Bill Text: IL SB1312 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 8-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0426 [SB1312 Detail]
Download: Illinois-2017-SB1312-Enrolled.html
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 8-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0426 [SB1312 Detail]
Download: Illinois-2017-SB1312-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Veterans and Servicemembers Court
Treatment | ||||||
5 | Act is amended by changing Section 20 as follows:
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6 | (730 ILCS 167/20)
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7 | Sec. 20. Eligibility. Veterans and Servicemembers are | ||||||
8 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
9 | following:
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10 | (a) A defendant, who is eligible for probation based on the | ||||||
11 | nature of the crime convicted of and in consideration of his or | ||||||
12 | her criminal background, if any, may be admitted into a | ||||||
13 | Veterans and Servicemembers Court program
before adjudication | ||||||
14 | only upon the agreement of the prosecutor and the defendant and | ||||||
15 | with the approval of the Court.
A defendant may be admitted | ||||||
16 | into a Veterans and Servicemembers Court program | ||||||
17 | post-adjudication only with the approval of the court. | ||||||
18 | (b) A defendant shall be excluded from Veterans and | ||||||
19 | Servicemembers Court program if
any of one of the following | ||||||
20 | applies:
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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.
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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,
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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).
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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.
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20 | (Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
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21 | Section 10. The Mental Health Court Treatment Act is | ||||||
22 | amended by changing Section 20 as follows:
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23 | (730 ILCS 168/20)
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24 | Sec. 20. Eligibility. |
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1 | (a) A defendant, who is eligible for probation based on the | ||||||
2 | nature of the crime convicted of and in consideration of his or | ||||||
3 | her criminal background, if any, may be admitted into a mental | ||||||
4 | health court program only upon the agreement of the prosecutor | ||||||
5 | and the defendant and with the approval of the court. | ||||||
6 | (b) A defendant shall be excluded from a mental health | ||||||
7 | court 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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