101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4846

 

Introduced 2/18/2020, by Rep. Lindsay Parkhurst

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 166/20

    Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's "substance use disorder" as defined in the Substance Use Disorder Act. Lists additional offenses that exclude a defendant from admission into a drug court program.


LRB101 18093 RLC 67532 b

 

 

A BILL FOR

 

HB4846LRB101 18093 RLC 67532 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing Section 20 as follows:
 
6    (730 ILCS 166/20)
7    Sec. 20. Eligibility.
8    (a) A defendant may be admitted into a drug court program
9only upon the agreement of the defendant and with the approval
10of the court.
11    (a-5) Before a defendant is admitted into a drug court
12program, the court must make a finding that the crime for which
13the defendant is to be admitted into the drug court program had
14a nexus to the defendant's "substance use disorder" as defined
15in Section 1-10 of the Substance Use Disorder Act.
16    (b) A defendant shall be excluded from a drug court program
17if any of one of the following apply:
18        (1) The crime is a crime of violence as set forth in
19    clause (4) of this subsection (b).
20        (2) The defendant denies his or her use of or addiction
21    to drugs.
22        (3) The defendant does not demonstrate a willingness to
23    participate in a treatment program.

 

 

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1        (4) The defendant has been convicted of a crime of
2    violence within the past 10 years excluding incarceration
3    time.
4        As used in this Section, "crime of violence" means:
5    first degree murder, second degree murder, predatory
6    criminal sexual assault of a child, aggravated criminal
7    sexual assault, criminal sexual assault, armed robbery,
8    aggravated arson, arson, aggravated kidnaping, kidnaping,
9    aggravated battery resulting in great bodily harm or
10    permanent disability, stalking, aggravated stalking, or
11    any offense involving the discharge of a firearm. "Crime of
12    violence" also means: aggravated domestic battery in
13    violation of Section 12-3.3 of the Criminal Code of 2012;
14    robbery; aggravated robbery; aggravated assault if a
15    deadly weapon was used during the offense; aggravated
16    unlawful use of a weapon; aggravated battery if the victim
17    of the offense is a peace officer who was (i) performing
18    his or her official duties, (ii) battered to prevent the
19    performance of his or her official duties, or (iii)
20    battered in retaliation for performing his or her official
21    duties; non-consensual dissemination of private sexual
22    images; violation of an order of protection; failure to
23    register as a sexual predator or sex offender or failure to
24    report to a law enforcement agency as required under the
25    Sex Offender Registration Act; failure to register as a
26    violent offender against youth or failure to report to a

 

 

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1    law enforcement agency as required under the Murderer and
2    Violent Offender Against Youth Registration Act;
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof; domestic battery; or any offense
6    requiring registration under the Sex Offender Registration
7    Act or the Murderer and Violent Offender Against Youth
8    Registration Act.
9    (c) Notwithstanding subsection (a), the defendant may be
10admitted into a drug court program only upon the agreement of
11the prosecutor if:
12        (1) the defendant is charged with a Class 2 or greater
13    felony violation of:
14            (A) Section 401, 401.1, 405, or 405.2 of the
15        Illinois Controlled Substances Act;
16            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
17        Act;
18            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
19        or 65 of the Methamphetamine Control and Community
20        Protection Act; or
21        (2) the defendant has previously, on 3 or more
22    occasions, either completed a drug court program, been
23    discharged from a drug court program, or been terminated
24    from a drug court program.
25(Source: P.A. 99-480, eff. 9-9-15.)