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| 1 | AMENDMENT TO SENATE BILL 844
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 844 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Drug Court Treatment Act is amended by | ||||||
| 5 | changing Section 20 as follows:
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| 6 | (730 ILCS 166/20)
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| 7 | Sec. 20. Eligibility.
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| 8 | (a) A defendant may be admitted into a drug court program | ||||||
| 9 | before adjudication only upon the
agreement of the prosecutor | ||||||
| 10 | and the defendant and with the approval of the
court. A | ||||||
| 11 | defendant may be admitted into a drug court program | ||||||
| 12 | post-adjudication only with the approval of the court.
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| 13 | (b) A defendant shall be excluded from a drug court program | ||||||
| 14 | if any of one of
the following apply:
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| 15 | (1) The crime is a crime of violence as set forth in | ||||||
| 16 | clause (4) of this
subsection (b).
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| 1 | (2) The defendant denies his or her use of or addiction | ||||||
| 2 | to drugs.
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| 3 | (3) The defendant does not demonstrate a willingness to | ||||||
| 4 | participate in
a treatment program.
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| 5 | (4) The defendant has been convicted of a crime of | ||||||
| 6 | violence within the
past
10 years excluding incarceration | ||||||
| 7 | time, including but not limited to: first
degree murder, | ||||||
| 8 | second degree murder, predatory criminal sexual assault of | ||||||
| 9 | a
child, aggravated criminal sexual assault, criminal | ||||||
| 10 | sexual assault, armed
robbery, aggravated arson, arson, | ||||||
| 11 | aggravated kidnaping, kidnaping, aggravated
battery | ||||||
| 12 | resulting in great bodily harm or permanent disability, | ||||||
| 13 | stalking,
aggravated stalking, or any offense
involving | ||||||
| 14 | the discharge of a firearm.
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| 15 | (5) (Blank). The defendant has previously completed or | ||||||
| 16 | has been discharged from a
drug court program.
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| 17 | (Source: P.A. 92-58, eff. 1-1-02.)".
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