Full Text of HB4598 96th General Assembly
HB4598 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4598
Introduced , by Rep. LaShawn K. Ford - Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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720 ILCS 550/10 |
from Ch. 56 1/2, par. 710 |
720 ILCS 570/410 |
from Ch. 56 1/2, par. 1410 |
720 ILCS 646/70 |
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Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the first time probation provisions for certain drug possession offenses apply to persons who committed previous misdemeanor cannabis violations.
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A BILL FOR
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HB4598 |
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LRB096 13433 RLC 28162 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 5. The Cannabis Control Act is amended by changing | 5 |
| Section 10 as follows:
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| (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
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| Sec. 10. (a)
Whenever any person who has not previously | 8 |
| been convicted of, or placed
on probation or court supervision | 9 |
| for, any offense under this Act or any
law of the United States | 10 |
| or of any State relating to a felony cannabis violation , or | 11 |
| controlled
substances as defined in the Illinois Controlled | 12 |
| Substances Act, pleads
guilty to or is found guilty of | 13 |
| violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of | 14 |
| this Act, the court may, without entering a
judgment and with | 15 |
| the consent of such person, sentence him to probation.
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| (b) When a person is placed on probation, the court shall | 17 |
| enter an order
specifying a period of probation of 24 months, | 18 |
| and shall defer further
proceedings in
the case until the | 19 |
| conclusion of the period or until the filing of a petition
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| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 22 |
| (1) not violate
any criminal statute of any jurisdiction; (2) | 23 |
| refrain from possession of a
firearm
or other dangerous weapon; |
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| (3) submit to periodic drug testing at a time and in
a manner | 2 |
| as ordered by the court, but no less than 3 times during the | 3 |
| period of
the probation, with the cost of the testing to be | 4 |
| paid by the probationer; and
(4) perform no less than 30 hours | 5 |
| of community service, provided community
service is available | 6 |
| in the jurisdiction and is funded and approved by the
county | 7 |
| board.
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| (d) The court may, in addition to other conditions, require
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| that the person:
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| (1) make a report to and appear in person before or | 11 |
| participate with the
court or such courts, person, or | 12 |
| social service agency as directed by the
court in the order | 13 |
| of probation;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational | 16 |
| training;
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| (4) undergo medical or psychiatric treatment; or | 18 |
| treatment for drug
addiction or alcoholism;
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| (5) attend or reside in a facility established for the | 20 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (7) refrain from possessing a firearm or other | 23 |
| dangerous weapon;
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| (7-5) refrain from having in his or her body the | 25 |
| presence of any illicit
drug prohibited by the Cannabis | 26 |
| Control Act, the Illinois Controlled
Substances Act, or the |
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| Methamphetamine Control and Community Protection Act, | 2 |
| unless prescribed by a physician, and submit samples of
his | 3 |
| or her blood or urine or both for tests to determine the | 4 |
| presence of any
illicit drug;
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| (8) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 10 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the
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| court
may enter a judgment on its original finding of guilt and | 13 |
| proceed as otherwise
provided.
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| (f) Upon fulfillment of the terms and
conditions of | 15 |
| probation, the court shall discharge such person and dismiss
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| the proceedings against him.
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| (g) A disposition of probation is considered to be a | 18 |
| conviction
for the purposes of imposing the conditions of | 19 |
| probation and for appeal,
however, discharge and dismissal | 20 |
| under this Section is not a conviction for
purposes of | 21 |
| disqualification or disabilities imposed by law upon | 22 |
| conviction of
a crime (including the additional penalty imposed | 23 |
| for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 24 |
| of this Act).
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| (h) Discharge and dismissal under this Section,
Section 410 | 26 |
| of the Illinois Controlled Substances Act, or Section 70 of the |
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LRB096 13433 RLC 28162 b |
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| Methamphetamine Control and Community Protection Act may occur | 2 |
| only once
with respect to any person.
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| (i) If a person is convicted of an offense under this Act, | 4 |
| the Illinois
Controlled Substances Act, or the Methamphetamine | 5 |
| Control and Community Protection Act within 5 years
subsequent | 6 |
| to a discharge and dismissal under this Section, the discharge | 7 |
| and
dismissal under this Section shall be admissible in the | 8 |
| sentencing proceeding
for that conviction
as a factor in | 9 |
| aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 10. The Illinois Controlled Substances Act is | 12 |
| amended by changing Section 410 as follows:
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| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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| Sec. 410. (a) Whenever any person who has not previously | 15 |
| been convicted
of, or placed on probation or court supervision | 16 |
| for any offense under this
Act or any law of the United States | 17 |
| or of any State relating to cannabis
or controlled substances | 18 |
| or a felony cannabis violation , pleads guilty to or is found | 19 |
| guilty of possession
of a controlled or counterfeit substance | 20 |
| under subsection (c) of Section
402 or of unauthorized | 21 |
| possession of prescription form under Section 406.2, the court, | 22 |
| without entering a judgment and with the consent of such
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| person, may sentence him to probation.
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| (b) When a person is placed on probation, the court shall |
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| 1 |
| enter an order
specifying a period of probation of 24 months | 2 |
| and shall defer further
proceedings in the case until the | 3 |
| conclusion of the period or until the
filing of a petition | 4 |
| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 6 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 7 |
| refrain from
possessing a firearm or other dangerous weapon; | 8 |
| (3) submit to periodic drug
testing at a time and in a manner | 9 |
| as ordered by the court, but no less than 3
times during the | 10 |
| period of the probation, with the cost of the testing to be
| 11 |
| paid by the probationer; and (4) perform no less than 30 hours | 12 |
| of community
service, provided community service is available | 13 |
| in the jurisdiction and is
funded
and approved by the county | 14 |
| board.
| 15 |
| (d) The court may, in addition to other conditions, require | 16 |
| that the person:
| 17 |
| (1) make a report to and appear in person before or | 18 |
| participate with the
court or such courts, person, or | 19 |
| social service agency as directed by the
court in the order | 20 |
| of probation;
| 21 |
| (2) pay a fine and costs;
| 22 |
| (3) work or pursue a course of study or vocational
| 23 |
| training;
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| (4) undergo medical or psychiatric treatment; or | 25 |
| treatment or
rehabilitation approved by the Illinois | 26 |
| Department of Human Services;
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| (5) attend or reside in a facility established for the | 2 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (6-5) refrain from having in his or her body the | 5 |
| presence of any illicit
drug prohibited by the Cannabis | 6 |
| Control Act, the Illinois Controlled
Substances Act, or the | 7 |
| Methamphetamine Control and Community Protection Act, | 8 |
| unless prescribed by a physician, and submit samples of
his | 9 |
| or her blood or urine or both for tests to determine the | 10 |
| presence of any
illicit drug;
| 11 |
| (7) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
| 13 |
| (ii) attend school;
| 14 |
| (iii) attend a non-residential program for youth;
| 15 |
| (iv) contribute to his own support at home or in a | 16 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the | 18 |
| court
may enter a judgment on its original finding of guilt and | 19 |
| proceed as
otherwise provided.
| 20 |
| (f) Upon fulfillment of the terms and conditions of | 21 |
| probation, the court
shall discharge the person and dismiss the | 22 |
| proceedings against him.
| 23 |
| (g) A disposition of probation is considered to be a | 24 |
| conviction
for the purposes of imposing the conditions of | 25 |
| probation and for appeal,
however, discharge and dismissal | 26 |
| under this Section is not a conviction for
purposes of this Act |
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| or for purposes of disqualifications or disabilities
imposed by | 2 |
| law upon conviction of a crime.
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| (h) There may be only one discharge and dismissal under | 4 |
| this Section,
Section 10 of the Cannabis Control Act, or | 5 |
| Section 70 of the Methamphetamine Control and Community | 6 |
| Protection Act with respect to any person.
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| (i) If a person is convicted of an offense under this Act, | 8 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 9 |
| Community Protection Act within 5 years
subsequent to a | 10 |
| discharge and dismissal under this Section, the discharge and
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| dismissal under this Section shall be admissible in the | 12 |
| sentencing proceeding
for that conviction
as evidence in | 13 |
| aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
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| Section 15. The Methamphetamine Control and Community | 16 |
| Protection Act is amended by changing Section 70 as follows: | 17 |
| (720 ILCS 646/70)
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| Sec. 70. Probation. | 19 |
| (a) Whenever any person who has not previously been | 20 |
| convicted of, or placed on probation or court supervision for | 21 |
| any offense under this Act, the Illinois Controlled Substances | 22 |
| Act, a felony violation of the Cannabis Control Act, or any law | 23 |
| of the United States or of any state relating to cannabis or | 24 |
| controlled substances or a felony cannabis violation , pleads |
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HB4598 |
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LRB096 13433 RLC 28162 b |
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| guilty to or is found guilty of possession of less than 15 | 2 |
| grams of methamphetamine under paragraph (1) or (2) of | 3 |
| subsection (b) of Section 60 of this Act, the court, without | 4 |
| entering a judgment and with the consent of the person, may | 5 |
| sentence him or her to probation.
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| (b) When a person is placed on probation, the court shall | 7 |
| enter an order specifying a period of probation of 24 months | 8 |
| and shall defer further proceedings in the case until the | 9 |
| conclusion of the period or until the filing of a petition | 10 |
| alleging violation of a term or condition of probation.
| 11 |
| (c) The conditions of probation shall be that the person: | 12 |
| (1) not violate any criminal statute of any | 13 |
| jurisdiction; | 14 |
| (2) refrain from possessing a firearm or other | 15 |
| dangerous weapon; | 16 |
| (3) submit to periodic drug testing at a time and in a | 17 |
| manner as ordered by the court, but no less than 3 times | 18 |
| during the period of the probation, with the cost of the | 19 |
| testing to be paid by the probationer; and | 20 |
| (4) perform no less than 30 hours of community service, | 21 |
| if community service is available in the jurisdiction and | 22 |
| is funded and approved by the county board.
| 23 |
| (d) The court may, in addition to other conditions, require | 24 |
| that the person take one or more of the following actions:
| 25 |
| (1) make a report to and appear in person before or | 26 |
| participate with the court or such courts, person, or |
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HB4598 |
- 9 - |
LRB096 13433 RLC 28162 b |
|
| 1 |
| social service agency as directed by the court in the order | 2 |
| of probation;
| 3 |
| (2) pay a fine and costs;
| 4 |
| (3) work or pursue a course of study or vocational | 5 |
| training;
| 6 |
| (4) undergo medical or psychiatric treatment; or | 7 |
| treatment or rehabilitation approved by the Illinois | 8 |
| Department of Human Services;
| 9 |
| (5) attend or reside in a facility established for the | 10 |
| instruction or residence of defendants on probation;
| 11 |
| (6) support his or her dependents;
| 12 |
| (7) refrain from having in his or her body the presence | 13 |
| of any illicit drug prohibited by this Act, the Cannabis | 14 |
| Control Act, or the Illinois Controlled Substances Act, | 15 |
| unless prescribed by a physician, and submit samples of his | 16 |
| or her blood or urine or both for tests to determine the | 17 |
| presence of any illicit drug; or
| 18 |
| (8) if a minor:
| 19 |
| (i) reside with his or her parents or in a foster | 20 |
| home;
| 21 |
| (ii) attend school;
| 22 |
| (iii) attend a non-residential program for youth; | 23 |
| or
| 24 |
| (iv) contribute to his or her own support at home | 25 |
| or in a foster home.
| 26 |
| (e) Upon violation of a term or condition of probation, the |
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HB4598 |
- 10 - |
LRB096 13433 RLC 28162 b |
|
| 1 |
| court may enter a judgment on its original finding of guilt and | 2 |
| proceed as otherwise provided.
| 3 |
| (f) Upon fulfillment of the terms and conditions of | 4 |
| probation, the court shall discharge the person and dismiss the | 5 |
| proceedings against the person.
| 6 |
| (g) A disposition of probation is considered to be a | 7 |
| conviction for the purposes of imposing the conditions of | 8 |
| probation and for appeal, however, discharge and dismissal | 9 |
| under this Section is not a conviction for purposes of this Act | 10 |
| or for purposes of disqualifications or disabilities imposed by | 11 |
| law upon conviction of a crime.
| 12 |
| (h) There may be only one discharge and dismissal under | 13 |
| this Section, Section 410 of the Illinois Controlled Substances | 14 |
| Act, or Section 10 of the Cannabis Control Act with respect to | 15 |
| any person.
| 16 |
| (i) If a person is convicted of an offense under this Act, | 17 |
| the Cannabis Control Act, or the Illinois Controlled Substances | 18 |
| Act within 5 years subsequent to a discharge and dismissal | 19 |
| under this Section, the discharge and dismissal under this | 20 |
| Section are admissible in the sentencing proceeding for that | 21 |
| conviction as evidence in aggravation.
| 22 |
| (Source: P.A. 94-556, eff. 9-11-05.)
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