Illinois General Assembly - Full Text of HB3168
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Full Text of HB3168  101st General Assembly

HB3168ham001 101ST GENERAL ASSEMBLY

Rep. Terri Bryant

Filed: 4/4/2019

 

 


 

 


 
10100HB3168ham001LRB101 08304 SLF 59099 a

1
AMENDMENT TO HOUSE BILL 3168

2    AMENDMENT NO. ______. Amend House Bill 3168 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-3-2 and 5-4-1 as follows:
 
6    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
7    Sec. 5-3-2. Presentence Report.
8    (a) In felony cases, the presentence report shall set
9forth:
10        (1) the defendant's history of delinquency or
11    criminality, physical and mental history and condition,
12    family situation and background, economic status,
13    education, occupation and personal habits;
14        (2) information about special resources within the
15    community which might be available to assist the
16    defendant's rehabilitation, including treatment centers,

 

 

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1    residential facilities, vocational training services,
2    correctional manpower programs, employment opportunities,
3    special educational programs, alcohol and drug abuse
4    programming, psychiatric and marriage counseling, and
5    other programs and facilities which could aid the
6    defendant's successful reintegration into society;
7        (3) the effect the offense committed has had upon the
8    victim or victims thereof, and any compensatory benefit
9    that various sentencing alternatives would confer on such
10    victim or victims;
11        (3.5) information provided by the victim's spouse,
12    guardian, parent, grandparent, and other immediate family
13    and household members about the effect the offense
14    committed has had on the victim and on the person providing
15    the information; if the victim's spouse, guardian, parent,
16    grandparent, or other immediate family or household member
17    has provided a written statement, the statement shall be
18    attached to the report;
19        (4) information concerning the defendant's status
20    since arrest, including his record if released on his own
21    recognizance, or the defendant's achievement record if
22    released on a conditional pre-trial supervision program;
23        (5) when appropriate, a plan, based upon the personal,
24    economic and social adjustment needs of the defendant,
25    utilizing public and private community resources as an
26    alternative to institutional sentencing;

 

 

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1        (6) any other matters that the investigatory officer
2    deems relevant or the court directs to be included; and
3        (7) information concerning defendant's eligibility for
4    a sentence to a county impact incarceration program under
5    Section 5-8-1.2 of this Code; and .
6        (8) information concerning defendant's eligibility for
7    a sentence to an impact incarceration program administered
8    by the Department under Section 5-8-1.1.
9    (b) The investigation shall include a physical and mental
10examination of the defendant when so ordered by the court. If
11the court determines that such an examination should be made,
12it shall issue an order that the defendant submit to
13examination at such time and place as designated by the court
14and that such examination be conducted by a physician,
15psychologist or psychiatrist designated by the court. Such an
16examination may be conducted in a court clinic if so ordered by
17the court. The cost of such examination shall be paid by the
18county in which the trial is held.
19    (b-5) In cases involving felony sex offenses in which the
20offender is being considered for probation only or any felony
21offense that is sexually motivated as defined in the Sex
22Offender Management Board Act in which the offender is being
23considered for probation only, the investigation shall include
24a sex offender evaluation by an evaluator approved by the Board
25and conducted in conformance with the standards developed under
26the Sex Offender Management Board Act. In cases in which the

 

 

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1offender is being considered for any mandatory prison sentence,
2the investigation shall not include a sex offender evaluation.
3    (c) In misdemeanor, business offense or petty offense
4cases, except as specified in subsection (d) of this Section,
5when a presentence report has been ordered by the court, such
6presentence report shall contain information on the
7defendant's history of delinquency or criminality and shall
8further contain only those matters listed in any of paragraphs
9(1) through (6) of subsection (a) or in subsection (b) of this
10Section as are specified by the court in its order for the
11report.
12    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
1312-30 of the Criminal Code of 1961 or the Criminal Code of
142012, the presentence report shall set forth information about
15alcohol, drug abuse, psychiatric, and marriage counseling or
16other treatment programs and facilities, information on the
17defendant's history of delinquency or criminality, and shall
18contain those additional matters listed in any of paragraphs
19(1) through (6) of subsection (a) or in subsection (b) of this
20Section as are specified by the court.
21    (e) Nothing in this Section shall cause the defendant to be
22held without bail or to have his bail revoked for the purpose
23of preparing the presentence report or making an examination.
24(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2598-372, eff. 1-1-14.)
 

 

 

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1    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
2    Sec. 5-4-1. Sentencing hearing.
3    (a) Except when the death penalty is sought under hearing
4procedures otherwise specified, after a determination of
5guilt, a hearing shall be held to impose the sentence. However,
6prior to the imposition of sentence on an individual being
7sentenced for an offense based upon a charge for a violation of
8Section 11-501 of the Illinois Vehicle Code or a similar
9provision of a local ordinance, the individual must undergo a
10professional evaluation to determine if an alcohol or other
11drug abuse problem exists and the extent of such a problem.
12Programs conducting these evaluations shall be licensed by the
13Department of Human Services. However, if the individual is not
14a resident of Illinois, the court may, in its discretion,
15accept an evaluation from a program in the state of such
16individual's residence. The court shall make a specific finding
17about whether the defendant is eligible for participation in a
18Department impact incarceration program as provided in Section
195-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
20why a sentence to impact incarceration is not an appropriate
21sentence may in its sentencing order approve an eligible
22defendant for placement in a Department of Corrections impact
23incarceration program as provided in Section 5-8-1.1 or
245-8-1.3. The court may in its sentencing order recommend a
25defendant for placement in a Department of Corrections
26substance abuse treatment program as provided in paragraph (a)

 

 

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1of subsection (1) of Section 3-2-2 conditioned upon the
2defendant being accepted in a program by the Department of
3Corrections. At the hearing the court shall:
4        (1) consider the evidence, if any, received upon the
5    trial;
6        (2) consider any presentence reports;
7        (3) consider the financial impact of incarceration
8    based on the financial impact statement filed with the
9    clerk of the court by the Department of Corrections;
10        (4) consider evidence and information offered by the
11    parties in aggravation and mitigation;
12        (4.5) consider substance abuse treatment, eligibility
13    screening, and an assessment, if any, of the defendant by
14    an agent designated by the State of Illinois to provide
15    assessment services for the Illinois courts;
16        (5) hear arguments as to sentencing alternatives;
17        (6) afford the defendant the opportunity to make a
18    statement in his own behalf;
19        (7) afford the victim of a violent crime or a violation
20    of Section 11-501 of the Illinois Vehicle Code, or a
21    similar provision of a local ordinance, the opportunity to
22    present an oral or written statement, as guaranteed by
23    Article I, Section 8.1 of the Illinois Constitution and
24    provided in Section 6 of the Rights of Crime Victims and
25    Witnesses Act. The court shall allow a victim to make an
26    oral statement if the victim is present in the courtroom

 

 

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1    and requests to make an oral or written statement. An oral
2    or written statement includes the victim or a
3    representative of the victim reading the written
4    statement. The court may allow persons impacted by the
5    crime who are not victims under subsection (a) of Section 3
6    of the Rights of Crime Victims and Witnesses Act to present
7    an oral or written statement. A victim and any person
8    making an oral statement shall not be put under oath or
9    subject to cross-examination. All statements offered under
10    this paragraph (7) shall become part of the record of the
11    court. In this paragraph (7), "victim of a violent crime"
12    means a person who is a victim of a violent crime for which
13    the defendant has been convicted after a bench or jury
14    trial or a person who is the victim of a violent crime with
15    which the defendant was charged and the defendant has been
16    convicted under a plea agreement of a crime that is not a
17    violent crime as defined in subsection (c) of 3 of the
18    Rights of Crime Victims and Witnesses Act;
19        (7.5) afford a qualified person affected by: (i) a
20    violation of Section 405, 405.1, 405.2, or 407 of the
21    Illinois Controlled Substances Act or a violation of
22    Section 55 or Section 65 of the Methamphetamine Control and
23    Community Protection Act; or (ii) a Class 4 felony
24    violation of Section 11-14, 11-14.3 except as described in
25    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
26    11-18.1, or 11-19 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012, committed by the defendant the
2    opportunity to make a statement concerning the impact on
3    the qualified person and to offer evidence in aggravation
4    or mitigation; provided that the statement and evidence
5    offered in aggravation or mitigation shall first be
6    prepared in writing in conjunction with the State's
7    Attorney before it may be presented orally at the hearing.
8    Sworn testimony offered by the qualified person is subject
9    to the defendant's right to cross-examine. All statements
10    and evidence offered under this paragraph (7.5) shall
11    become part of the record of the court. In this paragraph
12    (7.5), "qualified person" means any person who: (i) lived
13    or worked within the territorial jurisdiction where the
14    offense took place when the offense took place; or (ii) is
15    familiar with various public places within the territorial
16    jurisdiction where the offense took place when the offense
17    took place. "Qualified person" includes any peace officer
18    or any member of any duly organized State, county, or
19    municipal peace officer unit assigned to the territorial
20    jurisdiction where the offense took place when the offense
21    took place;
22        (8) in cases of reckless homicide afford the victim's
23    spouse, guardians, parents or other immediate family
24    members an opportunity to make oral statements;
25        (9) in cases involving a felony sex offense as defined
26    under the Sex Offender Management Board Act, consider the

 

 

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1    results of the sex offender evaluation conducted pursuant
2    to Section 5-3-2 of this Act; and
3        (10) make a finding of whether a motor vehicle was used
4    in the commission of the offense for which the defendant is
5    being sentenced.
6    (b) All sentences shall be imposed by the judge based upon
7his independent assessment of the elements specified above and
8any agreement as to sentence reached by the parties. The judge
9who presided at the trial or the judge who accepted the plea of
10guilty shall impose the sentence unless he is no longer sitting
11as a judge in that court. Where the judge does not impose
12sentence at the same time on all defendants who are convicted
13as a result of being involved in the same offense, the
14defendant or the State's Attorney may advise the sentencing
15court of the disposition of any other defendants who have been
16sentenced.
17    (b-1) In imposing a sentence of imprisonment or periodic
18imprisonment for a Class 3 or Class 4 felony for which a
19sentence of probation or conditional discharge is an available
20sentence, if the defendant has no prior sentence of probation
21or conditional discharge and no prior conviction for a violent
22crime, the defendant shall not be sentenced to imprisonment
23before review and consideration of a presentence report and
24determination and explanation of why the particular evidence,
25information, factor in aggravation, factual finding, or other
26reasons support a sentencing determination that one or more of

 

 

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1the factors under subsection (a) of Section 5-6-1 of this Code
2apply and that probation or conditional discharge is not an
3appropriate sentence.
4    (c) In imposing a sentence for a violent crime or for an
5offense of operating or being in physical control of a vehicle
6while under the influence of alcohol, any other drug or any
7combination thereof, or a similar provision of a local
8ordinance, when such offense resulted in the personal injury to
9someone other than the defendant, the trial judge shall specify
10on the record the particular evidence, information, factors in
11mitigation and aggravation or other reasons that led to his
12sentencing determination. The full verbatim record of the
13sentencing hearing shall be filed with the clerk of the court
14and shall be a public record.
15    (c-1) In imposing a sentence for the offense of aggravated
16kidnapping for ransom, home invasion, armed robbery,
17aggravated vehicular hijacking, aggravated discharge of a
18firearm, or armed violence with a category I weapon or category
19II weapon, the trial judge shall make a finding as to whether
20the conduct leading to conviction for the offense resulted in
21great bodily harm to a victim, and shall enter that finding and
22the basis for that finding in the record.
23    (c-2) If the defendant is sentenced to prison, other than
24when a sentence of natural life imprisonment or a sentence of
25death is imposed, at the time the sentence is imposed the judge
26shall state on the record in open court the approximate period

 

 

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1of time the defendant will serve in custody according to the
2then current statutory rules and regulations for sentence
3credit found in Section 3-6-3 and other related provisions of
4this Code. This statement is intended solely to inform the
5public, has no legal effect on the defendant's actual release,
6and may not be relied on by the defendant on appeal.
7    The judge's statement, to be given after pronouncing the
8sentence, other than when the sentence is imposed for one of
9the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
10shall include the following:
11    "The purpose of this statement is to inform the public of
12the actual period of time this defendant is likely to spend in
13prison as a result of this sentence. The actual period of
14prison time served is determined by the statutes of Illinois as
15applied to this sentence by the Illinois Department of
16Corrections and the Illinois Prisoner Review Board. In this
17case, assuming the defendant receives all of his or her
18sentence credit, the period of estimated actual custody is ...
19years and ... months, less up to 180 days additional earned
20sentence credit. If the defendant, because of his or her own
21misconduct or failure to comply with the institutional
22regulations, does not receive those credits, the actual time
23served in prison will be longer. The defendant may also receive
24an additional one-half day sentence credit for each day of
25participation in vocational, industry, substance abuse, and
26educational programs as provided for by Illinois statute."

 

 

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1    When the sentence is imposed for one of the offenses
2enumerated in paragraph (a)(2) of Section 3-6-3, other than
3first degree murder, and the offense was committed on or after
4June 19, 1998, and when the sentence is imposed for reckless
5homicide as defined in subsection (e) of Section 9-3 of the
6Criminal Code of 1961 or the Criminal Code of 2012 if the
7offense was committed on or after January 1, 1999, and when the
8sentence is imposed for aggravated driving under the influence
9of alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof as defined in
11subparagraph (F) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code, and when the sentence is
13imposed for aggravated arson if the offense was committed on or
14after July 27, 2001 (the effective date of Public Act 92-176),
15and when the sentence is imposed for aggravated driving under
16the influence of alcohol, other drug or drugs, or intoxicating
17compound or compounds, or any combination thereof as defined in
18subparagraph (C) of paragraph (1) of subsection (d) of Section
1911-501 of the Illinois Vehicle Code committed on or after
20January 1, 2011 (the effective date of Public Act 96-1230), the
21judge's statement, to be given after pronouncing the sentence,
22shall include the following:
23    "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

 

 

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1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant is entitled to no more than 4 1/2 days of
4sentence credit for each month of his or her sentence of
5imprisonment. Therefore, this defendant will serve at least 85%
6of his or her sentence. Assuming the defendant receives 4 1/2
7days credit for each month of his or her sentence, the period
8of estimated actual custody is ... years and ... months. If the
9defendant, because of his or her own misconduct or failure to
10comply with the institutional regulations receives lesser
11credit, the actual time served in prison will be longer."
12    When a sentence of imprisonment is imposed for first degree
13murder and the offense was committed on or after June 19, 1998,
14the judge's statement, to be given after pronouncing the
15sentence, shall include the following:
16    "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois as
20applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, the defendant is not entitled to sentence credit.
23Therefore, this defendant will serve 100% of his or her
24sentence."
25    When the sentencing order recommends placement in a
26substance abuse program for any offense that results in

 

 

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1incarceration in a Department of Corrections facility and the
2crime was committed on or after September 1, 2003 (the
3effective date of Public Act 93-354), the judge's statement, in
4addition to any other judge's statement required under this
5Section, to be given after pronouncing the sentence, shall
6include the following:
7    "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois as
11applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, the defendant shall receive no earned sentence credit
14under clause (3) of subsection (a) of Section 3-6-3 until he or
15she participates in and completes a substance abuse treatment
16program or receives a waiver from the Director of Corrections
17pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
18    (c-4) Before the sentencing hearing and as part of the
19presentence investigation under Section 5-3-1, the court shall
20inquire of the defendant whether the defendant is currently
21serving in or is a veteran of the Armed Forces of the United
22States. If the defendant is currently serving in the Armed
23Forces of the United States or is a veteran of the Armed Forces
24of the United States and has been diagnosed as having a mental
25illness by a qualified psychiatrist or clinical psychologist or
26physician, the court may:

 

 

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1        (1) order that the officer preparing the presentence
2    report consult with the United States Department of
3    Veterans Affairs, Illinois Department of Veterans'
4    Affairs, or another agency or person with suitable
5    knowledge or experience for the purpose of providing the
6    court with information regarding treatment options
7    available to the defendant, including federal, State, and
8    local programming; and
9        (2) consider the treatment recommendations of any
10    diagnosing or treating mental health professionals
11    together with the treatment options available to the
12    defendant in imposing sentence.
13    For the purposes of this subsection (c-4), "qualified
14psychiatrist" means a reputable physician licensed in Illinois
15to practice medicine in all its branches, who has specialized
16in the diagnosis and treatment of mental and nervous disorders
17for a period of not less than 5 years.
18    (c-6) In imposing a sentence, the trial judge shall
19specify, on the record, the particular evidence and other
20reasons which led to his or her determination that a motor
21vehicle was used in the commission of the offense.
22    (d) When the defendant is committed to the Department of
23Corrections, the State's Attorney shall and counsel for the
24defendant may file a statement with the clerk of the court to
25be transmitted to the department, agency or institution to
26which the defendant is committed to furnish such department,

 

 

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1agency or institution with the facts and circumstances of the
2offense for which the person was committed together with all
3other factual information accessible to them in regard to the
4person prior to his commitment relative to his habits,
5associates, disposition and reputation and any other facts and
6circumstances which may aid such department, agency or
7institution during its custody of such person. The clerk shall
8within 10 days after receiving any such statements transmit a
9copy to such department, agency or institution and a copy to
10the other party, provided, however, that this shall not be
11cause for delay in conveying the person to the department,
12agency or institution to which he has been committed.
13    (e) The clerk of the court shall transmit to the
14department, agency or institution, if any, to which the
15defendant is committed, the following:
16        (1) the sentence imposed;
17        (2) any statement by the court of the basis for
18    imposing the sentence;
19        (3) any presentence reports;
20        (3.5) any sex offender evaluations;
21        (3.6) any substance abuse treatment eligibility
22    screening and assessment of the defendant by an agent
23    designated by the State of Illinois to provide assessment
24    services for the Illinois courts;
25        (4) the number of days, if any, which the defendant has
26    been in custody and for which he is entitled to credit

 

 

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1    against the sentence, which information shall be provided
2    to the clerk by the sheriff;
3        (4.1) any finding of great bodily harm made by the
4    court with respect to an offense enumerated in subsection
5    (c-1);
6        (5) all statements filed under subsection (d) of this
7    Section;
8        (6) any medical or mental health records or summaries
9    of the defendant;
10        (7) the municipality where the arrest of the offender
11    or the commission of the offense has occurred, where such
12    municipality has a population of more than 25,000 persons;
13        (8) all statements made and evidence offered under
14    paragraph (7) of subsection (a) of this Section; and
15        (9) all additional matters which the court directs the
16    clerk to transmit.
17    (f) In cases in which the court finds that a motor vehicle
18was used in the commission of the offense for which the
19defendant is being sentenced, the clerk of the court shall,
20within 5 days thereafter, forward a report of such conviction
21to the Secretary of State.
22(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
23100-961, eff. 1-1-19; revised 10-3-18.)".