Full Text of HB4165 101st General Assembly
HB4165 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4165 Introduced 1/22/2020, by Rep. Lindsay Parkhurst SYNOPSIS AS INTRODUCED: |
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Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder as defined in the Substance Use Disorder Act. Adds convictions for various offenses, in addition to "crimes of violence", that exclude a defendant from admission into a drug court program.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drug Court Treatment Act is amended by | 5 | | changing Section 20 as follows:
| 6 | | (730 ILCS 166/20)
| 7 | | Sec. 20. Eligibility.
| 8 | | (a) A defendant may be admitted into a drug court program | 9 | | only upon the
agreement of the defendant and with the approval | 10 | | of the
court.
| 11 | | (a-5) Before a defendant is admitted into a drug court | 12 | | program, the court must make a finding that the crime for which | 13 | | the defendant is to be admitted into the drug court program had | 14 | | a nexus to the defendant's substance use disorder as defined in | 15 | | Section 1-10 of the Substance Use Disorder Act. | 16 | | (b) A defendant shall be excluded from a drug court program | 17 | | if any of one of
the following apply:
| 18 | | (1) The crime is a crime of violence as set forth in | 19 | | clause (4) of this
subsection (b).
| 20 | | (2) The defendant denies his or her use of or addiction | 21 | | to drugs.
| 22 | | (3) The defendant does not demonstrate a willingness to | 23 | | participate in
a treatment program.
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| 1 | | (4) The defendant has been convicted of a crime of | 2 | | violence within the
past
10 years excluding incarceration | 3 | | time. As used in this Section, "crime of violence" means: | 4 | | first
degree murder, second degree murder, predatory | 5 | | criminal sexual assault of a
child, aggravated criminal | 6 | | sexual assault, criminal sexual assault, armed
robbery, | 7 | | aggravated arson, arson, aggravated kidnaping, kidnaping, | 8 | | aggravated
battery resulting in great bodily harm or | 9 | | permanent disability, stalking,
aggravated stalking, or | 10 | | any offense
involving the discharge of a firearm.
| 11 | | (5) Within the 10 years, excluding incarceration time, | 12 | | preceding his or her application for admission into the | 13 | | drug court program, the defendant has been convicted of: | 14 | | (A) aggravated domestic battery in violation of | 15 | | subsection (a-5) of Section 12-3.3 of the Criminal Code | 16 | | of 2012; | 17 | | (B) robbery, aggravated robbery, or armed robbery; | 18 | | (C) aggravated assault if a deadly weapon was used | 19 | | during the offense; | 20 | | (D) aggravated unlawful use of a weapon; | 21 | | (E) aggravated battery if the victim of the offense | 22 | | is a peace officer: (i) performing his or her official | 23 | | duties, (ii) battered to prevent the performance of his | 24 | | or her official duties, or (iii) battered in | 25 | | retaliation for performing his or her official duties; | 26 | | (F) non-consensual dissemination of private sexual |
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| 1 | | images; | 2 | | (G) violation of an order of protection; | 3 | | (H) failure to register as a sexual predator or sex | 4 | | offender or failure to report to a law enforcement | 5 | | agency as required under the Sex Offender Registration | 6 | | Act; | 7 | | (I) failure to register as a violent offender | 8 | | against youth or failure to report to a law enforcement | 9 | | agency as required under the Violent Offender Against | 10 | | Youth Registration Act; or | 11 | | (J) aggravated driving under the influence of | 12 | | alcohol, other drug or drugs, or intoxicating compound | 13 | | or compounds, or any combination thereof. | 14 | | (c) Notwithstanding subsection (a), the defendant may be | 15 | | admitted into a drug court program only upon the agreement of | 16 | | the prosecutor if: | 17 | | (1) the defendant is charged with a Class 2 or greater | 18 | | felony violation of: | 19 | | (A) Section 401, 401.1, 405, or 405.2 of the | 20 | | Illinois Controlled Substances Act; | 21 | | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | 22 | | Act; | 23 | | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | 24 | | or 65 of the Methamphetamine Control and Community | 25 | | Protection Act; or | 26 | | (2) the defendant has previously, on 3 or more |
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| 1 | | occasions, either completed a drug court program, been | 2 | | discharged from a drug court program, or been terminated | 3 | | from a drug court program.
| 4 | | (Source: P.A. 99-480, eff. 9-9-15.)
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