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IL HB5285

Bill

Status

Passed

7/19/2024

Primary Sponsor

Kevin Olickal

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Special Committee on Criminal Law and Public Safety4/30/2024
Assignments4/24/2024
Judiciary - Criminal4/15/2024
Rules4/8/2024
Judiciary - Criminal3/12/2024
Rules2/9/2024

Full Bill Text

No bill text available