Bill Text: IL SB1878 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with changes. Provides that when any person who has not previously been convicted of a violation of certain financial crime enterprise offenses or convicted of any similar offense in another state is arrested for and charged with a misdemeanor offense of theft or retail theft, the court may with the consent of the defendant and the State's Attorney, continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program (in the introduced bill, when any person who has not previously been convicted of any felony offense under the laws of the State or the laws of another state or federal law which would be classified as a felony offense in the State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, the court may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program). Provides that a person may only have one discharge and dismissal under the Program within a 3-year period.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1878 Detail]

Download: Illinois-2019-SB1878-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1878 Introduced 2/15/2019, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-6-3.3-5 new
Amends the Unified Code of Corrections. Creates a Misdemeanor Retail Theft and Theft Diversionary Program. Provides that when any person who has not previously been convicted of any felony offense under the laws of this State or the laws of another state or federal law which would be classified as a felony offense in this State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program. Provides that the conditions of the Program shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; and (3) make full restitution to the victim or property owner plus 10% of the cost of the stolen item. Provides that upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person. Makes other changes.
SRS101 00015 JEJ 45015 b
A BILL FOR
SB1878 SRS101 00015 JEJ 45015 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
adding Section 5-6-3.3-5 as follows:
(730 ILCS 5/5-6-3.3-5 new)
Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft
Diversionary Program.
(a) When any person who has not previously been convicted
of any felony offense under the laws of this State or the laws
of another state or federal law which would be classified as a
felony offense in this State is arrested for and charged with a
misdemeanor offense of theft or retail theft, with the consent
of the defendant and the State's Attorney, may continue the
matter to allow the defendant to participate and complete the
Misdemeanor Retail Theft and Theft Diversionary Program.
(b) When the defendant is placed in the Program, the court
shall enter an order specifying that the proceedings shall be
suspended while the defendant is participating in a Program of
not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or

SB1878 - 2 - SRS101 00015 JEJ 45015 b
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon; and
(3) make full restitution to the victim or property
owner under Section 5-5-6 plus 10% of the cost of the
stolen item.
(d) The court, in its discretion, may order the defendant
to attend a theft, larceny, shoplifting, or theft awareness
class either on-line or in person.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order specifying that the
defendant has not successfully completed the Program and
continue the case for arraignment under Section 113-1 of the
Code of Criminal Procedure of 1963 for further proceedings as
if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.