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Public
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If the source note at the end of a Section of the statutes includes a Public Act that has
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(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
(Text of Section from P.A. 97-227)
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.
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(2) The defendant did not contemplate that his
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| criminal conduct would cause or threaten serious physical harm to another.
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(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse
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| or justify the defendant's criminal conduct, though failing to establish a defense.
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(5) The defendant's criminal conduct was induced or
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| facilitated by someone other than the defendant.
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(6) The defendant has compensated or will compensate
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| 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
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| or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
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(8) The defendant's criminal conduct was the result
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| of circumstances unlikely to recur.
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(9) The character and attitudes of the defendant
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| indicate that he is unlikely to commit another crime.
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(10) The defendant is particularly likely to comply
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| with the terms of a period of probation.
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(11) The imprisonment of the defendant would entail
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| excessive hardship to his dependents.
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(12) The imprisonment of the defendant would endanger
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| his or her medical condition.
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(13) The defendant was intellectually disabled as
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| defined in Section 5-1-13 of this Code.
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(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. 97-227, eff. 1-1-12.)
(Text of Section from P.A. 97-678)
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 mentally retarded as defined
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| in Section 5-1-13 of this Code.
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|
(14) The defendant sought or obtained emergency
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| 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.
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|
(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. 97-678, eff. 6-1-12.)
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