Bill Text: IL HB4169 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unified Code of Corrections. Provides that when a penalty is being considered for a felony sex offense or any felony offense that is sexually motivated as defined in the Sex Offender Management Board Act, a sex offender evaluation will be required only in cases where the sex offender is being considered for probation without a mandatory prison sentence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0322 [HB4169 Detail]

Download: Illinois-2009-HB4169-Enrolled.html

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HB4169 Enrolled LRB096 02002 RLC 12013 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 5-3-2 as follows:
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence Report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the

HB4169 Enrolled - 2 - LRB096 02002 RLC 12013 b
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included; and
(7) information concerning defendant's eligibility for
a sentence to a county impact incarceration program under
Section 5-8-1.2 of this Code.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.

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(b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Section 12-15 and Section 12-30 of the
Criminal Code of 1961, as amended, the presentence report shall
set forth information about alcohol, drug abuse, psychiatric,
and marriage counseling or other treatment programs and
facilities, information on the defendant's history of
delinquency or criminality, and shall contain those additional
matters listed in any of paragraphs (1) through (6) of

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subsection (a) or in subsection (b) of this Section as are
specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)