HB4866ham001 98TH GENERAL ASSEMBLY

Rep. John D. Cavaletto

Filed: 3/26/2014

09800HB4866ham001 LRB098 16477 RLC 56356 a

AMENDMENT TO HOUSE BILL 4866

AMENDMENT NO. ______. Amend House Bill 4866 by replacing everything after the enacting clause with the following:

"Section 5. The Use of Intoxicating Compounds Act is amended by changing Sections 1, 2, and 4 as follows:

(720 ILCS 690/1) (from Ch. 38, par. 81-1)

Sec. 1. Use or possession prohibited.

(a) No person shall ingest, breathe, inhale or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, the alkaloids atropine, hyoscyamine, or scopolamine, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this Act, any such condition so induced shall be deemed to be an intoxicated condition.

(b) No person shall possess any substance not listed in this Act for the purpose of inducing in the user a condition of intoxication, stupefaction, depression, giddiness, paralysis, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes. For the purposes of this Act, any of these conditions so induced shall be deemed to be an intoxicated condition. This subsection (b) does not apply to:

(1) distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax Act of 1995;

(2) any product or substance regulated by the federal Food and Drug Administration; or

(3) any controlled substance listed in the Illinois Controlled Substances Act.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

(720 ILCS 690/2) (from Ch. 38, par. 81-2)

Sec. 2. Sale or delivery prohibited.

(a) No person shall knowingly sell or offer for sale, deliver or give to any person under 17 years of age, unless upon written order of such person's parent or guardian, any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror, or deliverer knows or has reason to know that the compound is intended for use to induce such condition.

(b) No person shall knowingly sell or offer for sale, deliver, or give to any person any compound, liquid, or chemical containing alkaloids atropine, hyoscyamine, or scopolamine when the seller, offeror, or deliverer knows or has reason to know that the compound, liquid, or chemical is intended for use to induce an intoxicated condition.

(c) No person shall knowingly sell or offer for sale, deliver, or give to any person any substance not listed in this Act which will induce an intoxicated condition, as defined in this Act, when the seller, offeror, or deliverer knows or has reason to know that the compound is intended for use to induce that condition.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

(720 ILCS 690/4) (from Ch. 38, par. 81-4)

Sec. 4. Sentence.

(a) Except as otherwise provided in subsection (b), (c), or (d), violation of this Act is a Class C misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense.

(b) (1) The knowing ingestion of any compound, liquid, or chemical containing the alkaloids atropine, hyoscyamine, or scopolamine is a Class A misdemeanor.

(2) The sale, offer for sale, delivery, or giving to any person of a compound, liquid, or chemical containing the alkaloids atropine, hyoscyamine, or scopolamine is a Class 4 felony.

(3) This subsection (b) does not prohibit the sale, offer for sale, delivery, giving, or ingestion of a compound, liquid, or chemical containing the alkaloids atropine, hyoscyamine, or scopolamine under the direction or prescription of a practitioner authorized to so direct or prescribe as provided in Section 3.

(c) Any person who violates subsection (b) of Section 1 of this Act with respect to:

(1) not more than 2.5 grams of a prohibited substance is guilty of a Class C misdemeanor;

(2) more than 2.5 grams but not more than 10 grams of a prohibited substance is guilty of a Class B misdemeanor;

(3) more than 10 grams but not more than 30 grams of a prohibited substance is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(4) more than 30 grams but not more than 500 grams of a prohibited substance is guilty of a Class 4 felony; provided that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(5) more than 500 grams but not more than 2,000 grams of a prohibited substance is guilty of a Class 3 felony;

(6) more than 2,000 grams but not more than 5,000 grams of a prohibited substance is guilty of a Class 2 felony;

(7) more than 5,000 grams of a prohibited substance is guilty of a Class 1 felony.

(d) Any person who violates subsection (c) of Section 2 of this Act with respect to:

(1) not more than 2.5 grams of a prohibited substance is guilty of a Class B misdemeanor;

(2) more than 2.5 grams but not more than 10 grams of a prohibited substance is guilty of a Class A misdemeanor;

(3) more than 10 grams but not more than 30 grams of a prohibited substance is guilty of a Class 4 felony;

(4) more than 30 grams but not more than 500 grams of a prohibited substance is guilty of a Class 3 felony for which a fine not to exceed $50,000 may be imposed;

(5) more than 500 grams but not more than 2,000 grams of a prohibited substance is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed;

(6) more than 2,000 grams but not more than 5,000 grams of a prohibited substance is guilty of a Class 1 felony for which a fine not to exceed $150,000 may be imposed;

(7) more than 5,000 grams of a prohibited substance is guilty of a Class X felony for which a fine not to exceed $200,000 may be imposed.

(Source: P.A. 96-1440, eff. 1-1-11.)".