Full Text of HB3699 100th General Assembly
HB3699 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3699 Introduced 2/10/2017, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the election of treatment.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by changing Section 40-5 as follows: | 6 | | (20 ILCS 301/40-5) | 7 | | Sec. 40-5. Election of treatment. An An addict or alcoholic | 8 | | who is charged
with or convicted of a crime or any other person | 9 | | charged with or convicted of a misdemeanor violation of the Use | 10 | | of Intoxicating Compounds Act and who has not been previously | 11 | | convicted of a violation of that Act may elect treatment under | 12 | | the supervision of a
licensed program designated by the | 13 | | Department, referred to in this Article
as "designated | 14 | | program", unless: | 15 | | (1) the crime is a crime of violence; | 16 | | (2) the crime is a violation of Section 401(a), 401(b), | 17 | | 401(c) where the
person electing treatment has been | 18 | | previously convicted of a non-probationable
felony or the | 19 | | violation is non-probationable, 401(d) where the violation | 20 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the | 21 | | Illinois Controlled
Substances
Act, or Section 12-7.3 of | 22 | | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | 23 | | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis |
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| 1 | | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | 2 | | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | 3 | | and Community Protection Act or is otherwise ineligible for | 4 | | probation under Section 70 of the Methamphetamine Control | 5 | | and Community Protection Act; | 6 | | (3) the person has a record of 2 or more convictions of | 7 | | a crime of
violence; | 8 | | (4) other criminal proceedings alleging commission of | 9 | | a felony are pending
against the person; | 10 | | (5) the person is on probation or parole and the | 11 | | appropriate parole or
probation authority does not consent | 12 | | to that election; | 13 | | (6) the person elected and was admitted to a designated | 14 | | program on 2 prior
occasions within any consecutive 2-year | 15 | | period; | 16 | | (7) the person has been convicted of residential | 17 | | burglary and has a record
of one or more felony | 18 | | convictions; | 19 | | (8) the crime is a violation of Section 11-501 of the | 20 | | Illinois Vehicle
Code or a similar provision of a local | 21 | | ordinance; or | 22 | | (9) the crime is a reckless homicide or a reckless | 23 | | homicide of an unborn
child, as defined in Section 9-3 or | 24 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, in
which the cause of death consists of the driving | 26 | | of a motor vehicle by a person
under the influence of |
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| 1 | | alcohol or any other drug or drugs at the time of the
| 2 | | violation. | 3 | | Nothing in this Section shall preclude an individual who is | 4 | | charged with or convicted of a crime that is a violation of | 5 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | 6 | | Community Protection Act, and who is otherwise eligible to make | 7 | | the election provided for under this Section, from being | 8 | | eligible to make an election for treatment as a condition of | 9 | | probation as provided for under this Article. | 10 | | (Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; | 11 | | 99-78, eff. 7-20-15.)
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