IL
Illinois Senate Bill SB3416

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3416 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3416 Introduced 2/8/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1730 ILCS 167/31 new Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence. LRB103 39005 RLC 69142 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3416 Introduced 2/8/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1730 ILCS 167/31 new 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1 730 ILCS 167/31 new Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence. LRB103 39005 RLC 69142 b LRB103 39005 RLC 69142 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3416 Introduced 2/8/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1730 ILCS 167/31 new 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1 730 ILCS 167/31 new
44 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
55 730 ILCS 167/31 new
66 Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Unified Code of Corrections is amended by
1616 5 changing Section 5-5-3.1 as follows:
1717 6 (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
1818 7 Sec. 5-5-3.1. Factors in mitigation.
1919 8 (a) The following grounds shall be accorded weight in
2020 9 favor of withholding or minimizing a sentence of imprisonment:
2121 10 (1) The defendant's criminal conduct neither caused
2222 11 nor threatened serious physical harm to another.
2323 12 (2) The defendant did not contemplate that his
2424 13 criminal conduct would cause or threaten serious physical
2525 14 harm to another.
2626 15 (3) The defendant acted under a strong provocation.
2727 16 (4) There were substantial grounds tending to excuse
2828 17 or justify the defendant's criminal conduct, though
2929 18 failing to establish a defense.
3030 19 (5) The defendant's criminal conduct was induced or
3131 20 facilitated by someone other than the defendant.
3232 21 (6) The defendant has compensated or will compensate
3333 22 the victim of his criminal conduct for the damage or
3434 23 injury that he sustained.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3416 Introduced 2/8/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
3939 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1730 ILCS 167/31 new 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1 730 ILCS 167/31 new
4040 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
4141 730 ILCS 167/31 new
4242 Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.
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7171 1 (7) The defendant has no history of prior delinquency
7272 2 or criminal activity or has led a law-abiding life for a
7373 3 substantial period of time before the commission of the
7474 4 present crime.
7575 5 (8) The defendant's criminal conduct was the result of
7676 6 circumstances unlikely to recur.
7777 7 (9) The character and attitudes of the defendant
7878 8 indicate that he is unlikely to commit another crime.
7979 9 (10) The defendant is particularly likely to comply
8080 10 with the terms of a period of probation.
8181 11 (11) (Blank).
8282 12 (12) The imprisonment of the defendant would endanger
8383 13 his or her medical condition.
8484 14 (13) The defendant was a person with an intellectual
8585 15 disability as defined in Section 5-1-13 of this Code.
8686 16 (14) The defendant sought or obtained emergency
8787 17 medical assistance for an overdose and was convicted of a
8888 18 Class 3 felony or higher possession, manufacture, or
8989 19 delivery of a controlled, counterfeit, or look-alike
9090 20 substance or a controlled substance analog under the
9191 21 Illinois Controlled Substances Act or a Class 2 felony or
9292 22 higher possession, manufacture or delivery of
9393 23 methamphetamine under the Methamphetamine Control and
9494 24 Community Protection Act.
9595 25 (15) At the time of the offense, the defendant is or
9696 26 had been the victim of domestic violence and the effects
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107107 1 of the domestic violence tended to excuse or justify the
108108 2 defendant's criminal conduct. As used in this paragraph
109109 3 (15), "domestic violence" means abuse as defined in
110110 4 Section 103 of the Illinois Domestic Violence Act of 1986.
111111 5 (16) At the time of the offense, the defendant was
112112 6 suffering from a serious mental illness which, though
113113 7 insufficient to establish the defense of insanity,
114114 8 substantially affected his or her ability to understand
115115 9 the nature of his or her acts or to conform his or her
116116 10 conduct to the requirements of the law.
117117 11 (17) At the time of the offense, the defendant was
118118 12 suffering from post-partum depression or post-partum
119119 13 psychosis which was either undiagnosed or untreated, or
120120 14 both, and this temporary mental illness tended to excuse
121121 15 or justify the defendant's criminal conduct and the
122122 16 defendant has been diagnosed as suffering from post-partum
123123 17 depression or post-partum psychosis, or both, by a
124124 18 qualified medical person and the diagnoses or testimony,
125125 19 or both, was not used at trial. In this paragraph (17):
126126 20 "Post-partum depression" means a mood disorder
127127 21 which strikes many women during and after pregnancy
128128 22 which usually occurs during pregnancy and up to 12
129129 23 months after delivery. This depression can include
130130 24 anxiety disorders.
131131 25 "Post-partum psychosis" means an extreme form of
132132 26 post-partum depression which can occur during
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143143 1 pregnancy and up to 12 months after delivery. This can
144144 2 include losing touch with reality, distorted thinking,
145145 3 delusions, auditory and visual hallucinations,
146146 4 paranoia, hyperactivity and rapid speech, or mania.
147147 5 (18) The defendant is pregnant or is the parent of a
148148 6 child or infant whose well-being will be negatively
149149 7 affected by the parent's absence. Circumstances to be
150150 8 considered in assessing this factor in mitigation include:
151151 9 (A) that the parent is breastfeeding the child;
152152 10 (B) the age of the child, with strong
153153 11 consideration given to avoid disruption of the
154154 12 caregiving of an infant, pre-school or school-age
155155 13 child by a parent;
156156 14 (C) the role of the parent in the day-to-day
157157 15 educational and medical needs of the child;
158158 16 (D) the relationship of the parent and the child;
159159 17 (E) any special medical, educational, or
160160 18 psychological needs of the child;
161161 19 (F) the role of the parent in the financial
162162 20 support of the child;
163163 21 (G) the likelihood that the child will be adjudged
164164 22 a dependent minor under Section 2-4 and declared a
165165 23 ward of the court under Section 2-22 of the Juvenile
166166 24 Court Act of 1987;
167167 25 (H) the best interest of the child.
168168 26 Under this Section, the defendant shall have the right
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179179 1 to present a Family Impact Statement at sentencing, which
180180 2 the court shall consider in favor of withholding or
181181 3 minimizing a sentence of imprisonment prior to imposing
182182 4 any sentence and may include testimony from family and
183183 5 community members, written statements, video, and
184184 6 documentation. Unless the court finds that the parent
185185 7 poses a significant risk to the community that outweighs
186186 8 the risk of harm from the parent's removal from the
187187 9 family, the court shall impose a sentence in accordance
188188 10 with subsection (b) that allows the parent to continue to
189189 11 care for the child or children.
190190 12 (19) The defendant serves as the caregiver for a
191191 13 relative who is ill, disabled, or elderly.
192192 14 (b) If the court, having due regard for the character of
193193 15 the offender, the nature and circumstances of the offense and
194194 16 the public interest finds that a sentence of imprisonment is
195195 17 the most appropriate disposition of the offender, or where
196196 18 other provisions of this Code mandate the imprisonment of the
197197 19 offender, the grounds listed in paragraph (a) of this
198198 20 subsection shall be considered as factors in mitigation of the
199199 21 term imposed.
200200 22 (20) The defendant is convicted of a felony and is a
201201 23 combat veteran who is a qualified service-disabled veteran
202202 24 who has been diagnosed with post-traumatic stress
203203 25 disorder.
204204 26 (Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22.)
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215215 1 Section 10. The Veterans and Servicemembers Court
216216 2 Treatment Act is amended by adding Section 31 as follows:
217217 3 (730 ILCS 167/31 new)
218218 4 Sec. 31. Combat veterans; post-traumatic stress disorder.
219219 5 (a) In this Section:
220220 6 "Ambulance services" includes medical transportation
221221 7 services provided by means of an ambulance, helicopter,
222222 8 medi-car, service car, or taxi.
223223 9 "Combat veteran" means an Illinois resident who is, or who
224224 10 was honorably discharged as, a member of the Armed Forces of
225225 11 the United States, a member of the Illinois National Guard, or
226226 12 a member of any reserve component of the Armed Forces of the
227227 13 United States and who served on active duty in connection with
228228 14 World War II, the Korean War, Southeast Asia War, Persian Gulf
229229 15 War, Operation Desert Storm, Operation Enduring Freedom,
230230 16 Operation Iraqi Freedom or Operation Iraqi Freedom, or any
231231 17 other foreign military action authorized by the President of
232232 18 the United States, or in which a declaration of war was
233233 19 declared by the Congress of the United States and enacted into
234234 20 law.
235235 21 "Law enforcement agency" means an agency of the State or
236236 22 of a unit of local government charged with enforcement of
237237 23 State, county, or municipal laws or with managing custody of
238238 24 detained persons in the State.
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249249 1 "Peace officer" has the meaning ascribed to the term in
250250 2 Section 2-13 of the Criminal Code of 2012.
251251 3 "Post-traumatic stress disorder" means a condition of
252252 4 persistent mental and emotional stress occurring as a result
253253 5 of injury or severe psychological shock, typically involving
254254 6 disturbance of sleep and constant vivid recall of the
255255 7 experience, with dulled responses to others and to the outside
256256 8 world.
257257 9 "Qualified service-disabled veteran" means a veteran who
258258 10 has been found to have 10% or more service-connected
259259 11 disability by the United States Department of Veterans Affairs
260260 12 or the United States Department of Defense.
261261 13 (b) If a combat veteran who is a qualified
262262 14 service-disabled veteran is believed to have committed an
263263 15 offense or is in need of assistance as a result of a suspected
264264 16 incidence of post-traumatic stress disorder, a peace officer
265265 17 or an ambulance service shall transport the veteran to a
266266 18 Department of Veterans Affairs' hospital to be evaluated by a
267267 19 physician, psychiatrist, or clinical psychologist, or other
268268 20 medical professional that the hospital deems qualified to
269269 21 determine whether the veteran is a danger to himself, herself,
270270 22 or others.
271271 23 (c) If it is determined by the hospital staff who
272272 24 evaluated the veteran that the veteran is not a danger to
273273 25 himself, herself, or others, the person shall be released
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