Full Text of SB0765 102nd General Assembly
SB0765enr 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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-3.6 as follows: | 6 | | (730 ILCS 5/5-6-3.6) | 7 | | (Section scheduled to be repealed on January 1, 2023) | 8 | | Sec. 5-6-3.6.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 | 10 | | safety, reduce recidivism, and conserve valuable resources of | 11 | | the criminal justice system through the creation of diversion | 12 | | programs for non-violent offenders. This amendatory Act of the | 13 | | 100th General Assembly establishes a pilot program for | 14 | | first-time, non-violent offenders charged with certain weapons | 15 | | offenses. The General Assembly recognizes some persons, | 16 | | particularly young adults in areas of high crime or poverty, | 17 | | may have experienced trauma that contributes to poor decision | 18 | | making skills, and the creation of a diversionary program | 19 | | poses a greater benefit to the community and the person than | 20 | | incarceration. Under this program, a court, with the consent | 21 | | of the defendant and the State's Attorney, may sentence a | 22 | | defendant charged with an unlawful use of weapons offense | 23 | | under Section 24-1 of the Criminal Code of 2012 or aggravated |
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| 1 | | unlawful use of a weapon offense under Section 24-1.6 of the | 2 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 3 | | lower, 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 | 20 | | sentenced to the First Time Weapon Offender Program, the court | 21 | | shall 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 | 8 | | date of this amendatory Act of the 100th General Assembly and | 9 | | before January 1, 2023, whenever an eligible person pleads | 10 | | guilty to an unlawful use of weapons offense under Section | 11 | | 24-1 of the Criminal Code of 2012 or aggravated unlawful use of | 12 | | a weapon offense under Section 24-1.6 of the Criminal Code of | 13 | | 2012, which is punishable as a Class 4 felony or lower, the | 14 | | court, with the consent of the defendant and the State's | 15 | | Attorney, may, without entering a judgment, sentence the | 16 | | defendant to complete the First Time Weapon Offender Program. | 17 | | When a defendant is placed in the Program, the court shall | 18 | | defer further proceedings in the case until the conclusion of | 19 | | the period or until the filing of a petition alleging | 20 | | violation of a term or condition of the Program. Upon | 21 | | violation of a term or condition of the Program, the court may | 22 | | enter a judgment on its original finding of guilt and proceed | 23 | | as otherwise provided by law. Upon fulfillment of the terms | 24 | | and conditions of the Program, the court shall discharge the | 25 | | person and dismiss the proceedings against the person. | 26 | | (d) The Program shall be at least 18 months and not to |
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| 1 | | exceed 24 months, as determined by the court at the | 2 | | recommendation of the Program program administrator and the | 3 | | State's Attorney. The Program administrator may be appointed | 4 | | by the Chief Judge of each Judicial Circuit. | 5 | | (e) The conditions of the Program shall be that the | 6 | | defendant: | 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, | 5 | | require 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 | 13 | | this Section. If a person is convicted of any offense which | 14 | | occurred within 5 years subsequent to a discharge and | 15 | | dismissal under this Section, the discharge and dismissal | 16 | | under this Section shall be admissible in the sentencing | 17 | | proceeding for that conviction as evidence in aggravation. | 18 | | (h) For purposes of this Section, "violent offense" means | 19 | | any offense in which bodily harm was inflicted or force was | 20 | | used against any person or threatened against any person; any | 21 | | offense involving the possession of a firearm or dangerous | 22 | | weapon; any offense involving sexual conduct, sexual | 23 | | penetration, or sexual exploitation; violation of an order of | 24 | | protection, stalking, hate crime, domestic battery, or any | 25 | | offense 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 | 3 | | becoming law.
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