Bill Text: IL SB1878 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with changes. Provides that when any person who has not previously been convicted of a violation of certain financial crime enterprise offenses or convicted of any similar offense in another state is arrested for and charged with a misdemeanor offense of theft or retail theft, the court may with the consent of the defendant and the State's Attorney, continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program (in the introduced bill, when any person who has not previously been convicted of any felony offense under the laws of the State or the laws of another state or federal law which would be classified as a felony offense in the State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, the court may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program). Provides that a person may only have one discharge and dismissal under the Program within a 3-year period.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1878 Detail]

Download: Illinois-2019-SB1878-Engrossed.html

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SB1878 Engrossed SRS101 00015 JEJ 45015 b
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
adding Section 5-6-3.3-5 as follows:
(730 ILCS 5/5-6-3.3-5 new)
Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft
Diversionary Program.
(a) When any person who has not previously been convicted
of a violation of subsection (h) or (i) of Section 17-10.6 of
the Criminal Code of 2012 or convicted of any similar offense
in another state is arrested for and charged with a misdemeanor
offense of theft or retail theft, the court may, with the
consent of the defendant and the State's Attorney, continue the
matter to allow the defendant to participate and complete the
Misdemeanor Retail Theft and Theft Diversionary Program.
(b) When the defendant is placed in the Program, the court
shall enter an order specifying that the proceedings shall be
suspended while the defendant is participating in the Program.
The Program shall be for a duration of not less than 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or

SB1878 Engrossed - 2 - SRS101 00015 JEJ 45015 b
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon; and
(3) make full restitution to the victim or property
owner under Section 5-5-6 plus 10% of the cost of the
stolen item.
(d) The court, in its discretion, may order the defendant
to attend a theft, larceny, shoplifting, or theft awareness
class either online or in person.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order specifying that the
defendant has not successfully completed the Program and
continue the case for arraignment under Section 113-1 of the
Code of Criminal Procedure of 1963 for further proceedings as
if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) A person may only have one discharge and dismissal
under this Section within a 3-year period.