Illinois General Assembly - Full Text of HB2989
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Full Text of HB2989  102nd General Assembly

HB2989ham001 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/19/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2989

2    AMENDMENT NO. ______. Amend House Bill 2989 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4-1 as follows:
 
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence.
11However, prior to the imposition of sentence on an individual
12being sentenced for an offense based upon a charge for a
13violation of Section 11-501 of the Illinois Vehicle Code or a
14similar provision of a local ordinance, the individual must
15undergo a professional evaluation to determine if an alcohol
16or other drug abuse problem exists and the extent of such a

 

 

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1problem. Programs conducting these evaluations shall be
2licensed by the Department of Human Services. However, if the
3individual is not a resident of Illinois, the court may, in its
4discretion, accept an evaluation from a program in the state
5of such individual's residence. The court shall make a
6specific finding about whether the defendant is eligible for
7participation in a Department impact incarceration program as
8provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
9explanation as to why a sentence to impact incarceration is
10not an appropriate sentence. The court may in its sentencing
11order recommend a defendant for placement in a Department of
12Corrections substance abuse treatment program as provided in
13paragraph (a) of subsection (1) of Section 3-2-2 conditioned
14upon the defendant being accepted in a program by the
15Department of Corrections. At the hearing the court shall:
16        (1) consider the evidence, if any, received upon the
17    trial;
18        (2) consider any presentence reports;
19        (3) consider the financial impact of incarceration
20    based on the financial impact statement filed with the
21    clerk of the court by the Department of Corrections;
22        (4) consider evidence and information offered by the
23    parties in aggravation and mitigation;
24        (4.5) consider substance abuse treatment, eligibility
25    screening, and an assessment, if any, of the defendant by
26    an agent designated by the State of Illinois to provide

 

 

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1    assessment services for the Illinois courts;
2        (5) hear arguments as to sentencing alternatives;
3        (6) afford the defendant the opportunity to make a
4    statement in his own behalf;
5        (7) afford the victim of a violent crime or a
6    violation of Section 11-501 of the Illinois Vehicle Code,
7    or a similar provision of a local ordinance, the
8    opportunity to present an oral or written statement, as
9    guaranteed by Article I, Section 8.1 of the Illinois
10    Constitution and provided in Section 6 of the Rights of
11    Crime Victims and Witnesses Act. The court shall allow a
12    victim to make an oral statement if the victim is present
13    in the courtroom and requests to make an oral or written
14    statement. An oral or written statement includes the
15    victim or a representative of the victim reading the
16    written statement. The court may allow persons impacted by
17    the crime who are not victims under subsection (a) of
18    Section 3 of the Rights of Crime Victims and Witnesses Act
19    to present an oral or written statement. A victim and any
20    person making an oral statement shall not be put under
21    oath or subject to cross-examination. All statements
22    offered under this paragraph (7) shall become part of the
23    record of the court. In this paragraph (7), "victim of a
24    violent crime" means a person who is a victim of a violent
25    crime for which the defendant has been convicted after a
26    bench or jury trial or a person who is the victim of a

 

 

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1    violent crime with which the defendant was charged and the
2    defendant has been convicted under a plea agreement of a
3    crime that is not a violent crime as defined in subsection
4    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
5        (7.5) afford a qualified person affected by: (i) a
6    violation of Section 405, 405.1, 405.2, or 407 of the
7    Illinois Controlled Substances Act or a violation of
8    Section 55 or Section 65 of the Methamphetamine Control
9    and Community Protection Act; or (ii) a Class 4 felony
10    violation of Section 11-14, 11-14.3 except as described in
11    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
12    11-18.1, or 11-19 of the Criminal Code of 1961 or the
13    Criminal Code of 2012, committed by the defendant the
14    opportunity to make a statement concerning the impact on
15    the qualified person and to offer evidence in aggravation
16    or mitigation; provided that the statement and evidence
17    offered in aggravation or mitigation shall first be
18    prepared in writing in conjunction with the State's
19    Attorney before it may be presented orally at the hearing.
20    Sworn testimony offered by the qualified person is subject
21    to the defendant's right to cross-examine. All statements
22    and evidence offered under this paragraph (7.5) shall
23    become part of the record of the court. In this paragraph
24    (7.5), "qualified person" means any person who: (i) lived
25    or worked within the territorial jurisdiction where the
26    offense took place when the offense took place; or (ii) is

 

 

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1    familiar with various public places within the territorial
2    jurisdiction where the offense took place when the offense
3    took place. "Qualified person" includes any peace officer
4    or any member of any duly organized State, county, or
5    municipal peace officer unit assigned to the territorial
6    jurisdiction where the offense took place when the offense
7    took place;
8        (8) in cases of reckless homicide afford the victim's
9    spouse, guardians, parents or other immediate family
10    members an opportunity to make oral statements;
11        (9) in cases involving a felony sex offense as defined
12    under the Sex Offender Management Board Act, consider the
13    results of the sex offender evaluation conducted pursuant
14    to Section 5-3-2 of this Act; and
15        (10) make a finding of whether a motor vehicle was
16    used in the commission of the offense for which the
17    defendant is being sentenced.
18    (b) All sentences shall be imposed by the judge based upon
19his independent assessment of the elements specified above and
20any agreement as to sentence reached by the parties. The judge
21who presided at the trial or the judge who accepted the plea of
22guilty shall impose the sentence unless he is no longer
23sitting as a judge in that court. Where the judge does not
24impose sentence at the same time on all defendants who are
25convicted as a result of being involved in the same offense,
26the defendant or the State's Attorney may advise the

 

 

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1sentencing court of the disposition of any other defendants
2who have been sentenced.
3    (b-1) In imposing a sentence of imprisonment or periodic
4imprisonment for a Class 3 or Class 4 felony for which a
5sentence of probation or conditional discharge is an available
6sentence, if the defendant has no prior sentence of probation
7or conditional discharge and no prior conviction for a violent
8crime, the defendant shall not be sentenced to imprisonment
9before review and consideration of a presentence report and
10determination and explanation of why the particular evidence,
11information, factor in aggravation, factual finding, or other
12reasons support a sentencing determination that one or more of
13the factors under subsection (a) of Section 5-6-1 of this Code
14apply and that probation or conditional discharge is not an
15appropriate sentence.
16    (b-2) In imposing a sentence of imprisonment for a
17violation of the Criminal Code of 2012 Sections including 8-4,
189-1.2, 10-2, 11-1.40, 12-3.05, 18-2, 18-4, 19-6, and 33A-3,
19the court may, in its discretion, decline to impose or impose a
20term of years less than any otherwise applicable sentencing
21enhancement based upon firearm possession, possession with
22personal discharge, or possession with personal discharge that
23proximately causes great bodily harm, permanent disability,
24permanent disfigurement, or death to another person. In the
25exercise of this discretion the court shall consider, among
26all other relevant factors in aggravation and mitigation:

 

 

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1        (1) the person's degree of participation and specific
2    role in the offense, including the level of planning by
3    the person before the offense;
4        (2) whether the person is, in part or in full, being
5    held accountable for the actions of others;
6        (3) whether the person was subjected to outside
7    pressure or negative influences;
8        (4) the mental and emotional condition to the extent
9    that such condition mitigates the person's culpability or
10    to the extent that such condition is otherwise plainly
11    relevant;
12        (5) whether the person was under unusual and
13    substantial duress, regardless of whether the duress was
14    of such a degree as to constitute a defense to the charge;
15    and
16        (6) whether the person possessed the firearm in the
17    belief of a need for self-defense, regardless of whether
18    the belief was of such a degree as to constitute a defense
19    to the charge.
20    (c) In imposing a sentence for a violent crime or for an
21offense of operating or being in physical control of a vehicle
22while under the influence of alcohol, any other drug or any
23combination thereof, or a similar provision of a local
24ordinance, when such offense resulted in the personal injury
25to someone other than the defendant, the trial judge shall
26specify on the record the particular evidence, information,

 

 

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1factors in mitigation and aggravation or other reasons that
2led to his sentencing determination. The full verbatim record
3of the sentencing hearing shall be filed with the clerk of the
4court and shall be a public record.
5
6    (c-1) In imposing a sentence for the offense of aggravated
7kidnapping for ransom, home invasion, armed robbery,
8aggravated vehicular hijacking, aggravated discharge of a
9firearm, or armed violence with a category I weapon or
10category II weapon, the trial judge shall make a finding as to
11whether the conduct leading to conviction for the offense
12resulted in great bodily harm to a victim, and shall enter that
13finding and the basis for that finding in the record.
14    (c-2) If the defendant is sentenced to prison, other than
15when a sentence of natural life imprisonment or a sentence of
16death is imposed, at the time the sentence is imposed the judge
17shall state on the record in open court the approximate period
18of time the defendant will serve in custody according to the
19then current statutory rules and regulations for sentence
20credit found in Section 3-6-3 and other related provisions of
21this Code. This statement is intended solely to inform the
22public, has no legal effect on the defendant's actual release,
23and may not be relied on by the defendant on appeal.
24    The judge's statement, to be given after pronouncing the
25sentence, other than when the sentence is imposed for one of
26the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

 

 

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1shall include the following:
2    "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois
6as applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, assuming the defendant receives all of his or her
9sentence credit, the period of estimated actual custody is ...
10years and ... months, less up to 180 days additional earned
11sentence credit. If the defendant, because of his or her own
12misconduct or failure to comply with the institutional
13regulations, does not receive those credits, the actual time
14served in prison will be longer. The defendant may also
15receive an additional one-half day sentence credit for each
16day of participation in vocational, industry, substance abuse,
17and educational programs as provided for by Illinois statute."
18    When the sentence is imposed for one of the offenses
19enumerated in paragraph (a)(2) of Section 3-6-3, other than
20first degree murder, and the offense was committed on or after
21June 19, 1998, and when the sentence is imposed for reckless
22homicide as defined in subsection (e) of Section 9-3 of the
23Criminal Code of 1961 or the Criminal Code of 2012 if the
24offense was committed on or after January 1, 1999, and when the
25sentence is imposed for aggravated driving under the influence
26of alcohol, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof as defined in
2subparagraph (F) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code, and when the sentence is
4imposed for aggravated arson if the offense was committed on
5or after July 27, 2001 (the effective date of Public Act
692-176), and when the sentence is imposed for aggravated
7driving under the influence of alcohol, other drug or drugs,
8or intoxicating compound or compounds, or any combination
9thereof as defined in subparagraph (C) of paragraph (1) of
10subsection (d) of Section 11-501 of the Illinois Vehicle Code
11committed on or after January 1, 2011 (the effective date of
12Public Act 96-1230), the judge's statement, to be given after
13pronouncing the sentence, shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois
18as applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant is entitled to no more than 4 1/2 days of
21sentence credit for each month of his or her sentence of
22imprisonment. Therefore, this defendant will serve at least
2385% of his or her sentence. Assuming the defendant receives 4
241/2 days credit for each month of his or her sentence, the
25period of estimated actual custody is ... years and ...
26months. If the defendant, because of his or her own misconduct

 

 

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1or failure to comply with the institutional regulations
2receives lesser credit, the actual time served in prison will
3be longer."
4    When a sentence of imprisonment is imposed for first
5degree murder and the offense was committed on or after June
619, 1998, the judge's statement, to be given after pronouncing
7the sentence, shall include the following:
8    "The purpose of this statement is to inform the public of
9the actual period of time this defendant is likely to spend in
10prison as a result of this sentence. The actual period of
11prison time served is determined by the statutes of Illinois
12as applied to this sentence by the Illinois Department of
13Corrections and the Illinois Prisoner Review Board. In this
14case, the defendant is not entitled to sentence credit.
15Therefore, this defendant will serve 100% of his or her
16sentence."
17    When the sentencing order recommends placement in a
18substance abuse program for any offense that results in
19incarceration in a Department of Corrections facility and the
20crime was committed on or after September 1, 2003 (the
21effective date of Public Act 93-354), the judge's statement,
22in addition to any other judge's statement required under this
23Section, to be given after pronouncing the sentence, shall
24include the following:
25    "The purpose of this statement is to inform the public of
26the actual period of time this defendant is likely to spend in

 

 

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1prison as a result of this sentence. The actual period of
2prison time served is determined by the statutes of Illinois
3as applied to this sentence by the Illinois Department of
4Corrections and the Illinois Prisoner Review Board. In this
5case, the defendant shall receive no earned sentence credit
6under clause (3) of subsection (a) of Section 3-6-3 until he or
7she participates in and completes a substance abuse treatment
8program or receives a waiver from the Director of Corrections
9pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
10    (c-4) Before the sentencing hearing and as part of the
11presentence investigation under Section 5-3-1, the court shall
12inquire of the defendant whether the defendant is currently
13serving in or is a veteran of the Armed Forces of the United
14States. If the defendant is currently serving in the Armed
15Forces of the United States or is a veteran of the Armed Forces
16of the United States and has been diagnosed as having a mental
17illness by a qualified psychiatrist or clinical psychologist
18or physician, the court may:
19        (1) order that the officer preparing the presentence
20    report consult with the United States Department of
21    Veterans Affairs, Illinois Department of Veterans'
22    Affairs, or another agency or person with suitable
23    knowledge or experience for the purpose of providing the
24    court with information regarding treatment options
25    available to the defendant, including federal, State, and
26    local programming; and

 

 

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1        (2) consider the treatment recommendations of any
2    diagnosing or treating mental health professionals
3    together with the treatment options available to the
4    defendant in imposing sentence.
5    For the purposes of this subsection (c-4), "qualified
6psychiatrist" means a reputable physician licensed in Illinois
7to practice medicine in all its branches, who has specialized
8in the diagnosis and treatment of mental and nervous disorders
9for a period of not less than 5 years.
10    (c-6) In imposing a sentence, the trial judge shall
11specify, on the record, the particular evidence and other
12reasons which led to his or her determination that a motor
13vehicle was used in the commission of the offense.
14    (d) When the defendant is committed to the Department of
15Corrections, the State's Attorney shall and counsel for the
16defendant may file a statement with the clerk of the court to
17be transmitted to the department, agency or institution to
18which the defendant is committed to furnish such department,
19agency or institution with the facts and circumstances of the
20offense for which the person was committed together with all
21other factual information accessible to them in regard to the
22person prior to his commitment relative to his habits,
23associates, disposition and reputation and any other facts and
24circumstances which may aid such department, agency or
25institution during its custody of such person. The clerk shall
26within 10 days after receiving any such statements transmit a

 

 

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1copy to such department, agency or institution and a copy to
2the other party, provided, however, that this shall not be
3cause for delay in conveying the person to the department,
4agency or institution to which he has been committed.
5    (e) The clerk of the court shall transmit to the
6department, agency or institution, if any, to which the
7defendant is committed, the following:
8        (1) the sentence imposed;
9        (2) any statement by the court of the basis for
10    imposing the sentence;
11        (3) any presentence reports;
12        (3.5) any sex offender evaluations;
13        (3.6) any substance abuse treatment eligibility
14    screening and assessment of the defendant by an agent
15    designated by the State of Illinois to provide assessment
16    services for the Illinois courts;
17        (4) the number of days, if any, which the defendant
18    has been in custody and for which he is entitled to credit
19    against the sentence, which information shall be provided
20    to the clerk by the sheriff;
21        (4.1) any finding of great bodily harm made by the
22    court with respect to an offense enumerated in subsection
23    (c-1);
24        (5) all statements filed under subsection (d) of this
25    Section;
26        (6) any medical or mental health records or summaries

 

 

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1    of the defendant;
2        (7) the municipality where the arrest of the offender
3    or the commission of the offense has occurred, where such
4    municipality has a population of more than 25,000 persons;
5        (8) all statements made and evidence offered under
6    paragraph (7) of subsection (a) of this Section; and
7        (9) all additional matters which the court directs the
8    clerk to transmit.
9    (f) In cases in which the court finds that a motor vehicle
10was used in the commission of the offense for which the
11defendant is being sentenced, the clerk of the court shall,
12within 5 days thereafter, forward a report of such conviction
13to the Secretary of State.
14(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
15101-105, eff. 1-1-20.)".