Sen. Jason Plummer

Filed: 3/13/2019

 

 


 

 


 
10100SB1878sam002LRB101 11423 SLF 57220 a

1
AMENDMENT TO SENATE BILL 1878

2    AMENDMENT NO. ______. Amend Senate Bill 1878 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5adding Section 5-6-3.3-5 as follows:
 
6    (730 ILCS 5/5-6-3.3-5 new)
7    Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft
8Diversionary Program.
9    (a) When any person who has not previously been convicted
10of a violation of subsection (h) or (i) of Section 17-10.6 of
11the Criminal Code of 2012 or convicted of any similar offense
12in another state is arrested for and charged with a misdemeanor
13offense of theft or retail theft, the court may with the
14consent of the defendant and the State's Attorney, continue the
15matter to allow the defendant to participate and complete the
16Misdemeanor Retail Theft and Theft Diversionary Program.

 

 

10100SB1878sam002- 2 -LRB101 11423 SLF 57220 a

1    (b) When the defendant is placed in the Program, the court
2shall enter an order specifying that the proceedings shall be
3suspended while the defendant is participating in the Program.
4The Program shall be for a duration of not less than 12 months.
5    (c) The conditions of the Program shall be that the
6defendant:
7        (1) not violate any criminal statute of this State or
8    any other jurisdiction;
9        (2) refrain from possessing a firearm or other
10    dangerous weapon; and
11        (3) make full restitution to the victim or property
12    owner under Section 5-5-6 plus 10% of the cost of the
13    stolen item.
14    (d) The court, in its discretion, may order the defendant
15to attend a theft, larceny, shoplifting, or theft awareness
16class either on-line or in person.
17    (e) When the State's Attorney makes a factually specific
18offer of proof that the defendant has failed to successfully
19complete the Program or has violated any of the conditions of
20the Program, the court shall enter an order specifying that the
21defendant has not successfully completed the Program and
22continue the case for arraignment under Section 113-1 of the
23Code of Criminal Procedure of 1963 for further proceedings as
24if the defendant had not participated in the Program.
25    (f) Upon fulfillment of the terms and conditions of the
26Program, the State's Attorney shall dismiss the case or the

 

 

10100SB1878sam002- 3 -LRB101 11423 SLF 57220 a

1court shall discharge the person and dismiss the proceedings
2against the person.
3    (g) A person may only have one discharge and dismissal
4under this Section within a 3-year period.".