Illinois General Assembly - Full Text of HB6210
Illinois General Assembly

Previous General Assemblies

Full Text of HB6210  96th General Assembly

HB6210eng 96TH GENERAL ASSEMBLY

  
  
  

 


 
HB6210 Engrossed LRB096 16603 RLC 36651 b

1     AN ACT concerning drugs.
 
2     WHEREAS, Treatment Alternatives for Safe Communities
3 (TASC) is a more rigorous sentencing option employed by
4 Illinois courts to ensure that offenders rehabilitate and prove
5 to the Court that they remain drug free; therefore
 
6     Be it enacted by the People of the State of Illinois,
7 represented in the General Assembly:
 
8     Section 5. The Alcoholism and Other Drug Abuse and
9 Dependency Act is amended by changing Section 40-5 as follows:
 
10     (20 ILCS 301/40-5)
11     Sec. 40-5. Election of treatment. An addict or alcoholic
12 who is charged with or convicted of a crime may elect treatment
13 under the supervision of a licensed program designated by the
14 Department, referred to in this Article as "designated
15 program", unless:
16         (1) the crime is a crime of violence;
17         (2) the crime is a violation of Section 401(a), 401(b),
18     401(c) where the person electing treatment has been
19     previously convicted of a non-probationable felony or the
20     violation is non-probationable, 401(d) where the violation
21     is non-probationable, 401.1, 402(a), 405 or 407 of the
22     Illinois Controlled Substances Act, or Section 4(d), 4(e),

 

 

HB6210 Engrossed - 2 - LRB096 16603 RLC 36651 b

1     4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
2     Cannabis Control Act or Section 15, 20, 55, 60(b)(3),
3     60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the
4     Methamphetamine Control and Community Protection Act or is
5     otherwise ineligible for probation under Section 70 of the
6     Methamphetamine Control and Community Protection Act;
7         (3) the person has a record of 2 or more convictions of
8     a crime of violence;
9         (4) other criminal proceedings alleging commission of
10     a felony are pending against the person;
11         (5) the person is on probation or parole and the
12     appropriate parole or probation authority does not consent
13     to that election;
14         (6) the person elected and was admitted to a designated
15     program on 2 prior occasions within any consecutive 2-year
16     period;
17         (7) the person has been convicted of residential
18     burglary and has a record of one or more felony
19     convictions;
20         (8) the crime is a violation of Section 11-501 of the
21     Illinois Vehicle Code or a similar provision of a local
22     ordinance; or
23         (9) the crime is a reckless homicide or a reckless
24     homicide of an unborn child, as defined in Section 9-3 or
25     9-3.2 of the Criminal Code of 1961, in which the cause of
26     death consists of the driving of a motor vehicle by a

 

 

HB6210 Engrossed - 3 - LRB096 16603 RLC 36651 b

1     person under the influence of alcohol or any other drug or
2     drugs at the time of the violation.
3 (Source: P.A. 94-556, eff. 9-11-05.)