SB3469 EngrossedLRB098 18186 RLC 53315 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 411 as follows:
 
6    (720 ILCS 570/411)  (from Ch. 56 1/2, par. 1411)
7    Sec. 411. In determining the appropriate sentence for any
8conviction under this Act, the sentencing court may consider
9the following as indicative of the type of offenses which the
10legislature deems most damaging to the peace and welfare of the
11citizens of Illinois and which warrants the most severe
12penalties:
13        (1) the unlawful delivery of the most highly toxic
14    controlled substances, as reflected by their inclusion in
15    Schedule I or II of this Act;
16        (2) offenses involving unusually large quantities of
17    controlled substances, as measured by their wholesale
18    value at the time of the offense;
19        (3) the unlawful delivery of controlled substances by a
20    non-user to a user of controlled substances;
21        (4) non-possessory offenses by persons who have no
22    other visible means of support;
23        (5) offenses involving the large-scale manufacture of

 

 

SB3469 Engrossed- 2 -LRB098 18186 RLC 53315 b

1    controlled substances;
2        (6) offenses which indicate any immediate involvement
3    whatsoever with organized crime in terms of the controlled
4    substance's manufacture, importation, or volume
5    distribution;
6        (7) the manufacture for, or the delivery of controlled
7    substances to persons 3 years or more junior to the
8    person(s) convicted under this Act;
9        (8) the unlawful delivery of anabolic steroids by an
10    athletic trainer, coach, or health club personnel;
11        (9) the possession, delivery, or manufacture of
12    controlled substances or cannabis in the presence of a
13    child under 17 years of age; .
14        (10) the transportation of controlled substances from
15    one county in this State into another county in this State
16    or from one state into this State.
17    Nothing in this section shall be construed as limiting in
18any way the discretion of the court to impose any sentence
19authorized by this Act.
20(Source: P.A. 94-172, eff. 1-1-06.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.