Full Text of SB3423 097th General Assembly
SB3423enr 97TH GENERAL ASSEMBLY |
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| 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 or any other person | 13 | | charged with or convicted of a misdemeanor violation of the Use | 14 | | of Intoxicating Compounds Act and who has not been previously | 15 | | convicted of a violation of that Act may elect treatment under | 16 | | the supervision of a
licensed program designated by the | 17 | | Department, referred to in this Article
as "designated | 18 | | program", unless: | 19 | | (1) the crime is a crime of violence; | 20 | | (2) the crime is a violation of Section 401(a), 401(b), | 21 | | 401(c) where the
person electing treatment has been | 22 | | previously convicted of a non-probationable
felony or the |
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| 1 | | violation is non-probationable, 401(d) where the violation | 2 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the | 3 | | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 4 | | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 5 | | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | 6 | | 60(b)(4), 60(b)(5), 60(b)(6) 60 , or 65 of the | 7 | | Methamphetamine Control and Community Protection Act or is | 8 | | otherwise ineligible for probation under Section 70 of the | 9 | | Methamphetamine Control and Community Protection Act ; | 10 | | (3) the person has a record of 2 or more convictions of | 11 | | a crime of
violence; | 12 | | (4) other criminal proceedings alleging commission of | 13 | | a felony are pending
against the person; | 14 | | (5) the person is on probation or parole and the | 15 | | appropriate parole or
probation authority does not consent | 16 | | to that election; | 17 | | (6) the person elected and was admitted to a designated | 18 | | program on 2 prior
occasions within any consecutive 2-year | 19 | | period; | 20 | | (7) the person has been convicted of residential | 21 | | burglary and has a record
of one or more felony | 22 | | convictions; | 23 | | (8) the crime is a violation of Section 11-501 of the | 24 | | Illinois Vehicle
Code or a similar provision of a local | 25 | | ordinance; or | 26 | | (9) the crime is a reckless homicide or a reckless |
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| 1 | | homicide of an unborn
child, as defined in Section 9-3 or | 2 | | 9-3.2 of the Criminal Code of 1961, in
which the cause of | 3 | | death consists of the driving of a motor vehicle by a | 4 | | person
under the influence of alcohol or any other drug or | 5 | | drugs at the time of the
violation. | 6 | | (Source: P.A. 96-1440, eff. 1-1-11.)
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