Public Act 095-0571
 		





HB1403 Enrolled
LRB095 08409 RLC 28583 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Methamphetamine Control and Community 
Protection Act is amended  by changing Section 15 as follows:
 
    (720 ILCS 646/15)

    Sec. 15. Participation in methamphetamine manufacturing.  
    (a) Participation in methamphetamine manufacturing.
        
        (1) It is unlawful to knowingly participate in the 
    manufacture of methamphetamine with the intent that 
    methamphetamine or a substance containing methamphetamine 
    be produced.
        
        (2) A person who violates paragraph (1) of this 
    subsection (a) is subject to the following penalties:
            
            (A) A person who participates in the manufacture of 
        less than 15 grams of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class 1 
        felony.
            
            (B) A person who participates in the manufacture of 
        15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 6 years and 
        not more than 30 years, and subject to a fine not to 
        exceed $100,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (C) A person who participates in the manufacture of 
        100 or more grams but less than 400 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 9 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (D) A person who participates in the manufacture of 
        400 or more grams but less than 900 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 12 years and 
        not more than 50 years, and subject to a fine not to 
        exceed $300,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (E) A person who participates in the manufacture of 
        900 grams or more of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 15 years and not more than 60 years, and subject 
        to a fine not to exceed $400,000 or the street value of 
        the methamphetamine, whichever is greater.
    
    (b) Aggravated participation in methamphetamine 
manufacturing.
        
        (1) It is unlawful to engage in aggravated 
    participation in the manufacture of methamphetamine. A 
    person engages in aggravated participation in the 
    manufacture of methamphetamine when the person violates 
    paragraph (1) of subsection (a) and:
            
            (A) the person knowingly does so in a multi-unit 
        dwelling;
            
            (B) the person knowingly does so in a structure or 
        vehicle where a child under the age of 18, a person 
        with a disability, or a person 60 years of age or older 
        who is incapable of adequately providing for his or her 
        own health and personal care  resides, is present, or is 
        endangered by the manufacture of methamphetamine;
            
            (C) the person does so in a structure or vehicle 
        where a woman the person knows to be pregnant 
        (including but not limited to the person herself) 
        resides, is present, or is endangered by the 
        methamphetamine manufacture;
            
            (D) the person knowingly does so in a structure or 
        vehicle protected by one or more firearms, explosive 
        devices, booby traps, alarm systems, surveillance 
        systems, guard dogs, or dangerous animals;
            
            (E) the methamphetamine manufacturing in which the 
        person participates is a contributing cause of the 
        death, serious bodily injury, disability, or 
        disfigurement of another person, including but not 
        limited to an emergency service provider;
            
            (F) the methamphetamine manufacturing in which the 
        person participates is a contributing cause of a fire 
        or explosion that damages property belonging to 
        another person; or

            (G) the person knowingly organizes, directs, or 
        finances the methamphetamine manufacturing or 
        activities carried out in support of the 
        methamphetamine manufacturing; or .

            (H)  the methamphetamine manufacturing occurs 
        within 1,000 feet of a place of worship or parsonage.

        (2) A person who violates paragraph (1) of this 
    subsection (b) is subject to the following penalties:
            
            (A) A person who participates in the manufacture of 
        less than 15 grams of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 6 years and not more than 30 years, and subject to 
        a fine not to exceed $100,000 or the street value of 
        the methamphetamine, whichever is greater.
            
            (B) A person who participates in the manufacture of 
        15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 9 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (C) A person who participates in the manufacture of 
        100 or more grams but less than 400 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 12 years and 
        not more than 50 years, and subject to a fine not to 
        exceed $300,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (D) A person who participates in the manufacture of 
        400 grams or more of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 15 years and not more than 60 years, and subject 
        to a fine not to exceed $400,000 or the street value of 
        the methamphetamine, whichever is greater.


(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)