Illinois General Assembly - Full Text of SB1312
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Full Text of SB1312  100th General Assembly

SB1312enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1312 EnrolledLRB100 08459 RLC 18577 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 Veterans and Servicemembers Court Treatment
5Act is amended by changing Section 20 as follows:
 
6    (730 ILCS 167/20)
7    Sec. 20. Eligibility. Veterans and Servicemembers are
8eligible for Veterans and Servicemembers Courts, provided the
9following:
10    (a) A defendant, who is eligible for probation based on the
11nature of the crime convicted of and in consideration of his or
12her criminal background, if any, may be admitted into a
13Veterans and Servicemembers Court program before adjudication
14only upon the agreement of the prosecutor and the defendant and
15with the approval of the Court. A defendant may be admitted
16into a Veterans and Servicemembers Court program
17post-adjudication only with the approval of the court.
18    (b) A defendant shall be excluded from Veterans and
19Servicemembers Court program if any of one of the following
20applies:
21        (1) The crime is a crime of violence as set forth in
22    clause (3) of this subsection (b).
23        (2) The defendant does not demonstrate a willingness to

 

 

SB1312 Enrolled- 2 -LRB100 08459 RLC 18577 b

1    participate in a treatment program.
2        (3) The defendant has been convicted of a crime of
3    violence within the past 10 years excluding incarceration
4    time, including . As used in this Section, "crime of
5    violence" means: first degree murder, second degree
6    murder, predatory criminal sexual assault of a child,
7    aggravated criminal sexual assault, criminal sexual
8    assault, armed robbery, aggravated arson, arson,
9    aggravated kidnapping and kidnapping, aggravated battery
10    resulting in great bodily harm or permanent disability,
11    stalking, aggravated stalking, or any offense involving
12    the discharge of a firearm or where occurred serious bodily
13    injury or death to any person.
14        (4) (Blank).
15        (5) The crime for which the defendant has been
16    convicted is non-probationable.
17        (6) The sentence imposed on the defendant, whether the
18    result of a plea or a finding of guilt, renders the
19    defendant ineligible for probation.
20(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
21    Section 10. The Mental Health Court Treatment Act is
22amended by changing Section 20 as follows:
 
23    (730 ILCS 168/20)
24    Sec. 20. Eligibility.

 

 

SB1312 Enrolled- 3 -LRB100 08459 RLC 18577 b

1    (a) A defendant, who is eligible for probation based on the
2nature of the crime convicted of and in consideration of his or
3her criminal background, if any, may be admitted into a mental
4health court program only upon the agreement of the prosecutor
5and the defendant and with the approval of the court.
6    (b) A defendant shall be excluded from a mental health
7court program if any one of the following applies:
8        (1) The crime is a crime of violence as set forth in
9    clause (3) of this subsection (b).
10        (2) The defendant does not demonstrate a willingness to
11    participate in a treatment program.
12        (3) The defendant has been convicted of a crime of
13    violence within the past 10 years excluding incarceration
14    time. As used in this paragraph (3), "crime of violence"
15    means: , specifically first degree murder, second degree
16    murder, predatory criminal sexual assault of a child,
17    aggravated criminal sexual assault, criminal sexual
18    assault, armed robbery, aggravated arson, arson,
19    aggravated kidnapping, kidnapping, aggravated battery
20    resulting in great bodily harm or permanent disability,
21    stalking, aggravated stalking, or any offense involving
22    the discharge of a firearm.
23        (4) (Blank).
24        (5) The crime for which the defendant has been
25    convicted is non-probationable.
26        (6) The sentence imposed on the defendant, whether the

 

 

SB1312 Enrolled- 4 -LRB100 08459 RLC 18577 b

1    result of a plea or a finding of guilt, renders the
2    defendant ineligible for probation.
3    (c) A defendant charged with prostitution under Section
411-14 of the Criminal Code of 2012 may be admitted into a
5mental health court program, if available in the jurisdiction
6and provided that the requirements in subsections (a) and (b)
7are satisfied. Mental health court programs may include
8specialized service programs specifically designed to address
9the trauma associated with prostitution and human trafficking,
10and may offer those specialized services to defendants admitted
11to the mental health court program. Judicial circuits
12establishing these specialized programs shall partner with
13prostitution and human trafficking advocates, survivors, and
14service providers in the development of the programs.
15(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14;
1698-538, eff. 8-23-13; 98-621, eff. 1-7-14.)