Bill Text: IL HB6037 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Unified Code of Corrections. Provides that the following ground shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment that at the time of the offense, the defendant was suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 26-8)
Status: (Passed) 2016-08-22 - Public Act . . . . . . . . . 99-0877 [HB6037 Detail]
Download: Illinois-2015-HB6037-Chaptered.html
| ||||
| Public Act 099-0877 | ||||
| ||||
| ||||
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 5-5-3.1 as follows:
| ||||
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| ||||
Sec. 5-5-3.1. Factors in Mitigation.
| ||||
(a) The following
grounds shall be accorded weight in favor | ||||
of withholding or
minimizing a sentence of imprisonment:
| ||||
(1) The defendant's criminal conduct neither caused | ||||
nor
threatened serious physical harm to another.
| ||||
(2) The defendant did not contemplate that his criminal | ||||
conduct would
cause or threaten serious physical harm to | ||||
another.
| ||||
(3) The defendant acted under a strong provocation.
| ||||
(4) There were substantial grounds tending to excuse or | ||||
justify
the defendant's criminal conduct, though failing | ||||
to establish a
defense.
| ||||
(5) The defendant's criminal conduct was induced or | ||||
facilitated
by someone other than the defendant.
| ||||
(6) The defendant has compensated or will compensate | ||||
the victim
of his criminal conduct for the damage or injury | ||||
that he sustained.
| ||||
(7) The defendant has no history of prior delinquency | ||
or
criminal activity or has led a law-abiding life for a | ||
substantial
period of time before the commission of the | ||
present crime.
| ||
(8) The defendant's criminal conduct was the result of
| ||
circumstances unlikely to recur.
| ||
(9) The character and attitudes of the defendant | ||
indicate that he is
unlikely to commit another crime.
| ||
(10) The defendant is particularly likely to comply | ||
with the terms of
a period of probation.
| ||
(11) The imprisonment of the defendant would entail | ||
excessive
hardship to his dependents.
| ||
(12) The imprisonment of the defendant would endanger | ||
his or her medical
condition.
| ||
(13) The defendant was a person with an intellectual | ||
disability as defined in Section 5-1-13 of
this Code.
| ||
(14) The defendant sought or obtained emergency | ||
medical assistance for an overdose and was convicted of a | ||
Class 3 felony or higher possession, manufacture, or | ||
delivery of a controlled, counterfeit, or look-alike | ||
substance or a controlled substance analog under the | ||
Illinois Controlled Substances Act or a Class 2 felony or | ||
higher possession, manufacture or delivery of | ||
methamphetamine under the Methamphetamine Control and | ||
Community Protection Act. | ||
(15) At the time of the offense, the defendant is or | ||
had been the victim of domestic violence and the effects of | ||
the domestic violence tended to excuse or justify the | ||
defendant's criminal conduct. As used in this paragraph | ||
(15), "domestic violence" means abuse as defined in Section | ||
103 of the Illinois Domestic Violence Act of 1986. | ||
(16) At the time of the offense, the defendant was | ||
suffering from a serious mental illness which, though | ||
insufficient to establish the defense of insanity, | ||
substantially affected his or her ability to understand the | ||
nature of his or her acts or to conform his or her conduct | ||
to the requirements of the law. | ||
(b) If the court, having due regard for the character of | ||
the
offender, the nature and circumstances of the offense and | ||
the
public interest finds that a sentence of imprisonment is | ||
the
most appropriate disposition of the offender, or where | ||
other
provisions of this Code mandate the imprisonment of the | ||
offender,
the grounds listed in paragraph (a) of this | ||
subsection shall be
considered as factors in mitigation of the | ||
term imposed.
| ||
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; | ||
99-384, eff. 1-1-16; revised 10-16-15.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||
