Full Text of HB4454 102nd General Assembly
HB4454 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4454 Introduced 1/21/2022, by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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| 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 5. The Drug Court Treatment Act is amended by | 5 | | changing 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 | 9 | | only upon the
agreement of the defendant and with the approval | 10 | | of the
court.
| 11 | | (a-5) Before a defendant is admitted into a drug court | 12 | | program, the court must make a finding that the crime for which | 13 | | the defendant is to be admitted into the drug court program had | 14 | | a nexus to the defendant's "substance use disorder" as defined | 15 | | in Section 1-10 of the Substance Use Disorder Act. | 16 | | (b) A defendant shall be excluded from a drug court | 17 | | program if 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 | 21 | | addiction to drugs.
| 22 | | (3) The defendant does not demonstrate a willingness | 23 | | to 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 | 12 | | of 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 | 24 | | to report to a law enforcement agency as required under | 25 | | the Sex Offender Registration Act; failure to register as | 26 | | a 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 | 10 | | admitted into a drug court program only upon the agreement of | 11 | | the 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.)
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