Public Act 096-1440
 
HB3869 EnrolledLRB096 09270 RLC 19424 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as follows:
 
    (20 ILCS 301/40-5)
    Sec. 40-5. Election of treatment. An addict or alcoholic
who is charged with or convicted of a crime or any other person
charged with or convicted of a misdemeanor violation of the Use
of Intoxicating Compounds Act and who has not been previously
convicted of a violation of that Act may elect treatment under
the supervision of a licensed program designated by the
Department, referred to in this Article as "designated
program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a), 401(b),
    401(c) where the person electing treatment has been
    previously convicted of a non-probationable felony or the
    violation is non-probationable, 401(d) where the violation
    is non-probationable, 401.1, 402(a), 405 or 407 of the
    Illinois Controlled Substances Act, or Section 4(d), 4(e),
    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
    Cannabis Control Act or Section 15, 20, 55, 60, or 65 of
    the Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions of
    a crime of violence;
        (4) other criminal proceedings alleging commission of
    a felony are pending against the person;
        (5) the person is on probation or parole and the
    appropriate parole or probation authority does not consent
    to that election;
        (6) the person elected and was admitted to a designated
    program on 2 prior occasions within any consecutive 2-year
    period;
        (7) the person has been convicted of residential
    burglary and has a record of one or more felony
    convictions;
        (8) the crime is a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (9) the crime is a reckless homicide or a reckless
    homicide of an unborn child, as defined in Section 9-3 or
    9-3.2 of the Criminal Code of 1961, in which the cause of
    death consists of the driving of a motor vehicle by a
    person under the influence of alcohol or any other drug or
    drugs at the time of the violation.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 5. The Use of Intoxicating Compounds Act is amended
by changing Section 4 as follows:
 
    (720 ILCS 690/4)  (from Ch. 38, par. 81-4)
    Sec. 4. Sentence.
    (a) Except as otherwise provided in subsection (b),
violation of this Act is a Class C misdemeanor for a first
offense and a Class A misdemeanor for a second or subsequent
offense.
    (b) (1) The knowing ingestion of any compound, liquid, or
chemical containing the alkaloids atropine, hyoscyamine, or
scopolamine is a Class A misdemeanor.
    (2) The sale, offer for sale, delivery, or giving to any
person of a compound, liquid, or chemical containing the
alkaloids atropine, hyoscyamine, or scopolamine is a Class 4
felony.
    (3) This subsection (b) does not prohibit the sale, offer
for sale, delivery, giving, or ingestion of a compound, liquid,
or chemical containing the alkaloids atropine, hyoscyamine, or
scopolamine under the direction or prescription of a
practitioner authorized to so direct or prescribe as provided
in Section 3.
(Source: P.A. 89-640, eff. 1-1-97.)

Effective Date: 1/1/2011