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90_SB0014ham001 LRB9000800RCksam 1 AMENDMENT TO SENATE BILL 14 2 AMENDMENT NO. . Amend Senate Bill 14 on page 1, by 3 replacing lines 1 and 2 with the following: 4 "AN ACT in relation to cannabis and controlled 5 substances."; and 6 on page 1, by inserting between lines 4 and 5 the following: 7 "Section 2. The Alcoholism and Other Drug Abuse and 8 Dependency Act is amended by changing Section 40-5 as 9 follows: 10 (20 ILCS 301/40-5) 11 Sec. 40-5. Election of treatment. An addict or 12 alcoholic who is charged with or convicted of a crime may 13 elect treatment under the supervision of a licensed program 14 designated by the Department, referred to in this Article as 15 "designated program", unless: 16 (1) the crime is a crime of violence; 17 (2) the crime is a violation of Section 401(a), 18 401(b), 401(c) where the person electing treatment has 19 been previously convicted of a non-probationable felony 20 or the violation is non-probationable, 401(d) where the 21 violation is non-probationable, 401.1, 402(a), 405 or 407 -2- LRB9000800RCksam 1 of the Illinois Controlled Substances Act, or Section 2 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 3 9 of the Cannabis Control Act; 4 (3) the person has a record of 2 or more 5 convictions of a crime of violence; 6 (4) other criminal proceedings alleging commission 7 of a felony are pending against the person; 8 (5) the person is on probation or parole and the 9 appropriate parole or probation authority does not 10 consent to that election; 11 (6) the person elected and was admitted to a 12 designated program on 2 prior occasions within any 13 consecutive 2-year period; 14 (7) the person has been convicted of residential 15 burglary and has a record of one or more felony 16 convictions; 17 (8) the crime is a violation of Section 11-501 of 18 the Illinois Vehicle Code or a similar provision of a 19 local ordinance; or 20 (9) the crime is a reckless homicide or a reckless 21 homicide of an unborn child, as defined in Section 9-3 or 22 9-3.2 of the Criminal Code of 1961, in which the cause of 23 death consists of the driving of a motor vehicle by a 24 person under the influence of alcohol or any other drug 25 or drugs at the time of the violation. 26 (Source: P.A. 88-80; incorporates 88-98; 88-670, eff. 27 12-2-94.)"; and 28 on page 3, by inserting below line 16 the following: 29 "Section 99. Effective date. This Act takes effect upon 30 becoming law.".