Bill Text: IL HB0430 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a defendant who has been convicted of a non-violent offense which is classified as a Class 3 felony or a Class 4 felony and who has not been previously convicted of a felony or misdemeanor may petition the court to be sentenced to a Class A misdemeanor. Provides that the court may grant the motion after considering the circumstances of the offense, and the history, character, and condition of the offender, and if the court is of the opinion that: (1) the defendant is not likely to commit further crimes; (2) the defendant and the public would be best served if the defendant were not to receive a felony sentence; and (3) in the best interests of justice a sentence of a Class A misdemeanor is more appropriate than a sentence for a Class 3 felony or a Class 4 felony. Provides that if the court grants the motion, the court shall sentence the defendant to a Class A misdemeanor. Provides that this sentencing provision may occur only once with respect to any person. Defines "non-violent offense".

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0430 Detail]

Download: Illinois-2015-HB0430-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0430 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-52 new
Amends the Unified Code of Corrections. Provides that a defendant who has been convicted of a non-violent offense which is classified as a Class 3 felony or a Class 4 felony and who has not been previously convicted of a felony or misdemeanor may petition the court to be sentenced to a Class A misdemeanor. Provides that the court may grant the motion after considering the circumstances of the offense, and the history, character, and condition of the offender, and if the court is of the opinion that: (1) the defendant is not likely to commit further crimes; (2) the defendant and the public would be best served if the defendant were not to receive a felony sentence; and (3) in the best interests of justice a sentence of a Class A misdemeanor is more appropriate than a sentence for a Class 3 felony or a Class 4 felony. Provides that if the court grants the motion, the court shall sentence the defendant to a Class A misdemeanor. Provides that this sentencing provision may occur only once with respect to any person. Defines "non-violent offense".
LRB099 00219 RLC 20229 b
A BILL FOR
HB0430 LRB099 00219 RLC 20229 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-4.5-40 and 5-4.5-45 and by adding Section
5-4.5-52 as follows:
(730 ILCS 5/5-4.5-40)
Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. Except as
provided in Section 5-4.5-52, for For a Class 3 felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 2 years and not more than
5 years. The sentence of imprisonment for an extended term
Class 3 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 5 years and not more
than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.

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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as

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provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.
(Source: P.A. 97-697, eff. 6-22-12.)
(730 ILCS 5/5-4.5-45)
Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. Except as
provided in Section 5-4.5-52, for For a Class 4 felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than one year and not more
than 3 years. The sentence of imprisonment for an extended term
Class 4 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 3 years and not more
than 6 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation

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or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.
(Source: P.A. 97-697, eff. 6-22-12.)

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(730 ILCS 5/5-4.5-52 new)
Sec. 5-4.5-52. SENTENCE PROVISIONS; NON-VIOLENT CLASS 3
AND 4 FELONIES.
(a) In this Section, "non-violent offense" means an offense
that is not a crime of violence as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act.
(b) A defendant who has been convicted of a non-violent
offense which is classified as a Class 3 felony or a Class 4
felony and who has not been previously convicted of a felony or
misdemeanor may petition the court to be sentenced to a Class A
misdemeanor. The court may grant the motion after considering
the circumstances of the offense, and the history, character,
and condition of the offender, and if the court is of the
opinion that:
(1) the defendant is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a felony sentence; and
(3) in the best interests of justice a sentence of a
Class A misdemeanor is more appropriate than a sentence for
a Class 3 felony or a Class 4 felony.
(c) If the court grants the motion, the court shall
sentence the defendant to a Class A misdemeanor with penalties
as provided in Section 5-4.5-55 of this Code.
(d) The sentencing provision under this Section may occur

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only once with respect to any person.