[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0517
720 ILCS 550/10 from Ch. 56 1/2, par. 710
720 ILCS 570/410 from Ch. 56 1/2, par. 1410
Amends the Cannabis Control Act and the Illinois
Controlled Substances Act. Requires first time violators of
the Acts who are charged with possessing 2.5 grams or less of
a controlled substance or cannabis to be sentenced to
probation and to perform community service that includes
infrastructure improvement and cleaning up recreational
facilities (Present law permits the court with the consent of
the offender to place the first time offender on probation
with a requirement of community service).
LRB9001329RCpk
LRB9001329RCpk
1 AN ACT to require certain first time drug offenders to
2 perform community service, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cannabis Control Act is amended by
6 changing Section 10 as follows:
7 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
8 Sec. 10. (a) Whenever any person who has not previously
9 been convicted of, or placed on probation or court
10 supervision for, any offense under this Act or any law of the
11 United States or of any State relating to cannabis, or
12 controlled substances as defined in the Illinois Controlled
13 Substances Act, pleads guilty to or is found guilty of
14 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
15 or 8 of this Act, the court may, without entering a judgment
16 and with the consent of the such person, sentence the person
17 him to probation.
18 (a-5) Whenever any person who has not previously been
19 convicted of, or placed on probation or court supervision
20 for, any offense under this Act, the Illinois Controlled
21 Substances Act, or any law of the United States or of any
22 state relating to cannabis, or controlled substances as
23 defined in the Illinois Controlled Substances Act, pleads
24 guilty to or is found guilty of violating subsection (a) of
25 Section 4 of this Act, the court shall, without entering a
26 judgment, sentence that person to probation.
27 (b) When a person is placed on probation, the court
28 shall enter an order specifying a period of probation of 24
29 months, and shall defer further proceedings in the case until
30 the conclusion of the period or until the filing of a
31 petition alleging violation of a term or condition of
-2- LRB9001329RCpk
1 probation.
2 (c) The conditions of probation shall be that the
3 person: (1) not violate any criminal statute of any
4 jurisdiction; (2) refrain from possession of a firearm or
5 other dangerous weapon; (3) submit to periodic drug testing
6 at a time and in a manner as ordered by the court, but no
7 less than 3 times during the period of the probation, with
8 the cost of the testing to be paid by the probationer; and
9 (4) perform no less than 30 hours of community service,
10 provided community service is available in the jurisdiction
11 and is funded and approved by the county board. If community
12 service is not available in the jurisdiction, or not funded
13 and approved by the county board the person shall perform
14 community service in another jurisdiction where community
15 service is available and funded by the county board as
16 determined by the court.
17 The community service shall include infrastructure
18 improvement, including the building of roads, streets, access
19 roads, bridges, and sidewalks and cleaning up parks, forest
20 preserves, and other recreational areas.
21 (d) The court may, in addition to other conditions,
22 require that the person:
23 (1) make a report to and appear in person before or
24 participate with the court or such courts, person, or
25 social service agency as directed by the court in the
26 order of probation;
27 (2) pay a fine and costs;
28 (3) work or pursue a course of study or vocational
29 training;
30 (4) undergo medical or psychiatric treatment; or
31 treatment for drug addiction or alcoholism;
32 (5) attend or reside in a facility established for
33 the instruction or residence of defendants on probation;
34 (6) support his dependents;
-3- LRB9001329RCpk
1 (7) refrain from possessing a firearm or other
2 dangerous weapon;
3 (7-5) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act or the Illinois Controlled Substances Act,
6 unless prescribed by a physician, and submit samples of
7 his or her blood or urine or both for tests to determine
8 the presence of any illicit drug;
9 (8) and in addition, if a minor:
10 (i) reside with his parents or in a foster
11 home;
12 (ii) attend school;
13 (iii) attend a non-residential program for
14 youth;
15 (iv) contribute to his own support at home or
16 in a foster home.
17 (e) Upon violation of a term or condition of probation,
18 the court may enter a judgment on its original finding of
19 guilt and proceed as otherwise provided.
20 (f) Upon fulfillment of the terms and conditions of
21 probation, the court shall discharge such person and dismiss
22 the 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
27 disqualification or disabilities imposed by law upon
28 conviction of a crime (including the additional penalty
29 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
30 (c) or 5 (d) of this Act).
31 (h) Discharge and dismissal under this Section or under
32 Section 410 of the Illinois Controlled Substances Act may
33 occur only once with respect to any person.
34 (i) If a person is convicted of an offense under this
-4- LRB9001329RCpk
1 Act or the Illinois Controlled Substances Act within 5 years
2 subsequent to a discharge and dismissal under this Section,
3 the discharge and dismissal under this Section shall be
4 admissible in the sentencing proceeding for that conviction
5 as a factor in aggravation.
6 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
7 Section 10. The Illinois Controlled Substances Act is
8 amended by changing Section 410 as follows:
9 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 410. (a) Whenever any person who has not previously
12 been convicted of, or placed on probation or court
13 supervision for any offense under this Act or any law of the
14 United States or of any State relating to cannabis or
15 controlled substances, pleads guilty to or is found guilty of
16 possession of a controlled or counterfeit substance under
17 subsection (c) of Section 402, the court, without entering a
18 judgment and with the consent of the such person, may
19 sentence the person him to probation.
20 (a-5) Whenever any person who has not previously been
21 convicted of, or placed on probation or court supervision for
22 any offense under this Act, the Cannabis Control Act, or any
23 law of the United States or of any state relating to cannabis
24 or controlled substances, pleads guilty to or is found guilty
25 of possession of 2.5 grams or less of a controlled or
26 counterfeit substance under subsection (c) of Section 402 the
27 court, without entering a judgment, shall sentence that
28 person to probation.
29 (b) When a person is placed on probation, the court
30 shall enter an order specifying a period of probation of 24
31 months and shall defer further proceedings in the case until
32 the conclusion of the period or until the filing of a
-5- LRB9001329RCpk
1 petition alleging violation of a term or condition of
2 probation.
3 (c) The conditions of probation shall be that the
4 person: (1) not violate any criminal statute of any
5 jurisdiction; (2) refrain from possessing a firearm or other
6 dangerous weapon; (3) submit to periodic drug testing at a
7 time and in a manner as ordered by the court, but no less
8 than 3 times during the period of the probation, with the
9 cost of the testing to be paid by the probationer; and (4)
10 perform no less than 30 hours of community service, provided
11 community service is available in the jurisdiction and is
12 funded and approved by the county board. If community service
13 is not available in the jurisdiction, or not funded and
14 approved by the county board the person shall perform
15 community service in another jurisdiction where community
16 service is available and funded by the county board as
17 determined by the court.
18 The community service shall include infrastructure
19 improvement, including the building of roads, streets, access
20 roads, bridges, and sidewalks and cleaning up parks, forest
21 preserves, and other recreational areas.
22 (d) The court may, in addition to other conditions,
23 require that the person:
24 (1) make a report to and appear in person before or
25 participate with the court or such courts, person, or
26 social service agency as directed by the court in the
27 order of probation;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical or psychiatric treatment; or
32 treatment or rehabilitation approved by the Illinois
33 Department of Alcoholism and Substance Abuse;
34 (5) attend or reside in a facility established for
-6- LRB9001329RCpk
1 the instruction or residence of defendants on probation;
2 (6) support his dependents;
3 (6-5) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act or the Illinois Controlled Substances Act,
6 unless prescribed by a physician, and submit samples of
7 his or her blood or urine or both for tests to determine
8 the presence of any illicit drug;
9 (7) and in addition, if a minor:
10 (i) reside with his parents or in a foster
11 home;
12 (ii) attend school;
13 (iii) attend a non-residential program for
14 youth;
15 (iv) contribute to his own support at home or
16 in a foster home.
17 (e) Upon violation of a term or condition of probation,
18 the court may enter a judgment on its original finding of
19 guilt and proceed as otherwise provided.
20 (f) Upon fulfillment of the terms and conditions of
21 probation, the court shall discharge the person and dismiss
22 the 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
27 Act or for purposes of disqualifications or disabilities
28 imposed by law upon conviction of a crime.
29 (h) There may be only one discharge and dismissal under
30 this Section or Section 10 of the Cannabis Control Act with
31 respect to any person.
32 (i) If a person is convicted of an offense under this
33 Act or the Cannabis Control Act within 5 years subsequent to
34 a discharge and dismissal under this Section, the discharge
-7- LRB9001329RCpk
1 and dismissal under this Section shall be admissible in the
2 sentencing proceeding for that conviction as evidence in
3 aggravation.
4 (Source: P.A. 87-754; 88-510; 88-680, eff. 1-1-95.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 410. (a) Whenever any person who has not previously
7 been convicted of, or placed on probation or court
8 supervision for any offense under this Act or any law of the
9 United States or of any State relating to cannabis or
10 controlled substances, pleads guilty to or is found guilty of
11 possession of a controlled or counterfeit substance under
12 subsection (c) of Section 402, the court, without entering a
13 judgment and with the consent of the such person, may
14 sentence the person him to probation.
15 (a-5) Whenever any person who has not previously been
16 convicted of, or placed on probation or court supervision for
17 any offense under this Act, the Cannabis Control Act, or any
18 law of the United States or of any state relating to cannabis
19 or controlled substances, pleads guilty to or is found guilty
20 of possession of 2.5 grams or less of a controlled or
21 counterfeit substance under subsection (c) of Section 402,
22 the court, without entering a judgment, shall sentence that
23 person to probation.
24 (b) When a person is placed on probation, the court
25 shall enter an order specifying a period of probation of 24
26 months and shall defer further proceedings in the case until
27 the conclusion of the period or until the filing of a
28 petition alleging violation of a term or condition of
29 probation.
30 (c) The conditions of probation shall be that the
31 person: (1) not violate any criminal statute of any
32 jurisdiction; (2) refrain from possessing a firearm or other
33 dangerous weapon; (3) submit to periodic drug testing at a
34 time and in a manner as ordered by the court, but no less
-8- LRB9001329RCpk
1 than 3 times during the period of the probation, with the
2 cost of the testing to be paid by the probationer; and (4)
3 perform no less than 30 hours of community service, provided
4 community service is available in the jurisdiction and is
5 funded and approved by the county board. If community service
6 is not available in the jurisdiction, or not funded and
7 approved by the county board the person shall perform
8 community service in another jurisdiction where community
9 service is available and funded by the county board as
10 determined by the court.
11 The community service shall include infrastructure
12 improvement, including the building of roads, streets, access
13 roads, bridges, and sidewalks and cleaning up parks, forest
14 preserves, and other recreational areas.
15 (d) The court may, in addition to other conditions,
16 require 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
20 order of probation;
21 (2) pay a fine and costs;
22 (3) work or pursue a course of study or vocational
23 training;
24 (4) undergo medical or psychiatric treatment; or
25 treatment or rehabilitation approved by the Illinois
26 Department of Human Services;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (6-5) refrain from having in his or her body the
31 presence of any illicit drug prohibited by the Cannabis
32 Control Act or the Illinois Controlled Substances Act,
33 unless prescribed by a physician, and submit samples of
34 his or her blood or urine or both for tests to determine
-9- LRB9001329RCpk
1 the presence of any illicit drug;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home.
10 (e) Upon violation of a term or condition of probation,
11 the court may enter a judgment on its original finding of
12 guilt and proceed as otherwise provided.
13 (f) Upon fulfillment of the terms and conditions of
14 probation, the court shall discharge the person and dismiss
15 the proceedings against him.
16 (g) A disposition of probation is considered to be a
17 conviction for the purposes of imposing the conditions of
18 probation and for appeal, however, discharge and dismissal
19 under this Section is not a conviction for purposes of this
20 Act or for purposes of disqualifications or disabilities
21 imposed by law upon conviction of a crime.
22 (h) There may be only one discharge and dismissal under
23 this Section or Section 10 of the Cannabis Control Act with
24 respect to any person.
25 (i) If a person is convicted of an offense under this
26 Act or the Cannabis Control Act within 5 years subsequent to
27 a discharge and dismissal under this Section, the discharge
28 and dismissal under this Section shall be admissible in the
29 sentencing proceeding for that conviction as evidence in
30 aggravation.
31 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
32 7-1-97.)
33 Section 95. No acceleration or delay. Where this Act
-10- LRB9001329RCpk
1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.