Illinois General Assembly - Full Text of Public Act 098-0152

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Public Act 098-0152

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Public Act 0152 98TH GENERAL ASSEMBLY

Public Act 098-0152

SB1497 Enrolled LRB098 08050 RLC 38141 b

    AN ACT concerning criminal law.

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

    Section 5. The Veterans and Servicemembers Court Treatment
Act is amended by changing Section 20 as follows:

    (730 ILCS 167/20)
    Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
    (a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program only upon the
agreement of the prosecutor and the defendant and with the
approval of the Court.
    (b) A defendant shall be excluded from Veterans and
Servicemembers Court program if any of one of the following
applies:
        (1) The crime is a crime of violence as set forth in
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time, including but not limited to: first degree murder,
    second degree murder, predatory criminal sexual assault of
    a child, aggravated criminal sexual assault, criminal
    sexual assault, armed robbery, aggravated arson, arson,
    aggravated kidnapping and kidnapping, aggravated battery
    resulting in great bodily harm or permanent disability,
    stalking, aggravated stalking, or any offense involving
    the discharge of a firearm or where occurred serious bodily
    injury or death to any person.
        (4) (Blank).
        (5) The crime for which the defendant has been
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the
    result of a plea or a finding of guilt, renders the
    defendant ineligible for probation.
(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)

    Section 10. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:

    (730 ILCS 168/20)
    Sec. 20. Eligibility.
    (a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a mental
health court program only upon the agreement of the prosecutor
and the defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health
court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time, specifically first degree murder, second degree
    murder, predatory criminal sexual assault of a child,
    aggravated criminal sexual assault, criminal sexual
    assault, armed robbery, aggravated arson, arson,
    aggravated kidnapping, kidnapping, stalking, aggravated
    stalking, or any offense involving the discharge of a
    firearm.
        (4) (Blank).
        (5) The crime for which the defendant has been
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the
    result of a plea or a finding of guilt, renders the
    defendant ineligible for probation.
(Source: P.A. 97-946, eff. 8-13-12.)

Effective Date: 1/1/2014

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