Full Text of HB4885 94th General Assembly
HB4885ham008 94TH GENERAL ASSEMBLY
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Rep. Lovana Jones
Filed: 3/1/2006
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| AMENDMENT TO HOUSE BILL 4885
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| 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 |
| is charged with violating Sections 4(a), 4(b), 4(c),
5(a), | 12 |
| 5(b), 5(c), or 8 of this Act, the court may elect to divert | 13 |
| such person to a county drug school program or other local | 14 |
| diversion program, if it is available. Whenever a person has | 15 |
| just once previously been convicted of, or placed on probation | 16 |
| or court supervision for a violation of Sections 4(a), 4(b), | 17 |
| 4(c),
5(a), 5(b), 5(c), or 8 of this Act, the State's Attorney | 18 |
| of the county in which the offense was committed may elect to | 19 |
| divert such person to a county drug school program or other | 20 |
| local diversion program, if it is available. | 21 |
| (b) Upon fulfillment of the terms and conditions of the | 22 |
| drug school or drug diversion program, the State's Attorney may | 23 |
| elect to dismiss the proceedings against such person. | 24 |
| (c) Upon a violation of any of the terms or conditions, or |
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| 1 |
| other unsuccessful completion of the drug school or drug | 2 |
| diversion program, or if such a program is not available, the | 3 |
| State's Attorney may proceed with prosecution as otherwise | 4 |
| provided by law.
| 5 |
| (d)
(a)
Whenever any person who has not previously been | 6 |
| convicted of, or placed
on probation or court supervision for, | 7 |
| any offense under this Act or any
law of the United States or | 8 |
| of any State relating to cannabis, or controlled
substances as | 9 |
| defined in the Illinois Controlled Substances Act, pleads
| 10 |
| guilty to or is found guilty of violating Sections 4(a), 4(b), | 11 |
| 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | 12 |
| entering a
judgment and with the consent of such person, | 13 |
| sentence him or her to probation.
| 14 |
| (e) Probation under this Section shall not be imposed for a | 15 |
| third or subsequent plea or finding of guilt for violating | 16 |
| Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c), or 8 of this Act. | 17 |
| This subsection (e) does not preclude a sentence of probation | 18 |
| or other sentence available under law.
| 19 |
| (f)
(b) When a person is placed on probation, the court | 20 |
| shall enter an order
specifying a period of probation of 24 | 21 |
| months, and shall defer further
proceedings in
the case until | 22 |
| the conclusion of the period or until the filing of a petition
| 23 |
| alleging violation of a term or condition of probation.
| 24 |
| (g)
(c) The conditions of probation shall be that the | 25 |
| person: (1) not violate
any criminal statute of any | 26 |
| jurisdiction; (2) submit to a drug assessment performed by a | 27 |
| program designated by the State to perform such services for | 28 |
| the Illinois courts, as defined in Section 1-10 of the | 29 |
| Alcoholism and Other Drug Abuse and Dependency Act, and if | 30 |
| needed, drug education treatment through county drug school, or | 31 |
| drug treatment through a program center licensed by the | 32 |
| Department of Human Services, or equivalent as available; (3) | 33 |
| participate in a mental health screening at an approved | 34 |
| service;
(2) refrain from possession of a
firearm
or other |
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| dangerous weapon;
(4)
(3) submit to periodic drug testing at a | 2 |
| time and in
a manner as ordered by the court, but no less than 3 | 3 |
| times during the period of
the probation, with the cost of the | 4 |
| testing to be paid by the probationer; (5) refrain from | 5 |
| possession of a
firearm
or other dangerous weapon; and
(6)
(4)
| 6 |
| perform no less than 30 hours of community service, provided | 7 |
| community
service is available in the jurisdiction and is | 8 |
| funded and approved by the
county board.
| 9 |
| (h) A sentence of probation under this Section is | 10 |
| immediately expungeable upon the successful completion of the | 11 |
| probation.
| 12 |
| (i)
(d) The court may, in addition to other conditions, | 13 |
| require
that the person:
| 14 |
| (1) make a report to and appear in person before or | 15 |
| participate with the
court or such courts, person, or | 16 |
| social service agency as directed by the
court in the order | 17 |
| of probation;
| 18 |
| (2) pay a fine and costs;
| 19 |
| (3) work or pursue a course of study or vocational | 20 |
| training;
| 21 |
| (4) undergo medical or psychiatric treatment; or | 22 |
| treatment for drug
addiction or alcoholism;
| 23 |
| (5) attend or reside in a facility established for the | 24 |
| instruction or
residence of defendants on probation;
| 25 |
| (6) support his dependents;
| 26 |
| (7) refrain from possessing a firearm or other | 27 |
| dangerous weapon;
| 28 |
| (7-5) refrain from having in his or her body the | 29 |
| presence of any illicit
drug prohibited by the Cannabis | 30 |
| Control Act, the Illinois Controlled
Substances Act, or the | 31 |
| Methamphetamine Control and Community Protection Act, | 32 |
| unless prescribed by a physician, and submit samples of
his | 33 |
| or her blood or urine or both for tests to determine the | 34 |
| presence of any
illicit drug;
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| (8) and in addition, if a minor:
| 2 |
| (i) reside with his parents or in a foster home;
| 3 |
| (ii) attend school;
| 4 |
| (iii) attend a non-residential program for youth;
| 5 |
| (iv) contribute to his own support at home or in a | 6 |
| foster home.
| 7 |
| (j)
(e) Upon violation of a term or condition of probation, | 8 |
| the
court
may enter a judgment on its original finding of guilt | 9 |
| and proceed as otherwise
provided.
| 10 |
| (k)
(f) Upon fulfillment of the terms and
conditions of | 11 |
| probation, the court shall discharge such person and dismiss
| 12 |
| the proceedings against him or her .
| 13 |
| (l)
(g) A disposition of probation is considered to be a | 14 |
| conviction
for the purposes of imposing the conditions of | 15 |
| probation and for appeal,
however, discharge and dismissal | 16 |
| under this Section is not a conviction for
purposes of | 17 |
| disqualification or disabilities imposed by law upon | 18 |
| conviction of
a crime (including the additional penalty imposed | 19 |
| for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 20 |
| of this Act).
| 21 |
| (m)
(h) Discharge and dismissal under this Section,
Section | 22 |
| 410 of the Illinois Controlled Substances Act, or Section 70 of | 23 |
| the Methamphetamine Control and Community Protection Act may | 24 |
| occur only once
with respect to any person.
| 25 |
| (n)
(i) If a person is convicted of an offense under this | 26 |
| Act, the Illinois
Controlled Substances Act, or the | 27 |
| Methamphetamine Control and Community Protection Act within 5 | 28 |
| years
subsequent to a discharge and dismissal under this | 29 |
| Section, the discharge and
dismissal under this Section shall | 30 |
| be admissible in the sentencing proceeding
for that conviction
| 31 |
| as a factor in aggravation.
| 32 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 33 |
| Section 10. The Illinois Controlled Substances Act is |
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| amended by changing Section 410 as follows:
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| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 3 |
| Sec. 410. (a) Whenever any person who has not previously | 4 |
| been convicted of, or placed on probation or court supervision | 5 |
| for any offense under this Act or any law of the United States | 6 |
| or of any State relating to cannabis or controlled substances, | 7 |
| is charged with possession of a controlled or counterfeit | 8 |
| substance under subsection (c) of Section 402, the court may | 9 |
| elect to divert such person to a county drug school program or | 10 |
| other local diversion program, if it is available. Whenever a | 11 |
| person has just once previously been convicted of, or placed on | 12 |
| probation or court supervision for a violation of subsection | 13 |
| (c) of Section 402 of this Act, the State's Attorney of the | 14 |
| county in which the offense was committed may elect to divert | 15 |
| such person to a county drug school program or other local | 16 |
| diversion program, if it is available. | 17 |
| (b) Upon fulfillment of the terms and conditions of the | 18 |
| drug school or drug diversion program, the State's Attorney may | 19 |
| elect to dismiss the proceedings against such person. | 20 |
| (c) Upon a violation of any of the terms or conditions, or | 21 |
| other unsuccessful completion of the drug school or drug | 22 |
| diversion program, or if such a program is not available, the | 23 |
| State's Attorney may proceed with prosecution as otherwise | 24 |
| provided by law.
| 25 |
| (d)
(a) Whenever any person who has not previously been | 26 |
| convicted
of, or placed on probation or court supervision for | 27 |
| any offense under this
Act or any law of the United States or | 28 |
| of any State relating to cannabis
or controlled substances,
| 29 |
| pleads guilty to or is found guilty of possession
of a | 30 |
| controlled or counterfeit substance under subsection (c) of | 31 |
| Section
402, the court, without entering a judgment and with | 32 |
| the consent of such
person, may sentence him or her to | 33 |
| probation.
|
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|
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09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
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| 1 |
| (e) Probation under this Section shall not be imposed for a | 2 |
| third or subsequent plea or finding of guilt for possession
of | 3 |
| a controlled or counterfeit substance under subsection (c) of | 4 |
| Section
402. This subsection (e) does not preclude a sentence | 5 |
| of probation or other sentence available under law.
| 6 |
| (f)
(b) When a person is placed on probation, the court | 7 |
| shall enter an order
specifying a period of probation of 24 | 8 |
| months and shall defer further
proceedings in the case until | 9 |
| the conclusion of the period or until the
filing of a petition | 10 |
| alleging violation of a term or condition of probation.
| 11 |
| (g)
(c) The conditions of probation shall be that the | 12 |
| person: (1) not
violate any criminal statute of any | 13 |
| jurisdiction; (2) submit to a drug assessment performed by a | 14 |
| program designated by the State to perform such services for | 15 |
| the Illinois courts, as defined in Section 1-10 of the | 16 |
| Alcoholism and Other Drug Abuse and Dependency Act, and if | 17 |
| needed, drug education treatment through county drug school, or | 18 |
| drug treatment through a program center licensed by the | 19 |
| Department of Human Services, or equivalent as available; (3) | 20 |
| participate in a mental health screening at an approved | 21 |
| service;
(2) refrain from
possessing a firearm or other | 22 |
| dangerous weapon;
(4)
(3) submit to periodic drug
testing at a | 23 |
| time and in a manner as ordered by the court, but no less than 3
| 24 |
| times during the period of the probation, with the cost of the | 25 |
| testing to be
paid by the probationer; (5) refrain from
| 26 |
| possessing a firearm or other dangerous weapon; and (6)
(4)
| 27 |
| perform no less than 30 hours of community
service, provided | 28 |
| community service is available in the jurisdiction and is
| 29 |
| funded
and approved by the county board.
| 30 |
| (h) A sentence of probation under this Section is | 31 |
| immediately expungeable upon the successful completion of the | 32 |
| probation.
| 33 |
| (i)
(d) The court may, in addition to other conditions, | 34 |
| require that the person:
|
|
|
|
09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
|
| 1 |
| (1) make a report to and appear in person before or | 2 |
| participate with the
court or such courts, person, or | 3 |
| social service agency as directed by the
court in the order | 4 |
| of probation;
| 5 |
| (2) pay a fine and costs;
| 6 |
| (3) work or pursue a course of study or vocational
| 7 |
| training;
| 8 |
| (4) undergo medical or psychiatric treatment; or | 9 |
| treatment or
rehabilitation approved by the Illinois | 10 |
| Department of Human Services;
| 11 |
| (5) attend or reside in a facility established for the | 12 |
| instruction or
residence of defendants on probation;
| 13 |
| (6) support his dependents;
| 14 |
| (6-5) refrain from having in his or her body the | 15 |
| presence of any illicit
drug prohibited by the Cannabis | 16 |
| Control Act, the Illinois Controlled
Substances Act, or the | 17 |
| Methamphetamine Control and Community Protection Act, | 18 |
| unless prescribed by a physician, and submit samples of
his | 19 |
| or her blood or urine or both for tests to determine the | 20 |
| presence of any
illicit drug;
| 21 |
| (7) and in addition, if a minor:
| 22 |
| (i) reside with his parents or in a foster home;
| 23 |
| (ii) attend school;
| 24 |
| (iii) attend a non-residential program for youth;
| 25 |
| (iv) contribute to his own support at home or in a | 26 |
| foster home.
| 27 |
| (j)
(e) Upon violation of a term or condition of probation, | 28 |
| the court
may enter a judgment on its original finding of guilt | 29 |
| and proceed as
otherwise provided.
| 30 |
| (k)
(f) Upon fulfillment of the terms and conditions of | 31 |
| probation, the court
shall discharge the person and dismiss the | 32 |
| proceedings against him.
| 33 |
| (l)
(g) A disposition of probation is considered to be a | 34 |
| conviction
for the purposes of imposing the conditions of |
|
|
|
09400HB4885ham008 |
- 8 - |
LRB094 18448 RLC 56913 a |
|
| 1 |
| probation and for appeal,
however, discharge and dismissal | 2 |
| under this Section is not a conviction for
purposes of this Act | 3 |
| or for purposes of disqualifications or disabilities
imposed by | 4 |
| law upon conviction of a crime.
| 5 |
| (m)
(h) There may be only one discharge and dismissal under | 6 |
| this Section,
Section 10 of the Cannabis Control Act, or | 7 |
| Section 70 of the Methamphetamine Control and Community | 8 |
| Protection Act with respect to any person.
| 9 |
| (n)
(i) If a person is convicted of an offense under this | 10 |
| Act, the Cannabis
Control Act, or the Methamphetamine Control | 11 |
| and Community Protection Act within 5 years
subsequent to a | 12 |
| discharge and dismissal under this Section, the discharge and
| 13 |
| dismissal under this Section shall be admissible in the | 14 |
| sentencing proceeding
for that conviction
as evidence in | 15 |
| aggravation.
| 16 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 17 |
| Section 15. The Methamphetamine Control and Community | 18 |
| Protection Act is amended by changing Section 70 as follows: | 19 |
| (720 ILCS 646/70)
| 20 |
| Sec. 70. Probation. | 21 |
| (a) Whenever any person who has not previously been | 22 |
| convicted of, or placed on probation or court supervision for | 23 |
| any offense under this Act or any law of the United States or | 24 |
| of any State relating to cannabis or controlled substances, is | 25 |
| charged with possession of less than 15 grams of | 26 |
| methamphetamine under paragraph (1) or (2) of subsection (b) of | 27 |
| Section 60 of this Act, the court may elect to divert such | 28 |
| person to a county drug school program or other local diversion | 29 |
| program, if it is available. Whenever a person has just once | 30 |
| previously been convicted of, or placed on probation or court | 31 |
| supervision for possession of less than 15 grams of | 32 |
| methamphetamine under paragraph (1) or (2) of subsection (b) of |
|
|
|
09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
|
| 1 |
| Section 60 of this Act, the State's Attorney of the county in | 2 |
| which the offense was committed may elect to divert such person | 3 |
| to a county drug school program or other local diversion | 4 |
| program, if it is available. | 5 |
| (b) Upon fulfillment of the terms and conditions of the | 6 |
| drug school or drug diversion program, the State's Attorney may | 7 |
| elect to dismiss the proceedings against such person. | 8 |
| (c) Upon a violation of any of the terms or conditions, or | 9 |
| other unsuccessful completion of the drug school or drug | 10 |
| diversion program, or if such a program is not available, the | 11 |
| State's Attorney may proceed with prosecution as otherwise | 12 |
| provided by law.
| 13 |
| (d)
(a) Whenever any person who has not previously been | 14 |
| convicted of, or placed on probation or court supervision for | 15 |
| any offense under this Act, the Illinois Controlled Substances | 16 |
| Act, the Cannabis Control Act, or any law of the United States | 17 |
| or of any state relating to cannabis or controlled substances,
| 18 |
| pleads guilty to or is found guilty of possession of less than | 19 |
| 15 grams of methamphetamine under paragraph (1) or (2) of | 20 |
| subsection (b) of Section 60 of this Act, the court, without | 21 |
| entering a judgment and with the consent of the person, may | 22 |
| sentence him or her to probation.
| 23 |
| (e) Probation under this Section shall not be imposed for a | 24 |
| third or subsequent plea or finding of guilt for possession of | 25 |
| less than 15 grams of methamphetamine under paragraph (1) or | 26 |
| (2) of subsection (b) of Section 60 of this Act. This | 27 |
| subsection (e) does not preclude a sentence of probation or | 28 |
| other sentence available under law.
| 29 |
| (f)
(b) When a person is placed on probation, the court | 30 |
| shall enter an order specifying a period of probation of 24 | 31 |
| months and shall defer further proceedings in the case until | 32 |
| the conclusion of the period or until the filing of a petition | 33 |
| alleging violation of a term or condition of probation.
| 34 |
| (g)
(c) The conditions of probation shall be that the |
|
|
|
09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
|
| 1 |
| person: | 2 |
| (1) not violate any criminal statute of any | 3 |
| jurisdiction; | 4 |
| (1.1) submit to a drug assessment performed by a | 5 |
| program designated by the State to perform such services | 6 |
| for the Illinois courts, as defined in Section 1-10 of the | 7 |
| Alcoholism and Other Drug Abuse and Dependency Act, and if | 8 |
| needed, drug education treatment through county drug | 9 |
| school, or drug treatment through a program center licensed | 10 |
| by the Department of Human Services, or equivalent as | 11 |
| available; | 12 |
| (1.2) participate in a mental health screening at an | 13 |
| approved service;
| 14 |
| (2) (blank)
refrain from possessing a firearm or other | 15 |
| dangerous weapon ; | 16 |
| (3) submit to periodic drug testing at a time and in a | 17 |
| manner as ordered by the court, but no less than 3 times | 18 |
| during the period of the probation, with the cost of the | 19 |
| testing to be paid by the probationer; and
| 20 |
| (3.1) refrain from possessing a firearm or other | 21 |
| dangerous weapon; and
| 22 |
| (4) perform no less than 30 hours of community service, | 23 |
| if community service is available in the jurisdiction and | 24 |
| is funded and approved by the county board.
| 25 |
| (h) A sentence of probation under this Section is | 26 |
| immediately expungeable upon the successful completion of the | 27 |
| probation.
| 28 |
| (i)
(d) The court may, in addition to other conditions, | 29 |
| require that the person take one or more of the following | 30 |
| actions:
| 31 |
| (1) make a report to and appear in person before or | 32 |
| participate with the court or such courts, person, or | 33 |
| social service agency as directed by the court in the order | 34 |
| of probation;
|
|
|
|
09400HB4885ham008 |
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LRB094 18448 RLC 56913 a |
|
| 1 |
| (2) pay a fine and costs;
| 2 |
| (3) work or pursue a course of study or vocational | 3 |
| training;
| 4 |
| (4) undergo medical or psychiatric treatment; or | 5 |
| treatment or rehabilitation approved by the Illinois | 6 |
| Department of Human Services;
| 7 |
| (5) attend or reside in a facility established for the | 8 |
| instruction or residence of defendants on probation;
| 9 |
| (6) support his or her dependents;
| 10 |
| (7) refrain from having in his or her body the presence | 11 |
| of any illicit drug prohibited by this Act, the Cannabis | 12 |
| Control Act, or the Illinois Controlled Substances Act, | 13 |
| unless prescribed by a physician, and submit samples of his | 14 |
| or her blood or urine or both for tests to determine the | 15 |
| presence of any illicit drug; or
| 16 |
| (8) if a minor:
| 17 |
| (i) reside with his or her parents or in a foster | 18 |
| home;
| 19 |
| (ii) attend school;
| 20 |
| (iii) attend a non-residential program for youth; | 21 |
| or
| 22 |
| (iv) contribute to his or her own support at home | 23 |
| or in a foster home.
| 24 |
| (j)
(e) Upon violation of a term or condition of probation, | 25 |
| the court may enter a judgment on its original finding of guilt | 26 |
| and proceed as otherwise provided.
| 27 |
| (k)
(f) Upon fulfillment of the terms and conditions of | 28 |
| probation, the court shall discharge the person and dismiss the | 29 |
| proceedings against the person.
| 30 |
| (l)
(g) A disposition of probation is considered to be a | 31 |
| conviction for the purposes of imposing the conditions of | 32 |
| probation and for appeal, however, discharge and dismissal | 33 |
| under this Section is not a conviction for purposes of this Act | 34 |
| or for purposes of disqualifications or disabilities imposed by |
|
|
|
09400HB4885ham008 |
- 12 - |
LRB094 18448 RLC 56913 a |
|
| 1 |
| law upon conviction of a crime.
| 2 |
| (m)
(h) There may be only one discharge and dismissal under | 3 |
| this Section, Section 410 of the Illinois Controlled Substances | 4 |
| Act, or Section 10 of the Cannabis Control Act with respect to | 5 |
| any person.
| 6 |
| (n)
(i) If a person is convicted of an offense under this | 7 |
| Act, the Cannabis Control Act, or the Illinois Controlled | 8 |
| Substances Act within 5 years subsequent to a discharge and | 9 |
| dismissal under this Section, the discharge and dismissal under | 10 |
| this Section are admissible in the sentencing proceeding for | 11 |
| that conviction as evidence in aggravation.
| 12 |
| (Source: P.A. 94-556, eff. 9-11-05.)".
|
|