HB6313 98TH GENERAL ASSEMBLY

LRB098 23010 HEP 61970 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6313

Introduced , by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

New Act

Creates the Judicial Drug Abuse Prevention Act. Defines "drug and alcohol testing" and provides that "judge" includes Supreme Court justices, appellate judges, circuit judges, and associate judges. Provides that a person may not commence service as a judge in this State unless the person has first submitted to drug and alcohol testing, and the drug and alcohol testing has not disclosed any amount of alcohol or a drug, substance, or compound in the person's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Provides that presiding judges must submit to random drug and alcohol testing at least once a year, and if the drug and alcohol testing discloses a blood alcohol concentration of more than .02 or any amount of a drug, the judge shall be removed from service until he or she completes a substance abuse program. Provides if a judge is removed from service and subsequently allowed to resume serving as a judge, the judge shall consent to drug and alcohol testing at least 9 times each year for a period of 3 years or until the person is no longer serving as a judge, whichever is shorter. Contains requirements concerning the drug and alcohol testing and substance abuse program. Provides an exemption for the consumption of lawfully prescribed drugs or cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act. Provides that the Administrative Office of the Illinois Courts shall implement the provisions of the Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning courts.

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

Section 1. Short title. This Act may be cited as the Judicial Drug Abuse Prevention Act.

Section 5. Definitions. As used in this Act:

"Drug and alcohol testing" means testing of breath and urine for the purpose of determining the content of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof which complies with the requirements of Section 10 of this Act.

"Judge" includes Supreme Court justices, appellate judges, circuit judges, and associate judges.

Section 10. Mandatory drug and alcohol testing of judges.

(a) A person may not serve as a judge, or return to service as a judge after the person was removed under subsection (b) of this Section, unless the person has first submitted to drug and alcohol testing and the drug and alcohol testing has not disclosed any amount of alcohol or a drug, substance, or compound in the person's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

(b) A person may not continue to serve as a judge unless the person submits at least once a year to random drug and alcohol testing and the drug and alcohol testing has disclosed a blood alcohol concentration of less than .02 and has not disclosed any amount of a drug, substance, or compound in the person's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If drug and alcohol testing discloses a blood alcohol concentration of more than .02 or any amount of a drug, substance, or compound in the judge's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the judge shall be removed from service until he or she completes a substance abuse program under Section 20 of this Act.

(c) If a judge is removed from service under subsection (b) of this Section and subsequently is allowed to resume serving as a judge, the judge shall consent to drug and alcohol testing at least 9 times each year for a period of 3 years or until the person is no longer serving as a judge, whichever is shorter. If the drug and alcohol testing discloses a blood alcohol concentration of more than .02 or any amount of a drug, substance, or compound in the judge's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the judge shall be removed from service until he or she completes a substance abuse program under Section 20 of this Act.

Section 15. Test requirements. Each judge shall submit to drug and alcohol testing that consists of, at a minimum, the following:

(1) a 5-panel urine test for for drugs, substances, or compounds in the person's urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a Schedule I controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; and

(2) a testing of breath for the purpose of determining the content of alcohol in the person's blood.

Section 20. Substance abuse program.

(a) If a judge is removed from service under subsection (b) of Section 5 of this Act, the Administrative Office of the Illinois Courts shall refer the person to a substance abuse program approved by the Supreme Court. The person may not resume service as a judge until he or she obtains and provides a release from the substance abuse program and the person submits to drug and alcohol testing in accordance with Section 5 of this Act.

(b) If the administrator of the substance abuse program prescribes a treatment protocol for the person, the person shall submit proof that the treatment protocol has been completed.

Section 25. Medical exemptions. A person may not be prevented from serving as a judge under this Act due to:

(1) the disclosure of a drug in the person's system for which the person has a lawful prescription; or

(2) the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act.

Section 30. Implementation of Act. The Administrative Office of the Illinois Courts shall implement the provisions of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.