101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4165

 

Introduced 1/22/2020, 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. Adds convictions for various offenses, in addition to "crimes of violence", that exclude a defendant from admission into a drug court program.


LRB101 16248 RLC 65621 b

 

 

A BILL FOR

 

HB4165LRB101 16248 RLC 65621 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing Section 20 as follows:
 
6    (730 ILCS 166/20)
7    Sec. 20. Eligibility.
8    (a) A defendant may be admitted into a drug court program
9only upon the agreement of the defendant and with the approval
10of the court.
11    (a-5) Before a defendant is admitted into a drug court
12program, the court must make a finding that the crime for which
13the defendant is to be admitted into the drug court program had
14a nexus to the defendant's substance use disorder as defined in
15Section 1-10 of the Substance Use Disorder Act.
16    (b) A defendant shall be excluded from a drug court program
17if any of one of the following apply:
18        (1) The crime is a crime of violence as set forth in
19    clause (4) of this subsection (b).
20        (2) The defendant denies his or her use of or addiction
21    to drugs.
22        (3) The defendant does not demonstrate a willingness to
23    participate in a treatment program.

 

 

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1        (4) The defendant has been convicted of a crime of
2    violence within the past 10 years excluding incarceration
3    time. As used in this Section, "crime of violence" means:
4    first degree murder, second degree murder, predatory
5    criminal sexual assault of a child, aggravated criminal
6    sexual assault, criminal sexual assault, armed robbery,
7    aggravated arson, arson, aggravated kidnaping, kidnaping,
8    aggravated battery resulting in great bodily harm or
9    permanent disability, stalking, aggravated stalking, or
10    any offense involving the discharge of a firearm.
11        (5) Within the 10 years, excluding incarceration time,
12    preceding his or her application for admission into the
13    drug court program, the defendant has been convicted of:
14            (A) aggravated domestic battery in violation of
15        subsection (a-5) of Section 12-3.3 of the Criminal Code
16        of 2012;
17            (B) robbery, aggravated robbery, or armed robbery;
18            (C) aggravated assault if a deadly weapon was used
19        during the offense;
20            (D) aggravated unlawful use of a weapon;
21            (E) aggravated battery if the victim of the offense
22        is a peace officer: (i) performing his or her official
23        duties, (ii) battered to prevent the performance of his
24        or her official duties, or (iii) battered in
25        retaliation for performing his or her official duties;
26            (F) non-consensual dissemination of private sexual

 

 

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1        images;
2            (G) violation of an order of protection;
3            (H) failure to register as a sexual predator or sex
4        offender or failure to report to a law enforcement
5        agency as required under the Sex Offender Registration
6        Act;
7            (I) failure to register as a violent offender
8        against youth or failure to report to a law enforcement
9        agency as required under the Violent Offender Against
10        Youth Registration Act; or
11            (J) aggravated driving under the influence of
12        alcohol, other drug or drugs, or intoxicating compound
13        or compounds, or any combination thereof.
14    (c) Notwithstanding subsection (a), the defendant may be
15admitted into a drug court program only upon the agreement of
16the prosecutor if:
17        (1) the defendant is charged with a Class 2 or greater
18    felony violation of:
19            (A) Section 401, 401.1, 405, or 405.2 of the
20        Illinois Controlled Substances Act;
21            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
22        Act;
23            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
24        or 65 of the Methamphetamine Control and Community
25        Protection Act; or
26        (2) the defendant has previously, on 3 or more

 

 

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1    occasions, either completed a drug court program, been
2    discharged from a drug court program, or been terminated
3    from a drug court program.
4(Source: P.A. 99-480, eff. 9-9-15.)