093_SB1468enr

 
SB1468 Enrolled                      LRB093 08544 RLC 08770 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.
 
SB1468 Enrolled             -2-      LRB093 08544 RLC 08770 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;
 
SB1468 Enrolled             -3-      LRB093 08544 RLC 08770 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
 
SB1468 Enrolled             -4-      LRB093 08544 RLC 08770 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 any methamphetamine
15             manufacturing chemical set forth in paragraph  (z-1)
16             of  Section  102 with intent to manufacture 30 grams
17             or more but less than 150  grams  of  any  substance
18             containing  methamphetamine,  or salt of any optical
19             isomer of methamphetamine, or an analog thereof;
20                  (B)  not less than 6 years and not more than 40
21             years for  the  possession  of  any  methamphetamine
22             manufacturing  chemical set forth in paragraph (z-1)
23             of Section 102 with intent to manufacture 150  grams
24             or  more  but  less  than 500 grams of any substance
25             containing methamphetamine, or salt  of  an  optical
26             isomer of methamphetamine, or an analog thereof;
27                  (C)  not less than 6 years and not more than 50
28             years  for  the  possession  of  any methamphetamine
29             manufacturing chemical set forth in paragraph  (z-1)
30             of  Section 102 with intent to manufacture 500 grams
31             or more but less than 1200 grams  of  any  substance
32             containing  methamphetamine,  or  salt of an optical
33             isomer of methamphetamine, or an analog thereof;
34                  (D)  not less than 6 years and not more than 60
 
SB1468 Enrolled             -5-      LRB093 08544 RLC 08770 b
 1             years for  the  possession  of  any  methamphetamine
 2             manufacturing  chemical set forth in paragraph (z-1)
 3             of Section 102 with intent to manufacture 1200 grams
 4             or more of any substance containing methamphetamine,
 5             or salt of an optical isomer of methamphetamine,  or
 6             an analog thereof;
 7             (7) (A)  not  less than 6 years and not more than 30
 8             years with respect to: (i) 15 grams or more but less
 9             than 100 grams of a  substance  containing  lysergic
10             acid  diethylamide  (LSD),  or an analog thereof, or
11             (ii) 15 or more objects or  15  or  more  segregated
12             parts  of  an  object  or  objects but less than 200
13             objects or 200 segregated  parts  of  an  object  or
14             objects  containing  in them or having upon them any
15             amounts of any substance  containing  lysergic  acid
16             diethylamide (LSD), or an analog thereof;
17                  (B)  not less than 9 years and not more than 40
18             years  with  respect  to:  (i) 100 grams or more but
19             less  than  400  grams  of  a  substance  containing
20             lysergic  acid  diethylamide  (LSD),  or  an  analog
21             thereof, or (ii) 200 or more objects or 200 or  more
22             segregated  parts  of  an object or objects but less
23             than 600 objects or less than 600  segregated  parts
24             of an object or objects containing in them or having
25             upon  them  any  amount  of any substance containing
26             lysergic  acid  diethylamide  (LSD),  or  an  analog
27             thereof;
28                  (C)  not less than 12 years and not  more  than
29             50  years with respect to: (i) 400 grams or more but
30             less  than  900  grams  of  a  substance  containing
31             lysergic  acid  diethylamide  (LSD),  or  an  analog
32             thereof, or (ii) 600 or more objects or 600 or  more
33             segregated  parts  of  an object or objects but less
34             than 1500 objects or 1500  segregated  parts  of  an
 
SB1468 Enrolled             -6-      LRB093 08544 RLC 08770 b
 1             object  or objects containing in them or having upon
 2             them any amount of any substance containing lysergic
 3             acid diethylamide (LSD), or an analog thereof;
 4                  (D)  not less than 15 years and not  more  than
 5             60  years  with respect to: (i) 900 grams or more of
 6             any substance containing lysergic acid  diethylamide
 7             (LSD),  or  an  analog thereof, or (ii) 1500 or more
 8             objects or 1500  or  more  segregated  parts  of  an
 9             object  or objects containing in them or having upon
10             them any amount of a substance  containing  lysergic
11             acid diethylamide (LSD), or an analog thereof;
12             (7.5) (A) not less than 6 years and not more than 30
13             years with respect to: (i) 15 grams or more but less
14             than  100  grams  of a substance listed in paragraph
15             (1), (2), (2.1), (3), (14.1),  (19),  (20),  (20.1),
16             (21),  (25),  or  (26)  of subsection (d) of Section
17             204, or an analog or derivative thereof, or (ii)  15
18             or   more  pills,  tablets,  caplets,  capsules,  or
19             objects but less than 200 pills,  tablets,  caplets,
20             capsules,  or  objects  containing in them or having
21             upon them any amounts of  any  substance  listed  in
22             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
23             (20.1), (21), (25), or (26)  of  subsection  (d)  of
24             Section 204, or an analog or derivative thereof;
25                  (B)  not less than 9 years and not more than 40
26             years  with  respect  to:  (i) 100 grams or more but
27             less  than  400  grams  of  a  substance  listed  in
28             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
29             (20.1),  (21),  (25),  or  (26) of subsection (d) of
30             Section 204, or an analog or derivative thereof,  or
31             (ii)  200 or more pills, tablets, caplets, capsules,
32             or  objects  but  less  than  600  pills,   tablets,
33             caplets,  capsules, or objects containing in them or
34             having upon them any amount of any substance  listed
 
SB1468 Enrolled             -7-      LRB093 08544 RLC 08770 b
 1             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
 2             (20), (20.1), (21), (25), or (26) of subsection  (d)
 3             of Section 204, or an analog or derivative thereof;
 4                  (C) not less than 12 years and not more than 50
 5             years  with  respect  to:  (i) 400 grams or more but
 6             less  than  900  grams  of  a  substance  listed  in
 7             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
 8             (20.1),  (21),  (25),  or  (26) of subsection (d) of
 9             Section 204,  or an analog or derivative thereof, or
10             (ii) 600 or more pills, tablets, caplets,  capsules,
11             or  objects  but  less  than  1,500  pills, tablets,
12             caplets, capsules, or objects containing in them  or
13             having  upon them any amount of any substance listed
14             in paragraph (1), (2),  (2.1),  (3),  (14.1),  (19),
15             (20),  (20.1), (21), (25), or (26) of subsection (d)
16             of Section 204, or an analog or derivative thereof;
17                  (D) not less than 15 years and not more than 60
18             years with respect to: (i) 900 grams or more of  any
19             substance  listed in paragraph (1), (2), (2.1), (3),
20             (14.1), (19), (20), (20.1), (21), (25), or  (26)  of
21             subsection  (d)  of  Section  204,  or  an analog or
22             derivative thereof, or (ii)  1,500  or  more  pills,
23             tablets, caplets, capsules, or objects containing in
24             them  or  having upon them any amount of a substance
25             listed in paragraph (1), (2),  (2.1),  (3),  (14.1),
26             (19),   (20),   (20.1),   (21),  (25),  or  (26)  of
27             subsection (d) of  Section  204,  or  an  analog  or
28             derivative thereof;
29             (8)  30  grams  or  more of any substance containing
30        pentazocine or any of the salts,  isomers  and  salts  of
31        isomers of pentazocine, or an analog thereof;
32             (9)  30  grams  or  more of any substance containing
33        methaqualone or any of the salts, isomers  and  salts  of
34        isomers of methaqualone, or an analog thereof;
 
SB1468 Enrolled             -8-      LRB093 08544 RLC 08770 b
 1             (10)  30   grams   or   more   of    any   substance
 2        containing  phencyclidine or any of the  salts,   isomers
 3        and   salts  of  isomers  of phencyclidine  (PCP),  or an
 4        analog  thereof;
 5             (10.5)  30 grams or more of any substance containing
 6        ketamine or any  of  the  salts,  isomers  and  salts  of
 7        isomers of ketamine, or an analog thereof;
 8             (11)  200  grams or more of any substance containing
 9        any other controlled substance classified in Schedules  I
10        or  II,  or  an  analog  thereof,  which is not otherwise
11        included in this subsection.
12        (b)  Any person sentenced with respect to  violations  of
13    paragraph  (1),  (2),  (3),  (6.5),  (6.6),  (7), or (7.5) of
14    subsection (a) involving 100 grams or more of the  controlled
15    substance  named  therein,  may  in addition to the penalties
16    provided therein, be fined an amount not more  than  $500,000
17    or  the  full  street  value of the controlled or counterfeit
18    substance  or  controlled  substance  analog,  whichever   is
19    greater.   The  term  "street  value"  shall have the meaning
20    ascribed in Section 110-5 of the Code of  Criminal  Procedure
21    of  1963.   Any  person  sentenced  with respect to any other
22    provision of subsection (a), may in addition to the penalties
23    provided therein, be fined an amount not to exceed $500,000.
24        (c)  Any person who violates this Section with regard  to
25    the following amounts of controlled or counterfeit substances
26    or  controlled  substance analogs, notwithstanding any of the
27    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
28    to the contrary, is guilty of a Class 1 felony.  The fine for
29    violation of this subsection  (c)  shall  not  be  more  than
30    $250,000:
31             (1)  1  gram  or  more but less than 15 grams of any
32        substance containing heroin, or an analog thereof;
33             (2)  1 gram or more but less than 15  grams  of  any
34        substance containing cocaine, or an analog thereof;
 
SB1468 Enrolled             -9-      LRB093 08544 RLC 08770 b
 1             (3)  10  grams or more but less than 15 grams of any
 2        substance containing morphine, or an analog thereof;
 3             (4)  50 grams or more but less than 200 grams of any
 4        substance containing peyote, or an analog thereof;
 5             (5)  50 grams or more but less than 200 grams of any
 6        substance containing a derivative of barbituric  acid  or
 7        any  of  the salts of a derivative of barbituric acid, or
 8        an analog thereof;
 9             (6)  50 grams or more but less than 200 grams of any
10        substance  containing  amphetamine  or  any  salt  of  an
11        optical isomer of amphetamine, or an analog thereof;
12             (6.5)  5 grams or more but less than 15 grams of any
13        substance  containing  methamphetamine  or  any  salt  or
14        optical isomer of methamphetamine, or an analog thereof;
15             (7)  (i) 5 grams or more but less than 15  grams  of
16        any   substance  containing  lysergic  acid  diethylamide
17        (LSD), or an analog thereof, or (ii) more than 10 objects
18        or more than 10 segregated parts of an object or  objects
19        but less than 15 objects or less than 15 segregated parts
20        of  an  object containing in them or having upon them any
21        amount  of  any  substance   containing   lysergic   acid
22        diethylamide (LSD), or an analog thereof;
23             (7.5) (i)  5 grams or more but less than 15 grams of
24        any substance listed in paragraph (1), (2),  (2.1),  (3),
25        (14.1),  (19),  (20),  (20.1),  (21),  (25),  or  (26) of
26        subsection (d) of Section 204, or an analog or derivative
27        thereof, or (ii) more than 10  pills,  tablets,  caplets,
28        capsules,  or  objects  but  less than 15 pills, tablets,
29        caplets, capsules,  or  objects  containing  in  them  or
30        having  upon  them any  amount of any 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 Section
33        204, or an analog or derivative thereof;
34             (8)  10 grams or more but less than 30 grams of  any
 
SB1468 Enrolled             -10-     LRB093 08544 RLC 08770 b
 1        substance  containing  pentazocine  or  any of the salts,
 2        isomers and salts of isomers of pentazocine, or an analog
 3        thereof;
 4             (9)  10 grams or more but less than 30 grams of  any
 5        substance  containing  methaqualone  or any of the salts,
 6        isomers and salts  of  isomers  of  methaqualone,  or  an
 7        analog thereof;
 8             (10)  10 grams or more but less than 30 grams of any
 9        substance  containing  phencyclidine or any of the salts,
10        isomers and salts of isomers of phencyclidine  (PCP),  or
11        an analog thereof;
12             (10.5)  10  grams  or more but less than 30 grams of
13        any substance containing ketamine or any  of  the  salts,
14        isomers  and  salts  of isomers of ketamine, or an analog
15        thereof;
16             (11)  50 grams or more but less than  200  grams  of
17        any   substance  containing  a  substance  classified  in
18        Schedules I or II, or an analog  thereof,  which  is  not
19        otherwise included in this subsection.
20        (c-5)  Any  person  who violates this Section with regard
21    to possession of any methamphetamine  manufacturing  chemical
22    set  forth  in  paragraph (z-1) of Section 102 with intent to
23    manufacture 15 grams or  more  but  less  than  30  grams  of
24    methamphetamine,   or   salt   of   an   optical   isomer  of
25    methamphetamine or any analog thereof, is guilty of a Class 1
26    felony.  The fine for  violation  of  this  subsection  (c-5)
27    shall not be more than $250,000.
28        (d)  Any  person who violates this Section with regard to
29    any other amount of a  controlled  or  counterfeit  substance
30    classified  in Schedules I or II, or an analog thereof, which
31    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
32    or an analog  thereof,  or  (iii)  any  substance  containing
33    amphetamine  or methamphetamine or any salt or optical isomer
34    of amphetamine or methamphetamine, or an analog  thereof,  is
 
SB1468 Enrolled             -11-     LRB093 08544 RLC 08770 b
 1    guilty  of  a  Class 2 felony. The fine for violation of this
 2    subsection (d) shall not be more than $200,000.
 3        (d-5)  Any person who violates this Section  with  regard
 4    to  possession  of any methamphetamine manufacturing chemical
 5    set forth in paragraph (z-1) of Section 102  with  intent  to
 6    manufacture less than 15 grams of methamphetamine, or salt of
 7    an  optical  isomer of methamphetamine or any analog thereof,
 8    is guilty of a Class 2 felony.  The  fine  for  violation  of
 9    this subsection (d-5) shall not be more than $200,000.
10        (e)  Any  person who violates this Section with regard to
11    any other amount of a  controlled  or  counterfeit  substance
12    classified  in  Schedule I or II, or an analog thereof, which
13    substance is  not  included  under  subsection  (d)  of  this
14    Section,  is  guilty  of  a  Class  3  felony.  The  fine for
15    violation of this subsection  (e)  shall  not  be  more  than
16    $150,000.
17        (f)  Any  person who violates this Section with regard to
18    any other amount of a  controlled  or  counterfeit  substance
19    classified in Schedule III is guilty of a Class 3 felony. The
20    fine  for  violation of this subsection (f) shall not be more
21    than $125,000.
22        (g)  Any person who violates this Section with regard  to
23    any  other  amount  of  a controlled or counterfeit substance
24    classified in Schedule IV is guilty of a Class 3 felony.  The
25    fine  for  violation of this subsection (g) shall not be more
26    than $100,000.
27        (h)  Any person who violates this Section with regard  to
28    any  other  amount  of  a controlled or counterfeit substance
29    classified in Schedule V is guilty of a Class 3  felony.  The
30    fine  for  violation of this subsection (h) shall not be more
31    than $75,000.
32        (i)  This Section does  not  apply  to  the  manufacture,
33    possession or distribution of a substance in conformance with
34    the  provisions  of  an  approved  new drug application or an
 
SB1468 Enrolled             -12-     LRB093 08544 RLC 08770 b
 1    exemption for  investigational  use  within  the  meaning  of
 2    Section 505 of the Federal Food, Drug and Cosmetic Act.
 3        (j)  The  presence  of  any methamphetamine manufacturing
 4    chemical in a sealed, factory imprinted container, including,
 5    but not limited to a bottle, box, or plastic blister package,
 6    at the time of seizure by law  enforcement,  is  prima  facie
 7    evidence  that  the  methamphetamine  manufacturing  chemical
 8    located  within  the  container  is  in  fact the chemical so
 9    described  and  in  the  amount  and  dosage  listed  on  the
10    container.  The factory imprinted container is admissible for
11    a violation of this  Section  for  purposes  of  proving  the
12    contents of the container.
13    (Source:  P.A.  91-336,  eff.  1-1-00;  91-357, eff. 7-29-99;
14    91-403,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-256,  eff.
15    1-1-02; 92-698, eff. 7-19-02.)