SB0844sam001 99TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 2/18/2015

09900SB0844sam001 LRB099 05982 RLC 31003 a

AMENDMENT TO SENATE BILL 844

AMENDMENT NO. ______. Amend Senate Bill 844 by replacing everything after the enacting clause with the following:

"Section 5. The Drug Court Treatment Act is amended by changing Section 20 as follows:

(730 ILCS 166/20)

Sec. 20. Eligibility.

(a) A defendant may be admitted into a drug court program before adjudication only upon the agreement of the prosecutor and the defendant and with the approval of the court. A defendant may be admitted into a drug court program post-adjudication only with the approval of the court.

(b) A defendant shall be excluded from a drug court program if any of one of the following apply:

(1) The crime is a crime of violence as set forth in clause (4) of this subsection (b).

(2) The defendant denies his or her use of or addiction to drugs.

(3) The defendant does not demonstrate a willingness to participate in a treatment program.

(4) The defendant has been convicted of a crime of violence within the past 10 years excluding incarceration time, including but not limited to: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.

(5) (Blank). The defendant has previously completed or has been discharged from a drug court program.

(Source: P.A. 92-58, eff. 1-1-02.)".