Full Text of HB5285 103rd General Assembly
HB5285enr 103RD GENERAL ASSEMBLY | | | HB5285 Enrolled | | LRB103 37363 RLC 67484 b |
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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 Criminal Code of 2012 is amended by | 5 | | changing Section 2-5 as follows: | 6 | | (720 ILCS 5/2-5) (from Ch. 38, par. 2-5) | 7 | | Sec. 2-5. "Conviction". "Conviction" means a judgment of | 8 | | conviction or sentence entered upon a plea of guilty or upon a | 9 | | verdict or finding of guilty of an offense, rendered by a | 10 | | legally constituted jury or by a court of competent | 11 | | jurisdiction authorized to try the case without a jury. If | 12 | | judgment is withheld, the plea, verdict, or finding of guilty | 13 | | is not a conviction under Illinois law unless and until | 14 | | judgment is entered. | 15 | | (Source: Laws 1961, p. 1983 .) | 16 | | Section 10. The Cannabis Control Act is amended by | 17 | | changing Section 10 as follows: | 18 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710) | 19 | | Sec. 10. (a) Whenever any person who has not previously | 20 | | been convicted of any felony offense under this Act or any law | 21 | | of the United States or of any State relating to cannabis, or |
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| 1 | | controlled substances as defined in the Illinois Controlled | 2 | | Substances Act, pleads guilty to or is found guilty of | 3 | | violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of | 4 | | this Act, the court may, without entering a judgment and with | 5 | | the consent of such person, sentence him to probation. A | 6 | | sentence under this Section shall not be considered a | 7 | | conviction under Illinois law unless and until judgment is | 8 | | entered under subsection (e) of this Section. | 9 | | (b) When a person is placed on probation, the court shall | 10 | | enter an order specifying a period of probation of 24 months, | 11 | | and shall defer further proceedings in the case until the | 12 | | conclusion of the period or until the filing of a petition | 13 | | alleging violation of a term or condition of probation. | 14 | | (c) The conditions of probation shall be that the person: | 15 | | (1) not violate any criminal statute of any jurisdiction; (2) | 16 | | refrain from possession of a firearm or other dangerous | 17 | | weapon; (3) submit to periodic drug testing at a time and in a | 18 | | manner as ordered by the court, but no less than 3 times during | 19 | | the period of the probation, with the cost of the testing to be | 20 | | paid by the probationer; and (4) perform no less than 30 hours | 21 | | of community service, provided community service is available | 22 | | in the jurisdiction and is funded and approved by the county | 23 | | board. The court may give credit toward the fulfillment of | 24 | | community service hours for participation in activities and | 25 | | treatment as determined by court services. | 26 | | (d) The court may, in addition to other conditions, |
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| 1 | | require that the person: | 2 | | (1) make a report to and appear in person before or | 3 | | participate with the court or such courts, person, or | 4 | | social service agency as directed by the court in the | 5 | | order of probation; | 6 | | (2) pay a fine and costs; | 7 | | (3) work or pursue a course of study or vocational | 8 | | training; | 9 | | (4) undergo medical or psychiatric treatment; or | 10 | | treatment for drug addiction or alcoholism; | 11 | | (5) attend or reside in a facility established for the | 12 | | instruction or residence of defendants on probation; | 13 | | (6) support his dependents; | 14 | | (7) refrain from possessing a firearm or other | 15 | | dangerous weapon; | 16 | | (7-5) refrain from having in his or her body the | 17 | | presence of any illicit drug prohibited by the Cannabis | 18 | | Control Act, the Illinois Controlled Substances Act, or | 19 | | the Methamphetamine Control and Community Protection Act, | 20 | | unless prescribed by a physician, and submit samples of | 21 | | his or her blood or urine or both for tests to determine | 22 | | the presence of any illicit drug; | 23 | | (8) and in addition, if a minor: | 24 | | (i) reside with his parents or in a foster home; | 25 | | (ii) attend school; | 26 | | (iii) attend a non-residential program for youth; |
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| 1 | | (iv) provide nonfinancial contributions to his own | 2 | | support at home or in a foster home. | 3 | | (e) Upon violation of a term or condition of probation, | 4 | | the court may enter a judgment on its original finding of guilt | 5 | | and proceed as otherwise provided. | 6 | | (f) Upon fulfillment of the terms and conditions of | 7 | | probation, the court shall discharge such person and dismiss | 8 | | the proceedings against him. | 9 | | (g) A disposition of probation is considered to be a | 10 | | conviction for the purposes of imposing the conditions of | 11 | | probation and for appeal, however, a sentence discharge and | 12 | | dismissal under this Section is not a conviction for purposes | 13 | | of disqualification or disabilities imposed by law upon | 14 | | conviction of a crime (including the additional penalty | 15 | | imposed for subsequent offenses under Section 4(c), 4(d), 5(c) | 16 | | or 5(d) of this Act) unless and until judgment is entered . | 17 | | (h) A person may not have more than one discharge and | 18 | | dismissal under this Section within a 4-year period. | 19 | | (i) If a person is convicted of an offense under this Act, | 20 | | the Illinois Controlled Substances Act, or the Methamphetamine | 21 | | Control and Community Protection Act within 5 years subsequent | 22 | | to a discharge and dismissal under this Section, the discharge | 23 | | and dismissal under this Section shall be admissible in the | 24 | | sentencing proceeding for that conviction as a factor in | 25 | | aggravation. | 26 | | (j) Notwithstanding subsection (a), before a person is |
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| 1 | | sentenced to probation under this Section, the court may refer | 2 | | the person to the drug court established in that judicial | 3 | | circuit pursuant to Section 15 of the Drug Court Treatment | 4 | | Act. The drug court team shall evaluate the person's | 5 | | likelihood of successfully completing a sentence of probation | 6 | | under this Section and shall report the results of its | 7 | | evaluation to the court. If the drug court team finds that the | 8 | | person suffers from a substance abuse problem that makes him | 9 | | or her substantially unlikely to successfully complete a | 10 | | sentence of probation under this Section, then the drug court | 11 | | shall set forth its findings in the form of a written order, | 12 | | and the person shall not be sentenced to probation under this | 13 | | Section, but shall be considered for the drug court program. | 14 | | (k) Fines and assessments, such as fees or administrative | 15 | | costs, authorized under this Section shall not be ordered or | 16 | | imposed against a minor subject to Article III, IV, or V of the | 17 | | Juvenile Court Act of 1987, or a minor under the age of 18 | 18 | | transferred to adult court or excluded from juvenile court | 19 | | jurisdiction under Article V of the Juvenile Court Act of | 20 | | 1987, or the minor's parent, guardian, or legal custodian. | 21 | | (Source: P.A. 103-379, eff. 7-28-23.) | 22 | | Section 15. The Illinois Controlled Substances Act is | 23 | | amended by changing Section 410 as follows: | 24 | | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410) |
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| 1 | | Sec. 410. (a) Whenever any person who has not previously | 2 | | been convicted of any felony offense under this Act or any law | 3 | | of the United States or of any State relating to cannabis or | 4 | | controlled substances, pleads guilty to or is found guilty of | 5 | | possession of a controlled or counterfeit substance under | 6 | | subsection (c) of Section 402 or of unauthorized possession of | 7 | | prescription form under Section 406.2, the court, without | 8 | | entering a judgment and with the consent of such person, may | 9 | | sentence him or her to probation. A sentence under this | 10 | | Section shall not be considered a conviction under Illinois | 11 | | law unless and until judgment is entered under subsection (e) | 12 | | of this Section. | 13 | | (b) When a person is placed on probation, the court shall | 14 | | enter an order specifying a period of probation of 24 months | 15 | | and shall defer further proceedings in the case until the | 16 | | conclusion of the period or until the filing of a petition | 17 | | alleging violation of a term or condition of probation. | 18 | | (c) The conditions of probation shall be that the person: | 19 | | (1) not violate any criminal statute of any jurisdiction; (2) | 20 | | refrain from possessing a firearm or other dangerous weapon; | 21 | | (3) submit to periodic drug testing at a time and in a manner | 22 | | as ordered by the court, but no less than 3 times during the | 23 | | period of the probation, with the cost of the testing to be | 24 | | paid by the probationer; and (4) perform no less than 30 hours | 25 | | of community service, provided community service is available | 26 | | in the jurisdiction and is funded and approved by the county |
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| 1 | | board. The court may give credit toward the fulfillment of | 2 | | community service hours for participation in activities and | 3 | | treatment as determined by court services. | 4 | | (d) The court may, in addition to other conditions, | 5 | | require that the person: | 6 | | (1) make a report to and appear in person before or | 7 | | participate with the court or such courts, person, or | 8 | | social service agency as directed by the court in the | 9 | | order of probation; | 10 | | (2) pay a fine and costs; | 11 | | (3) work or pursue a course of study or vocational | 12 | | training; | 13 | | (4) undergo medical or psychiatric treatment; or | 14 | | treatment or rehabilitation approved by the Illinois | 15 | | Department of Human Services; | 16 | | (5) attend or reside in a facility established for the | 17 | | instruction or residence of defendants on probation; | 18 | | (6) support his or her dependents; | 19 | | (6-5) refrain from having in his or her body the | 20 | | presence of any illicit drug prohibited by the Cannabis | 21 | | Control Act, the Illinois Controlled Substances Act, or | 22 | | the Methamphetamine Control and Community Protection Act, | 23 | | unless prescribed by a physician, and submit samples of | 24 | | his or her blood or urine or both for tests to determine | 25 | | the presence of any illicit drug; | 26 | | (7) and in addition, if a minor: |
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| 1 | | (i) reside with his or her parents or in a foster | 2 | | home; | 3 | | (ii) attend school; | 4 | | (iii) attend a non-residential program for youth; | 5 | | (iv) contribute to his or her own support at home | 6 | | or in a foster home. | 7 | | (e) Upon violation of a term or condition of probation, | 8 | | the court may enter a judgment on its original finding of guilt | 9 | | and proceed as otherwise provided. | 10 | | (f) Upon fulfillment of the terms and conditions of | 11 | | probation, the court shall discharge the person and dismiss | 12 | | the proceedings against him or her. | 13 | | (g) A disposition of probation is considered to be a | 14 | | conviction for the purposes of imposing the conditions of | 15 | | probation and for appeal, however, a sentence discharge and | 16 | | dismissal under this Section is not a conviction for purposes | 17 | | of this Act or for purposes of disqualifications or | 18 | | disabilities imposed by law upon conviction of a crime unless | 19 | | and until judgment is entered . | 20 | | (h) A person may not have more than one discharge and | 21 | | dismissal under this Section within a 4-year period. | 22 | | (i) If a person is convicted of an offense under this Act, | 23 | | the Cannabis Control Act, or the Methamphetamine Control and | 24 | | Community Protection Act within 5 years subsequent to a | 25 | | discharge and dismissal under this Section, the discharge and | 26 | | dismissal under this Section shall be admissible in the |
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| 1 | | sentencing proceeding for that conviction as evidence in | 2 | | aggravation. | 3 | | (j) Notwithstanding subsection (a), before a person is | 4 | | sentenced to probation under this Section, the court may refer | 5 | | the person to the drug court established in that judicial | 6 | | circuit pursuant to Section 15 of the Drug Court Treatment | 7 | | Act. The drug court team shall evaluate the person's | 8 | | likelihood of successfully completing a sentence of probation | 9 | | under this Section and shall report the results of its | 10 | | evaluation to the court. If the drug court team finds that the | 11 | | person suffers from a substance abuse problem that makes him | 12 | | or her substantially unlikely to successfully complete a | 13 | | sentence of probation under this Section, then the drug court | 14 | | shall set forth its findings in the form of a written order, | 15 | | and the person shall not be sentenced to probation under this | 16 | | Section, but shall be considered for the drug court program. | 17 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; | 18 | | 100-575, eff. 1-8-18.) | 19 | | Section 20. The Methamphetamine Control and Community | 20 | | Protection Act is amended by changing Section 70 as follows: | 21 | | (720 ILCS 646/70) | 22 | | Sec. 70. Probation. | 23 | | (a) Whenever any person who has not previously been | 24 | | convicted of any felony offense under this Act, the Illinois |
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| 1 | | Controlled Substances Act, the Cannabis Control Act, or any | 2 | | law of the United States or of any state relating to cannabis | 3 | | or controlled substances, pleads guilty to or is found guilty | 4 | | of possession of less than 15 grams of methamphetamine under | 5 | | paragraph (1) or (2) of subsection (b) of Section 60 of this | 6 | | Act, the court, without entering a judgment and with the | 7 | | consent of the person, may sentence him or her to probation. A | 8 | | sentence under this Section shall not be considered a | 9 | | conviction under Illinois law unless and until judgment is | 10 | | entered under subsection (e) of this Section. | 11 | | (b) When a person is placed on probation, the court shall | 12 | | enter an order specifying a period of probation of 24 months | 13 | | and shall defer further proceedings in the case until the | 14 | | conclusion of the period or until the filing of a petition | 15 | | alleging violation of a term or condition of probation. | 16 | | (c) The conditions of probation shall be that the person: | 17 | | (1) not violate any criminal statute of any | 18 | | jurisdiction; | 19 | | (2) refrain from possessing a firearm or other | 20 | | dangerous weapon; | 21 | | (3) submit to periodic drug testing at a time and in a | 22 | | manner as ordered by the court, but no less than 3 times | 23 | | during the period of the probation, with the cost of the | 24 | | testing to be paid by the probationer; and | 25 | | (4) perform no less than 30 hours of community | 26 | | service, if community service is available in the |
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| 1 | | jurisdiction and is funded and approved by the county | 2 | | board. The court may give credit toward the fulfillment of | 3 | | community service hours for participation in activities | 4 | | and treatment as determined by court services. | 5 | | (d) The court may, in addition to other conditions, | 6 | | require that the person take one or more of the following | 7 | | actions: | 8 | | (1) make a report to and appear in person before or | 9 | | participate with the court or such courts, person, or | 10 | | social service agency as directed by the court in the | 11 | | order of probation; | 12 | | (2) pay a fine and costs; | 13 | | (3) work or pursue a course of study or vocational | 14 | | training; | 15 | | (4) undergo medical or psychiatric treatment; or | 16 | | treatment or rehabilitation approved by the Illinois | 17 | | Department of Human Services; | 18 | | (5) attend or reside in a facility established for the | 19 | | instruction or residence of defendants on probation; | 20 | | (6) support his or her dependents; | 21 | | (7) refrain from having in his or her body the | 22 | | presence of any illicit drug prohibited by this 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; or |
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| 1 | | (8) if a minor: | 2 | | (i) reside with his or her parents or in a foster | 3 | | home; | 4 | | (ii) attend school; | 5 | | (iii) attend a non-residential program for youth; | 6 | | or | 7 | | (iv) contribute to his or her own support at home | 8 | | or in a foster home. | 9 | | (e) Upon violation of a term or condition of probation, | 10 | | the court may enter a judgment on its original finding of guilt | 11 | | and proceed as otherwise provided. | 12 | | (f) Upon fulfillment of the terms and conditions of | 13 | | probation, the court shall discharge the person and dismiss | 14 | | the proceedings against the person. | 15 | | (g) A disposition of probation is considered to be a | 16 | | conviction for the purposes of imposing the conditions of | 17 | | probation and for appeal, however, a sentence discharge and | 18 | | dismissal under this Section is not a conviction for purposes | 19 | | of this Act or for purposes of disqualifications or | 20 | | disabilities imposed by law upon conviction of a crime unless | 21 | | and until judgment is entered . | 22 | | (h) A person may not have more than one discharge and | 23 | | dismissal under this Section within a 4-year period. | 24 | | (i) If a person is convicted of an offense under this Act, | 25 | | the Cannabis Control Act, or the Illinois Controlled | 26 | | Substances Act within 5 years subsequent to a discharge and |
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| 1 | | dismissal under this Section, the discharge and dismissal | 2 | | under this Section are admissible in the sentencing proceeding | 3 | | for that conviction as evidence in aggravation. | 4 | | (j) Notwithstanding subsection (a), before a person is | 5 | | sentenced to probation under this Section, the court may refer | 6 | | the person to the drug court established in that judicial | 7 | | circuit pursuant to Section 15 of the Drug Court Treatment | 8 | | Act. The drug court team shall evaluate the person's | 9 | | likelihood of successfully completing a sentence of probation | 10 | | under this Section and shall report the results of its | 11 | | evaluation to the court. If the drug court team finds that the | 12 | | person suffers from a substance abuse problem that makes him | 13 | | or her substantially unlikely to successfully complete a | 14 | | sentence of probation under this Section, then the drug court | 15 | | shall set forth its findings in the form of a written order, | 16 | | and the person shall not be sentenced to probation under this | 17 | | Section, but shall be considered for the drug court program. | 18 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; | 19 | | 100-575, eff. 1-8-18.) | 20 | | Section 25. The Unified Code of Corrections is amended by | 21 | | changing Sections 5-6-3.4 and 5-6-3.6 as follows: | 22 | | (730 ILCS 5/5-6-3.4) | 23 | | Sec. 5-6-3.4. Second Chance Probation. | 24 | | (a) Whenever any person who has not previously been |
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| 1 | | convicted of any felony offense under the laws of this State, | 2 | | the laws of any other state, or the laws of the United States, | 3 | | and pleads guilty to, or is found guilty of, possession of less | 4 | | than 15 grams of a controlled substance; possession of less | 5 | | than 15 grams of methamphetamine; or a probationable felony | 6 | | offense of possession of cannabis, theft, retail theft, | 7 | | forgery, deceptive practices, possession of a stolen motor | 8 | | vehicle, burglary, possession of burglary tools, disorderly | 9 | | conduct, criminal damage or trespass to property under Article | 10 | | 21 of the Criminal Code of 2012, criminal trespass to a | 11 | | residence, an offense involving fraudulent identification, or | 12 | | obstructing justice; or possession of cannabis, the court, | 13 | | with the consent of the defendant and the State's Attorney, | 14 | | may, without entering a judgment, sentence the defendant to | 15 | | probation under this Section. A sentence under this Section | 16 | | shall not be considered a conviction under Illinois law unless | 17 | | and until judgment is entered under subsection (e) of this | 18 | | Section. | 19 | | (a-1) Exemptions. A defendant is not eligible for this | 20 | | probation if the offense he or she pleads guilty to, or is | 21 | | found guilty of, is a violent offense, or he or she has | 22 | | previously been convicted of a violent offense. For purposes | 23 | | of this probation, a "violent offense" is any offense where | 24 | | bodily harm was inflicted or where force was used against any | 25 | | person or threatened against any person, any offense involving | 26 | | sexual conduct, sexual penetration, or sexual exploitation, |
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| 1 | | any offense of domestic violence, domestic battery, violation | 2 | | of an order of protection, stalking, hate crime, and any | 3 | | offense involving the possession of a firearm or dangerous | 4 | | weapon. A defendant shall not be eligible for this probation | 5 | | if he or she has previously been adjudicated a delinquent | 6 | | minor for the commission of a violent offense as defined in | 7 | | this subsection. | 8 | | (b) When a defendant is placed on probation, the court | 9 | | shall enter an order specifying a period of probation of not | 10 | | less than 24 months and shall defer further proceedings in the | 11 | | case until the conclusion of the period or until the filing of | 12 | | a petition alleging violation of a term or condition of | 13 | | probation. | 14 | | (c) The conditions of probation shall be that the | 15 | | defendant: | 16 | | (1) not violate any criminal statute of this State or | 17 | | any other jurisdiction; | 18 | | (2) refrain from possessing a firearm or other | 19 | | dangerous weapon; | 20 | | (3) make full restitution to the victim or property | 21 | | owner under Section 5-5-6 of this Code; | 22 | | (4) obtain or attempt to obtain employment; | 23 | | (5) pay fines and costs; | 24 | | (6) attend educational courses designed to prepare the | 25 | | defendant for obtaining a high school diploma or to work | 26 | | toward passing high school equivalency testing or to work |
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| 1 | | toward completing a vocational training program; | 2 | | (7) submit to periodic drug testing at a time and in a | 3 | | manner as ordered by the court, but no less than 3 times | 4 | | during the period of probation, with the cost of the | 5 | | testing to be paid by the defendant; and | 6 | | (8) perform a minimum of 30 hours of community | 7 | | service. The court may give credit toward the fulfillment | 8 | | of community service hours for participation in activities | 9 | | and treatment as determined by court services. | 10 | | (d) The court may, in addition to other conditions, | 11 | | require that the defendant: | 12 | | (1) make a report to and appear in person before or | 13 | | participate with the court or such courts, person, or | 14 | | social service agency as directed by the court in the | 15 | | order of probation; | 16 | | (2) undergo medical or psychiatric treatment, or | 17 | | treatment or rehabilitation approved by the Illinois | 18 | | Department of Human Services; | 19 | | (3) attend or reside in a facility established for the | 20 | | instruction or residence of defendants on probation; | 21 | | (4) support his or her dependents; or | 22 | | (5) refrain from having in his or her body the | 23 | | presence of any illicit drug prohibited by the | 24 | | Methamphetamine Control and Community Protection Act, the | 25 | | Cannabis Control Act, or the Illinois Controlled | 26 | | Substances Act, unless prescribed by a physician, and |
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| 1 | | submit samples of his or her blood or urine or both for | 2 | | tests to determine the presence of any illicit drug. | 3 | | (e) Upon violation of a term or condition of probation, | 4 | | the court may enter a judgment on its original finding of guilt | 5 | | and proceed as otherwise provided by law. | 6 | | (f) Upon fulfillment of the terms and conditions of | 7 | | probation, the court shall discharge the person and dismiss | 8 | | the proceedings against the person. | 9 | | (g) A disposition of probation is considered to be a | 10 | | conviction for the purposes of imposing the conditions of | 11 | | probation and for appeal; however, a sentence discharge and | 12 | | dismissal under this Section is not a conviction for purposes | 13 | | of this Code or for purposes of disqualifications or | 14 | | disabilities imposed by law upon conviction of a crime unless | 15 | | and until judgment is entered . | 16 | | (h) A person may only have one discharge and dismissal | 17 | | under this Section within a 4-year period. | 18 | | (i) If a person is convicted of any offense which occurred | 19 | | within 5 years subsequent to a discharge and dismissal under | 20 | | this Section, the discharge and dismissal under this Section | 21 | | shall be admissible in the sentencing proceeding for that | 22 | | conviction as evidence in aggravation. | 23 | | (j) Notwithstanding subsection (a), if the court finds | 24 | | that the defendant suffers from a substance abuse problem, | 25 | | then before the person is placed on probation under this | 26 | | Section, the court may refer the person to the drug court |
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| 1 | | established in that judicial circuit pursuant to Section 15 of | 2 | | the Drug Court Treatment Act. The drug court team shall | 3 | | evaluate the person's likelihood of successfully fulfilling | 4 | | the terms and conditions of probation under this Section and | 5 | | shall report the results of its evaluation to the court. If the | 6 | | drug court team finds that the person suffers from a substance | 7 | | abuse problem that makes him or her substantially unlikely to | 8 | | successfully fulfill the terms and conditions of probation | 9 | | under this Section, then the drug court shall set forth its | 10 | | findings in the form of a written order, and the person shall | 11 | | be ineligible to be placed on probation under this Section, | 12 | | but shall be considered for the drug court program. | 13 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; | 14 | | 100-575, eff. 1-8-18.) | 15 | | (730 ILCS 5/5-6-3.6) | 16 | | Sec. 5-6-3.6. First Time Weapon Offense Program. | 17 | | (a) The General Assembly has sought to promote public | 18 | | safety, reduce recidivism, and conserve valuable resources of | 19 | | the criminal justice system through the creation of diversion | 20 | | programs for non-violent offenders. This amendatory Act of the | 21 | | 103rd General Assembly establishes a program for first-time, | 22 | | non-violent offenders charged with certain weapons possession | 23 | | offenses. The General Assembly recognizes some persons, | 24 | | particularly in areas of high crime or poverty, may have | 25 | | experienced trauma that contributes to poor decision making |
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| 1 | | skills, and the creation of a diversionary program poses a | 2 | | greater benefit to the community and the person than | 3 | | incarceration. Under this program, a court, with the consent | 4 | | of the defendant and the State's Attorney, may sentence a | 5 | | defendant charged with an unlawful use of weapons offense | 6 | | under Section 24-1 of the Criminal Code of 2012 or aggravated | 7 | | unlawful use of a weapon offense under Section 24-1.6 of the | 8 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 9 | | lower, to a First Time Weapon Offense Program. | 10 | | (b) A defendant is not eligible for this Program if: | 11 | | (1) the offense was committed during the commission of | 12 | | a violent offense as defined in subsection (h) of this | 13 | | Section; | 14 | | (2) he or she has previously been convicted or placed | 15 | | on probation or conditional discharge for any violent | 16 | | offense under the laws of this State, the laws of any other | 17 | | state, or the laws of the United States; | 18 | | (3) he or she had a prior successful completion of the | 19 | | First Time Weapon Offense Program under this Section; | 20 | | (4) he or she has previously been adjudicated a | 21 | | delinquent minor for the commission of a violent offense; | 22 | | (5) (blank); or | 23 | | (6) he or she has an existing order of protection | 24 | | issued against him or her. | 25 | | (b-5) In considering whether a defendant shall be | 26 | | sentenced to the First Time Weapon Offense Program, the court |
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| 1 | | shall consider the following: | 2 | | (1) the age, immaturity, or limited mental capacity of | 3 | | the defendant; | 4 | | (2) the nature and circumstances of the offense; | 5 | | (3) whether participation in the Program is in the | 6 | | interest of the defendant's rehabilitation, including any | 7 | | employment or involvement in community, educational, | 8 | | training, or vocational programs; | 9 | | (4) whether the defendant suffers from trauma, as | 10 | | supported by documentation or evaluation by a licensed | 11 | | professional; and | 12 | | (5) the potential risk to public safety. | 13 | | (c) For an offense committed on or after January 1, 2018 | 14 | | (the effective date of Public Act 100-3) whenever an eligible | 15 | | person pleads guilty to an unlawful use of weapons offense | 16 | | under Section 24-1 of the Criminal Code of 2012 or aggravated | 17 | | unlawful use of a weapon offense under Section 24-1.6 of the | 18 | | Criminal Code of 2012, which is punishable as a Class 4 felony | 19 | | or lower, the court, with the consent of the defendant and the | 20 | | State's Attorney, may, without entering a judgment, sentence | 21 | | the defendant to complete the First Time Weapon Offense | 22 | | Program. When a defendant is placed in the Program, the court | 23 | | shall defer further proceedings in the case until the | 24 | | conclusion of the period or until the filing of a petition | 25 | | alleging violation of a term or condition of the Program. A | 26 | | disposition of probation is considered to be a conviction for |
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| 1 | | the purposes of imposing the conditions of probation and for | 2 | | appeal, however, a sentence under this Section is not a | 3 | | conviction for purposes of this Act or for purposes of | 4 | | disqualifications or disabilities imposed by law upon | 5 | | conviction of a crime unless and until judgment is entered. | 6 | | Upon violation of a term or condition of the Program, the court | 7 | | may enter a judgment on its original finding of guilt and | 8 | | proceed as otherwise provided by law. Upon fulfillment of the | 9 | | terms and conditions of the Program, the court shall discharge | 10 | | the person and dismiss the proceedings against the person. | 11 | | (d) The Program shall be at least 6 months and not to | 12 | | exceed 24 months, as determined by the court at the | 13 | | recommendation of the Program administrator and the State's | 14 | | Attorney. The Program administrator may be appointed by the | 15 | | Chief Judge of each Judicial Circuit. | 16 | | (e) The conditions of the Program shall be that the | 17 | | defendant: | 18 | | (1) not violate any criminal statute of this State or | 19 | | any other jurisdiction; | 20 | | (2) refrain from possessing a firearm or other | 21 | | dangerous weapon; | 22 | | (3) (blank); | 23 | | (4) (blank); | 24 | | (5) (blank); | 25 | | (6) (blank); | 26 | | (7) attend and participate in any Program activities |
| | | HB5285 Enrolled | - 22 - | LRB103 37363 RLC 67484 b |
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| 1 | | deemed required by the Program administrator, such as: | 2 | | counseling sessions, in-person and over the phone | 3 | | check-ins, and educational classes; and | 4 | | (8) (blank). | 5 | | (f) The Program may, in addition to other conditions, | 6 | | require that the defendant: | 7 | | (1) obtain or attempt to obtain employment; | 8 | | (2) attend educational courses designed to prepare the | 9 | | defendant for obtaining a high school diploma or to work | 10 | | toward passing high school equivalency testing or to work | 11 | | toward completing a vocational training program; | 12 | | (3) refrain from having in his or her body the | 13 | | presence of any illicit drug prohibited by the | 14 | | Methamphetamine Control and Community Protection Act or | 15 | | the Illinois Controlled Substances Act, unless prescribed | 16 | | by a physician, and submit samples of his or her blood or | 17 | | urine or both for tests to determine the presence of any | 18 | | illicit drug; | 19 | | (4) perform community service; | 20 | | (5) pay all fines, assessments, fees, and costs; and | 21 | | (6) comply with such other reasonable conditions as | 22 | | the court may impose. | 23 | | (g) There may be only one discharge and dismissal under | 24 | | this Section. If a person is convicted of any offense which | 25 | | occurred within 5 years subsequent to a discharge and | 26 | | dismissal under this Section, the discharge and dismissal |
| | | HB5285 Enrolled | - 23 - | LRB103 37363 RLC 67484 b |
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| 1 | | under this Section shall be admissible in the sentencing | 2 | | proceeding for that conviction as evidence in aggravation. | 3 | | (h) For purposes of this Section, "violent offense" means | 4 | | any offense in which bodily harm was inflicted or force was | 5 | | used against any person or threatened against any person; any | 6 | | offense involving the possession of a firearm or dangerous | 7 | | weapon; any offense involving sexual conduct, sexual | 8 | | penetration, or sexual exploitation; violation of an order of | 9 | | protection, stalking, hate crime, domestic battery, or any | 10 | | offense of domestic violence. | 11 | | (i) (Blank). | 12 | | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; | 13 | | 103-370, eff. 7-28-23.) |
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