Sen. Chapin Rose
Filed: 2/28/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1328 




2    AMENDMENT NO. ______. Amend Senate Bill 1328 on page 1, 
3line 5, by replacing "Section 5-9-1.1" with the following:
4"Sections 5-9-1.1 and 5-9-1.5"; and 

 
5on page 6, by inserting immediately below line 26 the 
6following:
 
7    "(730 ILCS 5/5-9-1.1-5)
8    Sec. 5-9-1.1-5. Methamphetamine related offenses.
9    (a) When a person has been adjudged guilty of a 
10methamphetamine related
offense involving possession or 
11delivery of methamphetamine or any salt of an optical isomer of 
12methamphetamine or possession of a methamphetamine 
13manufacturing material as set forth in Section 10 of the 
14Methamphetamine Control and Community Protection Act with the 
15intent to manufacture a substance containing methamphetamine 
16or salt of an optical isomer of methamphetamine, in addition to 
 
 
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1any
other penalty imposed, a fine shall be levied by the court 
2at not less than
the full street value of the methamphetamine 
3or salt of an optical isomer of methamphetamine or 
4methamphetamine manufacturing materials seized.
5    "Street value" shall be determined by the court on the 
6basis of testimony
of law enforcement personnel and the 
7defendant as to the amount seized and
such testimony as may be 
8required by the court as to the current street
value of the 
9methamphetamine or salt of an optical isomer of methamphetamine 
10or methamphetamine manufacturing materials seized.
11    (b) In addition to any penalty imposed under subsection (a) 
12of this
Section, a fine of
$100 shall be levied by the court, 
13the proceeds of which
shall be collected by the Circuit Clerk 
14and remitted to the State Treasurer
under Section 27.6 of the 
15Clerks of Courts Act
for deposit into the Methamphetamine Law 
16Enforcement Fund and allocated as provided in subsection (d) of 
17Section 5-9-1.2.

18    (c)  In addition to any penalty imposed under subsection (a) 
19of this
Section, a $25 assessment  shall be assessed by the 
20court, the proceeds of which
shall be collected by the Circuit 
21Clerk and remitted to the State Treasurer for deposit into the 
22Criminal Justice Information Projects Fund. The moneys 
23deposited into the Criminal Justice Information Projects Fund 
24under this Section shall be appropriated to and administered by 
25the Illinois Criminal Justice Information Authority for 
26distribution to fund the Department of State Police funding of 
 
 
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1drug task forces and Metropolitan Enforcement Groups by 
2dividing the funds equally by the total number of Department of 
3State Police drug task forces and Metropolitan Enforcement 
4Groups.
5    (d) In addition to any penalty imposed under subsection (a) 
6of this
Section, a $40 assessment  shall be assessed by the 
7court, the proceeds of which
shall be collected by the Circuit 
8Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
9the State Treasurer for deposit into the Prescription Pill and  
10Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
11the Criminal Justice Information Projects Fund, for use by the 
12Illinois Criminal Justice Information Authority for the costs 
13associated with making grants from the Prescription Pill and 
14Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
15for deposit into the Circuit Court Clerk Operation and 
16Administrative Fund for the costs associated with 
17administering this subsection. 
18(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)".