State of Illinois
90th General Assembly
Legislation

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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.".

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