Bill Text: IL SB1312 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Veterans and Servicemembers Court Treatment Act. Provides that a defendant may be admitted into a Veterans and Servicemembers Court program post-adjudication only with the approval of the court. Provides that a "crime of violence" includes rather than means first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping and kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm or where occurred serious bodily injury or death to any person.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Engrossed) 2017-05-26 - Final Action Deadline Extended-9(b) May 31, 2017 [SB1312 Detail]

Download: Illinois-2017-SB1312-Engrossed.html



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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 Veterans and Servicemembers Court Treatment
5Act is amended by changing Section 20 as follows:
6 (730 ILCS 167/20)
7 Sec. 20. Eligibility. Veterans and Servicemembers are
8eligible for Veterans and Servicemembers Courts, provided the
9following:
10 (a) A defendant, who is eligible for probation based on the
11nature of the crime convicted of and in consideration of his or
12her criminal background, if any, may be admitted into a
13Veterans and Servicemembers Court program before adjudication
14only upon the agreement of the prosecutor and the defendant and
15with the approval of the Court. A defendant may be admitted
16into a Veterans and Servicemembers Court program
17post-adjudication only with the approval of the court.
18 (b) A defendant shall be excluded from Veterans and
19Servicemembers Court program if any of one of the following
20applies:
21 (1) The crime is a crime of violence as set forth in
22 clause (3) of this subsection (b).
23 (2) The defendant does not demonstrate a willingness to

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1 participate in a treatment program.
2 (3) The defendant has been convicted of a crime of
3 violence within the past 10 years excluding incarceration
4 time, including . As used in this Section, "crime of
5 violence" means: first degree murder, second degree
6 murder, predatory criminal sexual assault of a child,
7 aggravated criminal sexual assault, criminal sexual
8 assault, armed robbery, aggravated arson, arson,
9 aggravated kidnapping and kidnapping, aggravated battery
10 resulting in great bodily harm or permanent disability,
11 stalking, aggravated stalking, or any offense involving
12 the discharge of a firearm or where occurred serious bodily
13 injury or death to any person.
14 (4) (Blank).
15 (5) The crime for which the defendant has been
16 convicted is non-probationable.
17 (6) The sentence imposed on the defendant, whether the
18 result of a plea or a finding of guilt, renders the
19 defendant ineligible for probation.
20(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
21 Section 10. The Mental Health Court Treatment Act is
22amended by changing Section 20 as follows:
23 (730 ILCS 168/20)
24 Sec. 20. Eligibility.

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1 (a) A defendant, who is eligible for probation based on the
2nature of the crime convicted of and in consideration of his or
3her criminal background, if any, may be admitted into a mental
4health court program only upon the agreement of the prosecutor
5and the defendant and with the approval of the court.
6 (b) A defendant shall be excluded from a mental health
7court program if any one of the following applies:
8 (1) The crime is a crime of violence as set forth in
9 clause (3) of this subsection (b).
10 (2) The defendant does not demonstrate a willingness to
11 participate in a treatment program.
12 (3) The defendant has been convicted of a crime of
13 violence within the past 10 years excluding incarceration
14 time. As used in this paragraph (3), "crime of violence"
15 means: , specifically first degree murder, second degree
16 murder, predatory criminal sexual assault of a child,
17 aggravated criminal sexual assault, criminal sexual
18 assault, armed robbery, aggravated arson, arson,
19 aggravated kidnapping, kidnapping, aggravated battery
20 resulting in great bodily harm or permanent disability,
21 stalking, aggravated stalking, or any offense involving
22 the discharge of a firearm.
23 (4) (Blank).
24 (5) The crime for which the defendant has been
25 convicted is non-probationable.
26 (6) The sentence imposed on the defendant, whether the

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1 result of a plea or a finding of guilt, renders the
2 defendant ineligible for probation.
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