Sen. John G. Mulroe
Filed: 10/22/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1007 




2 AMENDMENT NO. ______. Amend Senate Bill 1007 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Mental Health Court Treatment Act is 
5amended by changing Section 20 as follows:

6 (730 ILCS 168/20)

7 Sec. 20. Eligibility. 
8 (a) A defendant, who is eligible for probation based on the 
9nature of the crime convicted of and in consideration of his or 
10her criminal background, if any, may be admitted into a mental 
11health court program only upon the agreement of the prosecutor 
12and the defendant and with the approval of the court.
13 (b) A defendant shall be excluded from a mental health 
14court program if any one of the following applies:
15  (1) The crime is a crime of violence as set forth in 
16 clause (3) of this subsection (b).
 
 
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1  (2) The defendant does not demonstrate a willingness to 
2 participate in a treatment program.
3  (3) The defendant has been convicted of a crime of 
4 violence within the past 10 years excluding incarceration 
5 time, specifically first degree murder, second degree 
6 murder, predatory criminal sexual assault of a child, 
7 aggravated criminal sexual assault, criminal sexual 
8 assault, armed robbery, aggravated arson, arson, 
9 aggravated kidnapping, kidnapping, stalking, aggravated 
10 stalking, or any offense involving the discharge of a 
11 firearm.
12  (4) (Blank).
13  (5) The crime for which the defendant has been 
14 convicted is non-probationable.
15  (6) The sentence imposed on the defendant, whether the 
16 result of a plea or a finding of guilt, renders the 
17 defendant ineligible for probation.


18 (c) A defendant charged with prostitution under Section 
1911-14 of the Criminal Code of 2012 may be admitted into a 
20mental health court program, which may include specialized 
21service programs specifically designed to address the trauma 
22associated with prostitution and human trafficking, if 
23available in the jurisdiction and provided that the 
24requirements in subsections (a) and (b) are satisfied. Mental 
25health court programs may include specialized service programs 
26specifically designed to address the trauma associated with 
 
 
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1prostitution and human trafficking, and may offer those 
2specialized services to defendants admitted to the mental 
3health court program. Judicial circuits establishing these 
4specialized programs shall partner with prostitution and human 
5trafficking advocates, survivors, and service providers in the 
6development of the programs. 
7(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; 
898-538, eff. 8-23-13; revised 8-28-13.)

9 Section 95. No acceleration or delay. Where this Act makes 
10changes in a statute that is represented in this Act by text 
11that is not yet or no longer in effect (for example, a Section 
12represented by multiple versions), the use of that text does 
13not accelerate or delay the taking effect of (i) the changes 
14made by this Act or (ii) provisions derived from any other 
15Public Act.


16 Section 99. Effective date. This Act takes effect upon 
17becoming law.".