Public Act 099-0877
 
HB6037 EnrolledLRB099 15400 RLC 39676 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.

        (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.