100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3667

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 690/1  from Ch. 38, par. 81-1
720 ILCS 690/2  from Ch. 38, par. 81-2
720 ILCS 690/4  from Ch. 38, par. 81-4

    Amends the Use of Intoxicating Compounds Act. Provides that no person shall possess any substance not listed in the Act for the purpose of inducing in the user an intoxicated condition, other than: (1) distilled spirits, wine, malt beverages, or tobacco; (2) any product or substance regulated by the federal Food and Drug Administration; or (3) any controlled substance listed in the Illinois Controlled Substances Act. Provides that no person shall knowingly sell or offer for sale, deliver, or give to any person any substance not listed in the Act which will induce an intoxicated condition, when the seller, offeror, or deliverer knows or has reason to know that the compound is intended for use to induce that condition. Establishes penalties based on the amount of the prohibited substance.


LRB100 08855 RLC 18998 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3667LRB100 08855 RLC 18998 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Use of Intoxicating Compounds Act is amended
5by changing Sections 1, 2, and 4 as follows:
 
6    (720 ILCS 690/1)  (from Ch. 38, par. 81-1)
7    Sec. 1. Use or possession prohibited.
8    (a) No person shall ingest, breathe, inhale or drink any
9compound, liquid, or chemical containing toluol, hexane,
10trichloroethylene, acetone, toluene, ethyl acetate, methyl
11ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
12ketone, methyl cellosolve acetate, cyclohexanone, the
13alkaloids atropine, hyoscyamine, or scopolamine, or any other
14substance for the purpose of inducing a condition of
15intoxication, physical impairment or incapacity, stupefaction,
16depression, giddiness, paralysis or irrational behavior, or
17distortion or disturbance of in any manner changing, distorting
18or disturbing the auditory, visual or mental processes. For the
19purposes of this Act, any such condition so induced shall be
20deemed to be an intoxicated condition.
21    (b) No person shall possess any other substance for the
22purpose of inducing in the user an intoxicated condition. This
23provision shall not apply to:

 

 

HB3667- 2 -LRB100 08855 RLC 18998 b

1        (1) distilled spirits, wine, malt beverages, or
2    tobacco, as those terms are defined or used in the Liquor
3    Control Act of 1934 and the Tobacco Products Tax Act of
4    1995;
5        (2) any product or substance regulated by the federal
6    Food and Drug Administration; or
7        (3) any controlled substance listed in the Illinois
8    Controlled Substances Act.
9(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
 
10    (720 ILCS 690/2)  (from Ch. 38, par. 81-2)
11    Sec. 2. Sale or delivery prohibited.
12    (a) No person shall knowingly sell or offer for sale,
13deliver or give to any person under 17 years of age, unless
14upon written order of such person's parent or guardian, any
15compound, liquid, or chemical containing toluol, hexane,
16trichloroethylene, acetone, toluene, ethyl acetate, methyl
17ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
18ketone, methyl cellosolve acetate, cyclohexanone, or any other
19substance which will induce an intoxicated condition, as
20defined herein, when the seller, offeror, or deliverer knows or
21has reason to know that the compound is intended for use to
22induce an intoxicated such condition.
23    (b) No person shall knowingly sell or offer for sale,
24deliver, or give to any person any compound, liquid, or
25chemical containing alkaloids atropine, hyoscyamine, or

 

 

HB3667- 3 -LRB100 08855 RLC 18998 b

1scopolamine when the seller, offeror, or deliverer knows or has
2reason to know that the compound, liquid, or chemical is
3intended for use to induce an intoxicated condition.
4    (c) No person shall knowingly sell or offer for sale,
5deliver, or give to any person any other substance which will
6induce an intoxicated condition, as defined herein, when the
7seller, offeror, or deliverer knows or has reason to know that
8the compound is intended for use to induce that condition.
9(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
 
10    (720 ILCS 690/4)  (from Ch. 38, par. 81-4)
11    Sec. 4. Sentence.
12    (a) Except as otherwise provided in subsection (b), (c), or
13(d), violation of this Act is a Class C misdemeanor for a first
14offense and a Class A misdemeanor for a second or subsequent
15offense.
16    (b) (1) The knowing ingestion of any compound, liquid, or
17chemical containing the alkaloids atropine, hyoscyamine, or
18scopolamine is a Class A misdemeanor.
19    (2) The sale, offer for sale, delivery, or giving to any
20person of a compound, liquid, or chemical containing the
21alkaloids atropine, hyoscyamine, or scopolamine is a Class 4
22felony.
23    (3) This subsection (b) does not prohibit the sale, offer
24for sale, delivery, giving, or ingestion of a compound, liquid,
25or chemical containing the alkaloids atropine, hyoscyamine, or

 

 

HB3667- 4 -LRB100 08855 RLC 18998 b

1scopolamine under the direction or prescription of a
2practitioner authorized to so direct or prescribe as provided
3in Section 3.
4    (c) Any person who violates subsection (b) of Section 1 of
5this Act with respect to:
6        (1) not more than 2.5 grams of a prohibited substance
7    is guilty of a Class C misdemeanor;
8        (2) more than 2.5 grams but not more than 10 grams of a
9    prohibited substance is guilty of a Class B misdemeanor;
10        (3) more than 10 grams but not more than 30 grams of a
11    prohibited substance is guilty of a Class A misdemeanor for
12    a first offense and a Class 4 felony for a subsequent
13    offense;
14        (4) more than 30 grams but not more than 500 grams of a
15    prohibited substance is guilty of a Class 4 felony for a
16    first offense and a Class 3 felony for a subsequent
17    offense;
18        (5) more than 500 grams but not more than 2,000 grams
19    of a prohibited substance is guilty of a Class 3 felony;
20        (6) more than 2,000 grams but not more than 5,000 grams
21    of a prohibited substance is guilty of a Class 2 felony;
22        (7) more than 5,000 grams of a prohibited substance is
23    guilty of a Class 1 felony.
24    (d) Any person who violates subsection (c) of Section 2 of
25this Act with respect to:
26        (1) not more than 2.5 grams of a prohibited substance

 

 

HB3667- 5 -LRB100 08855 RLC 18998 b

1    is guilty of a Class B misdemeanor;
2        (2) more than 2.5 grams but not more than 10 grams of a
3    prohibited substance is guilty of a Class A misdemeanor;
4        (3) more than 10 grams but not more than 30 grams of a
5    prohibited substance is guilty of a Class 4 felony;
6        (4) more than 30 grams but not more than 500 grams of a
7    prohibited substance is guilty of a Class 3 felony for
8    which a fine not to exceed $50,000 may be imposed;
9        (5) more than 500 grams but not more than 2,000 grams
10    of a prohibited substance is guilty of a Class 2 felony for
11    which a fine not to exceed $100,000 may be imposed;
12        (6) more than 2,000 grams but not more than 5,000 grams
13    of a prohibited substance is guilty of a Class 1 felony for
14    which a fine not to exceed $150,000 may be imposed;
15        (7) more than 5,000 grams of a prohibited substance is
16    guilty of a Class X felony for which a fine not to exceed
17    $200,000 may be imposed.
18(Source: P.A. 96-1440, eff. 1-1-11.)