Full Text of HB6037 99th General Assembly
HB6037 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Pamela Reaves-Harris
SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3.1
from Ch. 38, par. 1005-5-3.1
Amends the Unified Code of Corrections. Provides that the following
ground shall be accorded weight in favor of withholding or
sentence of imprisonment that at the time of the offense, the defendant was
suffering from a serious mental illness which, though insufficient to
establish the defense of insanity, substantially affected his or her
ability to understand the nature of his or her acts or to conform his or her
conduct to the requirements of the law. Effective immediately.
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:
(730 ILCS 5/5-5-3.1)
(from Ch. 38, par. 1005-5-3.1)
Factors in Mitigation.
(a) The following
grounds shall be accorded weight in favor
of withholding or
minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
threatened serious physical harm to another.
(2) The defendant did not contemplate that his criminal
cause or threaten serious physical harm to
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
the defendant's criminal conduct, though failing
to establish a
(5) The defendant's criminal conduct was induced or
by someone other than the defendant.
(6) The defendant has compensated or will compensate
of his criminal conduct for the damage or injury
that he sustained.
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(7) The defendant has no history of prior delinquency
criminal activity or has led a law-abiding life for a
period of time before the commission of the
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is
unlikely to commit another crime.
(10) The defendant is particularly likely to comply
with the terms of
a period of probation.
(11) The imprisonment of the defendant would entail
hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical
(13) The defendant was a person with an intellectual
disability as defined in Section 5-1-13 of
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(15) At the time of the offense, the defendant is or
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had been the victim of domestic violence and the effects of
the domestic violence tended to excuse or justify the
defendant's criminal conduct. As used in this paragraph
(15), "domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
(16) At the time of the offense, the defendant was
suffering from a serious mental illness which, though
insufficient to establish the defense of insanity,
substantially affected his or her ability to understand the
nature of his or her acts or to conform his or her conduct
to the requirements of the law.
(b) If the court, having due regard for the character of
offender, the nature and circumstances of the offense and
public interest finds that a sentence of imprisonment is
most appropriate disposition of the offender, or where
provisions of this Code mandate the imprisonment of the
the grounds listed in paragraph (a) of this
subsection shall be
considered as factors in mitigation of the
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
99-384, eff. 1-1-16; revised 10-16-15.)
This Act takes effect upon