HB5964 99TH GENERAL ASSEMBLY

LRB099 20122 MRW 44557 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5964

Introduced , by Rep. John D. Cavaletto

SYNOPSIS AS INTRODUCED:

720 ILCS 690/1	from Ch. 38, par. 81-1
720 ILCS 690/2	from Ch. 38, par. 81-2
720 ILCS 690/4	from Ch. 38, par. 81-4

Amends the Use of Intoxicating Compounds Act. Provides that no person shall possess any substance not listed in the Act for the purpose of inducing in the user an intoxicated condition, other than: (1) distilled spirits, wine, malt beverages, or tobacco; (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. Provides that no person shall knowingly sell or offer for sale, deliver, or give to any person any substance not listed in the Act which will induce an intoxicated condition, when the seller, offeror, or deliverer knows or has reason to know that the compound is intended for use to induce that condition. Establishes penalties based on the amount of the prohibited substance.

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 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, physical impairment or incapacity, stupefaction, depression, giddiness, paralysis or irrational behavior, or distortion or disturbance of 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 other substance for the purpose of inducing in the user an intoxicated condition. This provision shall 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 an intoxicated 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 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 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 for a first offense and a Class 4 felony for a subsequent offense;

(4) more than 30 grams but not more than 500 grams of a prohibited substance is guilty of a Class 4 felony for a first offense and a Class 3 felony for a subsequent offense;

(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.)