- ADMISSION OF PRIOR DUI(S) IN DUI TRIAL: SB681 & SB3155
- If these bills pass, DUIs will join the ranks of sex offenses and domestic violence as the only criminal offenses in Illinois law where propensity evidence is explicitly allowed against a defendant at trial. What this means is the State can introduce a prior DUI in a current DUI trial to basically show you’ve done it once, so…. Or as the bills state, your prior DUI “may be considered for its bearing on any matter to which it is relevant.”
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- Like domestic violence and sex offenses, the law would require a pretrial hearing where the Court conducts a “balancing test” to determine the prior DUI’s admissibility.
- APPLIES ONLY IF DEFENDANT REFUSES BREATHALYZER: Evidence of a prior Illinois DUI would only be admissible at trial if a defendant refuses to submit to chemical testing.
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- REFERRED FOR ASSIGNMENT
- FELONY RETAIL THEFT VALUE THRESHOLD = $2,000: SB3257
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- Proposal: Retail theft- item value under $2000 = misdemeanor. Over $2,000= felony. Currently the threshold felony level is $300.
- Would require felony retail thefts based on a prior conviction to be based on a prior felony theft conviction. Currently, a misdemeanor retail theft can be enhanced to a felony if the defendant has a prior theft conviction, whether this prior is a misdemeanor or felony.
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- REFERRED FOR ASSIGNMENT
- PETITION TO GET OFF MURDERER & VIOLENT OFFENDER AGAINST YOUTH REGISTRY: SB3489
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- People required to register under the Murderer and Violent Offender Against Youth Registry generally must do so for a 10 year or lifetime period. If this bill passed, a registrant would be able to petition for early release from registration.
- To qualify for early release, the petitioner must:
- demonstrate exemplary conduct within his or her community;
- exemplary conduct = testimony, character witnesses, or other evidence to demonstrate rehabilitation & no felony convictions during the last 5 years of registration.
- successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry;
- demonstrate exemplary conduct within his or her community;
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- PASSED IN BOTH HOUSES
- NO STATUTE OF LIMITATIONS FOR CERTAIN SEX OFFENSES: HB5112
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- If passed, like murder, charges for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse could be “commenced at any time.”
- As it stands, there is no statute of limitations for criminal sexual assault, aggravated criminal sexual assault, predatory sexual assault, felony criminal sexual abuse, and aggravated sexual abuse, where the victim is under 18. 720 ILCS 5/3-6(j)(1).
- Currently, the statute of limitations for these offenses is within 10 years of the commission of the offense if the victim reported the offense within 3 years of its commission. That’s confusing, but the message in the new proposal is clear: Illinois does not like sex offenses. 720 ILCS 5/3-6(i).
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- REFERRED TO RULES COMMITTEE
- STEALING FROM THE STOOP IS A FELONY: HB5125
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- Creates a class 4 felony theft when a person takes a package off a porch or stoop delivered by the USPC or other express delivery service.
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- REFERRED TO RULES COMMITTEE
- AGGRAVATED BATTERY TO COP = NON-BAILABLE OFFENSE: HB5649
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- Would add Aggravated Battery to Peace Officer to the list of specific offenses where a defendant could be held without bail based on the specific type of charge.
- Currently, these offenses are:
- Offenses carrying a life sentence;
- Non probationable offenses;
- Stalking;
- Unlawful Use of a Weapon-within 1000 ft of a school;
- Terroristic Threat;
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- Defendants can also be held without bail where the Court conducts a hearing and determines their release would pose any threat to the physical safety of anyone.
- DEFENDANTS CAN PETITION FOR RESENTENCING: HB 4828
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- If passed, this bill would allow defendants to petition for resentencing under certain conditions:
- 30 days have passed since the original sentencing; AND
- The statutory penalty imposed “has been subsequently reduced or altered in a manner that includes, but is not limited to:
- (A) reducing the minimum or maximum sentence for the offense;
- (B) granting the court more discretion over the range of penalties available for the offense; or
- (C) changing the penalties associated with the offense or conduct underlying the offense in any way.”
- REFERRED TO RULES COMMITTEE
- If passed, this bill would allow defendants to petition for resentencing under certain conditions: