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Public Act 096-1440
Public Act 1440 96TH GENERAL ASSEMBLY
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Public Act 096-1440
| | HB3869 Enrolled | LRB096 09270 RLC 19424 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 2. The Alcoholism and Other Drug Abuse and | Dependency Act is amended by changing Section 40-5 as follows:
| (20 ILCS 301/40-5) | Sec. 40-5. Election of treatment. An addict or alcoholic | who is charged
with or convicted of a crime or any other person | charged with or convicted of a misdemeanor violation of the Use | of Intoxicating Compounds Act and who has not been previously | convicted of a violation of that Act may elect treatment under | the supervision of a
licensed program designated by the | Department, referred to in this Article
as "designated | program", unless: | (1) the crime is a crime of violence; | (2) the crime is a violation of Section 401(a), 401(b), | 401(c) where the
person electing treatment has been | previously convicted of a non-probationable
felony or the | violation is non-probationable, 401(d) where the violation | is
non-probationable, 401.1, 402(a), 405 or 407 of the | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | Cannabis Control Act or Section 15, 20, 55, 60, or 65 of |
| the Methamphetamine Control and Community Protection Act; | (3) the person has a record of 2 or more convictions of | a crime of
violence; | (4) other criminal proceedings alleging commission of | a felony are pending
against the person; | (5) the person is on probation or parole and the | appropriate parole or
probation authority does not consent | to that election; | (6) the person elected and was admitted to a designated | program on 2 prior
occasions within any consecutive 2-year | period; | (7) the person has been convicted of residential | burglary and has a record
of one or more felony | convictions; | (8) the crime is a violation of Section 11-501 of the | Illinois Vehicle
Code or a similar provision of a local | ordinance; or | (9) the crime is a reckless homicide or a reckless | homicide of an unborn
child, as defined in Section 9-3 or | 9-3.2 of the Criminal Code of 1961, in
which the cause of | death consists of the driving of a motor vehicle by a | person
under the influence of alcohol or any other drug or | drugs at the time of the
violation. | (Source: P.A. 94-556, eff. 9-11-05.)
| Section 5. The Use of Intoxicating Compounds Act is amended |
| by changing Section 4 as follows:
| (720 ILCS 690/4) (from Ch. 38, par. 81-4)
| Sec. 4. Sentence.
| (a) Except as otherwise provided in subsection (b), | violation of this
Act is a Class C misdemeanor for a first | offense and a Class A misdemeanor for a second or subsequent | offense.
| (b) (1) The knowing ingestion of any compound, liquid, or | chemical
containing the alkaloids atropine, hyoscyamine, or | scopolamine is a Class A
misdemeanor.
| (2) The sale, offer for sale, delivery, or giving to any | person of a
compound, liquid, or chemical containing the | alkaloids atropine, hyoscyamine,
or scopolamine is a Class 4 | felony.
| (3) This subsection (b) does not prohibit the sale, offer | for sale,
delivery, giving, or ingestion of a compound, liquid, | or chemical containing
the alkaloids atropine, hyoscyamine, or | scopolamine under the direction or
prescription of a | practitioner authorized to so direct or prescribe as provided
| in Section 3.
| (Source: P.A. 89-640, eff. 1-1-97.)
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Effective Date: 1/1/2011
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