HB4846 101ST GENERAL ASSEMBLY

LRB101 18093 RLC 67532 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4846

Introduced 2/18/2020, by Rep. Lindsay Parkhurst

SYNOPSIS AS INTRODUCED:

730 ILCS 166/20

Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's "substance use disorder" as defined in the Substance Use Disorder Act. Lists additional offenses that exclude a defendant from admission into a drug court program.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Drug Court Treatment Act is amended by changing Section 20 as follows:

(730 ILCS 166/20)

Sec. 20. Eligibility.

(a) A defendant may be admitted into a drug court program only upon the agreement of the defendant and with the approval of the court.

(a-5) Before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's "substance use disorder" as defined in Section 1-10 of the Substance Use Disorder Act.

(b) A defendant shall be excluded from a drug court program if any of one of the following apply:

(1) The crime is a crime of violence as set forth in clause (4) of this subsection (b).

(2) The defendant denies his or her use of or addiction to drugs.

(3) The defendant does not demonstrate a willingness to participate in a treatment program.

(4) The defendant has been convicted of a crime of violence within the past 10 years excluding incarceration time.

As used in this Section, "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm. "Crime of violence" also means: aggravated domestic battery in violation of Section 12-3.3 of the Criminal Code of 2012; robbery; aggravated robbery; aggravated assault if a deadly weapon was used during the offense; aggravated unlawful use of a weapon; aggravated battery if the victim of the offense is a peace officer who was (i) performing his or her official duties, (ii) battered to prevent the performance of his or her official duties, or (iii) battered in retaliation for performing his or her official duties; non-consensual dissemination of private sexual images; violation of an order of protection; failure to register as a sexual predator or sex offender or failure to report to a law enforcement agency as required under the Sex Offender Registration Act; failure to register as a violent offender against youth or failure to report to a law enforcement agency as required under the Murderer and Violent Offender Against Youth Registration Act; aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof; domestic battery; or any offense requiring registration under the Sex Offender Registration Act or the Murderer and Violent Offender Against Youth Registration Act.

(c) Notwithstanding subsection (a), the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if:

(1) the defendant is charged with a Class 2 or greater felony violation of:

(A) Section 401, 401.1, 405, or 405.2 of the Illinois Controlled Substances Act;

(B) Section 5, 5.1, or 5.2 of the Cannabis Control Act;

(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of the Methamphetamine Control and Community Protection Act; or

(2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program.

(Source: P.A. 99-480, eff. 9-9-15.)