Full Text of HB6210 96th General Assembly
HB6210eng 96TH GENERAL ASSEMBLY
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HB6210 Engrossed |
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LRB096 16603 RLC 36651 b |
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| AN ACT concerning drugs.
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| WHEREAS, Treatment Alternatives for Safe Communities | 3 |
| (TASC) is a more rigorous sentencing option employed by | 4 |
| Illinois courts to ensure that offenders rehabilitate and prove | 5 |
| to the Court that they remain drug free; therefore | 6 |
| 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 | 9 |
| 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 | 12 |
| who is charged
with or convicted of a crime may elect treatment | 13 |
| under the supervision of a
licensed program designated by the | 14 |
| Department, referred to in this Article
as "designated | 15 |
| 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), | 18 |
| 401(c) where the
person electing treatment has been | 19 |
| previously convicted of a non-probationable
felony or the | 20 |
| violation is non-probationable, 401(d) where the violation | 21 |
| is
non-probationable, 401.1, 402(a), 405 or 407 of the | 22 |
| Illinois Controlled
Substances
Act, or Section 4(d), 4(e), |
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HB6210 Engrossed |
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LRB096 16603 RLC 36651 b |
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| 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 2 |
| Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | 3 |
| 60(b)(4), 60(b)(5), 60(b)(6) 60 , or 65 of the | 4 |
| Methamphetamine Control and Community Protection Act or is | 5 |
| otherwise ineligible for probation under Section 70 of the | 6 |
| Methamphetamine Control and Community Protection Act ;
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| (3) the person has a record of 2 or more convictions of | 8 |
| a crime of
violence;
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| (4) other criminal proceedings alleging commission of | 10 |
| a felony are pending
against the person;
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| (5) the person is on probation or parole and the | 12 |
| appropriate parole or
probation authority does not consent | 13 |
| to that election;
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| (6) the person elected and was admitted to a designated | 15 |
| program on 2 prior
occasions within any consecutive 2-year | 16 |
| period;
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| (7) the person has been convicted of residential | 18 |
| burglary and has a record
of one or more felony | 19 |
| convictions;
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| (8) the crime is a violation of Section 11-501 of the | 21 |
| Illinois Vehicle
Code or a similar provision of a local | 22 |
| ordinance; or
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| (9) the crime is a reckless homicide or a reckless | 24 |
| homicide of an unborn
child, as defined in Section 9-3 or | 25 |
| 9-3.2 of the Criminal Code of 1961, in
which the cause of | 26 |
| death consists of the driving of a motor vehicle by a |
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HB6210 Engrossed |
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LRB096 16603 RLC 36651 b |
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| person
under the influence of alcohol or any other drug or | 2 |
| drugs at the time of the
violation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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