SB2952 96TH GENERAL ASSEMBLY

LRB096 19620 RLC 35016 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2952

Introduced 1/28/2010, by Sen. John M. Sullivan

SYNOPSIS AS INTRODUCED:

720 ILCS 648/40

Amends the Methamphetamine Precursor Control Act. Increases by one class the knowing purchase, receipt, or acquisition of more than 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers within a 30-day period. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 Control Act is amended by changing Section 40 as follows:

(720 ILCS 648/40)

Sec. 40. Penalties.

(a) Violations of subsection (b) of Section 20 of this Act.

(1) Any person who knowingly purchases, receives, or otherwise acquires, within any 30-day period, products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers in violation of subsection (b) of Section 20 of this Act is subject to the following penalties:

(A) More than 7,500 milligrams but less than 15,000 milligrams, Class A B misdemeanor;

(B) 15,000 or more but less than 22,500 milligrams, Class 4 felony A misdemeanor;

(C) 22,500 or more but less than 30,000 milligrams, Class 3 4 felony;

(D) 30,000 or more but less than 37,500 milligrams, Class 2 3 felony;

(E) 37,500 or more but less than 45,000 milligrams, Class 1 2 felony; :

(F) (Blank) 45,000 or more milligrams, Class 1 felony.

(2) Any person who knowingly purchases, receives, or otherwise acquires, within any 30-day period, products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers in violation of subsection (b) of Section 20 of this Act, and who has previously been convicted of any methamphetamine-related offense under any State or federal law, is subject to the following penalties:

(A) More than 7,500 milligrams but less than 15,000 milligrams, Class 4 felony A misdemeanor;

(B) 15,000 or more but less than 22,500 milligrams, Class 3 4 felony;

(C) 22,500 or more but less than 30,000 milligrams, Class 2 3 felony;

(D) 30,000 or more but less than 37,500 milligrams, Class 1 2 felony;

(E) (Blank) 37,500 or more milligrams, Class 1 felony.

(3) Any person who knowingly purchases, receives, or otherwise acquires, within any 30-day period, products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers in violation of subsection (b) of Section 20 of this Act, and who has previously been convicted 2 or more times of any methamphetamine-related offense under State or federal law, is subject to the following penalties:

(A) More than 7,500 milligrams but less than 15,000 milligrams, Class 3 4 felony;

(B) 15,000 or more but less than 22,500 milligrams, Class 2 3 felony;

(C) 22,500 or more but less than 30,000 milligrams, Class 1 2 felony;

(D) (Blank) 30,000 or more milligrams, Class 1 felony.

(b) Violations of Section 15, 20, 25, 30, or 35 of this Act, other than violations of subsection (b) of Section 20 of this Act.

(1) Any pharmacy or retail distributor that violates Section 15, 20, 25, 30, or 35 of this Act, other than subsection (b) of Section 20 of this Act, is guilty of a petty offense and subject to a fine of $500 for a first offense; and $1,000 for a second offense occurring at the same retail location as and within 3 years of the prior offense. A pharmacy or retail distributor that violates this Act is guilty of a business offense and subject to a fine of $5,000 for a third or subsequent offense occurring at the same retail location as and within 3 years of the prior offenses.

(2) An employee or agent of a pharmacy or retail distributor who violates Section 15, 20, 25, 30, or 35 of this Act, other than subsection (b) of Section 20 of this Act, is guilty of a Class A misdemeanor for a first offense, a Class 4 felony for a second offense, and a Class 1 felony for a third or subsequent offense.

(3) Any other person who violates Section 15, 20, 25, 30, or 35 of this Act, other than subsection (b) of Section 20 of this Act, is guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class 4 felony for a third or subsequent offense.

(c) Any pharmacy or retail distributor that violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or 39.8-5 of this Act is guilty of a petty offense and subject to a fine of $100 for a first offense, $250 for a second offense, or $500 for a third or subsequent offense.

(d) Any person that violates Section 39.5 or 39.8-5 of this Act is guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class 4 felony for a third offense.

(e) Any person who, in order to acquire a targeted methamphetamine precursor, knowingly uses or provides the driver's license or government-issued identification of another person, or who knowingly uses or provides a fictitious or unlawfully altered driver's license or government-issued identification, or who otherwise knowingly provides false information, is guilty of a Class 4 felony for a first offense, a Class 3 felony for a second offense, and a Class 2 felony for a third or subsequent offense.

For purposes of this subsection (e), the terms "fictitious driver's license", "unlawfully altered driver's license", and "false information" have the meanings ascribed to them in Section 6-301.1 of the Illinois Vehicle Code.

(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)

Section 99. Effective date. This Act takes effect upon becoming law.