Full Text of HB2184 98th General Assembly
HB2184 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2184 Introduced , by Rep. Tom Cross - Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-3-2 | from Ch. 38, par. 1005-3-2 |
|
Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the presentence report.
|
| |
| | A BILL FOR |
|
| | | HB2184 | | LRB098 10123 RLC 40282 b |
|
| 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 5-3-2 as follows: | 6 | | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| 7 | | Sec. 5-3-2. Presentence Report.
| 8 | | (a) In felony cases, the presentence
report shall set | 9 | | forth:
| 10 | | (1) the defendant's history of delinquency or | 11 | | criminality,
physical and mental history and condition, | 12 | | family situation and
background, economic status, | 13 | | education, occupation and personal habits;
| 14 | | (2) information about special resources within the | 15 | | community
which might be available to assist the | 16 | | defendant's rehabilitation,
including treatment centers, | 17 | | residential facilities, vocational
training services, | 18 | | correctional manpower programs, employment
opportunities, | 19 | | special educational programs, alcohol and drug
abuse | 20 | | programming, psychiatric and marriage counseling, and | 21 | | other
programs and facilities which could aid the | 22 | | defendant's successful
reintegration into society;
| 23 | | (3) the effect the offense committed has had upon the |
| | | HB2184 | - 2 - | LRB098 10123 RLC 40282 b |
|
| 1 | | victim or
victims thereof, and any compensatory benefit | 2 | | that various
sentencing alternatives would confer on such | 3 | | victim or victims;
| 4 | | (4) information concerning the defendant's status | 5 | | since arrest,
including his record if released on his own | 6 | | recognizance, or the
defendant's achievement record if | 7 | | released on a conditional
pre-trial supervision program;
| 8 | | (5) when appropriate, a plan, based upon the personal, | 9 | | economic
and social adjustment needs of the defendant, | 10 | | utilizing public and
private community resources as an | 11 | | alternative to institutional
sentencing;
| 12 | | (6) any other matters that the investigatory officer | 13 | | deems
relevant or the court directs to be included; and
| 14 | | (7) information concerning defendant's eligibility for | 15 | | a sentence to a
county impact incarceration program under | 16 | | Section 5-8-1.2 of this Code.
| 17 | | (b) The investigation shall shall include a physical and | 18 | | mental
examination of the defendant when so ordered by the | 19 | | court. If
the court determines that such an examination should | 20 | | be made, it
shall issue an order that the defendant submit to | 21 | | examination at
such time and place as designated by the court | 22 | | and that such
examination be conducted by a physician, | 23 | | psychologist or
psychiatrist designated by the court. Such an | 24 | | examination may
be conducted in a court clinic if so ordered by | 25 | | the court. The
cost of such examination shall be paid by the | 26 | | county in which
the trial is held.
|
| | | HB2184 | - 3 - | LRB098 10123 RLC 40282 b |
|
| 1 | | (b-5) In cases involving felony sex offenses in which the | 2 | | offender is being considered for probation only or any felony | 3 | | offense that is
sexually motivated as defined in the Sex | 4 | | Offender Management Board Act in which the offender is being | 5 | | considered for probation only, the
investigation shall include | 6 | | a sex offender evaluation by an evaluator approved
by the Board | 7 | | and conducted in conformance with the standards developed under
| 8 | | the Sex Offender Management Board Act. In cases in which the | 9 | | offender is being considered for any mandatory prison sentence, | 10 | | the investigation shall not include a sex offender evaluation.
| 11 | | (c) In misdemeanor, business offense or petty offense | 12 | | cases, except as
specified in subsection (d) of this Section, | 13 | | when a presentence report has
been ordered by the court, such | 14 | | presentence report shall contain
information on the | 15 | | defendant's history of delinquency or criminality and
shall | 16 | | further contain only those matters listed in any of paragraphs | 17 | | (1)
through (6) of subsection (a) or in subsection (b) of this | 18 | | Section as are
specified by the court in its order for the | 19 | | report.
| 20 | | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | 21 | | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | 22 | | 2012, the presentence report shall set forth
information about | 23 | | alcohol, drug abuse, psychiatric, and marriage counseling
or | 24 | | other treatment programs and facilities, information on the | 25 | | defendant's
history of delinquency or criminality, and shall | 26 | | contain those additional
matters listed in any of paragraphs |
| | | HB2184 | - 4 - | LRB098 10123 RLC 40282 b |
|
| 1 | | (1) through (6) of subsection (a) or in
subsection (b) of this | 2 | | Section as are specified by the court.
| 3 | | (e) Nothing in this Section shall cause the defendant to be
| 4 | | held without bail or to have his bail revoked for the purpose
| 5 | | of preparing the presentence report or making an examination.
| 6 | | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | 7 | | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | 8 | | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
|