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| Public Act 095-0487 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is | ||||
amended by changing Sections 406 and 410 and by adding Section | ||||
406.2 as follows:
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(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
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Sec. 406. (a) It is unlawful for any person:
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(1) who is subject to Article III knowingly to | ||||
distribute or dispense
a controlled substance in violation | ||||
of Sections 308 through 314 of this Act; or
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(2) who is a registrant, to manufacture a controlled | ||||
substance not
authorized by his registration, or to | ||||
distribute or dispense a controlled
substance not | ||||
authorized by his registration to another registrant or | ||||
other
authorized person; or
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(3) to refuse or fail to make, keep or furnish any | ||||
record, notification,
order form, statement, invoice or | ||||
information required under this Act; or
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(4) to refuse an entry into any premises for any | ||||
inspection authorized by
this Act; or
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(5) knowingly to keep or maintain any store, shop, | ||||
warehouse, dwelling,
building, vehicle, boat, aircraft, or | ||||
other structure or place, which is
resorted to by a person | ||
unlawfully possessing controlled substances, or
which is | ||
used for possessing, manufacturing, dispensing or | ||
distributing
controlled substances in violation of this | ||
Act.
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Any person who violates this subsection (a) is guilty of a | ||
Class A
misdemeanor for the first offense and a Class 4 felony | ||
for each subsequent
offense. The fine for each subsequent | ||
offense shall not be more than
$100,000. In addition, any | ||
practitioner who is found guilty of violating
this subsection | ||
(a) is subject to suspension and revocation of his
professional | ||
license, in accordance with such procedures as are provided by
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law for the taking of disciplinary action with regard to the | ||
license of
said practitioner's profession.
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(b) It is unlawful for any person knowingly:
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(1) to distribute, as a registrant, a controlled | ||
substance classified
in Schedule I or II, except pursuant | ||
to an order form as required by Section
307 of this Act; or
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(2) to use, in the course of the manufacture or | ||
distribution of a
controlled
substance, a registration | ||
number which is fictitious, revoked, suspended,
or issued | ||
to another person; or
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(3) to acquire or obtain possession of a controlled | ||
substance by
misrepresentation, fraud, forgery, deception | ||
or subterfuge; or
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(4) to furnish false or fraudulent material | ||
information in, or omit any
material information from, any | ||
application, report or other document required
to be kept | ||
or filed under this Act, or any record required to be kept | ||
by
this Act; or
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(5) to make, distribute or possess any punch, die, | ||
plate, stone or other
thing designed to print, imprint or | ||
reproduce the trademark, trade name
or other identifying | ||
mark, imprint or device of another, or any likeness
of any | ||
of the foregoing, upon any controlled substance or | ||
container or labeling
thereof so as to render the drug a | ||
counterfeit substance; or
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(6) (blank)
to possess without authorization, blank | ||
prescription forms
or counterfeit prescription forms; or
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(7) (Blank).
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Any person who violates this subsection (b) is guilty of a | ||
Class 4 felony
for the first offense and a Class 3 felony for | ||
each subsequent offense.
The fine for the first offense shall | ||
be not more than $100,000. The fine
for each subsequent offense | ||
shall not be more than $200,000.
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(c) A person who knowingly or intentionally violates | ||
Section 316, 317, 318,
or 319 is guilty of a Class A | ||
misdemeanor.
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(Source: P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/406.2 new) | ||
Sec. 406.2. Unauthorized possession of prescription form. | ||
(a) A person commits the offense of unauthorized possession | ||
of prescription form when he or she knowingly:
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(1) alters a properly issued prescription form; | ||
(2) possesses without authorization a blank | ||
prescription form or counterfeit prescription form; or | ||
(3) possesses a prescription form not issued by a | ||
licensed prescriber. | ||
(b) Knowledge shall be determined by an evaluation of all | ||
circumstances surrounding possession of a blank prescription | ||
or possession of a prescription altered or not issued by a | ||
licensed prescriber. | ||
(c) Sentence. Any person who violates subsection (a) is | ||
guilty of a Class 4 felony for the first offense and a Class 3 | ||
felony for each subsequent offense. The fine for the first | ||
offense shall be not more than $100,000. The fine for each | ||
subsequent offense shall not be more than $200,000. | ||
(d) For the purposes of this Section, "licensed prescriber" | ||
means a prescriber as defined in this Act or an optometrist | ||
licensed under the Illinois Optometric Practice Act of 1987.
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(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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Sec. 410. (a) Whenever any person who has not previously | ||
been convicted
of, or placed on probation or court supervision | ||
for any offense under this
Act or any law of the United States | ||
or of any State relating to cannabis
or controlled substances, | ||
pleads guilty to or is found guilty of possession
of a | ||
controlled or counterfeit substance under subsection (c) of | ||
Section
402 or of unauthorized possession of prescription form | ||
under Section 406.2, the court, without entering a judgment and | ||
with the consent of such
person, may sentence him to probation.
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(b) When a person is placed on probation, the court shall | ||
enter an order
specifying a period of probation of 24 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 probation.
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(c) The conditions of probation 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
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paid by the probationer; 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.
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(d) The court may, in addition to other conditions, require | ||
that the person:
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(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order | ||
of probation;
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(2) pay a fine and costs;
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(3) work or pursue a course of study or vocational
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training;
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(4) undergo medical or psychiatric treatment; or | ||
treatment or
rehabilitation approved by the Illinois | ||
Department of Human Services;
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(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
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(6) support his dependents;
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(6-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
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(7) and in addition, if a minor:
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(i) reside with his parents or in a foster home;
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(ii) attend school;
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(iii) attend a non-residential program for youth;
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(iv) contribute to his own support at home or in a | ||
foster home.
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(e) Upon violation of a term or condition of probation, the | ||
court
may enter a judgment on its original finding of guilt and | ||
proceed as
otherwise provided.
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(f) Upon fulfillment of the terms and conditions of | ||
probation, the court
shall discharge the person and dismiss the | ||
proceedings against him.
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(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of this Act | ||
or for purposes of disqualifications or disabilities
imposed by | ||
law upon conviction of a crime.
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(h) There may be only one discharge and dismissal under | ||
this Section,
Section 10 of the Cannabis Control Act, or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act with respect to any person.
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(i) If a person is convicted of an offense under this Act, | ||
the Cannabis
Control Act, or the Methamphetamine Control and | ||
Community Protection Act within 5 years
subsequent to a | ||
discharge and dismissal under this Section, the discharge and
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dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as evidence in | ||
aggravation.
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(Source: P.A. 94-556, eff. 9-11-05.)
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