HB 5285

Abstract

Amends the Criminal Code of 2012. In the definition of "conviction", provides that "conviction" means a judgment of conviction and sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury (rather than a judgment of conviction or sentence). Provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that for the first-time offender provisions of those Acts, a sentence under those provisions shall not be considered a conviction under Illinois law unless and until judgment is entered for a violation of the terms of the probation. Provides that a sentence (rather than discharge and dismissal) is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. Amends the Unified Code of Corrections. Makes the same changes with respect to the Second Chance Probation Program and the First Time Weapon Offense Program. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, except in the definition of "conviction" in the Criminal Code of 2012, restores a provision that "conviction" means a judgment of conviction or sentence (rather than a judgment of conviction and sentence) entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. In that definition, provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered.