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Illinois General Assembly· SB 1899Governor Approved

FOID-DIVERSIONARY PROGRAM, the official text

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SB1899 Enrolled                      LRB104 07191 BDA 17228 b

1  AN ACT concerning safety.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Unified Code of Corrections is amended by

5 changing Section 5-6-3.6 and by adding Section 5-6-3.7 as

6 follows:

7  (730 ILCS 5/5-6-3.6)

8  Sec. 5-6-3.6. First Time Weapon Offense Program.

9  (a) The General Assembly has sought to promote public

10 safety, reduce recidivism, and conserve valuable resources of

11 the criminal justice system through the creation of diversion

12 programs for non-violent offenders. Public Act 103-370 This

13 amendatory Act of the 103rd General Assembly establishes a

14 program for first-time, non-violent offenders charged with

15 certain weapons possession offenses. The General Assembly

16 recognizes some persons, particularly in areas of high crime

17 or poverty, may have experienced trauma that contributes to

18 poor decision making skills, and the creation of a

19 diversionary program poses a greater benefit to the community

20 and the person than incarceration. Under this program, a

21 court, with the consent of the defendant and the State's

22 Attorney, may sentence a defendant charged with an unlawful

23 possession of weapons offense under Section 24-1 of the
    SB1899 Enrolled             -2-  LRB104 07191 BDA 17228 b

1 Criminal Code of 2012 or aggravated unlawful possession of a

2 weapon offense under Section 24-1.6 of the Criminal Code of

3 2012, if punishable as a Class 4 felony or lower, to a First

4 Time Weapon Offense Program.

5   (b) A defendant is not eligible for this Program if:

6   (1) the offense was committed during the commission of

7   a violent offense as defined in subsection (h) of this

8   Section;

9   (2) he or she has previously been convicted or placed

10  on probation or conditional discharge for any violent

11  offense under the laws of this State, the laws of any other

12  state, or the laws of the United States;

13  (3) he or she had a prior successful completion of the

14  First Time Weapon Offense Program under this Section;

15  (4) he or she has previously been adjudicated a

16  delinquent minor for the commission of a violent offense;

17  (5) (blank); or

18  (6) he or she has an existing order of protection

19  issued against him or her.

20  (b-5) In considering whether a defendant shall be

21 sentenced to the First Time Weapon Offense Program, the court

22 shall consider the following:

23  (1) the age, immaturity, or limited mental capacity of

24  the defendant;

25  (2) the nature and circumstances of the offense;

26  (3) whether participation in the Program is in the
   SB1899 Enrolled    -3-             LRB104 07191 BDA 17228 b

1  interest of the defendant's rehabilitation, including any

2  employment or involvement in community, educational,

3  training, or vocational programs;

4  (4) whether the defendant suffers from trauma, as

5  supported by documentation or evaluation by a licensed

6  professional; and

7  (5) the potential risk to public safety.

8  (c) For an offense committed on or after January 1, 2018

9 (the effective date of Public Act 100-3) whenever an eligible

10 person pleads guilty to an unlawful possession of weapons

11 offense under Section 24-1 of the Criminal Code of 2012 or

12 aggravated unlawful possession of a weapon offense under

13 Section 24-1.6 of the Criminal Code of 2012, which is

14 punishable as a Class 4 felony or lower, the court, with the

15 consent of the defendant and the State's Attorney, may,

16 without entering a judgment, sentence the defendant to

17 complete the First Time Weapon Offense Program. When a

18 defendant is placed in the Program, the court shall defer

19 further proceedings in the case until the conclusion of the

20 period or until the filing of a petition alleging violation of

21 a term or condition of the Program. A disposition of probation

22 is considered to be a conviction for the purposes of imposing

23 the conditions of probation and for appeal;, however, a

24 sentence under this Section is not a conviction for purposes

25 of this Act or for purposes of disqualifications or

26 disabilities imposed by law upon conviction of a crime unless
    SB1899 Enrolled          -4-          LRB104 07191 BDA 17228 b

1 and until judgment is entered. Upon violation of a term or

2 condition of the Program, the court may enter a judgment on its

3 original finding of guilt and proceed as otherwise provided by

4 law. Upon fulfillment of the terms and conditions of the

5 Program, the court shall discharge the person and dismiss the

6 proceedings against the person.

7   (d) The Program shall be at least 6 months and not to

8 exceed 24 months, as determined by the court at the

9 recommendation of the Program administrator and the State's

10 Attorney. The Program administrator may be appointed by the

11 Chief Judge of each Judicial Circuit.

12  (e) The conditions of the Program shall be that the

13 defendant:

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) (blank);

19  (4) (blank);

20  (5) (blank);

21  (6) (blank);

22  (7) attend and participate in any Program activities

23  deemed required by the Program administrator, such as:

24  counseling sessions, in-person and over the phone

25  check-ins, and educational classes; and

26  (8) (blank).
    SB1899 Enrolled            -5-  LRB104 07191 BDA 17228 b

1   (f) The Program may, in addition to other conditions,

2 require that the defendant:

3   (1) obtain or attempt to obtain employment;

4   (2) attend educational courses designed to prepare the

5   defendant for obtaining a high school diploma or to work

6   toward passing high school equivalency testing or to work

7   toward completing a vocational training program;

8   (3) refrain from having in his or her body the

9   presence of any illicit drug prohibited by the

10  Methamphetamine Control and Community Protection Act or

11  the Illinois Controlled Substances Act, unless prescribed

12  by a physician, and submit samples of his or her blood or

13  urine or both for tests to determine the presence of any

14  illicit drug;

15  (4) perform community service;

16  (5) pay all fines, assessments, fees, and costs; and

17  (6) comply with such other reasonable conditions as

18  the court may impose.

19  (f-1) Upon the successful completion of the Program, a

20 defendant may submit an application for a Firearm Owner's

21 Identification Card upon receiving a court order demonstrating

22 completion of the Program. The Illinois State Police shall

23 issue a Firearm Owner's Identification Card to such person

24 upon receiving a court order demonstrating completion of the

25 Program if the person is otherwise eligible to receive a

26 Firearm Owner's Identification Card. Nothing in this Section
    SB1899 Enrolled            -6-  LRB104 07191 BDA 17228 b

1 shall prohibit the Illinois State Police from denying an

2 application for or revoking a Firearm Owner's Identification

3 Card as provided by law.

4   (g) There may be only one discharge and dismissal under

5 this Section. If a person is convicted of any offense which

6 occurred within 5 years subsequent to a discharge and

7 dismissal under this Section, the discharge and dismissal

8 under this Section shall be admissible in the sentencing

9 proceeding for that conviction as evidence in aggravation.

10  (h) For purposes of this Section, "violent offense" means

11 any offense in which bodily harm was inflicted or force was

12 used against any person or threatened against any person; any

13 offense involving the possession of a firearm or dangerous

14 weapon; any offense involving sexual conduct, sexual

15 penetration, or sexual exploitation; violation of an order of

16 protection, stalking, hate crime, domestic battery, or any

17 offense of domestic violence.

18  (i) (Blank).

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

20 103-370, eff. 7-28-23; 103-702, eff. 1-1-25; 103-822, eff.

21 1-1-25; revised 11-26-24.)

22  (730 ILCS 5/5-6-3.7 new)

23  Sec. 5-6-3.7. Unlawful possession of weapons offense

24 diversion programs; Firearm Owner's Identification Card

25 eligibility.
   SB1899 Enrolled  -7-           LRB104 07191 BDA 17228 b

1  (a) A State's Attorney, at his or her discretion, may

2 request that a defendant charged with an unlawful possession

3 of weapons offense under Section 24-1 of the Criminal Code of

4 2012 or aggravated unlawful possession of a weapon offense

5 under Section 24-1.6 of the Criminal Code of 2012, if

6 punishable as a Class 4 felony or lower, be sentenced to an

7 appropriate diversion program.

8  (b) Upon the successful completion of the diversion

9 program, a defendant may submit an application for a Firearm

10 Owner's Identification Card upon receiving a court order

11 demonstrating completion of the program. The Illinois State

12 Police shall issue a Firearm Owner's Identification Card to

13 such person upon receiving a court order demonstrating

14 completion of the program if the person is otherwise eligible

15 to receive a Firearm Owner's Identification Card. Nothing in

16 this Section shall prohibit the Illinois State Police from

17 denying an application for or revoking a Firearm Owner's

18 Identification Card as provided by law.
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