Rep. Sara Feigenholtz
Filed: 5/7/2014
 
 

 

 

 
09800SB3522ham002LRB098 19707 KTG 59266 a



1
AMENDMENT TO SENATE BILL 3522




2    AMENDMENT NO. ______. Amend Senate Bill 3522 by inserting 
3immediately below the enacting clause the following:

 
4    "Section 3. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by changing Section 40-5 as follows:
 
6    (20 ILCS 301/40-5)
7    Sec. 40-5. Election of treatment. An addict or alcoholic 
8who is charged
with or convicted of a crime or any other person 
9charged with or convicted of a misdemeanor violation of the Use 
10of Intoxicating Compounds Act and who has not been previously 
11convicted of a violation of that Act may elect treatment under 
12the supervision of a
licensed program designated by the 
13Department, referred to in this Article
as "designated 
14program", unless:
15        (1) the crime is a crime of violence;
16        (2) the crime is a violation of Section 401(a), 401(b), 
 
 
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1    401(c) where the
person electing treatment has been 
2    previously convicted of a non-probationable
felony or the 
3    violation is non-probationable, 401(d) where the violation 
4    is
non-probationable, 401.1, 402(a), 405 or 407 of the 
5    Illinois Controlled
Substances
Act, or Section 4(d), 4(e), 
6    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the 
7    Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 
8    60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine 
9    Control and Community Protection Act or is otherwise 
10    ineligible for probation under Section 70 of the 
11    Methamphetamine Control and Community Protection Act;
12        (3) the person has a record of 2 or more convictions of 
13    a crime of
violence;
14        (4) other criminal proceedings alleging commission of 
15    a felony are pending
against the person;
16        (5) the person is on probation or parole and the 
17    appropriate parole or
probation authority does not consent 
18    to that election;
19        (6) the person elected and was admitted to a designated 
20    program on 2 prior
occasions within any consecutive 2-year 
21    period;
22        (7) the person has been convicted of residential 
23    burglary and has a record
of one or more felony 
24    convictions;
25        (8) the crime is a violation of Section 11-501 of the 
26    Illinois Vehicle
Code or a similar provision of a local 
 
 
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1    ordinance; or
2        (9) the crime is a reckless homicide or a reckless 
3    homicide of an unborn
child, as defined in Section 9-3 or 
4    9-3.2 of the Criminal Code of 1961 or the Criminal Code of 
5    2012, in
which the cause of death consists of the driving 
6    of a motor vehicle by a person
under the influence of 
7    alcohol or any other drug or drugs at the time of the

8    violation.
9    Nothing in this Section shall preclude an individual who is 
10charged with or convicted of a crime that is a violation of 
11Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and 
12Community Protection Act, and who is otherwise eligible to make 
13the election provided for under this Section, from being 
14eligible to make an election for treatment as a condition of 
15probation as provided for under this Article.
16(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13; 
1797-1150, eff. 1-25-13.)".