Illinois 97th Regular Session Status: Enacted 3 D cosponsors

SB 3349 — CD CORR-INITIATIVE PROBATION

Last action — Public Act . . . . . . . . . 97-1118

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2012. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    0 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Identification Act, the Criminal Code of 1961, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Offender Initiative Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense, other than a violent offense, under the laws of this State, the laws of any other state, or the laws of the United States, pleads guilty to, or is found guilty of, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of both the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.

Bill Text

What changed in the latest version

94 added · 120 removed

Plain-language change summary

The latest version of Bill SB 3349 added new lines while also removing some earlier lines from its previous version. This change likely involves clarifications or updates to the language of the bill. It matters because these adjustments can refine the bill’s objectives and help ensure that its intentions are made clear, potentially impacting how it will be implemented or enforced once passed.

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SB3349 Engrossed LRB097 16552 RLC 61724 b AN ACT concerning criminal law.
SB3349 Enrolled LRB097 16552 RLC 61724 b AN ACT concerning criminal law.
(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), SB3349 Engrossed - 2 - LRB097 16552 RLC 61724 b (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).
(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), SB3349 Enrolled - 2 - LRB097 16552 RLC 61724 b (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).
SB3349 Engrossed - 3 - LRB097 16552 RLC 61724 b (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).
SB3349 Enrolled - 3 - LRB097 16552 RLC 61724 b (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).
If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and SB3349 Engrossed - 4 - LRB097 16552 RLC 61724 b are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.
If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and SB3349 Enrolled - 4 - LRB097 16552 RLC 61724 b are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.
(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 SB3349 Engrossed - 5 - LRB097 16552 RLC 61724 b of the Steroid Control Act.
(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 SB3349 Enrolled - 5 - LRB097 16552 RLC 61724 b of the Steroid Control Act.
(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this SB3349 Engrossed - 6 - LRB097 16552 RLC 61724 b Section.
(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this SB3349 Enrolled - 6 - LRB097 16552 RLC 61724 b Section.
(i) offenses included in Article 11 of the SB3349 Engrossed - 7 - LRB097 16552 RLC 61724 b Criminal Code of 1961 or a similar provision of a local ordinance, except Section 11-14 of the Criminal Code of 1961 or a similar provision of a local ordinance;
(i) offenses included in Article 11 of the SB3349 Enrolled - 7 - LRB097 16552 RLC 61724 b Criminal Code of 1961 or a similar provision of a local ordinance, except Section 11-14 of the Criminal Code of 1961 or a similar provision of a local ordinance;
(ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another SB3349 Engrossed - 8 - LRB097 16552 RLC 61724 b charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii), or (iv) of this subsection;
(ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another SB3349 Enrolled - 8 - LRB097 16552 RLC 61724 b charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii), or (iv) of this subsection;
SB3349 Engrossed - 9 - LRB097 16552 RLC 61724 b (1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when:
SB3349 Enrolled - 9 - LRB097 16552 RLC 61724 b (1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when:
(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of SB3349 Engrossed - 10 - LRB097 16552 RLC 61724 b supervision, successfully completed by the petitioner, the following time frames will apply:
(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of SB3349 Enrolled - 10 - LRB097 16552 RLC 61724 b supervision, successfully completed by the petitioner, the following time frames will apply:
SB3349 Engrossed - 11 - LRB097 16552 RLC 61724 b (4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name.
SB3349 Enrolled - 11 - LRB097 16552 RLC 61724 b (4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name.
Nothing in this Section shall limit the Department of State Police or other criminal justice agencies or prosecutors from listing SB3349 Engrossed - 12 - LRB097 16552 RLC 61724 b under an offender's name the false names he or she has used.
Nothing in this Section shall limit the Department of State Police or other criminal justice agencies or prosecutors from listing SB3349 Enrolled - 12 - LRB097 16552 RLC 61724 b under an offender's name the false names he or she has used.
(7) Nothing in this Section shall prevent the Department of State Police from maintaining all records of SB3349 Engrossed - 13 - LRB097 16552 RLC 61724 b any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
(7) Nothing in this Section shall prevent the Department of State Police from maintaining all records of SB3349 Enrolled - 13 - LRB097 16552 RLC 61724 b any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
(C) Arrests or charges not initiated by arrest SB3349 Engrossed - 14 - LRB097 16552 RLC 61724 b resulting in orders of supervision successfully completed by the petitioner, unless excluded by subsection (a)(3);
(C) Arrests or charges not initiated by arrest SB3349 Enrolled - 14 - LRB097 16552 RLC 61724 b resulting in orders of supervision successfully completed by the petitioner, unless excluded by subsection (a)(3);
SB3349 Engrossed - 15 - LRB097 16552 RLC 61724 b (A) Records identified as eligible under subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time.
SB3349 Enrolled - 15 - LRB097 16552 RLC 61724 b (A) Records identified as eligible under subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time.
SB3349 Engrossed - 16 - LRB097 16552 RLC 61724 b (5) Notice of eligibility for sealing.
SB3349 Enrolled - 16 - LRB097 16552 RLC 61724 b (5) Notice of eligibility for sealing.
SB3349 Engrossed - 17 - LRB097 16552 RLC 61724 b (3) Drug test.
SB3349 Enrolled - 17 - LRB097 16552 RLC 61724 b (3) Drug test.
SB3349 Engrossed - 18 - LRB097 16552 RLC 61724 b (6) Entry of order.
SB3349 Enrolled - 18 - LRB097 16552 RLC 61724 b (6) Entry of order.
After entering an order to expunge or seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the SB3349 Engrossed - 19 - LRB097 16552 RLC 61724 b State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
After entering an order to expunge or seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the SB3349 Enrolled - 19 - LRB097 16552 RLC 61724 b State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
and (iii) in response to an inquiry for expunged records, the court, the Department, or the agency SB3349 Engrossed - 20 - LRB097 16552 RLC 61724 b receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.
and (iii) in response to an inquiry for expunged records, the court, the Department, or the agency SB3349 Enrolled - 20 - LRB097 16552 RLC 61724 b receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.
SB3349 Engrossed - 21 - LRB097 16552 RLC 61724 b (iv) records impounded by the Department may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense;
SB3349 Enrolled - 21 - LRB097 16552 RLC 61724 b (iv) records impounded by the Department may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense;
Notwithstanding any provision of SB3349 Engrossed - 22 - LRB097 16552 RLC 61724 b the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk.
Notwithstanding any provision of SB3349 Enrolled - 22 - LRB097 16552 RLC 61724 b the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk.
(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition SB3349 Engrossed - 23 - LRB097 16552 RLC 61724 b to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition SB3349 Enrolled - 23 - LRB097 16552 RLC 61724 b to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
(f) Subject to available funding, the Illinois Department SB3349 Engrossed - 24 - LRB097 16552 RLC 61724 b of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211.
(f) Subject to available funding, the Illinois Department SB3349 Enrolled - 24 - LRB097 16552 RLC 61724 b of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211.
(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or SB3349 Engrossed - 25 - LRB097 16552 RLC 61724 b gratification commits an act of prostitution.
(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or SB3349 Enrolled - 25 - LRB097 16552 RLC 61724 b gratification commits an act of prostitution.
(2) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 SB3349 Engrossed - 26 - LRB097 16552 RLC 61724 b months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(2) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 SB3349 Enrolled - 26 - LRB097 16552 RLC 61724 b months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
or treatment or rehabilitation by a provider approved by SB3349 Engrossed - 27 - LRB097 16552 RLC 61724 b the Illinois Department of Human Services;
or treatment or rehabilitation by a provider approved by SB3349 Enrolled - 27 - LRB097 16552 RLC 61724 b the Illinois Department of Human Services;
(8) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control SB3349 Engrossed - 28 - LRB097 16552 RLC 61724 b and Community Protection Act, Section 10 of the Cannabis Control Act, or Section 5-6-3.3 of the Unified Code of Corrections.
(8) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control SB3349 Enrolled - 28 - LRB097 16552 RLC 61724 b and Community Protection Act, Section 10 of the Cannabis Control Act, or Section 5-6-3.3 of the Unified Code of Corrections.
7-1-11.) SB3349 Engrossed - 29 - LRB097 16552 RLC 61724 b Section 15.
7-1-11.) SB3349 Enrolled - 29 - LRB097 16552 RLC 61724 b Section 15.
and (4) perform no less than 30 hours of community service, provided community service is available SB3349 Engrossed - 30 - LRB097 16552 RLC 61724 b in the jurisdiction and is funded and approved by the county board.
and (4) perform no less than 30 hours of community service, provided community service is available SB3349 Enrolled - 30 - LRB097 16552 RLC 61724 b in the jurisdiction and is funded and approved by the county board.
SB3349 Engrossed - 31 - LRB097 16552 RLC 61724 b (i) reside with his parents or in a foster home;
SB3349 Enrolled - 31 - LRB097 16552 RLC 61724 b (i) reside with his parents or in a foster home;
(i) If a person is convicted of an offense under this Act, SB3349 Engrossed - 32 - LRB097 16552 RLC 61724 b the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
(i) If a person is convicted of an offense under this Act, SB3349 Enrolled - 32 - LRB097 16552 RLC 61724 b the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition SB3349 Engrossed - 33 - LRB097 16552 RLC 61724 b alleging violation of a term or condition of probation.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition SB3349 Enrolled - 33 - LRB097 16552 RLC 61724 b alleging violation of a term or condition of probation.
SB3349 Engrossed - 34 - LRB097 16552 RLC 61724 b (6-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
SB3349 Enrolled - 34 - LRB097 16552 RLC 61724 b (6-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
SB3349 Engrossed - 35 - LRB097 16552 RLC 61724 b (h) There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, or Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 with respect to any person.
SB3349 Enrolled - 35 - LRB097 16552 RLC 61724 b (h) There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, or Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 with respect to any person.
(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than SB3349 Engrossed - 36 - LRB097 16552 RLC 61724 b 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation.
(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than SB3349 Enrolled - 36 - LRB097 16552 RLC 61724 b 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation.
(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order SB3349 Engrossed - 37 - LRB097 16552 RLC 61724 b of probation;
(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order SB3349 Enrolled - 37 - LRB097 16552 RLC 61724 b of probation;
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and SB3349 Engrossed - 38 - LRB097 16552 RLC 61724 b proceed as otherwise provided.
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and SB3349 Enrolled - 38 - LRB097 16552 RLC 61724 b proceed as otherwise provided.
SB3349 Engrossed - 39 - LRB097 16552 RLC 61724 b (730 ILCS 5/5-6-3.3 new) Sec.
SB3349 Enrolled - 39 - LRB097 16552 RLC 61724 b (730 ILCS 5/5-6-3.3 new) Sec.
(a-1) Whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, is charged with or indicted for, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of the defendant and the State's Attorney, may continue this matter to allow a defendant to participate and complete the Offender Initiative Program.
(a-1) Whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, is arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of the defendant and the State's Attorney, may continue this matter to allow a defendant to participate and complete the Offender Initiative Program.
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A defendant shall not be eligible for this Program if the offense he or she has been charged with or indicted for, is a violent offense.
A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense.
For purposes of this Program, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual SB3349 Engrossed - 40 - LRB097 16552 RLC 61724 b conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, driving under the influence of drugs or alcohol, and any offense involving the possession of a firearm or dangerous weapon.
For purposes of this Program, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual SB3349 Enrolled - 40 - LRB097 16552 RLC 61724 b conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, driving under the influence of drugs or alcohol, and any offense involving the possession of a firearm or dangerous weapon.
(b) When a defendant is placed in the Program, the court shall enter an order specifying a period of the Program of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program.
(b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court shall enter an order specifying that the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months.
SB3349 Engrossed - 41 - LRB097 16552 RLC 61724 b (5) pay fines and costs;
and SB3349 Enrolled - 41 - LRB097 16552 RLC 61724 b (5) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing the high school level test of General Educational Development (G.E.D.) or to work toward completing a vocational training program.
and (6) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing the high school level test of General Educational Development (G.E.D.) or to work toward completing a vocational training program.
(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of the Program;
(1) undergo medical or psychiatric treatment, or treatment or rehabilitation approved by the Illinois Department of Human Services;
(2) undergo medical or psychiatric treatment, or treatment or rehabilitation approved by the Illinois Department of Human Services;
(2) refrain from having in his or her body the presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(3) attend or reside in a facility established for the instruction or residence of defendants on probation;
(3) submit to periodic drug testing at a time, manner, and frequency as ordered by the court;
(4) support his or her dependents;
(4) pay fines, fees and costs;
(5) refrain from having in his or her body the presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
and (5) in addition, if a minor:
(6) submit to periodic drug testing at a time and in a SB3349 Engrossed - 42 - LRB097 16552 RLC 61724 b manner as ordered by the court, but no less than 3 times during the period of the Program, with the cost of the testing to be paid by the defendant;
(7) if a minor:
or (iv) contribute to his or her own support at home or in a foster home.
or SB3349 Enrolled - 42 - LRB097 16552 RLC 61724 b (iv) contribute to his or her own support at home or in a foster home.
(e) Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person.
(f) Upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition ordering the defendant to participate in the Program is considered to be a conviction for the purposes of imposing the conditions of the Program and for appeal;
(g) There may be only one discharge and dismissal under this Section with respect to any person.
however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances SB3349 Engrossed - 43 - LRB097 16552 RLC 61724 b Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, or subsection (c) of Section 11-14 of the Criminal Code of 1961 with respect to any person.
(i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, and subsection (c) of Section 11-14 of the Criminal Code of 1961 provide the conditions of probation regarding the offenses specified therein.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 97-1118

  2. Effective Date January 1, 2013

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 044-009-000

  7. House Committee Amendment No. 1 Senate Concurs 044-009-000

  8. Added as Co-Sponsor Sen. Kimberly A. Lightford

  9. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000

  10. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000

  11. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law

  12. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law

  13. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  14. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  15. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  16. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  17. Added Alternate Co-Sponsor Rep. Dennis M. Reboletti

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 25, 2012

  19. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  20. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  21. Added Alternate Co-Sponsor Rep. Robyn Gabel

  22. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  23. Added Alternate Co-Sponsor Rep. Rita Mayfield

  24. Third Reading - Short Debate - Passed 069-048-000

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. House Floor Amendment No. 2 Adopted by Voice Vote

  27. Second Reading - Short Debate

  28. House Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 006-001-000

  29. House Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee

  30. House Floor Amendment No. 2 Referred to Rules Committee

  31. House Floor Amendment No. 2 Filed with Clerk by Rep. Kimberly du Buclet

  32. Placed on Calendar 2nd Reading - Short Debate

  33. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-002-000

  34. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  35. House Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee

  36. House Committee Amendment No. 1 Referred to Rules Committee

  37. House Committee Amendment No. 1 Filed with Clerk by Rep. Kimberly du Buclet

  38. Assigned to Judiciary II - Criminal Law Committee

  39. Added Alternate Co-Sponsor Rep. La Shawn K. Ford

  40. Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough

  41. Added Alternate Chief Co-Sponsor Rep. Constance A. Howard

  42. Added Alternate Co-Sponsor Rep. Arthur Turner

  43. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  44. Added Alternate Chief Co-Sponsor Rep. Charles E. Jefferson

  45. Referred to Rules Committee

  46. First Reading

  47. Placed on Calendar Order of First Reading

  48. Chief House Sponsor Rep. Kimberly du Buclet

  49. Arrived in House

  50. Third Reading - Passed; 052-001-000

  51. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  52. Added as Co-Sponsor Sen. Mattie Hunter

  53. Added as Chief Co-Sponsor Sen. William Delgado

  54. Added as Chief Co-Sponsor Sen. Annazette R. Collins

  55. Placed on Calendar Order of 3rd Reading March 28, 2012

  56. Senate Floor Amendment No. 1 Adopted; Raoul

  57. Second Reading

  58. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000

  59. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  60. Senate Floor Amendment No. 1 Referred to Assignments

  61. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

  62. Added as Chief Co-Sponsor Sen. Thomas Johnson

  63. Placed on Calendar Order of 2nd Reading February 24, 2012

  64. Do Pass Criminal Law; 006-000-000

  65. Added as Chief Co-Sponsor Sen. Michael Noland

  66. Assigned to Criminal Law

  67. Referred to Assignments

  68. First Reading

  69. Filed with Secretary by Sen. Kwame Raoul

Sponsors

  • Kwame Raoul · Cosponsor
  • Arthur Turner · Cosponsor
  • La Shawn K. Ford · Cosponsor
  • Rita Mayfield · Cosponsor
  • Camille Y. Lilly · Cosponsor
  • Robyn Gabel · Cosponsor
  • Mary E. Flowers · Cosponsor
  • Dennis M. Reboletti · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 8 co-sponsors · 175 not signed on · 13 voted No

Sponsors (0)

None.

Co-sponsors (8)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 44 Yea · 9 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 35704
Democrat 9001
Republican 0201
Total 44906
% of votes cast 75%15%0%10%
How each member voted (59)
Member Party Vote
Meeks — Yea
McCann — Nay
Crotty — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Not Voting
Link — Yea
Radogno — Yea
Brady — Yea
Clayborne — Yea
Jacobs — Yea
McGuire — Yea
Johnson, T. — Yea
Kotowski — Yea
LaHood — Nay
Sullivan — Yea
Landek — Yea
Cullerton — Yea
Lauzen — Nay
Johnson, C. — Nay
Jones, J. — Not Voting
McCarter — Nay
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Schoenberg — Yea
Cultra — Yea
Dillard — Not Voting
Duffy — Nay
Forby — Yea
Garrett — Yea
Steans — Yea
Trotter — Yea
Pankau — Yea
Raoul — Yea
Righter — Nay
Sandack — Yea
Sandoval — Yea
Silverstein — Yea
Luechtefeld — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay
Kevin Schmidt Republican Not Voting
Sue Rezin Republican Nay

Official roll call →

Passed 44 Yea · 9 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 35704
Democrat 9001
Republican 0201
Total 44906
% of votes cast 75%15%0%10%
How each member voted (59)
Member Party Vote
Haine — Yea
Meeks — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Brady — Yea
Jacobs — Yea
McGuire — Yea
Johnson, T. — Yea
Clayborne — Yea
Crotty — Yea
Sullivan — Yea
LaHood — Nay
Cullerton — Yea
Lauzen — Nay
Johnson, C. — Nay
Luechtefeld — Not Voting
Jones, J. — Not Voting
McCann — Nay
McCarter — Nay
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Pankau — Yea
Steans — Yea
Trotter — Yea
Cultra — Yea
Dillard — Not Voting
Duffy — Nay
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Not Voting
Kotowski — Yea
Raoul — Yea
Righter — Nay
Sandack — Yea
Sandoval — Yea
Landek — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay
Kevin Schmidt Republican Not Voting
Sue Rezin Republican Nay

Official roll call →

Third Reading

Passed 69 Yea · 48 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 563801
Democrat 12500
Republican 1500
Total 694801
% of votes cast 58%41%0%1%
How each member voted (118)
Member Party Vote
Brauer — Nay
Brown — Nay
Carli — Yea
Costello — Nay
McAsey — Nay
Morthland — Nay
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Sente — Nay
Krezwick — Yea
Lang — Yea
Dugan — Yea
Leitch — Yea
Madigan — Yea
Lyons — Yea
Mathias — Nay
McAuliffe — Yea
Mell — Yea
Mulligan — Yea
Nekritz — Yea
Bradley — Yea
Nybo — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Phelps — Yea
Pihos — Yea
Sullivan — Yea
Senger — Nay
Soto — Yea
Harris, Greg — Yea
Tryon — Yea
Hernandez — Yea
Howard — Yea
Turner — Yea
Williams — Yea
Yarbrough — Yea
Zalewski — Yea
Jones — Yea
Davis, Monique — Yea
Brady — Nay
Coladipietro — Yea
Connelly — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Nay
Flowers — Yea
Golar — Yea
Gordon — Yea
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Moffitt — Nay
Harris, David — Nay
Poe — Nay
Sommer — Nay
Watson — Nay
Thapedi — Nay
Unes — Nay
Verschoore — Nay
Winters — Nay
Cavaletto — Nay
Cole — Nay
Fortner — Nay
Franks — Nay
Gaffney — Not Voting
Hatcher — Nay
Hays — Nay
Kay — Nay
Kosel — Nay
Osmond — Nay
Penny — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Roth — Nay
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Nay
Beiser — Nay
Bellock — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
May — Yea
Chapa LaVia — Nay
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Nay
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Nay
Marcus C. Evans, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Michelle Mussman Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Nay
Chapin Rose Republican Nay
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Nay
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Nay

Official roll call →

Third Reading

Passed 52 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 39106
Democrat 10000
Republican 3000
Total 52106
% of votes cast 88%2%0%10%
How each member voted (59)
Member Party Vote
Hutchinson — Yea
Noland — Yea
Kotowski — Yea
Luechtefeld — Yea
Maloney — Yea
McCarter — Yea
Muñoz — Yea
Silverstein — Yea
Steans — Yea
LaHood — Yea
Landek — Yea
Cullerton — Yea
McCann — Not Voting
Meeks — Not Voting
Millner — Not Voting
Mulroe — Nay
Radogno — Not Voting
Schoenberg — Not Voting
Trotter — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Not Voting
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Jones, J. — Yea
Sullivan — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Dillard — Yea
Haine — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 3349 do?
Amends the Criminal Identification Act, the Criminal Code of 1961, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Offender Initiative Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense, other than a violent offense, under the laws of this State, the laws of any other state, or the laws of the United States, pleads guilty to, or is found guilty of, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of both the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
Who sponsors SB 3349?
SB 3349 is sponsored by Kwame Raoul, Arthur Turner, La Shawn K. Ford, Rita Mayfield (Democrat), Camille Y. Lilly (Democrat), Robyn Gabel (Democrat), Mary E. Flowers, and Dennis M. Reboletti.
What is the current status of SB 3349?
This bill has been enacted into law. Introduced February 07, 2012. Enacted.
Where can I track SB 3349?
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