Public Act 102-0245
 
SB0765 EnrolledLRB102 04583 RLC 14602 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 5-6-3.6 as follows:
 
    (730 ILCS 5/5-6-3.6)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 5-6-3.6. First Time Weapon Offender Program.
    (a)   The General Assembly has sought to promote public 
safety, reduce recidivism, and conserve valuable resources of 
the criminal justice system through the creation of diversion 
programs for non-violent offenders. This amendatory Act of the 
100th General Assembly establishes a pilot program for 
first-time, non-violent offenders charged with certain weapons 
offenses. The General Assembly recognizes some persons, 
particularly young adults in areas of high crime or poverty, 
may have experienced trauma that contributes to poor decision 
making skills, and the creation of a diversionary program 
poses a greater benefit to the community and the person than 
incarceration. Under this program, a court, with the consent 
of the defendant and the State's Attorney, may sentence a 
defendant charged with an unlawful use of weapons offense 
under Section 24-1 of the Criminal Code of 2012 or aggravated 
unlawful use of a weapon offense under Section 24-1.6 of the 
Criminal Code of 2012, if punishable as a Class 4 felony or 
lower, to a First Time Weapon Offender Program.
    (b) A defendant is not eligible for this Program if:
        (1) the offense was committed during the commission of 
    a violent offense as defined in subsection (h) of this 
    Section;
        (2) he or she has previously been convicted or placed 
    on probation or conditional discharge for any violent 
    offense under the laws of this State, the laws of any other 
    state, or the laws of the United States;
        (3) he or she had a prior successful completion of the 
    First Time Weapon Offender Program under this Section;
        (4) he or she has previously been adjudicated a 
    delinquent minor for the commission of a violent offense;
        (5) he or she is 21 years of age or older; or
        (6) he or she has an existing order of protection 
    issued against him or her.
    (b-5)  In considering whether a defendant shall be 
sentenced to the First Time Weapon Offender Program, the court 
shall consider the following:
        (1)  the age, immaturity, or limited mental capacity of 
    the defendant;
        (2) the nature and circumstances of the offense;
        (3)  whether participation in the Program is in the 
    interest of the defendant's rehabilitation, including any  
    employment or involvement in community, educational, 
    training, or vocational programs;
        (4)  whether the defendant suffers from trauma, as 
    supported by documentation or evaluation by a licensed 
    professional; and
        (5)  the potential risk to public safety. 
    (c) For an offense committed on or after the effective 
date of this amendatory Act of the 100th General Assembly and 
before January 1, 2023, whenever an eligible person pleads 
guilty to an unlawful use of weapons offense under Section 
24-1 of the Criminal Code of 2012 or aggravated unlawful use of 
a weapon offense under Section 24-1.6 of the Criminal Code of 
2012, which is punishable as a Class 4 felony or lower, the 
court, with the consent of the defendant and the State's 
Attorney, may, without entering a judgment, sentence the 
defendant to complete the First Time Weapon Offender Program. 
When a defendant is placed in the Program, the court shall 
defer further proceedings in the case until the conclusion of 
the period or until the filing of a petition alleging 
violation of a term or condition of the Program. Upon 
violation of a term or condition of the Program, the court may 
enter a judgment on its original finding of guilt and proceed 
as otherwise provided by law. Upon fulfillment of the terms 
and conditions of the Program, the court shall discharge the 
person and dismiss the proceedings against the person.
    (d) The Program shall be at least  18 months and not to 
exceed 24 months, as determined by the court at the 
recommendation of the Program program administrator and the 
State's Attorney. The Program administrator may be appointed 
by the Chief Judge of each Judicial Circuit. 
    (e) The conditions of the Program shall be that the 
defendant:
        (1)  not violate any criminal statute of this State or 
    any other jurisdiction;
        (2) refrain from possessing a firearm or other 
    dangerous weapon;
        (3)  obtain or attempt to obtain employment;
        (4)  attend educational courses designed to prepare the 
    defendant for obtaining a high school diploma or to work 
    toward passing high school equivalency testing or to work 
    toward completing a vocational training program;
        (5)  refrain from having in his or her body the 
    presence of any illicit drug prohibited by the 
    Methamphetamine Control and Community Protection Act, the 
    Cannabis Control Act, or the Illinois Controlled 
    Substances Act, unless prescribed by a physician, and 
    submit samples of his or her blood or urine or both for 
    tests to determine the presence of any illicit drug;
        (6)  perform a minimum of 50 hours of community 
    service;
        (7)  attend and participate in any Program activities 
    deemed required by the Program administrator, including 
    but not limited to: counseling sessions, in-person and 
    over the phone check-ins, and educational classes; and
        (8)  pay all fines, assessments, fees, and costs.
    (f)  The Program may, in addition to other conditions, 
require that the defendant:
        (1)  wear an ankle bracelet with GPS tracking;
        (2)   undergo medical or psychiatric treatment, or 
    treatment or rehabilitation approved by the Department of 
    Human Services; and
        (3)   attend or reside in a facility established for the 
    instruction or residence of defendants on probation.
    (g)  There may be only one discharge and dismissal under 
this Section. If a person is convicted of any offense which 
occurred within 5 years subsequent to a discharge and 
dismissal under this Section, the discharge and dismissal 
under this Section shall be admissible in the sentencing 
proceeding for that conviction as evidence in aggravation.
    (h)  For purposes of this Section, "violent offense" means 
any offense in which bodily harm was inflicted or force was 
used against any person or threatened against any person; any 
offense involving the possession of a firearm or dangerous 
weapon; any offense involving sexual conduct, sexual 
penetration, or sexual exploitation; violation of an order of 
protection, stalking, hate crime, domestic battery, or any 
offense of domestic violence.
    (i) This Section is repealed on January 1, 2023. 

(Source: P.A. 100-3, eff. 1-1-18.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.