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| 1 | AN ACT concerning criminal law.
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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 Controlled Substances Act is | ||||||
| 5 | amended by changing Section 411 as follows:
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| 6 | (720 ILCS 570/411) (from Ch. 56 1/2, par. 1411)
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| 7 | Sec. 411. In determining the appropriate sentence for any | ||||||
| 8 | conviction
under this Act, the sentencing court may consider | ||||||
| 9 | the following as
indicative of the type of offenses which the | ||||||
| 10 | legislature deems most
damaging to the peace and welfare of the | ||||||
| 11 | citizens of Illinois and which
warrants the most severe | ||||||
| 12 | penalties:
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| 13 | (1) the unlawful delivery of the most highly toxic | ||||||
| 14 | controlled
substances, as reflected by their inclusion in | ||||||
| 15 | Schedule I or II of this
Act;
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| 16 | (2) offenses involving unusually large quantities of | ||||||
| 17 | controlled
substances, as measured by their wholesale | ||||||
| 18 | value at the time of the
offense;
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| 19 | (3) the unlawful delivery of controlled substances by a | ||||||
| 20 | non-user to a
user of controlled substances;
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| 21 | (4) non-possessory offenses by persons who have no | ||||||
| 22 | other visible means
of support;
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| 23 | (5) offenses involving the large-scale manufacture of | ||||||
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| 1 | controlled
substances;
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| 2 | (6) offenses which indicate any immediate involvement | ||||||
| 3 | whatsoever with
organized crime in terms of the controlled | ||||||
| 4 | substance's manufacture,
importation, or volume | ||||||
| 5 | distribution;
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| 6 | (7) the manufacture for, or the delivery of controlled | ||||||
| 7 | substances to
persons 3 years or more junior to the | ||||||
| 8 | person(s) convicted under this Act;
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| 9 | (8) the unlawful delivery of anabolic steroids by an | ||||||
| 10 | athletic trainer,
coach, or health club personnel;
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| 11 | (9) the possession, delivery, or manufacture of | ||||||
| 12 | controlled substances or cannabis in the presence of a | ||||||
| 13 | child under 17 years of age; .
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| 14 | (10) the transportation of controlled substances from | ||||||
| 15 | one county in this State into another county in this State | ||||||
| 16 | or from one state into this State. | ||||||
| 17 | Nothing in this section shall be construed as limiting in | ||||||
| 18 | any way the
discretion of the court to impose any sentence | ||||||
| 19 | authorized by this Act.
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| 20 | (Source: P.A. 94-172, eff. 1-1-06.)
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| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.
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