Full Text of HB3869 96th General Assembly
HB3869enr 96TH GENERAL ASSEMBLY
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HB3869 Enrolled |
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LRB096 09270 RLC 19424 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 2. 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), | 17 |
| 401(c) where the
person electing treatment has been | 18 |
| previously convicted of a non-probationable
felony or the | 19 |
| violation is non-probationable, 401(d) where the violation | 20 |
| is
non-probationable, 401.1, 402(a), 405 or 407 of the | 21 |
| Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 22 |
| 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 23 |
| Cannabis Control Act or Section 15, 20, 55, 60, or 65 of |
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HB3869 Enrolled |
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LRB096 09270 RLC 19424 b |
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| the Methamphetamine Control and Community Protection Act; | 2 |
| (3) the person has a record of 2 or more convictions of | 3 |
| a crime of
violence; | 4 |
| (4) other criminal proceedings alleging commission of | 5 |
| a felony are pending
against the person; | 6 |
| (5) the person is on probation or parole and the | 7 |
| appropriate parole or
probation authority does not consent | 8 |
| to that election; | 9 |
| (6) the person elected and was admitted to a designated | 10 |
| program on 2 prior
occasions within any consecutive 2-year | 11 |
| period; | 12 |
| (7) the person has been convicted of residential | 13 |
| burglary and has a record
of one or more felony | 14 |
| convictions; | 15 |
| (8) the crime is a violation of Section 11-501 of the | 16 |
| Illinois Vehicle
Code or a similar provision of a local | 17 |
| ordinance; or | 18 |
| (9) the crime is a reckless homicide or a reckless | 19 |
| homicide of an unborn
child, as defined in Section 9-3 or | 20 |
| 9-3.2 of the Criminal Code of 1961, in
which the cause of | 21 |
| death consists of the driving of a motor vehicle by a | 22 |
| person
under the influence of alcohol or any other drug or | 23 |
| drugs at the time of the
violation. | 24 |
| (Source: P.A. 94-556, eff. 9-11-05.) | 25 |
| Section 5. The Use of Intoxicating Compounds Act is amended |
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HB3869 Enrolled |
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LRB096 09270 RLC 19424 b |
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| by changing Section 4 as follows:
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| (720 ILCS 690/4) (from Ch. 38, par. 81-4)
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| Sec. 4. Sentence.
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| (a) Except as otherwise provided in subsection (b), | 5 |
| violation of this
Act is a Class C misdemeanor for a first | 6 |
| offense and a Class A misdemeanor for a second or subsequent | 7 |
| offense .
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| (b) (1) The knowing ingestion of any compound, liquid, or | 9 |
| chemical
containing the alkaloids atropine, hyoscyamine, or | 10 |
| scopolamine is a Class A
misdemeanor.
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| (2) The sale, offer for sale, delivery, or giving to any | 12 |
| person of a
compound, liquid, or chemical containing the | 13 |
| alkaloids atropine, hyoscyamine,
or scopolamine is a Class 4 | 14 |
| felony.
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| (3) This subsection (b) does not prohibit the sale, offer | 16 |
| for sale,
delivery, giving, or ingestion of a compound, liquid, | 17 |
| or chemical containing
the alkaloids atropine, hyoscyamine, or | 18 |
| scopolamine under the direction or
prescription of a | 19 |
| practitioner authorized to so direct or prescribe as provided
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| in Section 3.
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| (Source: P.A. 89-640, eff. 1-1-97.)
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