100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3699
 
Introduced 2/10/2017, by Rep. Robyn Gabel
 
SYNOPSIS AS INTRODUCED:
 

 
20 ILCS 301/40-5

     Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the election of treatment.
  


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A BILL FOR
 

  
HB3699LRB100 10538 KTG 20754 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by changing Section 40-5 as follows:
 
6    (20 ILCS 301/40-5)
7    Sec. 40-5. Election of treatment. An An addict or alcoholic 
8who is charged
with or convicted of a crime or any other person 
9charged with or convicted of a misdemeanor violation of the Use 
10of Intoxicating Compounds Act and who has not been previously 
11convicted of a violation of that Act may elect treatment under 
12the supervision of a
licensed program designated by the 
13Department, referred to in this Article
as "designated 
14program", unless:
15        (1) the crime is a crime of violence;
16        (2) the crime is a violation of Section 401(a), 401(b), 
17    401(c) where the
person electing treatment has been 
18    previously convicted of a non-probationable
felony or the 
19    violation is non-probationable, 401(d) where the violation 
20    is
non-probationable, 401.1, 402(a), 405 or 407 of the 
21    Illinois Controlled
Substances
Act, or Section 12-7.3 of 
22    the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 
23    4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis 
 
 
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1    Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 
2    60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control 
3    and Community Protection Act or is otherwise ineligible for 
4    probation under Section 70 of the Methamphetamine Control 
5    and Community Protection Act;
6        (3) the person has a record of 2 or more convictions of 
7    a crime of
violence;
8        (4) other criminal proceedings alleging commission of 
9    a felony are pending
against the person;
10        (5) the person is on probation or parole and the 
11    appropriate parole or
probation authority does not consent 
12    to that election;
13        (6) the person elected and was admitted to a designated 
14    program on 2 prior
occasions within any consecutive 2-year 
15    period;
16        (7) the person has been convicted of residential 
17    burglary and has a record
of one or more felony 
18    convictions;
19        (8) the crime is a violation of Section 11-501 of the 
20    Illinois Vehicle
Code or a similar provision of a local 
21    ordinance; or
22        (9) the crime is a reckless homicide or a reckless 
23    homicide of an unborn
child, as defined in Section 9-3 or 
24    9-3.2 of the Criminal Code of 1961 or the Criminal Code of 
25    2012, in
which the cause of death consists of the driving 
26    of a motor vehicle by a person
under the influence of 
 
 
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1    alcohol or any other drug or drugs at the time of the

2    violation.
3    Nothing in this Section shall preclude an individual who is 
4charged with or convicted of a crime that is a violation of 
5Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and 
6Community Protection Act, and who is otherwise eligible to make 
7the election provided for under this Section, from being 
8eligible to make an election for treatment as a condition of 
9probation as provided for under this Article.
10(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; 
1199-78, eff. 7-20-15.)