Illinois General Assembly - Full Text of HB4236
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Full Text of HB4236  98th General Assembly




HB4236 EnrolledLRB098 17419 KTG 52519 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 40-5 as follows:
6    (20 ILCS 301/40-5)
7    Sec. 40-5. Election of treatment. An addict or alcoholic
8who is charged with or convicted of a crime or any other person
9charged with or convicted of a misdemeanor violation of the Use
10of Intoxicating Compounds Act and who has not been previously
11convicted of a violation of that Act may elect treatment under
12the supervision of a licensed program designated by the
13Department, referred to in this Article as "designated
14program", unless:
15        (1) the crime is a crime of violence;
16        (2) the crime is a violation of Section 401(a), 401(b),
17    401(c) where the person electing treatment has been
18    previously convicted of a non-probationable felony or the
19    violation is non-probationable, 401(d) where the violation
20    is non-probationable, 401.1, 402(a), 405 or 407 of the
21    Illinois Controlled Substances Act, or Section 12-7.3 of
22    the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
23    4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis



HB4236 Enrolled- 2 -LRB098 17419 KTG 52519 b

1    Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
2    60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
3    and Community Protection Act or is otherwise ineligible for
4    probation under Section 70 of the Methamphetamine Control
5    and Community Protection Act;
6        (3) the person has a record of 2 or more convictions of
7    a crime of violence;
8        (4) other criminal proceedings alleging commission of
9    a felony are pending against the person;
10        (5) the person is on probation or parole and the
11    appropriate parole or probation authority does not consent
12    to that election;
13        (6) the person elected and was admitted to a designated
14    program on 2 prior occasions within any consecutive 2-year
15    period;
16        (7) the person has been convicted of residential
17    burglary and has a record of one or more felony
18    convictions;
19        (8) the crime is a violation of Section 11-501 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance; or
22        (9) the crime is a reckless homicide or a reckless
23    homicide of an unborn child, as defined in Section 9-3 or
24    9-3.2 of the Criminal Code of 1961 or the Criminal Code of
25    2012, in which the cause of death consists of the driving
26    of a motor vehicle by a person under the influence of



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1    alcohol or any other drug or drugs at the time of the
2    violation.
3(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13;
497-1150, eff. 1-25-13.)