SB0844 EngrossedLRB099 05982 RLC 26033 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Drug Court Treatment Act is amended  by 
5changing Section 20 as follows:
 



6    (730 ILCS 166/20)



7    Sec. 20. Eligibility. 

8    (a) A defendant may be admitted into a drug court program 
9before adjudication only upon the
agreement of the prosecutor 
10and the defendant and with the approval of the
court. A 
11defendant may be admitted into a drug court program 
12post-adjudication only with the approval of the court. 

13    (b) A defendant shall be excluded from a drug court program 
14if any of one of
the following apply:


15        (1) The crime is a crime of violence as set forth in 
16    clause (4) of this
subsection (b).


17        (2) The defendant denies his or her use of or addiction 
18    to drugs.


19        (3) The defendant does not demonstrate a willingness to 
20    participate in
a treatment program.


21        (4) The defendant has been convicted of a crime of 
22    violence within the
past
10 years excluding incarceration 
23    time, including but not limited to: first
degree murder, 
 
 
SB0844 Engrossed- 2 -LRB099 05982 RLC 26033 b

1    second degree murder, predatory criminal sexual assault of 
2    a
child, aggravated criminal sexual assault, criminal 
3    sexual assault, armed
robbery, aggravated arson, arson, 
4    aggravated kidnaping, kidnaping, aggravated
battery 
5    resulting in great bodily harm or permanent disability, 
6    stalking,
aggravated stalking, or any offense
involving 
7    the discharge of a firearm.


8        (5) (Blank). The defendant has previously completed or 
9    has been discharged from a
drug court program.

10(Source: P.A. 92-58, eff. 1-1-02.)