103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3225

 

Introduced 2/17/2023, by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 750/15.6d new
725 ILCS 5/115-7.5 new
730 ILCS 5/3-7-4.5 new
730 ILCS 5/5-4-1  from Ch. 38, par. 1005-4-1
730 ILCS 125/26.2 new
735 ILCS 5/Art. VIII Pt. 30 heading new
735 ILCS 5/8-3001 new

    Provides that the amendatory Act may be referred to as the Veterans in Justice Act. Includes legislative findings. Amends the Emergency Telephone System Act. Provides that the Illinois State Police, with the advice and recommendation of the Statewide 9-1-1 Administrator, shall adopt rules to allow a veteran to submit his or her name and phone number to the Administrator so that each time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or 9-8-8 operator would see that the individual is a veteran and transmit that information to first responders, crisis responders, and deflection teams. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that evidence related to a person's veteran status is not admissible in any civil or criminal proceeding, except in specified circumstances. Further amends the Code of Criminal Procedure of 1963 to provide that a person's veteran status shall not be used by the court to enhance the person's sentence. Amends the Unified Code of Corrections and the County Jail Act. Provides that a facility or county jail may not classify an inmate or prisoner as more dangerous or otherwise treat the inmate or prisoner less favorably than other inmates or prisoners due to the fact that the inmate or prisoner is a veteran or a combat veteran. Provides that each facility or county jail shall make available to all veterans within the facility or jail resources available to those inmates because of their veteran status, including benefits provided by the U.S. Department of Veterans Affairs, the Illinois Department of Veterans' Affairs, and other, non-VA benefits.


LRB103 30130 AWJ 56554 b

 

 

A BILL FOR

 

HB3225LRB103 30130 AWJ 56554 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act be referred to as the Veterans in
5Justice Act.
 
6    Section 5. The General Assembly finds:
7    (1) Veterans who encounter or enter the justice system can
8find themselves being treated in a stereotypical way,
9classified as dangerous, and not aware of the services
10available to them. This represents an injustice to our
11veterans.
12    (2) When a veteran enters the justice system, in addition
13to the normal issues faced by any person entering the justice
14system, the veteran may present greater issues than the
15general population related to Post-Traumatic Stress Disorder,
16trauma, drug use, and mental health, and, therefore, the
17veteran is is often perceived as being more dangerous.
18Veterans need assistance for the challenges they face and also
19to not be seen as dangerous merely because of their veteran
20status, especially for those that are combat veterans.
 
21    Section 10. The Emergency Telephone System Act is amended
22by adding Section 15.6d as follows:
 

 

 

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1    (50 ILCS 750/15.6d new)
2    Sec. 15.6d. 9-1-1 and 9-8-8 veteran identification. The
3Illinois State Police, with the advice and recommendation of
4the Administrator, shall adopt rules to allow a veteran, as
5that term is defined in Section 4 of the Illinois Veteran,
6Youth, and Young Adult Conservation Jobs Act, to submit his or
7her name and phone number to the Administrator so that each
8time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or
99-8-8 operator would see that the individual is a veteran and
10transmit that information to first responders, crisis
11responders, and deflection teams.
 
12    Section 15. The Code of Criminal Procedure of 1963 is
13amended by adding Section 115-7.5 as follows:
 
14    (725 ILCS 5/115-7.5 new)
15    Sec. 115-7.5. Admissibility of veteran status.
16    (a) As used in this Section, "veteran" has the meaning
17given to that term in Section 4 of the Illinois Veteran, Youth,
18and Young Adult Conservation Jobs Act.
19    (b) Except as provided in subsection (c) and Section 5-4-1
20of the Unified Code of Corrections, evidence related to a
21person's veteran status is not admissible in any criminal
22proceeding.
23    (c) Evidence otherwise inadmissible under this Section is

 

 

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1admissible if:
2        (1) it is essential to prove an element of a crime or a
3    defense;
4        (2) it is offered to prove an interest or bias of a
5    witness, if it does not cause confusion of the issues or
6    mislead the trier of fact, and the probative value of the
7    evidence outweighs its prejudicial nature; or
8        (3) a person or his or her attorney voluntarily
9    reveals his or her veteran status to the court.
10     (d) A party intending to offer evidence relating to a
11person's veteran status shall file a written motion at least
1214 days before a hearing or a trial specifically describing
13the evidence and stating the purpose for which it is offered. A
14court, for good cause, may require a different time for filing
15or permit filing during trial.
16    Upon receipt of the motion and notice to all parties, the
17court shall conduct an in camera hearing, with counsel
18present, limited to review of the probative value of the
19person's veteran status to the case. If the court finds that
20the evidence relating to a person's veteran status meets the
21criteria set forth in paragraph (1), (2), or (3) of subsection
22(c), the court shall make findings of fact and conclusions of
23law regarding the permitted use of the evidence.
24    The motion, related papers, and the record of the hearing
25shall be sealed and remain under seal unless the court orders
26otherwise.
 

 

 

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1    Section 20. The Unified Code of Corrections is amended by
2changing Section 5-4-1 and by adding Section 3-7-4.5 as
3follows:
 
4    (730 ILCS 5/3-7-4.5 new)
5    Sec. 3-7-4.5. Veteran inmates.
6    (a) As used in this Section, "veteran" has the meaning
7given to that term in Section 4 of the Illinois Veteran, Youth,
8and Young Adult Conservation Jobs Act.
9    (b) A facility may not classify an inmate as more
10dangerous or otherwise treat the inmate less favorably than
11other inmates due to the fact that the inmate is a veteran or a
12combat veteran.
13    (c) Each facility shall make available to all veterans
14within the facility resources available to those inmates
15because of their veteran status, including benefits provided
16by the U.S. Department of Veterans Affairs, the Illinois
17Department of Veterans' Affairs, and other, non-VA benefits.
 
18    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
19    Sec. 5-4-1. Sentencing hearing.
20    (a) Except when the death penalty is sought under hearing
21procedures otherwise specified, after a determination of
22guilt, a hearing shall be held to impose the sentence.
23However, prior to the imposition of sentence on an individual

 

 

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1being sentenced for an offense based upon a charge for a
2violation of Section 11-501 of the Illinois Vehicle Code or a
3similar provision of a local ordinance, the individual must
4undergo a professional evaluation to determine if an alcohol
5or other drug abuse problem exists and the extent of such a
6problem. Programs conducting these evaluations shall be
7licensed by the Department of Human Services. However, if the
8individual is not a resident of Illinois, the court may, in its
9discretion, accept an evaluation from a program in the state
10of such individual's residence. The court shall make a
11specific finding about whether the defendant is eligible for
12participation in a Department impact incarceration program as
13provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
14explanation as to why a sentence to impact incarceration is
15not an appropriate sentence. The court may in its sentencing
16order recommend a defendant for placement in a Department of
17Corrections substance abuse treatment program as provided in
18paragraph (a) of subsection (1) of Section 3-2-2 conditioned
19upon the defendant being accepted in a program by the
20Department of Corrections. At the hearing the court shall:
21        (1) consider the evidence, if any, received upon the
22    trial;
23        (2) consider any presentence reports;
24        (3) consider the financial impact of incarceration
25    based on the financial impact statement filed with the
26    clerk of the court by the Department of Corrections;

 

 

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1        (4) consider evidence and information offered by the
2    parties in aggravation and mitigation;
3        (4.5) consider substance abuse treatment, eligibility
4    screening, and an assessment, if any, of the defendant by
5    an agent designated by the State of Illinois to provide
6    assessment services for the Illinois courts;
7        (5) hear arguments as to sentencing alternatives;
8        (6) afford the defendant the opportunity to make a
9    statement in his own behalf;
10        (7) afford the victim of a violent crime or a
11    violation of Section 11-501 of the Illinois Vehicle Code,
12    or a similar provision of a local ordinance, the
13    opportunity to present an oral or written statement, as
14    guaranteed by Article I, Section 8.1 of the Illinois
15    Constitution and provided in Section 6 of the Rights of
16    Crime Victims and Witnesses Act. The court shall allow a
17    victim to make an oral statement if the victim is present
18    in the courtroom and requests to make an oral or written
19    statement. An oral or written statement includes the
20    victim or a representative of the victim reading the
21    written statement. The court may allow persons impacted by
22    the crime who are not victims under subsection (a) of
23    Section 3 of the Rights of Crime Victims and Witnesses Act
24    to present an oral or written statement. A victim and any
25    person making an oral statement shall not be put under
26    oath or subject to cross-examination. All statements

 

 

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1    offered under this paragraph (7) shall become part of the
2    record of the court. In this paragraph (7), "victim of a
3    violent crime" means a person who is a victim of a violent
4    crime for which the defendant has been convicted after a
5    bench or jury trial or a person who is the victim of a
6    violent crime with which the defendant was charged and the
7    defendant has been convicted under a plea agreement of a
8    crime that is not a violent crime as defined in subsection
9    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
10        (7.5) afford a qualified person affected by: (i) a
11    violation of Section 405, 405.1, 405.2, or 407 of the
12    Illinois Controlled Substances Act or a violation of
13    Section 55 or Section 65 of the Methamphetamine Control
14    and Community Protection Act; or (ii) a Class 4 felony
15    violation of Section 11-14, 11-14.3 except as described in
16    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
17    11-18.1, or 11-19 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, committed by the defendant the
19    opportunity to make a statement concerning the impact on
20    the qualified person and to offer evidence in aggravation
21    or mitigation; provided that the statement and evidence
22    offered in aggravation or mitigation shall first be
23    prepared in writing in conjunction with the State's
24    Attorney before it may be presented orally at the hearing.
25    Sworn testimony offered by the qualified person is subject
26    to the defendant's right to cross-examine. All statements

 

 

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1    and evidence offered under this paragraph (7.5) shall
2    become part of the record of the court. In this paragraph
3    (7.5), "qualified person" means any person who: (i) lived
4    or worked within the territorial jurisdiction where the
5    offense took place when the offense took place; or (ii) is
6    familiar with various public places within the territorial
7    jurisdiction where the offense took place when the offense
8    took place. "Qualified person" includes any peace officer
9    or any member of any duly organized State, county, or
10    municipal peace officer unit assigned to the territorial
11    jurisdiction where the offense took place when the offense
12    took place;
13        (8) in cases of reckless homicide afford the victim's
14    spouse, guardians, parents or other immediate family
15    members an opportunity to make oral statements;
16        (9) in cases involving a felony sex offense as defined
17    under the Sex Offender Management Board Act, consider the
18    results of the sex offender evaluation conducted pursuant
19    to Section 5-3-2 of this Act; and
20        (10) make a finding of whether a motor vehicle was
21    used in the commission of the offense for which the
22    defendant is being sentenced.
23    (b) All sentences shall be imposed by the judge based upon
24his independent assessment of the elements specified above and
25any agreement as to sentence reached by the parties. The judge
26who presided at the trial or the judge who accepted the plea of

 

 

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1guilty shall impose the sentence unless he is no longer
2sitting as a judge in that court. Where the judge does not
3impose sentence at the same time on all defendants who are
4convicted as a result of being involved in the same offense,
5the defendant or the State's Attorney may advise the
6sentencing court of the disposition of any other defendants
7who have been sentenced.
8    (b-1) In imposing a sentence of imprisonment or periodic
9imprisonment for a Class 3 or Class 4 felony for which a
10sentence of probation or conditional discharge is an available
11sentence, if the defendant has no prior sentence of probation
12or conditional discharge and no prior conviction for a violent
13crime, the defendant shall not be sentenced to imprisonment
14before review and consideration of a presentence report and
15determination and explanation of why the particular evidence,
16information, factor in aggravation, factual finding, or other
17reasons support a sentencing determination that one or more of
18the factors under subsection (a) of Section 5-6-1 of this Code
19apply and that probation or conditional discharge is not an
20appropriate sentence.
21    (c) In imposing a sentence for a violent crime or for an
22offense of operating or being in physical control of a vehicle
23while under the influence of alcohol, any other drug or any
24combination thereof, or a similar provision of a local
25ordinance, when such offense resulted in the personal injury
26to someone other than the defendant, the trial judge shall

 

 

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1specify on the record the particular evidence, information,
2factors in mitigation and aggravation or other reasons that
3led to his sentencing determination. The full verbatim record
4of the sentencing hearing shall be filed with the clerk of the
5court and shall be a public record.
6    (c-1) In imposing a sentence for the offense of aggravated
7kidnapping for ransom, home invasion, armed robbery,
8aggravated vehicular hijacking, aggravated discharge of a
9firearm, or armed violence with a category I weapon or
10category II weapon, the trial judge shall make a finding as to
11whether the conduct leading to conviction for the offense
12resulted in great bodily harm to a victim, and shall enter that
13finding and the basis for that finding in the record.
14    (c-1.5) Notwithstanding any other provision of law to the
15contrary, in imposing a sentence for an offense that requires
16a mandatory minimum sentence of imprisonment, the court may
17instead sentence the offender to probation, conditional
18discharge, or a lesser term of imprisonment it deems
19appropriate if: (1) the offense involves the use or possession
20of drugs, retail theft, or driving on a revoked license due to
21unpaid financial obligations; (2) the court finds that the
22defendant does not pose a risk to public safety; and (3) the
23interest of justice requires imposing a term of probation,
24conditional discharge, or a lesser term of imprisonment. The
25court must state on the record its reasons for imposing
26probation, conditional discharge, or a lesser term of

 

 

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1imprisonment.
2    (c-2) If the defendant is sentenced to prison, other than
3when a sentence of natural life imprisonment or a sentence of
4death is imposed, at the time the sentence is imposed the judge
5shall state on the record in open court the approximate period
6of time the defendant will serve in custody according to the
7then current statutory rules and regulations for sentence
8credit found in Section 3-6-3 and other related provisions of
9this Code. This statement is intended solely to inform the
10public, has no legal effect on the defendant's actual release,
11and may not be relied on by the defendant on appeal.
12    The judge's statement, to be given after pronouncing the
13sentence, other than when the sentence is imposed for one of
14the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
15shall include the following:
16    "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois
20as applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, assuming the defendant receives all of his or her
23sentence credit, the period of estimated actual custody is ...
24years and ... months, less up to 180 days additional earned
25sentence credit. If the defendant, because of his or her own
26misconduct or failure to comply with the institutional

 

 

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1regulations, does not receive those credits, the actual time
2served in prison will be longer. The defendant may also
3receive an additional one-half day sentence credit for each
4day of participation in vocational, industry, substance abuse,
5and educational programs as provided for by Illinois statute."
6    When the sentence is imposed for one of the offenses
7enumerated in paragraph (a)(2) of Section 3-6-3, other than
8first degree murder, and the offense was committed on or after
9June 19, 1998, and when the sentence is imposed for reckless
10homicide as defined in subsection (e) of Section 9-3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 if the
12offense was committed on or after January 1, 1999, and when the
13sentence is imposed for aggravated driving under the influence
14of alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof as defined in
16subparagraph (F) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code, and when the sentence is
18imposed for aggravated arson if the offense was committed on
19or after July 27, 2001 (the effective date of Public Act
2092-176), and when the sentence is imposed for aggravated
21driving under the influence of alcohol, other drug or drugs,
22or intoxicating compound or compounds, or any combination
23thereof as defined in subparagraph (C) of paragraph (1) of
24subsection (d) of Section 11-501 of the Illinois Vehicle Code
25committed on or after January 1, 2011 (the effective date of
26Public Act 96-1230), the judge's statement, to be given after

 

 

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1pronouncing the sentence, shall include the following:
2    "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois
6as applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, the defendant is entitled to no more than 4 1/2 days of
9sentence credit for each month of his or her sentence of
10imprisonment. Therefore, this defendant will serve at least
1185% of his or her sentence. Assuming the defendant receives 4
121/2 days credit for each month of his or her sentence, the
13period of estimated actual custody is ... years and ...
14months. If the defendant, because of his or her own misconduct
15or failure to comply with the institutional regulations
16receives lesser credit, the actual time served in prison will
17be longer."
18    When a sentence of imprisonment is imposed for first
19degree murder and the offense was committed on or after June
2019, 1998, the judge's statement, to be given after pronouncing
21the sentence, shall include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois
26as applied to this sentence by the Illinois Department of

 

 

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is not entitled to sentence credit.
3Therefore, this defendant will serve 100% of his or her
4sentence."
5    When the sentencing order recommends placement in a
6substance abuse program for any offense that results in
7incarceration in a Department of Corrections facility and the
8crime was committed on or after September 1, 2003 (the
9effective date of Public Act 93-354), the judge's statement,
10in addition to any other judge's statement required under this
11Section, to be given after pronouncing the sentence, shall
12include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois
17as applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant shall receive no earned sentence credit
20under clause (3) of subsection (a) of Section 3-6-3 until he or
21she participates in and completes a substance abuse treatment
22program or receives a waiver from the Director of Corrections
23pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
24    (c-4) Before the sentencing hearing and as part of the
25presentence investigation under Section 5-3-1, the court shall
26inquire of the defendant whether the defendant is currently

 

 

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1serving in or is a veteran of the Armed Forces of the United
2States. If the defendant is currently serving in the Armed
3Forces of the United States or is a veteran of the Armed Forces
4of the United States and has been diagnosed as having a mental
5illness by a qualified psychiatrist or clinical psychologist
6or physician, the court may:
7        (1) order that the officer preparing the presentence
8    report consult with the United States Department of
9    Veterans Affairs, Illinois Department of Veterans'
10    Affairs, or another agency or person with suitable
11    knowledge or experience for the purpose of providing the
12    court with information regarding treatment options
13    available to the defendant, including federal, State, and
14    local programming; and
15        (2) consider the treatment recommendations of any
16    diagnosing or treating mental health professionals
17    together with the treatment options available to the
18    defendant in imposing sentence.
19    A person's veteran status shall not be used by the court to
20enhance the person's sentence.
21    For the purposes of this subsection (c-4), "qualified
22psychiatrist" means a reputable physician licensed in Illinois
23to practice medicine in all its branches, who has specialized
24in the diagnosis and treatment of mental and nervous disorders
25for a period of not less than 5 years.
26    (c-6) In imposing a sentence, the trial judge shall

 

 

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1specify, on the record, the particular evidence and other
2reasons which led to his or her determination that a motor
3vehicle was used in the commission of the offense.
4    (c-7) In imposing a sentence for a Class 3 or 4 felony,
5other than a violent crime as defined in Section 3 of the
6Rights of Crime Victims and Witnesses Act, the court shall
7determine and indicate in the sentencing order whether the
8defendant has 4 or more or fewer than 4 months remaining on his
9or her sentence accounting for time served.
10    (d) When the defendant is committed to the Department of
11Corrections, the State's Attorney shall and counsel for the
12defendant may file a statement with the clerk of the court to
13be transmitted to the department, agency or institution to
14which the defendant is committed to furnish such department,
15agency or institution with the facts and circumstances of the
16offense for which the person was committed together with all
17other factual information accessible to them in regard to the
18person prior to his commitment relative to his habits,
19associates, disposition and reputation and any other facts and
20circumstances which may aid such department, agency or
21institution during its custody of such person. The clerk shall
22within 10 days after receiving any such statements transmit a
23copy to such department, agency or institution and a copy to
24the other party, provided, however, that this shall not be
25cause for delay in conveying the person to the department,
26agency or institution to which he has been committed.

 

 

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1    (e) The clerk of the court shall transmit to the
2department, agency or institution, if any, to which the
3defendant is committed, the following:
4        (1) the sentence imposed;
5        (2) any statement by the court of the basis for
6    imposing the sentence;
7        (3) any presentence reports;
8        (3.5) any sex offender evaluations;
9        (3.6) any substance abuse treatment eligibility
10    screening and assessment of the defendant by an agent
11    designated by the State of Illinois to provide assessment
12    services for the Illinois courts;
13        (4) the number of days, if any, which the defendant
14    has been in custody and for which he is entitled to credit
15    against the sentence, which information shall be provided
16    to the clerk by the sheriff;
17        (4.1) any finding of great bodily harm made by the
18    court with respect to an offense enumerated in subsection
19    (c-1);
20        (5) all statements filed under subsection (d) of this
21    Section;
22        (6) any medical or mental health records or summaries
23    of the defendant;
24        (7) the municipality where the arrest of the offender
25    or the commission of the offense has occurred, where such
26    municipality has a population of more than 25,000 persons;

 

 

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1        (8) all statements made and evidence offered under
2    paragraph (7) of subsection (a) of this Section; and
3        (9) all additional matters which the court directs the
4    clerk to transmit.
5    (f) In cases in which the court finds that a motor vehicle
6was used in the commission of the offense for which the
7defendant is being sentenced, the clerk of the court shall,
8within 5 days thereafter, forward a report of such conviction
9to the Secretary of State.
10(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
11101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
12Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
13    Section 25. The County Jail Act is amended by adding
14Section 26.2 as follows:
 
15    (730 ILCS 125/26.2 new)
16    Sec. 26.2. Veteran prisoners.
17    (a) As used in this Section, "veteran" has the meaning
18given to that term in Section 4 of the Illinois Veteran, Youth,
19and Young Adult Conservation Jobs Act.
20    (b) A facility may not classify a prisoner as more
21dangerous or otherwise treat the prisoner less favorably than
22other inmates due to the fact that the prisoner is a veteran or
23a combat veteran.
24    (c) Each jail shall make available to all veterans within

 

 

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1the jail resources available to those inmates because of their
2veteran status, including benefits provided by the U.S.
3Department of Veterans Affairs, the Illinois Department of
4Veterans' Affairs, and other, non-VA benefits.
 
5    Section 30. The Code of Civil Procedure is amended by
6adding Part 30 of Article VIII as follows:
 
7    (735 ILCS 5/Art. VIII Pt. 30 heading new)
8
Part 30. Veteran Status

 
9    (735 ILCS 5/8-3001 new)
10    Sec. 8-3001. Admissibility of evidence; veteran status.
11    (a) As used in this Section, "veteran" has the meaning
12given to that term in Section 4 of the Illinois Veteran, Youth,
13and Young Adult Conservation Jobs Act.
14    (b) Except as provided in subsection (c), evidence related
15to a person's veteran status is not admissible in any civil
16proceeding.
17    (c) Evidence otherwise inadmissible under this Section is
18admissible if:
19        (1) it is essential to prove an element of a claim or
20    an affirmative defense;
21        (2) it is offered to prove an interest or bias of a
22    witness, if it does not cause confusion of the issues or
23    mislead the trier of fact, and the probative value of the

 

 

HB3225- 20 -LRB103 30130 AWJ 56554 b

1    evidence outweighs its prejudicial nature; or
2        (3) a person or his or her attorney voluntarily
3    reveals his or her veteran status to the court.
4    (d) A party intending to offer evidence relating to a
5person's veteran status shall file a written motion at least
614 days before a hearing or a trial specifically describing
7the evidence and stating the purpose for which it is offered. A
8court, for good cause, may require a different time for filing
9or permit filing during trial.
10    Upon receipt of the motion and notice to all parties, the
11court shall conduct an in camera hearing, with counsel
12present, limited to review of the probative value of the
13person's veteran status to the case. If the court finds that
14the evidence relating to a person's veteran status meets the
15criteria set forth in paragraph (1), (2), or (3) of subsection
16(c), the court shall make findings of fact and conclusions of
17law regarding the permitted use of the evidence.
18    The motion, related papers, and the record of the hearing
19shall be sealed and remain under seal unless the court orders
20otherwise.