Bill Text: IL SB3416 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-22 - Added as Chief Co-Sponsor Sen. Mike Porfirio [SB3416 Detail]

Download: Illinois-2023-SB3416-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3416 Introduced 2/8/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
730 ILCS 167/31 new
Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.
LRB103 39005 RLC 69142 b
A BILL FOR
SB3416 LRB103 39005 RLC 69142 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
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.
(20) The defendant is convicted of a felony and is a
combat veteran who is a qualified service-disabled veteran
who has been diagnosed with post-traumatic stress
disorder.
(Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22.)

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Section 10. The Veterans and Servicemembers Court
Treatment Act is amended by adding Section 31 as follows:
(730 ILCS 167/31 new)
Sec. 31. Combat veterans; post-traumatic stress disorder.
(a) In this Section:
"Ambulance services" includes medical transportation
services provided by means of an ambulance, helicopter,
medi-car, service car, or taxi.
"Combat veteran" means an Illinois resident who is, or who
was honorably discharged as, a member of the Armed Forces of
the United States, a member of the Illinois National Guard, or
a member of any reserve component of the Armed Forces of the
United States and who served on active duty in connection with
World War II, the Korean War, Southeast Asia War, Persian Gulf
War, Operation Desert Storm, Operation Enduring Freedom,
Operation Iraqi Freedom or Operation Iraqi Freedom, or any
other foreign military action authorized by the President of
the United States, or in which a declaration of war was
declared by the Congress of the United States and enacted into
law.
"Law enforcement agency" means an agency of the State or
of a unit of local government charged with enforcement of
State, county, or municipal laws or with managing custody of
detained persons in the State.

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"Peace officer" has the meaning ascribed to the term in
Section 2-13 of the Criminal Code of 2012.
"Post-traumatic stress disorder" means a condition of
persistent mental and emotional stress occurring as a result
of injury or severe psychological shock, typically involving
disturbance of sleep and constant vivid recall of the
experience, with dulled responses to others and to the outside
world.
"Qualified service-disabled veteran" means a veteran who
has been found to have 10% or more service-connected
disability by the United States Department of Veterans Affairs
or the United States Department of Defense.
(b) If a combat veteran who is a qualified
service-disabled veteran is believed to have committed an
offense or is in need of assistance as a result of a suspected
incidence of post-traumatic stress disorder, a peace officer
or an ambulance service shall transport the veteran to a
Department of Veterans Affairs' hospital to be evaluated by a
physician, psychiatrist, or clinical psychologist, or other
medical professional that the hospital deems qualified to
determine whether the veteran is a danger to himself, herself,
or others.
(c) If it is determined by the hospital staff who
evaluated the veteran that the veteran is not a danger to
himself, herself, or others, the person shall be released
unless that person is subject to law enforcement agency

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