Bill Text: IL HB0357 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing if at the time of the offense, the defendant was or had been the victim of domestic violence and the effect of the domestic violence tended to excuse or justify the defendant's criminal conduct.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0357 Detail]

Download: Illinois-2015-HB0357-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0357

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing if at the time of the offense, the defendant was or had been the victim of domestic violence and the effect of the domestic violence tended to excuse or justify the defendant's criminal conduct.
LRB099 03950 RLC 26269 b

A BILL FOR

HB0357LRB099 03950 RLC 26269 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Unified Code of Corrections is amended by
5changing Section 5-5-3.1 as follows:
6 (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
7 Sec. 5-5-3.1. Factors in Mitigation.
8 (a) The following grounds shall be accorded weight in favor
9of withholding or minimizing a sentence of imprisonment:
10 (1) The defendant's criminal conduct neither caused
11 nor threatened serious physical harm to another.
12 (2) The defendant did not contemplate that his criminal
13 conduct would cause or threaten serious physical harm to
14 another.
15 (3) The defendant acted under a strong provocation.
16 (4) There were substantial grounds tending to excuse or
17 justify the defendant's criminal conduct, though failing
18 to establish a defense.
19 (5) The defendant's criminal conduct was induced or
20 facilitated by someone other than the defendant.
21 (6) The defendant has compensated or will compensate
22 the victim of his criminal conduct for the damage or injury
23 that he sustained.

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1 (7) The defendant has no history of prior delinquency
2 or criminal activity or has led a law-abiding life for a
3 substantial period of time before the commission of the
4 present crime.
5 (8) The defendant's criminal conduct was the result of
6 circumstances unlikely to recur.
7 (9) The character and attitudes of the defendant
8 indicate that he is unlikely to commit another crime.
9 (10) The defendant is particularly likely to comply
10 with the terms of a period of probation.
11 (11) The imprisonment of the defendant would entail
12 excessive hardship to his dependents.
13 (12) The imprisonment of the defendant would endanger
14 his or her medical condition.
15 (13) The defendant was intellectually disabled as
16 defined in Section 5-1-13 of this Code.
17 (14) The defendant sought or obtained emergency
18 medical assistance for an overdose and was convicted of a
19 Class 3 felony or higher possession, manufacture, or
20 delivery of a controlled, counterfeit, or look-alike
21 substance or a controlled substance analog under the
22 Illinois Controlled Substances Act or a Class 2 felony or
23 higher possession, manufacture or delivery of
24 methamphetamine under the Methamphetamine Control and
25 Community Protection Act.
26 (15) At the time of the offense, the defendant was or

HB0357- 3 -LRB099 03950 RLC 26269 b
1 had been the victim of domestic violence and the effects of
2 the domestic violence tended to excuse or justify the
3 defendant's criminal conduct. As used in this paragraph
4 (15), "domestic violence" means "abuse" as defined in
5 Section 103 of the Illinois Domestic Violence Act of 1986.
6 (b) If the court, having due regard for the character of
7the offender, the nature and circumstances of the offense and
8the public interest finds that a sentence of imprisonment is
9the most appropriate disposition of the offender, or where
10other provisions of this Code mandate the imprisonment of the
11offender, the grounds listed in paragraph (a) of this
12subsection shall be considered as factors in mitigation of the
13term imposed.
14(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
15eff. 8-16-13.)
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