SB3416 103RD GENERAL ASSEMBLY

LRB103 39005 RLC 69142 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3416

Introduced 2/8/2024, by Sen. Javier L. Cervantes

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-5-3.1	from Ch. 38, par. 1005-5-3.1
730 ILCS 167/31 new

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 5-5-3.1 as follows:

(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)

Sec. 5-5-3.1. Factors in mitigation.

(a) The following grounds shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment:

(1) The defendant's criminal conduct neither caused nor threatened serious physical harm to another.

(2) The defendant did not contemplate that his criminal conduct would cause or threaten serious physical harm to another.

(3) The defendant acted under a strong provocation.

(4) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense.

(5) The defendant's criminal conduct was induced or facilitated by someone other than the defendant.

(6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.

(8) The defendant's criminal conduct was the result of circumstances unlikely to recur.

(9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime.

(10) The defendant is particularly likely to comply with the terms of a period of probation.

(11) (Blank).

(12) The imprisonment of the defendant would endanger his or her medical condition.

(13) The defendant was a person with an intellectual disability as defined in Section 5-1-13 of this Code.

(14) The defendant sought or obtained emergency medical assistance for an overdose and was convicted of a Class 3 felony or higher possession, manufacture, or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog under the Illinois Controlled Substances Act or a Class 2 felony or higher possession, manufacture or delivery of methamphetamine under the Methamphetamine Control and Community Protection Act.

(15) At the time of the offense, the defendant is or had been the victim of domestic violence and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. As used in this paragraph (15), "domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

(16) At the time of the offense, the defendant was suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law.

(17) At the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial. In this paragraph (17):

"Post-partum depression" means a mood disorder which strikes many women during and after pregnancy which usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders.

"Post-partum psychosis" means an extreme form of post-partum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania.

(18) The defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Circumstances to be considered in assessing this factor in mitigation include:

(A) that the parent is breastfeeding the child;

(B) the age of the child, with strong consideration given to avoid disruption of the caregiving of an infant, pre-school or school-age child by a parent;

(C) the role of the parent in the day-to-day educational and medical needs of the child;

(D) the relationship of the parent and the child;

(E) any special medical, educational, or psychological needs of the child;

(F) the role of the parent in the financial support of the child;

(G) the likelihood that the child will be adjudged a dependent minor under Section 2-4 and declared a ward of the court under Section 2-22 of the Juvenile Court Act of 1987;

(H) the best interest of the child.

Under this Section, the defendant shall have the right to present a Family Impact Statement at sentencing, which the court shall consider in favor of withholding or minimizing a sentence of imprisonment prior to imposing any sentence and may include testimony from family and community members, written statements, video, and documentation. Unless the court finds that the parent poses a significant risk to the community that outweighs the risk of harm from the parent's removal from the family, the court shall impose a sentence in accordance with subsection (b) that allows the parent to continue to care for the child or children.

(19) The defendant serves as the caregiver for a relative who is ill, disabled, or elderly.

(b) If the court, having due regard for the character of the offender, the nature and circumstances of the offense and the public interest finds that a sentence of imprisonment is the most appropriate disposition of the offender, or where other provisions of this Code mandate the imprisonment of the offender, the grounds listed in paragraph (a) of this subsection shall be considered as factors in mitigation of the term imposed.

(20) The defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder.

(Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22.)

Section 10. The Veterans and Servicemembers Court Treatment Act is amended by adding Section 31 as follows:

(730 ILCS 167/31 new)

Sec. 31. Combat veterans; post-traumatic stress disorder.

(a) In this Section:

"Ambulance services" includes medical transportation services provided by means of an ambulance, helicopter, medi-car, service car, or taxi.

"Combat veteran" means an Illinois resident who is, or who was honorably discharged as, a member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of any reserve component of the Armed Forces of the United States and who served on active duty in connection with World War II, the Korean War, Southeast Asia War, Persian Gulf War, Operation Desert Storm, Operation Enduring Freedom, Operation Iraqi Freedom or Operation Iraqi Freedom, or any other foreign military action authorized by the President of the United States, or in which a declaration of war was declared by the Congress of the United States and enacted into law.

"Law enforcement agency" means an agency of the State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State.

"Peace officer" has the meaning ascribed to the term in Section 2-13 of the Criminal Code of 2012.

"Post-traumatic stress disorder" means a condition of persistent mental and emotional stress occurring as a result of injury or severe psychological shock, typically involving disturbance of sleep and constant vivid recall of the experience, with dulled responses to others and to the outside world.

"Qualified service-disabled veteran" means a veteran who has been found to have 10% or more service-connected disability by the United States Department of Veterans Affairs or the United States Department of Defense.

(b) If a combat veteran who is a qualified service-disabled veteran is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, or others.

(c) If it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself, herself, or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under Article 110 of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody.

(d) If a combat veteran who is a qualified service-disabled veteran resides in this State and is charged with a criminal offense, regardless of the severity of the offense and regardless whether the veteran was in active military service at the time of the commission of the offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.

(e) A diagnosis for post-traumatic stress disorder of the combat veteran who is a qualified service-disabled veteran and who is charged with a felony shall be taken into consideration by the State's Attorney and the court trying the veteran and shall be considered by the court as a mitigating factor in sentencing.