Sen. Scott M. Bennett
Filed: 4/1/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 765




2 AMENDMENT NO. ______. Amend Senate Bill 765 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Section 5-6-3.6 as follows:

6 (730 ILCS 5/5-6-3.6)
7 (Section scheduled to be repealed on January 1, 2023)
8 Sec. 5-6-3.6. First Time Weapon Offender Program.
9 (a) The General Assembly has sought to promote public 
10safety, reduce recidivism, and conserve valuable resources of 
11the criminal justice system through the creation of diversion 
12programs for non-violent offenders. This amendatory Act of the 
13100th General Assembly establishes a pilot program for 
14first-time, non-violent offenders charged with certain weapons 
15offenses. The General Assembly recognizes some persons, 
16particularly young adults in areas of high crime or poverty, 
 
 
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1may have experienced trauma that contributes to poor decision 
2making skills, and the creation of a diversionary program 
3poses a greater benefit to the community and the person than 
4incarceration. Under this program, a court, with the consent 
5of the defendant and the State's Attorney, may sentence a 
6defendant charged with an unlawful use of weapons offense 
7under Section 24-1 of the Criminal Code of 2012 or aggravated 
8unlawful use of a weapon offense under Section 24-1.6 of the 
9Criminal Code of 2012, if punishable as a Class 4 felony or 
10lower, to a First Time Weapon Offender Program.
11 (b) A defendant is not eligible for this Program if:
12  (1) the offense was committed during the commission of 
13 a violent offense as defined in subsection (h) of this 
14 Section;
15  (2) he or she has previously been convicted or placed 
16 on probation or conditional discharge for any violent 
17 offense under the laws of this State, the laws of any other 
18 state, or the laws of the United States;
19  (3) he or she had a prior successful completion of the 
20 First Time Weapon Offender Program under this Section;
21  (4) he or she has previously been adjudicated a 
22 delinquent minor for the commission of a violent offense;
23  (5) he or she is 21 years of age or older; or
24  (6) he or she has an existing order of protection 
25 issued against him or her.
26 (b-5) In considering whether a defendant shall be 
 
 
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1sentenced to the First Time Weapon Offender Program, the court 
2shall consider the following:
3  (1) the age, immaturity, or limited mental capacity of 
4 the defendant;
5  (2) the nature and circumstances of the offense;
6  (3) whether participation in the Program is in the 
7 interest of the defendant's rehabilitation, including any 
8 employment or involvement in community, educational, 
9 training, or vocational programs;
10  (4) whether the defendant suffers from trauma, as 
11 supported by documentation or evaluation by a licensed 
12 professional; and
13  (5) the potential risk to public safety. 
14 (c) For an offense committed on or after the effective 
15date of this amendatory Act of the 100th General Assembly and 
16before January 1, 2023, whenever an eligible person pleads 
17guilty to an unlawful use of weapons offense under Section 
1824-1 of the Criminal Code of 2012 or aggravated unlawful use of 
19a weapon offense under Section 24-1.6 of the Criminal Code of 
202012, which is punishable as a Class 4 felony or lower, the 
21court, with the consent of the defendant and the State's 
22Attorney, may, without entering a judgment, sentence the 
23defendant to complete the First Time Weapon Offender Program. 
24When a defendant is placed in the Program, the court shall 
25defer further proceedings in the case until the conclusion of 
26the period or until the filing of a petition alleging 
 
 
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1violation of a term or condition of the Program. Upon 
2violation of a term or condition of the Program, the court may 
3enter a judgment on its original finding of guilt and proceed 
4as otherwise provided by law. Upon fulfillment of the terms 
5and conditions of the Program, the court shall discharge the 
6person and dismiss the proceedings against the person.
7 (d) The Program shall be at least 18 months and not to 
8exceed 24 months, as determined by the court at the 
9recommendation of the Program program administrator and the 
10State's Attorney. The Program administrator may be appointed 
11by the Chief Judge of each Judicial Circuit. 
12 (e) The conditions of the Program shall be that the 
13defendant:
14  (1) not violate any criminal statute of this State or 
15 any other jurisdiction;
16  (2) refrain from possessing a firearm or other 
17 dangerous weapon;
18  (3) obtain or attempt to obtain employment;
19  (4) attend educational courses designed to prepare the 
20 defendant for obtaining a high school diploma or to work 
21 toward passing high school equivalency testing or to work 
22 toward completing a vocational training program;
23  (5) refrain from having in his or her body the 
24 presence of any illicit drug prohibited by the 
25 Methamphetamine Control and Community Protection Act, the 
26 Cannabis Control Act, or the Illinois Controlled 
 
 
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1 Substances Act, unless prescribed by a physician, and 
2 submit samples of his or her blood or urine or both for 
3 tests to determine the presence of any illicit drug;
4  (6) perform a minimum of 50 hours of community 
5 service;
6  (7) attend and participate in any Program activities 
7 deemed required by the Program administrator, including 
8 but not limited to: counseling sessions, in-person and 
9 over the phone check-ins, and educational classes; and
10  (8) pay all fines, assessments, fees, and costs.
11 (f) The Program may, in addition to other conditions, 
12require that the defendant:
13  (1) wear an ankle bracelet with GPS tracking;
14  (2) undergo medical or psychiatric treatment, or 
15 treatment or rehabilitation approved by the Department of 
16 Human Services; and
17  (3) attend or reside in a facility established for the 
18 instruction or residence of defendants on probation.
19 (g) There may be only one discharge and dismissal under 
20this Section. If a person is convicted of any offense which 
21occurred within 5 years subsequent to a discharge and 
22dismissal under this Section, the discharge and dismissal 
23under this Section shall be admissible in the sentencing 
24proceeding for that conviction as evidence in aggravation.
25 (h) For purposes of this Section, "violent offense" means 
26any offense in which bodily harm was inflicted or force was 
 
 
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1used against any person or threatened against any person; any 
2offense involving the possession of a firearm or dangerous 
3weapon; any offense involving sexual conduct, sexual 
4penetration, or sexual exploitation; violation of an order of 
5protection, stalking, hate crime, domestic battery, or any 
6offense of domestic violence.
7 (i) This Section is repealed on January 1, 2023. 

8(Source: P.A. 100-3, eff. 1-1-18.)


9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".