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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5441
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in
the Section that permits the Chief Judge of a circuit to establish a drug
testing program in any county in the circuit if the county board has approved
the establishment of the program and the county probation department or
pretrial services agency has consented to administer it.
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A BILL FOR
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HB5441 |
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LRB093 17151 RLC 42817 b |
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| AN ACT in relation to criminal procedure.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing
Section 110-6.5 as follows:
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| (725 ILCS 5/110-6.5)
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| Sec. 110-6.5. Drug testing program.
The Chief Judge of the |
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| circuit may establish a drug testing program as provided
by |
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| this Section in any county in the circuit if the county board |
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| has approved
the establishment of the program and the county |
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| probation department or
pretrial services agency has consented |
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| to administer it. The drug testing
program must
shall be |
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| conducted under the following provisions:
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| (a) The court, in the case of a defendant charged with a |
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| felony offense or
any offense involving the possession or |
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| delivery of cannabis or a
controlled substance, shall:
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| (1) not consider the release of the defendant on his or |
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| her own
recognizance, unless the defendant consents to |
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| periodic drug testing during
the period of release on his |
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| or her own recognizance, in accordance with this
Section;
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| (2) consider the consent of the defendant to periodic |
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| drug testing
during the period of release on bail in |
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| accordance with this Section as a
favorable factor for the |
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| defendant in determining the amount of bail, the
conditions |
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| of release or in considering the defendant's motion to |
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| reduce
the amount of bail.
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| (b) The drug testing shall be conducted by the pretrial |
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| services agency or
under the direction of the probation |
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| department when a pretrial services
agency does not exist in |
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| accordance with this Section.
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| (c) A defendant who consents to periodic drug testing as |
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| set forth in this
Section
shall sign an agreement with the |