100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1312
 
Introduced 2/9/2017, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:
 

 
730 ILCS 167/20

     Amends the  Veterans and Servicemembers Court
Treatment Act.  Provides that a defendant may be admitted into a Veterans and Servicemembers Court program post-adjudication only with the approval of the court. Provides that a "crime of violence" includes rather than 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.
  


LRB100 08459 RLC 18577 b

 
 
A BILL FOR
 

  
SB1312LRB100 08459 RLC 18577 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Veterans and Servicemembers Court
Treatment 
5Act is amended  by changing Section 20 as follows:
 
6    (730 ILCS 167/20)

7    Sec. 20. Eligibility. Veterans and Servicemembers are 
8eligible for Veterans and
Servicemembers Courts, provided the 
9following:

10    (a) A defendant, who is eligible for probation based on the 
11nature of the crime convicted of and in consideration of his or 
12her criminal background, if any, may be admitted into a 
13Veterans and Servicemembers Court program
before adjudication 
14only upon the agreement of the prosecutor and the defendant and 
15with the approval of the Court.
A defendant may be admitted 
16into a Veterans and Servicemembers Court program 
17post-adjudication only with the approval of the court. 
18    (b) A defendant shall be excluded from Veterans and 
19Servicemembers Court program if
any of one of the following 
20applies:

21        (1) The crime is a crime of violence as set forth in 
22    clause (3) of this subsection (b).
23        (2) The defendant does not demonstrate a willingness to 
 
 
SB1312- 2 -LRB100 08459 RLC 18577 b

1    participate in a treatment
program.

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

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


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

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