HB4885 94TH GENERAL ASSEMBLY

LRB094 18448 RLC 53760 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4885

Introduced 1/19/2006, by Rep. Lovana Jones - Esther Golar - Constance A. Howard - Annazette Collins

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-14.2 new
720 ILCS 550/4	from Ch. 56 1/2, par. 704
720 ILCS 550/10.4 new
720 ILCS 570/402	from Ch. 56 1/2, par. 1402
720 ILCS 570/410.5 new

Amends the Criminal Code of 1961, the Cannabis Control Act, and the Illinois Controlled Substances Act. Provides that whenever any person who has not previously been convicted of or placed on probation for a Class 4 felony charge of prostitution, possession of cannabis, or possession of a controlled substance or any law of the United States or of any other state relating to such offenses pleads guilty to or is found guilty of such offenses, the court, without entering a judgment and with the consent of such person, may sentence the person to deferred adjudication or probation. Provides that when a person is placed on deferred adjudication for such offenses, the court shall enter an order specifying a period of deferred adjudication of 12 to 18 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the deferred adjudication. Provides that the conditions of deferred adjudication shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the person on deferred adjudication; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. Provides that the court may impose other conditions of deferred adjudication. Provides that upon fulfillment of the terms and conditions of deferred adjudication, the court shall discharge the person and dismiss the proceedings against him or her. Provides that there may be only one discharge and dismissal under these provisions unless the court deems that the person may benefit from this disposition for a second or subsequent violation. Provides that if a person is convicted of such offenses within 5 years subsequent to a discharge and dismissal under these provisions, the discharge and dismissal shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. Provides that the arrest and court records of a person sentenced to probation under these provisions who successfully completes his or her terms of probation shall be expunged and sealed in accordance with the Criminal Identification Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

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 Criminal Code of 1961 is amended by adding Section 11-14.2 as follows:

(720 ILCS 5/11-14.2 new)

Sec. 11-14.2. First offender; felony prostitution.

(a) Whenever any person who has not previously been convicted of or placed on probation for felony prostitution or any law of the United States or of any other state relating to felony prostitution pleads guilty to or is found guilty of felony prostitution, the court, without entering a judgment and with the consent of such person, shall sentence the person to deferred adjudication.

(b) When a person is placed on deferred adjudication, the court shall enter an order specifying a period of deferred adjudication of at least 12 months and not exceeding 18 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of deferred adjudication.

(c) The conditions of deferred adjudication shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the deferred adjudication, with the cost of the testing to be paid by the person on deferred adjudication; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(d) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of deferred adjudication;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment or rehabilitation by a provider approved by the Illinois Department of Human Services;

(5) attend or reside in a facility established for the instruction or residence of defendants on deferred adjudication;

(6) support his or her dependents;

(7) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his or her parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his or her own support at home or in a foster home.

(e) Upon violation of a term or condition of deferred adjudication, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of deferred adjudication, the court shall discharge the person and dismiss the proceedings against him or her.

(g) A disposition of deferred adjudication is considered to be a conviction for the purposes of imposing the conditions of deferred adjudication and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

(h) There may be only one discharge and dismissal under this Section unless the court determines that the person may benefit from this disposition for a second or subsequent violation.

(i) If a person is convicted of prostitution within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.

(j) A person who committed any offense that is a violent crime under the Rights of Crime Victims and Witnesses Act during the course of the commission of prostitution is not eligible for deferred adjudication.

(k) If a person eligible for deferred adjudication under subsection (a) does not agree to the disposition, the court shall sentence the person to probation. The arrest and court records of a person sentenced to probation under this subsection (k) who successfully completes his or her terms of probation shall be expunged and sealed in accordance with Section 5 of the Criminal Identification Act.

Section 10. The Cannabis Control Act is amended by changing Section 4 and by adding Section 10.4 as follows:

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. It is unlawful for any person knowingly to possess cannabis.

(1) Any person who violates this section with respect to:

(a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;

(b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(2) Any person convicted of a violation of this Section that is a Class 4 felony and who is eligible for deferred adjudication under Section 10.4 may be sentenced to deferred adjudication or may be sentenced to probation and a fine.

(Source: P.A. 90-397, eff. 8-15-97.)

(720 ILCS 550/10.4 new)

Sec. 10.4. Deferred adjudication.

(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating clause (1)(c) or (1)(d) of Section 4 of this Act that is a Class 4 felony, the court shall, without entering a judgment and with the consent of such person, sentence him or her to deferred adjudication.

(b) When a person is placed on deferred adjudication, the court shall enter an order specifying a period of deferred adjudication of at least 12 months and a maximum period of 18 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of deferred adjudication.

(c) The conditions of deferred adjudication shall be that the person:

(1) not violate any criminal statute of any jurisdiction;

(2) refrain from possession of a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the deferred adjudication, with the cost of the testing to be paid by the person on deferred adjudication; and

(4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(d) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of deferred adjudication;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the instruction or residence of defendants on deferred adjudication;

(6) support his or her dependents;

(7) refrain from possessing a firearm or other dangerous weapon;

(7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(e) Upon violation of a term or condition of deferred adjudication, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of deferred adjudication, the court shall discharge such person and dismiss the proceedings against him or her.

(g) A disposition of deferred adjudication is considered to be a conviction for the purposes of imposing the conditions of deferred adjudication and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act).

(h) Discharge and dismissal under this Section may occur only once with respect to any person unless the court determines that the person may benefit from this disposition for a second or subsequent violation.

(i) If a person eligible for deferred adjudication under subsection (a) does not agree to the disposition, the court shall sentence the person to probation. The arrest and court records of a person sentenced to probation under this subsection (i) who successfully completes his or her terms of probation shall be expunged and sealed in accordance with Section 5 of the Criminal Identification Act.

(j) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

(k) A person is not eligible for a disposition of deferred adjudication if he or she has during the course of the act giving rise to the offense under clause (1)(c) or (1)(d) of Section 4 of this Act committed any violation of Section 5, 5.1, 5.2, 7, or 8 of this Act, any violation of Section 401, 405, 405.1, or 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of the Illinois Controlled Substances Act, any violation of the Methamphetamine Control and Community Protection Act involving the manufacture, delivery, or possession with intent to deliver of methamphetamine or a methamphetamine precursor, or any offense that is a violent crime under the Rights of Crime Victims and Witnesses Act.

Section 15. The Illinois Controlled Substances Act is amended by changing Section 402 and by adding Section 410.5 as follows:

(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)

Sec. 402. Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.

(a) Any person who violates this Section with respect to the following controlled or counterfeit substances and amounts, notwithstanding any of the provisions of subsections (c) and (d) to the contrary, is guilty of a Class 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as provided in this subsection (a) and fined as provided in subsection (b):

(1) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;

(C) not less than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing heroin;

(2) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;

(C) not less than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing cocaine;

(3) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;

(C) not less than 6 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing morphine;

(4) 200 grams or more of any substance containing peyote;

(5) 200 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;

(6) 200 grams or more of any substance containing amphetamine or any salt of an optical isomer of amphetamine;

(6.5) (blank);

(7) (A) not less than 4 years and not more than 15 years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(B) not less than 6 years and not more than 30 years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(C) not less than 8 years and not more than 40 years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(D) not less than 10 years and not more than 50 years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(7.5) (A) not less than 4 years and not more than 15 years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(B) not less than 6 years and not more than 30 years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(C) not less than 8 years and not more than 40 years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(D) not less than 10 years and not more than 50 years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(8) 30 grams or more of any substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;

(9) 30 grams or more of any substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone;

(10) 30 grams or more of any substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);

(10.5) 30 grams or more of any substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine;

(11) 200 grams or more of any substance containing any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.

(b) Any person sentenced with respect to violations of paragraph (1), (2), (3), (7), or (7.5) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not to exceed $200,000 or the full street value of the controlled or counterfeit substances, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $200,000.

(c) Any person who violates this Section with regard to an amount of a controlled substance other than methamphetamine or counterfeit substance not set forth in subsection (a) or (d) is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $25,000.

(d) Any person who violates this Section with regard to any amount of anabolic steroid is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense committed within 2 years of a prior conviction.

(e) Any person convicted of a violation of this Section that is a Class 4 felony and who is eligible for deferred adjudication under Section 410.5 may be sentenced to deferred adjudication or may be sentenced to probation and a fine.

(Source: P.A. 94-324, eff. 7-26-05; 94-556, eff. 9-11-05; revised 8-19-05.)

(720 ILCS 570/410.5 new)

Sec. 410.5. Deferred adjudication.

(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under the Cannabis Control Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in this Act, pleads guilty to or is found guilty of violating Section 402 of this Act that is a Class 4 felony, the court shall, without entering a judgment and with the consent of such person, sentence him or her to deferred adjudication.

(b) When a person is placed on deferred adjudication, the court shall enter an order specifying a period of deferred adjudication of at least 12 months and a maximum period of 18 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of deferred adjudication.

(c) The conditions of deferred adjudication shall be that the person:

(1) not violate any criminal statute of any jurisdiction;

(2) refrain from possession of a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the deferred adjudication, with the cost of the testing to be paid by the person on deferred adjudication; and

(4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(d) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of deferred adjudication;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the instruction or residence of defendants on deferred adjudication;

(6) support his or her dependents;

(7) refrain from possessing a firearm or other dangerous weapon;

(7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(e) Upon violation of a term or condition of deferred adjudication, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of deferred adjudication, the court shall discharge such person and dismiss the proceedings against him or her.

(g) A disposition of deferred adjudication is considered to be a conviction for the purposes of imposing the conditions of deferred adjudication and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.

(h) Discharge and dismissal under this Section may occur only once with respect to any person unless the court determines that the person may benefit from this disposition for a second or subsequent violation.

(i) If a person eligible for deferred adjudication under subsection (a) does not agree to the disposition, the court shall sentence the person to probation. The arrest and court records of a person sentenced to probation under this subsection (i) who successfully completes his or her terms of probation shall be expunged and sealed in accordance with Section 5 of the Criminal Identification Act.

(j) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

(k) A person is not eligible for a disposition of deferred adjudication if he or she has during the course of the act giving rise to the offense under Section 402 of this Act committed any violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act, any violation of Section 401, 405, 405.1, or 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of this Act, any violation of the Methamphetamine Control and Community Protection Act involving the manufacture, delivery, or possession with intent to deliver of methamphetamine or a methamphetamine precursor, or any offense that is a violent crime under the Rights of Crime Victims and Witnesses Act.