Sen. Jason Plummer
Filed: 3/4/2019
 
 

 

 

 
10100SB1878sam001LRB101 11423 SLF 57042 a



1
AMENDMENT TO SENATE BILL 1878 




2    AMENDMENT NO. ______. Amend Senate Bill 1878 by replacing 
3everything after the enacting clause with the following:

 
 
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:
10        (1) been convicted of a violation of subsection (h) or 
11    (i) of Section 17-10.6 of the Criminal Code of 2012 or 
12    convicted of any similar offense in another state; or 
13        (2) completed or failed to complete the Misdemeanor 
14    Retail Theft and Theft Diversionary Program under this 
15    Section; 
16    is arrested for and charged with a misdemeanor offense of 
 
 
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1theft or retail theft, the court may, with the consent of the 
2defendant and the State's Attorney, continue the matter to 
3allow the defendant to participate and complete the Misdemeanor 
4Retail Theft and Theft Diversionary Program. 
5    (b) When the defendant is placed in the Program, the court 
6shall enter an order specifying that the proceedings shall be 
7suspended while the defendant is participating in the Program 
8for not less than 12 months. 
9    (c) The conditions of the Program shall be that the 
10defendant: 
11        (1) not violate any criminal statute of this State or 
12    any other jurisdiction; 
13        (2) refrain from possessing a firearm or other 
14    dangerous weapon; and 
15        (3) make full restitution to the victim or property 
16    owner under Section 5-5-6 plus 10% of the cost of the 
17    stolen item. 
18    (d) The court, in its discretion, may order the defendant 
19to attend a theft, larceny, shoplifting, or theft awareness 
20class either on-line or in person. 
21    (e) When the State's Attorney makes a factually specific 
22offer of proof that the defendant has failed to successfully 
23complete the Program or has violated any of the conditions of 
24the Program, the court shall enter an order specifying that the 
25defendant has not successfully completed the Program and 
26continue the case for arraignment under Section 113-1 of the 
 
 
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1Code of Criminal Procedure of 1963 for further proceedings as 
2if the defendant had not participated in the Program. 
3    (f) Upon fulfillment of the terms and conditions of the 
4Program, the State's Attorney shall dismiss the case or the 
5court shall discharge the person and dismiss the proceedings 
6against the person.".