Rep. John E. Bradley

Filed: 2/10/2010

 

 


 

 


 
09600HB3869ham001 LRB096 09270 RLC 35826 a

1
AMENDMENT TO HOUSE BILL 3869

2     AMENDMENT NO. ______. Amend House Bill 3869 on page 1, by
3 inserting immediately below line 3 the following:
 
4     "Section 2. The Alcoholism and Other Drug Abuse and
5 Dependency 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
8 who is charged with or convicted of a crime or any other person
9 charged with or convicted of a Class C misdemeanor violation of
10 the Use of Intoxicating Compounds Act may elect treatment under
11 the supervision of a licensed program designated by the
12 Department, referred to in this Article as "designated
13 program", unless:
14         (1) the crime is a crime of violence;
15         (2) the crime is a violation of Section 401(a), 401(b),
16     401(c) where the person electing treatment has been

 

 

09600HB3869ham001 - 2 - LRB096 09270 RLC 35826 a

1     previously convicted of a non-probationable felony or the
2     violation is non-probationable, 401(d) where the violation
3     is non-probationable, 401.1, 402(a), 405 or 407 of the
4     Illinois Controlled Substances Act, or Section 4(d), 4(e),
5     4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
6     Cannabis Control Act or Section 15, 20, 55, 60, or 65 of
7     the Methamphetamine Control and Community Protection Act;
8         (3) the person has a record of 2 or more convictions of
9     a crime of violence;
10         (4) other criminal proceedings alleging commission of
11     a felony are pending against the person;
12         (5) the person is on probation or parole and the
13     appropriate parole or probation authority does not consent
14     to that election;
15         (6) the person elected and was admitted to a designated
16     program on 2 prior occasions within any consecutive 2-year
17     period;
18         (7) the person has been convicted of residential
19     burglary and has a record of one or more felony
20     convictions;
21         (8) the crime is a violation of Section 11-501 of the
22     Illinois Vehicle Code or a similar provision of a local
23     ordinance; or
24         (9) the crime is a reckless homicide or a reckless
25     homicide of an unborn child, as defined in Section 9-3 or
26     9-3.2 of the Criminal Code of 1961, in which the cause of

 

 

09600HB3869ham001 - 3 - LRB096 09270 RLC 35826 a

1     death consists of the driving of a motor vehicle by a
2     person under the influence of alcohol or any other drug or
3     drugs at the time of the violation.
4 (Source: P.A. 94-556, eff. 9-11-05.)".