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| 1 | AN ACT concerning drugs.
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| 2 | WHEREAS, Treatment Alternatives for Safe Communities | ||||||
| 3 | (TASC) is a more rigorous sentencing option employed by | ||||||
| 4 | Illinois courts to ensure that offenders rehabilitate and prove | ||||||
| 5 | to the Court that they remain drug free; therefore | ||||||
| 6 | Be it enacted by the People of the State of Illinois,
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| 7 | represented in the General Assembly:
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| 8 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||
| 9 | Dependency Act is amended by changing Section 40-5 as follows:
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| 10 | (20 ILCS 301/40-5)
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| 11 | Sec. 40-5. Election of treatment. An addict or alcoholic | ||||||
| 12 | who is charged
with or convicted of a crime may elect treatment | ||||||
| 13 | under the supervision of a
licensed program designated by the | ||||||
| 14 | Department, referred to in this Article
as "designated | ||||||
| 15 | program", unless:
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| 16 | (1) the crime is a crime of violence;
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| 17 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
| 18 | 401(c) where the
person electing treatment has been | ||||||
| 19 | previously convicted of a non-probationable
felony or the | ||||||
| 20 | violation is non-probationable, 401(d) where the violation | ||||||
| 21 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
| 22 | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | ||||||
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| 1 | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | ||||||
| 2 | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | ||||||
| 3 | 60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the | ||||||
| 4 | Methamphetamine Control and Community Protection Act or is | ||||||
| 5 | otherwise ineligible for probation under Section 70 of the | ||||||
| 6 | Methamphetamine Control and Community Protection Act;
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| 7 | (3) the person has a record of 2 or more convictions of | ||||||
| 8 | a crime of
violence;
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| 9 | (4) other criminal proceedings alleging commission of | ||||||
| 10 | a felony are pending
against the person;
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| 11 | (5) the person is on probation or parole and the | ||||||
| 12 | appropriate parole or
probation authority does not consent | ||||||
| 13 | to that election;
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| 14 | (6) the person elected and was admitted to a designated | ||||||
| 15 | program on 2 prior
occasions within any consecutive 2-year | ||||||
| 16 | period;
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| 17 | (7) the person has been convicted of residential | ||||||
| 18 | burglary and has a record
of one or more felony | ||||||
| 19 | convictions;
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| 20 | (8) the crime is a violation of Section 11-501 of the | ||||||
| 21 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 22 | ordinance; or
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| 23 | (9) the crime is a reckless homicide or a reckless | ||||||
| 24 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
| 25 | 9-3.2 of the Criminal Code of 1961, in
which the cause of | ||||||
| 26 | death consists of the driving of a motor vehicle by a | ||||||
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| 1 | person
under the influence of alcohol or any other drug or | ||||||
| 2 | drugs at the time of the
violation.
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| 3 | (Source: P.A. 94-556, eff. 9-11-05.)
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