Sen. John G. Mulroe

Filed: 2/18/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 844

2    AMENDMENT NO. ______. Amend Senate Bill 844 by replacing
3everything after the enacting clause with the following:
 
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
9before adjudication only upon the agreement of the prosecutor
10and the defendant and with the approval of the court. A
11defendant may be admitted into a drug court program
12post-adjudication only with the approval of the court.
13    (b) A defendant shall be excluded from a drug court program
14if any of one of the following apply:
15        (1) The crime is a crime of violence as set forth in
16    clause (4) of this subsection (b).

 

 

09900SB0844sam001- 2 -LRB099 05982 RLC 31003 a

1        (2) The defendant denies his or her use of or addiction
2    to drugs.
3        (3) The defendant does not demonstrate a willingness to
4    participate in a treatment program.
5        (4) The defendant has been convicted of a crime of
6    violence within the past 10 years excluding incarceration
7    time, including but not limited to: first degree murder,
8    second degree murder, predatory criminal sexual assault of
9    a child, aggravated criminal sexual assault, criminal
10    sexual assault, armed robbery, aggravated arson, arson,
11    aggravated kidnaping, kidnaping, aggravated battery
12    resulting in great bodily harm or permanent disability,
13    stalking, aggravated stalking, or any offense involving
14    the discharge of a firearm.
15        (5) (Blank). The defendant has previously completed or
16    has been discharged from a drug court program.
17(Source: P.A. 92-58, eff. 1-1-02.)".