SB1878 101ST GENERAL ASSEMBLY

SRS101 00015 JEJ 45015 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1878

Introduced 2/15/2019, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-6-3.3-5 new

Amends the Unified Code of Corrections. Creates a Misdemeanor Retail Theft and Theft Diversionary Program. Provides that when any person who has not previously been convicted of any felony offense under the laws of this State or the laws of another state or federal law which would be classified as a felony offense in this State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program. Provides that 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; and (3) make full restitution to the victim or property owner plus 10% of the cost of the stolen item. Provides that upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person. Makes other changes.

A BILL FOR

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 adding Section 5-6-3.3-5 as follows:

(730 ILCS 5/5-6-3.3-5 new)

Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft Diversionary Program.

(a) When any person who has not previously been convicted of any felony offense under the laws of this State or the laws of another state or federal law which would be classified as a felony offense in this State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program.

(b) When the defendant is placed in the Program, the court shall enter an order specifying that the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months.

(c) 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; and

(3) make full restitution to the victim or property owner under Section 5-5-6 plus 10% of the cost of the stolen item.

(d) The court, in its discretion, may order the defendant to attend a theft, larceny, shoplifting, or theft awareness class either on-line or in person.

(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order specifying that the defendant has not successfully completed the Program and continue the case for arraignment under Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.

(f) Upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person.