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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | adding 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 | ||||||
8 | Diversionary Program. | ||||||
9 | (a) When any person who has not previously been convicted | ||||||
10 | of a violation of subsection (h) or (i) of Section 17-10.6 of | ||||||
11 | the Criminal Code of 2012 or convicted of any similar offense | ||||||
12 | in another state is arrested for and charged with a misdemeanor | ||||||
13 | offense of theft or retail theft, the court may, with the | ||||||
14 | consent of the defendant and the State's Attorney, continue the | ||||||
15 | matter to allow the defendant to participate and complete the | ||||||
16 | Misdemeanor Retail Theft and Theft Diversionary Program. | ||||||
17 | (b) When the defendant is placed in the Program, the court | ||||||
18 | shall enter an order specifying that the proceedings shall be | ||||||
19 | suspended while the defendant is participating in the Program. | ||||||
20 | The Program shall be for a duration of not less than 12 months. | ||||||
21 | (c) The conditions of the Program shall be that the | ||||||
22 | defendant: | ||||||
23 | (1) not violate any criminal statute of this State or |
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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 | ||||||
8 | to attend a theft, larceny, shoplifting, or theft awareness | ||||||
9 | class either online or in person. | ||||||
10 | (e) When the State's Attorney makes a factually specific | ||||||
11 | offer of proof that the defendant has failed to successfully | ||||||
12 | complete the Program or has violated any of the conditions of | ||||||
13 | the Program, the court shall enter an order specifying that the | ||||||
14 | defendant has not successfully completed the Program and | ||||||
15 | continue the case for arraignment under Section 113-1 of the | ||||||
16 | Code of Criminal Procedure of 1963 for further proceedings as | ||||||
17 | if the defendant had not participated in the Program. | ||||||
18 | (f) Upon fulfillment of the terms and conditions of the | ||||||
19 | Program, the State's Attorney shall dismiss the case or the | ||||||
20 | court shall discharge the person and dismiss the proceedings | ||||||
21 | against the person. | ||||||
22 | (g) A person may only have one discharge and dismissal | ||||||
23 | under this Section within a 3-year period.
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