Sen. Antonio Muņoz
Filed: 3/13/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1312 




2    AMENDMENT NO. ______. Amend Senate Bill 1312 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Veterans and Servicemembers Court

5Treatment Act 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 
 
 
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1post-adjudication only with the approval of the court. 
2    (b) A defendant shall be excluded from Veterans and 
3Servicemembers Court program if
any of one of the following 
4applies:

5        (1) The crime is a crime of violence as set forth in 
6    clause (3) of this subsection (b).
7        (2) The defendant does not demonstrate a willingness to 
8    participate in a treatment
program.

9        (3) The defendant has been convicted of a crime of 
10    violence within the past 10
years excluding incarceration 
11    time, including . As used in this Section, "crime of 
12    violence" means: first degree murder,
second degree 
13    murder, predatory criminal sexual assault of a child, 
14    aggravated criminal
sexual assault, criminal sexual 
15    assault, armed robbery, aggravated arson, arson,

16    aggravated kidnapping and kidnapping, aggravated battery 
17    resulting in great bodily harm
or permanent disability, 
18    stalking, aggravated stalking, or any offense involving 
19    the
discharge of a firearm or where occurred serious bodily 
20    injury or death to any person.
21        (4) (Blank).


22        (5) The crime for which the defendant has been 
23    convicted is non-probationable.
24        (6) The sentence imposed on the defendant, whether the 
25    result of a plea or a finding of guilt, renders the 
26    defendant ineligible for probation.

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


 
2    Section 10. The Mental Health Court Treatment Act is 
3amended  by changing Section 20 as follows:
 
4    (730 ILCS 168/20)

5    Sec. 20. Eligibility. 
6    (a) A defendant, who is eligible for probation based on the 
7nature of the crime convicted of and in consideration of his or 
8her criminal background, if any, may be admitted into a mental 
9health court program only upon the agreement of the prosecutor 
10and the defendant and with the approval of the court.
11    (b) A defendant shall be excluded from a mental health 
12court program if any one of the following applies:
13        (1) The crime is a crime of violence as set forth in 
14    clause (3) of this subsection (b).
15        (2) The defendant does not demonstrate a willingness to 
16    participate in a treatment program.
17        (3) The defendant has been convicted of a crime of 
18    violence within the past 10 years excluding incarceration 
19    time. As used in this paragraph (3), "crime of violence" 
20    means: , specifically  first degree murder, second degree 
21    murder, predatory criminal sexual assault of a child, 
22    aggravated criminal sexual assault, criminal sexual 
23    assault, armed robbery, aggravated arson, arson, 
24    aggravated kidnapping, kidnapping, aggravated  battery 
 
 
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1    resulting in great bodily harm or permanent disability, 
2    stalking, aggravated stalking, or any offense involving 
3    the discharge of a firearm.
4        (4) (Blank).
5        (5) The crime for which the defendant has been 
6    convicted is non-probationable.
7        (6) The sentence imposed on the defendant, whether the 
8    result of a plea or a finding of guilt, renders the 
9    defendant ineligible for probation.



10    (c) A defendant charged with prostitution under Section 
1111-14 of the Criminal Code of 2012 may be admitted into a 
12mental health court program, if available in the jurisdiction 
13and provided that the requirements in subsections (a) and (b) 
14are satisfied.  Mental health court programs may include 
15specialized service programs specifically designed to address 
16the trauma associated with prostitution and human trafficking, 
17and may offer those specialized services to defendants admitted 
18to the mental health court program. Judicial circuits 
19establishing these specialized programs shall partner with 
20prostitution and human trafficking advocates, survivors, and 
21service providers in the development of the programs. 
22(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; 
2398-538, eff. 8-23-13; 98-621, eff. 1-7-14.)".