Illinois General Assembly - Full Text of SB3423
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Full Text of SB3423  97th General Assembly




SB3423 EnrolledLRB097 17881 KTG 63103 b

1    AN ACT concerning drugs.
2    WHEREAS, Treatment Alternatives for Safe Communities
3(TASC) is a more rigorous sentencing option employed by
4Illinois courts to ensure that offenders rehabilitate and prove
5to the Court that they remain drug free; therefore
6    Be it enacted by the People of the State of Illinois,
7represented in the General Assembly:
8    Section 5. The Alcoholism and Other Drug Abuse and
9Dependency Act is amended by changing Section 40-5 as follows:
10    (20 ILCS 301/40-5)
11    Sec. 40-5. Election of treatment. An addict or alcoholic
12who is charged with or convicted of a crime or any other person
13charged with or convicted of a misdemeanor violation of the Use
14of Intoxicating Compounds Act and who has not been previously
15convicted of a violation of that Act may elect treatment under
16the supervision of a licensed program designated by the
17Department, referred to in this Article as "designated
18program", unless:
19        (1) the crime is a crime of violence;
20        (2) the crime is a violation of Section 401(a), 401(b),
21    401(c) where the person electing treatment has been
22    previously convicted of a non-probationable felony or the



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1    violation is non-probationable, 401(d) where the violation
2    is non-probationable, 401.1, 402(a), 405 or 407 of the
3    Illinois Controlled Substances Act, or Section 4(d), 4(e),
4    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
5    Cannabis Control Act or Section 15, 20, 55, 60(b)(3),
6    60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the
7    Methamphetamine Control and Community Protection Act or is
8    otherwise ineligible for probation under Section 70 of the
9    Methamphetamine Control and Community Protection Act;
10        (3) the person has a record of 2 or more convictions of
11    a crime of violence;
12        (4) other criminal proceedings alleging commission of
13    a felony are pending against the person;
14        (5) the person is on probation or parole and the
15    appropriate parole or probation authority does not consent
16    to that election;
17        (6) the person elected and was admitted to a designated
18    program on 2 prior occasions within any consecutive 2-year
19    period;
20        (7) the person has been convicted of residential
21    burglary and has a record of one or more felony
22    convictions;
23        (8) the crime is a violation of Section 11-501 of the
24    Illinois Vehicle Code or a similar provision of a local
25    ordinance; or
26        (9) the crime is a reckless homicide or a reckless



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1    homicide of an unborn child, as defined in Section 9-3 or
2    9-3.2 of the Criminal Code of 1961, in which the cause of
3    death consists of the driving of a motor vehicle by a
4    person under the influence of alcohol or any other drug or
5    drugs at the time of the violation.
6(Source: P.A. 96-1440, eff. 1-1-11.)