Illinois 2023-2024 Regular Session

Illinois House Bill HB2543 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2543 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-6-3.6 Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Effective immediately. LRB103 26123 RLC 52479 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2543 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-6-3.6 730 ILCS 5/5-6-3.6 Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Effective immediately. LRB103 26123 RLC 52479 b LRB103 26123 RLC 52479 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2543 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-6-3.6 730 ILCS 5/5-6-3.6
4	4	730 ILCS 5/5-6-3.6
5	5	Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Effective immediately.
6	6	LRB103 26123 RLC 52479 b LRB103 26123 RLC 52479 b
7	7	LRB103 26123 RLC 52479 b
8	8	A BILL FOR
9	9	HB2543LRB103 26123 RLC 52479 b HB2543 LRB103 26123 RLC 52479 b
10	10	HB2543 LRB103 26123 RLC 52479 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-6-3.6 as follows:
16	16	6 (730 ILCS 5/5-6-3.6)
17	17	7 (Section scheduled to be repealed on January 1, 2024)
18	18	8 Sec. 5-6-3.6. First Time Weapon Offender Program.
19	19	9 (a) The General Assembly has sought to promote public
20	20	10 safety, reduce recidivism, and conserve valuable resources of
21	21	11 the criminal justice system through the creation of diversion
22	22	12 programs for non-violent offenders. This amendatory Act of the
23	23	13 100th General Assembly establishes a pilot program for
24	24	14 first-time, non-violent offenders charged with certain weapons
25	25	15 offenses. The General Assembly recognizes some persons,
26	26	16 particularly young adults in areas of high crime or poverty,
27	27	17 may have experienced trauma that contributes to poor decision
28	28	18 making skills, and the creation of a diversionary program
29	29	19 poses a greater benefit to the community and the person than
30	30	20 incarceration. Under this program, a court, with the consent
31	31	21 of the defendant and the State's Attorney, may sentence a
32	32	22 defendant charged with an unlawful use of weapons offense
33	33	23 under Section 24-1 of the Criminal Code of 2012 or aggravated
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2543 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-6-3.6 730 ILCS 5/5-6-3.6
39	39	730 ILCS 5/5-6-3.6
40	40	Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Effective immediately.
41	41	LRB103 26123 RLC 52479 b LRB103 26123 RLC 52479 b
42	42	LRB103 26123 RLC 52479 b
43	43	A BILL FOR
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49	49	730 ILCS 5/5-6-3.6
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68	68	1 unlawful use of a weapon offense under Section 24-1.6 of the
69	69	2 Criminal Code of 2012, if punishable as a Class 4 felony or
70	70	3 lower, to a First Time Weapon Offender Program.
71	71	4 (b) A defendant is not eligible for this Program if:
72	72	5 (1) the offense was committed during the commission of
73	73	6 a violent offense as defined in subsection (h) of this
74	74	7 Section;
75	75	8 (2) he or she has previously been convicted or placed
76	76	9 on probation or conditional discharge for any violent
77	77	10 offense under the laws of this State, the laws of any other
78	78	11 state, or the laws of the United States;
79	79	12 (3) he or she had a prior successful completion of the
80	80	13 First Time Weapon Offender Program under this Section;
81	81	14 (4) he or she has previously been adjudicated a
82	82	15 delinquent minor for the commission of a violent offense;
83	83	16 (5) he or she is 21 years of age or older; or
84	84	17 (6) he or she has an existing order of protection
85	85	18 issued against him or her.
86	86	19 (b-5) In considering whether a defendant shall be
87	87	20 sentenced to the First Time Weapon Offender Program, the court
88	88	21 shall consider the following:
89	89	22 (1) the age, immaturity, or limited mental capacity of
90	90	23 the defendant;
91	91	24 (2) the nature and circumstances of the offense;
92	92	25 (3) whether participation in the Program is in the
93	93	26 interest of the defendant's rehabilitation, including any
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104	104	1 employment or involvement in community, educational,
105	105	2 training, or vocational programs;
106	106	3 (4) whether the defendant suffers from trauma, as
107	107	4 supported by documentation or evaluation by a licensed
108	108	5 professional; and
109	109	6 (5) the potential risk to public safety.
110	110	7 (c) For an offense committed on or after January 1, 2018
111	111	8 (the effective date of Public Act 100-3) and before January 1,
112	112	9 2024, whenever an eligible person pleads guilty to an unlawful
113	113	10 use of weapons offense under Section 24-1 of the Criminal Code
114	114	11 of 2012 or aggravated unlawful use of a weapon offense under
115	115	12 Section 24-1.6 of the Criminal Code of 2012, which is
116	116	13 punishable as a Class 4 felony or lower, the court, with the
117	117	14 consent of the defendant and the State's Attorney, may,
118	118	15 without entering a judgment, sentence the defendant to
119	119	16 complete the First Time Weapon Offender Program. When a
120	120	17 defendant is placed in the Program, the court shall defer
121	121	18 further proceedings in the case until the conclusion of the
122	122	19 period or until the filing of a petition alleging violation of
123	123	20 a term or condition of the Program. Upon violation of a term or
124	124	21 condition of the Program, the court may enter a judgment on its
125	125	22 original finding of guilt and proceed as otherwise provided by
126	126	23 law. Upon fulfillment of the terms and conditions of the
127	127	24 Program, the court shall discharge the person and dismiss the
128	128	25 proceedings against the person.
129	129	26 (d) The Program shall be at least 18 months and not to
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140	140	1 exceed 24 months, as determined by the court at the
141	141	2 recommendation of the Program administrator and the State's
142	142	3 Attorney. The Program administrator may be appointed by the
143	143	4 Chief Judge of each Judicial Circuit.
144	144	5 (e) The conditions of the Program shall be that the
145	145	6 defendant:
146	146	7 (1) not violate any criminal statute of this State or
147	147	8 any other jurisdiction;
148	148	9 (2) refrain from possessing a firearm or other
149	149	10 dangerous weapon;
150	150	11 (3) obtain or attempt to obtain employment;
151	151	12 (4) attend educational courses designed to prepare the
152	152	13 defendant for obtaining a high school diploma or to work
153	153	14 toward passing high school equivalency testing or to work
154	154	15 toward completing a vocational training program;
155	155	16 (5) refrain from having in his or her body the
156	156	17 presence of any illicit drug prohibited by the
157	157	18 Methamphetamine Control and Community Protection Act, the
158	158	19 Cannabis Control Act, or the Illinois Controlled
159	159	20 Substances Act, unless prescribed by a physician, and
160	160	21 submit samples of his or her blood or urine or both for
161	161	22 tests to determine the presence of any illicit drug;
162	162	23 (6) perform a minimum of 50 hours of community
163	163	24 service;
164	164	25 (7) attend and participate in any Program activities
165	165	26 deemed required by the Program administrator, including
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176	176	1 but not limited to: counseling sessions, in-person and
177	177	2 over the phone check-ins, and educational classes; and
178	178	3 (8) pay all fines, assessments, fees, and costs.
179	179	4 (f) The Program may, in addition to other conditions,
180	180	5 require that the defendant:
181	181	6 (1) wear an ankle bracelet with GPS tracking;
182	182	7 (2) undergo medical or psychiatric treatment, or
183	183	8 treatment or rehabilitation approved by the Department of
184	184	9 Human Services; and
185	185	10 (3) attend or reside in a facility established for the
186	186	11 instruction or residence of defendants on probation.
187	187	12 (g) There may be only one discharge and dismissal under
188	188	13 this Section. If a person is convicted of any offense which
189	189	14 occurred within 5 years subsequent to a discharge and
190	190	15 dismissal under this Section, the discharge and dismissal
191	191	16 under this Section shall be admissible in the sentencing
192	192	17 proceeding for that conviction as evidence in aggravation.
193	193	18 (h) For purposes of this Section, "violent offense" means
194	194	19 any offense in which bodily harm was inflicted or force was
195	195	20 used against any person or threatened against any person; any
196	196	21 offense involving the possession of a firearm or dangerous
197	197	22 weapon; any offense involving sexual conduct, sexual
198	198	23 penetration, or sexual exploitation; violation of an order of
199	199	24 protection, stalking, hate crime, domestic battery, or any
200	200	25 offense of domestic violence.
201	201	26 (i) (Blank). This Section is repealed on January 1, 2024.
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212	212	1 (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
213	213	2 Section 99. Effective date. This Act takes effect upon
214	214	3 becoming law.
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