Rep. Michael J. Zalewski
Filed: 5/21/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1872 




2    AMENDMENT NO. ______. Amend Senate Bill 1872 on page 5, by 
3inserting immediately below line 15 the following:

 
4    "Section 10. The Mental Health Court Treatment Act is 
5amended  by changing Section 20 as follows:
 
6    (730 ILCS 168/20)

7    Sec. 20. Eligibility. 
8    (a) A defendant may be admitted into a mental health court 
9program only upon the agreement of the prosecutor and the 
10defendant and with the approval of the court.
11    (b) A defendant shall be excluded from a mental health 
12court program if any one of the following applies:
13        (1) The crime is a crime of violence as set forth in 
14    clause (3) of this subsection (b).
15        (2) The defendant does not demonstrate a willingness to 
16    participate in a treatment program.
 
 
09800SB1872ham001- 2 -LRB098 08541 RLC 46228 a

1        (3) The defendant has been convicted of a crime of 
2    violence within the past 10 years excluding incarceration 
3    time, specifically first degree murder, second degree 
4    murder, predatory criminal sexual assault of a child, 
5    aggravated criminal sexual assault, criminal sexual 
6    assault, armed robbery, aggravated arson, arson, 
7    aggravated kidnapping, kidnapping, stalking, aggravated 
8    stalking, or any offense involving the discharge of a 
9    firearm.
10        (4) (Blank).



11    (c) A defendant charged with prostitution under Section 
1211-14 of the Criminal Code of 2012 may be admitted into a 
13mental health court program, which may include specialized 
14service programs specifically designed to address the trauma 
15associated with prostitution and human trafficking, if 
16available in the jurisdiction and provided that the 
17requirements in subsections (a) and (b) are satisfied.  Judicial 
18circuits establishing these specialized programs shall partner 
19with prostitution and human trafficking advocates, survivors, 
20and service providers in the development of the programs. 
21(Source: P.A. 97-946, eff. 8-13-12.)".