Illinois General Assembly - Full Text of HB4885
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Full Text of HB4885  94th General Assembly

HB4885ham006 94TH GENERAL ASSEMBLY

Rep. Lovana Jones

Filed: 3/1/2006

 

 


 

 


 
09400HB4885ham006 LRB094 18448 RLC 56911 a

1
AMENDMENT TO HOUSE BILL 4885

2     AMENDMENT NO. ______. Amend House Bill 4885 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Cannabis Control Act is amended by changing
5 Section 10 as follows:
 
6     (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
7     Sec. 10. (a) Whenever any person who has not previously
8 been convicted of, or placed on probation or court supervision
9 for, any offense under this Act or any law of the United States
10 or of any State relating to cannabis, or controlled substances
11 as defined in the Illinois Controlled Substances Act, pleads
12 guilty to or is found guilty of violating Sections 4(a), 4(b),
13 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
14 entering a judgment and with the consent of such person,
15 sentence him or her to probation pursuant to the terms of this
16 Section.
17     (b) When a person is placed on probation, the court shall
18 enter an order specifying a period of probation of 6 to 36 24
19 months, and shall defer further proceedings in the case until
20 the conclusion of the period or until the filing of a petition
21 alleging violation of a term or condition of probation.
22     (c) The conditions of probation shall be that the person:
23 (1) not violate any criminal statute of any jurisdiction; (2)
24 refrain from possession of a firearm or other dangerous weapon;

 

 

09400HB4885ham006 - 2 - LRB094 18448 RLC 56911 a

1 (3) submit to periodic drug testing at a time and in a manner
2 as ordered by the court, but no less than 3 times during the
3 period of the probation, with the cost of the testing to be
4 paid by the probationer; and (4) perform no less than 30 hours
5 of community service, provided community service is available
6 in the jurisdiction; and (5) for first and second time
7 offenders, attend a drug school program, provided a drug school
8 program is available. For third time offenders, the State's
9 Attorney of the county in which the offense was committed may
10 recommend and the court shall order the offender to attend a
11 drug school program, provided a drug school program is
12 available. If a drug school program is not available, the court
13 shall seek recommendations for treatment or other intervention
14 by a licensed program designated by the State to provide
15 assessment services to the courts and is funded and approved by
16 the county board.
17     (d) The court may, in addition to other conditions, require
18 that the person:
19         (1) make a report to and appear in person before or
20     participate with the court or such courts, person, or
21     social service agency as directed by the court in the order
22     of probation;
23         (2) pay a fine and costs;
24         (3) work or pursue a course of study or vocational
25     training;
26         (4) undergo medical or psychiatric treatment; or
27     treatment for drug addiction or alcoholism;
28         (5) attend or reside in a facility established for the
29     instruction or residence of defendants on probation;
30         (6) support his dependents;
31         (7) refrain from possessing a firearm or other
32     dangerous weapon;
33         (7-5) refrain from having in his or her body the
34     presence of any illicit drug prohibited by the Cannabis

 

 

09400HB4885ham006 - 3 - LRB094 18448 RLC 56911 a

1     Control Act, the Illinois Controlled Substances Act, or the
2     Methamphetamine Control and Community Protection Act,
3     unless prescribed by a physician, and submit samples of his
4     or her blood or urine or both for tests to determine the
5     presence of any illicit drug;
6         (7-6) undergo treatment under the supervision of a
7     licensed program designated by the Department of Human
8     Services, and according to the terms of Article 40 of the
9     Alcoholism and Other Drug Abuse and Dependency Act;
10         (8) and in addition, if a minor:
11             (i) reside with his parents or in a foster home;
12             (ii) attend school;
13             (iii) attend a non-residential program for youth;
14             (iv) contribute to his own support at home or in a
15         foster home.
16     (d-1) In addition to any other criminal or administrative
17 sanction for any second conviction of violating Section 4(a),
18 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law
19 of another state or of the United States committed within 5
20 years of a previous violation of Section 4(a), 4(b), 4(c),
21 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another
22 state or of the United States, the defendant shall be sentenced
23 to a mandatory minimum of 5 days of imprisonment or assigned a
24 mandatory minimum of 40 hours of community service as may be
25 determined by the court.
26     (d-2) In addition to any other criminal or administrative
27 sanction for any third conviction of violating Section 4(a),
28 4(b), 4(c), 5(a), 5(b), 5(c), or 8 of this Act or a similar law
29 of another state or of the United States committed within 5
30 years of a previous violation of Section 4(a), 4(b), 4(c),
31 5(a), 5(b), 5(c), or 8 of this Act or a similar law of another
32 state or of the United States, the defendant shall be sentenced
33 to a mandatory minimum of 10 days of imprisonment or assigned a
34 mandatory minimum of 80 hours of community service as may be

 

 

09400HB4885ham006 - 4 - LRB094 18448 RLC 56911 a

1 determined by the court.
2     (d-3) Whenever any person who has previously been convicted
3 of, or placed on probation or court supervision for, any
4 offense under this Act or any law of the United States or of
5 any state relating to cannabis or controlled substances pleads
6 guilty to or is found guilty of possession of cannabis under
7 this Act, that person also may be required to undergo (i) an
8 assessment conducted by a licensed program designated by the
9 State to provide assessment services to the courts to determine
10 if an alcohol, drug, or intoxicating compound abuse problem
11 exists and the extent of the problem, and (ii) a professional
12 mental health screening, and undergo the imposition of
13 treatment as appropriate. Whenever the professional evaluation
14 or mental health screening recommends remedial or
15 rehabilitative treatment or education, the court may monitor
16 compliance with any remedial education or treatment
17 recommendations contained in the professional evaluation or
18 mental health screening. Assessments or screenings under this
19 subsection (d-3) shall be conducted by an agent independent of
20 any treatment provider to which the person may be referred.
21     (e) Upon violation of a term or condition of probation, the
22 court may enter a judgment on its original finding of guilt and
23 proceed as otherwise provided.
24     (f) Upon fulfillment of the terms and conditions of
25 probation, the court shall discharge such person and dismiss
26 the proceedings against him.
27     (g) A disposition of probation is considered to be a
28 conviction for the purposes of imposing the conditions of
29 probation and for appeal, however, discharge and dismissal
30 under this Section is not a conviction for purposes of
31 disqualification or disabilities imposed by law upon
32 conviction of a crime (including the additional penalty imposed
33 for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
34 of this Act).

 

 

09400HB4885ham006 - 5 - LRB094 18448 RLC 56911 a

1     (h) (Blank). Discharge and dismissal under this Section,
2 Section 410 of the Illinois Controlled Substances Act, or
3 Section 70 of the Methamphetamine Control and Community
4 Protection Act may occur only once with respect to any person.
5     (h-1) A sentence of probation under this Section is
6 immediately expungeable upon the successful completion of the
7 probation.
8     (i) If a person is convicted of an offense under this Act,
9 the Illinois Controlled Substances Act, or the Methamphetamine
10 Control and Community Protection Act within 5 years subsequent
11 to a discharge and dismissal under this Section, the discharge
12 and dismissal under this Section shall be admissible in the
13 sentencing proceeding for that conviction as a factor in
14 aggravation.
15     (j) A person is not eligible for a disposition of probation
16 under this Section if he or she has during the course of the
17 act giving rise to the offense under Section 4(a), 4(b), 4(c),
18 5(a), 5(b), 5(c), or 8 of this Act committed any violation of
19 Section 5.1, 5.2, or 7 of this Act, any violation of Section
20 401, 405, 405.1, 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2,
21 or 408 of the Illinois Controlled Substances Act, any violation
22 of the Methamphetamine Control and Community Protection Act
23 involving the manufacture, delivery, or possession with intent
24 to deliver of methamphetamine or a methamphetamine precursor,
25 or any offense that is a violent crime under the Rights of
26 Crime Victims and Witnesses Act.
27 (Source: P.A. 94-556, eff. 9-11-05.)
 
28     Section 10. The Illinois Controlled Substances Act is
29 amended by changing Section 410 as follows:
 
30     (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
31     Sec. 410. (a) Whenever any person who has not previously
32 been convicted of, or placed on probation or court supervision

 

 

09400HB4885ham006 - 6 - LRB094 18448 RLC 56911 a

1 for any offense under this Act or any law of the United States
2 or of any State relating to cannabis or controlled substances,
3 pleads guilty to or is found guilty of possession of a
4 controlled or counterfeit substance under subsection (c) of
5 Section 402, the court, without entering a judgment and with
6 the consent of such person, may sentence him or her to
7 probation pursuant to the terms of this Section.
8     (b) When a person is placed on probation, the court shall
9 enter an order specifying a period of probation of 6 to 36 24
10 months and shall defer further proceedings in the case until
11 the conclusion of the period or until the filing of a petition
12 alleging violation of a term or condition of probation.
13     (c) The conditions of probation shall be that the person:
14 (1) not violate any criminal statute of any jurisdiction; (2)
15 refrain from possessing a firearm or other dangerous weapon;
16 (3) submit to periodic drug testing at a time and in a manner
17 as ordered by the court, but no less than 3 times during the
18 period of the probation, with the cost of the testing to be
19 paid by the probationer; and (4) perform no less than 30 hours
20 of community service, provided community service is available
21 in the jurisdiction; and (5) for first and second time
22 offenders, attend a drug school program, provided a drug school
23 program is available. For third time offenders, the State's
24 Attorney of the county in which the offense was committed may
25 recommend and the court shall order the offender to attend a
26 drug school program, provided a drug school program is
27 available. If a drug school program is not available, the court
28 shall seek recommendations for treatment or other intervention
29 by a licensed program designated by the State to provide
30 assessment services to the courts and is funded and approved by
31 the county board.
32     (d) The court may, in addition to other conditions, require
33 that the person:
34         (1) make a report to and appear in person before or

 

 

09400HB4885ham006 - 7 - LRB094 18448 RLC 56911 a

1     participate with the court or such courts, person, or
2     social service agency as directed by the court in the order
3     of probation;
4         (2) pay a fine and costs;
5         (3) work or pursue a course of study or vocational
6     training;
7         (4) undergo medical or psychiatric treatment; or
8     treatment or rehabilitation approved by the Illinois
9     Department of Human Services;
10         (5) attend or reside in a facility established for the
11     instruction or residence of defendants on probation;
12         (6) support his dependents;
13         (6-5) refrain from having in his or her body the
14     presence of any illicit drug prohibited by the Cannabis
15     Control Act, the Illinois Controlled Substances Act, or the
16     Methamphetamine Control and Community Protection Act,
17     unless prescribed by a physician, and submit samples of his
18     or her blood or urine or both for tests to determine the
19     presence of any illicit drug;
20         (6-6) undergo treatment under the supervision of a
21     licensed program designated by the Department of Human
22     Services, and according to the terms of Article 40 of the
23     Alcoholism and Other Drug Abuse and Dependency Act;
24         (7) and in addition, if a minor:
25             (i) reside with his parents or in a foster home;
26             (ii) attend school;
27             (iii) attend a non-residential program for youth;
28             (iv) contribute to his own support at home or in a
29         foster home.
30     (d-1) In addition to any other criminal or administrative
31 sanction for any second conviction of violating subsection (c)
32 of Section 402 or a similar law of another state or of the
33 United States committed within 5 years of a previous violation
34 of subsection (c) of Section 402 or a similar law of another

 

 

09400HB4885ham006 - 8 - LRB094 18448 RLC 56911 a

1 state or of the United States, the defendant shall be sentenced
2 to a mandatory minimum of 5 days of imprisonment or assigned a
3 mandatory minimum of 40 hours of community service as may be
4 determined by the court.
5     (d-2) In addition to any other criminal or administrative
6 sanction for any third conviction of violating subsection (c)
7 of Section 402 or a similar law of another state or of the
8 United States committed within 5 years of a previous violation
9 of subsection (c) of Section 402 or a similar law of another
10 state or of the United States, the defendant shall be sentenced
11 to a mandatory minimum of 10 days of imprisonment or assigned a
12 mandatory minimum of 80 hours of community service as may be
13 determined by the court.
14     (d-3) Whenever any person who has previously been convicted
15 of, or placed on probation or court supervision for, any
16 offense under this Act or any law of the United States or of
17 any state relating to cannabis or controlled substances pleads
18 guilty to or is found guilty of possession of a controlled
19 substance under this Act, that person also may be required to
20 undergo (i) an assessment conducted by a licensed program
21 designated by the State to provide assessment services to the
22 courts to determine if an alcohol, drug, or intoxicating
23 compound abuse problem exists and the extent of the problem,
24 and (ii) a professional mental health screening, and undergo
25 the imposition of treatment as appropriate. Whenever the
26 professional evaluation or mental health screening recommends
27 remedial or rehabilitative treatment or education, the court
28 may monitor compliance with any remedial education or treatment
29 recommendations contained in the professional evaluation or
30 mental health screening. Assessments or screenings under this
31 subsection (d-3) shall be conducted by an agent independent of
32 any treatment provider to which the person may be referred.
33     (e) Upon violation of a term or condition of probation, the
34 court may enter a judgment on its original finding of guilt and

 

 

09400HB4885ham006 - 9 - LRB094 18448 RLC 56911 a

1 proceed as otherwise provided.
2     (f) Upon fulfillment of the terms and conditions of
3 probation, the court shall discharge the person and dismiss the
4 proceedings against him.
5     (g) A disposition of probation is considered to be a
6 conviction for the purposes of imposing the conditions of
7 probation and for appeal, however, discharge and dismissal
8 under this Section is not a conviction for purposes of this Act
9 or for purposes of disqualifications or disabilities imposed by
10 law upon conviction of a crime.
11     (h) (Blank). There may be only one discharge and dismissal
12 under this Section, Section 10 of the Cannabis Control Act, or
13 Section 70 of the Methamphetamine Control and Community
14 Protection Act with respect to any person.
15     (h-1) A sentence of probation under this Section is
16 immediately expungeable upon the successful completion of the
17 probation.
18     (i) If a person is convicted of an offense under this Act,
19 the Cannabis Control Act, or the Methamphetamine Control and
20 Community Protection Act within 5 years subsequent to a
21 discharge and dismissal under this Section, the discharge and
22 dismissal under this Section shall be admissible in the
23 sentencing proceeding for that conviction as evidence in
24 aggravation.
25     (j) A person is not eligible for a disposition of probation
26 under this Section if he or she has during the course of the
27 act giving rise to the offense under Section 402 of this Act
28 committed any violation of Section 5, 5.1, 5.2, 7, or 8 of the
29 Cannabis Control Act, any violation of Section 401, 405, 405.1,
30 405.2, 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of this
31 Act, any violation of the Methamphetamine Control and Community
32 Protection Act involving the manufacture, delivery, or
33 possession with intent to deliver of methamphetamine or a
34 methamphetamine precursor, or any offense that is a violent

 

 

09400HB4885ham006 - 10 - LRB094 18448 RLC 56911 a

1 crime under the Rights of Crime Victims and Witnesses Act.
2 (Source: P.A. 94-556, eff. 9-11-05.)
 
3     Section 15. The Methamphetamine Control and Community
4 Protection Act is amended by changing Section 70 as follows:
 
5     (720 ILCS 646/70)
6     Sec. 70. Probation.
7     (a) Whenever any person who has not previously been
8 convicted of, or placed on probation or court supervision for
9 any offense under this Act, the Illinois Controlled Substances
10 Act, the Cannabis Control Act, or any law of the United States
11 or of any state relating to cannabis or controlled substances,
12 pleads guilty to or is found guilty of possession of less than
13 15 grams of methamphetamine under paragraph (1) or (2) of
14 subsection (b) of Section 60 of this Act, the court, without
15 entering a judgment and with the consent of the person, may
16 sentence him or her to probation pursuant to the terms of this
17 Section.
18     (b) When a person is placed on probation, the court shall
19 enter an order specifying a period of probation of 6 to 36 24
20 months and shall defer further proceedings in the case until
21 the conclusion of the period or until the filing of a petition
22 alleging violation of a term or condition of probation.
23     (c) The conditions of probation shall be that the person:
24         (1) not violate any criminal statute of any
25     jurisdiction;
26         (2) refrain from possessing a firearm or other
27     dangerous weapon;
28         (3) submit to periodic drug testing at a time and in a
29     manner as ordered by the court, but no less than 3 times
30     during the period of the probation, with the cost of the
31     testing to be paid by the probationer; and
32         (4) perform no less than 30 hours of community service,

 

 

09400HB4885ham006 - 11 - LRB094 18448 RLC 56911 a

1     if community service is available in the jurisdiction; and
2     and is funded and approved by the county board.
3         (5) for first and second time offenders, attend a drug
4     school program, provided a drug school program is
5     available. For third time offenders, the State's Attorney
6     of the county in which the offense was committed may
7     recommend and the court shall order the offender to attend
8     a drug school program, provided a drug school program is
9     available. If a drug school program is not available, the
10     court shall seek recommendations for treatment or other
11     intervention by a licensed program designated by the State
12     to provide assessment services to the courts.
13     (d) The court may, in addition to other conditions, require
14 that the person take one or more of the following actions:
15         (1) make a report to and appear in person before or
16     participate with the court or such courts, person, or
17     social service agency as directed by the court in the order
18     of probation;
19         (2) pay a fine and costs;
20         (3) work or pursue a course of study or vocational
21     training;
22         (4) undergo medical or psychiatric treatment; or
23     treatment or rehabilitation approved by the Illinois
24     Department of Human Services;
25         (5) attend or reside in a facility established for the
26     instruction or residence of defendants on probation;
27         (6) support his or her dependents;
28         (7) refrain from having in his or her body the presence
29     of any illicit drug prohibited by this Act, the Cannabis
30     Control Act, or the Illinois Controlled Substances Act,
31     unless prescribed by a physician, and submit samples of his
32     or her blood or urine or both for tests to determine the
33     presence of any illicit drug;
34         (7-5) undergo treatment under the supervision of a

 

 

09400HB4885ham006 - 12 - LRB094 18448 RLC 56911 a

1     licensed program designated by the Department of Human
2     Services, and according to the terms of Article 40 of the
3     Alcoholism and Other Drug Abuse and Dependency Act; or
4         (8) if a minor:
5             (i) reside with his or her parents or in a foster
6         home;
7             (ii) attend school;
8             (iii) attend a non-residential program for youth;
9         or
10             (iv) contribute to his or her own support at home
11         or in a foster home.
12     (d-1) In addition to any other criminal or administrative
13 sanction for any second conviction of violating this Act or a
14 similar law of another state or of the United States committed
15 within 5 years of a previous violation of this Act or a similar
16 law of another state or of the United States, the defendant
17 shall be sentenced to a mandatory minimum of 5 days of
18 imprisonment or assigned a mandatory minimum of 40 hours of
19 community service as may be determined by the court.
20     (d-2) In addition to any other criminal or administrative
21 sanction for any third conviction of violating this Act or a
22 similar law of another state or of the United States committed
23 within 5 years of a previous violation of this Act or a similar
24 law of another state or of the United States, the defendant
25 shall be sentenced to a mandatory minimum of 10 days of
26 imprisonment or assigned a mandatory minimum of 80 hours of
27 community service as may be determined by the court.
28     (d-3) Whenever any person who has previously been convicted
29 of, or placed on probation or court supervision for, any
30 offense under this Act or any law of the United States or of
31 any state relating to cannabis or controlled substances pleads
32 guilty to or is found guilty of possession of methamphetamine
33 under this Act, that person also may be required to undergo (i)
34 an assessment conducted by a licensed program designated by the

 

 

09400HB4885ham006 - 13 - LRB094 18448 RLC 56911 a

1 State to provide assessment services to the courts to determine
2 if an alcohol, drug, or intoxicating compound abuse problem
3 exists and the extent of the problem, and (ii) a professional
4 mental health screening, and undergo the imposition of
5 treatment as appropriate. Whenever the professional evaluation
6 or mental health screening recommends remedial or
7 rehabilitative treatment or education, the court may monitor
8 compliance with any remedial education or treatment
9 recommendations contained in the professional evaluation or
10 mental health screening. Assessments or screenings under this
11 subsection (d-3) shall be conducted by an agent independent of
12 any treatment provider to which the person may be referred.
13     (e) Upon violation of a term or condition of probation, the
14 court may enter a judgment on its original finding of guilt and
15 proceed as otherwise provided.
16     (f) Upon fulfillment of the terms and conditions of
17 probation, the court shall discharge the person and dismiss the
18 proceedings against the person.
19     (g) A disposition of probation is considered to be a
20 conviction for the purposes of imposing the conditions of
21 probation and for appeal, however, discharge and dismissal
22 under this Section is not a conviction for purposes of this Act
23 or for purposes of disqualifications or disabilities imposed by
24 law upon conviction of a crime.
25     (h) (Blank). There may be only one discharge and dismissal
26 under this Section, Section 410 of the Illinois Controlled
27 Substances Act, or Section 10 of the Cannabis Control Act with
28 respect to any person.
29     (h-1) A sentence of probation under this Section is
30 immediately expungeable upon the successful completion of the
31 probation.
32     (i) If a person is convicted of an offense under this Act,
33 the Cannabis Control Act, or the Illinois Controlled Substances
34 Act within 5 years subsequent to a discharge and dismissal

 

 

09400HB4885ham006 - 14 - LRB094 18448 RLC 56911 a

1 under this Section, the discharge and dismissal under this
2 Section are admissible in the sentencing proceeding for that
3 conviction as evidence in aggravation.
4     (j) A person is not eligible for a disposition of probation
5 under this Section if he or she has during the course of the
6 act giving rise to the offense under this Act committed any
7 violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis
8 Control Act, any violation of Section 401, 405, 405.1, 405.2,
9 405.3, 406, 406.1, 407, 407.1, 407.2, or 408 of the Illinois
10 Controlled Substances Act, any violation of this Act involving
11 the manufacture, delivery, or possession with intent to deliver
12 of methamphetamine or a methamphetamine precursor, or any
13 offense that is a violent crime under the Rights of Crime
14 Victims and Witnesses Act.
15 (Source: P.A. 94-556, eff. 9-11-05.)".