Bill Text: IL SB1761 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB1761 Detail]

Download: Illinois-2021-SB1761-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1761 Introduced 2/26/2021, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
New Act
Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.
LRB102 14299 RLC 19651 b
A BILL FOR
SB1761 LRB102 14299 RLC 19651 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Gun
Crime Charging and Sentencing Accountability and Transparency
Act.
Section 5. Plea agreement; State's Attorney. In a criminal
case, if a defendant is charged with an offense involving the
illegal use or possession of a firearm and subsequently enters
into a plea agreement in which the charge will be reduced to a
lesser offense or a non-weapons offense in exchange for a plea
of guilty, at or before the time of sentencing, the State's
Attorney shall file with the court a written statement of his
or her reasons in support of the plea agreement, which shall
specifically state why the offense or offenses of conviction
resulting from the plea agreement do not include the
originally charged weapons offense. The written statement
shall be part of the court record in the case and a copy shall
be provided to any person upon request.
Section 10. Sentencing; judge. In a criminal case in which
the original charge is or was for an offense involving the
illegal use or possession of a firearm, if a defendant pleads

SB1761 - 2 - LRB102 14299 RLC 19651 b
guilty or is found guilty of the original charge or lesser
offense or a non-weapons offense, in imposing sentence, the
judge shall set forth in a written sentencing order his or her
reasons for imposing the sentence or accepting the plea
agreement. A copy of the written sentencing order shall be
provided to any person upon request.