Sen. Ram Villivalam
Filed: 5/24/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 424




2 AMENDMENT NO. ______. Amend Senate Bill 424 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7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 5-6-3.6. First Time Weapon Offense 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 
13103rd General Assembly amendatory Act of the 100th General 
14Assembly establishes a pilot program for first-time, 
15non-violent offenders charged with certain weapons possession 
16offenses. The General Assembly recognizes some persons, 
 
 
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1particularly young adults in areas of high crime or poverty, 
2may have experienced trauma that contributes to poor decision 
3making skills, and the creation of a diversionary program 
4poses a greater benefit to the community and the person than 
5incarceration. Under this program, a court, with the consent 
6of the defendant and the State's Attorney, may sentence a 
7defendant charged with an unlawful use of weapons offense 
8under Section 24-1 of the Criminal Code of 2012 or aggravated 
9unlawful use of a weapon offense under Section 24-1.6 of the 
10Criminal Code of 2012, if punishable as a Class 4 felony or 
11lower, to a First Time Weapon Offense Offender Program.
12 (b) A defendant is not eligible for this Program if:
13  (1) the offense was committed during the commission of 
14 a violent offense as defined in subsection (h) of this 
15 Section;
16  (2) he or she has previously been convicted or placed 
17 on probation or conditional discharge for any violent 
18 offense under the laws of this State, the laws of any other 
19 state, or the laws of the United States;
20  (3) he or she had a prior successful completion of the 
21 First Time Weapon Offense Offender Program under this 
22 Section;
23  (4) he or she has previously been adjudicated a 
24 delinquent minor for the commission of a violent offense;
25  (5) (blank); or he or she is 21 years of age or older; 
26 or
 
 
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1  (6) he or she has an existing order of protection 
2 issued against him or her.
3 (b-5) In considering whether a defendant shall be 
4sentenced to the First Time Weapon Offense Offender Program, 
5the court shall consider the following:
6  (1) the age, immaturity, or limited mental capacity of 
7 the defendant;
8  (2) the nature and circumstances of the offense;
9  (3) whether participation in the Program is in the 
10 interest of the defendant's rehabilitation, including any 
11 employment or involvement in community, educational, 
12 training, or vocational programs;
13  (4) whether the defendant suffers from trauma, as 
14 supported by documentation or evaluation by a licensed 
15 professional; and
16  (5) the potential risk to public safety. 
17 (c) For an offense committed on or after January 1, 2018 
18(the effective date of Public Act 100-3) and before January 1, 
192024, whenever an eligible person pleads guilty to an unlawful 
20use of weapons offense under Section 24-1 of the Criminal Code 
21of 2012 or aggravated unlawful use of a weapon offense under 
22Section 24-1.6 of the Criminal Code of 2012, which is 
23punishable as a Class 4 felony or lower, the court, with the 
24consent of the defendant and the State's Attorney, may, 
25without entering a judgment, sentence the defendant to 
26complete the First Time Weapon Offense Offender Program. When 
 
 
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1a defendant is placed in the Program, the court shall defer 
2further proceedings in the case until the conclusion of the 
3period or until the filing of a petition alleging violation of 
4a term or condition of the Program. Upon violation of a term or 
5condition of the Program, the court may enter a judgment on its 
6original finding of guilt and proceed as otherwise provided by 
7law. Upon fulfillment of the terms and conditions of the 
8Program, the court shall discharge the person and dismiss the 
9proceedings against the person.
10 (d) The Program shall be at least 6 18 months and not to 
11exceed 18 24 months, as determined by the court at the 
12recommendation of the Program administrator and the State's 
13Attorney. The Program administrator may be appointed by the 
14Chief Judge of each Judicial Circuit. 
15 (e) The conditions of the Program shall be that the 
16defendant:
17  (1) not violate any criminal statute of this State or 
18 any other jurisdiction;
19  (2) refrain from possessing a firearm or other 
20 dangerous weapon;
21  (3) (blank); obtain or attempt to obtain employment;
22  (4) (blank); attend educational courses designed to 
23 prepare the defendant for obtaining a high school diploma 
24 or to work toward passing high school equivalency testing 
25 or to work toward completing a vocational training 
26 program;
 
 
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1  (5) (blank); refrain from having in his or her body 
2 the presence of any illicit drug prohibited by the 
3 Methamphetamine Control and Community Protection Act, the 
4 Cannabis Control Act, or the Illinois Controlled 
5 Substances Act, unless prescribed by a physician, and 
6 submit samples of his or her blood or urine or both for 
7 tests to determine the presence of any illicit drug;
8  (6) (blank); perform a minimum of 50 hours of 
9 community service;
10  (7) attend and participate in any Program activities 
11 deemed required by the Program administrator, such as 
12 including but not limited to: counseling sessions, 
13 in-person and over the phone check-ins, and educational 
14 classes; and
15  (8) (blank). pay all fines, assessments, fees, and 
16 costs.
17 (f) The Program may, in addition to other conditions, 
18require that the defendant:
19  (1) obtain or attempt to obtain employment wear an 
20 ankle bracelet with GPS tracking;
21  (2) attend educational courses designed to prepare the

22 defendant for obtaining a high school diploma or to work

23 toward passing high school equivalency testing or to work

24 toward completing a vocational training program undergo 
25 medical or psychiatric treatment, or treatment or 
26 rehabilitation approved by the Department of Human 
 
 
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1 Services; and
2  (3) refrain from having in his or her body the 
3 presence of any illicit drug prohibited by the

4 Methamphetamine Control and Community Protection Act
or 
5 the Illinois Controlled Substances Act, unless prescribed 
6 by a physician, and submit samples of his or her blood or 
7 urine or both for tests to determine the presence of any 
8 illicit drug; 
9  (4) perform community service; attend or reside in a 
10 facility established for the instruction or residence of 
11 defendants on probation.
12  (5) pay all fines, assessments, fees, and costs; and
13  (6) comply with such other reasonable conditions as 
14 the court may impose. 
15 (g) There may be only one discharge and dismissal under 
16this Section. If a person is convicted of any offense which 
17occurred within 5 years subsequent to a discharge and 
18dismissal under this Section, the discharge and dismissal 
19under this Section shall be admissible in the sentencing 
20proceeding for that conviction as evidence in aggravation.
21 (h) For purposes of this Section, "violent offense" means 
22any offense in which bodily harm was inflicted or force was 
23used against any person or threatened against any person; any 
24offense involving the possession of a firearm or dangerous 
25weapon; any offense involving sexual conduct, sexual 
26penetration, or sexual exploitation; violation of an order of 
 
 
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1protection, stalking, hate crime, domestic battery, or any 
2offense of domestic violence.
3 (i) (Blank). This Section is repealed on January 1, 2024. 

4(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)


5 Section 99. Effective date. This Act takes effect July 1, 
62023.".