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.


SRS101 00015 JEJ 45015 b

 

 

A BILL FOR

 

SB1878SRS101 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 any felony offense under the laws of this State or the laws
11of another state or federal law which would be classified as a
12felony offense in this State is arrested for and charged with a
13misdemeanor offense of theft or retail theft, with the consent
14of the defendant and the State's Attorney, may 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 a Program of
20not less 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- 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 on-line 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.