HB2680 Engrossed

LRB096 09585 RLC 19746 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 Unified Code of Corrections is amended  by 
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changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 


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    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)



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    (Text of Section from P.A. 94-550)

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    Sec. 5-9-1.1. Drug related offenses. 

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    (a) When a person has been adjudged guilty of a drug 
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related
offense involving possession or delivery of cannabis or 
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possession or delivery
of a controlled substance, other than 
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methamphetamine, as defined in the Cannabis Control Act, as 
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amended,
or the Illinois Controlled Substances Act, as amended, 
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in addition to any
other penalty imposed, a fine shall be 
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levied by the court at not less than
the full street value of 
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the cannabis or controlled substances seized.

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    "Street value" shall be determined by the court on the 
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basis of testimony
of law enforcement personnel and the 
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defendant as to the amount seized and
such testimony as may be 
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required by the court as to the current street
value of the 
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cannabis or controlled substance seized.

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    (b) In addition to any penalty imposed under subsection (a) 
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of this
Section, a fine of
$100 shall be levied by the court, 
 


 






HB2680 Engrossed
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LRB096 09585 RLC 19746 b




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the proceeds of which
shall be collected by the Circuit Clerk 
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and remitted to the State Treasurer
under Section 27.6 of the 
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Clerks of Courts Act
for deposit into the Trauma
Center Fund 
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for distribution as provided under Section 3.225 of the 
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Emergency
Medical Services (EMS) Systems Act.

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    (c) In addition to any penalty imposed under subsection (a) 
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of this
Section, a fee of $5 shall be assessed by the court, 
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the proceeds of which
shall be collected by the Circuit Clerk 
9
and remitted to the State Treasurer
under Section 27.6 of the 
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Clerks of Courts Act for deposit into the Spinal Cord
Injury 
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Paralysis Cure Research Trust Fund.
This additional fee of $5 
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shall not be considered a part of the fine for
purposes of any 
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reduction in the fine for time served either before or after

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sentencing.

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    (d)  In addition to any penalty imposed under subsection (a) 
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of this
Section, a $25 assessment  shall be assessed by the 
17
court, the proceeds of which
shall be collected by the Circuit 
18
Clerk and remitted to the State Treasurer for deposit into the 
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State Police Services Fund and shall be used for grants by the 
20
Department of State Police to drug task forces and Metropolitan 
21
Enforcement Groups in accordance with the Intergovernmental 
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Drug Laws Enforcement Act. 
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(Source: P.A. 94-550, eff. 1-1-06.)

 
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    (Text of Section from P.A. 94-556)

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    Sec. 5-9-1.1. Drug related offenses. 

 


 






HB2680 Engrossed
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LRB096 09585 RLC 19746 b




1
    (a) When a person has been adjudged guilty of a drug 
2
related
offense involving possession or delivery of cannabis or 
3
possession or delivery
of a controlled substance as defined in 
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the Cannabis Control Act, the Illinois Controlled Substances 
5
Act, or the Methamphetamine Control and Community Protection 
6
Act,  in addition to any
other penalty imposed, a fine shall be 
7
levied by the court at not less than
the full street value of 
8
the cannabis or controlled substances seized.

9
    "Street value" shall be determined by the court on the 
10
basis of testimony
of law enforcement personnel and the 
11
defendant as to the amount seized and
such testimony as may be 
12
required by the court as to the current street
value of the 
13
cannabis or controlled substance seized.

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    (b) In addition to any penalty imposed under subsection (a) 
15
of this
Section, a fine of $100 shall be levied by the court, 
16
the proceeds of which
shall be collected by the Circuit Clerk 
17
and remitted to the State Treasurer
under Section 27.6 of the 
18
Clerks of Courts Act for deposit into the Trauma
Center Fund 
19
for distribution as provided under Section 3.225 of the 
20
Emergency
Medical Services (EMS) Systems Act.

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    (c) In addition to any penalty imposed under subsection (a) 
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of this
Section, a fee of $5 shall be assessed by the court, 
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the proceeds of which
shall be collected by the Circuit Clerk 
24
and remitted to the State Treasurer
under Section 27.6 of the 
25
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
26
Paralysis Cure Research Trust Fund.
This additional fee of $5 
 


 






HB2680 Engrossed
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LRB096 09585 RLC 19746 b




1
shall not be considered a part of the fine for
purposes of any 
2
reduction in the fine for time served either before or after

3
sentencing.

4
    (d)  In addition to any penalty imposed under subsection (a) 
5
of this
Section, a $25 assessment  shall be assessed by the 
6
court, the proceeds of which
shall be collected by the Circuit 
7
Clerk and remitted to the State Treasurer for deposit into the 
8
State Police Services Fund and shall be used for grants by the 
9
Department of State Police to drug task forces and Metropolitan 
10
Enforcement Groups in accordance with the Intergovernmental 
11
Drug Laws Enforcement Act. 
12
(Source: P.A. 94-556, eff. 9-11-05.)

 
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    (730 ILCS 5/5-9-1.1-5)

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    Sec. 5-9-1.1-5. Methamphetamine related offenses.
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    (a) When a person has been adjudged guilty of a 
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methamphetamine related
offense involving possession or 
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delivery of methamphetamine or any salt of an optical isomer of 
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methamphetamine or possession of a methamphetamine 
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manufacturing chemical set forth in paragraph (z-1) of Section 
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102 of  the Illinois Controlled Substances Act with the intent 
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to manufacture a substance containing methamphetamine or salt 
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of an optical isomer of methamphetamine, in addition to any

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other penalty imposed, a fine shall be levied by the court at 
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not less than
the full street value of the methamphetamine or 
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salt of an optical isomer of methamphetamine or methamphetamine 
 


 






HB2680 Engrossed
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LRB096 09585 RLC 19746 b




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manufacturing chemicals seized.
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    "Street value" shall be determined by the court on the 
3
basis of testimony
of law enforcement personnel and the 
4
defendant as to the amount seized and
such testimony as may be 
5
required by the court as to the current street
value of the 
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methamphetamine or salt of an optical isomer of methamphetamine 
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or methamphetamine manufacturing chemicals seized.
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    (b) In addition to any penalty imposed under subsection (a) 
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of this
Section, a fine of
$100 shall be levied by the court, 
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the proceeds of which
shall be collected by the Circuit Clerk 
11
and remitted to the State Treasurer
under Section 27.6 of the 
12
Clerks of Courts Act
for deposit into the Methamphetamine Law 
13
Enforcement Fund and allocated as provided in subsection (d) of 
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Section 5-9-1.2.


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    (c)  In addition to any penalty imposed under subsection (a) 
16
of this
Section, a $25 assessment  shall be assessed by the 
17
court, the proceeds of which
shall be collected by the Circuit 
18
Clerk and remitted to the State Treasurer for deposit into the 
19
State Police Services Fund and shall be used for grants by the 
20
Department of State Police to drug task forces and Metropolitan 
21
Enforcement Groups in accordance with the Intergovernmental 
22
Drug Laws Enforcement Act. 
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(Source: P.A. 94-550, eff. 1-1-06.)