Illinois 2023-2024 Regular Session

Illinois House Bill HB3225 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 HB3225 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 50 ILCS 750/15.6d new725 ILCS 5/115-7.5 new730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new Provides that the amendatory Act may be referred to as the Veterans in Justice Act. Includes legislative findings. Amends the Emergency Telephone System Act. Provides that the Illinois State Police, with the advice and recommendation of the Statewide 9-1-1 Administrator, shall adopt rules to allow a veteran to submit his or her name and phone number to the Administrator so that each time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or 9-8-8 operator would see that the individual is a veteran and transmit that information to first responders, crisis responders, and deflection teams. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that evidence related to a person's veteran status is not admissible in any civil or criminal proceeding, except in specified circumstances. Further amends the Code of Criminal Procedure of 1963 to provide that a person's veteran status shall not be used by the court to enhance the person's sentence. Amends the Unified Code of Corrections and the County Jail Act. Provides that a facility or county jail may not classify an inmate or prisoner as more dangerous or otherwise treat the inmate or prisoner less favorably than other inmates or prisoners due to the fact that the inmate or prisoner is a veteran or a combat veteran. Provides that each facility or county jail shall make available to all veterans within the facility or jail resources available to those inmates because of their veteran status, including benefits provided by the U.S. Department of Veterans Affairs, the Illinois Department of Veterans' Affairs, and other, non-VA benefits. LRB103 30130 AWJ 56554 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3225 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 50 ILCS 750/15.6d new725 ILCS 5/115-7.5 new730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 50 ILCS 750/15.6d new 725 ILCS 5/115-7.5 new 730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new Provides that the amendatory Act may be referred to as the Veterans in Justice Act. Includes legislative findings. Amends the Emergency Telephone System Act. Provides that the Illinois State Police, with the advice and recommendation of the Statewide 9-1-1 Administrator, shall adopt rules to allow a veteran to submit his or her name and phone number to the Administrator so that each time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or 9-8-8 operator would see that the individual is a veteran and transmit that information to first responders, crisis responders, and deflection teams. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that evidence related to a person's veteran status is not admissible in any civil or criminal proceeding, except in specified circumstances. Further amends the Code of Criminal Procedure of 1963 to provide that a person's veteran status shall not be used by the court to enhance the person's sentence. Amends the Unified Code of Corrections and the County Jail Act. Provides that a facility or county jail may not classify an inmate or prisoner as more dangerous or otherwise treat the inmate or prisoner less favorably than other inmates or prisoners due to the fact that the inmate or prisoner is a veteran or a combat veteran. Provides that each facility or county jail shall make available to all veterans within the facility or jail resources available to those inmates because of their veteran status, including benefits provided by the U.S. Department of Veterans Affairs, the Illinois Department of Veterans' Affairs, and other, non-VA benefits. LRB103 30130 AWJ 56554 b LRB103 30130 AWJ 56554 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3225 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	50 ILCS 750/15.6d new725 ILCS 5/115-7.5 new730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 50 ILCS 750/15.6d new 725 ILCS 5/115-7.5 new 730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new
4	4	50 ILCS 750/15.6d new
5	5	725 ILCS 5/115-7.5 new
6	6	730 ILCS 5/3-7-4.5 new
7	7	730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
8	8	730 ILCS 125/26.2 new
9	9	735 ILCS 5/Art. VIII Pt. 30 heading new
10	10	735 ILCS 5/8-3001 new
11	11	Provides that the amendatory Act may be referred to as the Veterans in Justice Act. Includes legislative findings. Amends the Emergency Telephone System Act. Provides that the Illinois State Police, with the advice and recommendation of the Statewide 9-1-1 Administrator, shall adopt rules to allow a veteran to submit his or her name and phone number to the Administrator so that each time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or 9-8-8 operator would see that the individual is a veteran and transmit that information to first responders, crisis responders, and deflection teams. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that evidence related to a person's veteran status is not admissible in any civil or criminal proceeding, except in specified circumstances. Further amends the Code of Criminal Procedure of 1963 to provide that a person's veteran status shall not be used by the court to enhance the person's sentence. Amends the Unified Code of Corrections and the County Jail Act. Provides that a facility or county jail may not classify an inmate or prisoner as more dangerous or otherwise treat the inmate or prisoner less favorably than other inmates or prisoners due to the fact that the inmate or prisoner is a veteran or a combat veteran. Provides that each facility or county jail shall make available to all veterans within the facility or jail resources available to those inmates because of their veteran status, including benefits provided by the U.S. Department of Veterans Affairs, the Illinois Department of Veterans' Affairs, and other, non-VA benefits.
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17	17	1 AN ACT concerning government.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. This Act be referred to as the Veterans in
21	21	5 Justice Act.
22	22	6 Section 5. The General Assembly finds:
23	23	7 (1) Veterans who encounter or enter the justice system can
24	24	8 find themselves being treated in a stereotypical way,
25	25	9 classified as dangerous, and not aware of the services
26	26	10 available to them. This represents an injustice to our
27	27	11 veterans.
28	28	12 (2) When a veteran enters the justice system, in addition
29	29	13 to the normal issues faced by any person entering the justice
30	30	14 system, the veteran may present greater issues than the
31	31	15 general population related to Post-Traumatic Stress Disorder,
32	32	16 trauma, drug use, and mental health, and, therefore, the
33	33	17 veteran is is often perceived as being more dangerous.
34	34	18 Veterans need assistance for the challenges they face and also
35	35	19 to not be seen as dangerous merely because of their veteran
36	36	20 status, especially for those that are combat veterans.
37	37	21 Section 10. The Emergency Telephone System Act is amended
38	38	22 by adding Section 15.6d as follows:
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3225 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
43	43	50 ILCS 750/15.6d new725 ILCS 5/115-7.5 new730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 50 ILCS 750/15.6d new 725 ILCS 5/115-7.5 new 730 ILCS 5/3-7-4.5 new 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 730 ILCS 125/26.2 new 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new
44	44	50 ILCS 750/15.6d new
45	45	725 ILCS 5/115-7.5 new
46	46	730 ILCS 5/3-7-4.5 new
47	47	730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
48	48	730 ILCS 125/26.2 new
49	49	735 ILCS 5/Art. VIII Pt. 30 heading new
50	50	735 ILCS 5/8-3001 new
51	51	Provides that the amendatory Act may be referred to as the Veterans in Justice Act. Includes legislative findings. Amends the Emergency Telephone System Act. Provides that the Illinois State Police, with the advice and recommendation of the Statewide 9-1-1 Administrator, shall adopt rules to allow a veteran to submit his or her name and phone number to the Administrator so that each time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or 9-8-8 operator would see that the individual is a veteran and transmit that information to first responders, crisis responders, and deflection teams. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that evidence related to a person's veteran status is not admissible in any civil or criminal proceeding, except in specified circumstances. Further amends the Code of Criminal Procedure of 1963 to provide that a person's veteran status shall not be used by the court to enhance the person's sentence. Amends the Unified Code of Corrections and the County Jail Act. Provides that a facility or county jail may not classify an inmate or prisoner as more dangerous or otherwise treat the inmate or prisoner less favorably than other inmates or prisoners due to the fact that the inmate or prisoner is a veteran or a combat veteran. Provides that each facility or county jail shall make available to all veterans within the facility or jail resources available to those inmates because of their veteran status, including benefits provided by the U.S. Department of Veterans Affairs, the Illinois Department of Veterans' Affairs, and other, non-VA benefits.
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54	54	A BILL FOR
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60	60	50 ILCS 750/15.6d new
61	61	725 ILCS 5/115-7.5 new
62	62	730 ILCS 5/3-7-4.5 new
63	63	730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
64	64	730 ILCS 125/26.2 new
65	65	735 ILCS 5/Art. VIII Pt. 30 heading new
66	66	735 ILCS 5/8-3001 new
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85	85	1 (50 ILCS 750/15.6d new)
86	86	2 Sec. 15.6d. 9-1-1 and 9-8-8 veteran identification. The
87	87	3 Illinois State Police, with the advice and recommendation of
88	88	4 the Administrator, shall adopt rules to allow a veteran, as
89	89	5 that term is defined in Section 4 of the Illinois Veteran,
90	90	6 Youth, and Young Adult Conservation Jobs Act, to submit his or
91	91	7 her name and phone number to the Administrator so that each
92	92	8 time that veteran would call 9-1-1 or 9-8-8 that the 9-1-1 or
93	93	9 9-8-8 operator would see that the individual is a veteran and
94	94	10 transmit that information to first responders, crisis
95	95	11 responders, and deflection teams.
96	96	12 Section 15. The Code of Criminal Procedure of 1963 is
97	97	13 amended by adding Section 115-7.5 as follows:
98	98	14 (725 ILCS 5/115-7.5 new)
99	99	15 Sec. 115-7.5. Admissibility of veteran status.
100	100	16 (a) As used in this Section, "veteran" has the meaning
101	101	17 given to that term in Section 4 of the Illinois Veteran, Youth,
102	102	18 and Young Adult Conservation Jobs Act.
103	103	19 (b) Except as provided in subsection (c) and Section 5-4-1
104	104	20 of the Unified Code of Corrections, evidence related to a
105	105	21 person's veteran status is not admissible in any criminal
106	106	22 proceeding.
107	107	23 (c) Evidence otherwise inadmissible under this Section is
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118	118	1 admissible if:
119	119	2 (1) it is essential to prove an element of a crime or a
120	120	3 defense;
121	121	4 (2) it is offered to prove an interest or bias of a
122	122	5 witness, if it does not cause confusion of the issues or
123	123	6 mislead the trier of fact, and the probative value of the
124	124	7 evidence outweighs its prejudicial nature; or
125	125	8 (3) a person or his or her attorney voluntarily
126	126	9 reveals his or her veteran status to the court.
127	127	10 (d) A party intending to offer evidence relating to a
128	128	11 person's veteran status shall file a written motion at least
129	129	12 14 days before a hearing or a trial specifically describing
130	130	13 the evidence and stating the purpose for which it is offered. A
131	131	14 court, for good cause, may require a different time for filing
132	132	15 or permit filing during trial.
133	133	16 Upon receipt of the motion and notice to all parties, the
134	134	17 court shall conduct an in camera hearing, with counsel
135	135	18 present, limited to review of the probative value of the
136	136	19 person's veteran status to the case. If the court finds that
137	137	20 the evidence relating to a person's veteran status meets the
138	138	21 criteria set forth in paragraph (1), (2), or (3) of subsection
139	139	22 (c), the court shall make findings of fact and conclusions of
140	140	23 law regarding the permitted use of the evidence.
141	141	24 The motion, related papers, and the record of the hearing
142	142	25 shall be sealed and remain under seal unless the court orders
143	143	26 otherwise.
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154	154	1 Section 20. The Unified Code of Corrections is amended by
155	155	2 changing Section 5-4-1 and by adding Section 3-7-4.5 as
156	156	3 follows:
157	157	4 (730 ILCS 5/3-7-4.5 new)
158	158	5 Sec. 3-7-4.5. Veteran inmates.
159	159	6 (a) As used in this Section, "veteran" has the meaning
160	160	7 given to that term in Section 4 of the Illinois Veteran, Youth,
161	161	8 and Young Adult Conservation Jobs Act.
162	162	9 (b) A facility may not classify an inmate as more
163	163	10 dangerous or otherwise treat the inmate less favorably than
164	164	11 other inmates due to the fact that the inmate is a veteran or a
165	165	12 combat veteran.
166	166	13 (c) Each facility shall make available to all veterans
167	167	14 within the facility resources available to those inmates
168	168	15 because of their veteran status, including benefits provided
169	169	16 by the U.S. Department of Veterans Affairs, the Illinois
170	170	17 Department of Veterans' Affairs, and other, non-VA benefits.
171	171	18 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
172	172	19 Sec. 5-4-1. Sentencing hearing.
173	173	20 (a) Except when the death penalty is sought under hearing
174	174	21 procedures otherwise specified, after a determination of
175	175	22 guilt, a hearing shall be held to impose the sentence.
176	176	23 However, prior to the imposition of sentence on an individual
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187	187	1 being sentenced for an offense based upon a charge for a
188	188	2 violation of Section 11-501 of the Illinois Vehicle Code or a
189	189	3 similar provision of a local ordinance, the individual must
190	190	4 undergo a professional evaluation to determine if an alcohol
191	191	5 or other drug abuse problem exists and the extent of such a
192	192	6 problem. Programs conducting these evaluations shall be
193	193	7 licensed by the Department of Human Services. However, if the
194	194	8 individual is not a resident of Illinois, the court may, in its
195	195	9 discretion, accept an evaluation from a program in the state
196	196	10 of such individual's residence. The court shall make a
197	197	11 specific finding about whether the defendant is eligible for
198	198	12 participation in a Department impact incarceration program as
199	199	13 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
200	200	14 explanation as to why a sentence to impact incarceration is
201	201	15 not an appropriate sentence. The court may in its sentencing
202	202	16 order recommend a defendant for placement in a Department of
203	203	17 Corrections substance abuse treatment program as provided in
204	204	18 paragraph (a) of subsection (1) of Section 3-2-2 conditioned
205	205	19 upon the defendant being accepted in a program by the
206	206	20 Department of Corrections. At the hearing the court shall:
207	207	21 (1) consider the evidence, if any, received upon the
208	208	22 trial;
209	209	23 (2) consider any presentence reports;
210	210	24 (3) consider the financial impact of incarceration
211	211	25 based on the financial impact statement filed with the
212	212	26 clerk of the court by the Department of Corrections;
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223	223	1 (4) consider evidence and information offered by the
224	224	2 parties in aggravation and mitigation;
225	225	3 (4.5) consider substance abuse treatment, eligibility
226	226	4 screening, and an assessment, if any, of the defendant by
227	227	5 an agent designated by the State of Illinois to provide
228	228	6 assessment services for the Illinois courts;
229	229	7 (5) hear arguments as to sentencing alternatives;
230	230	8 (6) afford the defendant the opportunity to make a
231	231	9 statement in his own behalf;
232	232	10 (7) afford the victim of a violent crime or a
233	233	11 violation of Section 11-501 of the Illinois Vehicle Code,
234	234	12 or a similar provision of a local ordinance, the
235	235	13 opportunity to present an oral or written statement, as
236	236	14 guaranteed by Article I, Section 8.1 of the Illinois
237	237	15 Constitution and provided in Section 6 of the Rights of
238	238	16 Crime Victims and Witnesses Act. The court shall allow a
239	239	17 victim to make an oral statement if the victim is present
240	240	18 in the courtroom and requests to make an oral or written
241	241	19 statement. An oral or written statement includes the
242	242	20 victim or a representative of the victim reading the
243	243	21 written statement. The court may allow persons impacted by
244	244	22 the crime who are not victims under subsection (a) of
245	245	23 Section 3 of the Rights of Crime Victims and Witnesses Act
246	246	24 to present an oral or written statement. A victim and any
247	247	25 person making an oral statement shall not be put under
248	248	26 oath or subject to cross-examination. All statements
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259	259	1 offered under this paragraph (7) shall become part of the
260	260	2 record of the court. In this paragraph (7), "victim of a
261	261	3 violent crime" means a person who is a victim of a violent
262	262	4 crime for which the defendant has been convicted after a
263	263	5 bench or jury trial or a person who is the victim of a
264	264	6 violent crime with which the defendant was charged and the
265	265	7 defendant has been convicted under a plea agreement of a
266	266	8 crime that is not a violent crime as defined in subsection
267	267	9 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
268	268	10 (7.5) afford a qualified person affected by: (i) a
269	269	11 violation of Section 405, 405.1, 405.2, or 407 of the
270	270	12 Illinois Controlled Substances Act or a violation of
271	271	13 Section 55 or Section 65 of the Methamphetamine Control
272	272	14 and Community Protection Act; or (ii) a Class 4 felony
273	273	15 violation of Section 11-14, 11-14.3 except as described in
274	274	16 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
275	275	17 11-18.1, or 11-19 of the Criminal Code of 1961 or the
276	276	18 Criminal Code of 2012, committed by the defendant the
277	277	19 opportunity to make a statement concerning the impact on
278	278	20 the qualified person and to offer evidence in aggravation
279	279	21 or mitigation; provided that the statement and evidence
280	280	22 offered in aggravation or mitigation shall first be
281	281	23 prepared in writing in conjunction with the State's
282	282	24 Attorney before it may be presented orally at the hearing.
283	283	25 Sworn testimony offered by the qualified person is subject
284	284	26 to the defendant's right to cross-examine. All statements
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295	295	1 and evidence offered under this paragraph (7.5) shall
296	296	2 become part of the record of the court. In this paragraph
297	297	3 (7.5), "qualified person" means any person who: (i) lived
298	298	4 or worked within the territorial jurisdiction where the
299	299	5 offense took place when the offense took place; or (ii) is
300	300	6 familiar with various public places within the territorial
301	301	7 jurisdiction where the offense took place when the offense
302	302	8 took place. "Qualified person" includes any peace officer
303	303	9 or any member of any duly organized State, county, or
304	304	10 municipal peace officer unit assigned to the territorial
305	305	11 jurisdiction where the offense took place when the offense
306	306	12 took place;
307	307	13 (8) in cases of reckless homicide afford the victim's
308	308	14 spouse, guardians, parents or other immediate family
309	309	15 members an opportunity to make oral statements;
310	310	16 (9) in cases involving a felony sex offense as defined
311	311	17 under the Sex Offender Management Board Act, consider the
312	312	18 results of the sex offender evaluation conducted pursuant
313	313	19 to Section 5-3-2 of this Act; and
314	314	20 (10) make a finding of whether a motor vehicle was
315	315	21 used in the commission of the offense for which the
316	316	22 defendant is being sentenced.
317	317	23 (b) All sentences shall be imposed by the judge based upon
318	318	24 his independent assessment of the elements specified above and
319	319	25 any agreement as to sentence reached by the parties. The judge
320	320	26 who presided at the trial or the judge who accepted the plea of
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331	331	1 guilty shall impose the sentence unless he is no longer
332	332	2 sitting as a judge in that court. Where the judge does not
333	333	3 impose sentence at the same time on all defendants who are
334	334	4 convicted as a result of being involved in the same offense,
335	335	5 the defendant or the State's Attorney may advise the
336	336	6 sentencing court of the disposition of any other defendants
337	337	7 who have been sentenced.
338	338	8 (b-1) In imposing a sentence of imprisonment or periodic
339	339	9 imprisonment for a Class 3 or Class 4 felony for which a
340	340	10 sentence of probation or conditional discharge is an available
341	341	11 sentence, if the defendant has no prior sentence of probation
342	342	12 or conditional discharge and no prior conviction for a violent
343	343	13 crime, the defendant shall not be sentenced to imprisonment
344	344	14 before review and consideration of a presentence report and
345	345	15 determination and explanation of why the particular evidence,
346	346	16 information, factor in aggravation, factual finding, or other
347	347	17 reasons support a sentencing determination that one or more of
348	348	18 the factors under subsection (a) of Section 5-6-1 of this Code
349	349	19 apply and that probation or conditional discharge is not an
350	350	20 appropriate sentence.
351	351	21 (c) In imposing a sentence for a violent crime or for an
352	352	22 offense of operating or being in physical control of a vehicle
353	353	23 while under the influence of alcohol, any other drug or any
354	354	24 combination thereof, or a similar provision of a local
355	355	25 ordinance, when such offense resulted in the personal injury
356	356	26 to someone other than the defendant, the trial judge shall
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367	367	1 specify on the record the particular evidence, information,
368	368	2 factors in mitigation and aggravation or other reasons that
369	369	3 led to his sentencing determination. The full verbatim record
370	370	4 of the sentencing hearing shall be filed with the clerk of the
371	371	5 court and shall be a public record.
372	372	6 (c-1) In imposing a sentence for the offense of aggravated
373	373	7 kidnapping for ransom, home invasion, armed robbery,
374	374	8 aggravated vehicular hijacking, aggravated discharge of a
375	375	9 firearm, or armed violence with a category I weapon or
376	376	10 category II weapon, the trial judge shall make a finding as to
377	377	11 whether the conduct leading to conviction for the offense
378	378	12 resulted in great bodily harm to a victim, and shall enter that
379	379	13 finding and the basis for that finding in the record.
380	380	14 (c-1.5) Notwithstanding any other provision of law to the
381	381	15 contrary, in imposing a sentence for an offense that requires
382	382	16 a mandatory minimum sentence of imprisonment, the court may
383	383	17 instead sentence the offender to probation, conditional
384	384	18 discharge, or a lesser term of imprisonment it deems
385	385	19 appropriate if: (1) the offense involves the use or possession
386	386	20 of drugs, retail theft, or driving on a revoked license due to
387	387	21 unpaid financial obligations; (2) the court finds that the
388	388	22 defendant does not pose a risk to public safety; and (3) the
389	389	23 interest of justice requires imposing a term of probation,
390	390	24 conditional discharge, or a lesser term of imprisonment. The
391	391	25 court must state on the record its reasons for imposing
392	392	26 probation, conditional discharge, or a lesser term of
393	393
394	394
395	395
396	396
397	397
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403	403	1 imprisonment.
404	404	2 (c-2) If the defendant is sentenced to prison, other than
405	405	3 when a sentence of natural life imprisonment or a sentence of
406	406	4 death is imposed, at the time the sentence is imposed the judge
407	407	5 shall state on the record in open court the approximate period
408	408	6 of time the defendant will serve in custody according to the
409	409	7 then current statutory rules and regulations for sentence
410	410	8 credit found in Section 3-6-3 and other related provisions of
411	411	9 this Code. This statement is intended solely to inform the
412	412	10 public, has no legal effect on the defendant's actual release,
413	413	11 and may not be relied on by the defendant on appeal.
414	414	12 The judge's statement, to be given after pronouncing the
415	415	13 sentence, other than when the sentence is imposed for one of
416	416	14 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
417	417	15 shall include the following:
418	418	16 "The purpose of this statement is to inform the public of
419	419	17 the actual period of time this defendant is likely to spend in
420	420	18 prison as a result of this sentence. The actual period of
421	421	19 prison time served is determined by the statutes of Illinois
422	422	20 as applied to this sentence by the Illinois Department of
423	423	21 Corrections and the Illinois Prisoner Review Board. In this
424	424	22 case, assuming the defendant receives all of his or her
425	425	23 sentence credit, the period of estimated actual custody is ...
426	426	24 years and ... months, less up to 180 days additional earned
427	427	25 sentence credit. If the defendant, because of his or her own
428	428	26 misconduct or failure to comply with the institutional
429	429
430	430
431	431
432	432
433	433
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435	435
436	436
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438	438	HB3225 - 12 - LRB103 30130 AWJ 56554 b
439	439	1 regulations, does not receive those credits, the actual time
440	440	2 served in prison will be longer. The defendant may also
441	441	3 receive an additional one-half day sentence credit for each
442	442	4 day of participation in vocational, industry, substance abuse,
443	443	5 and educational programs as provided for by Illinois statute."
444	444	6 When the sentence is imposed for one of the offenses
445	445	7 enumerated in paragraph (a)(2) of Section 3-6-3, other than
446	446	8 first degree murder, and the offense was committed on or after
447	447	9 June 19, 1998, and when the sentence is imposed for reckless
448	448	10 homicide as defined in subsection (e) of Section 9-3 of the
449	449	11 Criminal Code of 1961 or the Criminal Code of 2012 if the
450	450	12 offense was committed on or after January 1, 1999, and when the
451	451	13 sentence is imposed for aggravated driving under the influence
452	452	14 of alcohol, other drug or drugs, or intoxicating compound or
453	453	15 compounds, or any combination thereof as defined in
454	454	16 subparagraph (F) of paragraph (1) of subsection (d) of Section
455	455	17 11-501 of the Illinois Vehicle Code, and when the sentence is
456	456	18 imposed for aggravated arson if the offense was committed on
457	457	19 or after July 27, 2001 (the effective date of Public Act
458	458	20 92-176), and when the sentence is imposed for aggravated
459	459	21 driving under the influence of alcohol, other drug or drugs,
460	460	22 or intoxicating compound or compounds, or any combination
461	461	23 thereof as defined in subparagraph (C) of paragraph (1) of
462	462	24 subsection (d) of Section 11-501 of the Illinois Vehicle Code
463	463	25 committed on or after January 1, 2011 (the effective date of
464	464	26 Public Act 96-1230), the judge's statement, to be given after
465	465
466	466
467	467
468	468
469	469
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471	471
472	472
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475	475	1 pronouncing the sentence, shall include the following:
476	476	2 "The purpose of this statement is to inform the public of
477	477	3 the actual period of time this defendant is likely to spend in
478	478	4 prison as a result of this sentence. The actual period of
479	479	5 prison time served is determined by the statutes of Illinois
480	480	6 as applied to this sentence by the Illinois Department of
481	481	7 Corrections and the Illinois Prisoner Review Board. In this
482	482	8 case, the defendant is entitled to no more than 4 1/2 days of
483	483	9 sentence credit for each month of his or her sentence of
484	484	10 imprisonment. Therefore, this defendant will serve at least
485	485	11 85% of his or her sentence. Assuming the defendant receives 4
486	486	12 1/2 days credit for each month of his or her sentence, the
487	487	13 period of estimated actual custody is ... years and ...
488	488	14 months. If the defendant, because of his or her own misconduct
489	489	15 or failure to comply with the institutional regulations
490	490	16 receives lesser credit, the actual time served in prison will
491	491	17 be longer."
492	492	18 When a sentence of imprisonment is imposed for first
493	493	19 degree murder and the offense was committed on or after June
494	494	20 19, 1998, the judge's statement, to be given after pronouncing
495	495	21 the sentence, shall include the following:
496	496	22 "The purpose of this statement is to inform the public of
497	497	23 the actual period of time this defendant is likely to spend in
498	498	24 prison as a result of this sentence. The actual period of
499	499	25 prison time served is determined by the statutes of Illinois
500	500	26 as applied to this sentence by the Illinois Department of
501	501
502	502
503	503
504	504
505	505
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507	507
508	508
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510	510	HB3225 - 14 - LRB103 30130 AWJ 56554 b
511	511	1 Corrections and the Illinois Prisoner Review Board. In this
512	512	2 case, the defendant is not entitled to sentence credit.
513	513	3 Therefore, this defendant will serve 100% of his or her
514	514	4 sentence."
515	515	5 When the sentencing order recommends placement in a
516	516	6 substance abuse program for any offense that results in
517	517	7 incarceration in a Department of Corrections facility and the
518	518	8 crime was committed on or after September 1, 2003 (the
519	519	9 effective date of Public Act 93-354), the judge's statement,
520	520	10 in addition to any other judge's statement required under this
521	521	11 Section, to be given after pronouncing the sentence, shall
522	522	12 include the following:
523	523	13 "The purpose of this statement is to inform the public of
524	524	14 the actual period of time this defendant is likely to spend in
525	525	15 prison as a result of this sentence. The actual period of
526	526	16 prison time served is determined by the statutes of Illinois
527	527	17 as applied to this sentence by the Illinois Department of
528	528	18 Corrections and the Illinois Prisoner Review Board. In this
529	529	19 case, the defendant shall receive no earned sentence credit
530	530	20 under clause (3) of subsection (a) of Section 3-6-3 until he or
531	531	21 she participates in and completes a substance abuse treatment
532	532	22 program or receives a waiver from the Director of Corrections
533	533	23 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
534	534	24 (c-4) Before the sentencing hearing and as part of the
535	535	25 presentence investigation under Section 5-3-1, the court shall
536	536	26 inquire of the defendant whether the defendant is currently
537	537
538	538
539	539
540	540
541	541
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543	543
544	544
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547	547	1 serving in or is a veteran of the Armed Forces of the United
548	548	2 States. If the defendant is currently serving in the Armed
549	549	3 Forces of the United States or is a veteran of the Armed Forces
550	550	4 of the United States and has been diagnosed as having a mental
551	551	5 illness by a qualified psychiatrist or clinical psychologist
552	552	6 or physician, the court may:
553	553	7 (1) order that the officer preparing the presentence
554	554	8 report consult with the United States Department of
555	555	9 Veterans Affairs, Illinois Department of Veterans'
556	556	10 Affairs, or another agency or person with suitable
557	557	11 knowledge or experience for the purpose of providing the
558	558	12 court with information regarding treatment options
559	559	13 available to the defendant, including federal, State, and
560	560	14 local programming; and
561	561	15 (2) consider the treatment recommendations of any
562	562	16 diagnosing or treating mental health professionals
563	563	17 together with the treatment options available to the
564	564	18 defendant in imposing sentence.
565	565	19 A person's veteran status shall not be used by the court to
566	566	20 enhance the person's sentence.
567	567	21 For the purposes of this subsection (c-4), "qualified
568	568	22 psychiatrist" means a reputable physician licensed in Illinois
569	569	23 to practice medicine in all its branches, who has specialized
570	570	24 in the diagnosis and treatment of mental and nervous disorders
571	571	25 for a period of not less than 5 years.
572	572	26 (c-6) In imposing a sentence, the trial judge shall
573	573
574	574
575	575
576	576
577	577
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579	579
580	580
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583	583	1 specify, on the record, the particular evidence and other
584	584	2 reasons which led to his or her determination that a motor
585	585	3 vehicle was used in the commission of the offense.
586	586	4 (c-7) In imposing a sentence for a Class 3 or 4 felony,
587	587	5 other than a violent crime as defined in Section 3 of the
588	588	6 Rights of Crime Victims and Witnesses Act, the court shall
589	589	7 determine and indicate in the sentencing order whether the
590	590	8 defendant has 4 or more or fewer than 4 months remaining on his
591	591	9 or her sentence accounting for time served.
592	592	10 (d) When the defendant is committed to the Department of
593	593	11 Corrections, the State's Attorney shall and counsel for the
594	594	12 defendant may file a statement with the clerk of the court to
595	595	13 be transmitted to the department, agency or institution to
596	596	14 which the defendant is committed to furnish such department,
597	597	15 agency or institution with the facts and circumstances of the
598	598	16 offense for which the person was committed together with all
599	599	17 other factual information accessible to them in regard to the
600	600	18 person prior to his commitment relative to his habits,
601	601	19 associates, disposition and reputation and any other facts and
602	602	20 circumstances which may aid such department, agency or
603	603	21 institution during its custody of such person. The clerk shall
604	604	22 within 10 days after receiving any such statements transmit a
605	605	23 copy to such department, agency or institution and a copy to
606	606	24 the other party, provided, however, that this shall not be
607	607	25 cause for delay in conveying the person to the department,
608	608	26 agency or institution to which he has been committed.
609	609
610	610
611	611
612	612
613	613
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615	615
616	616
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619	619	1 (e) The clerk of the court shall transmit to the
620	620	2 department, agency or institution, if any, to which the
621	621	3 defendant is committed, the following:
622	622	4 (1) the sentence imposed;
623	623	5 (2) any statement by the court of the basis for
624	624	6 imposing the sentence;
625	625	7 (3) any presentence reports;
626	626	8 (3.5) any sex offender evaluations;
627	627	9 (3.6) any substance abuse treatment eligibility
628	628	10 screening and assessment of the defendant by an agent
629	629	11 designated by the State of Illinois to provide assessment
630	630	12 services for the Illinois courts;
631	631	13 (4) the number of days, if any, which the defendant
632	632	14 has been in custody and for which he is entitled to credit
633	633	15 against the sentence, which information shall be provided
634	634	16 to the clerk by the sheriff;
635	635	17 (4.1) any finding of great bodily harm made by the
636	636	18 court with respect to an offense enumerated in subsection
637	637	19 (c-1);
638	638	20 (5) all statements filed under subsection (d) of this
639	639	21 Section;
640	640	22 (6) any medical or mental health records or summaries
641	641	23 of the defendant;
642	642	24 (7) the municipality where the arrest of the offender
643	643	25 or the commission of the offense has occurred, where such
644	644	26 municipality has a population of more than 25,000 persons;
645	645
646	646
647	647
648	648
649	649
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651	651
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655	655	1 (8) all statements made and evidence offered under
656	656	2 paragraph (7) of subsection (a) of this Section; and
657	657	3 (9) all additional matters which the court directs the
658	658	4 clerk to transmit.
659	659	5 (f) In cases in which the court finds that a motor vehicle
660	660	6 was used in the commission of the offense for which the
661	661	7 defendant is being sentenced, the clerk of the court shall,
662	662	8 within 5 days thereafter, forward a report of such conviction
663	663	9 to the Secretary of State.
664	664	10 (Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
665	665	11 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
666	666	12 Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
667	667	13 Section 25. The County Jail Act is amended by adding
668	668	14 Section 26.2 as follows:
669	669	15 (730 ILCS 125/26.2 new)
670	670	16 Sec. 26.2. Veteran prisoners.
671	671	17 (a) As used in this Section, "veteran" has the meaning
672	672	18 given to that term in Section 4 of the Illinois Veteran, Youth,
673	673	19 and Young Adult Conservation Jobs Act.
674	674	20 (b) A facility may not classify a prisoner as more
675	675	21 dangerous or otherwise treat the prisoner less favorably than
676	676	22 other inmates due to the fact that the prisoner is a veteran or
677	677	23 a combat veteran.
678	678	24 (c) Each jail shall make available to all veterans within
679	679
680	680
681	681
682	682
683	683
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685	685
686	686
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689	689	1 the jail resources available to those inmates because of their
690	690	2 veteran status, including benefits provided by the U.S.
691	691	3 Department of Veterans Affairs, the Illinois Department of
692	692	4 Veterans' Affairs, and other, non-VA benefits.
693	693	5 Section 30. The Code of Civil Procedure is amended by
694	694	6 adding Part 30 of Article VIII as follows:
695	695	7 (735 ILCS 5/Art. VIII Pt. 30 heading new)
696	696	8 Part 30. Veteran Status
697	697	9 (735 ILCS 5/8-3001 new)
698	698	10 Sec. 8-3001. Admissibility of evidence; veteran status.
699	699	11 (a) As used in this Section, "veteran" has the meaning
700	700	12 given to that term in Section 4 of the Illinois Veteran, Youth,
701	701	13 and Young Adult Conservation Jobs Act.
702	702	14 (b) Except as provided in subsection (c), evidence related
703	703	15 to a person's veteran status is not admissible in any civil
704	704	16 proceeding.
705	705	17 (c) Evidence otherwise inadmissible under this Section is
706	706	18 admissible if:
707	707	19 (1) it is essential to prove an element of a claim or
708	708	20 an affirmative defense;
709	709	21 (2) it is offered to prove an interest or bias of a
710	710	22 witness, if it does not cause confusion of the issues or
711	711	23 mislead the trier of fact, and the probative value of the
712	712
713	713
714	714
715	715
716	716
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718	718
719	719
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722	722	1 evidence outweighs its prejudicial nature; or
723	723	2 (3) a person or his or her attorney voluntarily
724	724	3 reveals his or her veteran status to the court.
725	725	4 (d) A party intending to offer evidence relating to a
726	726	5 person's veteran status shall file a written motion at least
727	727	6 14 days before a hearing or a trial specifically describing
728	728	7 the evidence and stating the purpose for which it is offered. A
729	729	8 court, for good cause, may require a different time for filing
730	730	9 or permit filing during trial.
731	731	10 Upon receipt of the motion and notice to all parties, the
732	732	11 court shall conduct an in camera hearing, with counsel
733	733	12 present, limited to review of the probative value of the
734	734	13 person's veteran status to the case. If the court finds that
735	735	14 the evidence relating to a person's veteran status meets the
736	736	15 criteria set forth in paragraph (1), (2), or (3) of subsection
737	737	16 (c), the court shall make findings of fact and conclusions of
738	738	17 law regarding the permitted use of the evidence.
739	739	18 The motion, related papers, and the record of the hearing
740	740	19 shall be sealed and remain under seal unless the court orders
741	741	20 otherwise.
742	742
743	743
744	744
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746	746
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