Sen. Antonio Muñoz
Filed: 3/13/2017
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1 | AMENDMENT TO SENATE BILL 1312
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2 | AMENDMENT NO. ______. Amend Senate Bill 1312 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Veterans and Servicemembers Court
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5 | Treatment Act is amended by changing Section 20 as follows: | ||||||
6 | (730 ILCS 167/20)
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7 | Sec. 20. Eligibility. Veterans and Servicemembers are | ||||||
8 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
9 | following:
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10 | (a) A defendant, who is eligible for probation based on the | ||||||
11 | nature of the crime convicted of and in consideration of his or | ||||||
12 | her criminal background, if any, may be admitted into a | ||||||
13 | Veterans and Servicemembers Court program
before adjudication | ||||||
14 | only upon the agreement of the prosecutor and the defendant and | ||||||
15 | with the approval of the Court.
A defendant may be admitted | ||||||
16 | into a Veterans and Servicemembers Court program |
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1 | post-adjudication only with the approval of the court. | ||||||
2 | (b) A defendant shall be excluded from Veterans and | ||||||
3 | Servicemembers Court program if
any of one of the following | ||||||
4 | applies:
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5 | (1) The crime is a crime of violence as set forth in | ||||||
6 | clause (3) of this subsection (b). | ||||||
7 | (2) The defendant does not demonstrate a willingness to | ||||||
8 | participate in a treatment
program.
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9 | (3) The defendant has been convicted of a crime of | ||||||
10 | violence within the past 10
years excluding incarceration | ||||||
11 | time , including . As used in this Section, "crime of | ||||||
12 | violence" means: first degree murder,
second degree | ||||||
13 | murder, predatory criminal sexual assault of a child, | ||||||
14 | aggravated criminal
sexual assault, criminal sexual | ||||||
15 | assault, armed robbery, aggravated arson, arson,
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16 | aggravated kidnapping and kidnapping, aggravated battery | ||||||
17 | resulting in great bodily harm
or permanent disability, | ||||||
18 | stalking, aggravated stalking, or any offense involving | ||||||
19 | the
discharge of a firearm or where occurred serious bodily | ||||||
20 | injury or death to any person . | ||||||
21 | (4) (Blank).
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22 | (5) The crime for which the defendant has been | ||||||
23 | convicted is non-probationable. | ||||||
24 | (6) The sentence imposed on the defendant, whether the | ||||||
25 | result of a plea or a finding of guilt, renders the | ||||||
26 | defendant ineligible for probation.
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1 | (Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
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2 | Section 10. The Mental Health Court Treatment Act is | ||||||
3 | amended by changing Section 20 as follows: | ||||||
4 | (730 ILCS 168/20)
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5 | Sec. 20. Eligibility. | ||||||
6 | (a) A defendant, who is eligible for probation based on the | ||||||
7 | nature of the crime convicted of and in consideration of his or | ||||||
8 | her criminal background, if any, may be admitted into a mental | ||||||
9 | health court program only upon the agreement of the prosecutor | ||||||
10 | and the defendant and with the approval of the court. | ||||||
11 | (b) A defendant shall be excluded from a mental health | ||||||
12 | court program if any one of the following applies: | ||||||
13 | (1) The crime is a crime of violence as set forth in | ||||||
14 | clause (3) of this subsection (b). | ||||||
15 | (2) The defendant does not demonstrate a willingness to | ||||||
16 | participate in a treatment program. | ||||||
17 | (3) The defendant has been convicted of a crime of | ||||||
18 | violence within the past 10 years excluding incarceration | ||||||
19 | time . As used in this paragraph (3), "crime of violence" | ||||||
20 | means: , specifically first degree murder, second degree | ||||||
21 | murder, predatory criminal sexual assault of a child, | ||||||
22 | aggravated criminal sexual assault, criminal sexual | ||||||
23 | assault, armed robbery, aggravated arson, arson, | ||||||
24 | aggravated kidnapping, kidnapping, aggravated battery |
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1 | resulting in great bodily harm or permanent disability, | ||||||
2 | stalking, aggravated stalking, or any offense involving | ||||||
3 | the discharge of a firearm. | ||||||
4 | (4) (Blank). | ||||||
5 | (5) The crime for which the defendant has been | ||||||
6 | convicted is non-probationable. | ||||||
7 | (6) The sentence imposed on the defendant, whether the | ||||||
8 | result of a plea or a finding of guilt, renders the | ||||||
9 | defendant ineligible for probation.
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10 | (c) A defendant charged with prostitution under Section | ||||||
11 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
12 | mental health court program, if available in the jurisdiction | ||||||
13 | and provided that the requirements in subsections (a) and (b) | ||||||
14 | are satisfied. Mental health court programs may include | ||||||
15 | specialized service programs specifically designed to address | ||||||
16 | the trauma associated with prostitution and human trafficking, | ||||||
17 | and may offer those specialized services to defendants admitted | ||||||
18 | to the mental health court program. Judicial circuits | ||||||
19 | establishing these specialized programs shall partner with | ||||||
20 | prostitution and human trafficking advocates, survivors, and | ||||||
21 | service providers in the development of the programs. | ||||||
22 | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; | ||||||
23 | 98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)".
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