Bill Amendment: IL SB0424 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0370 [SB0424 Detail]
Download: Illinois-2023-SB0424-Senate_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0370 [SB0424 Detail]
Download: Illinois-2023-SB0424-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 424
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2 | AMENDMENT NO. ______. Amend Senate Bill 424 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-6-3.6 as follows:
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6 | (730 ILCS 5/5-6-3.6) | ||||||
7 | (Section scheduled to be repealed on January 1, 2024) | ||||||
8 | Sec. 5-6-3.6. First Time Weapon Offense 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 | 103rd General Assembly amendatory Act of the 100th General | ||||||
14 | Assembly establishes a pilot program for first-time, | ||||||
15 | non-violent offenders charged with certain weapons possession | ||||||
16 | offenses. The General Assembly recognizes some persons, |
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1 | particularly young adults in areas of high crime or poverty, | ||||||
2 | may have experienced trauma that contributes to poor decision | ||||||
3 | making skills, and the creation of a diversionary program | ||||||
4 | poses a greater benefit to the community and the person than | ||||||
5 | incarceration. Under this program, a court, with the consent | ||||||
6 | of the defendant and the State's Attorney, may sentence a | ||||||
7 | defendant charged with an unlawful use of weapons offense | ||||||
8 | under Section 24-1 of the Criminal Code of 2012 or aggravated | ||||||
9 | unlawful use of a weapon offense under Section 24-1.6 of the | ||||||
10 | Criminal Code of 2012, if punishable as a Class 4 felony or | ||||||
11 | lower, to a First Time Weapon Offense Offender Program. | ||||||
12 | (b) A defendant is not eligible for this Program if: | ||||||
13 | (1) the offense was committed during the commission of | ||||||
14 | a violent offense as defined in subsection (h) of this | ||||||
15 | Section; | ||||||
16 | (2) he or she has previously been convicted or placed | ||||||
17 | on probation or conditional discharge for any violent | ||||||
18 | offense under the laws of this State, the laws of any other | ||||||
19 | state, or the laws of the United States; | ||||||
20 | (3) he or she had a prior successful completion of the | ||||||
21 | First Time Weapon Offense Offender Program under this | ||||||
22 | Section; | ||||||
23 | (4) he or she has previously been adjudicated a | ||||||
24 | delinquent minor for the commission of a violent offense; | ||||||
25 | (5) (blank); or he or she is 21 years of age or older; | ||||||
26 | or |
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1 | (6) he or she has an existing order of protection | ||||||
2 | issued against him or her. | ||||||
3 | (b-5) In considering whether a defendant shall be | ||||||
4 | sentenced to the First Time Weapon Offense Offender Program, | ||||||
5 | the court shall consider the following: | ||||||
6 | (1) the age, immaturity, or limited mental capacity of | ||||||
7 | the defendant; | ||||||
8 | (2) the nature and circumstances of the offense; | ||||||
9 | (3) whether participation in the Program is in the | ||||||
10 | interest of the defendant's rehabilitation, including any | ||||||
11 | employment or involvement in community, educational, | ||||||
12 | training, or vocational programs; | ||||||
13 | (4) whether the defendant suffers from trauma, as | ||||||
14 | supported by documentation or evaluation by a licensed | ||||||
15 | professional; and | ||||||
16 | (5) the potential risk to public safety. | ||||||
17 | (c) For an offense committed on or after January 1, 2018 | ||||||
18 | (the effective date of Public Act 100-3) and before January 1, | ||||||
19 | 2024, whenever an eligible person pleads guilty to an unlawful | ||||||
20 | use of weapons offense under Section 24-1 of the Criminal Code | ||||||
21 | of 2012 or aggravated unlawful use of a weapon offense under | ||||||
22 | Section 24-1.6 of the Criminal Code of 2012, which is | ||||||
23 | punishable as a Class 4 felony or lower, the court, with the | ||||||
24 | consent of the defendant and the State's Attorney, may, | ||||||
25 | without entering a judgment, sentence the defendant to | ||||||
26 | complete the First Time Weapon Offense Offender Program. When |
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1 | a defendant is placed in the Program, the court shall defer | ||||||
2 | further proceedings in the case until the conclusion of the | ||||||
3 | period or until the filing of a petition alleging violation of | ||||||
4 | a term or condition of the Program. Upon violation of a term or | ||||||
5 | condition of the Program, the court may enter a judgment on its | ||||||
6 | original finding of guilt and proceed as otherwise provided by | ||||||
7 | law. Upon fulfillment of the terms and conditions of the | ||||||
8 | Program, the court shall discharge the person and dismiss the | ||||||
9 | proceedings against the person. | ||||||
10 | (d) The Program shall be at least 6 18 months and not to | ||||||
11 | exceed 18 24 months, as determined by the court at the | ||||||
12 | recommendation of the Program administrator and the State's | ||||||
13 | Attorney. The Program administrator may be appointed by the | ||||||
14 | Chief Judge of each Judicial Circuit. | ||||||
15 | (e) The conditions of the Program shall be that the | ||||||
16 | defendant: | ||||||
17 | (1) not violate any criminal statute of this State or | ||||||
18 | any other jurisdiction; | ||||||
19 | (2) refrain from possessing a firearm or other | ||||||
20 | dangerous weapon; | ||||||
21 | (3) (blank); obtain or attempt to obtain employment; | ||||||
22 | (4) (blank); attend educational courses designed to | ||||||
23 | prepare the defendant for obtaining a high school diploma | ||||||
24 | or to work toward passing high school equivalency testing | ||||||
25 | or to work toward completing a vocational training | ||||||
26 | program; |
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1 | (5) (blank); refrain from having in his or her body | ||||||
2 | the presence of any illicit drug prohibited by the | ||||||
3 | Methamphetamine Control and Community Protection Act, the | ||||||
4 | Cannabis Control Act, or the Illinois Controlled | ||||||
5 | Substances Act, unless prescribed by a physician, and | ||||||
6 | submit samples of his or her blood or urine or both for | ||||||
7 | tests to determine the presence of any illicit drug; | ||||||
8 | (6) (blank); perform a minimum of 50 hours of | ||||||
9 | community service; | ||||||
10 | (7) attend and participate in any Program activities | ||||||
11 | deemed required by the Program administrator, such as | ||||||
12 | including but not limited to : counseling sessions, | ||||||
13 | in-person and over the phone check-ins, and educational | ||||||
14 | classes; and | ||||||
15 | (8) (blank). pay all fines, assessments, fees, and | ||||||
16 | costs. | ||||||
17 | (f) The Program may, in addition to other conditions, | ||||||
18 | require that the defendant: | ||||||
19 | (1) obtain or attempt to obtain employment wear an | ||||||
20 | ankle bracelet with GPS tracking ; | ||||||
21 | (2) attend educational courses designed to prepare the
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22 | defendant for obtaining a high school diploma or to work
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23 | toward passing high school equivalency testing or to work
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24 | toward completing a vocational training program undergo | ||||||
25 | medical or psychiatric treatment, or treatment or | ||||||
26 | rehabilitation approved by the Department of Human |
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1 | Services ; and | ||||||
2 | (3) refrain from having in his or her body the | ||||||
3 | presence of any illicit drug prohibited by the
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4 | Methamphetamine Control and Community Protection Act
or | ||||||
5 | the Illinois Controlled Substances Act, unless prescribed | ||||||
6 | by a physician, and submit samples of his or her blood or | ||||||
7 | urine or both for tests to determine the presence of any | ||||||
8 | illicit drug; | ||||||
9 | (4) perform community service; attend or reside in a | ||||||
10 | facility established for the instruction or residence of | ||||||
11 | defendants on probation. | ||||||
12 | (5) pay all fines, assessments, fees, and costs; and | ||||||
13 | (6) comply with such other reasonable conditions as | ||||||
14 | the court may impose. | ||||||
15 | (g) There may be only one discharge and dismissal under | ||||||
16 | this Section. If a person is convicted of any offense which | ||||||
17 | occurred within 5 years subsequent to a discharge and | ||||||
18 | dismissal under this Section, the discharge and dismissal | ||||||
19 | under this Section shall be admissible in the sentencing | ||||||
20 | proceeding for that conviction as evidence in aggravation. | ||||||
21 | (h) For purposes of this Section, "violent offense" means | ||||||
22 | any offense in which bodily harm was inflicted or force was | ||||||
23 | used against any person or threatened against any person; any | ||||||
24 | offense involving the possession of a firearm or dangerous | ||||||
25 | weapon; any offense involving sexual conduct, sexual | ||||||
26 | penetration, or sexual exploitation; violation of an order of |
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1 | protection, stalking, hate crime, domestic battery, or any | ||||||
2 | offense of domestic violence. | ||||||
3 | (i) (Blank). This Section is repealed on January 1, 2024.
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4 | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
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5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2023.".
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