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| [ House Amendment 002 ] |
91_SB1332enr SB1332 Enrolled LRB9110671RCpk 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Code of Criminal Procedure of 1963 is 5 amended by adding Section 115-10.5 as follows: 6 (725 ILCS 5/115-10.5 new) 7 Sec. 115-10.5. Hearsay exception regarding safe zone 8 testimony. 9 (a) In any prosecution for any offense charged as a 10 violation of Section 407 of the Illinois Controlled 11 Substances Act or Section 5-130 of the Juvenile Court Act of 12 1987 the following evidence shall be admitted as an exception 13 to the hearsay rule any testimony by any qualified individual 14 regarding the status of any property as: 15 (1) a truck stop or safety rest area, or 16 (2) a school or conveyance owned, leased or 17 contracted by a school to transport students to or from 18 school, or 19 (3) residential property owned, operated, and 20 managed by a public housing agency, or 21 (4) a public park, or 22 (5) the real property comprising any church, 23 synagogue, or other building, structure, or place used 24 primarily for religious worship, or 25 (6) the real property comprising any of the 26 following places, buildings, or structures used primarily 27 for housing or providing space for activities for senior 28 citizens: nursing homes, assisted-living centers, senior 29 citizen housing complexes, or senior centers oriented 30 toward daytime activities. 31 (b) As used in this Section, "qualified individual" means SB1332 Enrolled -2- LRB9110671RCpk 1 any person who (i) lived or worked within the territorial 2 jurisdiction where the offense took place when the offense 3 took place; and (ii) is familiar with various public places 4 within the territorial jurisdiction where the offense took 5 place when the offense took place. 6 (c) For the purposes of this Section, "qualified 7 individual" includes any peace officer, or any member of any 8 duly organized State, county, or municipal peace unit, 9 assigned to the territorial jurisdiction where the offense 10 took place when the offense took place. 11 (d) This Section applies to all prosecutions pending at 12 the time this amendatory Act of the 91st General Assembly 13 takes effect and to all prosecutions commencing on or after 14 its effective date. 15 Section 5. The Unified Code of Corrections is amended by 16 changing Section 5-4-1 as follows: 17 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 18 Sec. 5-4-1. Sentencing Hearing. 19 (a) Except when the death penalty is sought under 20 hearing procedures otherwise specified, after a determination 21 of guilt, a hearing shall be held to impose the sentence. 22 However, prior to the imposition of sentence on an individual 23 being sentenced for an offense based upon a charge for a 24 violation of Section 11-501 of the Illinois Vehicle Code or a 25 similar provision of a local ordinance, the individual must 26 undergo a professional evaluation to determine if an alcohol 27 or other drug abuse problem exists and the extent of such a 28 problem. Programs conducting these evaluations shall be 29 licensed by the Department of Human Services. However, if 30 the individual is not a resident of Illinois, the court may, 31 in its discretion, accept an evaluation from a program in the 32 state of such individual's residence. The court may in its SB1332 Enrolled -3- LRB9110671RCpk 1 sentencing order approve an eligible defendant for placement 2 in a Department of Corrections impact incarceration program 3 as provided in Section 5-8-1.1. At the hearing the court 4 shall: 5 (1) consider the evidence, if any, received upon 6 the trial; 7 (2) consider any presentence reports; 8 (3) consider the financial impact of incarceration 9 based on the financial impact statement filed with the 10 clerk of the court by the Department of Corrections; 11 (4) consider evidence and information offered by 12 the parties in aggravation and mitigation; 13 (5) hear arguments as to sentencing alternatives; 14 (6) afford the defendant the opportunity to make a 15 statement in his own behalf; 16 (7) afford the victim of a violent crime or a 17 violation of Section 11-501 of the Illinois Vehicle Code, 18 or a similar provision of a local ordinance, or a 19 qualified individual affected by a violation of Section 20 405, 405.1, 405.2, or 407 of the Illinois Controlled 21 Substances Act, committed by the defendant the 22 opportunity to make a statement concerning the impact on 23 the victim and to offer evidence in aggravation or 24 mitigation; provided that the statement and evidence 25 offered in aggravation or mitigation must first be 26 prepared in writing in conjunction with the State's 27 Attorney before it may be presented orally at the 28 hearing. Any sworn testimony offered by the victim is 29 subject to the defendant's right to cross-examine. All 30 statements and evidence offered under this paragraph (7) 31 shall become part of the record of the court. For the 32 purpose of this paragraph (7), "qualified individual" 33 means any person who (i) lived or worked within the 34 territorial jurisdiction where the offense took place SB1332 Enrolled -4- LRB9110671RCpk 1 when the offense took place; and (ii) is familiar with 2 various public places within the territorial jurisdiction 3 where the offense took place when the offense took place. 4 For the purposes of this paragraph (7), "qualified 5 individual" includes any peace officer, or any member of 6 any duly organized State, county, or municipal peace unit 7 assigned to the territorial jurisdiction where the 8 offense took place when the offense took place; and 9 (8) in cases of reckless homicide afford the 10 victim's spouse, guardians, parents or other immediate 11 family members an opportunity to make oral statements. 12 (b) All sentences shall be imposed by the judge based 13 upon his independent assessment of the elements specified 14 above and any agreement as to sentence reached by the 15 parties. The judge who presided at the trial or the judge 16 who accepted the plea of guilty shall impose the sentence 17 unless he is no longer sitting as a judge in that court. 18 Where the judge does not impose sentence at the same time on 19 all defendants who are convicted as a result of being 20 involved in the same offense, the defendant or the State's 21 Attorney may advise the sentencing court of the disposition 22 of any other defendants who have been sentenced. 23 (c) In imposing a sentence for a violent crime or for an 24 offense of operating or being in physical control of a 25 vehicle while under the influence of alcohol, any other drug 26 or any combination thereof, or a similar provision of a local 27 ordinance, when such offense resulted in the personal injury 28 to someone other than the defendant, the trial judge shall 29 specify on the record the particular evidence, information, 30 factors in mitigation and aggravation or other reasons that 31 led to his sentencing determination. The full verbatim record 32 of the sentencing hearing shall be filed with the clerk of 33 the court and shall be a public record. 34 (c-1) In imposing a sentence for the offense of SB1332 Enrolled -5- LRB9110671RCpk 1 aggravated kidnapping for ransom, home invasion, armed 2 robbery, aggravated vehicular hijacking, aggravated discharge 3 of a firearm, or armed violence with a category I weapon or 4 category II weapon, the trial judge shall make a finding as 5 to whether the conduct leading to conviction for the offense 6 resulted in great bodily harm to a victim, and shall enter 7 that finding and the basis for that finding in the record. 8 (c-2) If the defendant is sentenced to prison, other 9 than when a sentence of natural life imprisonment or a 10 sentence of death is imposed, at the time the sentence is 11 imposed the judge shall state on the record in open court the 12 approximate period of time the defendant will serve in 13 custody according to the then current statutory rules and 14 regulations for early release found in Section 3-6-3 and 15 other related provisions of this Code. This statement is 16 intended solely to inform the public, has no legal effect on 17 the defendant's actual release, and may not be relied on by 18 the defendant on appeal. 19 The judge's statement, to be given after pronouncing the 20 sentence, other than when the sentence is imposed for one of 21 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 22 shall include the following: 23 "The purpose of this statement is to inform the public of 24 the actual period of time this defendant is likely to spend 25 in prison as a result of this sentence. The actual period of 26 prison time served is determined by the statutes of Illinois 27 as applied to this sentence by the Illinois Department of 28 Corrections and the Illinois Prisoner Review Board. In this 29 case, assuming the defendant receives all of his or her good 30 conduct credit, the period of estimated actual custody is ... 31 years and ... months, less up to 180 days additional good 32 conduct credit for meritorious service. If the defendant, 33 because of his or her own misconduct or failure to comply 34 with the institutional regulations, does not receive those SB1332 Enrolled -6- LRB9110671RCpk 1 credits, the actual time served in prison will be longer. 2 The defendant may also receive an additional one-half day 3 good conduct credit for each day of participation in 4 vocational, industry, substance abuse, and educational 5 programs as provided for by Illinois statute." 6 When the sentence is imposed for one of the offenses 7 enumerated in paragraph (a)(3) of Section 3-6-3, other than 8 when the sentence is imposed for one of the offenses 9 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 10 or after June 19, 1998, and other than when the sentence is 11 imposed for reckless homicide as defined in subsection (e) of 12 Section 9-3 of the Criminal Code of 1961 if the offense was 13 committed on or after January 1, 1999, the judge's statement, 14 to be given after pronouncing the sentence, shall include the 15 following: 16 "The purpose of this statement is to inform the public of 17 the actual period of time this defendant is likely to spend 18 in prison as a result of this sentence. The actual period of 19 prison time served is determined by the statutes of Illinois 20 as applied to this sentence by the Illinois Department of 21 Corrections and the Illinois Prisoner Review Board. In this 22 case, assuming the defendant receives all of his or her good 23 conduct credit, the period of estimated actual custody is ... 24 years and ... months, less up to 90 days additional good 25 conduct credit for meritorious service. If the defendant, 26 because of his or her own misconduct or failure to comply 27 with the institutional regulations, does not receive those 28 credits, the actual time served in prison will be longer. 29 The defendant may also receive an additional one-half day 30 good conduct credit for each day of participation in 31 vocational, industry, substance abuse, and educational 32 programs as provided for by Illinois statute." 33 When the sentence is imposed for one of the offenses 34 enumerated in paragraph (a)(2) of Section 3-6-3, other than SB1332 Enrolled -7- LRB9110671RCpk 1 first degree murder, and the offense was committed on or 2 after June 19, 1998, and when the sentence is imposed for 3 reckless homicide as defined in subsection (e) of Section 9-3 4 of the Criminal Code of 1961 if the offense was committed on 5 or after January 1, 1999, the judge's statement, to be given 6 after pronouncing the sentence, shall include the following: 7 "The purpose of this statement is to inform the public of 8 the actual period of time this defendant is likely to spend 9 in prison as a result of this sentence. The actual period of 10 prison time served is determined by the statutes of Illinois 11 as applied to this sentence by the Illinois Department of 12 Corrections and the Illinois Prisoner Review Board. In this 13 case, the defendant is entitled to no more than 4 1/2 days of 14 good conduct credit for each month of his or her sentence of 15 imprisonment. Therefore, this defendant will serve at least 16 85% of his or her sentence. Assuming the defendant receives 17 4 1/2 days credit for each month of his or her sentence, the 18 period of estimated actual custody is ... years and ... 19 months. If the defendant, because of his or her own 20 misconduct or failure to comply with the institutional 21 regulations receives lesser credit, the actual time served in 22 prison will be longer." 23 When a sentence of imprisonment is imposed for first 24 degree murder and the offense was committed on or after June 25 19, 1998, the judge's statement, to be given after 26 pronouncing the sentence, shall include the following: 27 "The purpose of this statement is to inform the public of 28 the actual period of time this defendant is likely to spend 29 in prison as a result of this sentence. The actual period of 30 prison time served is determined by the statutes of Illinois 31 as applied to this sentence by the Illinois Department of 32 Corrections and the Illinois Prisoner Review Board. In this 33 case, the defendant is not entitled to good conduct credit. 34 Therefore, this defendant will serve 100% of his or her SB1332 Enrolled -8- LRB9110671RCpk 1 sentence." 2 (d) When the defendant is committed to the Department of 3 Corrections, the State's Attorney shall and counsel for the 4 defendant may file a statement with the clerk of the court to 5 be transmitted to the department, agency or institution to 6 which the defendant is committed to furnish such department, 7 agency or institution with the facts and circumstances of the 8 offense for which the person was committed together with all 9 other factual information accessible to them in regard to the 10 person prior to his commitment relative to his habits, 11 associates, disposition and reputation and any other facts 12 and circumstances which may aid such department, agency or 13 institution during its custody of such person. The clerk 14 shall within 10 days after receiving any such statements 15 transmit a copy to such department, agency or institution and 16 a copy to the other party, provided, however, that this shall 17 not be cause for delay in conveying the person to the 18 department, agency or institution to which he has been 19 committed. 20 (e) The clerk of the court shall transmit to the 21 department, agency or institution, if any, to which the 22 defendant is committed, the following: 23 (1) the sentence imposed; 24 (2) any statement by the court of the basis for 25 imposing the sentence; 26 (3) any presentence reports; 27 (4) the number of days, if any, which the defendant 28 has been in custody and for which he is entitled to 29 credit against the sentence, which information shall be 30 provided to the clerk by the sheriff; 31 (4.1) any finding of great bodily harm made by the 32 court with respect to an offense enumerated in subsection 33 (c-1); 34 (5) all statements filed under subsection (d) of SB1332 Enrolled -9- LRB9110671RCpk 1 this Section; 2 (6) any medical or mental health records or 3 summaries of the defendant; 4 (7) the municipality where the arrest of the 5 offender or the commission of the offense has occurred, 6 where such municipality has a population of more than 7 25,000 persons; 8 (8) all statements made and evidence offered under 9 paragraph (7) of subsection (a) of this Section; and 10 (9) all additional matters which the court directs 11 the clerk to transmit. 12 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 13 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)