99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0430

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-52 new

    Amends the Unified Code of Corrections. Provides that a defendant who has been convicted of a non-violent offense which is classified as a Class 3 felony or a Class 4 felony and who has not been previously convicted of a felony or misdemeanor may petition the court to be sentenced to a Class A misdemeanor. Provides that the court may grant the motion after considering the circumstances of the offense, and the history, character, and condition of the offender, and if the court is of the opinion that: (1) the defendant is not likely to commit further crimes; (2) the defendant and the public would be best served if the defendant were not to receive a felony sentence; and (3) in the best interests of justice a sentence of a Class A misdemeanor is more appropriate than a sentence for a Class 3 felony or a Class 4 felony. Provides that if the court grants the motion, the court shall sentence the defendant to a Class A misdemeanor. Provides that this sentencing provision may occur only once with respect to any person. Defines "non-violent offense".


LRB099 00219 RLC 20229 b

 

 

A BILL FOR

 

HB0430LRB099 00219 RLC 20229 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 Unified Code of Corrections is amended by
5changing Sections 5-4.5-40 and 5-4.5-45 and by adding Section
65-4.5-52 as follows:
 
7    (730 ILCS 5/5-4.5-40)
8    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. Except as
9provided in Section 5-4.5-52, for For a Class 3 felony:
10    (a) TERM. The sentence of imprisonment shall be a
11determinate sentence of not less than 2 years and not more than
125 years. The sentence of imprisonment for an extended term
13Class 3 felony, as provided in Section 5-8-2 (730 ILCS
145/5-8-2), shall be a term not less than 5 years and not more
15than 10 years.
16    (b) PERIODIC IMPRISONMENT. A sentence of periodic
17imprisonment shall be for a definite term of up to 18 months,
18except as otherwise provided in Section 5-5-3 or 5-7-1 (730
19ILCS 5/5-5-3 or 5/5-7-1).
20    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
21(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
22the impact incarceration program or the county impact
23incarceration program.

 

 

HB0430- 2 -LRB099 00219 RLC 20229 b

1    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
2in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
3period of probation or conditional discharge shall not exceed
430 months. The court shall specify the conditions of probation
5or conditional discharge as set forth in Section 5-6-3 (730
6ILCS 5/5-6-3).
7    (e) FINE. Fines may be imposed as provided in Section
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
9    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
10concerning restitution.
11    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
12be concurrent or consecutive as provided in Section 5-8-4 (730
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
14    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
15Act (730 ILCS 166/20) concerning eligibility for a drug court
16program.
17    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
18ILCS 5/5-4.5-100) concerning credit for time spent in home
19detention prior to judgment.
20    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
21ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
22(730 ILCS 130/) for rules and regulations for sentence credit.
23    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
245/5-8A-3) concerning eligibility for electronic home
25detention.
26    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as

 

 

HB0430- 3 -LRB099 00219 RLC 20229 b

1provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
25/5-8-1), the parole or mandatory supervised release term shall
3be one year upon release from imprisonment.
4(Source: P.A. 97-697, eff. 6-22-12.)
 
5    (730 ILCS 5/5-4.5-45)
6    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. Except as
7provided in Section 5-4.5-52, for For a Class 4 felony:
8    (a) TERM. The sentence of imprisonment shall be a
9determinate sentence of not less than one year and not more
10than 3 years. The sentence of imprisonment for an extended term
11Class 4 felony, as provided in Section 5-8-2 (730 ILCS
125/5-8-2), shall be a term not less than 3 years and not more
13than 6 years.
14    (b) PERIODIC IMPRISONMENT. A sentence of periodic
15imprisonment shall be for a definite term of up to 18 months,
16except as otherwise provided in Section 5-5-3 or 5-7-1 (730
17ILCS 5/5-5-3 or 5/5-7-1).
18    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
19(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
20the impact incarceration program or the county impact
21incarceration program.
22    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
23in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
24period of probation or conditional discharge shall not exceed
2530 months. The court shall specify the conditions of probation

 

 

HB0430- 4 -LRB099 00219 RLC 20229 b

1or conditional discharge as set forth in Section 5-6-3 (730
2ILCS 5/5-6-3).
3    (e) FINE. Fines may be imposed as provided in Section
45-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
5    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
6concerning restitution.
7    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
8be concurrent or consecutive as provided in Section 5-8-4 (730
9ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
10    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
11Act (730 ILCS 166/20) concerning eligibility for a drug court
12program.
13    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
14ILCS 5/5-4.5-100) concerning credit for time spent in home
15detention prior to judgment.
16    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
17ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
18(730 ILCS 130/) for rules and regulations for sentence credit.
19    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
205/5-8A-3) concerning eligibility for electronic home
21detention.
22    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
23provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
245/5-8-1), the parole or mandatory supervised release term shall
25be one year upon release from imprisonment.
26(Source: P.A. 97-697, eff. 6-22-12.)
 

 

 

HB0430- 5 -LRB099 00219 RLC 20229 b

1    (730 ILCS 5/5-4.5-52 new)
2    Sec. 5-4.5-52. SENTENCE PROVISIONS; NON-VIOLENT CLASS 3
3AND 4 FELONIES.
4    (a) In this Section, "non-violent offense" means an offense
5that is not a crime of violence as defined in Section 3 of the
6Rights of Crime Victims and Witnesses Act.
7    (b) A defendant who has been convicted of a non-violent
8offense which is classified as a Class 3 felony or a Class 4
9felony and who has not been previously convicted of a felony or
10misdemeanor may petition the court to be sentenced to a Class A
11misdemeanor. The court may grant the motion after considering
12the circumstances of the offense, and the history, character,
13and condition of the offender, and if the court is of the
14opinion that:
15        (1) the defendant is not likely to commit further
16    crimes;
17        (2) the defendant and the public would be best served
18    if the defendant were not to receive a felony sentence; and
19        (3) in the best interests of justice a sentence of a
20    Class A misdemeanor is more appropriate than a sentence for
21    a Class 3 felony or a Class 4 felony.
22    (c) If the court grants the motion, the court shall
23sentence the defendant to a Class A misdemeanor with penalties
24as provided in Section 5-4.5-55 of this Code.
25    (d) The sentencing provision under this Section may occur

 

 

HB0430- 6 -LRB099 00219 RLC 20229 b

1only once with respect to any person.