Full Text of HB3502 94th General Assembly
HB3502 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3502
Introduced 2/23/2005, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/402 |
from Ch. 56 1/2, par. 1402 |
720 ILCS 570/410 |
from Ch. 56 1/2, par. 1410 |
730 ILCS 166/35 |
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Amends the Illinois Controlled Substances Act and the Drug Court Treatment Act. Provides that whenever any person, who has not previously been convicted
of or placed on probation or court supervision for any offense relating to cannabis
or controlled substances, pleads guilty to or is found guilty of possession
of methamphetamine or
any salt of an optical isomer of methamphetamine arising from an act or acts that did not involve a crime of violence, the person shall be referred to a drug court program for treatment under the Drug Court Treatment Act. If the person successfully completes the program, the court shall discharge the person and dismiss the proceedings against him or her. If the person does not successfully complete the drug court program, he or she shall be sentenced as a Class X felony offender.
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A BILL FOR
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 402 and 410 as follows:
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| (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
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| Sec. 402. Except as otherwise authorized by this Act, it is | 8 |
| unlawful for
any person knowingly to possess a controlled or | 9 |
| counterfeit substance.
A violation of this Act with respect to | 10 |
| each of the controlled substances
listed herein constitutes a | 11 |
| single and separate violation of this Act.
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| (a) Except as otherwise provided in subsection (a-5) with | 13 |
| respect to possession of methamphetamine or any salt of an | 14 |
| optical isomer of
methamphetamine, any
Any person who violates | 15 |
| this Section with respect to the following
controlled or | 16 |
| counterfeit substances and amounts, notwithstanding any of the
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| provisions of subsections (c) and (d) to the
contrary, is | 18 |
| guilty of a Class 1 felony and shall, if sentenced to a term
of | 19 |
| imprisonment, be sentenced as provided in this subsection (a) | 20 |
| and fined
as provided in subsection (b):
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| (1) (A) not less than 4 years and not more than 15 | 22 |
| years with respect
to 15 grams or more but less than | 23 |
| 100 grams of a substance containing heroin;
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| (B) not less than 6 years and not more than 30 | 25 |
| years with respect to 100
grams or more but less than | 26 |
| 400 grams of a substance containing heroin;
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| (C) not less than 8 years and not more than 40 | 28 |
| years with respect to 400
grams or more but less than | 29 |
| 900 grams of any substance containing heroin;
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| (D) not less than 10 years and not more than 50 | 31 |
| years with respect to
900 grams or more of any | 32 |
| substance containing heroin;
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| (2) (A) not less than 4 years and not more than 15 | 2 |
| years with respect
to 15 grams or more but less than | 3 |
| 100 grams of any substance containing
cocaine;
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| (B) not less than 6 years and not more than 30 | 5 |
| years with respect to 100
grams or more but less than | 6 |
| 400 grams of any substance containing cocaine;
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| (C) not less than 8 years and not more than 40 | 8 |
| years with respect to 400
grams or more but less than | 9 |
| 900 grams of any substance containing cocaine;
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| (D) not less than 10 years and not more than 50 | 11 |
| years with respect to
900 grams or more of any | 12 |
| substance containing cocaine;
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| (3) (A) not less than 4 years and not more than 15 | 14 |
| years with respect
to 15 grams or more but less than | 15 |
| 100 grams of any substance containing
morphine;
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| (B) not less than 6 years and not more than 30 | 17 |
| years with respect to 100
grams or more but less than | 18 |
| 400 grams of any substance containing morphine;
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| (C) not less than 6 years and not more than 40 | 20 |
| years with respect to 400
grams or more but less than | 21 |
| 900 grams of any substance containing morphine;
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| (D) not less than 10 years and not more than 50 | 23 |
| years with respect to
900 grams or more of any | 24 |
| substance containing morphine;
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| (4) 200 grams or more of any substance containing | 26 |
| peyote;
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| (5) 200 grams or more of any substance containing a | 28 |
| derivative of
barbituric acid or any of the salts of a | 29 |
| derivative of barbituric acid;
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| (6) 200 grams or more of any substance containing | 31 |
| amphetamine or any salt
of an optical isomer of | 32 |
| amphetamine;
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| (6.5) (A) not less than 4 years and not more than 15 | 34 |
| years with
respect to 15 grams or more but less than |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| 100 grams of a substance containing
methamphetamine or | 2 |
| any salt of an optical isomer of
methamphetamine;
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| (B) not less than 6 years and not more than 30 | 4 |
| years with respect to 100
grams or more but less than | 5 |
| 400 grams of a substance containing
methamphetamine or | 6 |
| any salt of an optical isomer of
methamphetamine;
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| (C) not less than 8 years and not more than 40 | 8 |
| years with
respect to
400 grams or more but less than | 9 |
| 900 grams of a substance containing
methamphetamine or | 10 |
| any salt of an optical isomer of
methamphetamine;
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| (D) not less than 10 years and not more than 50 | 12 |
| years with
respect to
900 grams or more of any | 13 |
| substance containing methamphetamine or
any salt of an | 14 |
| optical isomer of methamphetamine;
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| (7) (A) not less than 4 years and not more than 15 | 16 |
| years with respect
to: (i) 15 grams or more but less | 17 |
| than 100 grams of any substance containing
lysergic | 18 |
| acid diethylamide (LSD), or an analog thereof, or (ii) | 19 |
| 15 or
more objects or 15 or more segregated parts of an | 20 |
| object or objects but
less than 200 objects or 200 | 21 |
| segregated parts of an object or objects
containing in | 22 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 24 |
| analog thereof;
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| (B) not less than 6 years and not more than 30 | 26 |
| years with respect
to: (i) 100 grams or more but less | 27 |
| than 400 grams of any substance
containing lysergic | 28 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
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| 200 or more objects or 200 or more segregated parts of | 30 |
| an object or objects
but less than 600 objects or less | 31 |
| than 600 segregated parts of an object or
objects | 32 |
| containing in them or having upon them any amount of | 33 |
| any substance
containing lysergic acid diethylamide | 34 |
| (LSD), or an analog thereof;
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| (C) not less than 8 years and not more than 40 | 36 |
| years with respect
to: (i) 400 grams or more but less |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| than 900 grams of any substance
containing lysergic | 2 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
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| 600 or more objects or 600 or more segregated parts of | 4 |
| an object or objects
but less than 1500 objects or 1500 | 5 |
| segregated parts of an object or objects
containing in | 6 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 8 |
| analog thereof;
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| (D) not less than 10 years and not more than 50 | 10 |
| years with respect
to: (i) 900 grams or more of any | 11 |
| substance containing lysergic acid
diethylamide (LSD), | 12 |
| or an analog thereof, or (ii) 1500 or more objects or
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| 1500 or more segregated parts of an object or objects | 14 |
| containing in them or
having upon them any amount of a | 15 |
| substance containing lysergic acid
diethylamide (LSD), | 16 |
| or an analog thereof;
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| (7.5) (A) not less than 4 years and not more than 15 | 18 |
| years with respect
to: (i) 15
grams or more but
less | 19 |
| than 100 grams of any substance listed in paragraph | 20 |
| (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | 21 |
| (25), or (26) of subsection (d) of Section 204, or an
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| analog or derivative
thereof, or (ii) 15 or more pills, | 23 |
| tablets, caplets, capsules, or objects but
less than | 24 |
| 200 pills,
tablets, caplets, capsules, or objects | 25 |
| containing in them or having upon them
any amount of | 26 |
| any
substance listed in paragraph (1), (2), (2.1), (3), | 27 |
| (14.1), (19), (20), (20.1),
(21), (25), or (26) of
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| subsection (d) of Section 204, or an analog or | 29 |
| derivative thereof;
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| (B) not less than 6 years and not more than 30 | 31 |
| years with respect to: (i)
100
grams or more but
less | 32 |
| than 400 grams of any substance listed in paragraph | 33 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 34 |
| (25), or (26) of subsection (d) of Section 204, or an | 35 |
| analog or
derivative thereof, or
(ii) 200 or more | 36 |
| pills, tablets, caplets, capsules, or objects but less |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| than
600
pills, tablets,
caplets, capsules, or objects | 2 |
| containing in them or having upon them any amount
of | 3 |
| any
substance
listed in paragraph (1), (2), (2.1), (3), | 4 |
| (14.1), (19), (20), (20.1), (21),
(25), or (26) of | 5 |
| subsection
(d) of Section 204, or an analog or | 6 |
| derivative thereof;
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| (C) not less than 8 years and not more than 40 | 8 |
| years with respect to: (i)
400
grams or more but
less | 9 |
| than 900 grams of any substance listed in paragraph | 10 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 11 |
| (25), or (26) of subsection (d) of Section 204, or an | 12 |
| analog or
derivative thereof,
or (ii) 600 or more | 13 |
| pills, tablets, caplets, capsules, or objects but less | 14 |
| than
1,500 pills, tablets,
caplets, capsules, or | 15 |
| objects containing in them or having upon them any | 16 |
| amount
of any
substance listed in paragraph (1), (2), | 17 |
| (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | 18 |
| (26) of
subsection (d) of Section 204, or an analog or | 19 |
| derivative thereof;
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| (D) not less than 10 years and not more than 50 | 21 |
| years with respect to:
(i)
900 grams or more of
any | 22 |
| substance listed in paragraph (1), (2), (2.1), (3), | 23 |
| (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 24 |
| subsection (d) of Section 204, or an analog or | 25 |
| derivative thereof, or (ii)
1,500 or more pills,
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| tablets, caplets, capsules, or objects containing in | 27 |
| them or having upon them
any amount of a
substance | 28 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | 29 |
| (20), (20.1),
(21), (25), or (26) of
subsection (d) of | 30 |
| Section 204, or an analog or derivative thereof;
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| (8) 30 grams or more of any substance containing | 32 |
| pentazocine or any of
the salts, isomers and salts of | 33 |
| isomers of pentazocine, or an analog thereof;
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| (9) 30 grams or more of any substance containing | 35 |
| methaqualone or any
of the salts, isomers and salts of | 36 |
| isomers of methaqualone;
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| (10) 30 grams or more of any substance containing | 2 |
| phencyclidine or any
of the salts, isomers and salts of | 3 |
| isomers of phencyclidine (PCP);
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| (10.5) 30 grams or more of any substance containing | 5 |
| ketamine or any of
the salts, isomers and salts of isomers | 6 |
| of ketamine;
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| (11) 200 grams or more of any substance containing any | 8 |
| substance
classified as a narcotic drug in Schedules I or | 9 |
| II which is not otherwise
included in this subsection.
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| (a-5) Whenever any person who has not previously been | 11 |
| convicted
of, or placed on probation or court supervision for | 12 |
| any offense under this
Act or any law of the United States or | 13 |
| of any State relating to cannabis
or controlled substances, | 14 |
| pleads guilty to or is found guilty of possession
of | 15 |
| methamphetamine or
any salt of an optical isomer of | 16 |
| methamphetamine arising from an act or acts that did not | 17 |
| involve a crime of violence as defined in Section 2 of the | 18 |
| Crime Victims Compensation Act, the person shall be referred to | 19 |
| a drug court program for treatment under the Drug Court | 20 |
| Treatment Act. If the person successfully completes the | 21 |
| program, the court shall discharge the person and dismiss the | 22 |
| proceedings against him or her. If the person does not | 23 |
| successfully complete the drug court program, he or she shall | 24 |
| be sentenced as a Class X felony offender.
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| (b) Any person sentenced with respect to violations of | 26 |
| paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) | 27 |
| involving 100
grams or more of the
controlled substance named | 28 |
| therein, may in addition to the penalties
provided therein, be | 29 |
| fined an amount not to exceed $200,000 or the full
street value | 30 |
| of the controlled or counterfeit substances, whichever is
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| greater. The term "street value" shall have the meaning
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| ascribed in Section 110-5 of the Code of Criminal Procedure of | 33 |
| 1963. Any
person sentenced with respect to any other provision | 34 |
| of subsection (a), may
in addition to the penalties provided | 35 |
| therein, be fined an amount not to
exceed $200,000.
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| (c) Except as otherwise provided in subsection (a-5) with |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| respect to possession of methamphetamine or any salt of an | 2 |
| optical isomer of
methamphetamine, any
Any person who violates | 3 |
| this Section with regard to an amount
of a controlled or | 4 |
| counterfeit substance not set forth in
subsection (a) or (d) is | 5 |
| guilty of a Class 4 felony. The fine for a
violation punishable | 6 |
| under this subsection (c) shall not be more
than $25,000.
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| (d) Any person who violates this Section with regard to any | 8 |
| amount of
anabolic steroid is guilty of a Class C misdemeanor
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| for the first offense and a Class B misdemeanor for a | 10 |
| subsequent offense
committed within 2 years of a prior | 11 |
| conviction.
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| (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; | 13 |
| 92-256, eff.
1-1-02.)
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| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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| Sec. 410. (a) Whenever any person who has not previously | 16 |
| been convicted
of, or placed on probation or court supervision | 17 |
| for any offense under this
Act or any law of the United States | 18 |
| or of any State relating to cannabis
or controlled substances, | 19 |
| pleads guilty to or is found guilty of possession
of a | 20 |
| controlled or counterfeit substance under subsection (c) of | 21 |
| Section
402, the court, without entering a judgment and with | 22 |
| the consent of such
person, may sentence him to probation.
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| (b) When a person is placed on probation, the court shall | 24 |
| enter an order
specifying a period of probation of 24 months | 25 |
| and shall defer further
proceedings in the case until the | 26 |
| conclusion of the period or until the
filing of a petition | 27 |
| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 29 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 30 |
| refrain from
possessing a firearm or other dangerous weapon; | 31 |
| (3) submit to periodic drug
testing at a time and in a manner | 32 |
| as ordered by the court, but no less than 3
times during the | 33 |
| period of the probation, with the cost of the testing to be
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| paid by the probationer; and (4) perform no less than 30 hours | 35 |
| of community
service, provided community service is available |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| in the jurisdiction and is
funded
and approved by the county | 2 |
| board.
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| (d) The court may, in addition to other conditions, require | 4 |
| that the person:
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| (1) make a report to and appear in person before or | 6 |
| participate with the
court or such courts, person, or | 7 |
| social service agency as directed by the
court in the order | 8 |
| of probation;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational
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| training;
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| (4) undergo medical or psychiatric treatment; or | 13 |
| treatment or
rehabilitation approved by the Illinois | 14 |
| Department of Human Services;
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| (5) attend or reside in a facility established for the | 16 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (6-5) refrain from having in his or her body the | 19 |
| presence of any illicit
drug prohibited by the Cannabis | 20 |
| Control Act or the Illinois Controlled
Substances Act, | 21 |
| unless prescribed by a physician, and submit samples of
his | 22 |
| or her blood or urine or both for tests to determine the | 23 |
| presence of any
illicit drug;
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| (7) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 29 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the | 31 |
| court
may enter a judgment on its original finding of guilt and | 32 |
| proceed as
otherwise provided.
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| (f) Upon fulfillment of the terms and conditions of | 34 |
| probation, the court
shall discharge the person and dismiss the | 35 |
| proceedings against him.
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| (g) A disposition of probation is considered to be a |
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| conviction
for the purposes of imposing the conditions of | 2 |
| probation and for appeal,
however, discharge and dismissal | 3 |
| under this Section is not a conviction for
purposes of this Act | 4 |
| or for purposes of disqualifications or disabilities
imposed by | 5 |
| law upon conviction of a crime.
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| (h) There may be only one discharge and dismissal under | 7 |
| this Section or
Section 10 of the Cannabis Control Act with | 8 |
| respect to any person.
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| (i) If a person is convicted of an offense under this Act | 10 |
| or the Cannabis
Control Act within 5 years
subsequent to a | 11 |
| discharge and dismissal under this Section, the discharge and
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| dismissal under this Section shall be admissible in the | 13 |
| sentencing proceeding
for that conviction
as evidence in | 14 |
| aggravation.
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| (j) This Section applies to persons referred to a drug | 16 |
| court program under subsection (a-5) of Section 402 of this | 17 |
| Act.
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| (Source: P.A. 91-696, eff. 4-13-00.)
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| Section 10. The Drug Court Treatment Act is amended by | 20 |
| changing Section 35 as follows:
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| (730 ILCS 166/35)
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| Sec. 35. Violation; termination; discharge.
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| (a) If the court finds from the evidence presented | 24 |
| including but not limited
to the reports or
proffers of proof | 25 |
| from the drug court professionals that:
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| (1) the defendant is not performing
satisfactorily
in | 27 |
| the assigned program;
| 28 |
| (2) the defendant is not benefitting from education,
| 29 |
| treatment, or rehabilitation;
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| (3) the defendant has engaged in criminal
conduct
| 31 |
| rendering him or her unsuitable for the program; or
| 32 |
| (4) the defendant has
otherwise
violated the terms and | 33 |
| conditions of the program or his or her sentence or is
for | 34 |
| any reason unable to participate;
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HB3502 |
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LRB094 08201 RLC 38388 b |
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| the court may impose reasonable sanctions
under prior written | 2 |
| agreement of the defendant, including but not limited to
| 3 |
| imprisonment or dismissal of the defendant from the program and | 4 |
| the court may
reinstate
criminal proceedings against him or her | 5 |
| or proceed under Section 5-6-4 of the
Unified Code of | 6 |
| Corrections for a violation of probation,
conditional | 7 |
| discharge,
or supervision hearing.
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| (b) Upon successful completion of the terms and conditions | 9 |
| of the program,
the
court may dismiss the original charges | 10 |
| against the defendant or successfully
terminate the | 11 |
| defendant's sentence or otherwise discharge him or her from any
| 12 |
| further proceedings against him or her in the original | 13 |
| prosecution. | 14 |
| (c) A person participating in a drug court program under | 15 |
| subsection (a-5) of Section 402 of the Illinois Controlled | 16 |
| Substances Act who is found not to be performing satisfactorily | 17 |
| in the assigned program is guilty of a Class X felony.
| 18 |
| (Source: P.A. 92-58, eff. 1-1-02.)
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