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90_SB0014ham001
LRB9000800RCksam
1 AMENDMENT TO SENATE BILL 14
2 AMENDMENT NO. . Amend Senate Bill 14 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to cannabis and controlled
5 substances."; and
6 on page 1, by inserting between lines 4 and 5 the following:
7 "Section 2. The Alcoholism and Other Drug Abuse and
8 Dependency Act is amended by changing Section 40-5 as
9 follows:
10 (20 ILCS 301/40-5)
11 Sec. 40-5. Election of treatment. An addict or
12 alcoholic who is charged with or convicted of a crime may
13 elect treatment under the supervision of a licensed program
14 designated by the Department, referred to in this Article as
15 "designated program", unless:
16 (1) the crime is a crime of violence;
17 (2) the crime is a violation of Section 401(a),
18 401(b), 401(c) where the person electing treatment has
19 been previously convicted of a non-probationable felony
20 or the violation is non-probationable, 401(d) where the
21 violation is non-probationable, 401.1, 402(a), 405 or 407
-2- LRB9000800RCksam
1 of the Illinois Controlled Substances Act, or Section
2 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or
3 9 of the Cannabis Control Act;
4 (3) the person has a record of 2 or more
5 convictions of a crime of violence;
6 (4) other criminal proceedings alleging commission
7 of a felony are pending against the person;
8 (5) the person is on probation or parole and the
9 appropriate parole or probation authority does not
10 consent to that election;
11 (6) the person elected and was admitted to a
12 designated program on 2 prior occasions within any
13 consecutive 2-year period;
14 (7) the person has been convicted of residential
15 burglary and has a record of one or more felony
16 convictions;
17 (8) the crime is a violation of Section 11-501 of
18 the Illinois Vehicle Code or a similar provision of a
19 local ordinance; or
20 (9) the crime is a reckless homicide or a reckless
21 homicide of an unborn child, as defined in Section 9-3 or
22 9-3.2 of the Criminal Code of 1961, in which the cause of
23 death consists of the driving of a motor vehicle by a
24 person under the influence of alcohol or any other drug
25 or drugs at the time of the violation.
26 (Source: P.A. 88-80; incorporates 88-98; 88-670, eff.
27 12-2-94.)"; and
28 on page 3, by inserting below line 16 the following:
29 "Section 99. Effective date. This Act takes effect upon
30 becoming law.".
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