HB 4885

Abstract

Amends the Criminal Code of 1961, the Cannabis Control Act, and the Illinois Controlled Substances Act. Provides that whenever any person who has not previously been convicted of or placed on probation for a Class 4 felony charge of prostitution, possession of cannabis, or possession of a controlled substance or any law of the United States or of any other state relating to such offenses pleads guilty to or is found guilty of such offenses, the court, without entering a judgment and with the consent of such person, may sentence the person to deferred adjudication or probation. Provides that when a person is placed on deferred adjudication for such offenses, the court shall enter an order specifying a period of deferred adjudication of 12 to 18 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the deferred adjudication. Provides that the conditions of deferred adjudication shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the person on deferred adjudication; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. Provides that the court may impose other conditions of deferred adjudication. Provides that upon fulfillment of the terms and conditions of deferred adjudication, the court shall discharge the person and dismiss the proceedings against him or her. Provides that there may be only one discharge and dismissal under these provisions unless the court deems that the person may benefit from this disposition for a second or subsequent violation. Provides that if a person is convicted of such offenses within 5 years subsequent to a discharge and dismissal under these provisions, the discharge and dismissal shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. Provides that the arrest and court records of a person sentenced to probation under these provisions who successfully completes his or her terms of probation shall be expunged and sealed in accordance with the Criminal Identification Act.