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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 2. 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 addict or alcoholic | ||||||
| 8 | who is charged
with or convicted of a crime or any other person | ||||||
| 9 | charged with or convicted of a Class C misdemeanor violation of | ||||||
| 10 | the Use of Intoxicating Compounds Act may elect treatment under | ||||||
| 11 | the supervision of a
licensed program designated by the | ||||||
| 12 | Department, referred to in this Article
as "designated | ||||||
| 13 | program", unless: | ||||||
| 14 | (1) the crime is a crime of violence; | ||||||
| 15 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
| 16 | 401(c) where the
person electing treatment has been | ||||||
| 17 | previously convicted of a non-probationable
felony or the | ||||||
| 18 | violation is non-probationable, 401(d) where the violation | ||||||
| 19 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
| 20 | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | ||||||
| 21 | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | ||||||
| 22 | Cannabis Control Act or Section 15, 20, 55, 60, or 65 of | ||||||
| 23 | the Methamphetamine Control and Community Protection Act; | ||||||
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| 1 | (3) the person has a record of 2 or more convictions of | ||||||
| 2 | a crime of
violence; | ||||||
| 3 | (4) other criminal proceedings alleging commission of | ||||||
| 4 | a felony are pending
against the person; | ||||||
| 5 | (5) the person is on probation or parole and the | ||||||
| 6 | appropriate parole or
probation authority does not consent | ||||||
| 7 | to that election; | ||||||
| 8 | (6) the person elected and was admitted to a designated | ||||||
| 9 | program on 2 prior
occasions within any consecutive 2-year | ||||||
| 10 | period; | ||||||
| 11 | (7) the person has been convicted of residential | ||||||
| 12 | burglary and has a record
of one or more felony | ||||||
| 13 | convictions; | ||||||
| 14 | (8) the crime is a violation of Section 11-501 of the | ||||||
| 15 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 16 | ordinance; or | ||||||
| 17 | (9) the crime is a reckless homicide or a reckless | ||||||
| 18 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
| 19 | 9-3.2 of the Criminal Code of 1961, in
which the cause of | ||||||
| 20 | death consists of the driving of a motor vehicle by a | ||||||
| 21 | person
under the influence of alcohol or any other drug or | ||||||
| 22 | drugs at the time of the
violation. | ||||||
| 23 | (Source: P.A. 94-556, eff. 9-11-05.) | ||||||
| 24 | Section 5. The Use of Intoxicating Compounds Act is amended | ||||||
| 25 | by changing Section 4 as follows:
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| 1 | (720 ILCS 690/4) (from Ch. 38, par. 81-4)
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| 2 | Sec. 4. Sentence.
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| 3 | (a) Except as otherwise provided in subsection (b), | ||||||
| 4 | violation of this
Act is a Class C misdemeanor for a first | ||||||
| 5 | offense and a Class A misdemeanor for a second or subsequent | ||||||
| 6 | offense.
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| 7 | (b) (1) The knowing ingestion of any compound, liquid, or | ||||||
| 8 | chemical
containing the alkaloids atropine, hyoscyamine, or | ||||||
| 9 | scopolamine is a Class A
misdemeanor.
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| 10 | (2) The sale, offer for sale, delivery, or giving to any | ||||||
| 11 | person of a
compound, liquid, or chemical containing the | ||||||
| 12 | alkaloids atropine, hyoscyamine,
or scopolamine is a Class 4 | ||||||
| 13 | felony.
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| 14 | (3) This subsection (b) does not prohibit the sale, offer | ||||||
| 15 | for sale,
delivery, giving, or ingestion of a compound, liquid, | ||||||
| 16 | or chemical containing
the alkaloids atropine, hyoscyamine, or | ||||||
| 17 | scopolamine under the direction or
prescription of a | ||||||
| 18 | practitioner authorized to so direct or prescribe as provided
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| 19 | in Section 3.
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| 20 | (Source: P.A. 89-640, eff. 1-1-97.)
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