Public Act 098-0208
 
HB1311 EnrolledLRB098 05581 RLC 35619 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 Precursor Tracking Act is 
amended  by changing Section 10 as follows:
 
    (720 ILCS 649/10)

    Sec. 10. Definitions.  In this Act:
    "Administer" or "administration" has the meaning provided 
in Section 102 of the Illinois Controlled Substances Act.
    
    "Agent" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Authorized representative" means an employee or agent of a 
qualified outside entity who has been authorized in writing by 
his or her agency or office to receive confidential information 
from the central repository.
    "Central Repository" means the entity chosen by the 
Illinois State Police to handle electronic transaction records 
as described in this Act.
    "Convenience package" means any package that contains 360 
milligrams or less of ephedrine or pseudoephedrine, their salts 
or optical isomers, or salts of optical isomers in liquid or 
liquid filled capsule form.
    "Covered pharmacy" means any pharmacy that distributes any 
amount of targeted methamphetamine precursor that is 
physically located in Illinois.
    
    "Deliver" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Dispense" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Distribute" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Electronic transaction record" means, with respect to the 
distribution of a targeted methamphetamine precursor by a 
pharmacy to a recipient under Section 25 of  the Methamphetamine 
Precursor Control Act, an electronic record that includes: the 
name and address of the recipient; date and time of the 
transaction; brand and product name and total quantity 
distributed of ephedrine or pseudoephedrine, their salts, or 
optical isomers, or salts of optical isomers; identification 
type and identification number of the identification presented 
by the recipient; and the name and address of the pharmacy.
    
    "Identification information" means identification type and 
identification number.
    
    "Identification number" means the number that appears on 
the identification furnished by the recipient of a targeted 
methamphetamine precursor.
    
    "Identification type" means the type of identification 
furnished by the recipient of a targeted methamphetamine 
precursor such as, by way of example only, an Illinois driver's 
license or United States passport.
    
    "List I chemical" has the meaning provided in 21 U.S.C. 
802.
    
    "Methamphetamine precursor" has the meaning provided in 
Section 10 of the Methamphetamine Control and Community 
Protection Act.
    
    "Package" means an item packaged and marked for retail sale 
that is not designed to be further broken down or subdivided 
for the purpose of retail sale.
    
    "Pharmacist" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Pharmacy" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Practitioner" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.

    "Prescriber" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    
    "Prescription" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.
    
    "Qualified outside entity" means:
        (1) a law enforcement agency or prosecutor's office 
    with authority to identify, investigate, or prosecute 
    violations of this Act or any other State or federal law or 
    rule involving a methamphetamine precursor, 
    methamphetamine, or any other controlled substance;
        (2) any probation and court services department 
    authorized by the Probation and Probation Officers Act;
        (3)       the Department of Corrections;
        (4) the Department of Juvenile Justice;
        (5)  the U.S. Probation and Pretrial Services System; or
        (6) the U.S. Parole Commission.
    
    "Readily retrievable" has the meaning provided in 21 C.F.R. 
part 1300.
    
    "Recipient" means a person purchasing, receiving, or 
otherwise acquiring a targeted methamphetamine precursor from 
a pharmacy in Illinois, as described in Section 25 of the  
Methamphetamine Precursor Control Act. 
    "Retail distributor" means a grocery store, general 
merchandise store, drug store, other merchandise store, or 
other entity or person whose activities as a distributor 
relating to drug products containing targeted methamphetamine 
precursor are limited exclusively or almost exclusively to 
sales for personal use by an ultimate user, both in number of 
sales and volume of sales, either directly to walk-in customers 
or in face-to-face transactions by direct sales.
    
    "Sales employee" means any employee or agent, other than a 
pharmacist or pharmacy technician who at any time (1) operates 
a cash register at which convenience packages may be sold, (2) 
stocks shelves containing convenience packages, or (3) trains 
or supervises any other employee or agent who engages in any of 
the preceding activities.
    
    "Single retail transaction" means a sale by a retail 
distributor to a recipient at a specific time.
    
    "Targeted methamphetamine precursor" means any compound, 
mixture, or preparation that contains any detectable quantity 
of ephedrine or pseudoephedrine, their salts or optical 
isomers, or salts of optical isomers.
    
    "Targeted package" means a package, including a 
convenience package, containing any amount of targeted 
methamphetamine precursor.
    
    "Ultimate user" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.



(Source: P.A. 97-670, eff. 1-19-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.