Public Act 100-0426
 
SB1312 EnrolledLRB100 08459 RLC 18577 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 Veterans and Servicemembers Court
Treatment 
Act is amended  by changing Section 20 as follows:
 
    (730 ILCS 167/20)

    Sec. 20. Eligibility. Veterans and Servicemembers are 
eligible for Veterans and
Servicemembers Courts, provided the 
following:

    (a) A defendant, who is eligible for probation based on the 
nature of the crime convicted of and in consideration of his or 
her criminal background, if any, may be admitted into a 
Veterans and Servicemembers Court program
before adjudication 
only upon the agreement of the prosecutor and the defendant and 
with the approval of the Court.
A defendant may be admitted 
into a Veterans and Servicemembers Court program 
post-adjudication only with the approval of the court. 
    (b) A defendant shall be excluded from Veterans and 
Servicemembers Court program if
any of one of the following 
applies:

        (1) The crime is a crime of violence as set forth in 
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to 
    participate in a treatment
program.

        (3) The defendant has been convicted of a crime of 
    violence within the past 10
years excluding incarceration 
    time, including . As used in this Section, "crime of 
    violence" means: first degree murder,
second degree 
    murder, predatory criminal sexual assault of a child, 
    aggravated criminal
sexual assault, criminal sexual 
    assault, armed robbery, aggravated arson, arson,

    aggravated kidnapping and kidnapping, aggravated battery 
    resulting in great bodily harm
or permanent disability, 
    stalking, aggravated stalking, or any offense involving 
    the
discharge of a firearm or where occurred serious bodily 
    injury or death to any person.
        (4) (Blank).


        (5) The crime for which the defendant has been 
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the 
    result of a plea or a finding of guilt, renders the 
    defendant ineligible for probation.

(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)


 
    Section 10. The Mental Health Court Treatment Act is 
amended  by changing Section 20 as follows:
 
    (730 ILCS 168/20)

    Sec. 20. Eligibility. 
    (a) A defendant, who is eligible for probation based on the 
nature of the crime convicted of and in consideration of his or 
her criminal background, if any, may be admitted into a mental 
health court program only upon the agreement of the prosecutor 
and the defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health 
court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in 
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to 
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of 
    violence within the past 10 years excluding incarceration 
    time. As used in this paragraph (3), "crime of violence" 
    means: , specifically  first degree murder, second degree 
    murder, predatory criminal sexual assault of a child, 
    aggravated criminal sexual assault, criminal sexual 
    assault, armed robbery, aggravated arson, arson, 
    aggravated kidnapping, kidnapping, aggravated  battery 
    resulting in great bodily harm or permanent disability, 
    stalking, aggravated stalking, or any offense involving 
    the discharge of a firearm.
        (4) (Blank).
        (5) The crime for which the defendant has been 
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the 
    result of a plea or a finding of guilt, renders the 
    defendant ineligible for probation.



    (c) A defendant charged with prostitution under Section 
11-14 of the Criminal Code of 2012 may be admitted into a 
mental health court program, if available in the jurisdiction 
and provided that the requirements in subsections (a) and (b) 
are satisfied.  Mental health court programs may include 
specialized service programs specifically designed to address 
the trauma associated with prostitution and human trafficking, 
and may offer those specialized services to defendants admitted 
to the mental health court program. Judicial circuits 
establishing these specialized programs shall partner with 
prostitution and human trafficking advocates, survivors, and 
service providers in the development of the programs. 
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; 
98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)

Effective Date:  1/1/2018