Public Act 93-0223
SB1793 Enrolled LRB093 10498 RLC 10752 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 407 as follows:
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1)(A) Any person 18 years of age or over
who violates any subsection of Section 401 or subsection (b)
of Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may be
sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise
authorized by the pertinent subsection of Section 401 and
Subsection (b) of Section 404.
(B) Any person 18 years of age or over who violates
subdivision (a)(6.5), subdivision (a)(6.6), subdivision
(c)(6.5), subsection (c-5), subsection (d), or subsection
(d-5) of Section 401 by manufacturing methamphetamine,
preparing to manufacture methamphetamine, or storing
methamphetamine, methamphetamine ingredients, or
methamphetamine waste in any vehicle or real property where a
child under 18 years of age resides, is present, or is
otherwise endangered by exposure to the methamphetamine,
methamphetamine ingredients, methamphetamine waste, or
methamphetamine manufacturing process may be sentenced to
imprisonment for a term up to twice the maximum term and
fined an amount up to twice that amount otherwise authorized
by the pertinent subsection of Section 401 and subsection (b)
of Section 404.
(2) Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 1 felony, the fine for which shall not
exceed $250,000;
(B) subsection (d) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 2 felony, the fine for which shall not
exceed $200,000;
(C) subsection (e) of Section 401 or subsection (b)
of Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike
substance in or on, or within 1,000 feet of, a truck stop
or safety rest area, is guilty of a Class 3 felony, the
fine for which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $75,000;
(3) Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of
paragraph (2) of this subsection (a) may be sentenced to a
term of imprisonment up to 2 times the maximum term and fined
an amount up to 2 times the amount otherwise authorized by
Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its
parking areas) used to provide fuel or service, or both,
to any commercial motor vehicle as defined in Section
18b-101 of the Illinois Vehicle Code.
(b) Any person who violates:
(1) subsection (c) of Section 401 in 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 residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class X felony, the
fine for which shall not exceed $500,000;
(2) subsection (d) of Section 401 in 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 residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 1 felony, the
fine for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b)
of Section 404 in 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
residential property owned, operated or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 in 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 residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $150,000;
(5) subsection (g) of Section 401 in 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 residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $125,000;
(6) subsection (h) of Section 401 in 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 residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $100,000.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a school or on or within 1,000 feet
of school property, the time of day, time of year and whether
classes were currently in session at the time of the offense
is irrelevant.
(Source: P.A. 91-353, eff. 1-1-00; 91-673, eff. 12-22-99;
92-16, eff. 6-28-01.)