95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0705


 
Introduced 2/8/2007, by Sen. A. J. Wilhelmi
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/16G-15.5 new










    Amends the Criminal Code of 1961.  Creates the offense of prescription theft.  Provides that a person commits the offense when he or she knowingly: (1) alters a properly issued prescription; (2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber; or (3) possesses or attempts to fill a prescription not issued by a licensed prescriber.  Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.
















LRB095 04846 RLC 24908 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0705

LRB095 04846 RLC 24908 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by adding 
5
Section 16G-15.5 as follows:
 
6
    (720 ILCS 5/16G-15.5  new)
7
    Sec. 16G-15.5. Prescription theft.
8
    (a) A person commits the offense of prescription theft when 
9
he or she knowingly:

10
        (1) alters a properly issued prescription;
11
        (2)  possesses a blank prescription or prescriptions 
12
    without the written permission of a licensed prescriber; or
13
        (3) possesses or attempts to fill a prescription not 
14
    issued by a licensed prescriber.
15
    (b)  Knowledge shall be determined by an evaluation of all 
16
circumstances surrounding possession of a blank prescription 
17
or possession of or attempted use of a prescription altered or 
18
not issued by a licensed prescriber.
19
    (c) Sentence.  A person convicted of prescription theft in 
20
violation of subsection (a) shall be sentenced as follows:
21
        (1) Prescription theft is a Class 4 felony.
22
        (2)  A person who has been previously convicted of 
23
    prescription theft who is convicted of a second or 
 


 






SB0705
- 2 -
LRB095 04846 RLC 24908 b




1
    subsequent offense is guilty of a Class 3 felony.
2
    (d)  For the purposes of this Section, "licensed prescriber" 
3
means a physician licensed to practice medicine in all its 
4
branches; a licensed podiatrist; a therapeutically certified 
5
optometrist; a licensed dentist; a licensed physician 
6
assistant who has been delegated prescriptive authority by a 
7
supervising physician; or a licensed advanced practice 
8
registered nurse who has a written collaborative agreement with 
9
a collaborating physician that authorizes prescriptive 
10
authority.