Illinois General Assembly - Full Text of HB3410
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Full Text of HB3410  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Jackie Haas


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. Makes changes to offenses that exclude a defendant from admission into a drug court program.

LRB103 28546 RJT 54927 b





HB3410LRB103 28546 RJT 54927 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 consent of the defendant and with the approval of
10the court. A defendant agrees to be admitted when a written
11consent to participate is provided to the court in open court
12and the defendant acknowledges understanding its contents.
13    (a-5) Each drug court shall have a target population
14defined in its written policies and procedures. The policies
15and procedures shall define that court's eligibility and
16exclusionary criteria.
17    (a-10) Before a defendant is admitted into a drug court
18program, the court must make a finding that the crime for which
19the defendant is to be admitted into the drug court program had
20a nexus to the defendant's substance use disorder, as that
21term is defined in Section 1-10 of the Substance Use Disorder
23    (b) A defendant shall be excluded from a drug court



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1program if any one of the following applies:
2        (1) The crime is a crime of violence as set forth in
3    paragraph (4) of this subsection (b).
4        (2) The defendant denies his or her use of or
5    addiction to drugs.
6        (3) The defendant does not demonstrate a willingness
7    to participate in a treatment program.
8        (4) The defendant has been convicted of a crime of
9    violence within the past 5 years excluding incarceration
10    time, parole, and periods of mandatory supervised release.
11    As used in this paragraph, "crime of violence" means:
12    first degree murder, second degree murder, predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, criminal sexual assault, armed robbery,
15    aggravated arson, arson, aggravated kidnaping, kidnapping,
16    aggravated battery resulting in great bodily harm or
17    permanent disability, aggravated domestic battery
18    resulting in great bodily harm or permanent disability,
19    aggravated criminal sexual abuse by a person in a position
20    of trust or authority over a child, stalking, aggravated
21    stalking, home invasion, aggravated vehicular hijacking,
22    or any offense involving the discharge of a firearm.
23    "Crime of violence" also means: robbery; aggravated
24    robbery; aggravated assault if a deadly weapon was used
25    during the offense; aggravated unlawful use of a weapon;
26    violation of an order of protection; failure to register



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1    as a violent offender against youth or failure to report
2    to a law enforcement agency as required under the Murderer
3    and Violent Offender Against Youth Registration Act;
4    aggravated driving under the influence of alcohol, other
5    drug or drugs, or intoxicating compound or compounds, or
6    any combination thereof; or any offense requiring
7    registration under the Murderer and Violent Offender
8    Against Youth Registration Act.
9        (5) The defendant is charged with a violation of
10    subparagraph (F) of paragraph (1) of subsection (d) of
11    Section 11-501 of the Illinois Vehicle Code in which an
12    individual is charged with aggravated driving under the
13    influence that resulted in the death of another person or
14    when the violation was a proximate cause of the death,
15    unless, pursuant to subparagraph (G) of paragraph (1) of
16    subsection (d) of Section 11-501 of the Illinois Vehicle
17    Code, the court determines that extraordinary
18    circumstances exist and require probation.
19    (c) Notwithstanding subsection (a), the defendant may be
20admitted into a drug court program only upon the agreement of
21the prosecutor if the defendant is charged with a Class 2 or
22greater felony violation of:
23        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
24    Controlled Substances Act;
25        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
26    Act; or



HB3410- 4 -LRB103 28546 RJT 54927 b

1        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
2    65 of the Methamphetamine Control and Community Protection
3    Act.
4(Source: P.A. 102-1041, eff. 6-2-22.)