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Rep. John E. Bradley
Filed: 2/10/2010
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09600HB3869ham001 |
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LRB096 09270 RLC 35826 a |
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| AMENDMENT TO HOUSE BILL 3869
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| AMENDMENT NO. ______. Amend House Bill 3869 on page 1, by |
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| inserting immediately below line 3 the following:
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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 Class C misdemeanor violation of |
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| the Use of Intoxicating Compounds 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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09600HB3869ham001 |
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LRB096 09270 RLC 35826 a |
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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 |
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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 |