| ||||
| Public Act 099-0877 | ||||
| ||||
| ||||
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.
| ||||
(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) The imprisonment of the defendant would entail | ||
excessive
hardship to his dependents.
| ||
(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 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. | ||
(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. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; | ||
99-384, eff. 1-1-16; revised 10-16-15.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||