Public Act 098-0896

HB4236 Enrolled LRB098 17419 KTG 52519 b

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

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 or the Criminal Code of

2012, 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 drugs at the time of the

violation.

(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13;

97-1150, eff. 1-25-13.)