Bill Amendment: IL SB0765 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: FIRST TIME WEAPON OFFENDER PGM

Status: 2021-08-03 - Public Act . . . . . . . . . 102-0245 [SB0765 Detail]

Download: Illinois-2021-SB0765-Senate_Amendment_001.html

---

Sen. Scott M. Bennett

Filed: 4/1/2021

10200SB0765sam001 LRB102 04583 KMF 24626 a
AMENDMENT TO SENATE BILL 765
AMENDMENT NO. ______. Amend Senate Bill 765 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-6-3.6 as follows:
(730 ILCS 5/5-6-3.6)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-6-3.6. First Time Weapon Offender Program.
(a) The General Assembly has sought to promote public
safety, reduce recidivism, and conserve valuable resources of
the criminal justice system through the creation of diversion
programs for non-violent offenders. This amendatory Act of the
100th General Assembly establishes a pilot program for
first-time, non-violent offenders charged with certain weapons
offenses. The General Assembly recognizes some persons,
particularly young adults in areas of high crime or poverty,

10200SB0765sam001 - 2 - LRB102 04583 KMF 24626 a
may have experienced trauma that contributes to poor decision
making skills, and the creation of a diversionary program
poses a greater benefit to the community and the person than
incarceration. Under this program, a court, with the consent
of the defendant and the State's Attorney, may sentence a
defendant charged with an unlawful use of weapons offense
under Section 24-1 of the Criminal Code of 2012 or aggravated
unlawful use of a weapon offense under Section 24-1.6 of the
Criminal Code of 2012, if punishable as a Class 4 felony or
lower, to a First Time Weapon Offender Program.
(b) A defendant is not eligible for this Program if:
(1) the offense was committed during the commission of
a violent offense as defined in subsection (h) of this
Section;
(2) he or she has previously been convicted or placed
on probation or conditional discharge for any violent
offense under the laws of this State, the laws of any other
state, or the laws of the United States;
(3) he or she had a prior successful completion of the
First Time Weapon Offender Program under this Section;
(4) he or she has previously been adjudicated a
delinquent minor for the commission of a violent offense;
(5) he or she is 21 years of age or older; or
(6) he or she has an existing order of protection
issued against him or her.
(b-5) In considering whether a defendant shall be

10200SB0765sam001 - 3 - LRB102 04583 KMF 24626 a
sentenced to the First Time Weapon Offender Program, the court
shall consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;
(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs;
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional; and
(5) the potential risk to public safety.
(c) For an offense committed on or after the effective
date of this amendatory Act of the 100th General Assembly and
before January 1, 2023, whenever an eligible person pleads
guilty to an unlawful use of weapons offense under Section
24-1 of the Criminal Code of 2012 or aggravated unlawful use of
a weapon offense under Section 24-1.6 of the Criminal Code of
2012, which is punishable as a Class 4 felony or lower, the
court, with the consent of the defendant and the State's
Attorney, may, without entering a judgment, sentence the
defendant to complete the First Time Weapon Offender Program.
When a defendant is placed in the Program, the court shall
defer further proceedings in the case until the conclusion of
the period or until the filing of a petition alleging

10200SB0765sam001 - 4 - LRB102 04583 KMF 24626 a
violation of a term or condition of the Program. Upon
violation of a term or condition of the Program, the court may
enter a judgment on its original finding of guilt and proceed
as otherwise provided by law. Upon fulfillment of the terms
and conditions of the Program, the court shall discharge the
person and dismiss the proceedings against the person.
(d) The Program shall be at least 18 months and not to
exceed 24 months, as determined by the court at the
recommendation of the Program program administrator and the
State's Attorney. The Program administrator may be appointed
by the Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) obtain or attempt to obtain employment;
(4) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(5) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act, the
Cannabis Control Act, or the Illinois Controlled

10200SB0765sam001 - 5 - LRB102 04583 KMF 24626 a
Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for
tests to determine the presence of any illicit drug;
(6) perform a minimum of 50 hours of community
service;
(7) attend and participate in any Program activities
deemed required by the Program administrator, including
but not limited to: counseling sessions, in-person and
over the phone check-ins, and educational classes; and
(8) pay all fines, assessments, fees, and costs.
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) wear an ankle bracelet with GPS tracking;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Department of
Human Services; and
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation.
(g) There may be only one discharge and dismissal under
this Section. If a person is convicted of any offense which
occurred within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal
under this Section shall be admissible in the sentencing
proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means
any offense in which bodily harm was inflicted or force was

10200SB0765sam001 - 6 - LRB102 04583 KMF 24626 a
used against any person or threatened against any person; any
offense involving the possession of a firearm or dangerous
weapon; any offense involving sexual conduct, sexual
penetration, or sexual exploitation; violation of an order of
protection, stalking, hate crime, domestic battery, or any
offense of domestic violence.
(i) This Section is repealed on January 1, 2023.
(Source: P.A. 100-3, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.".