Bill Text: IL HB4165 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder as defined in the Substance Use Disorder Act. Adds convictions for various offenses, in addition to "crimes of violence", that exclude a defendant from admission into a drug court program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-22 - Referred to Rules Committee [HB4165 Detail]

Download: Illinois-2019-HB4165-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4165 Introduced , by Rep. Lindsay Parkhurst SYNOPSIS AS INTRODUCED:
730 ILCS 166/20
Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder as defined in the Substance Use Disorder Act. Adds convictions for various offenses, in addition to "crimes of violence", that exclude a defendant from admission into a drug court program.
LRB101 16248 RLC 65621 b
A BILL FOR
HB4165 LRB101 16248 RLC 65621 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Court Treatment Act is amended by
changing Section 20 as follows:
(730 ILCS 166/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a drug court program
only upon the agreement of the defendant and with the approval
of the court.
(a-5) Before a defendant is admitted into a drug court
program, the court must make a finding that the crime for which
the defendant is to be admitted into the drug court program had
a nexus to the defendant's substance use disorder as defined in
Section 1-10 of the Substance Use Disorder Act.
(b) A defendant shall be excluded from a drug court program
if any of one of the following apply:
(1) The crime is a crime of violence as set forth in
clause (4) of this subsection (b).
(2) The defendant denies his or her use of or addiction
to drugs.
(3) The defendant does not demonstrate a willingness to
participate in a treatment program.

HB4165 - 2 - LRB101 16248 RLC 65621 b
(4) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time. As used in this Section, "crime of violence" means:
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated arson, arson, aggravated kidnaping, kidnaping,
aggravated battery resulting in great bodily harm or
permanent disability, stalking, aggravated stalking, or
any offense involving the discharge of a firearm.
(5) Within the 10 years, excluding incarceration time,
preceding his or her application for admission into the
drug court program, the defendant has been convicted of:
(A) aggravated domestic battery in violation of
subsection (a-5) of Section 12-3.3 of the Criminal Code
of 2012;
(B) robbery, aggravated robbery, or armed robbery;
(C) aggravated assault if a deadly weapon was used
during the offense;
(D) aggravated unlawful use of a weapon;
(E) aggravated battery if the victim of the offense
is a peace officer: (i) performing his or her official
duties, (ii) battered to prevent the performance of his
or her official duties, or (iii) battered in
retaliation for performing his or her official duties;
(F) non-consensual dissemination of private sexual

HB4165 - 3 - LRB101 16248 RLC 65621 b
images;
(G) violation of an order of protection;
(H) failure to register as a sexual predator or sex
offender or failure to report to a law enforcement
agency as required under the Sex Offender Registration
Act;
(I) failure to register as a violent offender
against youth or failure to report to a law enforcement
agency as required under the Violent Offender Against
Youth Registration Act; or
(J) aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound
or compounds, or any combination thereof.
(c) Notwithstanding subsection (a), the defendant may be
admitted into a drug court program only upon the agreement of
the prosecutor if:
(1) the defendant is charged with a Class 2 or greater
felony violation of:
(A) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis Control
Act;
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
or 65 of the Methamphetamine Control and Community
Protection Act; or
(2) the defendant has previously, on 3 or more

HB4165 - 4 - LRB101 16248 RLC 65621 b
occasions, either completed a drug court program, been
discharged from a drug court program, or been terminated
from a drug court program.
(Source: P.A. 99-480, eff. 9-9-15.)