Full Text of HB0067 96th General Assembly
HB0067ham002 96TH GENERAL ASSEMBLY
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Rep. LaShawn K. Ford
Filed: 3/31/2009
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
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| AMENDMENT TO HOUSE BILL 67
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| AMENDMENT NO. ______. Amend House Bill 67, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Cannabis Control Act is amended by changing | 6 |
| Section 10 as follows:
| 7 |
| (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| 8 |
| Sec. 10. (a)
Whenever any person who has not previously | 9 |
| been convicted of, or placed
on probation or court supervision | 10 |
| for, any offense under this Act or any
law of the United States | 11 |
| or of any State relating to a felony cannabis violation , or | 12 |
| controlled
substances as defined in the Illinois Controlled | 13 |
| Substances Act, pleads
guilty to or is found guilty of | 14 |
| violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of | 15 |
| this Act, the court may, without entering a
judgment and with | 16 |
| the consent of such person, sentence him to probation.
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
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| (b) When a person is placed on probation, the court shall | 2 |
| enter an order
specifying a period of probation of 24 months, | 3 |
| and shall defer further
proceedings in
the case until the | 4 |
| conclusion of the period or until the filing of a petition
| 5 |
| alleging violation of a term or condition of probation.
| 6 |
| (c) The conditions of probation shall be that the person: | 7 |
| (1) not violate
any criminal statute of any jurisdiction; (2) | 8 |
| refrain from possession of a
firearm
or other dangerous weapon; | 9 |
| (3) submit to periodic drug testing at a time and in
a manner | 10 |
| as ordered by the court, but no less than 3 times during the | 11 |
| period of
the probation, with the cost of the testing to be | 12 |
| paid by the probationer; and
(4) perform no less than 30 hours | 13 |
| of community service, provided community
service is available | 14 |
| in the jurisdiction and is funded and approved by the
county | 15 |
| board.
| 16 |
| (d) The court may, in addition to other conditions, require
| 17 |
| that the person:
| 18 |
| (1) make a report to and appear in person before or | 19 |
| participate with the
court or such courts, person, or | 20 |
| social service agency as directed by the
court in the order | 21 |
| of probation;
| 22 |
| (2) pay a fine and costs;
| 23 |
| (3) work or pursue a course of study or vocational | 24 |
| training;
| 25 |
| (4) undergo medical or psychiatric treatment; or | 26 |
| treatment for drug
addiction or alcoholism;
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
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| (5) attend or reside in a facility established for the | 2 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (7) refrain from possessing a firearm or other | 5 |
| dangerous weapon;
| 6 |
| (7-5) refrain from having in his or her body the | 7 |
| presence of any illicit
drug prohibited by the Cannabis | 8 |
| Control Act, the Illinois Controlled
Substances Act, or the | 9 |
| Methamphetamine Control and Community Protection Act, | 10 |
| unless prescribed by a physician, and submit samples of
his | 11 |
| or her blood or urine or both for tests to determine the | 12 |
| presence of any
illicit drug;
| 13 |
| (8) and in addition, if a minor:
| 14 |
| (i) reside with his parents or in a foster home;
| 15 |
| (ii) attend school;
| 16 |
| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 18 |
| foster home.
| 19 |
| (e) Upon violation of a term or condition of probation, the
| 20 |
| court
may enter a judgment on its original finding of guilt and | 21 |
| proceed as otherwise
provided.
| 22 |
| (f) Upon fulfillment of the terms and
conditions of | 23 |
| probation, the court shall discharge such person and dismiss
| 24 |
| the proceedings against him.
| 25 |
| (g) A disposition of probation is considered to be a | 26 |
| conviction
for the purposes of imposing the conditions of |
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
|
| 1 |
| probation and for appeal,
however, discharge and dismissal | 2 |
| under this Section is not a conviction for
purposes of | 3 |
| disqualification or disabilities imposed by law upon | 4 |
| conviction of
a crime (including the additional penalty imposed | 5 |
| for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 6 |
| of this Act).
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| (h) Discharge and dismissal under this Section,
Section 410 | 8 |
| of the Illinois Controlled Substances Act, or Section 70 of the | 9 |
| Methamphetamine Control and Community Protection Act may occur | 10 |
| only once
with respect to any person.
| 11 |
| (i) If a person is convicted of an offense under this Act, | 12 |
| the Illinois
Controlled Substances Act, or the Methamphetamine | 13 |
| Control and Community Protection Act within 5 years
subsequent | 14 |
| to a discharge and dismissal under this Section, the discharge | 15 |
| and
dismissal under this Section shall be admissible in the | 16 |
| sentencing proceeding
for that conviction
as a factor in | 17 |
| aggravation.
| 18 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 19 |
| Section 10. The Illinois Controlled Substances Act is | 20 |
| amended by changing Section 410 as follows:
| 21 |
| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 22 |
| Sec. 410. (a) Whenever any person who has not previously | 23 |
| been convicted
of, or placed on probation or court supervision | 24 |
| for any offense under this
Act or any law of the United States |
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
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| 1 |
| or of any State relating to cannabis
or controlled substances | 2 |
| or a felony cannabis violation , pleads guilty to or is found | 3 |
| guilty of possession
of a controlled or counterfeit substance | 4 |
| under subsection (c) of Section
402 or of unauthorized | 5 |
| possession of prescription form under Section 406.2, the court, | 6 |
| without entering a judgment and with the consent of such
| 7 |
| person, may sentence him to probation.
| 8 |
| (b) When a person is placed on probation, the court shall | 9 |
| enter an order
specifying a period of probation of 24 months | 10 |
| and shall defer further
proceedings in the case until the | 11 |
| conclusion of the period or until the
filing of a petition | 12 |
| alleging violation of a term or condition of probation.
| 13 |
| (c) The conditions of probation shall be that the person: | 14 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 15 |
| refrain from
possessing a firearm or other dangerous weapon; | 16 |
| (3) submit to periodic drug
testing at a time and in a manner | 17 |
| as ordered by the court, but no less than 3
times during the | 18 |
| period of the probation, with the cost of the testing to be
| 19 |
| paid by the probationer; and (4) perform no less than 30 hours | 20 |
| of community
service, provided community service is available | 21 |
| in the jurisdiction and is
funded
and approved by the county | 22 |
| board.
| 23 |
| (d) The court may, in addition to other conditions, require | 24 |
| that the person:
| 25 |
| (1) make a report to and appear in person before or | 26 |
| participate with the
court or such courts, person, or |
|
|
|
09600HB0067ham002 |
- 6 - |
LRB096 03254 RLC 24865 a |
|
| 1 |
| social service agency as directed by the
court in the order | 2 |
| of probation;
| 3 |
| (2) pay a fine and costs;
| 4 |
| (3) work or pursue a course of study or vocational
| 5 |
| training;
| 6 |
| (4) undergo medical or psychiatric treatment; or | 7 |
| treatment or
rehabilitation approved by the Illinois | 8 |
| Department of Human Services;
| 9 |
| (5) attend or reside in a facility established for the | 10 |
| instruction or
residence of defendants on probation;
| 11 |
| (6) support his dependents;
| 12 |
| (6-5) refrain from having in his or her body the | 13 |
| presence of any illicit
drug prohibited by the Cannabis | 14 |
| Control Act, the Illinois Controlled
Substances Act, or the | 15 |
| Methamphetamine Control and Community Protection Act, | 16 |
| unless prescribed by a physician, and submit samples of
his | 17 |
| or her blood or urine or both for tests to determine the | 18 |
| presence of any
illicit drug;
| 19 |
| (7) and in addition, if a minor:
| 20 |
| (i) reside with his parents or in a foster home;
| 21 |
| (ii) attend school;
| 22 |
| (iii) attend a non-residential program for youth;
| 23 |
| (iv) contribute to his own support at home or in a | 24 |
| foster home.
| 25 |
| (e) Upon violation of a term or condition of probation, the | 26 |
| court
may enter a judgment on its original finding of guilt and |
|
|
|
09600HB0067ham002 |
- 7 - |
LRB096 03254 RLC 24865 a |
|
| 1 |
| proceed as
otherwise provided.
| 2 |
| (f) Upon fulfillment of the terms and conditions of | 3 |
| probation, the court
shall discharge the person and dismiss the | 4 |
| proceedings against him.
| 5 |
| (g) A disposition of probation is considered to be a | 6 |
| conviction
for the purposes of imposing the conditions of | 7 |
| probation and for appeal,
however, discharge and dismissal | 8 |
| under this Section is not a conviction for
purposes of this Act | 9 |
| or for purposes of disqualifications or disabilities
imposed by | 10 |
| law upon conviction of a crime.
| 11 |
| (h) There may be only one discharge and dismissal under | 12 |
| this Section,
Section 10 of the Cannabis Control Act, or | 13 |
| Section 70 of the Methamphetamine Control and Community | 14 |
| Protection Act with respect to any person.
| 15 |
| (i) If a person is convicted of an offense under this Act, | 16 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 17 |
| Community Protection Act within 5 years
subsequent to a | 18 |
| discharge and dismissal under this Section, the discharge and
| 19 |
| dismissal under this Section shall be admissible in the | 20 |
| sentencing proceeding
for that conviction
as evidence in | 21 |
| aggravation.
| 22 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
| 23 |
| Section 15. The Methamphetamine Control and Community | 24 |
| Protection Act is amended by changing Section 70 as follows: |
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09600HB0067ham002 |
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LRB096 03254 RLC 24865 a |
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| (720 ILCS 646/70)
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| Sec. 70. Probation. | 3 |
| (a) Whenever any person who has not previously been | 4 |
| convicted of, or placed on probation or court supervision for | 5 |
| any offense under this Act, the Illinois Controlled Substances | 6 |
| Act, a felony violation of the Cannabis Control Act, or any law | 7 |
| of the United States or of any state relating to cannabis or | 8 |
| controlled substances or a felony cannabis violation , pleads | 9 |
| guilty to or is found guilty of possession of less than 15 | 10 |
| grams of methamphetamine under paragraph (1) or (2) of | 11 |
| subsection (b) of Section 60 of this Act, the court, without | 12 |
| entering a judgment and with the consent of the person, may | 13 |
| sentence him or her to probation.
| 14 |
| (b) When a person is placed on probation, the court shall | 15 |
| enter an order specifying a period of probation of 24 months | 16 |
| and shall defer further proceedings in the case until the | 17 |
| conclusion of the period or until the filing of a petition | 18 |
| alleging violation of a term or condition of probation.
| 19 |
| (c) The conditions of probation shall be that the person: | 20 |
| (1) not violate any criminal statute of any | 21 |
| jurisdiction; | 22 |
| (2) refrain from possessing a firearm or other | 23 |
| dangerous weapon; | 24 |
| (3) submit to periodic drug testing at a time and in a | 25 |
| manner as ordered by the court, but no less than 3 times | 26 |
| during the period of the probation, with the cost of the |
|
|
|
09600HB0067ham002 |
- 9 - |
LRB096 03254 RLC 24865 a |
|
| 1 |
| testing to be paid by the probationer; and | 2 |
| (4) perform no less than 30 hours of community service, | 3 |
| if community service is available in the jurisdiction and | 4 |
| is funded and approved by the county board.
| 5 |
| (d) The court may, in addition to other conditions, require | 6 |
| that the person take one or more of the following actions:
| 7 |
| (1) make a report to and appear in person before or | 8 |
| participate with the court or such courts, person, or | 9 |
| social service agency as directed by the court in the order | 10 |
| of probation;
| 11 |
| (2) pay a fine and costs;
| 12 |
| (3) work or pursue a course of study or vocational | 13 |
| training;
| 14 |
| (4) undergo medical or psychiatric treatment; or | 15 |
| treatment or rehabilitation approved by the Illinois | 16 |
| Department of Human Services;
| 17 |
| (5) attend or reside in a facility established for the | 18 |
| instruction or residence of defendants on probation;
| 19 |
| (6) support his or her dependents;
| 20 |
| (7) refrain from having in his or her body the presence | 21 |
| of any illicit drug prohibited by this Act, the Cannabis | 22 |
| Control Act, or the Illinois Controlled Substances 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; or
| 26 |
| (8) if a minor:
|
|
|
|
09600HB0067ham002 |
- 10 - |
LRB096 03254 RLC 24865 a |
|
| 1 |
| (i) reside with his or her parents or in a foster | 2 |
| home;
| 3 |
| (ii) attend school;
| 4 |
| (iii) attend a non-residential program for youth; | 5 |
| or
| 6 |
| (iv) contribute to his or her own support at home | 7 |
| or in a foster home.
| 8 |
| (e) Upon violation of a term or condition of probation, the | 9 |
| court may enter a judgment on its original finding of guilt and | 10 |
| proceed as otherwise provided.
| 11 |
| (f) Upon fulfillment of the terms and conditions of | 12 |
| probation, the court shall discharge the person and dismiss the | 13 |
| proceedings against the person.
| 14 |
| (g) A disposition of probation is considered to be a | 15 |
| conviction for the purposes of imposing the conditions of | 16 |
| probation and for appeal, however, discharge and dismissal | 17 |
| under this Section is not a conviction for purposes of this Act | 18 |
| or for purposes of disqualifications or disabilities imposed by | 19 |
| law upon conviction of a crime.
| 20 |
| (h) There may be only one discharge and dismissal under | 21 |
| this Section, Section 410 of the Illinois Controlled Substances | 22 |
| Act, or Section 10 of the Cannabis Control Act with respect to | 23 |
| any person.
| 24 |
| (i) If a person is convicted of an offense under this Act, | 25 |
| the Cannabis Control Act, or the Illinois Controlled Substances | 26 |
| Act within 5 years subsequent to a discharge and dismissal |
|
|
|
09600HB0067ham002 |
- 11 - |
LRB096 03254 RLC 24865 a |
|
| 1 |
| under this Section, the discharge and dismissal under this | 2 |
| Section are admissible in the sentencing proceeding for that | 3 |
| conviction as evidence in aggravation.
| 4 |
| (Source: P.A. 94-556, eff. 9-11-05.)".
|
|