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IL HB5285
Bill
Status
7/19/2024
Primary Sponsor
Kevin Olickal
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AI Summary
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Amends the Criminal Code definition of "conviction" to specify that a plea, verdict, or finding of guilty is not a conviction unless and until judgment is entered, clarifying the status of cases where judgment is withheld.
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Modifies probation provisions in the Cannabis Control Act, Illinois Controlled Substances Act, and Methamphetamine Control and Community Protection Act to establish that probation sentences are not considered convictions under Illinois law unless and until judgment is entered.
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Requires probationers in these drug-related offenses to meet conditions including 24 months of probation, minimum 3 drug tests, at least 30 hours of community service, firearm restrictions, and optional treatment or rehabilitation programs.
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Updates the Second Chance Probation statute to clarify that sentences without judgment entry are not convictions for disqualification purposes, and allows courts to refer defendants with substance abuse problems to drug court programs for evaluation before probation placement.
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Establishes that prior probation sentences can only be used as aggravating factors in sentencing if they occur within 5 years of a new conviction, and limits defendants to one discharge and dismissal within any 4-year period.
Legislative Description
PROBATION-CONVICTION-JUDGMENT
Last Action
Public Act . . . . . . . . . 103-0702
7/19/2024