Bill Text: IL SB1566 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the grounds accorded weight in favor of withholding or minimizing a sentence of imprisonment include that the defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Provides that circumstances to be considered in assessing this factor in mitigation include: (1) the likelihood that the child will be adjudged a dependent minor and declared a ward of the court under the Juvenile Court Act of 1987; and (2) the best interest of the child.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0211 [SB1566 Detail]

Download: Illinois-2021-SB1566-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1566 Introduced 2/26/2021, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
Amends the Unified Code of Corrections. Provides that the grounds accorded weight in favor of withholding or minimizing a sentence of imprisonment include that the defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Provides that circumstances to be considered in assessing this factor in mitigation include: (1) the likelihood that the child will be adjudged a dependent minor and declared a ward of the court under the Juvenile Court Act of 1987; and (2) the best interest of the child.
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A BILL FOR
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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 5-5-3.1 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.

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(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) (Blank).
(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

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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.
(17) At the time of the offense, the defendant was
suffering from post-partum depression or post-partum
psychosis which was either undiagnosed or untreated, or
both, and this temporary mental illness tended to excuse
or justify the defendant's criminal conduct and the
defendant has been diagnosed as suffering from post-partum
depression or post-partum psychosis, or both, by a
qualified medical person and the diagnoses or testimony,
or both, was not used at trial. In this paragraph (17):
"Post-partum depression" means a mood disorder
which strikes many women during and after pregnancy
which usually occurs during pregnancy and up to 12
months after delivery. This depression can include
anxiety disorders.
"Post-partum psychosis" means an extreme form of
post-partum depression which can occur during

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pregnancy and up to 12 months after delivery. This can
include losing touch with reality, distorted thinking,
delusions, auditory and visual hallucinations,
paranoia, hyperactivity and rapid speech, or mania.
(18) The defendant is pregnant or is the parent of a
child or infant whose well-being will be negatively
affected by the parent's absence. Circumstances to be
considered in assessing this factor in mitigation include:
(A) that the parent is breastfeeding the child;
(B) the age of the child, with strong
consideration given to avoid disruption of the
caregiving of an infant, pre-school or school-age
child by a parent;
(C) the role of the parent in the day-to-day
educational and medical needs of the child;
(D) the relationship of the parent and the child;
(E) any special medical, educational, or
psychological needs of the child;
(F) the role of the parent in the financial
support of the child; .
(G) the likelihood that the child will be adjudged
a dependent minor under Section 2-4 and declared a
ward of the court under Section 2-22 of the Juvenile
Court Act of 1987;
(H) the best interest of the child.
Under this Section, the defendant shall have the right

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to present a Family Impact Statement at sentencing, which
the court shall consider in favor of withholding or
minimizing a sentence of imprisonment prior to imposing
any sentence and may include testimony from family and
community members, written statements, video, and
documentation. Unless the court finds that the parent
poses a significant risk to the community that outweighs
the risk of harm from the parent's removal from the
family, the court shall impose a sentence in accordance
with subsection (b) that allows the parent to continue to
care for the child or children.
(19) The defendant serves as the caregiver for a
relative who is ill, disabled, or elderly.
(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. 100-574, eff. 6-1-18; 101-471, eff. 1-1-20.)