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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||||
5 | amended by adding Section 3.23 as follows: | ||||||
6 | (410 ILCS 620/3.23 new)
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7 | Sec. 3.23. Legend drug prohibition. | ||||||
8 | (a) In this Section: | ||||||
9 | "Legend drug" means a drug limited by the Federal Food, | ||||||
10 | Drug and Cosmetic Act to being dispensed by or upon a medical | ||||||
11 | practitioner's prescription because the drug is: | ||||||
12 | (1) habit forming; | ||||||
13 | (2) toxic or having potential for harm; or | ||||||
14 | (3) limited in use by the new drug application for the | ||||||
15 | drug to use only under a medical practitioner's | ||||||
16 | supervision. | ||||||
17 | "Medical practitioner" means any person licensed to | ||||||
18 | practice medicine in all its branches in the State. | ||||||
19 | "Deliver" or "delivery" means the actual, constructive, or | ||||||
20 | attempted transfer of possession of a legend drug, with or | ||||||
21 | without consideration, whether or not there is an agency | ||||||
22 | relationship. | ||||||
23 | "Manufacture" means the production, preparation, |
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1 | propagation, compounding, conversion, or processing of a | ||||||
2 | legend drug, either directly or indirectly, by extraction from | ||||||
3 | substances of natural origin, or independently by means of | ||||||
4 | chemical synthesis, or by a combination of extraction and | ||||||
5 | chemical synthesis, and includes any packaging or repackaging | ||||||
6 | of the substance or labeling of its container. "Manufacture" | ||||||
7 | does not include: | ||||||
8 | (1) by an ultimate user, the preparation or compounding | ||||||
9 | of a legend drug for his own use; or | ||||||
10 | (2) by a medical practitioner, or his authorized agent | ||||||
11 | under his supervision, the preparation, compounding, | ||||||
12 | packaging, or labeling of a legend drug: | ||||||
13 | (A) as an incident to his administering or | ||||||
14 | dispensing of a legend drug in the course of his | ||||||
15 | professional practice; or | ||||||
16 | (B) as an incident to lawful research, teaching, or | ||||||
17 | chemical analysis and not for sale. | ||||||
18 | "Prescription" means a lawful written, facsimile, or | ||||||
19 | verbal order of a medical practitioner as defined under the | ||||||
20 | laws of the State. | ||||||
21 | (b) It is unlawful for any person to knowingly manufacture | ||||||
22 | or deliver or possess with the intent to manufacture or deliver | ||||||
23 | a legend drug of 6 or more pills, tablets, capsules, or caplets | ||||||
24 | or 30 ml or more of a legend drug in liquid form who is not | ||||||
25 | licensed by applicable law to prescribe or dispense legend | ||||||
26 | drugs or is not an employee of the licensee operating in the |
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1 | normal course of business under the supervision of the | ||||||
2 | licensee. Any person who violates this Section is guilty of a | ||||||
3 | Class 3 felony, the fine for which shall not exceed $100,000. A | ||||||
4 | person convicted of a second or subsequent violation of this | ||||||
5 | Section is guilty of a Class 1 felony, the fine for which shall | ||||||
6 | not exceed $250,000. | ||||||
7 | (c) The following are subject to forfeiture: | ||||||
8 | (1) all substances that have been manufactured, | ||||||
9 | distributed, dispensed, or possessed in violation of this | ||||||
10 | Act; | ||||||
11 | (2) all raw materials, products, and equipment of any
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12 | kind which are used, or intended for use in manufacturing,
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13 | distributing, dispensing, administering, or possessing any | ||||||
14 | substance in violation of this Act; | ||||||
15 | (3) all conveyances, including aircraft, vehicles, or
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16 | vessels, which are used, or intended for use, to transport, | ||||||
17 | or in any manner to facilitate the transportation, sale, | ||||||
18 | receipt, possession, or concealment of property described | ||||||
19 | in items (1) and (2) of this subsection (c), but: | ||||||
20 | (A) no conveyance used by any person as a common
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21 | carrier in the transaction of business as a common | ||||||
22 | carrier is subject to forfeiture under this Section | ||||||
23 | unless it appears that the owner or other person in | ||||||
24 | charge of the conveyance is a consenting party or privy | ||||||
25 | to a violation of this Act; | ||||||
26 | (B) no conveyance is subject to forfeiture
under |
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1 | this Section by reason of any act or omission which the | ||||||
2 | owner proves to have been committed or omitted without | ||||||
3 | his knowledge or consent; and | ||||||
4 | (C) a forfeiture of a conveyance encumbered by
a | ||||||
5 | bona fide security interest is subject to the interest | ||||||
6 | of the secured party if he neither had knowledge of nor | ||||||
7 | consented to the act or omission; | ||||||
8 | (4) all money, things of value, books, records, and
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9 | research products and materials including formulas, | ||||||
10 | microfilm, tapes, and data that are used, or intended to be | ||||||
11 | used in violation of this Act; | ||||||
12 | (5) everything of value furnished, or intended to be
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13 | furnished, in exchange for a substance in violation of this | ||||||
14 | Act, all proceeds traceable to such an exchange, and all | ||||||
15 | moneys, negotiable instruments, and securities used, or | ||||||
16 | intended to be used, to commit or in any manner to | ||||||
17 | facilitate any violation of this Act; and | ||||||
18 | (6) all real property, including any right, title,
and | ||||||
19 | interest, including, but not limited to, any leasehold | ||||||
20 | interest or the beneficial interest in a land trust, in the | ||||||
21 | whole of any lot or tract of land and any appurtenances or | ||||||
22 | improvements, which is used or intended to be used, in any | ||||||
23 | manner or part, to commit, or in any manner to facilitate | ||||||
24 | the commission of, any violation or act that constitutes a | ||||||
25 | violation of Section 33.1 of this Act or that is the | ||||||
26 | proceeds of any violation or act that constitutes a |
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1 | violation of Section 33.1 of this Act. | ||||||
2 | (d) Property subject to forfeiture under this Act may be | ||||||
3 | seized by the Secretary or any peace officer upon process or | ||||||
4 | seizure warrant issued by any court having jurisdiction over | ||||||
5 | the property. Seizure by the Secretary or any peace officer | ||||||
6 | without process may be made: | ||||||
7 | (1) if the seizure is incident to inspection under
an | ||||||
8 | administrative inspection warrant; | ||||||
9 | (2) if the property subject to seizure has been the
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10 | subject of a prior judgment in favor of the State in a | ||||||
11 | criminal proceeding, or in an injunction or forfeiture | ||||||
12 | proceeding based upon this Act or the Drug Asset Forfeiture | ||||||
13 | Procedure Act; | ||||||
14 | (3) if there is probable cause to believe that the
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15 | property is directly or indirectly dangerous to health or | ||||||
16 | safety; | ||||||
17 | (4) if there is probable cause to believe that the
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18 | property is subject to forfeiture under this Act and the | ||||||
19 | property is seized under circumstances in which a | ||||||
20 | warrantless seizure or arrest would be reasonable; or | ||||||
21 | (5) in accordance with the Code of Criminal
Procedure | ||||||
22 | of 1963. | ||||||
23 | (e) In the event of seizure pursuant to subsection (c) of | ||||||
24 | this Section, forfeiture proceedings shall be instituted in | ||||||
25 | accordance with the Drug Asset Forfeiture Procedure Act. | ||||||
26 | (f) Property taken or detained under this Section shall not |
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1 | be subject to replevin, but is deemed to be in the custody of | ||||||
2 | the Secretary subject only to the order and judgments of the | ||||||
3 | circuit court having jurisdiction over the forfeiture | ||||||
4 | proceedings and the decisions of the State's Attorney under the | ||||||
5 | Drug Asset Forfeiture Procedure Act. If property is seized | ||||||
6 | under this Act, then the seizing agency shall promptly conduct | ||||||
7 | an inventory of the seized property and estimate the property's | ||||||
8 | value, and shall forward a copy of the inventory of seized | ||||||
9 | property and the estimate of the property's value to the | ||||||
10 | Secretary. Upon receiving notice of seizure, the Secretary may: | ||||||
11 | (1) place the property under seal; | ||||||
12 | (2) remove the property to a place designated by the
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13 | Secretary; | ||||||
14 | (3) keep the property in the possession of the
seizing | ||||||
15 | agency; | ||||||
16 | (4) remove the property to a storage area for
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17 | safekeeping or, if the property is a negotiable instrument | ||||||
18 | or money and is not needed for evidentiary purposes, | ||||||
19 | deposit it in an interest bearing account; | ||||||
20 | (5) place the property under constructive seizure by
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21 | posting notice of pending forfeiture on it, by giving | ||||||
22 | notice of pending forfeiture to its owners and interest | ||||||
23 | holders, or by filing notice of pending forfeiture in any | ||||||
24 | appropriate public record relating to the property; or | ||||||
25 | (6) provide for another agency or custodian,
including | ||||||
26 | an owner, secured party, or lienholder, to take custody of |
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1 | the property upon the terms and conditions set by the | ||||||
2 | Secretary. | ||||||
3 | (g) If the Department suspends or revokes a registration, | ||||||
4 | all legend drugs owned or possessed by the registrant at the | ||||||
5 | time of suspension or the effective date of the revocation | ||||||
6 | order may be placed under seal. No disposition may be made of | ||||||
7 | substances under seal until the time for taking an appeal has | ||||||
8 | elapsed or until all appeals have been concluded unless a | ||||||
9 | court, upon application therefor, orders the sale of perishable | ||||||
10 | substances and the deposit of the proceeds of the sale with the | ||||||
11 | court. Upon a revocation rule becoming final, all substances | ||||||
12 | may be forfeited to the Department. | ||||||
13 | (h) If property is forfeited under this Act, then the | ||||||
14 | Secretary must sell all such property unless such property is | ||||||
15 | required by law to be destroyed or is harmful to the public, | ||||||
16 | and shall distribute the proceeds of the sale, together with | ||||||
17 | any moneys forfeited or seized, in accordance with subsection | ||||||
18 | (i) of this Section. Upon the application of the seizing agency | ||||||
19 | or prosecutor who was responsible for the investigation, arrest | ||||||
20 | or arrests, and prosecution that led to the forfeiture, the | ||||||
21 | Secretary may return any item of forfeited property to the | ||||||
22 | seizing agency or prosecutor for official use in the | ||||||
23 | enforcement of laws if the agency or prosecutor can demonstrate | ||||||
24 | that the item requested would be useful to the agency or | ||||||
25 | prosecutor in their enforcement efforts. If any forfeited | ||||||
26 | conveyance, including an aircraft, vehicle, or vessel, is |
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1 | returned to the seizing agency or prosecutor, then the | ||||||
2 | conveyance may be used immediately in the enforcement of the | ||||||
3 | criminal laws of the State. Upon disposal, all proceeds from | ||||||
4 | the sale of the conveyance must be used for drug enforcement | ||||||
5 | purposes. If any real property returned to the seizing agency | ||||||
6 | is sold by the agency or its unit of government, then the | ||||||
7 | proceeds of the sale shall be delivered to the Secretary and | ||||||
8 | distributed in accordance with subsection (i) of this Section. | ||||||
9 | (i) All moneys and the sale proceeds of all other property | ||||||
10 | forfeited and seized under this Act shall be distributed as | ||||||
11 | follows: | ||||||
12 | (1) 65% shall be distributed to the metropolitan
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13 | enforcement group, local, municipal, county, or State law | ||||||
14 | enforcement agency or agencies which conducted or | ||||||
15 | participated in the investigation resulting in the | ||||||
16 | forfeiture. The distribution shall bear a reasonable | ||||||
17 | relationship to the degree of direct participation of the | ||||||
18 | law enforcement agency in the effort resulting in the | ||||||
19 | forfeiture, taking into account the total value of the | ||||||
20 | property forfeited and the total law enforcement effort | ||||||
21 | with respect to the violation of the law upon which the | ||||||
22 | forfeiture is based. Amounts distributed to the agency or | ||||||
23 | agencies shall be used for the enforcement of laws. | ||||||
24 | (2) 12.5% shall be distributed to the Office of
the | ||||||
25 | State's Attorney of the county in which the prosecution | ||||||
26 | resulting in the forfeiture was instituted, deposited in a |
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1 | special fund in the county treasury and appropriated to the | ||||||
2 | State's Attorney for use in the enforcement of laws. In | ||||||
3 | counties over 3,000,000 population, 25% will be | ||||||
4 | distributed to the Office of the State's Attorney for use | ||||||
5 | in the enforcement of laws governing cannabis and | ||||||
6 | controlled substances. If the prosecution is undertaken | ||||||
7 | solely by the Attorney General, the portion provided | ||||||
8 | hereunder shall be distributed to the Attorney General for | ||||||
9 | use in the enforcement of laws. | ||||||
10 | (3) 12.5% shall be distributed to the Office of the
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11 | State's Attorneys Appellate Prosecutor and deposited in a | ||||||
12 | separate fund of that office to be used for additional | ||||||
13 | expenses incurred in the investigation, prosecution and | ||||||
14 | appeal of cases. The Office of the State's Attorneys | ||||||
15 | Appellate Prosecutor shall not receive distribution from | ||||||
16 | cases brought in counties with over 3,000,000 population. | ||||||
17 | (4) 10% shall be retained by the Department of State
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18 | Police for expenses related to the administration and sale | ||||||
19 | of seized and forfeited property. | ||||||
20 | Section 10. The Drug Asset Forfeiture Procedure Act is | ||||||
21 | amended by changing Section 3 as follows:
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22 | (725 ILCS 150/3) (from Ch. 56 1/2, par. 1673)
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23 | Sec. 3. Applicability. The provisions of this Act are | ||||||
24 | applicable to
all property forfeitable under the Illinois |
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1 | Controlled Substances Act, the
Cannabis Control Act, the | ||||||
2 | Illinois Food, Drug and Cosmetic Act, or the Methamphetamine | ||||||
3 | Control and Community Protection Act.
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4 | (Source: P.A. 94-556, eff. 9-11-05.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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