HB4885ham004 94TH GENERAL ASSEMBLY

Rep. Lovana Jones

Filed: 3/1/2006

09400HB4885ham004 LRB094 18448 RLC 56815 a

AMENDMENT TO HOUSE BILL 4885

AMENDMENT NO. ______. Amend House Bill 4885 by replacing everything after the enacting clause with the following:

"Section 5. The Cannabis Control Act is amended by changing Section 10 as follows:

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (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 Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him or her to probation pursuant to the terms of this Section.

(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 6 to 36 24 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 probation.

(c) The conditions of probation 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 probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction; and (5) for first and second time offenders, attend a drug school program, provided a drug school program is available. For third time offenders, the State's Attorney of the county in which the offense was committed may recommend and the court shall order the offender to attend a drug school program, provided a drug school program is available. If a drug school program is not available, the court shall seek recommendations for treatment or other intervention by a licensed program designated by the State to provide assessment services to the courts 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 probation;

(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 probation;

(6) support his 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;

(7-6) undergo treatment under the supervision of a licensed program designated by the Department of Human Services, and according to the terms of Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act;

(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.

(d-1) In addition to any other criminal or administrative sanction for any second conviction of violating Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States committed within 5 years of a previous violation of Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 40 hours of community service as may be determined by the court.

(d-2) In addition to any other criminal or administrative sanction for any third conviction of violating Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States committed within 5 years of a previous violation of Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 10 days of imprisonment or assigned a mandatory minimum of 80 hours of community service as may be determined by the court.

(d-3) Whenever any person who has 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 pleads guilty to or is found guilty of possession of cannabis under this Act, that person also may be required to undergo (i) an assessment conducted by a licensed program designated by the State to provide assessment services to the courts to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and (ii) a professional mental health screening, and undergo the imposition of treatment as appropriate. Whenever the professional evaluation or mental health screening recommends remedial or rehabilitative treatment or education, the court may monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation or mental health screening. Assessments or screenings under this subsection (d-3) shall be conducted by an agent independent of any treatment provider to which the person may be referred.

(d-4) In addition to any other criminal or administrative sanction for any third conviction of violating Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States within 5 years of a previous violation of Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another state or of the United States, the court may also order the defendant to participate in a treatment intervention consistent with his or her clinical and supervisory needs, including but not limited to supervision under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act or supervision under the Drug Court Treatment Act.

(e) Upon violation of a term or condition of probation, 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 probation, the court shall discharge such person and dismiss the proceedings against him.

(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation 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) (Blank). Discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act may occur only once with respect to any person.

(h-1) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) 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.

(j) A person is not eligible for a disposition of probation under this Section if he or she has during the course of the act giving rise to the offense under Section 4(a), 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act committed any violation of Section 5.1, 5.2, or 7 of this Act, any violation of Section 401, 405, 405.1, 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.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 10. The Illinois Controlled Substances Act is amended by changing Section 410 as follows:

(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)

Sec. 410. (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, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation pursuant to the terms of this Section.

(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 6 to 36 24 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 probation.

(c) The conditions of probation 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 probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction; and (5) for first and second time offenders, attend a drug school program, provided a drug school program is available. For third time offenders, the State's Attorney of the county in which the offense was committed may recommend and the court shall order the offender to attend a drug school program, provided a drug school program is available. If a drug school program is not available, the court shall seek recommendations for treatment or other intervention by a licensed program designated by the State to provide assessment services to the courts 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 probation;

(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 approved by the Illinois Department of Human Services;

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

(6) support his dependents;

(6-5) 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;

(6-6) undergo treatment under the supervision of a licensed program designated by the Department of Human Services, and according to the terms of Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act;

(7) 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.

(d-1) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (c) of Section 402 or a similar law of another state or of the United States committed within 5 years of a previous violation of subsection (c) of Section 402 or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 40 hours of community service as may be determined by the court.

(d-2) In addition to any other criminal or administrative sanction for any third conviction of violating subsection (c) of Section 402 or a similar law of another state or of the United States committed within 5 years of a previous violation of subsection (c) of Section 402 or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 10 days of imprisonment or assigned a mandatory minimum of 80 hours of community service as may be determined by the court.

(d-3) Whenever any person who has 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 pleads guilty to or is found guilty of possession of a controlled substance under this Act, that person also may be required to undergo (i) an assessment conducted by a licensed program designated by the State to provide assessment services to the courts to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and (ii) a professional mental health screening, and undergo the imposition of treatment as appropriate. Whenever the professional evaluation or mental health screening recommends remedial or rehabilitative treatment or education, the court may monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation or mental health screening. Assessments or screenings under this subsection (d-3) shall be conducted by an agent independent of any treatment provider to which the person may be referred.

(d-4) In addition to any other criminal or administrative sanction for any third conviction of violating subsection (c) of Section 402 or a similar law of another state or of the United States within 5 years of a previous violation of subsection (c) of Section 402 or a similar law of another state or of the United States, the court may also order the defendant to participate in a treatment intervention consistent with his or her clinical and supervisory needs, including but not limited to supervision under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act or supervision under the Drug Court Treatment Act.

(e) Upon violation of a term or condition of probation, 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 probation, the court shall discharge the person and dismiss the proceedings against him.

(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation 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) (Blank). There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, or Section 70 of the Methamphetamine Control and Community Protection Act with respect to any person.

(h-1) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) If a person is convicted of an offense under this Act, the Cannabis Control 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 evidence in aggravation.

(j) A person is not eligible for a disposition of probation under this Section 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, 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.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 15. The Methamphetamine Control and Community Protection Act is amended by changing Section 70 as follows:

(720 ILCS 646/70)

Sec. 70. Probation.

(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation pursuant to the terms of this Section.

(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 6 to 36 24 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 probation.

(c) The conditions of probation 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 probationer; and

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

(5) for first and second time offenders, attend a drug school program, provided a drug school program is available. For third time offenders, the State's Attorney of the county in which the offense was committed may recommend and the court shall order the offender to attend a drug school program, provided a drug school program is available. If a drug school program is not available, the court shall seek recommendations for treatment or other intervention by a licensed program designated by the State to provide assessment services to the courts.

(d) The court may, in addition to other conditions, require that the person take one or more of the following actions:

(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 probation;

(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 approved by the Illinois Department of Human Services;

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

(6) support his or her dependents;

(7) refrain from having in his or her body the presence of any illicit drug prohibited by this Act, 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;

(7-5) undergo treatment under the supervision of a licensed program designated by the Department of Human Services, and according to the terms of Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act; or

(8) 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; or

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

(d-1) In addition to any other criminal or administrative sanction for any second conviction of violating this Act or a similar law of another state or of the United States committed within 5 years of a previous violation of this Act or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 40 hours of community service as may be determined by the court.

(d-2) In addition to any other criminal or administrative sanction for any third conviction of violating this Act or a similar law of another state or of the United States committed within 5 years of a previous violation of this Act or a similar law of another state or of the United States, the defendant shall be sentenced to a mandatory minimum of 10 days of imprisonment or assigned a mandatory minimum of 80 hours of community service as may be determined by the court.

(d-3) Whenever any person who has 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 pleads guilty to or is found guilty of possession of methamphetamine under this Act, that person also may be required to undergo (i) an assessment conducted by a licensed program designated by the State to provide assessment services to the courts to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and (ii) a professional mental health screening, and undergo the imposition of treatment as appropriate. Whenever the professional evaluation or mental health screening recommends remedial or rehabilitative treatment or education, the court may monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation or mental health screening. Assessments or screenings under this subsection (d-3) shall be conducted by an agent independent of any treatment provider to which the person may be referred.

(d-4) In addition to any other criminal or administrative sanction for any third conviction of violating this Act or a similar law of another state or of the United States within 5 years of a previous violation of this Act or a similar law of another state or of the United States, the court may also order the defendant to participate in a treatment intervention consistent with his or her clinical and supervisory needs, including but not limited to supervision under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act or supervision under the Drug Court Treatment Act.

(e) Upon violation of a term or condition of probation, 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 probation, the court shall discharge the person and dismiss the proceedings against the person.

(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation 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) (Blank). There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, or Section 10 of the Cannabis Control Act with respect to any person.

(h-1) A sentence of probation under this Section is immediately expungeable upon the successful completion of the probation.

(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section are admissible in the sentencing proceeding for that conviction as evidence in aggravation.

(j) A person is not eligible for a disposition of probation under this Section if he or she has during the course of the act giving rise to the offense under 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, 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of the Illinois Controlled Substances Act, any violation of this 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.

(Source: P.A. 94-556, eff. 9-11-05.)".