101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4846
 
Introduced 2/18/2020, by Rep. Lindsay Parkhurst
 
SYNOPSIS AS INTRODUCED:
 

 



730 ILCS 166/20

     Amends the Drug Court Treatment Act.  Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's "substance use disorder" as defined in the Substance Use Disorder Act.  Lists additional offenses that exclude a defendant from admission into a drug court program.
  


LRB101 18093 RLC 67532 b

 
 
A BILL FOR
 

  
HB4846LRB101 18093 RLC 67532 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Drug Court Treatment Act is amended  by 
5changing Section 20 as follows:
 



6    (730 ILCS 166/20)



7    Sec. 20. Eligibility. 

8    (a) A defendant may be admitted into a drug court program 
9only upon the
agreement of the defendant and with the approval 
10of the
court.

11    (a-5)  Before a defendant is admitted into a drug court 
12program, the court must make a finding that the crime for which 
13the defendant is to be admitted into the drug court program had 
14a nexus to the defendant's "substance use disorder" as defined 
15in Section 1-10 of the Substance Use Disorder Act. 
16    (b) A defendant shall be excluded from a drug court program 
17if any of one of
the following apply:

18        (1) The crime is a crime of violence as set forth in 
19    clause (4) of this
subsection (b).

20        (2) The defendant denies his or her use of or addiction 
21    to drugs.

22        (3) The defendant does not demonstrate a willingness to 
23    participate in
a treatment program.

 
 
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1        (4) The defendant has been convicted of a crime of 
2    violence within the
past
10 years excluding incarceration 
3    time. 
4        As used in this Section, "crime of violence" means: 
5    first
degree murder, second degree murder, predatory 
6    criminal sexual assault of a
child, aggravated criminal 
7    sexual assault, criminal sexual assault, armed
robbery, 
8    aggravated arson, arson, aggravated kidnaping, kidnaping, 
9    aggravated
battery resulting in great bodily harm or 
10    permanent disability, stalking,
aggravated stalking, or 
11    any offense
involving the discharge of a firearm. "Crime of 
12    violence" also means: aggravated domestic battery in 
13    violation of Section 12-3.3 of the Criminal Code of 2012; 
14    robbery; aggravated robbery; aggravated assault if a 
15    deadly weapon was used during the offense; aggravated 
16    unlawful use of a weapon; aggravated battery if the victim 
17    of the offense is a peace officer who was (i) performing 
18    his or her official duties, (ii) battered to prevent the 
19    performance of his or her official duties, or (iii) 
20    battered in retaliation for performing his or her official 
21    duties; non-consensual dissemination of private sexual 
22    images; violation of an order of protection; failure to 
23    register as a sexual predator or sex offender or failure to 
24    report to a law enforcement agency as required under the 
25    Sex Offender Registration Act; failure to register as a 
26    violent offender against youth or failure to report to a 
 
 
HB4846- 3 -LRB101 18093 RLC 67532 b

1    law enforcement agency as required under the Murderer and 
2    Violent Offender Against Youth Registration Act; 
3    aggravated driving under the influence of alcohol, other 
4    drug or drugs, or intoxicating compound or compounds, or 
5    any combination thereof; domestic battery; or any offense 
6    requiring registration under the Sex Offender Registration 
7    Act or the  Murderer and Violent Offender Against Youth 
8    Registration Act.

9    (c) Notwithstanding subsection (a), the defendant may be 
10admitted into a drug court program only upon the agreement of 
11the prosecutor if:
12        (1) the defendant is charged with a Class 2 or greater 
13    felony violation of:
14            (A)  Section 401, 401.1, 405, or 405.2 of the 
15        Illinois Controlled Substances Act;
16            (B) Section 5, 5.1, or 5.2 of the Cannabis Control 
17        Act;
18            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, 
19        or 65 of the Methamphetamine Control and Community 
20        Protection Act; or
21        (2) the defendant has previously, on 3 or more 
22    occasions, either completed a drug court program, been 
23    discharged from a drug court program, or been terminated 
24    from a drug court program.

25(Source: P.A. 99-480, eff. 9-9-15.)