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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | adding Section 5-6-3.3-5 as follows: | ||||||
| 6 | (730 ILCS 5/5-6-3.3-5 new) | ||||||
| 7 | Sec. 5-6-3.3-5. Misdemeanor Retail Theft and Theft | ||||||
| 8 | Diversionary Program. | ||||||
| 9 | (a) When any person who has not previously been convicted | ||||||
| 10 | of a violation of subsection (h) or (i) of Section 17-10.6 of | ||||||
| 11 | the Criminal Code of 2012 or convicted of any similar offense | ||||||
| 12 | in another state is arrested for and charged with a misdemeanor | ||||||
| 13 | offense of theft or retail theft, the court may, with the | ||||||
| 14 | consent of the defendant and the State's Attorney, continue the | ||||||
| 15 | matter to allow the defendant to participate and complete the | ||||||
| 16 | Misdemeanor Retail Theft and Theft Diversionary Program. | ||||||
| 17 | (b) When the defendant is placed in the Program, the court | ||||||
| 18 | shall enter an order specifying that the proceedings shall be | ||||||
| 19 | suspended while the defendant is participating in the Program. | ||||||
| 20 | The Program shall be for a duration of not less than 12 months. | ||||||
| 21 | (c) The conditions of the Program shall be that the | ||||||
| 22 | defendant: | ||||||
| 23 | (1) not violate any criminal statute of this State or | ||||||
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| 1 | any other jurisdiction; | ||||||
| 2 | (2) refrain from possessing a firearm or other | ||||||
| 3 | dangerous weapon; and | ||||||
| 4 | (3) make full restitution to the victim or property | ||||||
| 5 | owner under Section 5-5-6 plus 10% of the cost of the | ||||||
| 6 | stolen item. | ||||||
| 7 | (d) The court, in its discretion, may order the defendant | ||||||
| 8 | to attend a theft, larceny, shoplifting, or theft awareness | ||||||
| 9 | class either online or in person. | ||||||
| 10 | (e) When the State's Attorney makes a factually specific | ||||||
| 11 | offer of proof that the defendant has failed to successfully | ||||||
| 12 | complete the Program or has violated any of the conditions of | ||||||
| 13 | the Program, the court shall enter an order specifying that the | ||||||
| 14 | defendant has not successfully completed the Program and | ||||||
| 15 | continue the case for arraignment under Section 113-1 of the | ||||||
| 16 | Code of Criminal Procedure of 1963 for further proceedings as | ||||||
| 17 | if the defendant had not participated in the Program. | ||||||
| 18 | (f) Upon fulfillment of the terms and conditions of the | ||||||
| 19 | Program, the State's Attorney shall dismiss the case or the | ||||||
| 20 | court shall discharge the person and dismiss the proceedings | ||||||
| 21 | against the person. | ||||||
| 22 | (g) A person may only have one discharge and dismissal | ||||||
| 23 | under this Section within a 3-year period.
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