Rep. Terri Bryant
Filed: 4/4/2019
 
 


 




10100HB3168ham001LRB101 08304 SLF 59099 a



1
AMENDMENT TO HOUSE BILL 3168 




2 AMENDMENT NO. ______. Amend House Bill 3168 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Sections 5-3-2 and 5-4-1 as follows:

6 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)


7 Sec. 5-3-2. Presentence Report.

8 (a) In felony cases, the presentence
report shall set 
9forth:


10  (1) the defendant's history of delinquency or 
11 criminality,
physical and mental history and condition, 
12 family situation and
background, economic status, 
13 education, occupation and personal habits;


14  (2) information about special resources within the 
15 community
which might be available to assist the 
16 defendant's rehabilitation,
including treatment centers, 
 
 
10100HB3168ham001- 2 -LRB101 08304 SLF 59099 a


1 residential facilities, vocational
training services, 
2 correctional manpower programs, employment
opportunities, 
3 special educational programs, alcohol and drug
abuse 
4 programming, psychiatric and marriage counseling, and 
5 other
programs and facilities which could aid the 
6 defendant's successful
reintegration into society;


7  (3) the effect the offense committed has had upon the 
8 victim or
victims thereof, and any compensatory benefit 
9 that various
sentencing alternatives would confer on such 
10 victim or victims;


11  (3.5) information provided by the victim's spouse, 
12 guardian, parent, grandparent, and other immediate family 
13 and household members about the effect the offense 
14 committed has had on the victim and on the person providing 
15 the information; if the victim's spouse, guardian, parent, 
16 grandparent, or other immediate family or household member 
17 has provided a written statement, the statement shall be 
18 attached to the report; 
19  (4) information concerning the defendant's status 
20 since arrest,
including his record if released on his own 
21 recognizance, or the
defendant's achievement record if 
22 released on a conditional
pre-trial supervision program;


23  (5) when appropriate, a plan, based upon the personal, 
24 economic
and social adjustment needs of the defendant, 
25 utilizing public and
private community resources as an 
26 alternative to institutional
sentencing;


 
 
10100HB3168ham001- 3 -LRB101 08304 SLF 59099 a


1  (6) any other matters that the investigatory officer 
2 deems
relevant or the court directs to be included; and


3  (7) information concerning defendant's eligibility for 
4 a sentence to a
county impact incarceration program under 
5 Section 5-8-1.2 of this Code; and .


6  (8) information concerning defendant's eligibility for 
7 a sentence to an impact incarceration program administered 
8 by the Department under Section 5-8-1.1. 
9 (b) The investigation shall include a physical and mental

10examination of the defendant when so ordered by the court. If

11the court determines that such an examination should be made, 
12it
shall issue an order that the defendant submit to 
13examination at
such time and place as designated by the court 
14and that such
examination be conducted by a physician, 
15psychologist or
psychiatrist designated by the court. Such an 
16examination may
be conducted in a court clinic if so ordered by 
17the court. The
cost of such examination shall be paid by the 
18county in which
the trial is held.


19 (b-5) In cases involving felony sex offenses in which the 
20offender is being considered for probation only or any felony 
21offense that is
sexually motivated as defined in the Sex 
22Offender Management Board Act in which the offender is being 
23considered for probation only, the
investigation shall include 
24a sex offender evaluation by an evaluator approved
by the Board 
25and conducted in conformance with the standards developed under

26the Sex Offender Management Board Act. In cases in which the 
 
 
10100HB3168ham001- 4 -LRB101 08304 SLF 59099 a


1offender is being considered for any mandatory prison sentence, 
2the investigation shall not include a sex offender evaluation.


3 (c) In misdemeanor, business offense or petty offense 
4cases, except as
specified in subsection (d) of this Section, 
5when a presentence report has
been ordered by the court, such 
6presentence report shall contain
information on the 
7defendant's history of delinquency or criminality and
shall 
8further contain only those matters listed in any of paragraphs 
9(1)
through (6) of subsection (a) or in subsection (b) of this 
10Section as are
specified by the court in its order for the 
11report.


12 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 
1312-30 of the Criminal
Code of 1961 or the Criminal Code of 
142012, the presentence report shall set forth
information about 
15alcohol, drug abuse, psychiatric, and marriage counseling
or 
16other treatment programs and facilities, information on the 
17defendant's
history of delinquency or criminality, and shall 
18contain those additional
matters listed in any of paragraphs 
19(1) through (6) of subsection (a) or in
subsection (b) of this 
20Section as are specified by the court.


21 (e) Nothing in this Section shall cause the defendant to be

22held without bail or to have his bail revoked for the purpose

23of preparing the presentence report or making an examination.


24(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 
2598-372, eff. 1-1-14.)



 
 
10100HB3168ham001- 5 -LRB101 08304 SLF 59099 a


1 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)


2 Sec. 5-4-1. Sentencing hearing. 

3 (a) Except when the death penalty is
sought under hearing 
4procedures otherwise specified, after a
determination of 
5guilt, a hearing shall be held to impose the sentence.
However, 
6prior to the imposition of sentence on an individual being

7sentenced for an offense based upon a charge for a violation of 
8Section
11-501 of the Illinois Vehicle Code or a similar 
9provision of a local
ordinance, the individual must undergo a 
10professional evaluation to
determine if an alcohol or other 
11drug abuse problem exists and the extent
of such a problem. 
12Programs conducting these evaluations shall be
licensed by the 
13Department of Human Services. However, if the individual is
not 
14a resident of Illinois, the court
may, in its discretion, 
15accept an evaluation from a program in the state of
such 
16individual's residence. The court shall make a specific finding 
17about whether the defendant is eligible for participation in a 
18Department impact incarceration program as provided in Section 
195-8-1.1 or 5-8-1.3, and if not, provide an explanation as to 
20why a sentence to impact incarceration is not an appropriate 
21sentence may in its sentencing order approve an
eligible 
22defendant for placement in a Department of Corrections impact

23incarceration program as provided in Section 5-8-1.1 or 
245-8-1.3. The court may in its sentencing order recommend a 
25defendant for placement in a Department of Corrections 
26substance abuse treatment program as provided in paragraph (a) 
 
 
10100HB3168ham001- 6 -LRB101 08304 SLF 59099 a


1of subsection (1) of Section 3-2-2 conditioned upon the 
2defendant being accepted in a program by the Department of 
3Corrections. At the
hearing the court
shall:

4  (1) consider the evidence, if any, received upon the 
5 trial;

6  (2) consider any presentence reports;

7  (3) consider the financial impact of incarceration 
8 based on the
financial impact statement filed with the 
9 clerk of the court by the
Department of Corrections;

10  (4) consider evidence and information offered by the 
11 parties in
aggravation and mitigation;
12  (4.5) consider substance abuse treatment, eligibility 
13 screening, and an assessment, if any, of the defendant by 
14 an agent designated by the State of Illinois to provide 
15 assessment services for the Illinois courts;


16  (5) hear arguments as to sentencing alternatives;

17  (6) afford the defendant the opportunity to make a 
18 statement in his
own behalf;

19  (7) afford the victim of a violent crime or a violation 
20 of Section
11-501 of the Illinois Vehicle Code, or a 
21 similar provision of a local
ordinance, the opportunity to 
22 present an oral or written statement, as guaranteed by 
23 Article I, Section 8.1 of the Illinois Constitution and 
24 provided in Section 6 of the Rights of Crime Victims and 
25 Witnesses Act. The court shall allow a victim to make an 
26 oral statement if the victim is present in the courtroom 
 
 
10100HB3168ham001- 7 -LRB101 08304 SLF 59099 a


1 and requests to make an oral or written statement. An oral 
2 or written statement includes the victim or a 
3 representative of the victim reading the written 
4 statement. The court may allow persons impacted by the 
5 crime who are not victims under subsection (a) of Section 3 
6 of the Rights of Crime Victims and Witnesses Act to present 
7 an oral or written statement. A victim and any person 
8 making an oral statement shall not be put under oath or 
9 subject to cross-examination. All statements offered under 
10 this paragraph
(7) shall become part of the record of the 
11 court. In this
paragraph (7), "victim of a violent crime" 
12 means a person who is a victim of a violent crime for which 
13 the defendant has been convicted after a bench or jury 
14 trial or a person who is the victim of a violent crime with 
15 which the defendant was charged and the defendant has been 
16 convicted under a plea agreement of a crime that is not a 
17 violent crime as defined in subsection (c) of 3 of the 
18 Rights of Crime Victims and Witnesses Act;
19  (7.5) afford a qualified person affected by: (i) a 
20 violation of Section 405, 405.1, 405.2, or 407 of the 
21 Illinois Controlled Substances Act or a violation of 
22 Section 55 or Section 65 of the Methamphetamine Control and 
23 Community Protection Act; or (ii) a Class 4 felony 
24 violation of Section 11-14, 11-14.3 except as described in 
25 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 
26 11-18.1, or 11-19 of the Criminal Code of 1961 or the 
 
 
10100HB3168ham001- 8 -LRB101 08304 SLF 59099 a


1 Criminal Code of 2012, committed by the defendant the 
2 opportunity to make a statement concerning the impact on 
3 the qualified person and to offer evidence in aggravation 
4 or mitigation; provided that the statement and evidence 
5 offered in aggravation or mitigation shall first be 
6 prepared in writing in conjunction with the State's 
7 Attorney before it may be presented orally at the hearing. 
8 Sworn testimony offered by the qualified person is subject 
9 to the defendant's right to cross-examine. All statements 
10 and evidence offered under this paragraph (7.5) shall 
11 become part of the record of the court. In this paragraph 
12 (7.5), "qualified person" means any person who: (i) lived 
13 or worked within the territorial jurisdiction where the 
14 offense took place when the offense took place; or (ii) is 
15 familiar with various public places within the territorial 
16 jurisdiction where the offense took place when the offense 
17 took place. "Qualified person" includes any peace officer 
18 or any member of any duly organized State, county, or 
19 municipal peace officer unit assigned to the territorial 
20 jurisdiction where the offense took place when the offense 
21 took place;

22  (8) in cases of reckless homicide afford the victim's 
23 spouse,
guardians, parents or other immediate family 
24 members an opportunity to make
oral statements;

25  (9) in cases involving a felony sex offense as defined 
26 under the Sex
Offender
Management Board Act, consider the 
 
 
10100HB3168ham001- 9 -LRB101 08304 SLF 59099 a


1 results of the sex offender evaluation
conducted pursuant 
2 to Section 5-3-2 of this Act; and

3  (10) make a finding of whether a motor vehicle was used 
4 in the commission of the offense for which the defendant is 
5 being sentenced. 
6 (b) All sentences shall be imposed by the judge based upon 
7his
independent assessment of the elements specified above and 
8any agreement
as to sentence reached by the parties. The judge 
9who presided at the
trial or the judge who accepted the plea of 
10guilty shall impose the
sentence unless he is no longer sitting 
11as a judge in that court. Where
the judge does not impose 
12sentence at the same time on all defendants
who are convicted 
13as a result of being involved in the same offense, the

14defendant or the State's Attorney may advise the sentencing 
15court of the
disposition of any other defendants who have been 
16sentenced.

17 (b-1) In imposing a sentence of imprisonment or periodic 
18imprisonment for a Class 3 or Class 4 felony for which a 
19sentence of probation or conditional discharge is an available 
20sentence, if the defendant has no prior sentence of probation 
21or conditional discharge and no prior conviction for a violent 
22crime, the defendant shall not be sentenced to imprisonment 
23before review and consideration of a presentence report and 
24determination and explanation of why the particular evidence, 
25information, factor in aggravation, factual finding, or other 
26reasons support a sentencing determination that one or more of 
 
 
10100HB3168ham001- 10 -LRB101 08304 SLF 59099 a


1the factors under subsection (a) of Section 5-6-1 of this Code 
2apply and that probation or conditional discharge is not an 
3appropriate sentence. 
4 (c) In imposing a sentence for a violent crime or for an 
5offense of
operating or being in physical control of a vehicle 
6while under the
influence of alcohol, any other drug or any 
7combination thereof, or a
similar provision of a local 
8ordinance, when such offense resulted in the
personal injury to 
9someone other than the defendant, the trial judge shall
specify 
10on the record the particular evidence, information, factors in

11mitigation and aggravation or other reasons that led to his 
12sentencing
determination. The full verbatim record of the 
13sentencing hearing shall be
filed with the clerk of the court 
14and shall be a public record.

15 (c-1) In imposing a sentence for the offense of aggravated 
16kidnapping for
ransom, home invasion, armed robbery, 
17aggravated vehicular hijacking,
aggravated discharge of a 
18firearm, or armed violence with a category I weapon
or category 
19II weapon,
the trial judge shall make a finding as to whether 
20the conduct leading to
conviction for the offense resulted in 
21great bodily harm to a victim, and
shall enter that finding and 
22the basis for that finding in the record.

23 (c-2) If the defendant is sentenced to prison, other than 
24when a sentence of
natural life imprisonment or a sentence of 
25death is imposed, at the time
the sentence is imposed the judge 
26shall
state on the record in open court the approximate period 
 
 
10100HB3168ham001- 11 -LRB101 08304 SLF 59099 a


1of time the defendant
will serve in custody according to the 
2then current statutory rules and
regulations for sentence 
3credit found in Section 3-6-3 and other related
provisions of 
4this Code. This statement is intended solely to inform the

5public, has no legal effect on the defendant's actual release, 
6and may not be
relied on by the defendant on appeal.

7 The judge's statement, to be given after pronouncing the 
8sentence, other than
when the sentence is imposed for one of 
9the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, 
10shall include the following:

11 "The purpose of this statement is to inform the public of 
12the actual period
of time this defendant is likely to spend in 
13prison as a result of this
sentence. The actual period of 
14prison time served is determined by the
statutes of Illinois as 
15applied to this sentence by the Illinois Department of

16Corrections and
the Illinois Prisoner Review Board. In this 
17case, assuming the defendant
receives all of his or her 
18sentence credit, the period of estimated actual
custody is ... 
19years and ... months, less up to 180 days additional earned 
20sentence credit. If the defendant, because of his or
her own 
21misconduct or failure to comply with the institutional 
22regulations,
does not receive those credits, the actual time 
23served in prison will be
longer. The defendant may also receive 
24an additional one-half day sentence
credit for each day of 
25participation in vocational, industry, substance abuse,
and 
26educational programs as provided for by Illinois statute."

 
 
10100HB3168ham001- 12 -LRB101 08304 SLF 59099 a


1 When the sentence is imposed for one of the offenses 
2enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
3first degree murder, and the offense was
committed on or after 
4June 19, 1998, and when the sentence is imposed for
reckless 
5homicide as defined in subsection (e) of Section 9-3 of the 
6Criminal
Code of 1961 or the Criminal Code of 2012 if the 
7offense was committed on or after January 1, 1999,
and when the 
8sentence is imposed for aggravated driving under the influence

9of alcohol, other drug or drugs, or intoxicating compound or 
10compounds, or
any combination thereof as defined in 
11subparagraph (F) of paragraph (1) of
subsection (d) of Section 
1211-501 of the Illinois Vehicle Code, and when
the sentence is 
13imposed for aggravated arson if the offense was committed
on or 
14after July 27, 2001 (the effective date of Public Act 92-176), 
15and when
the sentence is imposed for aggravated driving under 
16the influence of alcohol,
other drug or drugs, or intoxicating 
17compound or compounds, or any combination
thereof as defined in 
18subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1911-501 of the Illinois Vehicle Code committed on or after 
20January 1, 2011 (the effective date of Public Act 96-1230), the 
21judge's
statement, to be given after pronouncing the sentence, 
22shall include the
following:

23 "The purpose of this statement is to inform the public of 
24the actual period
of time this defendant is likely to spend in 
25prison as a result of this
sentence. The actual period of 
26prison time served is determined by the
statutes of Illinois as 
 
 
10100HB3168ham001- 13 -LRB101 08304 SLF 59099 a


1applied to this sentence by the Illinois Department of

2Corrections and
the Illinois Prisoner Review Board. In this 
3case,
the defendant is entitled to no more than 4 1/2 days of 
4sentence credit for
each month of his or her sentence of 
5imprisonment. Therefore, this defendant
will serve at least 85% 
6of his or her sentence. Assuming the defendant
receives 4 1/2 
7days credit for each month of his or her sentence, the period

8of estimated actual custody is ... years and ... months. If the 
9defendant,
because of his or her own misconduct or failure to 
10comply with the
institutional regulations receives lesser 
11credit, the actual time served in
prison will be longer."

12 When a sentence of imprisonment is imposed for first degree 
13murder and
the offense was committed on or after June 19, 1998, 
14the judge's statement,
to be given after pronouncing the 
15sentence, shall include the following:

16 "The purpose of this statement is to inform the public of 
17the actual period
of time this defendant is likely to spend in 
18prison as a result of this
sentence. The actual period of 
19prison time served is determined by the
statutes of Illinois as 
20applied to this sentence by the Illinois Department
of 
21Corrections and the Illinois Prisoner Review Board. In this 
22case, the
defendant is not entitled to sentence credit. 
23Therefore, this defendant
will serve 100% of his or her 
24sentence."

25 When the sentencing order recommends placement in a 
26substance abuse program for any offense that results in 
 
 
10100HB3168ham001- 14 -LRB101 08304 SLF 59099 a


1incarceration
in a Department of Corrections facility and the 
2crime was
committed on or after September 1, 2003 (the 
3effective date of Public Act
93-354), the judge's
statement, in 
4addition to any other judge's statement required under this

5Section, to be given after pronouncing the sentence, shall 
6include the
following:

7 "The purpose of this statement is to inform the public of

8the actual period of time this defendant is likely to spend in

9prison as a result of this sentence. The actual period of

10prison time served is determined by the statutes of Illinois as

11applied to this sentence by the Illinois Department of

12Corrections and the Illinois Prisoner Review Board. In this

13case, the defendant shall receive no earned sentence credit 
14under clause (3) of subsection (a) of Section 3-6-3 until he or

15she participates in and completes a substance abuse treatment 
16program or receives a waiver from the Director of Corrections 
17pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

18 (c-4) Before the sentencing hearing and as part of the 
19presentence investigation under Section 5-3-1, the court shall 
20inquire of the defendant whether the defendant is currently 
21serving in or is a veteran of the Armed Forces of the United 
22States.
If the defendant is currently serving in the Armed 
23Forces of the United States or is a veteran of the Armed Forces 
24of the United States and has been diagnosed as having a mental 
25illness by a qualified psychiatrist or clinical psychologist or 
26physician, the court may:
 
 
10100HB3168ham001- 15 -LRB101 08304 SLF 59099 a


1  (1) order that the officer preparing the presentence 
2 report consult with the United States Department of 
3 Veterans Affairs, Illinois Department of Veterans' 
4 Affairs, or another agency or person with suitable 
5 knowledge or experience for the purpose of providing the 
6 court with information regarding treatment options 
7 available to the defendant, including federal, State, and 
8 local programming; and
9  (2) consider the treatment recommendations of any 
10 diagnosing or treating mental health professionals 
11 together with the treatment options available to the 
12 defendant in imposing sentence.
13 For the purposes of this subsection (c-4), "qualified 
14psychiatrist" means a reputable physician licensed in Illinois 
15to practice medicine in all its branches, who has specialized 
16in the diagnosis and treatment of mental and nervous disorders 
17for a period of not less than 5 years. 
18 (c-6) In imposing a sentence, the trial judge shall 
19specify, on the record, the particular evidence and other 
20reasons which led to his or her determination that a motor 
21vehicle was used in the commission of the offense. 
22 (d) When the defendant is committed to the Department of

23Corrections, the State's Attorney shall and counsel for the 
24defendant
may file a statement with the clerk of the court to 
25be transmitted to
the department, agency or institution to 
26which the defendant is
committed to furnish such department, 
 
 
10100HB3168ham001- 16 -LRB101 08304 SLF 59099 a


1agency or institution with the
facts and circumstances of the 
2offense for which the person was
committed together with all 
3other factual information accessible to them
in regard to the 
4person prior to his commitment relative to his habits,

5associates, disposition and reputation and any other facts and

6circumstances which may aid such department, agency or 
7institution
during its custody of such person. The clerk shall 
8within 10 days after
receiving any such statements transmit a 
9copy to such department, agency
or institution and a copy to 
10the other party, provided, however, that
this shall not be 
11cause for delay in conveying the person to the
department, 
12agency or institution to which he has been committed.

13 (e) The clerk of the court shall transmit to the 
14department,
agency or institution, if any, to which the 
15defendant is committed, the
following:

16  (1) the sentence imposed;

17  (2) any statement by the court of the basis for 
18 imposing the sentence;

19  (3) any presentence reports;

20  (3.5) any sex offender evaluations;

21  (3.6) any substance abuse treatment eligibility 
22 screening and assessment of the defendant by an agent 
23 designated by the State of Illinois to provide assessment 
24 services for the Illinois courts;

25  (4) the number of days, if any, which the defendant has 
26 been in
custody and for which he is entitled to credit 
 
 
10100HB3168ham001- 17 -LRB101 08304 SLF 59099 a


1 against the sentence,
which information shall be provided 
2 to the clerk by the sheriff;

3  (4.1) any finding of great bodily harm made by the 
4 court with respect
to an offense enumerated in subsection 
5 (c-1);

6  (5) all statements filed under subsection (d) of this 
7 Section;

8  (6) any medical or mental health records or summaries 
9 of the defendant;

10  (7) the municipality where the arrest of the offender 
11 or the commission
of the offense has occurred, where such 
12 municipality has a population of
more than 25,000 persons;

13  (8) all statements made and evidence offered under 
14 paragraph (7) of
subsection (a) of this Section; and

15  (9) all additional matters which the court directs the 
16 clerk to
transmit.

17 (f) In cases in which the court finds that a motor vehicle 
18was used in the commission of the offense for which the 
19defendant is being sentenced, the clerk of the court shall, 
20within 5 days thereafter, forward a report of such conviction 
21to the Secretary of State. 
22(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; 
23100-961, eff. 1-1-19; revised 10-3-18.)".