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Public Act 100-0426


 

Public Act 0426 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0426
 
SB1312 EnrolledLRB100 08459 RLC 18577 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 Veterans and Servicemembers Court Treatment
Act is amended by changing Section 20 as follows:
 
    (730 ILCS 167/20)
    Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
    (a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program before adjudication
only upon the agreement of the prosecutor and the defendant and
with the approval of the Court. A defendant may be admitted
into a Veterans and Servicemembers Court program
post-adjudication only with the approval of the court.
    (b) A defendant shall be excluded from Veterans and
Servicemembers Court program if any of one of the following
applies:
        (1) The crime is a crime of violence as set forth in
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time, including . As used in this Section, "crime of
    violence" means: first degree murder, second degree
    murder, predatory criminal sexual assault of a child,
    aggravated criminal sexual assault, criminal sexual
    assault, armed robbery, aggravated arson, arson,
    aggravated kidnapping and kidnapping, aggravated battery
    resulting in great bodily harm or permanent disability,
    stalking, aggravated stalking, or any offense involving
    the discharge of a firearm or where occurred serious bodily
    injury or death to any person.
        (4) (Blank).
        (5) The crime for which the defendant has been
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the
    result of a plea or a finding of guilt, renders the
    defendant ineligible for probation.
(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
    Section 10. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:
 
    (730 ILCS 168/20)
    Sec. 20. Eligibility.
    (a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a mental
health court program only upon the agreement of the prosecutor
and the defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health
court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time. As used in this paragraph (3), "crime of violence"
    means: , specifically first degree murder, second degree
    murder, predatory criminal sexual assault of a child,
    aggravated criminal sexual assault, criminal sexual
    assault, armed robbery, aggravated arson, arson,
    aggravated kidnapping, kidnapping, aggravated battery
    resulting in great bodily harm or permanent disability,
    stalking, aggravated stalking, or any offense involving
    the discharge of a firearm.
        (4) (Blank).
        (5) The crime for which the defendant has been
    convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether the
    result of a plea or a finding of guilt, renders the
    defendant ineligible for probation.
    (c) A defendant charged with prostitution under Section
11-14 of the Criminal Code of 2012 may be admitted into a
mental health court program, if available in the jurisdiction
and provided that the requirements in subsections (a) and (b)
are satisfied. Mental health court programs may include
specialized service programs specifically designed to address
the trauma associated with prostitution and human trafficking,
and may offer those specialized services to defendants admitted
to the mental health court program. Judicial circuits
establishing these specialized programs shall partner with
prostitution and human trafficking advocates, survivors, and
service providers in the development of the programs.
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14;
98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)

Effective Date: 1/1/2018