Illinois General Assembly - Full Text of Public Act 098-0896

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Public Act 098-0896

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Public Act 0896 98TH GENERAL ASSEMBLY

Public Act 098-0896

HB4236 Enrolled LRB098 17419 KTG 52519 b

    AN ACT concerning State government.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. 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 12-7.3 of
    the Criminal Code of 2012, 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(b)(3), 60(b)(4),
    60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
    and Community Protection Act or is otherwise ineligible for
    probation under Section 70 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 or the Criminal Code of
    2012, 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. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13;
97-1150, eff. 1-25-13.)

Effective Date: 1/1/2015

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