HB3869 Enrolled

LRB096 09270 RLC 19424 b






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    AN ACT concerning criminal  law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 2. The Alcoholism and Other Drug Abuse and 
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Dependency Act is amended  by changing Section 40-5 as follows:
 
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    (20 ILCS 301/40-5)
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    Sec. 40-5. Election of treatment. An addict or alcoholic 
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who is charged
with or convicted of a crime or any other person 
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charged with or convicted of a misdemeanor violation of the Use 
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of Intoxicating Compounds Act and who has not been previously 
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convicted of a violation of that Act may elect treatment under 
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the supervision of a
licensed program designated by the 
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Department, referred to in this Article
as "designated 
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program", unless:
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        (1) the crime is a crime of violence;
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        (2) the crime is a violation of Section 401(a), 401(b), 
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    401(c) where the
person electing treatment has been 
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    previously convicted of a non-probationable
felony or the 
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    violation is non-probationable, 401(d) where the violation 
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    is
non-probationable, 401.1, 402(a), 405 or 407 of the 
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    Illinois Controlled
Substances
Act, or Section 4(d), 4(e), 
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    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the 
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    Cannabis Control Act or Section 15, 20, 55, 60, or 65 of 
 


 






HB3869 Enrolled
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LRB096 09270 RLC 19424 b




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    the Methamphetamine Control and Community Protection Act;
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        (3) the person has a record of 2 or more convictions of 
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    a crime of
violence;
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        (4) other criminal proceedings alleging commission of 
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    a felony are pending
against the person;
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        (5) the person is on probation or parole and the 
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    appropriate parole or
probation authority does not consent 
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    to that election;
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        (6) the person elected and was admitted to a designated 
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    program on 2 prior
occasions within any consecutive 2-year 
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    period;
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        (7) the person has been convicted of residential 
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    burglary and has a record
of one or more felony 
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    convictions;
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        (8) the crime is a violation of Section 11-501 of the 
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    Illinois Vehicle
Code or a similar provision of a local 
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    ordinance; or
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        (9) the crime is a reckless homicide or a reckless 
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    homicide of an unborn
child, as defined in Section 9-3 or 
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    9-3.2 of the Criminal Code of 1961, in
which the cause of 
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    death consists of the driving of a motor vehicle by a 
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    person
under the influence of alcohol or any other drug or 
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    drugs at the time of the
violation.
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(Source: P.A. 94-556, eff. 9-11-05.)
 
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    Section 5. The Use of Intoxicating Compounds Act is amended  
 


 






HB3869 Enrolled
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LRB096 09270 RLC 19424 b




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by changing Section 4 as follows:
 



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    (720 ILCS 690/4)  (from Ch. 38, par. 81-4)



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    Sec. 4. Sentence. 

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    (a) Except as otherwise provided in subsection (b), 
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violation of this
Act is a Class C misdemeanor for a first 
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offense and a Class A misdemeanor for a second or subsequent 
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offense.

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    (b) (1) The knowing ingestion of any compound, liquid, or 
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chemical
containing the alkaloids atropine, hyoscyamine, or 
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scopolamine is a Class A
misdemeanor.

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    (2) The sale, offer for sale, delivery, or giving to any 
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person of a
compound, liquid, or chemical containing the 
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alkaloids atropine, hyoscyamine,
or scopolamine is a Class 4 
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felony.

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    (3) This subsection (b) does not prohibit the sale, offer 
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for sale,
delivery, giving, or ingestion of a compound, liquid, 
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or chemical containing
the alkaloids atropine, hyoscyamine, or 
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scopolamine under the direction or
prescription of a 
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practitioner authorized to so direct or prescribe as provided

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in Section 3.

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(Source: P.A. 89-640, eff. 1-1-97.)