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HB6210 Engrossed |
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LRB096 16603 RLC 36651 b |
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| AN ACT concerning drugs.
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| WHEREAS, Treatment Alternatives for Safe Communities |
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| (TASC) is a more rigorous sentencing option employed by |
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| Illinois courts to ensure that offenders rehabilitate and prove |
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| to the Court that they remain drug free; therefore
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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 5. 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 may elect treatment |
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| under 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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HB6210 Engrossed |
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LRB096 16603 RLC 36651 b |
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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(b)(3), |
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| 60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the |
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| Methamphetamine Control and Community Protection Act or is |
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| otherwise ineligible for probation under Section 70 of the |
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| 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 |