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| 1 | AN ACT concerning State government.
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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 5. 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 misdemeanor violation of the Use | ||||||
| 10 | of Intoxicating Compounds Act and who has not been previously | ||||||
| 11 | convicted of a violation of that Act may elect treatment under | ||||||
| 12 | the supervision of a
licensed program designated by the | ||||||
| 13 | Department, referred to in this Article
as "designated | ||||||
| 14 | program", unless: | ||||||
| 15 | (1) the crime is a crime of violence; | ||||||
| 16 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
| 17 | 401(c) where the
person electing treatment has been | ||||||
| 18 | previously convicted of a non-probationable
felony or the | ||||||
| 19 | violation is non-probationable, 401(d) where the violation | ||||||
| 20 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
| 21 | Illinois Controlled
Substances
Act, or Section 12-7.3 of | ||||||
| 22 | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | ||||||
| 23 | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis | ||||||
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| 1 | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | ||||||
| 2 | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | ||||||
| 3 | and Community Protection Act or is otherwise ineligible for | ||||||
| 4 | probation under Section 70 of the Methamphetamine Control | ||||||
| 5 | and Community Protection Act; | ||||||
| 6 | (3) the person has a record of 2 or more convictions of | ||||||
| 7 | a crime of
violence; | ||||||
| 8 | (4) other criminal proceedings alleging commission of | ||||||
| 9 | a felony are pending
against the person; | ||||||
| 10 | (5) the person is on probation or parole and the | ||||||
| 11 | appropriate parole or
probation authority does not consent | ||||||
| 12 | to that election; | ||||||
| 13 | (6) the person elected and was admitted to a designated | ||||||
| 14 | program on 2 prior
occasions within any consecutive 2-year | ||||||
| 15 | period; | ||||||
| 16 | (7) the person has been convicted of residential | ||||||
| 17 | burglary and has a record
of one or more felony | ||||||
| 18 | convictions; | ||||||
| 19 | (8) the crime is a violation of Section 11-501 of the | ||||||
| 20 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 21 | ordinance; or | ||||||
| 22 | (9) the crime is a reckless homicide or a reckless | ||||||
| 23 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
| 24 | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 25 | 2012, in
which the cause of death consists of the driving | ||||||
| 26 | of a motor vehicle by a person
under the influence of | ||||||
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| 1 | alcohol or any other drug or drugs at the time of the
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| 2 | violation. | ||||||
| 3 | (Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13; | ||||||
| 4 | 97-1150, eff. 1-25-13.)
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