HB3869 Enrolled LRB096 09270 RLC 19424 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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 misdemeanor violation of the Use
10 of Intoxicating Compounds Act and who has not been previously
11 convicted of a violation of that Act may elect treatment under
12 the supervision of a licensed program designated by the
13 Department, referred to in this Article as "designated
14 program", 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 4(d), 4(e),
22     4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
23     Cannabis Control Act or Section 15, 20, 55, 60, or 65 of

 

 

HB3869 Enrolled - 2 - LRB096 09270 RLC 19424 b

1     the Methamphetamine Control and Community Protection Act;
2         (3) the person has a record of 2 or more convictions of
3     a crime of violence;
4         (4) other criminal proceedings alleging commission of
5     a felony are pending against the person;
6         (5) the person is on probation or parole and the
7     appropriate parole or probation authority does not consent
8     to that election;
9         (6) the person elected and was admitted to a designated
10     program on 2 prior occasions within any consecutive 2-year
11     period;
12         (7) the person has been convicted of residential
13     burglary and has a record of one or more felony
14     convictions;
15         (8) the crime is a violation of Section 11-501 of the
16     Illinois Vehicle Code or a similar provision of a local
17     ordinance; or
18         (9) the crime is a reckless homicide or a reckless
19     homicide of an unborn child, as defined in Section 9-3 or
20     9-3.2 of the Criminal Code of 1961, in which the cause of
21     death consists of the driving of a motor vehicle by a
22     person under the influence of alcohol or any other drug or
23     drugs at the time of the violation.
24 (Source: P.A. 94-556, eff. 9-11-05.)
 
25     Section 5. The Use of Intoxicating Compounds Act is amended

 

 

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1 by changing Section 4 as follows:
 
2     (720 ILCS 690/4)  (from Ch. 38, par. 81-4)
3     Sec. 4. Sentence.
4     (a) Except as otherwise provided in subsection (b),
5 violation of this Act is a Class C misdemeanor for a first
6 offense and a Class A misdemeanor for a second or subsequent
7 offense.
8     (b) (1) The knowing ingestion of any compound, liquid, or
9 chemical containing the alkaloids atropine, hyoscyamine, or
10 scopolamine is a Class A misdemeanor.
11     (2) The sale, offer for sale, delivery, or giving to any
12 person of a compound, liquid, or chemical containing the
13 alkaloids atropine, hyoscyamine, or scopolamine is a Class 4
14 felony.
15     (3) This subsection (b) does not prohibit the sale, offer
16 for sale, delivery, giving, or ingestion of a compound, liquid,
17 or chemical containing the alkaloids atropine, hyoscyamine, or
18 scopolamine under the direction or prescription of a
19 practitioner authorized to so direct or prescribe as provided
20 in Section 3.
21 (Source: P.A. 89-640, eff. 1-1-97.)