Illinois General Assembly - Full Text of SB0765
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Full Text of SB0765  102nd General Assembly



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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
5changing Section 5-6-3.6 as follows:
6    (730 ILCS 5/5-6-3.6)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5-6-3.6. First Time Weapon Offender Program.
9    (a) The General Assembly has sought to promote public
10safety, reduce recidivism, and conserve valuable resources of
11the criminal justice system through the creation of diversion
12programs for non-violent offenders. This amendatory Act of the
13100th General Assembly establishes a pilot program for
14first-time, non-violent offenders charged with certain weapons
15offenses. The General Assembly recognizes some persons,
16particularly young adults in areas of high crime or poverty,
17may have experienced trauma that contributes to poor decision
18making skills, and the creation of a diversionary program
19poses a greater benefit to the community and the person than
20incarceration. Under this program, a court, with the consent
21of the defendant and the State's Attorney, may sentence a
22defendant charged with an unlawful use of weapons offense
23under Section 24-1 of the Criminal Code of 2012 or aggravated



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1unlawful use of a weapon offense under Section 24-1.6 of the
2Criminal Code of 2012, if punishable as a Class 4 felony or
3lower, to a First Time Weapon Offender Program.
4    (b) A defendant is not eligible for this Program if:
5        (1) the offense was committed during the commission of
6    a violent offense as defined in subsection (h) of this
7    Section;
8        (2) he or she has previously been convicted or placed
9    on probation or conditional discharge for any violent
10    offense under the laws of this State, the laws of any other
11    state, or the laws of the United States;
12        (3) he or she had a prior successful completion of the
13    First Time Weapon Offender Program under this Section;
14        (4) he or she has previously been adjudicated a
15    delinquent minor for the commission of a violent offense;
16        (5) he or she is 21 years of age or older; or
17        (6) he or she has an existing order of protection
18    issued against him or her.
19    (b-5) In considering whether a defendant shall be
20sentenced to the First Time Weapon Offender Program, the court
21shall consider the following:
22        (1) the age, immaturity, or limited mental capacity of
23    the defendant;
24        (2) the nature and circumstances of the offense;
25        (3) whether participation in the Program is in the
26    interest of the defendant's rehabilitation, including any



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1    employment or involvement in community, educational,
2    training, or vocational programs;
3        (4) whether the defendant suffers from trauma, as
4    supported by documentation or evaluation by a licensed
5    professional; and
6        (5) the potential risk to public safety.
7    (c) For an offense committed on or after the effective
8date of this amendatory Act of the 100th General Assembly and
9before January 1, 2023, whenever an eligible person pleads
10guilty to an unlawful use of weapons offense under Section
1124-1 of the Criminal Code of 2012 or aggravated unlawful use of
12a weapon offense under Section 24-1.6 of the Criminal Code of
132012, which is punishable as a Class 4 felony or lower, the
14court, with the consent of the defendant and the State's
15Attorney, may, without entering a judgment, sentence the
16defendant to complete the First Time Weapon Offender Program.
17When a defendant is placed in the Program, the court shall
18defer further proceedings in the case until the conclusion of
19the period or until the filing of a petition alleging
20violation of a term or condition of the Program. Upon
21violation of a term or condition of the Program, the court may
22enter a judgment on its original finding of guilt and proceed
23as otherwise provided by law. Upon fulfillment of the terms
24and conditions of the Program, the court shall discharge the
25person and dismiss the proceedings against the person.
26    (d) The Program shall be at least 18 months and not to



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1exceed 24 months, as determined by the court at the
2recommendation of the Program program administrator and the
3State's Attorney. The Program administrator may be appointed
4by the Chief Judge of each Judicial Circuit.
5    (e) The conditions of the Program shall be that the
7        (1) not violate any criminal statute of this State or
8    any other jurisdiction;
9        (2) refrain from possessing a firearm or other
10    dangerous weapon;
11        (3) obtain or attempt to obtain employment;
12        (4) attend educational courses designed to prepare the
13    defendant for obtaining a high school diploma or to work
14    toward passing high school equivalency testing or to work
15    toward completing a vocational training program;
16        (5) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the
18    Methamphetamine Control and Community Protection Act, the
19    Cannabis Control Act, or the Illinois Controlled
20    Substances Act, unless prescribed by a physician, and
21    submit samples of his or her blood or urine or both for
22    tests to determine the presence of any illicit drug;
23        (6) perform a minimum of 50 hours of community
24    service;
25        (7) attend and participate in any Program activities
26    deemed required by the Program administrator, including



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1    but not limited to: counseling sessions, in-person and
2    over the phone check-ins, and educational classes; and
3        (8) pay all fines, assessments, fees, and costs.
4    (f) The Program may, in addition to other conditions,
5require that the defendant:
6        (1) wear an ankle bracelet with GPS tracking;
7        (2) undergo medical or psychiatric treatment, or
8    treatment or rehabilitation approved by the Department of
9    Human Services; and
10        (3) attend or reside in a facility established for the
11    instruction or residence of defendants on probation.
12    (g) There may be only one discharge and dismissal under
13this Section. If a person is convicted of any offense which
14occurred within 5 years subsequent to a discharge and
15dismissal under this Section, the discharge and dismissal
16under this Section shall be admissible in the sentencing
17proceeding for that conviction as evidence in aggravation.
18    (h) For purposes of this Section, "violent offense" means
19any offense in which bodily harm was inflicted or force was
20used against any person or threatened against any person; any
21offense involving the possession of a firearm or dangerous
22weapon; any offense involving sexual conduct, sexual
23penetration, or sexual exploitation; violation of an order of
24protection, stalking, hate crime, domestic battery, or any
25offense of domestic violence.
26    (i) This Section is repealed on January 1, 2023.



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1(Source: P.A. 100-3, eff. 1-1-18.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.