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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1165
Introduced 2/18/2005, by Sen. John J. Cullerton - Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in
a Section concerning a drug
testing program.
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A BILL FOR
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SB1165 |
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LRB094 04819 RLC 34848 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 110-6.5 as follows:
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| (725 ILCS 5/110-6.5)
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| Sec. 110-6.5. Drug testing program. The
The Chief Judge of |
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| the circuit may establish a drug testing program as provided
by |
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| this Section in any county in the circuit if the county board |
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| has approved
the establishment of the program and the county |
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| probation department or
pretrial services agency has consented |
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| to administer it. The drug testing
program shall be conducted |
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| under the following provisions: |
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| (a) The court, in the case of a defendant charged with a |
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| felony offense or
any offense involving the possession or |
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| delivery of cannabis or a
controlled substance, shall:
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| (1) not consider the release of the defendant on his or |
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| her own
recognizance, unless the defendant consents to |
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| periodic drug testing during
the period of release on his |
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| or her own recognizance, in accordance with this
Section;
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| (2) consider the consent of the defendant to periodic |
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| drug testing
during the period of release on bail in |
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| accordance with this Section as a
favorable factor for the |
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| defendant in determining the amount of bail, the
conditions |
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| of release or in considering the defendant's motion to |
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| reduce
the amount of bail.
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| (b) The drug testing shall be conducted by the pretrial |
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| services agency or
under the direction of the probation |
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| department when a pretrial services
agency does not exist in |
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| accordance with this Section.
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| (c) A defendant who consents to periodic drug testing as |
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| set forth in this
Section
shall sign an agreement with the |