Public Act 1440 96TH GENERAL ASSEMBLY
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Public Act 096-1440
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| HB3869 Enrolled | LRB096 09270 RLC 19424 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Alcoholism and Other Drug Abuse and |
Dependency Act is amended by changing Section 40-5 as follows:
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(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 |
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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.)
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Section 5. The Use of Intoxicating Compounds Act is amended |
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by changing Section 4 as follows:
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(720 ILCS 690/4) (from Ch. 38, par. 81-4)
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Sec. 4. Sentence.
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(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.
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(b) (1) The knowing ingestion of any compound, liquid, or |
chemical
containing the alkaloids atropine, hyoscyamine, or |
scopolamine is a Class A
misdemeanor.
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(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.
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(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
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in Section 3.
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(Source: P.A. 89-640, eff. 1-1-97.)
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