Bill Text: IL HB3699 | 2017-2018 | 100th General Assembly | Introduced

Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the election of treatment.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3699 Detail]

Download: Illinois-2017-HB3699-Introduced.html

State of Illinois
2017 and 2018

Introduced , by Rep. Robyn Gabel

20 ILCS 301/40-5

Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the election of treatment.
LRB100 10538 KTG 20754 b


HB3699LRB100 10538 KTG 20754 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 40-5 as follows:
6 (20 ILCS 301/40-5)
7 Sec. 40-5. Election of treatment. An An addict or alcoholic
8who is charged with or convicted of a crime or any other person
9charged with or convicted of a misdemeanor violation of the Use
10of Intoxicating Compounds Act and who has not been previously
11convicted of a violation of that Act may elect treatment under
12the supervision of a licensed program designated by the
13Department, referred to in this Article as "designated
14program", unless:
15 (1) the crime is a crime of violence;
16 (2) the crime is a violation of Section 401(a), 401(b),
17 401(c) where the person electing treatment has been
18 previously convicted of a non-probationable felony or the
19 violation is non-probationable, 401(d) where the violation
20 is non-probationable, 401.1, 402(a), 405 or 407 of the
21 Illinois Controlled Substances Act, or Section 12-7.3 of
22 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
23 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis

HB3699- 2 -LRB100 10538 KTG 20754 b
1 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
2 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
3 and Community Protection Act or is otherwise ineligible for
4 probation under Section 70 of the Methamphetamine Control
5 and Community Protection Act;
6 (3) the person has a record of 2 or more convictions of
7 a crime of violence;
8 (4) other criminal proceedings alleging commission of
9 a felony are pending against the person;
10 (5) the person is on probation or parole and the
11 appropriate parole or probation authority does not consent
12 to that election;
13 (6) the person elected and was admitted to a designated
14 program on 2 prior occasions within any consecutive 2-year
15 period;
16 (7) the person has been convicted of residential
17 burglary and has a record of one or more felony
18 convictions;
19 (8) the crime is a violation of Section 11-501 of the
20 Illinois Vehicle Code or a similar provision of a local
21 ordinance; or
22 (9) the crime is a reckless homicide or a reckless
23 homicide of an unborn child, as defined in Section 9-3 or
24 9-3.2 of the Criminal Code of 1961 or the Criminal Code of
25 2012, in which the cause of death consists of the driving
26 of a motor vehicle by a person under the influence of

HB3699- 3 -LRB100 10538 KTG 20754 b
1 alcohol or any other drug or drugs at the time of the
2 violation.
3 Nothing in this Section shall preclude an individual who is
4charged with or convicted of a crime that is a violation of
5Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
6Community Protection Act, and who is otherwise eligible to make
7the election provided for under this Section, from being
8eligible to make an election for treatment as a condition of
9probation as provided for under this Article.
10(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
1199-78, eff. 7-20-15.)