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| Public Act 096-1440 | ||||
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AN ACT concerning criminal law.
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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 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:
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(720 ILCS 690/4) (from Ch. 38, par. 81-4)
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Sec. 4. Sentence.
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(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.
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(b) (1) The knowing ingestion of any compound, liquid, or | ||
chemical
containing the alkaloids atropine, hyoscyamine, or | ||
scopolamine is a Class A
misdemeanor.
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(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.
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(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
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in Section 3.
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(Source: P.A. 89-640, eff. 1-1-97.)
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