Full Text of HB4885 94th General Assembly
HB4885ham001 94TH GENERAL ASSEMBLY
|
Rep. Lovana Jones
Filed: 3/1/2006
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09400HB4885ham001 |
|
LRB094 18448 RLC 56816 a |
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| 1 |
| AMENDMENT TO HOUSE BILL 4885
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4885 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Cannabis Control Act is amended by changing | 5 |
| Section 10 as follows:
| 6 |
| (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| 7 |
| Sec. 10. (a)
Whenever any person who has not previously | 8 |
| been convicted of, or placed
on probation or court supervision | 9 |
| for, any offense under this Act or any
law of the United States | 10 |
| or of any State relating to cannabis, or controlled
substances | 11 |
| as defined in the Illinois Controlled Substances Act, pleads
| 12 |
| guilty to or is found guilty of violating Sections 4(a), 4(b), | 13 |
| 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | 14 |
| entering a
judgment and with the consent of such person, | 15 |
| sentence him or her to probation pursuant to the terms of this | 16 |
| Section .
| 17 |
| (b) When a person is placed on probation, the court shall | 18 |
| enter an order
specifying a period of probation of 6 to 36
24
| 19 |
| months, and shall defer further
proceedings in
the case until | 20 |
| the conclusion of the period or until the filing of a petition
| 21 |
| alleging violation of a term or condition of probation.
| 22 |
| (c) The conditions of probation shall be that the person: | 23 |
| (1) not violate
any criminal statute of any jurisdiction; (2) | 24 |
| refrain from possession of a
firearm
or other dangerous weapon; |
|
|
|
09400HB4885ham001 |
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LRB094 18448 RLC 56816 a |
|
| 1 |
| (3) submit to periodic drug testing at a time and in
a manner | 2 |
| as ordered by the court, but no less than 3 times during the | 3 |
| period of
the probation, with the cost of the testing to be | 4 |
| paid by the probationer; and
(4) perform no less than 30 hours | 5 |
| of community service, provided community
service is available | 6 |
| in the jurisdiction ; and (5) for first time offenders and | 7 |
| others for whom the court deems it beneficial, attend a drug | 8 |
| school program, provided a drug school program is available. If | 9 |
| a drug school program is not available, the court shall seek | 10 |
| recommendations for treatment or other intervention by a | 11 |
| licensed program designated by the State to provide assessment | 12 |
| services to the courts
and is funded and approved by the
county | 13 |
| board .
| 14 |
| (d) The court may, in addition to other conditions, require
| 15 |
| that the person:
| 16 |
| (1) make a report to and appear in person before or | 17 |
| participate with the
court or such courts, person, or | 18 |
| social service agency as directed by the
court in the order | 19 |
| of probation;
| 20 |
| (2) pay a fine and costs;
| 21 |
| (3) work or pursue a course of study or vocational | 22 |
| training;
| 23 |
| (4) undergo medical or psychiatric treatment; or | 24 |
| treatment for drug
addiction or alcoholism;
| 25 |
| (5) attend or reside in a facility established for the | 26 |
| instruction or
residence of defendants on probation;
| 27 |
| (6) support his dependents;
| 28 |
| (7) refrain from possessing a firearm or other | 29 |
| dangerous weapon;
| 30 |
| (7-5) refrain from having in his or her body the | 31 |
| presence of any illicit
drug prohibited by the Cannabis | 32 |
| Control Act, the Illinois Controlled
Substances Act, or the | 33 |
| Methamphetamine Control and Community Protection Act, | 34 |
| unless prescribed by a physician, and submit samples of
his |
|
|
|
09400HB4885ham001 |
- 3 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| or her blood or urine or both for tests to determine the | 2 |
| presence of any
illicit drug;
| 3 |
| (7-6) undergo treatment under the supervision of a | 4 |
| licensed program designated by the Department of Human | 5 |
| Services, and according to the terms of Article 40 of the | 6 |
| Alcoholism and Other Drug Abuse and Dependency Act;
| 7 |
| (8) and in addition, if a minor:
| 8 |
| (i) reside with his parents or in a foster home;
| 9 |
| (ii) attend school;
| 10 |
| (iii) attend a non-residential program for youth;
| 11 |
| (iv) contribute to his own support at home or in a | 12 |
| foster home.
| 13 |
| (d-1) In addition to any other criminal or administrative | 14 |
| sanction for any second conviction of violating Section 4(a), | 15 |
| 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act or a similar law | 16 |
| of another state or of the United States committed within 5 | 17 |
| years of a previous violation of Section 4(a), 4(b), 4(c),
| 18 |
| 5(a), 5(b), 5(c) or 8 of this Act or a similar law of another | 19 |
| state or of the United States, the defendant shall be sentenced | 20 |
| to a mandatory minimum of 5 days of imprisonment or assigned a | 21 |
| mandatory minimum of 40 hours of community service as may be | 22 |
| determined by the court. | 23 |
| (d-2) In addition to any other criminal or administrative | 24 |
| sanction for any third conviction of violating Section 4(a), | 25 |
| 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act or a similar law | 26 |
| of another state or of the United States committed within 5 | 27 |
| years of a previous violation of Section 4(a), 4(b), 4(c),
| 28 |
| 5(a), 5(b), 5(c) or 8 of this Act or a similar law of another | 29 |
| state or of the United States, the defendant shall be sentenced | 30 |
| to a mandatory minimum of 10 days of imprisonment or assigned a | 31 |
| mandatory minimum of 80 hours of community service as may be | 32 |
| determined by the court. | 33 |
| (d-3) Whenever any person who has previously been convicted | 34 |
| of, or placed on probation or court supervision for, any |
|
|
|
09400HB4885ham001 |
- 4 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| offense under this Act or any law of the United States or of | 2 |
| any state relating to cannabis or controlled substances pleads | 3 |
| guilty to or is found guilty of possession of cannabis under | 4 |
| this Act, that person also may be required to undergo (i) an | 5 |
| assessment conducted by a licensed program designated by the | 6 |
| State to provide assessment services to the courts to determine | 7 |
| if an alcohol, drug, or intoxicating compound abuse problem | 8 |
| exists and the extent of the problem, and (ii) a professional | 9 |
| mental health screening, and undergo the imposition of | 10 |
| treatment as appropriate. Whenever the professional evaluation | 11 |
| or mental health screening recommends remedial or | 12 |
| rehabilitative treatment or education, the court may monitor | 13 |
| compliance with any remedial education or treatment | 14 |
| recommendations contained in the professional evaluation or | 15 |
| mental health screening. Assessments or screenings under this | 16 |
| subsection (d-3) shall be conducted by an agent independent of | 17 |
| any treatment provider to which the person may be referred. | 18 |
| (d-4) In addition to any other criminal or administrative | 19 |
| sanction for any third or subsequent conviction of violating | 20 |
| Section 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act or | 21 |
| a similar law of another state or of the United States within 5 | 22 |
| years of a previous violation of Section 4(a), 4(b), 4(c),
| 23 |
| 5(a), 5(b), 5(c) or 8 of this Act or a similar law of another | 24 |
| state or of the United States, the court may also order the | 25 |
| defendant to participate in a treatment intervention | 26 |
| consistent with his or her clinical and supervisory needs, | 27 |
| including but not limited to supervision under Article 40 of | 28 |
| the Alcoholism and Other Drug Abuse and Dependency Act or | 29 |
| supervision under the Drug Court Treatment Act.
| 30 |
| (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.
| 33 |
| (f) Upon fulfillment of the terms and
conditions of | 34 |
| probation, the court shall discharge such person and dismiss
|
|
|
|
09400HB4885ham001 |
- 5 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| the proceedings against him.
| 2 |
| (g) A disposition of probation is considered to be a | 3 |
| conviction
for the purposes of imposing the conditions of | 4 |
| probation and for appeal,
however, discharge and dismissal | 5 |
| under this Section is not a conviction for
purposes of | 6 |
| disqualification or disabilities imposed by law upon | 7 |
| conviction of
a crime (including the additional penalty imposed | 8 |
| for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 9 |
| of this Act).
| 10 |
| (h) (Blank).
Discharge and dismissal under this Section,
| 11 |
| Section 410 of the Illinois Controlled Substances Act, or | 12 |
| Section 70 of the Methamphetamine Control and Community | 13 |
| Protection Act may occur only once
with respect to any person.
| 14 |
| (h-1) A sentence of probation under this Section is | 15 |
| immediately expungeable upon the successful completion of the | 16 |
| probation.
| 17 |
| (i) If a person is convicted of an offense under this Act, | 18 |
| the Illinois
Controlled Substances Act, or the Methamphetamine | 19 |
| Control and Community Protection Act within 5 years
subsequent | 20 |
| to a discharge and dismissal under this Section, the discharge | 21 |
| and
dismissal under this Section shall be admissible in the | 22 |
| sentencing proceeding
for that conviction
as a factor in | 23 |
| aggravation. | 24 |
| (j) A person is not eligible for a disposition of probation | 25 |
| under this Section if he or she has during the course of the | 26 |
| act
giving rise to the offense under Section 4(a), 4(b), 4(c),
| 27 |
| 5(a), 5(b), 5(c) or 8 of this Act committed any violation of | 28 |
| Section 5.1, 5.2, or 7 of this Act, any violation of Section | 29 |
| 401, 405, 405.1,
405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, | 30 |
| or 408 of the Illinois Controlled Substances Act, any violation | 31 |
| of the Methamphetamine Control and Community
Protection Act | 32 |
| involving the manufacture, delivery, or
possession with intent | 33 |
| to deliver of methamphetamine or a
methamphetamine precursor, | 34 |
| or any offense that is a violent
crime under the Rights of |
|
|
|
09400HB4885ham001 |
- 6 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| Crime Victims and Witnesses Act.
| 2 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 3 |
| Section 10. The Illinois Controlled Substances Act is | 4 |
| amended by changing Section 410 as follows:
| 5 |
| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 6 |
| Sec. 410. (a) Whenever any person who has not previously | 7 |
| been convicted
of, or placed on probation or court supervision | 8 |
| for any offense under this
Act or any law of the United States | 9 |
| or of any State relating to cannabis
or controlled substances,
| 10 |
| pleads guilty to or is found guilty of possession
of a | 11 |
| controlled or counterfeit substance under subsection (c) of | 12 |
| Section
402, the court, without entering a judgment and with | 13 |
| the consent of such
person, may sentence him or her to | 14 |
| probation pursuant to the terms of this Section .
| 15 |
| (b) When a person is placed on probation, the court shall | 16 |
| enter an order
specifying a period of probation of 6 to 36
24
| 17 |
| months and shall defer further
proceedings in the case until | 18 |
| the conclusion of the period or until the
filing of a petition | 19 |
| alleging violation of a term or condition of probation.
| 20 |
| (c) The conditions of probation shall be that the person: | 21 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 22 |
| refrain from
possessing a firearm or other dangerous weapon; | 23 |
| (3) submit to periodic drug
testing at a time and in a manner | 24 |
| as ordered by the court, but no less than 3
times during the | 25 |
| period of the probation, with the cost of the testing to be
| 26 |
| paid by the probationer; and (4) perform no less than 30 hours | 27 |
| of community
service, provided community service is available | 28 |
| in the jurisdiction ; and (5) for first time offenders and | 29 |
| others for whom the court deems it beneficial, attend a drug | 30 |
| school program, provided a drug school program is available. If | 31 |
| a drug school program is not available, the court shall seek | 32 |
| recommendations for treatment or other intervention by a |
|
|
|
09400HB4885ham001 |
- 7 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| licensed program designated by the State to provide assessment | 2 |
| services to the courts
and is
funded
and approved by the county | 3 |
| board .
| 4 |
| (d) The court may, in addition to other conditions, require | 5 |
| that the person:
| 6 |
| (1) make a report to and appear in person before or | 7 |
| participate with the
court or such courts, person, or | 8 |
| social service agency as directed by the
court in the order | 9 |
| of probation;
| 10 |
| (2) pay a fine and costs;
| 11 |
| (3) work or pursue a course of study or vocational
| 12 |
| training;
| 13 |
| (4) undergo medical or psychiatric treatment; or | 14 |
| treatment or
rehabilitation approved by the Illinois | 15 |
| Department of Human Services;
| 16 |
| (5) attend or reside in a facility established for the | 17 |
| instruction or
residence of defendants on probation;
| 18 |
| (6) support his dependents;
| 19 |
| (6-5) refrain from having in his or her body the | 20 |
| presence of any illicit
drug prohibited by the Cannabis | 21 |
| Control Act, the Illinois Controlled
Substances Act, or the | 22 |
| Methamphetamine Control and Community Protection Act, | 23 |
| unless prescribed by a physician, and submit samples of
his | 24 |
| or her blood or urine or both for tests to determine the | 25 |
| presence of any
illicit drug;
| 26 |
| (6-6) undergo treatment under the supervision of a | 27 |
| licensed program designated by the Department of Human | 28 |
| Services, and according to the terms of Article 40 of the | 29 |
| Alcoholism and Other Drug Abuse and Dependency Act;
| 30 |
| (7) and in addition, if a minor:
| 31 |
| (i) reside with his parents or in a foster home;
| 32 |
| (ii) attend school;
| 33 |
| (iii) attend a non-residential program for youth;
| 34 |
| (iv) contribute to his own support at home or in a |
|
|
|
09400HB4885ham001 |
- 8 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| foster home.
| 2 |
| (d-1) In addition to any other criminal or administrative | 3 |
| sanction for any second conviction of violating subsection (c) | 4 |
| of Section 402 or a similar law of another state or of the | 5 |
| United States committed within 5 years of a previous violation | 6 |
| of subsection (c) of Section 402 or a similar law of another | 7 |
| state or of the United States, the defendant shall be sentenced | 8 |
| to a mandatory minimum of 5 days of imprisonment or assigned a | 9 |
| mandatory minimum of 40 hours of community service as may be | 10 |
| determined by the court. | 11 |
| (d-2) In addition to any other criminal or administrative | 12 |
| sanction for any third conviction of violating subsection (c) | 13 |
| of Section 402 or a similar law of another state or of the | 14 |
| United States committed within 5 years of a previous violation | 15 |
| of subsection (c) of Section 402 or a similar law of another | 16 |
| state or of the United States, the defendant shall be sentenced | 17 |
| to a mandatory minimum of 10 days of imprisonment or assigned a | 18 |
| mandatory minimum of 80 hours of community service as may be | 19 |
| determined by the court. | 20 |
| (d-3) Whenever any person who has previously been convicted | 21 |
| of, or placed on probation or court supervision for, any | 22 |
| offense under this Act or any law of the United States or of | 23 |
| any state relating to cannabis or controlled substances pleads | 24 |
| guilty to or is found guilty of possession of a controlled | 25 |
| substance under this Act, that person also may be required to | 26 |
| undergo (i) an assessment conducted by a licensed program | 27 |
| designated by the State to provide assessment services to the | 28 |
| courts to determine if an alcohol, drug, or intoxicating | 29 |
| compound abuse problem exists and the extent of the problem, | 30 |
| and (ii) a professional mental health screening, and undergo | 31 |
| the imposition of treatment as appropriate. Whenever the | 32 |
| professional evaluation or mental health screening recommends | 33 |
| remedial or rehabilitative treatment or education, the court | 34 |
| may monitor compliance with any remedial education or treatment |
|
|
|
09400HB4885ham001 |
- 9 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| recommendations contained in the professional evaluation or | 2 |
| mental health screening. Assessments or screenings under this | 3 |
| subsection (d-3) shall be conducted by an agent independent of | 4 |
| any treatment provider to which the person may be referred. | 5 |
| (d-4) In addition to any other criminal or administrative | 6 |
| sanction for any third or subsequent conviction of violating | 7 |
| subsection (c) of Section 402 or a similar law of another state | 8 |
| or of the United States within 5 years of a previous violation | 9 |
| of subsection (c) of Section 402 or a similar law of another | 10 |
| state or of the United States, the court may also order the | 11 |
| defendant to participate in a treatment intervention | 12 |
| consistent with his or her clinical and supervisory needs, | 13 |
| including but not limited to supervision under Article 40 of | 14 |
| the Alcoholism and Other Drug Abuse and Dependency Act or | 15 |
| supervision under the Drug Court Treatment Act.
| 16 |
| (e) Upon violation of a term or condition of probation, the | 17 |
| court
may enter a judgment on its original finding of guilt and | 18 |
| proceed as
otherwise provided.
| 19 |
| (f) Upon fulfillment of the terms and conditions of | 20 |
| probation, the court
shall discharge the person and dismiss the | 21 |
| proceedings against him.
| 22 |
| (g) A disposition of probation is considered to be a | 23 |
| conviction
for the purposes of imposing the conditions of | 24 |
| probation and for appeal,
however, discharge and dismissal | 25 |
| under this Section is not a conviction for
purposes of this Act | 26 |
| or for purposes of disqualifications or disabilities
imposed by | 27 |
| law upon conviction of a crime.
| 28 |
| (h) (Blank).
There may be only one discharge and dismissal | 29 |
| under this Section,
Section 10 of the Cannabis Control Act, or | 30 |
| Section 70 of the Methamphetamine Control and Community | 31 |
| Protection Act with respect to any person.
| 32 |
| (h-1) A sentence of probation under this Section is | 33 |
| immediately expungeable upon the successful completion of the | 34 |
| probation.
|
|
|
|
09400HB4885ham001 |
- 10 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| (i) If a person is convicted of an offense under this Act, | 2 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 3 |
| Community Protection Act within 5 years
subsequent to a | 4 |
| discharge and dismissal under this Section, the discharge and
| 5 |
| dismissal under this Section shall be admissible in the | 6 |
| sentencing proceeding
for that conviction
as evidence in | 7 |
| aggravation. | 8 |
| (j) A person is not eligible for a disposition of probation | 9 |
| under this Section if he or she has during the course of the | 10 |
| act
giving rise to the offense under Section 402 of this Act
| 11 |
| committed any violation of Section 5, 5.1, 5.2, 7, or 8 of the
| 12 |
| Cannabis Control Act, any violation of Section 401, 405, 405.1,
| 13 |
| 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of this
| 14 |
| Act, any violation of the Methamphetamine Control and Community
| 15 |
| Protection Act involving the manufacture, delivery, or
| 16 |
| possession with intent to deliver of methamphetamine or a
| 17 |
| methamphetamine precursor, or any offense that is a violent
| 18 |
| crime under the Rights of Crime Victims and Witnesses Act.
| 19 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 20 |
| Section 15. The Methamphetamine Control and Community | 21 |
| Protection Act is amended by changing Section 70 as follows: | 22 |
| (720 ILCS 646/70)
| 23 |
| Sec. 70. Probation. | 24 |
| (a) Whenever any person who has not previously been | 25 |
| convicted of, or placed on probation or court supervision for | 26 |
| any offense under this Act, the Illinois Controlled Substances | 27 |
| Act, the Cannabis Control Act, or any law of the United States | 28 |
| or of any state relating to cannabis or controlled substances,
| 29 |
| pleads guilty to or is found guilty of possession of less than | 30 |
| 15 grams of methamphetamine under paragraph (1) or (2) of | 31 |
| subsection (b) of Section 60 of this Act, the court, without | 32 |
| entering a judgment and with the consent of the person, may |
|
|
|
09400HB4885ham001 |
- 11 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| sentence him or her to probation pursuant to the terms of this | 2 |
| Section .
| 3 |
| (b) When a person is placed on probation, the court shall | 4 |
| enter an order specifying a period of probation of 6 to 36
24
| 5 |
| months and shall defer further proceedings in the case until | 6 |
| the conclusion of the period or until the filing of a petition | 7 |
| alleging violation of a term or condition of probation.
| 8 |
| (c) The conditions of probation shall be that the person: | 9 |
| (1) not violate any criminal statute of any | 10 |
| jurisdiction; | 11 |
| (2) refrain from possessing a firearm or other | 12 |
| dangerous weapon; | 13 |
| (3) submit to periodic drug testing at a time and in a | 14 |
| manner as ordered by the court, but no less than 3 times | 15 |
| during the period of the probation, with the cost of the | 16 |
| testing to be paid by the probationer; and
| 17 |
| (4) perform no less than 30 hours of community service, | 18 |
| if community service is available in the jurisdiction ; and
| 19 |
| and is funded and approved by the county board.
| 20 |
| (5) for first time offenders and others for whom the | 21 |
| court deems it beneficial, attend a drug school program, | 22 |
| provided a drug school program is available. If a drug | 23 |
| school program is not available, the court shall seek | 24 |
| recommendations for treatment or other intervention by a | 25 |
| licensed program designated by the State to provide | 26 |
| assessment services to the courts.
| 27 |
| (d) The court may, in addition to other conditions, require | 28 |
| that the person take one or more of the following actions:
| 29 |
| (1) make a report to and appear in person before or | 30 |
| participate with the court or such courts, person, or | 31 |
| social service agency as directed by the court in the order | 32 |
| of probation;
| 33 |
| (2) pay a fine and costs;
| 34 |
| (3) work or pursue a course of study or vocational |
|
|
|
09400HB4885ham001 |
- 12 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| training;
| 2 |
| (4) undergo medical or psychiatric treatment; or | 3 |
| treatment or rehabilitation approved by the Illinois | 4 |
| Department of Human Services;
| 5 |
| (5) attend or reside in a facility established for the | 6 |
| instruction or residence of defendants on probation;
| 7 |
| (6) support his or her dependents;
| 8 |
| (7) refrain from having in his or her body the presence | 9 |
| of any illicit drug prohibited by this Act, the Cannabis | 10 |
| Control Act, or the Illinois Controlled Substances Act, | 11 |
| unless prescribed by a physician, and submit samples of his | 12 |
| or her blood or urine or both for tests to determine the | 13 |
| presence of any illicit drug; | 14 |
| (7-5) undergo treatment under the supervision of a | 15 |
| licensed program designated by the Department of Human | 16 |
| Services, and according to the terms of Article 40 of the | 17 |
| Alcoholism and Other Drug Abuse and Dependency Act; or
| 18 |
| (8) if a minor:
| 19 |
| (i) reside with his or her parents or in a foster | 20 |
| home;
| 21 |
| (ii) attend school;
| 22 |
| (iii) attend a non-residential program for youth; | 23 |
| or
| 24 |
| (iv) contribute to his or her own support at home | 25 |
| or in a foster home.
| 26 |
| (d-1) In addition to any other criminal or administrative | 27 |
| sanction for any second conviction of violating this Act or a | 28 |
| similar law of another state or of the United States committed | 29 |
| within 5 years of a previous violation of this Act or a similar | 30 |
| law of another state or of the United States, the defendant | 31 |
| shall be sentenced to a mandatory minimum of 5 days of | 32 |
| imprisonment or assigned a mandatory minimum of 40 hours of | 33 |
| community service as may be determined by the court. | 34 |
| (d-2) In addition to any other criminal or administrative |
|
|
|
09400HB4885ham001 |
- 13 - |
LRB094 18448 RLC 56816 a |
|
| 1 |
| sanction for any third conviction of violating this Act or a | 2 |
| similar law of another state or of the United States committed | 3 |
| within 5 years of a previous violation of this Act or a similar | 4 |
| law of another state or of the United States, the defendant | 5 |
| shall be sentenced to a mandatory minimum of 10 days of | 6 |
| imprisonment or assigned a mandatory minimum of 80 hours of | 7 |
| community service as may be determined by the court. | 8 |
| (d-3) Whenever any person who has previously been convicted | 9 |
| of, or placed on probation or court supervision for, any | 10 |
| offense under this Act or any law of the United States or of | 11 |
| any state relating to cannabis or controlled substances pleads | 12 |
| guilty to or is found guilty of possession of methamphetamine | 13 |
| under this Act, that person also may be required to undergo (i) | 14 |
| an assessment conducted by a licensed program designated by the | 15 |
| State to provide assessment services to the courts to determine | 16 |
| if an alcohol, drug, or intoxicating compound abuse problem | 17 |
| exists and the extent of the problem, and (ii) a professional | 18 |
| mental health screening, and undergo the imposition of | 19 |
| treatment as appropriate. Whenever the professional evaluation | 20 |
| or mental health screening recommends remedial or | 21 |
| rehabilitative treatment or education, the court may monitor | 22 |
| compliance with any remedial education or treatment | 23 |
| recommendations contained in the professional evaluation or | 24 |
| mental health screening. Assessments or screenings under this | 25 |
| subsection (d-3) shall be conducted by an agent independent of | 26 |
| any treatment provider to which the person may be referred. | 27 |
| (d-4) In addition to any other criminal or administrative | 28 |
| sanction for any third or subsequent conviction of violating | 29 |
| this Act or a similar law of another state or of the United | 30 |
| States within 5 years of a previous violation of this Act or a | 31 |
| similar law of another state or of the United States, the court | 32 |
| may also order the defendant to participate in a treatment | 33 |
| intervention consistent with his or her clinical and | 34 |
| supervisory needs, including but not limited to supervision |
|
|
|
09400HB4885ham001 |
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LRB094 18448 RLC 56816 a |
|
| 1 |
| under Article 40 of the Alcoholism and Other Drug Abuse and | 2 |
| Dependency Act or supervision under the Drug Court Treatment | 3 |
| Act.
| 4 |
| (e) Upon violation of a term or condition of probation, the | 5 |
| court may enter a judgment on its original finding of guilt and | 6 |
| proceed as otherwise provided.
| 7 |
| (f) Upon fulfillment of the terms and conditions of | 8 |
| probation, the court shall discharge the person and dismiss the | 9 |
| proceedings against the person.
| 10 |
| (g) A disposition of probation is considered to be a | 11 |
| conviction for the purposes of imposing the conditions of | 12 |
| probation and for appeal, however, discharge and dismissal | 13 |
| under this Section is not a conviction for purposes of this Act | 14 |
| or for purposes of disqualifications or disabilities imposed by | 15 |
| law upon conviction of a crime.
| 16 |
| (h) (Blank).
There may be only one discharge and dismissal | 17 |
| under this Section, Section 410 of the Illinois Controlled | 18 |
| Substances Act, or Section 10 of the Cannabis Control Act with | 19 |
| respect to any person.
| 20 |
| (h-1) A sentence of probation under this Section is | 21 |
| immediately expungeable upon the successful completion of the | 22 |
| probation.
| 23 |
| (i) If a person is convicted of an offense under this Act, | 24 |
| the Cannabis Control Act, or the Illinois Controlled Substances | 25 |
| Act within 5 years subsequent to a discharge and dismissal | 26 |
| under this Section, the discharge and dismissal under this | 27 |
| Section are admissible in the sentencing proceeding for that | 28 |
| conviction as evidence in aggravation.
| 29 |
| (j) A person is not eligible for a disposition of probation | 30 |
| under this Section if he or she has during the course of the | 31 |
| act
giving rise to the offense under this Act
committed any | 32 |
| violation of Section 5, 5.1, 5.2, 7, or 8 of the
Cannabis | 33 |
| Control Act, any violation of Section 401, 405, 405.1,
405.2, | 34 |
| 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of the Illinois |
|
|
|
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LRB094 18448 RLC 56816 a |
|
| 1 |
| Controlled Substances
Act, any violation of this Act involving | 2 |
| the manufacture, delivery, or
possession with intent to deliver | 3 |
| of methamphetamine or a
methamphetamine precursor, or any | 4 |
| offense that is a violent
crime under the Rights of Crime | 5 |
| Victims and Witnesses Act.
| 6 |
| (Source: P.A. 94-556, eff. 9-11-05.)".
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|