Illinois General Assembly - Full Text of Public Act 099-0877
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Public Act 099-0877





Public Act 099-0877
HB6037 EnrolledLRB099 15400 RLC 39676 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 Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:
    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
    Sec. 5-5-3.1. Factors in Mitigation.
    (a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
        (1) The defendant's criminal conduct neither caused
    nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his criminal
    conduct would cause or threaten serious physical harm to
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse or
    justify the defendant's criminal conduct, though failing
    to establish a defense.
        (5) The defendant's criminal conduct was induced or
    facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    the victim of his criminal conduct for the damage or injury
    that he sustained.
        (7) The defendant has no history of prior delinquency
    or criminal activity or has led a law-abiding life for a
    substantial period of time before the commission of the
    present crime.
        (8) The defendant's criminal conduct was the result of
    circumstances unlikely to recur.
        (9) The character and attitudes of the defendant
    indicate that he is unlikely to commit another crime.
        (10) The defendant is particularly likely to comply
    with the terms of a period of probation.
        (11) The imprisonment of the defendant would entail
    excessive hardship to his dependents.
        (12) The imprisonment of the defendant would endanger
    his or her medical condition.
        (13) The defendant was a person with an intellectual
    disability as defined in Section 5-1-13 of this Code.
        (14) The defendant sought or obtained emergency
    medical assistance for an overdose and was convicted of a
    Class 3 felony or higher possession, manufacture, or
    delivery of a controlled, counterfeit, or look-alike
    substance or a controlled substance analog under the
    Illinois Controlled Substances Act or a Class 2 felony or
    higher possession, manufacture or delivery of
    methamphetamine under the Methamphetamine Control and
    Community Protection Act.
        (15) At the time of the offense, the defendant is or
    had been the victim of domestic violence and the effects of
    the domestic violence tended to excuse or justify the
    defendant's criminal conduct. As used in this paragraph
    (15), "domestic violence" means abuse as defined in Section
    103 of the Illinois Domestic Violence Act of 1986.
        (16) At the time of the offense, the defendant was
    suffering from a serious mental illness which, though
    insufficient to establish the defense of insanity,
    substantially affected his or her ability to understand the
    nature of his or her acts or to conform his or her conduct
    to the requirements of the law.
    (b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
99-384, eff. 1-1-16; revised 10-16-15.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/22/2016