95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1403


 
Introduced 2/21/2007, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 646/15










    Amends the Methamphetamine Control and Community Protection Act.  Provides that if a person engages in participation in methamphetamine manufacturing and the methamphetamine manufacturing occurs within 1,000 feet of a place of worship, parsonage, or former church facility, the person  commits  aggravated participation in methamphetamine manufacturing. 
















LRB095 08409 RLC 28583 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1403

LRB095 08409 RLC 28583 b






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

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    Sec. 15. Participation in methamphetamine manufacturing.  
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    (a) Participation in methamphetamine manufacturing.
        
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        (1) It is unlawful to knowingly participate in the 
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    manufacture of methamphetamine with the intent that 
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    methamphetamine or a substance containing methamphetamine 
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    be produced.
        
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        (2) A person who violates paragraph (1) of this 
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    subsection (a) is subject to the following penalties:
            
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            (A) A person who participates in the manufacture of 
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        less than 15 grams of methamphetamine or a substance 
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        containing methamphetamine is guilty of a Class 1 
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        felony.
            
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            (B) A person who participates in the manufacture of 
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        15 or more grams but less than 100 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 6 years and 
 


 






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        not more than 30 years, and subject to a fine not to 
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        exceed $100,000 or the street value of the 
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        methamphetamine manufactured, whichever is greater.
            
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            (C) A person who participates in the manufacture of 
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        100 or more grams but less than 400 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 9 years and 
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        not more than 40 years, and subject to a fine not to 
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        exceed $200,000 or the street value of the 
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        methamphetamine manufactured, whichever is greater.
            
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            (D) A person who participates in the manufacture of 
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        400 or more grams but less than 900 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 12 years and 
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        not more than 50 years, and subject to a fine not to 
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        exceed $300,000 or the street value of the 
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        methamphetamine manufactured, whichever is greater.
            
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            (E) A person who participates in the manufacture of 
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        900 grams or more of methamphetamine or a substance 
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        containing methamphetamine is guilty of a Class X 
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        felony, subject to a term of imprisonment of not less 
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        than 15 years and not more than 60 years, and subject 
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        to a fine not to exceed $400,000 or the street value of 
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        the methamphetamine, whichever is greater.
    
 


 






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LRB095 08409 RLC 28583 b




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    (b) Aggravated participation in methamphetamine 
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manufacturing.
        
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        (1) It is unlawful to engage in aggravated 
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    participation in the manufacture of methamphetamine. A 
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    person engages in aggravated participation in the 
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    manufacture of methamphetamine when the person violates 
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    paragraph (1) of subsection (a) and:
            
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            (A) the person knowingly does so in a multi-unit 
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        dwelling;
            
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            (B) the person knowingly does so in a structure or 
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        vehicle where a child under the age of 18, a person 
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        with a disability, or a person 60 years of age or older 
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        who is incapable of adequately providing for his or her 
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        own health and personal care  resides, is present, or is 
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        endangered by the manufacture of methamphetamine;
            
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            (C) the person does so in a structure or vehicle 
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        where a woman the person knows to be pregnant 
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        (including but not limited to the person herself) 
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        resides, is present, or is endangered by the 
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        methamphetamine manufacture;
            
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            (D) the person knowingly does so in a structure or 
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        vehicle protected by one or more firearms, explosive 
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        devices, booby traps, alarm systems, surveillance 
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        systems, guard dogs, or dangerous animals;
            
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            (E) the methamphetamine manufacturing in which the 
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        person participates is a contributing cause of the 
 


 






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LRB095 08409 RLC 28583 b




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        death, serious bodily injury, disability, or 
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        disfigurement of another person, including but not 
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        limited to an emergency service provider;
            
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            (F) the methamphetamine manufacturing in which the 
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        person participates is a contributing cause of a fire 
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        or explosion that damages property belonging to 
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        another person; or

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

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

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


 






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LRB095 08409 RLC 28583 b




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


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