Full Text of SB3522 98th General Assembly
SB3522ham001 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/6/2014
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| 1 | | AMENDMENT TO SENATE BILL 3522
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3522 by inserting | 3 | | immediately below the enacting clause the following:
| 4 | | "Section 3. The Alcoholism and Other Drug Abuse and | 5 | | Dependency 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 | 8 | | who is charged
with or convicted of a crime or any other person | 9 | | charged with or convicted of a misdemeanor violation of the Use | 10 | | of Intoxicating Compounds Act and who has not been previously | 11 | | convicted of a violation of that Act may elect treatment under | 12 | | the supervision of a
licensed program designated by the | 13 | | Department, referred to in this Article
as "designated | 14 | | program", unless: | 15 | | (1) the crime is a crime of violence; | 16 | | (2) the crime is a violation of Section 401(a), 401(b), |
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| 1 | | 401(c) where the
person electing treatment has been | 2 | | previously convicted of a non-probationable
felony or the | 3 | | violation is non-probationable, 401(d) where the violation | 4 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the | 5 | | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 6 | | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 7 | | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | 8 | | 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine | 9 | | Control and Community Protection Act or is otherwise | 10 | | ineligible for probation under Section 70 of the | 11 | | Methamphetamine Control and Community Protection Act; | 12 | | (3) the person has a record of 2 or more convictions of | 13 | | a crime of
violence; | 14 | | (4) other criminal proceedings alleging commission of | 15 | | a felony are pending
against the person; | 16 | | (5) the person is on probation or parole and the | 17 | | appropriate parole or
probation authority does not consent | 18 | | to that election; | 19 | | (6) the person elected and was admitted to a designated | 20 | | program on 2 prior
occasions within any consecutive 2-year | 21 | | period; | 22 | | (7) the person has been convicted of residential | 23 | | burglary and has a record
of one or more felony | 24 | | convictions; | 25 | | (8) the crime is a violation of Section 11-501 of the | 26 | | Illinois Vehicle
Code or a similar provision of a local |
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| 1 | | ordinance; or | 2 | | (9) the crime is a reckless homicide or a reckless | 3 | | homicide of an unborn
child, as defined in Section 9-3 or | 4 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, in
which the cause of death consists of the driving | 6 | | of a motor vehicle by a person
under the influence of | 7 | | alcohol or any other drug or drugs at the time of the
| 8 | | violation. | 9 | | Nothing in this Section shall preclude an individual who is | 10 | | charged with or convicted of a crime that is a violation of | 11 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | 12 | | Community Protection Act, and who is otherwise eligible to make | 13 | | the election provided for under this Section, from being | 14 | | eligible to make an election for treatment as a condition of | 15 | | probation as provided for under this Article. | 16 | | (Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13; | 17 | | 97-1150, eff. 1-25-13.)".
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