Illinois General Assembly - Full Text of SB1761
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Full Text of SB1761  102nd General Assembly

SB1761 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1761

 

Introduced 2/26/2021, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.


LRB102 14299 RLC 19651 b

 

 

A BILL FOR

 

SB1761LRB102 14299 RLC 19651 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 1. Short title. This Act may be cited as the Gun
5Crime Charging and Sentencing Accountability and Transparency
6Act.
 
7    Section 5. Plea agreement; State's Attorney. In a criminal
8case, if a defendant is charged with an offense involving the
9illegal use or possession of a firearm and subsequently enters
10into a plea agreement in which the charge will be reduced to a
11lesser offense or a non-weapons offense in exchange for a plea
12of guilty, at or before the time of sentencing, the State's
13Attorney shall file with the court a written statement of his
14or her reasons in support of the plea agreement, which shall
15specifically state why the offense or offenses of conviction
16resulting from the plea agreement do not include the
17originally charged weapons offense. The written statement
18shall be part of the court record in the case and a copy shall
19be provided to any person upon request.
 
20    Section 10. Sentencing; judge. In a criminal case in which
21the original charge is or was for an offense involving the
22illegal use or possession of a firearm, if a defendant pleads

 

 

SB1761- 2 -LRB102 14299 RLC 19651 b

1guilty or is found guilty of the original charge or lesser
2offense or a non-weapons offense, in imposing sentence, the
3judge shall set forth in a written sentencing order his or her
4reasons for imposing the sentence or accepting the plea
5agreement. A copy of the written sentencing order shall be
6provided to any person upon request.