Sen. Elgie R. Sims, Jr.
Filed: 4/3/2025
 
 
 




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1
AMENDMENT TO SENATE BILL 1899


2    AMENDMENT NO. ______. Amend Senate Bill 1899 by replacing 
3everything after the enacting clause with the following:

4    "Section 5. The Unified Code of Corrections is amended by 
5changing Section 5-6-3.6 and by adding Section 5-6-3.7 as 
6follows:

7    (730 ILCS 5/5-6-3.6)
8    Sec. 5-6-3.6. First Time Weapon Offense Program.
9    (a) The General Assembly has sought to promote public 
10safety, reduce recidivism, and conserve valuable resources of 
11the criminal justice system through the creation of diversion 
12programs for non-violent offenders. Public Act 103-370 This 
13amendatory Act of the 103rd General Assembly establishes a 
14program for first-time, non-violent offenders charged with 
15certain weapons possession offenses. The General Assembly 
16recognizes some persons, particularly in areas of high crime 
 
 
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1or poverty, may have experienced trauma that contributes to 
2poor decision making skills, and the creation of a 
3diversionary program poses a greater benefit to the community 
4and the person than incarceration. Under this program, a 
5court, with the consent of the defendant and the State's 
6Attorney, may sentence a defendant charged with an unlawful 
7possession of weapons offense under Section 24-1 of the 
8Criminal Code of 2012 or aggravated unlawful possession of a 
9weapon offense under Section 24-1.6 of the Criminal Code of 
102012, if punishable as a Class 4 felony or lower, to a First 
11Time Weapon Offense Program.
12    (b) A defendant is not eligible for this Program if:
13        (1) the offense was committed during the commission of 
14 a violent offense as defined in subsection (h) of this 
15 Section;
16        (2) he or she has previously been convicted or placed 
17 on probation or conditional discharge for any violent 
18 offense under the laws of this State, the laws of any other 
19 state, or the laws of the United States;
20        (3) he or she had a prior successful completion of the 
21 First Time Weapon Offense Program under this Section;
22        (4) he or she has previously been adjudicated a 
23 delinquent minor for the commission of a violent offense;
24        (5) (blank); or
25        (6) he or she has an existing order of protection 
26 issued against him or her.
 
 
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1    (b-5) In considering whether a defendant shall be 
2sentenced to the First Time Weapon Offense Program, the court 
3shall consider the following:
4        (1) the age, immaturity, or limited mental capacity of 
5 the defendant;
6        (2) the nature and circumstances of the offense;
7        (3) whether participation in the Program is in the 
8 interest of the defendant's rehabilitation, including any 
9 employment or involvement in community, educational, 
10 training, or vocational programs;
11        (4) whether the defendant suffers from trauma, as 
12 supported by documentation or evaluation by a licensed 
13 professional; and
14        (5) the potential risk to public safety. 
15    (c) For an offense committed on or after January 1, 2018 
16(the effective date of Public Act 100-3) whenever an eligible 
17person pleads guilty to an unlawful possession of weapons 
18offense under Section 24-1 of the Criminal Code of 2012 or 
19aggravated unlawful possession of a weapon offense under 
20Section 24-1.6 of the Criminal Code of 2012, which is 
21punishable as a Class 4 felony or lower, the court, with the 
22consent of the defendant and the State's Attorney, may, 
23without entering a judgment, sentence the defendant to 
24complete the First Time Weapon Offense Program. When a 
25defendant is placed in the Program, the court shall defer 
26further proceedings in the case until the conclusion of the 
 
 
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1period or until the filing of a petition alleging violation of 
2a term or condition of the Program. A disposition of probation 
3is considered to be a conviction for the purposes of imposing 
4the conditions of probation and for appeal; , however, a 
5sentence under this Section is not a conviction for purposes 
6of this Act or for purposes of disqualifications or 
7disabilities imposed by law upon conviction of a crime unless 
8and until judgment is entered. Upon violation of a term or 
9condition of the Program, the court may enter a judgment on its 
10original finding of guilt and proceed as otherwise provided by 
11law. Upon fulfillment of the terms and conditions of the 
12Program, the court shall discharge the person and dismiss the 
13proceedings against the person.
14    (d) The Program shall be at least 6 months and not to 
15exceed 24 months, as determined by the court at the 
16recommendation of the Program administrator and the State's 
17Attorney. The Program administrator may be appointed by the 
18Chief Judge of each Judicial Circuit. 
19    (e) The conditions of the Program shall be that the 
20defendant:
21        (1) not violate any criminal statute of this State or 
22 any other jurisdiction;
23        (2) refrain from possessing a firearm or other 
24 dangerous weapon;
25        (3) (blank);
26        (4) (blank);
 
 
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1        (5) (blank);
2        (6) (blank);
3        (7) attend and participate in any Program activities 
4 deemed required by the Program administrator, such as: 
5 counseling sessions, in-person and over the phone 
6 check-ins, and educational classes; and
7        (8) (blank).
8    (f) The Program may, in addition to other conditions, 
9require that the defendant:
10        (1) obtain or attempt to obtain employment;
11        (2) attend educational courses designed to prepare the 
12 defendant for obtaining a high school diploma or to work 
13 toward passing high school equivalency testing or to work 
14 toward completing a vocational training program;
15        (3) refrain from having in his or her body the 
16 presence of any illicit drug prohibited by the 
17 Methamphetamine Control and Community Protection Act or 
18 the Illinois Controlled Substances Act, unless prescribed 
19 by a physician, and submit samples of his or her blood or 
20 urine or both for tests to determine the presence of any 
21 illicit drug; 
22        (4) perform community service;
23        (5) pay all fines, assessments, fees, and costs; and
24        (6) comply with such other reasonable conditions as 
25 the court may impose. 
26    (f-1) Upon the successful completion of the Program, a 
 
 
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1defendant may submit an application for a Firearm Owner's 
2Identification Card upon receiving a court order demonstrating 
3completion of the Program. The Illinois State Police shall 
4issue a Firearm Owner's Identification Card to such person 
5upon receiving a court order demonstrating completion of the 
6Program if the person is otherwise eligible to receive a 
7Firearm Owner's Identification Card. Nothing in this Section 
8shall prohibit the Illinois State Police from denying an 
9application for or revoking a Firearm Owner's Identification 
10Card as provided by law.    
11    (g) There may be only one discharge and dismissal under 
12this Section. If a person is convicted of any offense which 
13occurred within 5 years subsequent to a discharge and 
14dismissal under this Section, the discharge and dismissal 
15under this Section shall be admissible in the sentencing 
16proceeding for that conviction as evidence in aggravation.
17    (h) For purposes of this Section, "violent offense" means 
18any offense in which bodily harm was inflicted or force was 
19used against any person or threatened against any person; any 
20offense involving the possession of a firearm or dangerous 
21weapon; any offense involving sexual conduct, sexual 
22penetration, or sexual exploitation; violation of an order of 
23protection, stalking, hate crime, domestic battery, or any 
24offense of domestic violence.
25    (i) (Blank). 
26(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 
 
 
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1103-370, eff. 7-28-23; 103-702, eff. 1-1-25; 103-822, eff. 
21-1-25; revised 11-26-24.)

3    (730 ILCS 5/5-6-3.7 new)
4    Sec. 5-6-3.7. Unlawful possession of weapons offense 
5diversion programs; Firearm Owner's Identification Card 
6eligibility.    
7    (a) A State's Attorney, at his or her discretion, may 
8request that a defendant charged with an unlawful possession 
9of weapons offense under Section 24-1 of the Criminal Code of 
102012 or aggravated unlawful possession of a weapon offense 
11under Section 24-1.6 of the Criminal Code of 2012, if 
12punishable as a Class 4 felony or lower, be sentenced to a 
13First Time Weapon Offense Program.
14    (b) Upon the successful completion of the diversion 
15program, a defendant may submit an application for a Firearm 
16Owner's Identification Card upon receiving a court order 
17demonstrating completion of the program. The Illinois State 
18Police shall issue a Firearm Owner's Identification Card to 
19such person upon receiving a court order demonstrating 
20completion of the program if the person is otherwise eligible 
21to receive a Firearm Owner's Identification Card. Nothing in 
22this Section shall prohibit the Illinois State Police from 
23denying an application for or revoking a Firearm Owner's 
24Identification Card as provided by law.".