SB1878 EngrossedSRS101 00015 JEJ 45015 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 Unified Code of Corrections is amended by
5adding Section 5-6-3.3-5 as follows:
 
6    (730 ILCS 5/5-6-3.3-5 new)
7    Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft
8Diversionary Program.
9    (a) When any person who has not previously been convicted
10of a violation of subsection (h) or (i) of Section 17-10.6 of
11the Criminal Code of 2012 or convicted of any similar offense
12in another state is arrested for and charged with a misdemeanor
13offense of theft or retail theft, the court may, with the
14consent of the defendant and the State's Attorney, continue the
15matter to allow the defendant to participate and complete the
16Misdemeanor Retail Theft and Theft Diversionary Program.
17    (b) When the defendant is placed in the Program, the court
18shall enter an order specifying that the proceedings shall be
19suspended while the defendant is participating in the Program.
20The Program shall be for a duration of not less than 12 months.
21    (c) The conditions of the Program shall be that the
22defendant:
23        (1) not violate any criminal statute of this State or

 

 

SB1878 Engrossed- 2 -SRS101 00015 JEJ 45015 b

1    any other jurisdiction;
2        (2) refrain from possessing a firearm or other
3    dangerous weapon; and
4        (3) make full restitution to the victim or property
5    owner under Section 5-5-6 plus 10% of the cost of the
6    stolen item.
7    (d) The court, in its discretion, may order the defendant
8to attend a theft, larceny, shoplifting, or theft awareness
9class either online or in person.
10    (e) When the State's Attorney makes a factually specific
11offer of proof that the defendant has failed to successfully
12complete the Program or has violated any of the conditions of
13the Program, the court shall enter an order specifying that the
14defendant has not successfully completed the Program and
15continue the case for arraignment under Section 113-1 of the
16Code of Criminal Procedure of 1963 for further proceedings as
17if the defendant had not participated in the Program.
18    (f) Upon fulfillment of the terms and conditions of the
19Program, the State's Attorney shall dismiss the case or the
20court shall discharge the person and dismiss the proceedings
21against the person.
22    (g) A person may only have one discharge and dismissal
23under this Section within a 3-year period.