HB6037 EnrolledLRB099 15400 RLC 39676 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 Section 5-5-3.1 as follows:
6    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
7    Sec. 5-5-3.1. Factors in Mitigation.
8    (a) The following grounds shall be accorded weight in favor
9of withholding or minimizing a sentence of imprisonment:
10        (1) The defendant's criminal conduct neither caused
11    nor threatened serious physical harm to another.
12        (2) The defendant did not contemplate that his criminal
13    conduct would cause or threaten serious physical harm to
14    another.
15        (3) The defendant acted under a strong provocation.
16        (4) There were substantial grounds tending to excuse or
17    justify the defendant's criminal conduct, though failing
18    to establish a defense.
19        (5) The defendant's criminal conduct was induced or
20    facilitated by someone other than the defendant.
21        (6) The defendant has compensated or will compensate
22    the victim of his criminal conduct for the damage or injury
23    that he sustained.



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1        (7) The defendant has no history of prior delinquency
2    or criminal activity or has led a law-abiding life for a
3    substantial period of time before the commission of the
4    present crime.
5        (8) The defendant's criminal conduct was the result of
6    circumstances unlikely to recur.
7        (9) The character and attitudes of the defendant
8    indicate that he is unlikely to commit another crime.
9        (10) The defendant is particularly likely to comply
10    with the terms of a period of probation.
11        (11) The imprisonment of the defendant would entail
12    excessive hardship to his dependents.
13        (12) The imprisonment of the defendant would endanger
14    his or her medical condition.
15        (13) The defendant was a person with an intellectual
16    disability as defined in Section 5-1-13 of this Code.
17        (14) The defendant sought or obtained emergency
18    medical assistance for an overdose and was convicted of a
19    Class 3 felony or higher possession, manufacture, or
20    delivery of a controlled, counterfeit, or look-alike
21    substance or a controlled substance analog under the
22    Illinois Controlled Substances Act or a Class 2 felony or
23    higher possession, manufacture or delivery of
24    methamphetamine under the Methamphetamine Control and
25    Community Protection Act.
26        (15) At the time of the offense, the defendant is or



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1    had been the victim of domestic violence and the effects of
2    the domestic violence tended to excuse or justify the
3    defendant's criminal conduct. As used in this paragraph
4    (15), "domestic violence" means abuse as defined in Section
5    103 of the Illinois Domestic Violence Act of 1986.
6        (16) At the time of the offense, the defendant was
7    suffering from a serious mental illness which, though
8    insufficient to establish the defense of insanity,
9    substantially affected his or her ability to understand the
10    nature of his or her acts or to conform his or her conduct
11    to the requirements of the law.
12    (b) If the court, having due regard for the character of
13the offender, the nature and circumstances of the offense and
14the public interest finds that a sentence of imprisonment is
15the most appropriate disposition of the offender, or where
16other provisions of this Code mandate the imprisonment of the
17offender, the grounds listed in paragraph (a) of this
18subsection shall be considered as factors in mitigation of the
19term imposed.
20(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
2199-384, eff. 1-1-16; revised 10-16-15.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.