HB0244ham002 100TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/24/2017

10000HB0244ham002 LRB100 00033 RLC 23745 a

AMENDMENT TO HOUSE BILL 244

AMENDMENT NO. ______. Amend House Bill 244, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Cannabis Control Act is amended by changing Section 5.2 as follows:

(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)

Sec. 5.2. Delivery of cannabis on school grounds.

(a) Any person, other than an enrolled student, who violates subsection (e) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, is guilty of a Class 1 felony, the fine for which shall not exceed $200,000;

(b) Any person, other than an enrolled student, who violates subsection (d) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, is guilty of a Class 2 felony, the fine for which shall not exceed $100,000;

(c) Any person, other than an enrolled student, who violates subsection (c) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, is guilty of a Class 3 felony, the fine for which shall not exceed $50,000;

(d) Any person, other than an enrolled student, who violates subsection (b) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, is guilty of a Class 4 felony, the fine for which shall not exceed $25,000;

(e) Any person, other than an enrolled student, who violates subsection (a) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, on any public way within 1,000 feet of the real property comprising any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, is guilty of a Class A misdemeanor.

(f) As used in this Section:

"Charter school" has the meaning ascribed to the term in Section 27A-5 of the School Code.

"Enrolled student" means a student registered at an active and operational public, private, charter, or parochial elementary or secondary school, community college, college, or university.

"School" means an active and operational public, private, charter, or parochial elementary or secondary school, community college, college, or university and includes the grounds of an active and operational school, if the offense is committed when school is in session, children are present, or when school related activity occurs; and "school related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

(Source: P.A. 87-544.)

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