the | 5 | | Illinois Controlled Substances Act or a Class 2 felony or | 6 | | higher possession, manufacture or delivery of | 7 | | methamphetamine under the Methamphetamine Control and | 8 | | Community Protection Act. | 9 | | (15) At the time of the offense, the defendant is or | 10 | | had been the victim of domestic violence and the effects of | 11 | | the domestic violence tended to excuse or justify the | 12 | | defendant's criminal conduct. As used in this paragraph, | 13 | | "domestic violence" means "abuse" as defined in Section 103 | 14 | | of the Illinois Domestic Violence Act of 1986. | 15 | | (b) If the court, having due regard for the character of | 16 | | the
offender, the nature and circumstances of the offense and | 17 | | the
public interest finds that a sentence of imprisonment is | 18 | | the
most appropriate disposition of the offender, or where | 19 | | other
provisions of this Code mandate the imprisonment of the | 20 | | offender,
the grounds listed in paragraph (a) of this | 21 | | subsection shall be
considered as factors in mitigation of the | 22 | | term imposed.
| 23 | | (Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, | 24 | | eff. 8-16-13.)
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