Bill Text: IL HB0183 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides if the defendant has been found guilty by a judge or jury after a trial, the prosecutor shall file with the court at the sentencing hearing a verified written statement signed by the prosecutor setting forth the prosecutor's final offer, if any, of any specified sentence and any charge to be dismissed or not charged in a plea discussion in exchange for a plea of guilty from the defendant and waiver of his or her right to trial. Also provides in any sentence, a defendant shall not be punished by the imposition of a heavier or greater sentence merely because he or she exercises his or her constitutional right to be tried before an impartial judge or jury.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0183 Detail]

Download: Illinois-2021-HB0183-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0183

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1

Amends the Unified Code of Corrections. Provides if the defendant has been found guilty by a judge or jury after a trial, the prosecutor shall file with the court at the sentencing hearing a verified written statement signed by the prosecutor setting forth the prosecutor's final offer, if any, of any specified sentence and any charge to be dismissed or not charged in a plea discussion in exchange for a plea of guilty from the defendant and waiver of his or her right to trial. Also provides in any sentence, a defendant shall not be punished by the imposition of a heavier or greater sentence merely because he or she exercises his or her constitutional right to be tried before an impartial judge or jury.
LRB102 03785 RLC 13798 b

A BILL FOR

HB0183LRB102 03785 RLC 13798 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4-1 as follows:
6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 Sec. 5-4-1. Sentencing hearing.
8 (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence.
11However, prior to the imposition of sentence on an individual
12being sentenced for an offense based upon a charge for a
13violation of Section 11-501 of the Illinois Vehicle Code or a
14similar provision of a local ordinance, the individual must
15undergo a professional evaluation to determine if an alcohol
16or other drug abuse problem exists and the extent of such a
17problem. Programs conducting these evaluations shall be
18licensed by the Department of Human Services. However, if the
19individual is not a resident of Illinois, the court may, in its
20discretion, accept an evaluation from a program in the state
21of such individual's residence. The court shall make a
22specific finding about whether the defendant is eligible for
23participation in a Department impact incarceration program as

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1provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
2explanation as to why a sentence to impact incarceration is
3not an appropriate sentence. The court may in its sentencing
4order recommend a defendant for placement in a Department of
5Corrections substance abuse treatment program as provided in
6paragraph (a) of subsection (1) of Section 3-2-2 conditioned
7upon the defendant being accepted in a program by the
8Department of Corrections. At the hearing the court shall:
9 (1) consider the evidence, if any, received upon the
10 trial;
11 (2) consider any presentence reports;
12 (3) consider the financial impact of incarceration
13 based on the financial impact statement filed with the
14 clerk of the court by the Department of Corrections;
15 (4) consider evidence and information offered by the
16 parties in aggravation and mitigation;
17 (4.5) consider substance abuse treatment, eligibility
18 screening, and an assessment, if any, of the defendant by
19 an agent designated by the State of Illinois to provide
20 assessment services for the Illinois courts;
21 (5) hear arguments as to sentencing alternatives;
22 (6) afford the defendant the opportunity to make a
23 statement in his own behalf;
24 (7) afford the victim of a violent crime or a
25 violation of Section 11-501 of the Illinois Vehicle Code,
26 or a similar provision of a local ordinance, the

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1 opportunity to present an oral or written statement, as
2 guaranteed by Article I, Section 8.1 of the Illinois
3 Constitution and provided in Section 6 of the Rights of
4 Crime Victims and Witnesses Act. The court shall allow a
5 victim to make an oral statement if the victim is present
6 in the courtroom and requests to make an oral or written
7 statement. An oral or written statement includes the
8 victim or a representative of the victim reading the
9 written statement. The court may allow persons impacted by
10 the crime who are not victims under subsection (a) of
11 Section 3 of the Rights of Crime Victims and Witnesses Act
12 to present an oral or written statement. A victim and any
13 person making an oral statement shall not be put under
14 oath or subject to cross-examination. All statements
15 offered under this paragraph (7) shall become part of the
16 record of the court. In this paragraph (7), "victim of a
17 violent crime" means a person who is a victim of a violent
18 crime for which the defendant has been convicted after a
19 bench or jury trial or a person who is the victim of a
20 violent crime with which the defendant was charged and the
21 defendant has been convicted under a plea agreement of a
22 crime that is not a violent crime as defined in subsection
23 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
24 (7.5) afford a qualified person affected by: (i) a
25 violation of Section 405, 405.1, 405.2, or 407 of the
26 Illinois Controlled Substances Act or a violation of

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1 Section 55 or Section 65 of the Methamphetamine Control
2 and Community Protection Act; or (ii) a Class 4 felony
3 violation of Section 11-14, 11-14.3 except as described in
4 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
5 11-18.1, or 11-19 of the Criminal Code of 1961 or the
6 Criminal Code of 2012, committed by the defendant the
7 opportunity to make a statement concerning the impact on
8 the qualified person and to offer evidence in aggravation
9 or mitigation; provided that the statement and evidence
10 offered in aggravation or mitigation shall first be
11 prepared in writing in conjunction with the State's
12 Attorney before it may be presented orally at the hearing.
13 Sworn testimony offered by the qualified person is subject
14 to the defendant's right to cross-examine. All statements
15 and evidence offered under this paragraph (7.5) shall
16 become part of the record of the court. In this paragraph
17 (7.5), "qualified person" means any person who: (i) lived
18 or worked within the territorial jurisdiction where the
19 offense took place when the offense took place; or (ii) is
20 familiar with various public places within the territorial
21 jurisdiction where the offense took place when the offense
22 took place. "Qualified person" includes any peace officer
23 or any member of any duly organized State, county, or
24 municipal peace officer unit assigned to the territorial
25 jurisdiction where the offense took place when the offense
26 took place;

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1 (8) in cases of reckless homicide afford the victim's
2 spouse, guardians, parents or other immediate family
3 members an opportunity to make oral statements;
4 (9) in cases involving a felony sex offense as defined
5 under the Sex Offender Management Board Act, consider the
6 results of the sex offender evaluation conducted pursuant
7 to Section 5-3-2 of this Act; and
8 (10) make a finding of whether a motor vehicle was
9 used in the commission of the offense for which the
10 defendant is being sentenced.
11 (a-5) If the defendant has been found guilty by a judge or
12jury after a trial, the prosecutor shall file with the court a
13verified written statement signed by the prosecutor setting
14forth the prosecutor's final offer, if any, of any specified
15sentence and any charge to be dismissed or not charged in a
16plea discussion in exchange for a plea of guilty from the
17defendant and waiver of his or her right to trial.
18 (b) All sentences shall be imposed by the judge based upon
19his independent assessment of the elements specified above and
20any agreement as to sentence reached by the parties. In any
21sentence, a defendant shall not be punished by the imposition
22of a heavier or greater sentence merely because he or she
23exercises his or her constitutional right to be tried before
24an impartial judge or jury. The judge who presided at the trial
25or the judge who accepted the plea of guilty shall impose the
26sentence unless he is no longer sitting as a judge in that

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1court. Where the judge does not impose sentence at the same
2time on all defendants who are convicted as a result of being
3involved in the same offense, the defendant or the State's
4Attorney may advise the sentencing court of the disposition of
5any other defendants who have been sentenced.
6 (a-5) If the defendant has been found guilty by a judge or
7jury after a trial, the prosecutor shall file with the court a
8verified written statement signed by the prosecutor setting
9forth the prosecutor's final offer, if any, of any specified
10sentence and any charge to be dismissed or not charged in a
11plea discussion in exchange for a plea of guilty from the
12defendant and waiver of his or her right to trial.
13 (b-1) In imposing a sentence of imprisonment or periodic
14imprisonment for a Class 3 or Class 4 felony for which a
15sentence of probation or conditional discharge is an available
16sentence, if the defendant has no prior sentence of probation
17or conditional discharge and no prior conviction for a violent
18crime, the defendant shall not be sentenced to imprisonment
19before review and consideration of a presentence report and
20determination and explanation of why the particular evidence,
21information, factor in aggravation, factual finding, or other
22reasons support a sentencing determination that one or more of
23the factors under subsection (a) of Section 5-6-1 of this Code
24apply and that probation or conditional discharge is not an
25appropriate sentence.
26 (c) In imposing a sentence for a violent crime or for an

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1offense of operating or being in physical control of a vehicle
2while under the influence of alcohol, any other drug or any
3combination thereof, or a similar provision of a local
4ordinance, when such offense resulted in the personal injury
5to someone other than the defendant, the trial judge shall
6specify on the record the particular evidence, information,
7factors in mitigation and aggravation or other reasons that
8led to his sentencing determination. The full verbatim record
9of the sentencing hearing shall be filed with the clerk of the
10court and shall be a public record.
11 (c-1) In imposing a sentence for the offense of aggravated
12kidnapping for ransom, home invasion, armed robbery,
13aggravated vehicular hijacking, aggravated discharge of a
14firearm, or armed violence with a category I weapon or
15category II weapon, the trial judge shall make a finding as to
16whether the conduct leading to conviction for the offense
17resulted in great bodily harm to a victim, and shall enter that
18finding and the basis for that finding in the record.
19 (c-2) If the defendant is sentenced to prison, other than
20when a sentence of natural life imprisonment or a sentence of
21death is imposed, at the time the sentence is imposed the judge
22shall state on the record in open court the approximate period
23of time the defendant will serve in custody according to the
24then current statutory rules and regulations for sentence
25credit found in Section 3-6-3 and other related provisions of
26this Code. This statement is intended solely to inform the

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1public, has no legal effect on the defendant's actual release,
2and may not be relied on by the defendant on appeal.
3 The judge's statement, to be given after pronouncing the
4sentence, other than when the sentence is imposed for one of
5the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
6shall include the following:
7 "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois
11as applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, assuming the defendant receives all of his or her
14sentence credit, the period of estimated actual custody is ...
15years and ... months, less up to 180 days additional earned
16sentence credit. If the defendant, because of his or her own
17misconduct or failure to comply with the institutional
18regulations, does not receive those credits, the actual time
19served in prison will be longer. The defendant may also
20receive an additional one-half day sentence credit for each
21day of participation in vocational, industry, substance abuse,
22and educational programs as provided for by Illinois statute."
23 When the sentence is imposed for one of the offenses
24enumerated in paragraph (a)(2) of Section 3-6-3, other than
25first degree murder, and the offense was committed on or after
26June 19, 1998, and when the sentence is imposed for reckless

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1homicide as defined in subsection (e) of Section 9-3 of the
2Criminal Code of 1961 or the Criminal Code of 2012 if the
3offense was committed on or after January 1, 1999, and when the
4sentence is imposed for aggravated driving under the influence
5of alcohol, other drug or drugs, or intoxicating compound or
6compounds, or any combination thereof as defined in
7subparagraph (F) of paragraph (1) of subsection (d) of Section
811-501 of the Illinois Vehicle Code, and when the sentence is
9imposed for aggravated arson if the offense was committed on
10or after July 27, 2001 (the effective date of Public Act
1192-176), and when the sentence is imposed for aggravated
12driving under the influence of alcohol, other drug or drugs,
13or intoxicating compound or compounds, or any combination
14thereof as defined in subparagraph (C) of paragraph (1) of
15subsection (d) of Section 11-501 of the Illinois Vehicle Code
16committed on or after January 1, 2011 (the effective date of
17Public Act 96-1230), the judge's statement, to be given after
18pronouncing the sentence, shall include the following:
19 "The purpose of this statement is to inform the public of
20the actual period of time this defendant is likely to spend in
21prison as a result of this sentence. The actual period of
22prison time served is determined by the statutes of Illinois
23as applied to this sentence by the Illinois Department of
24Corrections and the Illinois Prisoner Review Board. In this
25case, the defendant is entitled to no more than 4 1/2 days of
26sentence credit for each month of his or her sentence of

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1imprisonment. Therefore, this defendant will serve at least
285% of his or her sentence. Assuming the defendant receives 4
31/2 days credit for each month of his or her sentence, the
4period of estimated actual custody is ... years and ...
5months. If the defendant, because of his or her own misconduct
6or failure to comply with the institutional regulations
7receives lesser credit, the actual time served in prison will
8be longer."
9 When a sentence of imprisonment is imposed for first
10degree murder and the offense was committed on or after June
1119, 1998, the judge's statement, to be given after pronouncing
12the sentence, shall include the following:
13 "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois
17as applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant is not entitled to sentence credit.
20Therefore, this defendant will serve 100% of his or her
21sentence."
22 When the sentencing order recommends placement in a
23substance abuse program for any offense that results in
24incarceration in a Department of Corrections facility and the
25crime was committed on or after September 1, 2003 (the
26effective date of Public Act 93-354), the judge's statement,

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1in addition to any other judge's statement required under this
2Section, to be given after pronouncing the sentence, shall
3include the following:
4 "The purpose of this statement is to inform the public of
5the actual period of time this defendant is likely to spend in
6prison as a result of this sentence. The actual period of
7prison time served is determined by the statutes of Illinois
8as applied to this sentence by the Illinois Department of
9Corrections and the Illinois Prisoner Review Board. In this
10case, the defendant shall receive no earned sentence credit
11under clause (3) of subsection (a) of Section 3-6-3 until he or
12she participates in and completes a substance abuse treatment
13program or receives a waiver from the Director of Corrections
14pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
15 (c-4) Before the sentencing hearing and as part of the
16presentence investigation under Section 5-3-1, the court shall
17inquire of the defendant whether the defendant is currently
18serving in or is a veteran of the Armed Forces of the United
19States. If the defendant is currently serving in the Armed
20Forces of the United States or is a veteran of the Armed Forces
21of the United States and has been diagnosed as having a mental
22illness by a qualified psychiatrist or clinical psychologist
23or physician, the court may:
24 (1) order that the officer preparing the presentence
25 report consult with the United States Department of
26 Veterans Affairs, Illinois Department of Veterans'

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1 Affairs, or another agency or person with suitable
2 knowledge or experience for the purpose of providing the
3 court with information regarding treatment options
4 available to the defendant, including federal, State, and
5 local programming; and
6 (2) consider the treatment recommendations of any
7 diagnosing or treating mental health professionals
8 together with the treatment options available to the
9 defendant in imposing sentence.
10 For the purposes of this subsection (c-4), "qualified
11psychiatrist" means a reputable physician licensed in Illinois
12to practice medicine in all its branches, who has specialized
13in the diagnosis and treatment of mental and nervous disorders
14for a period of not less than 5 years.
15 (c-6) In imposing a sentence, the trial judge shall
16specify, on the record, the particular evidence and other
17reasons which led to his or her determination that a motor
18vehicle was used in the commission of the offense.
19 (d) When the defendant is committed to the Department of
20Corrections, the State's Attorney shall and counsel for the
21defendant may file a statement with the clerk of the court to
22be transmitted to the department, agency or institution to
23which the defendant is committed to furnish such department,
24agency or institution with the facts and circumstances of the
25offense for which the person was committed together with all
26other factual information accessible to them in regard to the

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1person prior to his commitment relative to his habits,
2associates, disposition and reputation and any other facts and
3circumstances which may aid such department, agency or
4institution during its custody of such person. The clerk shall
5within 10 days after receiving any such statements transmit a
6copy to such department, agency or institution and a copy to
7the other party, provided, however, that this shall not be
8cause for delay in conveying the person to the department,
9agency or institution to which he has been committed.
10 (e) The clerk of the court shall transmit to the
11department, agency or institution, if any, to which the
12defendant is committed, the following:
13 (1) the sentence imposed;
14 (2) any statement by the court of the basis for
15 imposing the sentence;
16 (3) any presentence reports;
17 (3.5) any sex offender evaluations;
18 (3.6) any substance abuse treatment eligibility
19 screening and assessment of the defendant by an agent
20 designated by the State of Illinois to provide assessment
21 services for the Illinois courts;
22 (4) the number of days, if any, which the defendant
23 has been in custody and for which he is entitled to credit
24 against the sentence, which information shall be provided
25 to the clerk by the sheriff;
26 (4.1) any finding of great bodily harm made by the

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1 court with respect to an offense enumerated in subsection
2 (c-1);
3 (5) all statements filed under subsection (d) of this
4 Section;
5 (6) any medical or mental health records or summaries
6 of the defendant;
7 (7) the municipality where the arrest of the offender
8 or the commission of the offense has occurred, where such
9 municipality has a population of more than 25,000 persons;
10 (8) all statements made and evidence offered under
11 paragraph (7) of subsection (a) of this Section; and
12 (9) all additional matters which the court directs the
13 clerk to transmit.
14 (f) In cases in which the court finds that a motor vehicle
15was used in the commission of the offense for which the
16defendant is being sentenced, the clerk of the court shall,
17within 5 days thereafter, forward a report of such conviction
18to the Secretary of State.
19(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
20101-105, eff. 1-1-20.)
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