Public Act 103-0702
 
HB5285 EnrolledLRB103 37363 RLC 67484 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 Criminal Code of 2012 is amended by 
changing Section 2-5 as follows:
 
    (720 ILCS 5/2-5)  (from Ch. 38, par. 2-5)
    Sec. 2-5. "Conviction". "Conviction" means a judgment of 
conviction or sentence entered upon a plea of guilty or upon a 
verdict or finding of guilty of an offense, rendered by a 
legally constituted jury or by a court of competent 
jurisdiction authorized to try the case without a jury. If 
judgment is withheld, the plea, verdict, or finding of guilty 
is not a conviction under Illinois law unless and until 
judgment is entered. 
(Source: Laws 1961, p. 1983.)
 
    Section 10. The Cannabis Control Act is amended by 
changing Section 10 as follows:
 
    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
    Sec. 10. (a) Whenever any person who has not previously 
been convicted of any felony offense under this Act or any law 
of the United States or of any State relating to cannabis, or 
controlled substances as defined in the Illinois Controlled 
Substances Act, pleads guilty to or is found guilty of 
violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of 
this Act, the court may, without entering a judgment and with 
the consent of such person, sentence him to probation. A 
sentence under this Section shall not be considered a 
conviction under Illinois law unless and until judgment is 
entered under subsection (e) of this Section. 
    (b) When a person is placed on probation, the court shall 
enter an order specifying a period of probation of 24 months, 
and shall defer further proceedings in the case until the 
conclusion of the period or until the filing of a petition 
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person: 
(1) not violate any criminal statute of any jurisdiction; (2) 
refrain from possession of a firearm or other dangerous 
weapon; (3) submit to periodic drug testing at a time and in a 
manner as ordered by the court, but no less than 3 times during 
the period of the probation, with the cost of the testing to be 
paid by the probationer; and (4) perform no less than 30 hours 
of community service, provided community service is available 
in the jurisdiction and is funded and approved by the county 
board. The court may give credit toward the fulfillment of 
community service hours for participation in activities and 
treatment as determined by court services. 
    (d) The court may, in addition to other conditions, 
require that the person:
        (1) make a report to and appear in person before or 
    participate with the court or such courts, person, or 
    social service agency as directed by the court in the 
    order of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational 
    training;
        (4) undergo medical or psychiatric treatment; or 
    treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the 
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) refrain from possessing a firearm or other 
    dangerous weapon;
        (7-5) refrain from having in his or her body the 
    presence of any illicit drug prohibited by the Cannabis 
    Control Act, the Illinois Controlled Substances Act, or 
    the Methamphetamine Control and Community Protection Act, 
    unless prescribed by a physician, and submit samples of 
    his or her blood or urine or both for tests to determine 
    the presence of any illicit drug;
        (8) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) provide nonfinancial contributions to his own 
        support at home or in a foster home.
    (e) Upon violation of a term or condition of probation, 
the court may enter a judgment on its original finding of guilt 
and proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of 
probation, the court shall discharge such person and dismiss 
the proceedings against him.
    (g) A disposition of probation is considered to be a 
conviction for the purposes of imposing the conditions of 
probation and for appeal, however, a sentence discharge and 
dismissal under this Section is not a conviction for purposes 
of disqualification or disabilities imposed by law upon 
conviction of a crime (including the additional penalty 
imposed for subsequent offenses under Section 4(c), 4(d), 5(c) 
or 5(d) of this Act) unless and until judgment is entered.
    (h) A person may not have more than one discharge and 
dismissal under this Section within a 4-year period.
    (i) If a person is convicted of an offense under this Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control and Community Protection Act within 5 years subsequent 
to a discharge and dismissal under this Section, the discharge 
and dismissal under this Section shall be admissible in the 
sentencing proceeding for that conviction as a factor in 
aggravation.
    (j) Notwithstanding subsection (a), before a person is 
sentenced to probation under this Section, the court may refer 
the person to the drug court established in that judicial 
circuit pursuant to Section 15 of the Drug Court Treatment 
Act. The drug court team shall evaluate the person's 
likelihood of successfully completing a sentence of probation 
under this Section and shall report the results of its 
evaluation to the court. If the drug court team finds that the 
person suffers from a substance abuse problem that makes him 
or her substantially unlikely to successfully complete a 
sentence of probation under this Section, then the drug court 
shall set forth its findings in the form of a written order, 
and the person shall not be sentenced to probation under this 
Section, but shall be considered for the drug court program.
    (k) Fines and assessments, such as fees or administrative 
costs, authorized under this Section shall not be ordered or 
imposed against a minor subject to Article III, IV, or V of the 
Juvenile Court Act of 1987, or a minor under the age of 18 
transferred to adult court or excluded from juvenile court 
jurisdiction under Article V of the Juvenile Court Act of 
1987, or the minor's parent, guardian, or legal custodian. 
(Source: P.A. 103-379, eff. 7-28-23.)
 
    Section 15. The Illinois Controlled Substances Act is 
amended by changing Section 410 as follows:
 
    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
    Sec. 410. (a) Whenever any person who has not previously 
been convicted of any felony offense under this Act or any law 
of the United States or of any State relating to cannabis or 
controlled substances, pleads guilty to or is found guilty of 
possession of a controlled or counterfeit substance under 
subsection (c) of Section 402 or of unauthorized possession of 
prescription form under Section 406.2, the court, without 
entering a judgment and with the consent of such person, may 
sentence him or her to probation. A sentence under this 
Section shall not be considered a conviction under Illinois 
law unless and until judgment is entered under subsection (e) 
of this Section. 
    (b) When a person is placed on probation, the court shall 
enter an order specifying a period of probation of 24 months 
and shall defer further proceedings in the case until the 
conclusion of the period or until the filing of a petition 
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person: 
(1) not violate any criminal statute of any jurisdiction; (2) 
refrain from possessing a firearm or other dangerous weapon; 
(3) submit to periodic drug testing at a time and in a manner 
as ordered by the court, but no less than 3 times during the 
period of the probation, with the cost of the testing to be 
paid by the probationer; and (4) perform no less than 30 hours 
of community service, provided community service is available 
in the jurisdiction and is funded and approved by the county 
board. The court may give credit toward the fulfillment of 
community service hours for participation in activities and 
treatment as determined by court services. 
    (d) The court may, in addition to other conditions, 
require that the person:
        (1) make a report to and appear in person before or 
    participate with the court or such courts, person, or 
    social service agency as directed by the court in the 
    order of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational 
    training;
        (4) undergo medical or psychiatric treatment; or 
    treatment or rehabilitation approved by the Illinois 
    Department of Human Services;
        (5) attend or reside in a facility established for the 
    instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (6-5) refrain from having in his or her body the 
    presence of any illicit drug prohibited by the Cannabis 
    Control Act, the Illinois Controlled Substances Act, or 
    the Methamphetamine Control and Community Protection Act, 
    unless prescribed by a physician, and submit samples of 
    his or her blood or urine or both for tests to determine 
    the presence of any illicit drug;
        (7) and in addition, if a minor:
            (i) reside with his or her parents or in a foster 
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home 
        or in a foster home.
    (e) Upon violation of a term or condition of probation, 
the court may enter a judgment on its original finding of guilt 
and proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of 
probation, the court shall discharge the person and dismiss 
the proceedings against him or her.
    (g) A disposition of probation is considered to be a 
conviction for the purposes of imposing the conditions of 
probation and for appeal, however, a sentence discharge and 
dismissal under this Section is not a conviction for purposes 
of this Act or for purposes of disqualifications or 
disabilities imposed by law upon conviction of a crime unless 
and until judgment is entered.
    (h) A person may not have more than one discharge and 
dismissal under this Section within a 4-year period.
    (i) If a person is convicted of an offense under this Act, 
the Cannabis Control Act, or the Methamphetamine Control and 
Community Protection Act within 5 years subsequent to a 
discharge and dismissal under this Section, the discharge and 
dismissal under this Section shall be admissible in the 
sentencing proceeding for that conviction as evidence in 
aggravation.
    (j) Notwithstanding subsection (a), before a person is 
sentenced to probation under this Section, the court may refer 
the person to the drug court established in that judicial 
circuit pursuant to Section 15 of the Drug Court Treatment 
Act. The drug court team shall evaluate the person's 
likelihood of successfully completing a sentence of probation 
under this Section and shall report the results of its 
evaluation to the court. If the drug court team finds that the 
person suffers from a substance abuse problem that makes him 
or her substantially unlikely to successfully complete a 
sentence of probation under this Section, then the drug court 
shall set forth its findings in the form of a written order, 
and the person shall not be sentenced to probation under this 
Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 
100-575, eff. 1-8-18.)
 
    Section 20. The Methamphetamine Control and Community 
Protection Act is amended by changing Section 70 as follows:
 
    (720 ILCS 646/70)
    Sec. 70. Probation. 
    (a) Whenever any person who has not previously been 
convicted of any felony offense under this Act, the Illinois 
Controlled Substances Act, the Cannabis Control Act, or any 
law of the United States or of any state relating to cannabis 
or controlled substances, pleads guilty to or is found guilty 
of possession of less than 15 grams of methamphetamine under 
paragraph (1) or (2) of subsection (b) of Section 60 of this 
Act, the court, without entering a judgment and with the 
consent of the person, may sentence him or her to probation. A 
sentence under this Section shall not be considered a 
conviction under Illinois law unless and until judgment is 
entered under subsection (e) of this Section. 
    (b) When a person is placed on probation, the court shall 
enter an order specifying a period of probation of 24 months 
and shall defer further proceedings in the case until the 
conclusion of the period or until the filing of a petition 
alleging violation of a term or condition of probation. 
    (c) The conditions of probation shall be that the person: 
        (1) not violate any criminal statute of any 
    jurisdiction; 
        (2) refrain from possessing a firearm or other 
    dangerous weapon; 
        (3) submit to periodic drug testing at a time and in a 
    manner as ordered by the court, but no less than 3 times 
    during the period of the probation, with the cost of the 
    testing to be paid by the probationer; and 
        (4) perform no less than 30 hours of community 
    service, if community service is available in the 
    jurisdiction and is funded and approved by the county 
    board. The court may give credit toward the fulfillment of 
    community service hours for participation in activities 
    and treatment as determined by court services. 
    (d) The court may, in addition to other conditions, 
require that the person take one or more of the following 
actions: 
        (1) make a report to and appear in person before or 
    participate with the court or such courts, person, or 
    social service agency as directed by the court in the 
    order of probation; 
        (2) pay a fine and costs; 
        (3) work or pursue a course of study or vocational 
    training; 
        (4) undergo medical or psychiatric treatment; or 
    treatment or rehabilitation approved by the Illinois 
    Department of Human Services; 
        (5) attend or reside in a facility established for the 
    instruction or residence of defendants on probation; 
        (6) support his or her dependents; 
        (7) refrain from having in his or her body the 
    presence of any illicit drug prohibited by this Act, the 
    Cannabis Control Act, or the Illinois Controlled 
    Substances Act, unless prescribed by a physician, and 
    submit samples of his or her blood or urine or both for 
    tests to determine the presence of any illicit drug; or 
        (8) if a minor: 
            (i) reside with his or her parents or in a foster 
        home; 
            (ii) attend school; 
            (iii) attend a non-residential program for youth; 
        or 
            (iv) contribute to his or her own support at home 
        or in a foster home. 
    (e) Upon violation of a term or condition of probation, 
the court may enter a judgment on its original finding of guilt 
and proceed as otherwise provided. 
    (f) Upon fulfillment of the terms and conditions of 
probation, the court shall discharge the person and dismiss 
the proceedings against the person. 
    (g) A disposition of probation is considered to be a 
conviction for the purposes of imposing the conditions of 
probation and for appeal, however, a sentence discharge and 
dismissal under this Section is not a conviction for purposes 
of this Act or for purposes of disqualifications or 
disabilities imposed by law upon conviction of a crime unless 
and until judgment is entered. 
    (h) A person may not have more than one discharge and 
dismissal under this Section within a 4-year period. 
    (i) If a person is convicted of an offense under this Act, 
the Cannabis Control Act, or the Illinois Controlled 
Substances Act within 5 years subsequent to a discharge and 
dismissal under this Section, the discharge and dismissal 
under this Section are admissible in the sentencing proceeding 
for that conviction as evidence in aggravation. 
    (j) Notwithstanding subsection (a), before a person is 
sentenced to probation under this Section, the court may refer 
the person to the drug court established in that judicial 
circuit pursuant to Section 15 of the Drug Court Treatment 
Act. The drug court team shall evaluate the person's 
likelihood of successfully completing a sentence of probation 
under this Section and shall report the results of its 
evaluation to the court. If the drug court team finds that the 
person suffers from a substance abuse problem that makes him 
or her substantially unlikely to successfully complete a 
sentence of probation under this Section, then the drug court 
shall set forth its findings in the form of a written order, 
and the person shall not be sentenced to probation under this 
Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 
100-575, eff. 1-8-18.)
 
    Section 25. The Unified Code of Corrections is amended by 
changing Sections 5-6-3.4 and 5-6-3.6 as follows:
 
    (730 ILCS 5/5-6-3.4)
    Sec. 5-6-3.4. Second Chance Probation. 
    (a) Whenever any person who has not previously been 
convicted of any felony offense under the laws of this State, 
the laws of any other state, or the laws of the United States, 
and pleads guilty to, or is found guilty of, possession of less 
than 15 grams of a controlled substance; possession of less 
than 15 grams of methamphetamine; or a probationable felony 
offense of possession of cannabis, theft, retail theft, 
forgery, deceptive practices, possession of a stolen motor 
vehicle, burglary, possession of burglary tools, disorderly 
conduct, criminal damage or trespass to property under Article 
21 of the Criminal Code of 2012, criminal trespass to a 
residence, an offense involving fraudulent identification, or 
obstructing justice; or possession of cannabis, the court, 
with the consent of the defendant and the State's Attorney, 
may, without entering a judgment, sentence the defendant to 
probation under this Section. A sentence under this Section 
shall not be considered a conviction under Illinois law unless 
and until judgment is entered under subsection (e) of this 
Section. 
    (a-1) Exemptions. A defendant is not eligible for this 
probation if the offense he or she pleads guilty to, or is 
found guilty of, is a violent offense, or he or she has 
previously been convicted of a violent offense. For purposes 
of this probation, a "violent offense" is any offense where 
bodily harm was inflicted or where force was used against any 
person or threatened against any person, any offense involving 
sexual conduct, sexual penetration, or sexual exploitation, 
any offense of domestic violence, domestic battery, violation 
of an order of protection, stalking, hate crime, and any 
offense involving the possession of a firearm or dangerous 
weapon. A defendant shall not be eligible for this probation 
if he or she has previously been adjudicated a delinquent 
minor for the commission of a violent offense as defined in 
this subsection.
    (b) When a defendant is placed on probation, the court 
shall enter an order specifying a period of probation of not 
less than 24 months and shall defer further proceedings in the 
case until the conclusion of the period or until the filing of 
a petition alleging violation of a term or condition of 
probation.
    (c) The conditions of probation shall be that the 
defendant:
        (1) not violate any criminal statute of this State or 
    any other jurisdiction;
        (2) refrain from possessing a firearm or other 
    dangerous weapon;
        (3) make full restitution to the victim or property 
    owner under Section 5-5-6 of this Code;
        (4) obtain or attempt to obtain employment;
        (5) pay fines and costs;
        (6) attend educational courses designed to prepare the 
    defendant for obtaining a high school diploma or to work 
    toward passing high school equivalency testing or to work 
    toward completing a vocational training program;
        (7) submit to periodic drug testing at a time and in a 
    manner as ordered by the court, but no less than 3 times 
    during the period of probation, with the cost of the 
    testing to be paid by the defendant; and
        (8) perform a minimum of 30 hours of community 
    service. The court may give credit toward the fulfillment 
    of community service hours for participation in activities 
    and treatment as determined by court services. 
    (d) The court may, in addition to other conditions, 
require that the defendant:
        (1) make a report to and appear in person before or 
    participate with the court or such courts, person, or 
    social service agency as directed by the court in the 
    order of probation;
        (2) undergo medical or psychiatric treatment, or 
    treatment or rehabilitation approved by the Illinois 
    Department of Human Services;
        (3) attend or reside in a facility established for the 
    instruction or residence of defendants on probation;
        (4) support his or her dependents; or
        (5) refrain from having in his or her body the 
    presence of any illicit drug prohibited by the 
    Methamphetamine Control and Community Protection Act, the 
    Cannabis Control Act, or the Illinois Controlled 
    Substances Act, unless prescribed by a physician, and 
    submit samples of his or her blood or urine or both for 
    tests to determine the presence of any illicit drug.
    (e) Upon violation of a term or condition of probation, 
the court may enter a judgment on its original finding of guilt 
and proceed as otherwise provided by law.
    (f) Upon fulfillment of the terms and conditions of 
probation, the court shall discharge the person and dismiss 
the proceedings against the person.
    (g) A disposition of probation is considered to be a 
conviction for the purposes of imposing the conditions of 
probation and for appeal; however, a sentence discharge and 
dismissal under this Section is not a conviction for purposes 
of this Code or for purposes of disqualifications or 
disabilities imposed by law upon conviction of a crime unless 
and until judgment is entered.
    (h) A person may only have one discharge and dismissal 
under this Section within a 4-year period.
    (i) If a person is convicted of any offense which occurred 
within 5 years subsequent to a discharge and dismissal under 
this Section, the discharge and dismissal under this Section 
shall be admissible in the sentencing proceeding for that 
conviction as evidence in aggravation.
    (j) Notwithstanding subsection (a), if the court finds 
that the defendant suffers from a substance abuse problem, 
then before the person is placed on probation under this 
Section, the court may refer the person to the drug court 
established in that judicial circuit pursuant to Section 15 of 
the Drug Court Treatment Act. The drug court team shall 
evaluate the person's likelihood of successfully fulfilling 
the terms and conditions of probation under this Section and 
shall report the results of its evaluation to the court. If the 
drug court team finds that the person suffers from a substance 
abuse problem that makes him or her substantially unlikely to 
successfully fulfill the terms and conditions of probation 
under this Section, then the drug court shall set forth its 
findings in the form of a written order, and the person shall 
be ineligible to be placed on probation under this Section, 
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 
100-575, eff. 1-8-18.)
 
    (730 ILCS 5/5-6-3.6)
    Sec. 5-6-3.6. First Time Weapon Offense Program.
    (a) The General Assembly has sought to promote public 
safety, reduce recidivism, and conserve valuable resources of 
the criminal justice system through the creation of diversion 
programs for non-violent offenders. This amendatory Act of the 
103rd General Assembly establishes a program for first-time, 
non-violent offenders charged with certain weapons possession 
offenses. The General Assembly recognizes some persons, 
particularly in areas of high crime or poverty, may have 
experienced trauma that contributes to poor decision making 
skills, and the creation of a diversionary program poses a 
greater benefit to the community and the person than 
incarceration. Under this program, a court, with the consent 
of the defendant and the State's Attorney, may sentence a 
defendant charged with an unlawful use of weapons offense 
under Section 24-1 of the Criminal Code of 2012 or aggravated 
unlawful use of a weapon offense under Section 24-1.6 of the 
Criminal Code of 2012, if punishable as a Class 4 felony or 
lower, to a First Time Weapon Offense Program.
    (b) A defendant is not eligible for this Program if:
        (1) the offense was committed during the commission of 
    a violent offense as defined in subsection (h) of this 
    Section;
        (2) he or she has previously been convicted or placed 
    on probation or conditional discharge for any violent 
    offense under the laws of this State, the laws of any other 
    state, or the laws of the United States;
        (3) he or she had a prior successful completion of the 
    First Time Weapon Offense Program under this Section;
        (4) he or she has previously been adjudicated a 
    delinquent minor for the commission of a violent offense;
        (5) (blank); or
        (6) he or she has an existing order of protection 
    issued against him or her.
    (b-5) In considering whether a defendant shall be 
sentenced to the First Time Weapon Offense Program, the court 
shall consider the following:
        (1) the age, immaturity, or limited mental capacity of 
    the defendant;
        (2) the nature and circumstances of the offense;
        (3) whether participation in the Program is in the 
    interest of the defendant's rehabilitation, including any 
    employment or involvement in community, educational, 
    training, or vocational programs;
        (4) whether the defendant suffers from trauma, as 
    supported by documentation or evaluation by a licensed 
    professional; and
        (5) the potential risk to public safety. 
    (c) For an offense committed on or after January 1, 2018 
(the effective date of Public Act 100-3) whenever an eligible 
person pleads guilty to an unlawful use of weapons offense 
under Section 24-1 of the Criminal Code of 2012 or aggravated 
unlawful use of a weapon offense under Section 24-1.6 of the 
Criminal Code of 2012, which is punishable as a Class 4 felony 
or lower, the court, with the consent of the defendant and the 
State's Attorney, may, without entering a judgment, sentence 
the defendant to complete the First Time Weapon Offense 
Program. When a defendant is placed in the Program, the court 
shall defer further proceedings in the case until the 
conclusion of the period or until the filing of a petition 
alleging violation of a term or condition of the Program. A 
disposition of probation is considered to be a conviction for 
the purposes of imposing the conditions of probation and for 
appeal, however, a sentence under this Section is not a 
conviction for purposes of this Act or for purposes of 
disqualifications or disabilities imposed by law upon 
conviction of a crime unless and until judgment is entered. 
Upon violation of a term or condition of the Program, the court 
may enter a judgment on its original finding of guilt and 
proceed as otherwise provided by law. Upon fulfillment of the 
terms and conditions of the Program, the court shall discharge 
the person and dismiss the proceedings against the person.
    (d) The Program shall be at least 6 months and not to 
exceed 24 months, as determined by the court at the 
recommendation of the Program administrator and the State's 
Attorney. The Program administrator may be appointed by the 
Chief Judge of each Judicial Circuit. 
    (e) The conditions of the Program shall be that the 
defendant:
        (1) not violate any criminal statute of this State or 
    any other jurisdiction;
        (2) refrain from possessing a firearm or other 
    dangerous weapon;
        (3) (blank);
        (4) (blank);
        (5) (blank);
        (6) (blank);
        (7) attend and participate in any Program activities 
    deemed required by the Program administrator, such as: 
    counseling sessions, in-person and over the phone 
    check-ins, and educational classes; and
        (8) (blank).
    (f) The Program may, in addition to other conditions, 
require that the defendant:
        (1) obtain or attempt to obtain employment;
        (2) attend educational courses designed to prepare the 
    defendant for obtaining a high school diploma or to work 
    toward passing high school equivalency testing or to work 
    toward completing a vocational training program;
        (3) refrain from having in his or her body the 
    presence of any illicit drug prohibited by the 
    Methamphetamine Control and Community Protection Act or 
    the Illinois Controlled Substances Act, unless prescribed 
    by a physician, and submit samples of his or her blood or 
    urine or both for tests to determine the presence of any 
    illicit drug; 
        (4) perform community service;
        (5) pay all fines, assessments, fees, and costs; and
        (6) comply with such other reasonable conditions as 
    the court may impose. 
    (g) There may be only one discharge and dismissal under 
this Section. If a person is convicted of any offense which 
occurred within 5 years subsequent to a discharge and 
dismissal under this Section, the discharge and dismissal 
under this Section shall be admissible in the sentencing 
proceeding for that conviction as evidence in aggravation.
    (h) For purposes of this Section, "violent offense" means 
any offense in which bodily harm was inflicted or force was 
used against any person or threatened against any person; any 
offense involving the possession of a firearm or dangerous 
weapon; any offense involving sexual conduct, sexual 
penetration, or sexual exploitation; violation of an order of 
protection, stalking, hate crime, domestic battery, or any 
offense of domestic violence.
    (i) (Blank). 
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 
103-370, eff. 7-28-23.)