Bill Text: IL SB0424 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Eliminates the repeal date of the provisions creating the First Time Weapon Offender Program. Changes the name of the Program to the First Time Weapon Offense Program. Deletes a provision that a defendant is not eligible for the Program if he or she is 21 years of age or older. Provides that the Program shall be at least 6 (rather than 18) months and not to exceed 18 (rather than 24) months. Makes other changes regarding the conditions of the Program. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0370 [SB0424 Detail]

Download: Illinois-2023-SB0424-Enrolled.html

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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 5-6-3.6 as follows:
(730 ILCS 5/5-6-3.6)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-6-3.6. First Time Weapon Offense 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
103rd General Assembly amendatory Act of the 100th General
Assembly establishes a pilot program for first-time,
non-violent offenders charged with certain weapons possession
offenses. The General Assembly recognizes some persons,
particularly young adults in areas of high crime or poverty,
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

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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 Offense 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 Offense Offender Program under this
Section;
(4) he or she has previously been adjudicated a
delinquent minor for the commission of a violent offense;
(5) (blank); or 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
sentenced to the First Time Weapon Offense Offender Program,
the court shall consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;

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(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 January 1, 2018
(the effective date of Public Act 100-3) and before January 1,
2024, 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 Offense 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 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

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Program, the court shall discharge the person and dismiss the
proceedings against the person.
(d) The Program shall be at least 6 18 months and not to
exceed 24 months, as determined by the court at the
recommendation of the 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) (blank); obtain or attempt to obtain employment;
(4) (blank); 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) (blank); 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
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;

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(6) (blank); perform a minimum of 50 hours of
community service;
(7) attend and participate in any Program activities
deemed required by the Program administrator, such as
including but not limited to: counseling sessions,
in-person and over the phone check-ins, and educational
classes; and
(8) (blank). pay all fines, assessments, fees, and
costs.
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) obtain or attempt to obtain employment wear an
ankle bracelet with GPS tracking;
(2) 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 undergo
medical or psychiatric treatment, or treatment or
rehabilitation approved by the Department of Human
Services; and
(3) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act or
the Illinois Controlled 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

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illicit drug;
(4) perform community service; attend or reside in a
facility established for the instruction or residence of
defendants on probation.
(5) pay all fines, assessments, fees, and costs; and
(6) comply with such other reasonable conditions as
the court may impose.
(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
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) (Blank). This Section is repealed on January 1, 2024.
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
Section 99. Effective date. This Act takes effect July 1,
2023.