093_HB2845eng

 
HB2845 Engrossed                     LRB093 06697 RLC 06831 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 changing Section 401 as follows:

 6        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
 7        Sec.  401.  Except  as  authorized  by  this  Act,  it is
 8    unlawful for any person  knowingly  to:  (i)  manufacture  or
 9    deliver,  or possess with intent to manufacture or deliver, a
10    controlled or counterfeit substance or  controlled  substance
11    analog  or  (ii)  possess  any  methamphetamine manufacturing
12    chemical listed in paragraph (z-1) of Section  102  with  the
13    intent  to  manufacture  methamphetamine  or  the  salt of an
14    optical isomer of methamphetamine or an  analog  thereof.   A
15    violation  of this Act with respect to each of the controlled
16    substances listed herein constitutes a  single  and  separate
17    violation  of  this  Act.   For  purposes  of  this  Section,
18    "controlled  substance  analog" or "analog" means a substance
19    which  is  intended  for  human  consumption,  other  than  a
20    controlled  substance,  that   has   a   chemical   structure
21    substantially  similar  to  that of a controlled substance in
22    Schedule I or  II,  or  that  was  specifically  designed  to
23    produce   an  effect  substantially  similar  to  that  of  a
24    controlled substance  in  Schedule  I  or  II.   Examples  of
25    chemical  classes  in  which controlled substance analogs are
26    found  include,  but  are  not  limited  to,  the  following:
27    phenethylamines,   N-substituted   piperidines,   morphinans,
28    ecgonines,   quinazolinones,   substituted    indoles,    and
29    arylcycloalkylamines.  For purposes of this Act, a controlled
30    substance  analog  shall be treated in the same manner as the
31    controlled substance to which it is substantially similar.
 
HB2845 Engrossed            -2-      LRB093 06697 RLC 06831 b
 1        (a)  Any person who violates this Section with respect to
 2    the following amounts of controlled or counterfeit substances
 3    or controlled substance analogs, notwithstanding any  of  the
 4    provisions  of  subsections (c), (c-5), (d), (d-5), (e), (f),
 5    (g) or (h) to the contrary, is guilty of a Class X felony and
 6    shall be sentenced to a term of imprisonment as  provided  in
 7    this subsection (a) and fined as provided in subsection (b):
 8             (1) (A)  not  less than 6 years and not more than 30
 9             years with respect to 15 grams or more but less than
10             100 grams of a substance containing  heroin,  or  an
11             analog thereof;
12                  (B)  not less than 9 years and not more than 40
13             years  with  respect  to  100 grams or more but less
14             than 400 grams of a substance containing heroin,  or
15             an analog thereof;
16                  (C)  not  less  than 12 years and not more than
17             50 years with respect to 400 grams or more but  less
18             than  900 grams of a substance containing heroin, or
19             an analog thereof;
20                  (D)  not less than 15 years and not  more  than
21             60  years  with  respect to 900 grams or more of any
22             substance containing heroin, or an analog thereof;
23             (2) (A)  not less than 6 years and not more than  30
24             years with respect to 15 grams or more but less than
25             100  grams  of a substance containing cocaine, or an
26             analog thereof;
27                  (B)  not less than 9 years and not more than 40
28             years with respect to 100 grams  or  more  but  less
29             than 400 grams of a substance containing cocaine, or
30             an analog thereof;
31                  (C)  not  less  than 12 years and not more than
32             50 years with respect to 400 grams or more but  less
33             than 900 grams of a substance containing cocaine, or
34             an analog thereof;
 
HB2845 Engrossed            -3-      LRB093 06697 RLC 06831 b
 1                  (D)  not  less  than 15 years and not more than
 2             60 years with respect to 900 grams or  more  of  any
 3             substance containing cocaine, or an analog thereof;
 4             (3) (A)  not  less than 6 years and not more than 30
 5             years with respect to 15 grams or more but less than
 6             100 grams of a substance containing morphine, or  an
 7             analog thereof;
 8                  (B)  not less than 9 years and not more than 40
 9             years  with  respect  to  100 grams or more but less
10             than 400 grams of a substance  containing  morphine,
11             or an analog thereof;
12                  (C)  not  less  than 12 years and not more than
13             50 years with respect to 400 grams or more but  less
14             than  900  grams of a substance containing morphine,
15             or an analog thereof;
16                  (D)  not less than 15 years and not  more  than
17             60  years  with  respect  to  900 grams or more of a
18             substance containing morphine, or an analog thereof;
19             (4)  200 grams or more of any  substance  containing
20        peyote, or an analog thereof;
21             (5)  200 grams or more of any substance containing a
22        derivative  of  barbituric  acid or any of the salts of a
23        derivative of barbituric acid, or an analog thereof;
24             (6)  200 grams or more of any  substance  containing
25        amphetamine   or   any  salt  of  an  optical  isomer  of
26        amphetamine, or an analog thereof;
27             (6.5) (A)  not less than 6 years and not  more  than
28             30  years  with respect to 15 grams or more but less
29             than   100   grams   of   a   substance   containing
30             methamphetamine or any salt of an optical isomer  of
31             methamphetamine, or an analog thereof;
32                  (B)  not less than 9 years and not more than 40
33             years  with  respect  to  100 grams or more but less
34             than   400   grams   of   a   substance   containing
 
HB2845 Engrossed            -4-      LRB093 06697 RLC 06831 b
 1             methamphetamine or any salt of an optical isomer  of
 2             methamphetamine, or an analog thereof;
 3                  (C)  not  less  than 12 years and not more than
 4             50 years with respect to 400 grams or more but  less
 5             than   900   grams   of   a   substance   containing
 6             methamphetamine  or any salt of an optical isomer of
 7             methamphetamine, or an analog thereof;
 8                  (D)  not less than 15 years and not  more  than
 9             60  years  with  respect to 900 grams or more of any
10             substance containing methamphetamine or any salt  of
11             an  optical  isomer of methamphetamine, or an analog
12             thereof.
13             (6.6) (A)  not less than 6 years and not  more  than
14             30  years for the possession of 30 grams or more but
15             less  than  150   grams   of   any   methamphetamine
16             manufacturing  chemical set forth in paragraph (z-1)
17             of Section 102 with intent to manufacture  30  grams
18             or  more  but  less  than 150 grams of any substance
19             containing methamphetamine, or salt of  any  optical
20             isomer of methamphetamine, or an analog thereof;
21                  (B)  not less than 6 years and not more than 40
22             years  for  the  possession of 150 grams or more but
23             less  than  500   grams   of   any   methamphetamine
24             manufacturing  chemical set forth in paragraph (z-1)
25             of Section 102 with intent to manufacture 150  grams
26             or  more  but  less  than 500 grams of any substance
27             containing methamphetamine, or salt  of  an  optical
28             isomer of methamphetamine, or an analog thereof;
29                  (C)  not less than 6 years and not more than 50
30             years  for  the  possession of 500 grams or more but
31             less  than  1200  grams   of   any   methamphetamine
32             manufacturing  chemical set forth in paragraph (z-1)
33             of Section 102 with intent to manufacture 500  grams
34             or  more  but  less than 1200 grams of any substance
 
HB2845 Engrossed            -5-      LRB093 06697 RLC 06831 b
 1             containing methamphetamine, or salt  of  an  optical
 2             isomer of methamphetamine, or an analog thereof;
 3                  (D)  not less than 6 years and not more than 60
 4             years  for  the  possession of 1200 grams or more of
 5             any methamphetamine manufacturing chemical set forth
 6             in paragraph (z-1) of Section  102  with  intent  to
 7             manufacture  1200  grams  or  more  of any substance
 8             containing methamphetamine, or salt  of  an  optical
 9             isomer of methamphetamine, or an analog thereof;
10             (7) (A)  not  less than 6 years and not more than 30
11             years with respect to: (i) 15 grams or more but less
12             than 100 grams of a  substance  containing  lysergic
13             acid  diethylamide  (LSD),  or an analog thereof, or
14             (ii) 15 or more objects or  15  or  more  segregated
15             parts  of  an  object  or  objects but less than 200
16             objects or 200 segregated  parts  of  an  object  or
17             objects  containing  in them or having upon them any
18             amounts of any substance  containing  lysergic  acid
19             diethylamide (LSD), or an analog thereof;
20                  (B)  not less than 9 years and not more than 40
21             years  with  respect  to:  (i) 100 grams or more but
22             less  than  400  grams  of  a  substance  containing
23             lysergic  acid  diethylamide  (LSD),  or  an  analog
24             thereof, or (ii) 200 or more objects or 200 or  more
25             segregated  parts  of  an object or objects but less
26             than 600 objects or less than 600  segregated  parts
27             of an object or objects containing in them or having
28             upon  them  any  amount  of any substance containing
29             lysergic  acid  diethylamide  (LSD),  or  an  analog
30             thereof;
31                  (C)  not less than 12 years and not  more  than
32             50  years with respect to: (i) 400 grams or more but
33             less  than  900  grams  of  a  substance  containing
34             lysergic  acid  diethylamide  (LSD),  or  an  analog
 
HB2845 Engrossed            -6-      LRB093 06697 RLC 06831 b
 1             thereof, or (ii) 600 or more objects or 600 or  more
 2             segregated  parts  of  an object or objects but less
 3             than 1500 objects or 1500  segregated  parts  of  an
 4             object  or objects containing in them or having upon
 5             them any amount of any substance containing lysergic
 6             acid diethylamide (LSD), or an analog thereof;
 7                  (D)  not less than 15 years and not  more  than
 8             60  years  with respect to: (i) 900 grams or more of
 9             any substance containing lysergic acid  diethylamide
10             (LSD),  or  an  analog thereof, or (ii) 1500 or more
11             objects or 1500  or  more  segregated  parts  of  an
12             object  or objects containing in them or having upon
13             them any amount of a substance  containing  lysergic
14             acid diethylamide (LSD), or an analog thereof;
15             (7.5) (A) not less than 6 years and not more than 30
16             years with respect to: (i) 15 grams or more but less
17             than  100  grams  of a substance listed in paragraph
18             (1), (2), (2.1), (3), (14.1),  (19),  (20),  (20.1),
19             (21),  (25),  or  (26)  of subsection (d) of Section
20             204, or an analog or derivative thereof, or (ii)  15
21             or   more  pills,  tablets,  caplets,  capsules,  or
22             objects but less than 200 pills,  tablets,  caplets,
23             capsules,  or  objects  containing in them or having
24             upon them any amounts of  any  substance  listed  in
25             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
26             (20.1), (21), (25), or (26)  of  subsection  (d)  of
27             Section 204, or an analog or derivative thereof;
28                  (B)  not less than 9 years and not more than 40
29             years  with  respect  to:  (i) 100 grams or more but
30             less  than  400  grams  of  a  substance  listed  in
31             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
32             (20.1),  (21),  (25),  or  (26) of subsection (d) of
33             Section 204, or an analog or derivative thereof,  or
34             (ii)  200 or more pills, tablets, caplets, capsules,
 
HB2845 Engrossed            -7-      LRB093 06697 RLC 06831 b
 1             or  objects  but  less  than  600  pills,   tablets,
 2             caplets,  capsules, or objects containing in them or
 3             having upon them any amount of any substance  listed
 4             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
 5             (20), (20.1), (21), (25), or (26) of subsection  (d)
 6             of Section 204, or an analog or derivative thereof;
 7                  (C) not less than 12 years and not more than 50
 8             years  with  respect  to:  (i) 400 grams or more but
 9             less  than  900  grams  of  a  substance  listed  in
10             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
11             (20.1),  (21),  (25),  or  (26) of subsection (d) of
12             Section 204,  or an analog or derivative thereof, or
13             (ii) 600 or more pills, tablets, caplets,  capsules,
14             or  objects  but  less  than  1,500  pills, tablets,
15             caplets, capsules, or objects containing in them  or
16             having  upon them any amount of any substance listed
17             in paragraph (1), (2),  (2.1),  (3),  (14.1),  (19),
18             (20),  (20.1), (21), (25), or (26) of subsection (d)
19             of Section 204, or an analog or derivative thereof;
20                  (D) not less than 15 years and not more than 60
21             years with respect to: (i) 900 grams or more of  any
22             substance  listed in paragraph (1), (2), (2.1), (3),
23             (14.1), (19), (20), (20.1), (21), (25), or  (26)  of
24             subsection  (d)  of  Section  204,  or  an analog or
25             derivative thereof, or (ii)  1,500  or  more  pills,
26             tablets, caplets, capsules, or objects containing in
27             them  or  having upon them any amount of a substance
28             listed in paragraph (1), (2),  (2.1),  (3),  (14.1),
29             (19),   (20),   (20.1),   (21),  (25),  or  (26)  of
30             subsection (d) of  Section  204,  or  an  analog  or
31             derivative thereof;
32             (8)  30  grams  or  more of any substance containing
33        pentazocine or any of the salts,  isomers  and  salts  of
34        isomers of pentazocine, or an analog thereof;
 
HB2845 Engrossed            -8-      LRB093 06697 RLC 06831 b
 1             (9)  30  grams  or  more of any substance containing
 2        methaqualone or any of the salts, isomers  and  salts  of
 3        isomers of methaqualone, or an analog thereof;
 4             (10)  30   grams   or   more   of    any   substance
 5        containing  phencyclidine or any of the  salts,   isomers
 6        and   salts  of  isomers  of phencyclidine  (PCP),  or an
 7        analog  thereof;
 8             (10.5)  30 grams or more of any substance containing
 9        ketamine or any  of  the  salts,  isomers  and  salts  of
10        isomers of ketamine, or an analog thereof;
11             (11)  200  grams or more of any substance containing
12        any other controlled substance classified in Schedules  I
13        or  II,  or  an  analog  thereof,  which is not otherwise
14        included in this subsection.
15        (b)  Any person sentenced with respect to  violations  of
16    paragraph  (1),  (2),  (3),  (6.5),  (6.6),  (7), or (7.5) of
17    subsection (a) involving 100 grams or more of the  controlled
18    substance  named  therein,  may  in addition to the penalties
19    provided therein, be fined an amount not more  than  $500,000
20    or  the  full  street  value of the controlled or counterfeit
21    substance  or  controlled  substance  analog,  whichever   is
22    greater.   The  term  "street  value"  shall have the meaning
23    ascribed in Section 110-5 of the Code of  Criminal  Procedure
24    of  1963.   Any  person  sentenced  with respect to any other
25    provision of subsection (a), may in addition to the penalties
26    provided therein, be fined an amount not to exceed $500,000.
27        (c)  Any person who violates this Section with regard  to
28    the following amounts of controlled or counterfeit substances
29    or  controlled  substance analogs, notwithstanding any of the
30    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
31    to the contrary, is guilty of a Class 1 felony.  The fine for
32    violation of this subsection  (c)  shall  not  be  more  than
33    $250,000:
34             (1)  1  gram  or  more but less than 15 grams of any
 
HB2845 Engrossed            -9-      LRB093 06697 RLC 06831 b
 1        substance containing heroin, or an analog thereof;
 2             (2)  1 gram or more but less than 15  grams  of  any
 3        substance containing cocaine, or an analog thereof;
 4             (3)  10  grams or more but less than 15 grams of any
 5        substance containing morphine, or an analog thereof;
 6             (4)  50 grams or more but less than 200 grams of any
 7        substance containing peyote, or an analog thereof;
 8             (5)  50 grams or more but less than 200 grams of any
 9        substance containing a derivative of barbituric  acid  or
10        any  of  the salts of a derivative of barbituric acid, or
11        an analog thereof;
12             (6)  50 grams or more but less than 200 grams of any
13        substance  containing  amphetamine  or  any  salt  of  an
14        optical isomer of amphetamine, or an analog thereof;
15             (6.5)  5 grams or more but less than 15 grams of any
16        substance  containing  methamphetamine  or  any  salt  or
17        optical isomer of methamphetamine, or an analog thereof;
18             (7)  (i) 5 grams or more but less than 15  grams  of
19        any   substance  containing  lysergic  acid  diethylamide
20        (LSD), or an analog thereof, or (ii) more than 10 objects
21        or more than 10 segregated parts of an object or  objects
22        but less than 15 objects or less than 15 segregated parts
23        of  an  object containing in them or having upon them any
24        amount  of  any  substance   containing   lysergic   acid
25        diethylamide (LSD), or an analog thereof;
26             (7.5) (i)  5 grams or more but less than 15 grams of
27        any substance listed in paragraph (1), (2),  (2.1),  (3),
28        (14.1),  (19),  (20),  (20.1),  (21),  (25),  or  (26) of
29        subsection (d) of Section 204, or an analog or derivative
30        thereof, or (ii) more than 10  pills,  tablets,  caplets,
31        capsules,  or  objects  but  less than 15 pills, tablets,
32        caplets, capsules,  or  objects  containing  in  them  or
33        having  upon  them any  amount of any substance listed in
34        paragraph (1),  (2),  (2.1),  (3),  (14.1),  (19),  (20),
 
HB2845 Engrossed            -10-     LRB093 06697 RLC 06831 b
 1        (20.1),  (21), (25), or (26) of subsection (d) of Section
 2        204, or an analog or derivative thereof;
 3             (8)  10 grams or more but less than 30 grams of  any
 4        substance  containing  pentazocine  or  any of the salts,
 5        isomers and salts of isomers of pentazocine, or an analog
 6        thereof;
 7             (9)  10 grams or more but less than 30 grams of  any
 8        substance  containing  methaqualone  or any of the salts,
 9        isomers and salts  of  isomers  of  methaqualone,  or  an
10        analog thereof;
11             (10)  10 grams or more but less than 30 grams of any
12        substance  containing  phencyclidine or any of the salts,
13        isomers and salts of isomers of phencyclidine  (PCP),  or
14        an analog thereof;
15             (10.5)  10  grams  or more but less than 30 grams of
16        any substance containing ketamine or any  of  the  salts,
17        isomers  and  salts  of isomers of ketamine, or an analog
18        thereof;
19             (11)  50 grams or more but less than  200  grams  of
20        any   substance  containing  a  substance  classified  in
21        Schedules I or II, or an analog  thereof,  which  is  not
22        otherwise included in this subsection.
23        (c-5)  Any  person  who violates this Section with regard
24    to possession of any methamphetamine  manufacturing  chemical
25    set  forth  in  paragraph (z-1) of Section 102 with intent to
26    manufacture 15 grams or  more  but  less  than  30  grams  of
27    methamphetamine,   or   salt   of   an   optical   isomer  of
28    methamphetamine or any analog thereof, is guilty of a Class 1
29    felony.  The fine for  violation  of  this  subsection  (c-5)
30    shall not be more than $250,000.
31        (d)  Any  person who violates this Section with regard to
32    any other amount of a  controlled  or  counterfeit  substance
33    classified  in Schedules I or II, or an analog thereof, which
34    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
 
HB2845 Engrossed            -11-     LRB093 06697 RLC 06831 b
 1    or an analog  thereof,  or  (iii)  any  substance  containing
 2    amphetamine  or methamphetamine or any salt or optical isomer
 3    of amphetamine or methamphetamine, or an analog  thereof,  is
 4    guilty  of  a  Class 2 felony. The fine for violation of this
 5    subsection (d) shall not be more than $200,000.
 6        (d-5)  Any person who violates this Section  with  regard
 7    to  possession  of  more  than 3 grams of any methamphetamine
 8    manufacturing  chemical  set  forth  in  paragraph  (z-1)  of
 9    Section 102 with intent to manufacture less than 15 grams  of
10    methamphetamine,   or   salt   of   an   optical   isomer  of
11    methamphetamine or any analog thereof, is guilty of a Class 2
12    felony.  The fine for  violation  of  this  subsection  (d-5)
13    shall not be more than $200,000.
14        (e)  Any  person who violates this Section with regard to
15    any other amount of a  controlled  or  counterfeit  substance
16    classified  in  Schedule I or II, or an analog thereof, which
17    substance is  not  included  under  subsection  (d)  of  this
18    Section,  is  guilty  of  a  Class  3  felony.  The  fine for
19    violation of this subsection  (e)  shall  not  be  more  than
20    $150,000.
21        (f)  Any  person who violates this Section with regard to
22    any other amount of a  controlled  or  counterfeit  substance
23    classified in Schedule III is guilty of a Class 3 felony. The
24    fine  for  violation of this subsection (f) shall not be more
25    than $125,000.
26        (g)  Any person who violates this Section with regard  to
27    any  other  amount  of  a controlled or counterfeit substance
28    classified in Schedule IV is guilty of a Class 3 felony.  The
29    fine  for  violation of this subsection (g) shall not be more
30    than $100,000.
31        (h)  Any person who violates this Section with regard  to
32    any  other  amount  of  a controlled or counterfeit substance
33    classified in Schedule V is guilty of a Class 3  felony.  The
34    fine  for  violation of this subsection (h) shall not be more
 
HB2845 Engrossed            -12-     LRB093 06697 RLC 06831 b
 1    than $75,000.
 2        (i)  This Section does  not  apply  to  the  manufacture,
 3    possession or distribution of a substance in conformance with
 4    the  provisions  of  an  approved  new drug application or an
 5    exemption for  investigational  use  within  the  meaning  of
 6    Section 505 of the Federal Food, Drug and Cosmetic Act.
 7    (Source:  P.A.  91-336,  eff.  1-1-00;  91-357, eff. 7-29-99;
 8    91-403,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-256,  eff.
 9    1-1-02; 92-698, eff. 7-19-02.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.