Full Text of HB4247 95th General Assembly
HB4247 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4247
Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that an addict or alcoholic who is charged
with or convicted of a crime may not elect treatment if the crime is residential burglary (now, he or she may not elect treatment if he or she has been convicted of residential burglary and has a record
of one or more felony convictions).
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A BILL FOR
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HB4247 |
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LRB095 15080 HLH 41041 b |
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| AN ACT concerning State government.
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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 Alcoholism and Other Drug Abuse and | 5 |
| Dependency Act is amended by changing Section 40-5 as follows:
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| (20 ILCS 301/40-5)
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| Sec. 40-5. Election of treatment. An addict or alcoholic | 8 |
| who is charged
with or convicted of a crime may elect treatment | 9 |
| under the supervision of a
licensed program designated by the | 10 |
| Department, referred to in this Article
as "designated | 11 |
| program", unless:
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| (1) the crime is a crime of violence;
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| (2) the crime is a violation of Section 401(a), 401(b), | 14 |
| 401(c) where the
person electing treatment has been | 15 |
| previously convicted of a non-probationable
felony or the | 16 |
| violation is non-probationable, 401(d) where the violation | 17 |
| is
non-probationable, 401.1, 402(a), 405 or 407 of the | 18 |
| Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 19 |
| 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 20 |
| Cannabis Control Act or Section 15, 20, 55, 60, or 65 of | 21 |
| the Methamphetamine Control and Community Protection Act;
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| (3) the person has a record of 2 or more convictions of | 23 |
| a crime of
violence;
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HB4247 |
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LRB095 15080 HLH 41041 b |
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| (4) other criminal proceedings alleging commission of | 2 |
| a felony are pending
against the person;
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| (5) the person is on probation or parole and the | 4 |
| appropriate parole or
probation authority does not consent | 5 |
| to that election;
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| (6) the person elected and was admitted to a designated | 7 |
| program on 2 prior
occasions within any consecutive 2-year | 8 |
| period;
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| (7) the crime is a violation of Section 19-3 of the | 10 |
| Illinois Criminal Code of 1961 the person has been | 11 |
| convicted of residential burglary and has a record
of one | 12 |
| or more felony convictions ;
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| (8) the crime is a violation of Section 11-501 of the | 14 |
| Illinois Vehicle
Code or a similar provision of a local | 15 |
| ordinance; or
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| (9) the crime is a reckless homicide or a reckless | 17 |
| homicide of an unborn
child, as defined in Section 9-3 or | 18 |
| 9-3.2 of the Criminal Code of 1961, in
which the cause of | 19 |
| death consists of the driving of a motor vehicle by a | 20 |
| person
under the influence of alcohol or any other drug or | 21 |
| drugs at the time of the
violation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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