SB1878sam002 101ST GENERAL ASSEMBLY

Sen. Jason Plummer

Filed: 3/13/2019

10100SB1878sam002 LRB101 11423 SLF 57220 a

AMENDMENT TO SENATE BILL 1878

AMENDMENT NO. ______. Amend Senate Bill 1878 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by adding Section 5-6-3.3-5 as follows:

(730 ILCS 5/5-6-3.3-5 new)

Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft Diversionary Program.

(a) When any person who has not previously been convicted of a violation of subsection (h) or (i) of Section 17-10.6 of the Criminal Code of 2012 or convicted of any similar offense in another state is arrested for and charged with a misdemeanor offense of theft or retail theft, the court may with the consent of the defendant and the State's Attorney, continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program.

(b) When the defendant is placed in the Program, the court shall enter an order specifying that the proceedings shall be suspended while the defendant is participating in the Program. The Program shall be for a duration of not less than 12 months.

(c) The conditions of the Program shall be that the defendant:

(1) not violate any criminal statute of this State or any other jurisdiction;

(2) refrain from possessing a firearm or other dangerous weapon; and

(3) make full restitution to the victim or property owner under Section 5-5-6 plus 10% of the cost of the stolen item.

(d) The court, in its discretion, may order the defendant to attend a theft, larceny, shoplifting, or theft awareness class either on-line or in person.

(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order specifying that the defendant has not successfully completed the Program and continue the case for arraignment under Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.

(f) Upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person.

(g) A person may only have one discharge and dismissal under this Section within a 3-year period.".