HB4885ham008 94TH GENERAL ASSEMBLY

Rep. Lovana Jones

Filed: 3/1/2006

09400HB4885ham008 LRB094 18448 RLC 56913 a

AMENDMENT TO HOUSE BILL 4885

AMENDMENT NO. ______. Amend House Bill 4885 by replacing everything after the enacting clause with the following:

"Section 5. The Cannabis Control Act is amended by changing Section 10 as follows:

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, is charged with violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act, the court may elect to divert such person to a county drug school program or other local diversion program, if it is available. Whenever a person has just once previously been convicted of, or placed on probation or court supervision for a violation of Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act, the State's Attorney of the county in which the offense was committed may elect to divert such person to a county drug school program or other local diversion program, if it is available.

(b) Upon fulfillment of the terms and conditions of the drug school or drug diversion program, the State's Attorney may elect to dismiss the proceedings against such person.

(c) Upon a violation of any of the terms or conditions, or other unsuccessful completion of the drug school or drug diversion program, or if such a program is not available, the State's Attorney may proceed with prosecution as otherwise provided by law.

(d) (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him or her to probation.

(e) Probation under this Section shall not be imposed for a third or subsequent plea or finding of guilt for violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act. This subsection (e) does not preclude a sentence of probation or other sentence available under law.

(f) (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 alleging violation of a term or condition of probation.

(g) (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) submit to a drug assessment performed by a program designated by the State to perform such services for the Illinois courts, as defined in Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act, and if needed, drug education treatment through county drug school, or drug treatment through a program center licensed by the Department of Human Services, or equivalent as available; (3) participate in a mental health screening at an approved service; (2) refrain from possession of a firearm or other dangerous weapon; (4) (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; (5) refrain from possession of a firearm or other dangerous weapon; and (6) (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(h) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) (d) The court may, in addition to other conditions, require that the person:

(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 probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other dangerous weapon;

(7-5) 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;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(j) (e) 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.

(k) (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her.

(l) (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act).

(m) (h) Discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act may occur only once with respect to any person.

(n) (i) If a person is convicted of an offense under this Act, 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.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 10. The Illinois Controlled Substances Act is amended by changing Section 410 as follows:

(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)

Sec. 410. (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, is charged with possession of a controlled or counterfeit substance under subsection (c) of Section 402, the court may elect to divert such person to a county drug school program or other local diversion program, if it is available. Whenever a person has just once previously been convicted of, or placed on probation or court supervision for a violation of subsection (c) of Section 402 of this Act, the State's Attorney of the county in which the offense was committed may elect to divert such person to a county drug school program or other local diversion program, if it is available.

(b) Upon fulfillment of the terms and conditions of the drug school or drug diversion program, the State's Attorney may elect to dismiss the proceedings against such person.

(c) Upon a violation of any of the terms or conditions, or other unsuccessful completion of the drug school or drug diversion program, or if such a program is not available, the State's Attorney may proceed with prosecution as otherwise provided by law.

(d) (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this 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 a controlled or counterfeit substance under subsection (c) of Section 402, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation.

(e) Probation under this Section shall not be imposed for a third or subsequent plea or finding of guilt for possession of a controlled or counterfeit substance under subsection (c) of Section 402. This subsection (e) does not preclude a sentence of probation or other sentence available under law.

(f) (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 alleging violation of a term or condition of probation.

(g) (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) submit to a drug assessment performed by a program designated by the State to perform such services for the Illinois courts, as defined in Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act, and if needed, drug education treatment through county drug school, or drug treatment through a program center licensed by the Department of Human Services, or equivalent as available; (3) participate in a mental health screening at an approved service; (2) refrain from possessing a firearm or other dangerous weapon; (4) (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; (5) refrain from possessing a firearm or other dangerous weapon; and (6) (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(h) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) (d) The court may, in addition to other conditions, require that the person:

(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 probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services;

(5) attend or reside in a facility established for the instruction or residence of defendants on probation;

(6) support his dependents;

(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;

(7) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(j) (e) 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.

(k) (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him.

(l) (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

(m) (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 with respect to any person.

(n) (i) If a person is convicted of an offense under this Act, the Cannabis Control 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 evidence in aggravation.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 15. The Methamphetamine Control and Community Protection Act is amended by changing Section 70 as follows:

(720 ILCS 646/70)

Sec. 70. 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 or any law of the United States or of any State relating to cannabis or controlled substances, is charged with possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court may elect to divert such person to a county drug school program or other local diversion program, if it is available. Whenever a person has just once previously been convicted of, or placed on probation or court supervision for possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the State's Attorney of the county in which the offense was committed may elect to divert such person to a county drug school program or other local diversion program, if it is available.

(b) Upon fulfillment of the terms and conditions of the drug school or drug diversion program, the State's Attorney may elect to dismiss the proceedings against such person.

(c) Upon a violation of any of the terms or conditions, or other unsuccessful completion of the drug school or drug diversion program, or if such a program is not available, the State's Attorney may proceed with prosecution as otherwise provided by law.

(d) (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 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.

(e) Probation under this Section shall not be imposed for a third or subsequent plea or finding of guilt for possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act. This subsection (e) does not preclude a sentence of probation or other sentence available under law.

(f) (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 alleging violation of a term or condition of probation.

(g) (c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any jurisdiction;

(1.1) submit to a drug assessment performed by a program designated by the State to perform such services for the Illinois courts, as defined in Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act, and if needed, drug education treatment through county drug school, or drug treatment through a program center licensed by the Department of Human Services, or equivalent as available;

(1.2) participate in a mental health screening at an approved service;

(2) (blank) refrain from possessing a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and

(3.1) refrain from possessing a firearm or other dangerous weapon; and

(4) perform no less than 30 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board.

(h) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) (d) The court may, in addition to other conditions, require that the person take one or more of the following actions:

(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 probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services;

(5) attend or reside in a facility established for the instruction or residence of defendants on probation;

(6) support his or her dependents;

(7) refrain from having in his or her body the presence of any illicit drug prohibited by this 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; or

(8) if a minor:

(i) reside with his or her parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth; or

(iv) contribute to his or her own support at home or in a foster home.

(j) (e) 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.

(k) (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.

(l) (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

(m) (h) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, or Section 10 of the Cannabis Control Act with respect to any person.

(n) (i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section are admissible in the sentencing proceeding for that conviction as evidence in aggravation.

(Source: P.A. 94-556, eff. 9-11-05.)".