HB5516 98TH GENERAL ASSEMBLY

LRB098 18196 RLC 53325 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5516

Introduced , by Rep. Ron Sandack

SYNOPSIS AS INTRODUCED:

720 ILCS 550/9.1 new

Amends the Cannabis Control Act. Creates the offense of criminal cannabis conspiracy. Provides that a person commits the offense when, with the intent that an offense of knowing possession of more than 30 grams of cannabis, or the knowing manufacture, delivery, or possession with the intent to manufacture or deliver more than 10 grams of cannabis, or delivery of more than 2.5 grams of cannabis on school grounds or producing or possessing more than 5 cannabis sativa plants be committed, he or she agrees with another to the commission of that offense. Provides that a person may not be convicted of conspiracy to commit the offense unless an act in furtherance of the agreement is alleged and proved to have been committed by him or her or by a co-conspirator. Establishes penalties which are generally one penalty level higher than for the same offense under the General Conspiracy Statute. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Control Act is amended by adding Section 9.1 as follows:

(720 ILCS 550/9.1 new)

Sec. 9.1. Criminal cannabis conspiracy.

(a) A person commits criminal cannabis conspiracy when, with the intent that an offense set forth in Section 4(d), 4(e), 4(f), 4(g), 5(c), 5(d), 5(e), 5(f), 5(g), 5.2(a), 5.2(b), 5.2(c), 5.2(d), 8(b), 8(c), 8(d), or 8(e) of this Act be committed, he or she agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit the offense unless an act in furtherance of the agreement is alleged and proved to have been committed by him or her or by a co-conspirator.

(b) Co-conspirators. It is not a defense to criminal cannabis conspiracy that the person or persons with whom the accused is alleged to have conspired:

(1) has not been prosecuted or convicted; or

(2) has been convicted of a different offense; or

(3) is not amenable to justice; or

(4) has been acquitted; or

(5) lacked the capacity to commit an offense.

(c) Sentence. A person convicted of criminal cannabis conspiracy may be fined or imprisoned or both, but any term of imprisonment imposed shall not be less than the minimum nor more than the maximum provided for the offense which is the object of the conspiracy.

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