103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5285

 

Introduced 2/9/2024, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-5  from Ch. 38, par. 2-5
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
730 ILCS 5/5-6-3.6

    Amends the Criminal Code of 2012. In the definition of "conviction" provides that "conviction" means a judgment of conviction and sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury (rather than a judgment of conviction or sentence). Provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that for the first-time offender provisions of those Acts, a sentence under those provisions shall not be considered a conviction under Illinois law unless and until judgment is entered for a violation of the terms of the probation. Provides that a sentence (rather than discharge and dismissal) is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. Amends the Unified Code of Corrections. Makes the same changes with respect to the Second Chance Probation Program and the First Time Weapon Offense Program.


LRB103 37363 RLC 67484 b

 

 

A BILL FOR

 

HB5285LRB103 37363 RLC 67484 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 2-5 as follows:
 
6    (720 ILCS 5/2-5)  (from Ch. 38, par. 2-5)
7    Sec. 2-5. "Conviction". "Conviction" means a judgment of
8conviction and or sentence entered upon a plea of guilty or
9upon a verdict or finding of guilty of an offense, rendered by
10a legally constituted jury or by a court of competent
11jurisdiction authorized to try the case without a jury. If
12judgment is withheld, the plea, verdict, or finding of guilty
13is not a conviction under Illinois law unless and until
14judgment is entered.
15(Source: Laws 1961, p. 1983.)
 
16    Section 10. The Cannabis Control Act is amended by
17changing Section 10 as follows:
 
18    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
19    Sec. 10. (a) Whenever any person who has not previously
20been convicted of any felony offense under this Act or any law
21of the United States or of any State relating to cannabis, or

 

 

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

 

 

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1require that the person:
2        (1) make a report to and appear in person before or
3    participate with the court or such courts, person, or
4    social service agency as directed by the court in the
5    order of probation;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical or psychiatric treatment; or
10    treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) refrain from possessing a firearm or other
15    dangerous weapon;
16        (7-5) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the Cannabis
18    Control Act, the Illinois Controlled Substances Act, or
19    the Methamphetamine Control and Community Protection Act,
20    unless prescribed by a physician, and submit samples of
21    his or her blood or urine or both for tests to determine
22    the presence of any illicit drug;
23        (8) and in addition, if a minor:
24            (i) reside with his parents or in a foster home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

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1            (iv) provide nonfinancial contributions to his own
2        support at home or in a foster home.
3    (e) Upon violation of a term or condition of probation,
4the court may enter a judgment on its original finding of guilt
5and proceed as otherwise provided.
6    (f) Upon fulfillment of the terms and conditions of
7probation, the court shall discharge such person and dismiss
8the proceedings against him.
9    (g) A disposition of probation is considered to be a
10conviction for the purposes of imposing the conditions of
11probation and for appeal, however, a sentence discharge and
12dismissal under this Section is not a conviction for purposes
13of disqualification or disabilities imposed by law upon
14conviction of a crime (including the additional penalty
15imposed for subsequent offenses under Section 4(c), 4(d), 5(c)
16or 5(d) of this Act) unless and until judgment is entered.
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 Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act within 5 years subsequent
22to a discharge and dismissal under this Section, the discharge
23and dismissal under this Section shall be admissible in the
24sentencing proceeding for that conviction as a factor in
25aggravation.
26    (j) Notwithstanding subsection (a), before a person is

 

 

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1sentenced to probation under this Section, the court may refer
2the person to the drug court established in that judicial
3circuit pursuant to Section 15 of the Drug Court Treatment
4Act. The drug court team shall evaluate the person's
5likelihood of successfully completing a sentence of probation
6under this Section and shall report the results of its
7evaluation to the court. If the drug court team finds that the
8person suffers from a substance abuse problem that makes him
9or her substantially unlikely to successfully complete a
10sentence of probation under this Section, then the drug court
11shall set forth its findings in the form of a written order,
12and the person shall not be sentenced to probation under this
13Section, but shall be considered for the drug court program.
14    (k) Fines and assessments, such as fees or administrative
15costs, authorized under this Section shall not be ordered or
16imposed against a minor subject to Article III, IV, or V of the
17Juvenile Court Act of 1987, or a minor under the age of 18
18transferred to adult court or excluded from juvenile court
19jurisdiction under Article V of the Juvenile Court Act of
201987, or the minor's parent, guardian, or legal custodian.
21(Source: P.A. 103-379, eff. 7-28-23.)
 
22    Section 15. The Illinois Controlled Substances Act is
23amended by changing Section 410 as follows:
 
24    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)

 

 

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1    Sec. 410. (a) Whenever any person who has not previously
2been convicted of any felony offense under this Act or any law
3of the United States or of any State relating to cannabis or
4controlled substances, pleads guilty to or is found guilty of
5possession of a controlled or counterfeit substance under
6subsection (c) of Section 402 or of unauthorized possession of
7prescription form under Section 406.2, the court, without
8entering a judgment and with the consent of such person, may
9sentence him or her to probation. A sentence under this
10Section shall not be considered a conviction under Illinois
11law unless and until judgment is entered under subsection (e)
12of this Section.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19(1) not violate any criminal statute of any jurisdiction; (2)
20refrain from possessing a firearm or other dangerous weapon;
21(3) submit to periodic drug testing at a time and in a manner
22as ordered by the court, but no less than 3 times during the
23period of the probation, with the cost of the testing to be
24paid by the probationer; and (4) perform no less than 30 hours
25of community service, provided community service is available
26in the jurisdiction and is funded and approved by the county

 

 

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1board. The court may give credit toward the fulfillment of
2community service hours for participation in activities and
3treatment as determined by court services.
4    (d) The court may, in addition to other conditions,
5require that 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
9    order 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
22    the Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of
24    his or her blood or urine or both for tests to determine
25    the 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,
8the court may enter a judgment on its original finding of guilt
9and proceed as otherwise provided.
10    (f) Upon fulfillment of the terms and conditions of
11probation, the court shall discharge the person and dismiss
12the proceedings 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, a sentence discharge and
16dismissal under this Section is not a conviction for purposes
17of this Act or for purposes of disqualifications or
18disabilities imposed by law upon conviction of a crime unless
19and until judgment is entered.
20    (h) A person may not have more than one discharge and
21dismissal under this Section within a 4-year period.
22    (i) If a person is convicted of an offense under this Act,
23the Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act within 5 years subsequent to a
25discharge and dismissal under this Section, the discharge and
26dismissal under this Section shall be admissible in the

 

 

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1sentencing proceeding for that conviction as evidence in
2aggravation.
3    (j) Notwithstanding subsection (a), before a person is
4sentenced to probation under this Section, the court may refer
5the person to the drug court established in that judicial
6circuit pursuant to Section 15 of the Drug Court Treatment
7Act. The drug court team shall evaluate the person's
8likelihood of successfully completing a sentence of probation
9under this Section and shall report the results of its
10evaluation to the court. If the drug court team finds that the
11person suffers from a substance abuse problem that makes him
12or her substantially unlikely to successfully complete a
13sentence of probation under this Section, then the drug court
14shall set forth its findings in the form of a written order,
15and the person shall not be sentenced to probation under this
16Section, but shall be considered for the drug court program.
17(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
18100-575, eff. 1-8-18.)
 
19    Section 20. The Methamphetamine Control and Community
20Protection Act is amended by changing Section 70 as follows:
 
21    (720 ILCS 646/70)
22    Sec. 70. Probation.
23    (a) Whenever any person who has not previously been
24convicted of any felony offense under this Act, the Illinois

 

 

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

 

 

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

 

 

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

 

 

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1dismissal under this Section, the discharge and dismissal
2under this Section are admissible in the sentencing proceeding
3for that conviction as evidence in aggravation.
4    (j) Notwithstanding subsection (a), before a person is
5sentenced to probation under this Section, the court may refer
6the person to the drug court established in that judicial
7circuit pursuant to Section 15 of the Drug Court Treatment
8Act. The drug court team shall evaluate the person's
9likelihood of successfully completing a sentence of probation
10under this Section and shall report the results of its
11evaluation to the court. If the drug court team finds that the
12person suffers from a substance abuse problem that makes him
13or her substantially unlikely to successfully complete a
14sentence of probation under this Section, then the drug court
15shall set forth its findings in the form of a written order,
16and the person shall not be sentenced to probation under this
17Section, but shall be considered for the drug court program.
18(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
19100-575, eff. 1-8-18.)
 
20    Section 25. The Unified Code of Corrections is amended by
21changing Sections 5-6-3.4 and 5-6-3.6 as follows:
 
22    (730 ILCS 5/5-6-3.4)
23    Sec. 5-6-3.4. Second Chance Probation.
24    (a) Whenever any person who has not previously been

 

 

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1convicted of any felony offense under the laws of this State,
2the laws of any other state, or the laws of the United States,
3and pleads guilty to, or is found guilty of, possession of less
4than 15 grams of a controlled substance; possession of less
5than 15 grams of methamphetamine; or a probationable felony
6offense of possession of cannabis, theft, retail theft,
7forgery, deceptive practices, possession of a stolen motor
8vehicle, burglary, possession of burglary tools, disorderly
9conduct, criminal damage or trespass to property under Article
1021 of the Criminal Code of 2012, criminal trespass to a
11residence, an offense involving fraudulent identification, or
12obstructing justice; or possession of cannabis, the court,
13with the consent of the defendant and the State's Attorney,
14may, without entering a judgment, sentence the defendant to
15probation under this Section. A sentence under this Section
16shall not be considered a conviction under Illinois law unless
17and until judgment is entered under subsection (e) of this
18Section.
19    (a-1) Exemptions. A defendant is not eligible for this
20probation if the offense he or she pleads guilty to, or is
21found guilty of, is a violent offense, or he or she has
22previously been convicted of a violent offense. For purposes
23of this probation, a "violent offense" is any offense where
24bodily harm was inflicted or where force was used against any
25person or threatened against any person, any offense involving
26sexual conduct, sexual penetration, or sexual exploitation,

 

 

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1any offense of domestic violence, domestic battery, violation
2of an order of protection, stalking, hate crime, and any
3offense involving the possession of a firearm or dangerous
4weapon. A defendant shall not be eligible for this probation
5if he or she has previously been adjudicated a delinquent
6minor for the commission of a violent offense as defined in
7this subsection.
8    (b) When a defendant is placed on probation, the court
9shall enter an order specifying a period of probation of not
10less than 24 months and shall defer further proceedings in the
11case until the conclusion of the period or until the filing of
12a petition alleging violation of a term or condition of
13probation.
14    (c) The conditions of probation shall be that the
15defendant:
16        (1) not violate any criminal statute of this State or
17    any other jurisdiction;
18        (2) refrain from possessing a firearm or other
19    dangerous weapon;
20        (3) make full restitution to the victim or property
21    owner under Section 5-5-6 of this Code;
22        (4) obtain or attempt to obtain employment;
23        (5) pay fines and costs;
24        (6) attend educational courses designed to prepare the
25    defendant for obtaining a high school diploma or to work
26    toward passing high school equivalency testing or to work

 

 

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1    toward completing a vocational training program;
2        (7) submit to periodic drug testing at a time and in a
3    manner as ordered by the court, but no less than 3 times
4    during the period of probation, with the cost of the
5    testing to be paid by the defendant; and
6        (8) perform a minimum of 30 hours of community
7    service. The court may give credit toward the fulfillment
8    of community service hours for participation in activities
9    and treatment as determined by court services.
10    (d) The court may, in addition to other conditions,
11require that the defendant:
12        (1) make a report to and appear in person before or
13    participate with the court or such courts, person, or
14    social service agency as directed by the court in the
15    order of probation;
16        (2) undergo medical or psychiatric treatment, or
17    treatment or rehabilitation approved by the Illinois
18    Department of Human Services;
19        (3) attend or reside in a facility established for the
20    instruction or residence of defendants on probation;
21        (4) support his or her dependents; or
22        (5) refrain from having in his or her body the
23    presence of any illicit drug prohibited by the
24    Methamphetamine Control and Community Protection Act, the
25    Cannabis Control Act, or the Illinois Controlled
26    Substances Act, unless prescribed by a physician, and

 

 

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1    submit samples of his or her blood or urine or both for
2    tests to determine the presence of any illicit drug.
3    (e) Upon violation of a term or condition of probation,
4the court may enter a judgment on its original finding of guilt
5and proceed as otherwise provided by law.
6    (f) Upon fulfillment of the terms and conditions of
7probation, the court shall discharge the person and dismiss
8the proceedings against the person.
9    (g) A disposition of probation is considered to be a
10conviction for the purposes of imposing the conditions of
11probation and for appeal; however, a sentence discharge and
12dismissal under this Section is not a conviction for purposes
13of this Code or for purposes of disqualifications or
14disabilities imposed by law upon conviction of a crime unless
15and until judgment is entered.
16    (h) A person may only have one discharge and dismissal
17under this Section within a 4-year period.
18    (i) If a person is convicted of any offense which occurred
19within 5 years subsequent to a discharge and dismissal under
20this Section, the discharge and dismissal under this Section
21shall be admissible in the sentencing proceeding for that
22conviction as evidence in aggravation.
23    (j) Notwithstanding subsection (a), if the court finds
24that the defendant suffers from a substance abuse problem,
25then before the person is placed on probation under this
26Section, the court may refer the person to the drug court

 

 

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1established in that judicial circuit pursuant to Section 15 of
2the Drug Court Treatment Act. The drug court team shall
3evaluate the person's likelihood of successfully fulfilling
4the terms and conditions of probation under this Section and
5shall report the results of its evaluation to the court. If the
6drug court team finds that the person suffers from a substance
7abuse problem that makes him or her substantially unlikely to
8successfully fulfill the terms and conditions of probation
9under this Section, then the drug court shall set forth its
10findings in the form of a written order, and the person shall
11be ineligible to be placed on 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;
14100-575, eff. 1-8-18.)
 
15    (730 ILCS 5/5-6-3.6)
16    Sec. 5-6-3.6. First Time Weapon Offense Program.
17    (a) The General Assembly has sought to promote public
18safety, reduce recidivism, and conserve valuable resources of
19the criminal justice system through the creation of diversion
20programs for non-violent offenders. This amendatory Act of the
21103rd General Assembly establishes a program for first-time,
22non-violent offenders charged with certain weapons possession
23offenses. The General Assembly recognizes some persons,
24particularly in areas of high crime or poverty, may have
25experienced trauma that contributes to poor decision making

 

 

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1skills, and the creation of a diversionary program poses a
2greater benefit to the community and the person than
3incarceration. Under this program, a court, with the consent
4of the defendant and the State's Attorney, may sentence a
5defendant charged with an unlawful use of weapons offense
6under Section 24-1 of the Criminal Code of 2012 or aggravated
7unlawful use of a weapon offense under Section 24-1.6 of the
8Criminal Code of 2012, if punishable as a Class 4 felony or
9lower, to a First Time Weapon Offense Program.
10    (b) A defendant is not eligible for this Program if:
11        (1) the offense was committed during the commission of
12    a violent offense as defined in subsection (h) of this
13    Section;
14        (2) he or she has previously been convicted or placed
15    on probation or conditional discharge for any violent
16    offense under the laws of this State, the laws of any other
17    state, or the laws of the United States;
18        (3) he or she had a prior successful completion of the
19    First Time Weapon Offense Program under this Section;
20        (4) he or she has previously been adjudicated a
21    delinquent minor for the commission of a violent offense;
22        (5) (blank); or
23        (6) he or she has an existing order of protection
24    issued against him or her.
25    (b-5) In considering whether a defendant shall be
26sentenced to the First Time Weapon Offense Program, the court

 

 

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1shall consider the following:
2        (1) the age, immaturity, or limited mental capacity of
3    the defendant;
4        (2) the nature and circumstances of the offense;
5        (3) whether participation in the Program is in the
6    interest of the defendant's rehabilitation, including any
7    employment or involvement in community, educational,
8    training, or vocational programs;
9        (4) whether the defendant suffers from trauma, as
10    supported by documentation or evaluation by a licensed
11    professional; and
12        (5) the potential risk to public safety.
13    (c) For an offense committed on or after January 1, 2018
14(the effective date of Public Act 100-3) whenever an eligible
15person pleads guilty to an unlawful use of weapons offense
16under Section 24-1 of the Criminal Code of 2012 or aggravated
17unlawful use of a weapon offense under Section 24-1.6 of the
18Criminal Code of 2012, which is punishable as a Class 4 felony
19or lower, the court, with the consent of the defendant and the
20State's Attorney, may, without entering a judgment, sentence
21the defendant to complete the First Time Weapon Offense
22Program. When a defendant is placed in the Program, the court
23shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition
25alleging violation of a term or condition of the Program. A
26disposition of probation is considered to be a conviction for

 

 

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1the purposes of imposing the conditions of probation and for
2appeal, however, a sentence under this Section is not a
3conviction for purposes of this Act or for purposes of
4disqualifications or disabilities imposed by law upon
5conviction of a crime unless and until judgment is entered.
6Upon violation of a term or condition of the Program, the court
7may enter a judgment on its original finding of guilt and
8proceed as otherwise provided by law. Upon fulfillment of the
9terms and conditions of the Program, the court shall discharge
10the person and dismiss the proceedings against the person.
11    (d) The Program shall be at least 6 months and not to
12exceed 24 months, as determined by the court at the
13recommendation of the Program administrator and the State's
14Attorney. The Program administrator may be appointed by the
15Chief Judge of each Judicial Circuit.
16    (e) The conditions of the Program shall be that the
17defendant:
18        (1) not violate any criminal statute of this State or
19    any other jurisdiction;
20        (2) refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) (blank);
23        (4) (blank);
24        (5) (blank);
25        (6) (blank);
26        (7) attend and participate in any Program activities

 

 

HB5285- 22 -LRB103 37363 RLC 67484 b

1    deemed required by the Program administrator, such as:
2    counseling sessions, in-person and over the phone
3    check-ins, and educational classes; and
4        (8) (blank).
5    (f) The Program may, in addition to other conditions,
6require that the defendant:
7        (1) obtain or attempt to obtain employment;
8        (2) attend educational courses designed to prepare the
9    defendant for obtaining a high school diploma or to work
10    toward passing high school equivalency testing or to work
11    toward completing a vocational training program;
12        (3) refrain from having in his or her body the
13    presence of any illicit drug prohibited by the
14    Methamphetamine Control and Community Protection Act or
15    the Illinois Controlled Substances Act, unless prescribed
16    by a physician, and submit samples of his or her blood or
17    urine or both for tests to determine the presence of any
18    illicit drug;
19        (4) perform community service;
20        (5) pay all fines, assessments, fees, and costs; and
21        (6) comply with such other reasonable conditions as
22    the court may impose.
23    (g) There may be only one discharge and dismissal under
24this Section. If a person is convicted of any offense which
25occurred within 5 years subsequent to a discharge and
26dismissal under this Section, the discharge and dismissal

 

 

HB5285- 23 -LRB103 37363 RLC 67484 b

1under this Section shall be admissible in the sentencing
2proceeding for that conviction as evidence in aggravation.
3    (h) For purposes of this Section, "violent offense" means
4any offense in which bodily harm was inflicted or force was
5used against any person or threatened against any person; any
6offense involving the possession of a firearm or dangerous
7weapon; any offense involving sexual conduct, sexual
8penetration, or sexual exploitation; violation of an order of
9protection, stalking, hate crime, domestic battery, or any
10offense of domestic violence.
11    (i) (Blank).
12(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;
13103-370, eff. 7-28-23.)