State of Illinois
2017 and 2018


Introduced 2/10/2017, by Rep. Robyn Gabel


20 ILCS 301/40-5

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the election of treatment.

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HB3699LRB100 10538 KTG 20754 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. 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 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),
17    401(c) where the person electing treatment has been
18    previously convicted of a non-probationable felony or the
19    violation is non-probationable, 401(d) where the violation
20    is non-probationable, 401.1, 402(a), 405 or 407 of the
21    Illinois Controlled Substances Act, or Section 12-7.3 of
22    the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
23    4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis



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1    Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
2    60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
3    and Community Protection Act or is otherwise ineligible for
4    probation under Section 70 of the Methamphetamine Control
5    and Community Protection Act;
6        (3) the person has a record of 2 or more convictions of
7    a crime of violence;
8        (4) other criminal proceedings alleging commission of
9    a felony are pending against the person;
10        (5) the person is on probation or parole and the
11    appropriate parole or probation authority does not consent
12    to that election;
13        (6) the person elected and was admitted to a designated
14    program on 2 prior occasions within any consecutive 2-year
15    period;
16        (7) the person has been convicted of residential
17    burglary and has a record of one or more felony
18    convictions;
19        (8) the crime is a violation of Section 11-501 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance; or
22        (9) the crime is a reckless homicide or a reckless
23    homicide of an unborn child, as defined in Section 9-3 or
24    9-3.2 of the Criminal Code of 1961 or the Criminal Code of
25    2012, in which the cause of death consists of the driving
26    of a motor vehicle by a person under the influence of



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1    alcohol or any other drug or drugs at the time of the
2    violation.
3    Nothing in this Section shall preclude an individual who is
4charged with or convicted of a crime that is a violation of
5Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
6Community Protection Act, and who is otherwise eligible to make
7the election provided for under this Section, from being
8eligible to make an election for treatment as a condition of
9probation as provided for under this Article.
10(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
1199-78, eff. 7-20-15.)