101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3802

 

Introduced 2/14/2020, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/10  from Ch. 56 1/2, par. 710
720 ILCS 570/410  from Ch. 56 1/2, par. 1410
720 ILCS 646/70
730 ILCS 5/5-6-3.4

    Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. In provisions relating to probation for persons who have not been previously convicted of a felony offense, removes provisions requiring probation to be 24 months or at least 24 months and specified conditions of probation. Effective immediately.


LRB101 18860 RLC 68318 b

 

 

A BILL FOR

 

SB3802LRB101 18860 RLC 68318 b

1    AN ACT concerning criminal justice.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 10 as follows:
 
6    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
7    Sec. 10. (a) Whenever any person who has not previously
8been convicted of any felony offense under this Act or any law
9of the United States or of any State relating to cannabis, or
10controlled substances as defined in the Illinois Controlled
11Substances Act, pleads guilty to or is found guilty of
12violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
13this Act, the court may, without entering a judgment and with
14the consent of such person, sentence him to probation.
15    (b) When a person is placed on probation, the court shall
16enter an order specifying a period of probation of 24 months,
17and shall defer further proceedings in the case until the
18conclusion of the period or until the filing of a petition
19alleging violation of a term or condition of probation.
20    (c) (Blank). The conditions of probation shall be that the
21person: (1) not violate any criminal statute of any
22jurisdiction; (2) refrain from possession of a firearm or other
23dangerous weapon; (3) submit to periodic drug testing at a time

 

 

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1and in a manner as ordered by the court, but no less than 3
2times during the period of the probation, with the cost of the
3testing to be paid by the probationer; and (4) perform no less
4than 30 hours of community service, provided community service
5is available in the jurisdiction and is funded and approved by
6the county board. The court may give credit toward the
7fulfillment of community service hours for participation in
8activities and treatment as determined by court services.
9    (d) The court may, in addition to other conditions, require
10that the person:
11        (1) make a report to and appear in person before or
12    participate with the court or such courts, person, or
13    social service agency as directed by the court in the order
14    of probation;
15        (2) pay a fine and costs;
16        (3) work or pursue a course of study or vocational
17    training;
18        (4) undergo medical or psychiatric treatment; or
19    treatment for drug addiction or alcoholism;
20        (5) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (6) support his dependents;
23        (7) refrain from possessing a firearm or other
24    dangerous weapon;
25        (7-5) refrain from having in his or her body the
26    presence of any illicit drug prohibited by the Cannabis

 

 

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1    Control Act, the Illinois Controlled Substances Act, or the
2    Methamphetamine Control and Community Protection Act,
3    unless prescribed by a physician, and submit samples of his
4    or her blood or urine or both for tests to determine the
5    presence of any illicit drug;
6        (8) and in addition, if a minor:
7            (i) reside with his parents or in a foster home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10            (iv) contribute to his own support at home or in a
11        foster home.
12    (e) Upon violation of a term or condition of probation, the
13court may enter a judgment on its original finding of guilt and
14proceed as otherwise provided.
15    (f) Upon fulfillment of the terms and conditions of
16probation, the court shall discharge such person and dismiss
17the proceedings against him.
18    (g) A disposition of probation is considered to be a
19conviction for the purposes of imposing the conditions of
20probation and for appeal, however, discharge and dismissal
21under this Section is not a conviction for purposes of
22disqualification or disabilities imposed by law upon
23conviction of a crime (including the additional penalty imposed
24for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
25of this Act).
26    (h) A person may not have more than one discharge and

 

 

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1dismissal under this Section within a 4-year period.
2    (i) If a person is convicted of an offense under this Act,
3the Illinois Controlled Substances Act, or the Methamphetamine
4Control and Community Protection Act within 5 years subsequent
5to a discharge and dismissal under this Section, the discharge
6and dismissal under this Section shall be admissible in the
7sentencing proceeding for that conviction as a factor in
8aggravation.
9    (j) Notwithstanding subsection (a), before a person is
10sentenced to probation under this Section, the court may refer
11the person to the drug court established in that judicial
12circuit pursuant to Section 15 of the Drug Court Treatment Act.
13The drug court team shall evaluate the person's likelihood of
14successfully completing a sentence of probation under this
15Section and shall report the results of its evaluation to the
16court. If the drug court team finds that the person suffers
17from a substance abuse problem that makes him or her
18substantially unlikely to successfully complete a sentence of
19probation under this Section, then the drug court shall set
20forth its findings in the form of a written order, and the
21person shall not be sentenced to probation under this Section,
22but shall be considered for the drug court program.
23(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
24eff. 1-8-18.)
 
25    Section 10. The Illinois Controlled Substances Act is

 

 

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1amended by changing Section 410 as follows:
 
2    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
3    Sec. 410. (a) Whenever any person who has not previously
4been convicted of any felony offense under this Act or any law
5of the United States or of any State relating to cannabis or
6controlled substances, pleads guilty to or is found guilty of
7possession of a controlled or counterfeit substance under
8subsection (c) of Section 402 or of unauthorized possession of
9prescription form under Section 406.2, the court, without
10entering a judgment and with the consent of such person, may
11sentence him or her to probation.
12    (b) When a person is placed on probation, the court shall
13enter an order specifying a period of probation of 24 months
14and shall defer further proceedings in the case until the
15conclusion of the period or until the filing of a petition
16alleging violation of a term or condition of probation.
17    (c) (Blank). The conditions of probation shall be that the
18person: (1) not violate any criminal statute of any
19jurisdiction; (2) refrain from possessing a firearm or other
20dangerous weapon; (3) submit to periodic drug testing at a time
21and in a manner as ordered by the court, but no less than 3
22times during the period of the probation, with the cost of the
23testing to be paid by the probationer; and (4) perform no less
24than 30 hours of community service, provided community service
25is available in the jurisdiction and is funded and approved by

 

 

SB3802- 6 -LRB101 18860 RLC 68318 b

1the county board. The court may give credit toward the
2fulfillment of community service hours for participation in
3activities and treatment as determined by court services.
4    (d) The court may, in addition to other conditions, require
5that the person:
6        (1) make a report to and appear in person before or
7    participate with the court or such courts, person, or
8    social service agency as directed by the court in the order
9    of probation;
10        (2) pay a fine and costs;
11        (3) work or pursue a course of study or vocational
12    training;
13        (4) undergo medical or psychiatric treatment; or
14    treatment or rehabilitation approved by the Illinois
15    Department of Human Services;
16        (5) attend or reside in a facility established for the
17    instruction or residence of defendants on probation;
18        (6) support his or her dependents;
19        (6-5) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the Cannabis
21    Control Act, the Illinois Controlled Substances Act, or the
22    Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of his
24    or her blood or urine or both for tests to determine the
25    presence of any illicit drug;
26        (7) and in addition, if a minor:

 

 

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1            (i) reside with his or her parents or in a foster
2        home;
3            (ii) attend school;
4            (iii) attend a non-residential program for youth;
5            (iv) contribute to his or her own support at home
6        or in a foster home.
7    (e) Upon violation of a term or condition of probation, the
8court may enter a judgment on its original finding of guilt and
9proceed as otherwise provided.
10    (f) Upon fulfillment of the terms and conditions of
11probation, the court shall discharge the person and dismiss the
12proceedings against him or her.
13    (g) A disposition of probation is considered to be a
14conviction for the purposes of imposing the conditions of
15probation and for appeal, however, discharge and dismissal
16under this Section is not a conviction for purposes of this Act
17or for purposes of disqualifications or disabilities imposed by
18law upon conviction of a crime.
19    (h) A person may not have more than one discharge and
20dismissal under this Section within a 4-year period.
21    (i) If a person is convicted of an offense under this Act,
22the Cannabis Control Act, or the Methamphetamine Control and
23Community Protection Act within 5 years subsequent to a
24discharge and dismissal under this Section, the discharge and
25dismissal under this Section shall be admissible in the
26sentencing proceeding for that conviction as evidence in

 

 

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1aggravation.
2    (j) Notwithstanding subsection (a), before a person is
3sentenced to probation under this Section, the court may refer
4the person to the drug court established in that judicial
5circuit pursuant to Section 15 of the Drug Court Treatment Act.
6The drug court team shall evaluate the person's likelihood of
7successfully completing a sentence of probation under this
8Section and shall report the results of its evaluation to the
9court. If the drug court team finds that the person suffers
10from a substance abuse problem that makes him or her
11substantially unlikely to successfully complete a sentence of
12probation under this Section, then the drug court shall set
13forth its findings in the form of a written order, and the
14person shall not be sentenced to probation under this Section,
15but shall be considered for the drug court program.
16(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
17eff. 1-8-18.)
 
18    Section 15. The Methamphetamine Control and Community
19Protection Act is amended by changing Section 70 as follows:
 
20    (720 ILCS 646/70)
21    Sec. 70. Probation.
22    (a) Whenever any person who has not previously been
23convicted of any felony offense under this Act, the Illinois
24Controlled Substances Act, the Cannabis Control Act, or any law

 

 

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1of the United States or of any state relating to cannabis or
2controlled substances, pleads guilty to or is found guilty of
3possession of less than 15 grams of methamphetamine under
4paragraph (1) or (2) of subsection (b) of Section 60 of this
5Act, the court, without entering a judgment and with the
6consent of the person, may sentence him or her to probation.
7    (b) When a person is placed on probation, the court shall
8enter an order specifying a period of probation of 24 months
9and shall defer further proceedings in the case until the
10conclusion of the period or until the filing of a petition
11alleging violation of a term or condition of probation.
12    (c) (Blank). The conditions of probation shall be that the
13person:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) submit to periodic drug testing at a time and in a
19    manner as ordered by the court, but no less than 3 times
20    during the period of the probation, with the cost of the
21    testing to be paid by the probationer; and
22        (4) perform no less than 30 hours of community service,
23    if community service is available in the jurisdiction and
24    is funded and approved by the county board. The court may
25    give credit toward the fulfillment of community service
26    hours for participation in activities and treatment as

 

 

SB3802- 10 -LRB101 18860 RLC 68318 b

1    determined by court services.
2    (d) The court may, in addition to other conditions, require
3that the person take one or more of the following actions:
4        (1) make a report to and appear in person before or
5    participate with the court or such courts, person, or
6    social service agency as directed by the court in the order
7    of probation;
8        (2) pay a fine and costs;
9        (3) work or pursue a course of study or vocational
10    training;
11        (4) undergo medical or psychiatric treatment; or
12    treatment or rehabilitation approved by the Illinois
13    Department of Human Services;
14        (5) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (6) support his or her dependents;
17        (7) refrain from having in his or her body the presence
18    of any illicit drug prohibited by this Act, the Cannabis
19    Control Act, or the Illinois Controlled Substances Act,
20    unless prescribed by a physician, and submit samples of his
21    or her blood or urine or both for tests to determine the
22    presence of any illicit drug; or
23        (8) if a minor:
24            (i) reside with his or her parents or in a foster
25        home;
26            (ii) attend school;

 

 

SB3802- 11 -LRB101 18860 RLC 68318 b

1            (iii) attend a non-residential program for youth;
2        or
3            (iv) contribute to his or her own support at home
4        or in a foster home.
5    (e) Upon violation of a term or condition of probation, the
6court may enter a judgment on its original finding of guilt and
7proceed as otherwise provided.
8    (f) Upon fulfillment of the terms and conditions of
9probation, the court shall discharge the person and dismiss the
10proceedings against the person.
11    (g) A disposition of probation is considered to be a
12conviction for the purposes of imposing the conditions of
13probation and for appeal, however, discharge and dismissal
14under this Section is not a conviction for purposes of this Act
15or for purposes of disqualifications or disabilities imposed by
16law upon conviction of a crime.
17    (h) A person may not have more than one discharge and
18dismissal under this Section within a 4-year period.
19    (i) If a person is convicted of an offense under this Act,
20the Cannabis Control Act, or the Illinois Controlled Substances
21Act within 5 years subsequent to a discharge and dismissal
22under this Section, the discharge and dismissal under this
23Section are admissible in the sentencing proceeding for that
24conviction as evidence in aggravation.
25    (j) Notwithstanding subsection (a), before a person is
26sentenced to probation under this Section, the court may refer

 

 

SB3802- 12 -LRB101 18860 RLC 68318 b

1the person to the drug court established in that judicial
2circuit pursuant to Section 15 of the Drug Court Treatment Act.
3The drug court team shall evaluate the person's likelihood of
4successfully completing a sentence of probation under this
5Section and shall report the results of its evaluation to the
6court. If the drug court team finds that the person suffers
7from a substance abuse problem that makes him or her
8substantially unlikely to successfully complete a sentence of
9probation under this Section, then the drug court shall set
10forth its findings in the form of a written order, and the
11person shall not be sentenced to probation under this Section,
12but shall be considered for the drug court program.
13(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
14eff. 1-8-18.)
 
15    Section 20. The Unified Code of Corrections is amended by
16changing Section 5-6-3.4 as follows:
 
17    (730 ILCS 5/5-6-3.4)
18    Sec. 5-6-3.4. Second Chance Probation.
19    (a) Whenever any person who has not previously been
20convicted of any felony offense under the laws of this State,
21the laws of any other state, or the laws of the United States,
22and pleads guilty to, or is found guilty of, possession of less
23than 15 grams of a controlled substance; possession of less
24than 15 grams of methamphetamine; or a probationable felony

 

 

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1offense of possession of cannabis, theft, retail theft,
2forgery, deceptive practices, possession of a stolen motor
3vehicle, burglary, possession of burglary tools, disorderly
4conduct, criminal damage or trespass to property under Article
521 of the Criminal Code of 2012, criminal trespass to a
6residence, an offense involving fraudulent identification, or
7obstructing justice; or possession of cannabis, the court, with
8the consent of the defendant and the State's Attorney, may,
9without entering a judgment, sentence the defendant to
10probation under this Section.
11    (a-1) Exemptions. A defendant is not eligible for this
12probation if the offense he or she pleads guilty to, or is
13found guilty of, is a violent offense, or he or she has
14previously been convicted of a violent offense. For purposes of
15this probation, a "violent offense" is any offense where bodily
16harm was inflicted or where force was used against any person
17or threatened against any person, any offense involving sexual
18conduct, sexual penetration, or sexual exploitation, any
19offense of domestic violence, domestic battery, violation of an
20order of protection, stalking, hate crime, and any offense
21involving the possession of a firearm or dangerous weapon. A
22defendant shall not be eligible for this probation if he or she
23has previously been adjudicated a delinquent minor for the
24commission of a violent offense as defined in this subsection.
25    (b) When a defendant is placed on probation, the court
26shall enter an order specifying a period of probation of not

 

 

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1less than 24 months and shall defer further proceedings in the
2case until the conclusion of the period or until the filing of
3a petition alleging violation of a term or condition of
4probation.
5    (c) The conditions of probation 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;
11        (3) make full restitution to the victim or property
12    owner under Section 5-5-6 of this Code;
13        (4) obtain or attempt to obtain employment;
14        (5) pay fines and costs;
15        (6) attend educational courses designed to prepare the
16    defendant for obtaining a high school diploma or to work
17    toward passing high school equivalency testing or to work
18    toward completing a vocational training program;
19        (7) submit to periodic drug testing at a time and in a
20    manner as ordered by the court, but no less than 3 times
21    during the period of probation, with the cost of the
22    testing to be paid by the defendant; and
23        (8) perform a minimum of 30 hours of community service.
24    The court may give credit toward the fulfillment of
25    community service hours for participation in activities
26    and treatment as determined by court services.

 

 

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1    (d) The court may, in addition to other conditions, require
2that the defendant:
3        (1) make a report to and appear in person before or
4    participate with the court or such courts, person, or
5    social service agency as directed by the court in the order
6    of probation;
7        (2) undergo medical or psychiatric treatment, or
8    treatment or rehabilitation approved by the Illinois
9    Department of Human Services;
10        (3) attend or reside in a facility established for the
11    instruction or residence of defendants on probation;
12        (4) support his or her dependents; or
13        (5) refrain from having in his or her body the presence
14    of any illicit drug prohibited by the Methamphetamine
15    Control and Community Protection Act, the Cannabis Control
16    Act, or the Illinois Controlled Substances Act, unless
17    prescribed by a physician, and submit samples of his or her
18    blood or urine or both for tests to determine the presence
19    of any illicit drug.
20    (e) Upon violation of a term or condition of probation, the
21court may enter a judgment on its original finding of guilt and
22proceed as otherwise provided by law.
23    (f) Upon fulfillment of the terms and conditions of
24probation, the court shall discharge the person and dismiss the
25proceedings against the person.
26    (g) A disposition of probation is considered to be a

 

 

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1conviction for the purposes of imposing the conditions of
2probation and for appeal; however, a discharge and dismissal
3under this Section is not a conviction for purposes of this
4Code or for purposes of disqualifications or disabilities
5imposed by law upon conviction of a crime.
6    (h) A person may only have one discharge and dismissal
7under this Section within a 4-year period.
8    (i) If a person is convicted of any offense which occurred
9within 5 years subsequent to a discharge and dismissal under
10this Section, the discharge and dismissal under this Section
11shall be admissible in the sentencing proceeding for that
12conviction as evidence in aggravation.
13    (j) Notwithstanding subsection (a), if the court finds that
14the defendant suffers from a substance abuse problem, then
15before the person is placed on probation under this Section,
16the court may refer the person to the drug court established in
17that judicial circuit pursuant to Section 15 of the Drug Court
18Treatment Act. The drug court team shall evaluate the person's
19likelihood of successfully fulfilling the terms and conditions
20of probation under this Section and shall report the results of
21its evaluation to the court. If the drug court team finds that
22the person suffers from a substance abuse problem that makes
23him or her substantially unlikely to successfully fulfill the
24terms and conditions of probation under this Section, then the
25drug court shall set forth its findings in the form of a
26written order, and the person shall be ineligible to be placed

 

 

SB3802- 17 -LRB101 18860 RLC 68318 b

1on probation under this Section, but shall be considered for
2the drug court program.
3(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
4eff. 1-8-18.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.