093_HB2843eng HB2843 Engrossed LRB093 06698 RLC 06832 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by adding Section 405.3 as follows: 6 (720 ILCS 570/405.3 new) 7 Sec. 405.3. Criminal synthetic drug manufacturing 8 conspiracy. 9 (a) A person commits criminal synthetic drug 10 manufacturing conspiracy when, with the intent that a 11 controlled substance be manufactured or produced in violation 12 of any provision of Section 401, 402, 406.1, or 407, he or 13 she aids in the manufacture or production of a synthetic 14 controlled substance. No person may be convicted of criminal 15 synthetic drug manufacturing conspiracy unless an act in 16 furtherance to aid in the manufacture or production of a 17 synthetic controlled substance is alleged and proved to have 18 been committed by the person or a co-conspirator. 19 (b) Aiding in the manufacture of a synthetic controlled 20 substance may be accomplished by: (1) providing 21 methamphetamine manufacturing chemicals, precursors, 22 essential ingredients, or apparatus required to produce the 23 synthetic controlled substance; or (2) permitting the use of 24 any structure for the purpose of the manufacture of a 25 synthetic controlled substance. 26 (c) Apparatus required to manufacture the synthetic 27 controlled substance may include laboratory glassware and 28 apparatus or other common or household items used or modified 29 for use in the manufacture of the synthetic controlled 30 substance. 31 (d) In this Section, "structure" means any house, HB2843 Engrossed -2- LRB093 06698 RLC 06832 b 1 apartment building, shop, barn, warehouse, building, vessel, 2 railroad car, cargo container, motor vehicle, housecar, 3 trailer, trailer coach, camper, mine, floating home, 4 watercraft, any structure capable of holding a clandestine 5 laboratory or any real property. 6 (e) It is not a defense to conspiracy that the person or 7 persons with whom the accused is alleged to have conspired: 8 (1) have not been prosecuted or convicted; or 9 (2) have been convicted of a different offense; or 10 (3) are not amenable to justice; or 11 (4) have been acquitted; or 12 (5) lacked the capacity to commit the offense. 13 (f) Sentence. A person convicted of criminal synthetic 14 drug manufacturing conspiracy may be fined or imprisoned or 15 both, but any fines or term of imprisonment imposed may not 16 be less than the minimum nor more than the maximum provided 17 for the offense that is the object of the conspiracy. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.