Bill Text: IL HB1022 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that treatment under the supervision of a licensed program designated by the Department of Human Services is not available to a person charged or convicted of stalking under a specified provision of the Criminal Code of 2012.

Spectrum: Moderate Partisan Bill (Democrat 16-5)

Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1152 [HB1022 Detail]

Download: Illinois-2013-HB1022-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as follows:
(20 ILCS 301/40-5)
Sec. 40-5. Election of treatment. An addict or alcoholic
who is charged with or convicted of a crime or any other person
charged with or convicted of a misdemeanor violation of the Use
of Intoxicating Compounds Act and who has not been previously
convicted of a violation of that Act may elect treatment under
the supervision of a licensed program designated by the
Department, referred to in this Article as "designated
program", unless:
(1) the crime is a crime of violence;
(2) the crime is a violation of Section 401(a), 401(b),
401(c) where the person electing treatment has been
previously convicted of a non-probationable felony or the
violation is non-probationable, 401(d) where the violation
is non-probationable, 401.1, 402(a), 405 or 407 of the
Illinois Controlled Substances Act, or Section 12-7.3 of
the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis

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Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
and Community Protection Act or is otherwise ineligible for
probation under Section 70 of the Methamphetamine Control
and Community Protection Act;
(3) the person has a record of 2 or more convictions of
a crime of violence;
(4) other criminal proceedings alleging commission of
a felony are pending against the person;
(5) the person is on probation or parole and the
appropriate parole or probation authority does not consent
to that election;
(6) the person elected and was admitted to a designated
program on 2 prior occasions within any consecutive 2-year
period;
(7) the person has been convicted of residential
burglary and has a record of one or more felony
convictions;
(8) the crime is a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(9) the crime is a reckless homicide or a reckless
homicide of an unborn child, as defined in Section 9-3 or
9-3.2 of the Criminal Code of 1961, in which the cause of
death consists of the driving of a motor vehicle by a
person under the influence of alcohol or any other drug or

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drugs at the time of the violation.
(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13.)