Public Act 102-0211
 
SB1566 EnrolledLRB102 15059 KMF 20414 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:
 
    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
    Sec. 5-5-3.1. Factors in mitigation.
    (a) The following grounds shall be accorded weight in
favor of withholding or minimizing a sentence of imprisonment:
        (1) The defendant's criminal conduct neither caused
    nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his
    criminal conduct would cause or threaten serious physical
    harm to another.
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse
    or justify the defendant's criminal conduct, though
    failing to establish a defense.
        (5) The defendant's criminal conduct was induced or
    facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    the victim of his criminal conduct for the damage or
    injury that he sustained.
        (7) The defendant has no history of prior delinquency
    or criminal activity or has led a law-abiding life for a
    substantial period of time before the commission of the
    present crime.
        (8) The defendant's criminal conduct was the result of
    circumstances unlikely to recur.
        (9) The character and attitudes of the defendant
    indicate that he is unlikely to commit another crime.
        (10) The defendant is particularly likely to comply
    with the terms of a period of probation.
        (11) (Blank).
        (12) The imprisonment of the defendant would endanger
    his or her medical condition.
        (13) The defendant was a person with an intellectual
    disability as defined in Section 5-1-13 of this Code.
        (14) The defendant sought or obtained emergency
    medical assistance for an overdose and was convicted of a
    Class 3 felony or higher possession, manufacture, or
    delivery of a controlled, counterfeit, or look-alike
    substance or a controlled substance analog under the
    Illinois Controlled Substances Act or a Class 2 felony or
    higher possession, manufacture or delivery of
    methamphetamine under the Methamphetamine Control and
    Community Protection Act.
        (15) 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. As used in this paragraph
    (15), "domestic violence" means abuse as defined in
    Section 103 of the Illinois Domestic Violence Act of 1986.
        (16) At the time of the offense, the defendant was
    suffering from a serious mental illness which, though
    insufficient to establish the defense of insanity,
    substantially affected his or her ability to understand
    the nature of his or her acts or to conform his or her
    conduct to the requirements of the law.
        (17) At the time of the offense, the defendant was
    suffering from post-partum depression or post-partum
    psychosis which was either undiagnosed or untreated, or
    both, and this temporary mental illness tended to excuse
    or justify the defendant's criminal conduct and the
    defendant has been diagnosed as suffering from post-partum
    depression or post-partum psychosis, or both, by a
    qualified medical person and the diagnoses or testimony,
    or both, was not used at trial. In this paragraph (17):
            "Post-partum depression" means a mood disorder
        which strikes many women during and after pregnancy
        which usually occurs during pregnancy and up to 12
        months after delivery. This depression can include
        anxiety disorders.
            "Post-partum psychosis" means an extreme form of
        post-partum depression which can occur during
        pregnancy and up to 12 months after delivery. This can
        include losing touch with reality, distorted thinking,
        delusions, auditory and visual hallucinations,
        paranoia, hyperactivity and rapid speech, or mania.
        (18) The defendant is pregnant or is the parent of a
    child or infant whose well-being will be negatively
    affected by the parent's absence. Circumstances to be
    considered in assessing this factor in mitigation include:
            (A) that the parent is breastfeeding the child;
            (B) the age of the child, with strong
        consideration given to avoid disruption of the
        caregiving of an infant, pre-school or school-age
        child by a parent;
            (C) the role of the parent in the day-to-day
        educational and medical needs of the child;
            (D) the relationship of the parent and the child;
            (E) any special medical, educational, or
        psychological needs of the child;
            (F) the role of the parent in the financial
        support of the child; .
            (G) the likelihood that the child will be adjudged
        a dependent minor under Section 2-4 and declared a
        ward of the court under Section 2-22 of the Juvenile
        Court Act of 1987;
            (H) the best interest of the child.
        Under this Section, the defendant shall have the right
    to present a Family Impact Statement at sentencing, which
    the court shall consider in favor of withholding or
    minimizing a sentence of imprisonment prior to imposing
    any sentence and may include testimony from family and
    community members, written statements, video, and
    documentation. Unless the court finds that the parent
    poses a significant risk to the community that outweighs
    the risk of harm from the parent's removal from the
    family, the court shall impose a sentence in accordance
    with subsection (b) that allows the parent to continue to
    care for the child or children.
        (19) The defendant serves as the caregiver for a
    relative who is ill, disabled, or elderly.
    (b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 100-574, eff. 6-1-18; 101-471, eff. 1-1-20.)