98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1022
 
Introduced , by Rep. Lawrence M. Walsh, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 
20 ILCS 301/40-5

     Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that treatment under the supervision of a licensed program designated by the Department of Human Services is not available to a person charged or convicted of stalking under a specified provision of the Criminal Code of 2012.
  


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A BILL FOR
 

  
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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 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, in
which the cause of 
25    death consists of the driving of a motor vehicle by a 
26    person
under the influence of alcohol or any other drug or 
 
 
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1    drugs at the time of the
violation.
2(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13.)