Bill Text: IL HB0264 | 2017-2018 | 100th 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 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0264 Detail]
Download: Illinois-2017-HB0264-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing 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 | |||||||||||||||||||
9 | procedures otherwise specified, after a
determination of | |||||||||||||||||||
10 | guilt, a hearing shall be held to impose the sentence.
However, | |||||||||||||||||||
11 | prior to the imposition of sentence on an individual being
| |||||||||||||||||||
12 | sentenced for an offense based upon a charge for a violation of | |||||||||||||||||||
13 | Section
11-501 of the Illinois Vehicle Code or a similar | |||||||||||||||||||
14 | provision of a local
ordinance, the individual must undergo a | |||||||||||||||||||
15 | professional evaluation to
determine if an alcohol or other | |||||||||||||||||||
16 | drug abuse problem exists and the extent
of such a problem. | |||||||||||||||||||
17 | Programs conducting these evaluations shall be
licensed by the | |||||||||||||||||||
18 | Department of Human Services. However, if the individual is
not | |||||||||||||||||||
19 | a resident of Illinois, the court
may, in its discretion, | |||||||||||||||||||
20 | accept an evaluation from a program in the state of
such | |||||||||||||||||||
21 | individual's residence. The court may in its sentencing order | |||||||||||||||||||
22 | approve an
eligible defendant for placement in a Department of | |||||||||||||||||||
23 | Corrections impact
incarceration program as provided in |
| |||||||
| |||||||
1 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
2 | order recommend a defendant for placement in a Department of | ||||||
3 | Corrections substance abuse treatment program as provided in | ||||||
4 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
5 | upon the defendant being accepted in a program by the | ||||||
6 | Department of Corrections. At the
hearing the court
shall:
| ||||||
7 | (1) consider the evidence, if any, received upon the | ||||||
8 | trial;
| ||||||
9 | (2) consider any presentence reports;
| ||||||
10 | (3) consider the financial impact of incarceration | ||||||
11 | based on the
financial impact statement filed with the | ||||||
12 | clerk of the court by the
Department of Corrections;
| ||||||
13 | (4) consider evidence and information offered by the | ||||||
14 | parties in
aggravation and mitigation; | ||||||
15 | (4.5) consider substance abuse treatment, eligibility | ||||||
16 | screening, and an assessment, if any, of the defendant by | ||||||
17 | an agent designated by the State of Illinois to provide | ||||||
18 | assessment services for the Illinois courts;
| ||||||
19 | (5) hear arguments as to sentencing alternatives;
| ||||||
20 | (6) afford the defendant the opportunity to make a | ||||||
21 | statement in his
own behalf;
| ||||||
22 | (7) afford the victim of a violent crime or a violation | ||||||
23 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
24 | similar provision of a local
ordinance, or a qualified | ||||||
25 | individual affected by: (i) a violation of Section
405, | ||||||
26 | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act or a violation of Section 55 or Section 65 of the | ||||||
2 | Methamphetamine Control and Community Protection Act,
or | ||||||
3 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
4 | except as described in subdivisions (a)(2)(A) and | ||||||
5 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
7 | committed by the defendant the opportunity to make a | ||||||
8 | statement
concerning the impact on the victim and to offer | ||||||
9 | evidence in aggravation or
mitigation; provided that the | ||||||
10 | statement and evidence offered in aggravation
or | ||||||
11 | mitigation must first be prepared in writing in conjunction | ||||||
12 | with the
State's Attorney before it may be presented orally | ||||||
13 | at the hearing. Any
sworn testimony offered by the victim | ||||||
14 | is subject to the defendant's right
to cross-examine. All | ||||||
15 | statements and evidence offered under this paragraph
(7) | ||||||
16 | shall become part of the record of the court. For the | ||||||
17 | purpose of this
paragraph (7), "qualified individual" | ||||||
18 | means any person who (i) lived or worked
within the | ||||||
19 | territorial jurisdiction where the offense took place when | ||||||
20 | the
offense took place;
and (ii) is familiar with various | ||||||
21 | public places within the territorial
jurisdiction where
| ||||||
22 | the offense took place when the offense took place. For the | ||||||
23 | purposes of
this paragraph (7), "qualified individual" | ||||||
24 | includes any peace officer,
or any member of any duly | ||||||
25 | organized State, county, or municipal peace unit
assigned | ||||||
26 | to the territorial jurisdiction where the offense took |
| |||||||
| |||||||
1 | place when the
offense took
place;
| ||||||
2 | (8) in cases of reckless homicide afford the victim's | ||||||
3 | spouse,
guardians, parents or other immediate family | ||||||
4 | members an opportunity to make
oral statements;
| ||||||
5 | (9) in cases involving a felony sex offense as defined | ||||||
6 | under the Sex
Offender
Management Board Act, consider the | ||||||
7 | results of the sex offender evaluation
conducted pursuant | ||||||
8 | to Section 5-3-2 of this Act; and
| ||||||
9 | (10) make a finding of whether a motor vehicle was used | ||||||
10 | in the commission of the offense for which the defendant is | ||||||
11 | being sentenced. | ||||||
12 | (a-5) If the defendant has been found guilty by a judge or | ||||||
13 | jury after a trial, the prosecutor shall file with the court a | ||||||
14 | verified written statement signed by the prosecutor setting | ||||||
15 | forth the prosecutor's final offer, if any, of any specified | ||||||
16 | sentence and any charge to be dismissed or not charged in a | ||||||
17 | plea discussion in exchange for a plea of guilty from the | ||||||
18 | defendant and waiver of his or her right to trial. | ||||||
19 | (b) All sentences shall be imposed by the judge based upon | ||||||
20 | his
independent assessment of the elements specified above and | ||||||
21 | any agreement
as to sentence reached by the parties. In any | ||||||
22 | sentence, a defendant shall not be punished by the imposition | ||||||
23 | of a heavier or greater sentence merely because he or she | ||||||
24 | exercises his or her constitutional right to be tried before an | ||||||
25 | impartial judge or jury. The judge who presided at the
trial or | ||||||
26 | the judge who accepted the plea of guilty shall impose the
|
| |||||||
| |||||||
1 | sentence unless he is no longer sitting as a judge in that | ||||||
2 | court. Where
the judge does not impose sentence at the same | ||||||
3 | time on all defendants
who are convicted as a result of being | ||||||
4 | involved in the same offense, the
defendant or the State's | ||||||
5 | Attorney may advise the sentencing court of the
disposition of | ||||||
6 | any other defendants who have been sentenced.
| ||||||
7 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
8 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
9 | sentence of probation or conditional discharge is an available | ||||||
10 | sentence, if the defendant has no prior sentence of probation | ||||||
11 | or conditional discharge and no prior conviction for a violent | ||||||
12 | crime, the defendant shall not be sentenced to imprisonment | ||||||
13 | before review and consideration of a presentence report and | ||||||
14 | determination and explanation of why the particular evidence, | ||||||
15 | information, factor in aggravation, factual finding, or other | ||||||
16 | reasons support a sentencing determination that one or more of | ||||||
17 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
18 | apply and that probation or conditional discharge is not an | ||||||
19 | appropriate sentence. | ||||||
20 | (c) In imposing a sentence for a violent crime or for an | ||||||
21 | offense of
operating or being in physical control of a vehicle | ||||||
22 | while under the
influence of alcohol, any other drug or any | ||||||
23 | combination thereof, or a
similar provision of a local | ||||||
24 | ordinance, when such offense resulted in the
personal injury to | ||||||
25 | someone other than the defendant, the trial judge shall
specify | ||||||
26 | on the record the particular evidence, information, factors in
|
| |||||||
| |||||||
1 | mitigation and aggravation or other reasons that led to his | ||||||
2 | sentencing
determination. The full verbatim record of the | ||||||
3 | sentencing hearing shall be
filed with the clerk of the court | ||||||
4 | and shall be a public record.
| ||||||
5 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
6 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
7 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
8 | firearm, or armed violence with a category I weapon
or category | ||||||
9 | II weapon,
the trial judge shall make a finding as to whether | ||||||
10 | the conduct leading to
conviction for the offense resulted in | ||||||
11 | great bodily harm to a victim, and
shall enter that finding and | ||||||
12 | the basis for that finding in the record.
| ||||||
13 | (c-2) If the defendant is sentenced to prison, other than | ||||||
14 | when a sentence of
natural life imprisonment or a sentence of | ||||||
15 | death is imposed, at the time
the sentence is imposed the judge | ||||||
16 | shall
state on the record in open court the approximate period | ||||||
17 | of time the defendant
will serve in custody according to the | ||||||
18 | then current statutory rules and
regulations for sentence | ||||||
19 | credit found in Section 3-6-3 and other related
provisions of | ||||||
20 | this Code. This statement is intended solely to inform the
| ||||||
21 | public, has no legal effect on the defendant's actual release, | ||||||
22 | and may not be
relied on by the defendant on appeal.
| ||||||
23 | The judge's statement, to be given after pronouncing the | ||||||
24 | sentence, other than
when the sentence is imposed for one of | ||||||
25 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
26 | shall include the following:
|
| |||||||
| |||||||
1 | "The purpose of this statement is to inform the public of | ||||||
2 | the actual period
of time this defendant is likely to spend in | ||||||
3 | prison as a result of this
sentence. The actual period of | ||||||
4 | prison time served is determined by the
statutes of Illinois as | ||||||
5 | applied to this sentence by the Illinois Department of
| ||||||
6 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
7 | case, assuming the defendant
receives all of his or her | ||||||
8 | sentence credit, the period of estimated actual
custody is ... | ||||||
9 | years and ... months, less up to 180 days additional sentence | ||||||
10 | credit for good conduct. If the defendant, because of his or
| ||||||
11 | her own misconduct or failure to comply with the institutional | ||||||
12 | regulations,
does not receive those credits, the actual time | ||||||
13 | served in prison will be
longer. The defendant may also receive | ||||||
14 | an additional one-half day sentence
credit for each day of | ||||||
15 | participation in vocational, industry, substance abuse,
and | ||||||
16 | educational programs as provided for by Illinois statute."
| ||||||
17 | When the sentence is imposed for one of the offenses | ||||||
18 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
19 | when the sentence is imposed for one of the
offenses enumerated | ||||||
20 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
21 | 19, 1998, and other than when the sentence is imposed for
| ||||||
22 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
23 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | ||||||
24 | the offense was committed on or after January 1, 1999, and
| ||||||
25 | other than when the sentence is imposed for aggravated arson if | ||||||
26 | the offense was
committed on or after July 27, 2001 (the |
| |||||||
| |||||||
1 | effective date of Public Act
92-176), and
other than when the | ||||||
2 | sentence is imposed for aggravated driving under the influence | ||||||
3 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
4 | compounds, or any combination
thereof as defined in | ||||||
5 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
6 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
7 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
8 | judge's statement, to be given after pronouncing the sentence, | ||||||
9 | shall include
the following:
| ||||||
10 | "The purpose of this statement is to inform the public of | ||||||
11 | the actual period
of time this defendant is likely to spend in | ||||||
12 | prison as a result of this
sentence. The actual period of | ||||||
13 | prison time served is determined by the
statutes of Illinois as | ||||||
14 | applied to this sentence by the Illinois Department of
| ||||||
15 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
16 | case,
assuming the defendant
receives all of his or her | ||||||
17 | sentence credit, the period of estimated actual
custody is ... | ||||||
18 | years and ... months, less up to 90 days additional sentence | ||||||
19 | credit for good conduct. If the defendant, because of his or
| ||||||
20 | her own misconduct or failure to comply with the institutional | ||||||
21 | regulations,
does not receive those credits, the actual time | ||||||
22 | served in prison will be
longer. The defendant may also receive | ||||||
23 | an additional one-half day sentence
credit for each day of | ||||||
24 | participation in vocational, industry, substance abuse,
and | ||||||
25 | educational programs as provided for by Illinois statute."
| ||||||
26 | When the sentence is imposed for one of the offenses |
| |||||||
| |||||||
1 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
2 | first degree murder, and the offense was
committed on or after | ||||||
3 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
4 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
5 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
6 | offense was committed on or after January 1, 1999,
and when the | ||||||
7 | sentence is imposed for aggravated driving under the influence
| ||||||
8 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
9 | compounds, or
any combination thereof as defined in | ||||||
10 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
11 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
12 | imposed for aggravated arson if the offense was committed
on or | ||||||
13 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
14 | and when
the sentence is imposed for aggravated driving under | ||||||
15 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
16 | compound or compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
18 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
19 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
20 | judge's
statement, to be given after pronouncing the sentence, | ||||||
21 | shall include the
following:
| ||||||
22 | "The purpose of this statement is to inform the public of | ||||||
23 | the actual period
of time this defendant is likely to spend in | ||||||
24 | prison as a result of this
sentence. The actual period of | ||||||
25 | prison time served is determined by the
statutes of Illinois as | ||||||
26 | applied to this sentence by the Illinois Department of
|
| |||||||
| |||||||
1 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
2 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
3 | sentence credit for
each month of his or her sentence of | ||||||
4 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
5 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
6 | days credit for each month of his or her sentence, the period
| ||||||
7 | of estimated actual custody is ... years and ... months. If the | ||||||
8 | defendant,
because of his or her own misconduct or failure to | ||||||
9 | comply with the
institutional regulations receives lesser | ||||||
10 | credit, the actual time served in
prison will be longer."
| ||||||
11 | When a sentence of imprisonment is imposed for first degree | ||||||
12 | murder and
the offense was committed on or after June 19, 1998, | ||||||
13 | the judge's statement,
to be given after pronouncing the | ||||||
14 | sentence, shall include the following:
| ||||||
15 | "The purpose of this statement is to inform the public of | ||||||
16 | the actual period
of time this defendant is likely to spend in | ||||||
17 | prison as a result of this
sentence. The actual period of | ||||||
18 | prison time served is determined by the
statutes of Illinois as | ||||||
19 | applied to this sentence by the Illinois Department
of | ||||||
20 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
21 | case, the
defendant is not entitled to sentence credit. | ||||||
22 | Therefore, this defendant
will serve 100% of his or her | ||||||
23 | sentence."
| ||||||
24 | When the sentencing order recommends placement in a | ||||||
25 | substance abuse program for any offense that results in | ||||||
26 | incarceration
in a Department of Corrections facility and the |
| |||||||
| |||||||
1 | crime was
committed on or after September 1, 2003 (the | ||||||
2 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
3 | addition to any other judge's statement required under this
| ||||||
4 | Section, to be given after pronouncing the sentence, shall | ||||||
5 | include the
following:
| ||||||
6 | "The purpose of this statement is to inform the public of
| ||||||
7 | the actual period of time this defendant is likely to spend in
| ||||||
8 | prison as a result of this sentence. The actual period of
| ||||||
9 | prison time served is determined by the statutes of Illinois as
| ||||||
10 | applied to this sentence by the Illinois Department of
| ||||||
11 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
12 | case, the defendant shall receive no sentence credit for good | ||||||
13 | conduct under clause (3) of subsection (a) of Section 3-6-3 | ||||||
14 | until he or
she participates in and completes a substance abuse | ||||||
15 | treatment program or receives a waiver from the Director of | ||||||
16 | Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
17 | Section 3-6-3."
| ||||||
18 | (c-4) Before the sentencing hearing and as part of the | ||||||
19 | presentence investigation under Section 5-3-1, the court shall | ||||||
20 | inquire of the defendant whether the defendant is currently | ||||||
21 | serving in or is a veteran of the Armed Forces of the United | ||||||
22 | States.
If the defendant is currently serving in the Armed | ||||||
23 | Forces of the United States or is a veteran of the Armed Forces | ||||||
24 | of the United States and has been diagnosed as having a mental | ||||||
25 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
26 | physician, the court may: |
| |||||||
| |||||||
1 | (1) order that the officer preparing the presentence | ||||||
2 | report consult with the United States Department of | ||||||
3 | Veterans Affairs, Illinois Department of Veterans' | ||||||
4 | Affairs, or another agency or person with suitable | ||||||
5 | knowledge or experience for the purpose of providing the | ||||||
6 | court with information regarding treatment options | ||||||
7 | available to the defendant, including federal, State, and | ||||||
8 | local programming; and | ||||||
9 | (2) consider the treatment recommendations of any | ||||||
10 | diagnosing or treating mental health professionals | ||||||
11 | together with the treatment options available to the | ||||||
12 | defendant in imposing sentence. | ||||||
13 | For the purposes of this subsection (c-4), "qualified | ||||||
14 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
15 | to practice medicine in all its branches, who has specialized | ||||||
16 | in the diagnosis and treatment of mental and nervous disorders | ||||||
17 | for a period of not less than 5 years. | ||||||
18 | (c-6) In imposing a sentence, the trial judge shall | ||||||
19 | specify, on the record, the particular evidence and other | ||||||
20 | reasons which led to his or her determination that a motor | ||||||
21 | vehicle was used in the commission of the offense. | ||||||
22 | (d) When the defendant is committed to the Department of
| ||||||
23 | Corrections, the State's Attorney shall and counsel for the | ||||||
24 | defendant
may file a statement with the clerk of the court to | ||||||
25 | be transmitted to
the department, agency or institution to | ||||||
26 | which the defendant is
committed to furnish such department, |
| |||||||
| |||||||
1 | agency or institution with the
facts and circumstances of the | ||||||
2 | offense for which the person was
committed together with all | ||||||
3 | other factual information accessible to them
in regard to the | ||||||
4 | person prior to his commitment relative to his habits,
| ||||||
5 | associates, disposition and reputation and any other facts and
| ||||||
6 | circumstances which may aid such department, agency or | ||||||
7 | institution
during its custody of such person. The clerk shall | ||||||
8 | within 10 days after
receiving any such statements transmit a | ||||||
9 | copy to such department, agency
or institution and a copy to | ||||||
10 | the other party, provided, however, that
this shall not be | ||||||
11 | cause for delay in conveying the person to the
department, | ||||||
12 | agency or institution to which he has been committed.
| ||||||
13 | (e) The clerk of the court shall transmit to the | ||||||
14 | department,
agency or institution, if any, to which the | ||||||
15 | defendant is committed, the
following:
| ||||||
16 | (1) the sentence imposed;
| ||||||
17 | (2) any statement by the court of the basis for | ||||||
18 | imposing the sentence;
| ||||||
19 | (3) any presentence reports;
| ||||||
20 | (3.5) any sex offender evaluations;
| ||||||
21 | (3.6) any substance abuse treatment eligibility | ||||||
22 | screening and assessment of the defendant by an agent | ||||||
23 | designated by the State of Illinois to provide assessment | ||||||
24 | services for the Illinois courts;
| ||||||
25 | (4) the number of days, if any, which the defendant has | ||||||
26 | been in
custody and for which he is entitled to credit |
| |||||||
| |||||||
1 | against the sentence,
which information shall be provided | ||||||
2 | to the clerk by the sheriff;
| ||||||
3 | (4.1) any finding of great bodily harm made by the | ||||||
4 | court with respect
to an offense enumerated in subsection | ||||||
5 | (c-1);
| ||||||
6 | (5) all statements filed under subsection (d) of this | ||||||
7 | Section;
| ||||||
8 | (6) any medical or mental health records or summaries | ||||||
9 | of the defendant;
| ||||||
10 | (7) the municipality where the arrest of the offender | ||||||
11 | or the commission
of the offense has occurred, where such | ||||||
12 | municipality has a population of
more than 25,000 persons;
| ||||||
13 | (8) all statements made and evidence offered under | ||||||
14 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
15 | (9) all additional matters which the court directs the | ||||||
16 | clerk to
transmit.
| ||||||
17 | (f) In cases in which the court finds that a motor vehicle | ||||||
18 | was used in the commission of the offense for which the | ||||||
19 | defendant is being sentenced, the clerk of the court shall, | ||||||
20 | within 5 days thereafter, forward a report of such conviction | ||||||
21 | to the Secretary of State. | ||||||
22 | (Source: P.A. 99-861, eff. 1-1-17 .)
|