Bill Status of HB5285  103rd General Assembly

Short Description:  PROBATION-CONVICTION-JUDGMENT

House Sponsors
Rep. Kevin John Olickal, Lindsey LaPointe, Jaime M. Andrade, Jr., Matt Hanson, Abdelnasser Rashid, Edgar Gonzalez, Jr., Barbara Hernandez, Aaron M. Ortiz, Patrick Windhorst and Norma Hernandez

Senate Sponsors
(Sen. Celina Villanueva - Mattie Hunter - Christopher Belt, Adriane Johnson, Rachel Ventura, Mary Edly-Allen, Terri Bryant, Sue Rezin, Emil Jones, III, Kimberly A. Lightford, Natalie Toro, Cristina Castro and Laura M. Murphy)

Last Action
DateChamber Action
  7/19/2024HousePublic Act . . . . . . . . . 103-0702

Statutes Amended In Order of Appearance
720 ILCS 5/2-5from Ch. 38, par. 2-5
720 ILCS 550/10from Ch. 56 1/2, par. 710
720 ILCS 570/410from Ch. 56 1/2, par. 1410
720 ILCS 646/70
730 ILCS 5/5-6-3.4
730 ILCS 5/5-6-3.6


Synopsis As Introduced
Amends the Criminal Code of 2012. In the definition of "conviction", provides that "conviction" means a judgment of conviction and sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury (rather than a judgment of conviction or sentence). Provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that for the first-time offender provisions of those Acts, a sentence under those provisions shall not be considered a conviction under Illinois law unless and until judgment is entered for a violation of the terms of the probation. Provides that a sentence (rather than discharge and dismissal) is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. Amends the Unified Code of Corrections. Makes the same changes with respect to the Second Chance Probation Program and the First Time Weapon Offense Program.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, except in the definition of "conviction" in the Criminal Code of 2012, restores a provision that "conviction" means a judgment of conviction or sentence (rather than a judgment of conviction and sentence) entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. In that definition, provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered.

Actions 
DateChamber Action
  2/8/2024HouseFiled with the Clerk by Rep. Kevin John Olickal
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  3/12/2024HouseAssigned to Judiciary - Criminal Committee
  4/4/2024HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  4/4/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kevin John Olickal
  4/8/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/9/2024HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  4/10/2024HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/11/2024HouseAdded Co-Sponsor Rep. Matt Hanson
  4/11/2024HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  4/11/2024HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  4/11/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  4/11/2024HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  4/15/2024HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/15/2024HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
  4/16/2024HouseAdded Co-Sponsor Rep. Patrick Windhorst
  4/16/2024HouseAdded Co-Sponsor Rep. Norma Hernandez
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2024HouseHouse Floor Amendment No. 1 Adopted
  4/19/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2024HouseThird Reading - Short Debate - Passed 105-000-000
  4/24/2024SenateArrive in Senate
  4/24/2024SenatePlaced on Calendar Order of First Reading
  4/24/2024SenateChief Senate Sponsor Sen. Celina Villanueva
  4/24/2024SenateFirst Reading
  4/24/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Special Committee on Criminal Law and Public Safety
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/1/2024SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  5/2/2024SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  5/2/2024SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/3/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/9/2024SenateDo Pass Special Committee on Criminal Law and Public Safety; 010-000-000
  5/9/2024SenatePlaced on Calendar Order of 2nd Reading May 14, 2024
  5/9/2024SenateAdded as Alternate Co-Sponsor Sen. Terri Bryant
  5/9/2024SenateAdded as Alternate Co-Sponsor Sen. Sue Rezin
  5/15/2024SenateSecond Reading
  5/15/2024SenatePlaced on Calendar Order of 3rd Reading
  5/15/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Christopher Belt
  5/15/2024SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/16/2024SenateThird Reading - Passed; 057-001-000
  5/16/2024HousePassed Both Houses
  5/17/2024SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/21/2024SenateAdded as Alternate Co-Sponsor Sen. Natalie Toro
  5/24/2024SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  6/3/2024SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  6/13/2024HouseSent to the Governor
  7/19/2024HouseGovernor Approved
  7/19/2024HouseEffective Date January 1, 2025
  7/19/2024HousePublic Act . . . . . . . . . 103-0702