Sen. Jason Plummer
Filed: 3/13/2019
 
 

 

 

 
10100SB1878sam002LRB101 11423 SLF 57220 a



1
AMENDMENT TO SENATE BILL 1878 




2    AMENDMENT NO. ______. Amend Senate Bill 1878 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Unified Code of Corrections is amended  by 
5adding 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 
8Diversionary Program.
9    (a) When any person who has not previously been convicted 
10of a violation of subsection (h) or (i) of Section 17-10.6 of 
11the Criminal Code of 2012 or convicted of any similar offense 
12in another state is arrested for and charged with a misdemeanor 
13offense of theft or retail theft, the court may with the 
14consent of the defendant and the State's Attorney, continue the 
15matter to allow the defendant to participate and complete the 
16Misdemeanor Retail Theft and Theft Diversionary Program.
 
 
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1    (b) When the defendant is placed in the Program, the court 
2shall enter an order specifying that the proceedings shall be 
3suspended while the defendant is participating in the Program. 
4The Program shall be for a duration of not less than 12 months. 
5    (c) The conditions of the Program shall be that the 
6defendant: 
7        (1) not violate any criminal statute of this State or 
8    any other jurisdiction; 
9        (2) refrain from possessing a firearm or other 
10    dangerous weapon; and 
11        (3) make full restitution to the victim or property 
12    owner under Section 5-5-6 plus 10% of the cost of the 
13    stolen item. 
14    (d) The court, in its discretion, may order the defendant 
15to attend a theft, larceny, shoplifting, or theft awareness 
16class either on-line or in person. 
17    (e) When the State's Attorney makes a factually specific 
18offer of proof that the defendant has failed to successfully 
19complete the Program or has violated any of the conditions of 
20the Program, the court shall enter an order specifying that the 
21defendant has not successfully completed the Program and 
22continue the case for arraignment under Section 113-1 of the 
23Code of Criminal Procedure of 1963 for further proceedings as 
24if the defendant had not participated in the Program. 
25    (f) Upon fulfillment of the terms and conditions of the 
26Program, the State's Attorney shall dismiss the case or the 
 
 
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1court shall discharge the person and dismiss the proceedings 
2against the person.
3    (g) A person may only have one discharge and dismissal 
4under this Section within a 3-year period.".