Full Text of SB3120 103rd General Assembly
SB3120 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3120 Introduced 2/2/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: | | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 | 720 ILCS 570/401.1 | from Ch. 56 1/2, par. 1401.1 |
| Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device". |
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 Sections 401 and 401.1 as follows: | 6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) | 7 | | Sec. 401. Manufacture or delivery, or possession with | 8 | | intent to manufacture or deliver, a controlled substance, a | 9 | | counterfeit substance, or controlled substance analog. Except | 10 | | as authorized by this Act, it is unlawful for any person | 11 | | knowingly to manufacture or deliver, or possess with intent to | 12 | | manufacture or deliver, a controlled substance other than | 13 | | methamphetamine and other than bath salts as defined in the | 14 | | Bath Salts Prohibition Act sold or offered for sale in a retail | 15 | | mercantile establishment as defined in Section 16-0.1 of the | 16 | | Criminal Code of 2012, a counterfeit substance, or a | 17 | | controlled substance analog. A violation of this Act with | 18 | | respect to each of the controlled substances listed herein | 19 | | constitutes a single and separate violation of this Act. For | 20 | | purposes of this Section, "controlled substance analog" or | 21 | | "analog" means a substance, other than a controlled substance, | 22 | | which is not approved by the United States Food and Drug | 23 | | Administration or, if approved, is not dispensed or possessed |
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| 1 | | in accordance with State or federal law, and that has a | 2 | | chemical structure substantially similar to that of a | 3 | | controlled substance in Schedule I or II, or that was | 4 | | specifically designed to produce an effect substantially | 5 | | similar to that of a controlled substance in Schedule I or II. | 6 | | Examples of chemical classes in which controlled substance | 7 | | analogs are found include, but are not limited to, the | 8 | | following: phenethylamines, N-substituted piperidines, | 9 | | morphinans, ecgonines, quinazolinones, substituted indoles, | 10 | | and arylcycloalkylamines. For purposes of this Act, a | 11 | | controlled substance analog shall be treated in the same | 12 | | manner as the controlled substance to which it is | 13 | | substantially similar. | 14 | | (a) Any person who violates this Section with respect to | 15 | | the following amounts of controlled or counterfeit substances | 16 | | or controlled substance analogs, notwithstanding any of the | 17 | | provisions of subsections (c), (d), (e), (f), (g) or (h) to the | 18 | | contrary, is guilty of a Class X felony and shall be sentenced | 19 | | to a term of imprisonment as provided in this subsection (a) | 20 | | and fined as provided in subsection (b): | 21 | | (1)(A) not less than 6 years and not more than 30 years | 22 | | with respect to 15 grams or more but less than 100 grams of | 23 | | a substance containing heroin, or an analog thereof; | 24 | | (B) not less than 9 years and not more than 40 years | 25 | | with respect to 100 grams or more but less than 400 grams | 26 | | of a substance containing heroin, or an analog thereof; |
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| 1 | | (C) not less than 12 years and not more than 50 years | 2 | | with respect to 400 grams or more but less than 900 grams | 3 | | of a substance containing heroin, or an analog thereof; | 4 | | (D) not less than 15 years and not more than 60 years | 5 | | with respect to 900 grams or more of any substance | 6 | | containing heroin, or an analog thereof; | 7 | | (1.5)(A) not less than 6 years and not more than 30 | 8 | | years with respect to 15 grams or more but less than 100 | 9 | | grams of a substance containing fentanyl, or an analog | 10 | | thereof; | 11 | | (B) not less than 9 years and not more than 40 years | 12 | | with respect to 100 grams or more but less than 400 grams | 13 | | of a substance containing fentanyl, or an analog thereof; | 14 | | (C) not less than 12 years and not more than 50 years | 15 | | with respect to 400 grams or more but less than 900 grams | 16 | | of a substance containing fentanyl, or an analog thereof; | 17 | | (D) not less than 15 years and not more than 60 years | 18 | | with respect to 900 grams or more of a substance | 19 | | containing fentanyl, or an analog thereof; | 20 | | (2)(A) not less than 6 years and not more than 30 years | 21 | | with respect to 15 grams or more but less than 100 grams of | 22 | | a substance containing cocaine, or an analog thereof; | 23 | | (B) not less than 9 years and not more than 40 years | 24 | | with respect to 100 grams or more but less than 400 grams | 25 | | of a substance containing cocaine, or an analog thereof; | 26 | | (C) not less than 12 years and not more than 50 years |
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| 1 | | with respect to 400 grams or more but less than 900 grams | 2 | | of a substance containing cocaine, or an analog thereof; | 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect to 900 grams or more of any substance | 5 | | containing cocaine, or an analog thereof; | 6 | | (3)(A) not less than 6 years and not more than 30 years | 7 | | with respect to 15 grams or more but less than 100 grams of | 8 | | a substance containing morphine, or an analog thereof; | 9 | | (B) not less than 9 years and not more than 40 years | 10 | | with respect to 100 grams or more but less than 400 grams | 11 | | of a substance containing morphine, or an analog thereof; | 12 | | (C) not less than 12 years and not more than 50 years | 13 | | with respect to 400 grams or more but less than 900 grams | 14 | | of a substance containing morphine, or an analog thereof; | 15 | | (D) not less than 15 years and not more than 60 years | 16 | | with respect to 900 grams or more of a substance | 17 | | containing morphine, or an analog thereof; | 18 | | (4) 200 grams or more of any substance containing | 19 | | peyote, or an analog thereof; | 20 | | (5) 200 grams or more of any substance containing a | 21 | | derivative of barbituric acid or any of the salts of a | 22 | | derivative of barbituric acid, or an analog thereof; | 23 | | (6) 200 grams or more of any substance containing | 24 | | amphetamine or any salt of an optical isomer of | 25 | | amphetamine, or an analog thereof; | 26 | | (6.5) (blank); |
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| 1 | | (6.6) (blank); | 2 | | (7)(A) not less than 6 years and not more than 30 years | 3 | | with respect to: (i) 15 grams or more but less than 100 | 4 | | grams of a substance containing lysergic acid diethylamide | 5 | | (LSD), or an analog thereof, or (ii) 15 or more objects or | 6 | | 15 or more segregated parts of an object or objects but | 7 | | less than 200 objects or 200 segregated parts of an object | 8 | | or objects containing in them or having upon them any | 9 | | amounts of any substance containing lysergic acid | 10 | | diethylamide (LSD), or an analog thereof; | 11 | | (B) not less than 9 years and not more than 40 years | 12 | | with respect to: (i) 100 grams or more but less than 400 | 13 | | grams of a substance containing lysergic acid diethylamide | 14 | | (LSD), or an analog thereof, or (ii) 200 or more objects or | 15 | | 200 or more segregated parts of an object or objects but | 16 | | less than 600 objects or less than 600 segregated parts of | 17 | | an object or objects containing in them or having upon | 18 | | them any amount of any substance containing lysergic acid | 19 | | diethylamide (LSD), or an analog thereof; | 20 | | (C) not less than 12 years and not more than 50 years | 21 | | with respect to: (i) 400 grams or more but less than 900 | 22 | | grams of a substance containing lysergic acid diethylamide | 23 | | (LSD), or an analog thereof, or (ii) 600 or more objects or | 24 | | 600 or more segregated parts of an object or objects but | 25 | | less than 1500 objects or 1500 segregated parts of an | 26 | | object or objects containing in them or having upon them |
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| 1 | | any amount of any substance containing lysergic acid | 2 | | diethylamide (LSD), or an analog thereof; | 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect to: (i) 900 grams or more of any substance | 5 | | containing lysergic acid diethylamide (LSD), or an analog | 6 | | thereof, or (ii) 1500 or more objects or 1500 or more | 7 | | segregated parts of an object or objects containing in | 8 | | them or having upon them any amount of a substance | 9 | | containing lysergic acid diethylamide (LSD), or an analog | 10 | | thereof; | 11 | | (7.5)(A) not less than 6 years and not more than 30 years | 12 | | with respect to: (i) 15 grams or more but less than 100 | 13 | | grams of a substance listed in paragraph (1), (2), (2.1), | 14 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 15 | | (26) of subsection (d) of Section 204, or an analog or | 16 | | derivative thereof, or (ii) 15 or more pills, tablets, | 17 | | caplets, capsules, or objects but less than 200 pills, | 18 | | tablets, caplets, capsules, or objects containing in them | 19 | | or having upon them any amounts of any substance listed in | 20 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 21 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 22 | | 204, or an analog or derivative thereof; | 23 | | (B) not less than 9 years and not more than 40 years | 24 | | with respect to: (i) 100 grams or more but less than 400 | 25 | | grams of a substance listed in paragraph (1), (2), (2.1), | 26 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
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| 1 | | (26) of subsection (d) of Section 204, or an analog or | 2 | | derivative thereof, or (ii) 200 or more pills, tablets, | 3 | | caplets, capsules, or objects but less than 600 pills, | 4 | | tablets, caplets, capsules, or objects containing in them | 5 | | or having upon them any amount of any substance listed in | 6 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 7 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 8 | | 204, or an analog or derivative thereof; | 9 | | (C) not less than 12 years and not more than 50 years | 10 | | with respect to: (i) 400 grams or more but less than 900 | 11 | | grams of a substance listed in paragraph (1), (2), (2.1), | 12 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 13 | | (26) of subsection (d) of Section 204, or an analog or | 14 | | derivative thereof, or (ii) 600 or more pills, tablets, | 15 | | caplets, capsules, or objects but less than 1,500 pills, | 16 | | tablets, caplets, capsules, or objects containing in them | 17 | | or having upon them any amount of any substance listed in | 18 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 19 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 20 | | 204, or an analog or derivative thereof; | 21 | | (D) not less than 15 years and not more than 60 years | 22 | | with respect to: (i) 900 grams or more of any substance | 23 | | listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), | 24 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 25 | | of Section 204, or an analog or derivative thereof, or | 26 | | (ii) 1,500 or more pills, tablets, caplets, capsules, or |
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| 1 | | objects containing in them or having upon them any amount | 2 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), | 3 | | (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of | 4 | | subsection (d) of Section 204, or an analog or derivative | 5 | | thereof; | 6 | | (8) 30 grams or more of any substance containing | 7 | | pentazocine or any of the salts, isomers and salts of | 8 | | isomers of pentazocine, or an analog thereof; | 9 | | (9) 30 grams or more of any substance containing | 10 | | methaqualone or any of the salts, isomers and salts of | 11 | | isomers of methaqualone, or an analog thereof; | 12 | | (10) 30 grams or more of any substance containing | 13 | | phencyclidine or any of the salts, isomers and salts of | 14 | | isomers of phencyclidine (PCP), or an analog thereof; | 15 | | (10.5) 30 grams or more of any substance containing | 16 | | ketamine or any of the salts, isomers and salts of isomers | 17 | | of ketamine, or an analog thereof; | 18 | | (10.6) 100 grams or more of any substance containing | 19 | | hydrocodone, or any of the salts, isomers and salts of | 20 | | isomers of hydrocodone, or an analog thereof; | 21 | | (10.7) (blank); | 22 | | (10.8) 100 grams or more of any substance containing | 23 | | dihydrocodeine, or any of the salts, isomers and salts of | 24 | | isomers of dihydrocodeine, or an analog thereof; | 25 | | (10.9) 100 grams or more of any substance containing | 26 | | oxycodone, or any of the salts, isomers and salts of |
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| 1 | | isomers of oxycodone, or an analog thereof; | 2 | | (11) 200 grams or more of any substance containing any | 3 | | other controlled substance classified in Schedules I or | 4 | | II, or an analog thereof, which is not otherwise included | 5 | | in this subsection. | 6 | | (b) Any person sentenced with respect to violations of | 7 | | paragraph (1), (2), (3), (7), or (7.5) of subsection (a) | 8 | | involving 100 grams or more of the controlled substance named | 9 | | therein, may in addition to the penalties provided therein, be | 10 | | fined an amount not more than $500,000 or the full street value | 11 | | of the controlled or counterfeit substance or controlled | 12 | | substance analog, whichever is greater. The term "street | 13 | | value" shall have the meaning ascribed in Section 110-5 of the | 14 | | Code of Criminal Procedure of 1963. Any person sentenced with | 15 | | respect to any other provision of subsection (a), may in | 16 | | addition to the penalties provided therein, be fined an amount | 17 | | not to exceed $500,000. | 18 | | (b-1) Excluding violations of this Act when the controlled | 19 | | substance is fentanyl, any person sentenced to a term of | 20 | | imprisonment with respect to violations of Section 401, 401.1, | 21 | | 405, 405.1, 405.2, or 407, when the substance containing the | 22 | | controlled substance contains any amount of fentanyl, 3 years | 23 | | shall be added to the term of imprisonment imposed by the | 24 | | court, and the maximum sentence for the offense shall be | 25 | | increased by 3 years. | 26 | | (c) Any person who violates this Section with regard to |
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| 1 | | the following amounts of controlled or counterfeit substances | 2 | | or controlled substance analogs, notwithstanding any of the | 3 | | provisions of subsections (a), (b), (d), (e), (f), (g) or (h) | 4 | | to the contrary, is guilty of a Class 1 felony. The fine for | 5 | | violation of this subsection (c) shall not be more than | 6 | | $250,000: | 7 | | (1) 1 gram or more but less than 15 grams of any | 8 | | substance containing heroin, or an analog thereof; | 9 | | (1.5) 1 gram or more but less than 15 grams of any | 10 | | substance containing fentanyl, or an analog thereof; | 11 | | (2) 1 gram or more but less than 15 grams of any | 12 | | substance containing cocaine, or an analog thereof; | 13 | | (3) 10 grams or more but less than 15 grams of any | 14 | | substance containing morphine, or an analog thereof; | 15 | | (4) 50 grams or more but less than 200 grams of any | 16 | | substance containing peyote, or an analog thereof; | 17 | | (5) 50 grams or more but less than 200 grams of any | 18 | | substance containing a derivative of barbituric acid or | 19 | | any of the salts of a derivative of barbituric acid, or an | 20 | | analog thereof; | 21 | | (6) 50 grams or more but less than 200 grams of any | 22 | | substance containing amphetamine or any salt of an optical | 23 | | isomer of amphetamine, or an analog thereof; | 24 | | (6.5) (blank); | 25 | | (7)(i) 5 grams or more but less than 15 grams of any | 26 | | substance containing lysergic acid diethylamide (LSD), or |
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| 1 | | an analog thereof, or (ii) more than 10 objects or more | 2 | | than 10 segregated parts of an object or objects but less | 3 | | than 15 objects or less than 15 segregated parts of an | 4 | | object containing in them or having upon them any amount | 5 | | of any substance containing lysergic acid diethylamide | 6 | | (LSD), or an analog thereof; | 7 | | (7.5)(i) 5 grams or more but less than 15 grams of any | 8 | | substance listed in paragraph (1), (2), (2.1), (2.2), (3), | 9 | | (14.1), (19), (20), (20.1), (21), (25), or (26) of | 10 | | subsection (d) of Section 204, or an analog or derivative | 11 | | thereof, or (ii) more than 10 pills, tablets, caplets, | 12 | | capsules, or objects but less than 15 pills, tablets, | 13 | | caplets, capsules, or objects containing in them or having | 14 | | upon them any amount of any substance listed in paragraph | 15 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | 16 | | (21), (25), or (26) of subsection (d) of Section 204, or an | 17 | | analog or derivative thereof; | 18 | | (8) 10 grams or more but less than 30 grams of any | 19 | | substance containing pentazocine or any of the salts, | 20 | | isomers and salts of isomers of pentazocine, or an analog | 21 | | thereof; | 22 | | (9) 10 grams or more but less than 30 grams of any | 23 | | substance containing methaqualone or any of the salts, | 24 | | isomers and salts of isomers of methaqualone, or an analog | 25 | | thereof; | 26 | | (10) 10 grams or more but less than 30 grams of any |
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| 1 | | substance containing phencyclidine or any of the salts, | 2 | | isomers and salts of isomers of phencyclidine (PCP), or an | 3 | | analog thereof; | 4 | | (10.5) 10 grams or more but less than 30 grams of any | 5 | | substance containing ketamine or any of the salts, isomers | 6 | | and salts of isomers of ketamine, or an analog thereof; | 7 | | (10.6) 50 grams or more but less than 100 grams of any | 8 | | substance containing hydrocodone, or any of the salts, | 9 | | isomers and salts of isomers of hydrocodone, or an analog | 10 | | thereof; | 11 | | (10.7) (blank); | 12 | | (10.8) 50 grams or more but less than 100 grams of any | 13 | | substance containing dihydrocodeine, or any of the salts, | 14 | | isomers and salts of isomers of dihydrocodeine, or an | 15 | | analog thereof; | 16 | | (10.9) 50 grams or more but less than 100 grams of any | 17 | | substance containing oxycodone, or any of the salts, | 18 | | isomers and salts of isomers of oxycodone, or an analog | 19 | | thereof; | 20 | | (11) 50 grams or more but less than 200 grams of any | 21 | | substance containing a substance classified in Schedules I | 22 | | or II, or an analog thereof, which is not otherwise | 23 | | included in this subsection. | 24 | | (c-5) (Blank). | 25 | | (d) Any person who violates this Section with regard to | 26 | | any other amount of a controlled or counterfeit substance |
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| 1 | | containing dihydrocodeine or classified in Schedules I or II, | 2 | | or an analog thereof, which is (i) a narcotic drug, (ii) | 3 | | lysergic acid diethylamide (LSD) or an analog thereof, (iii) | 4 | | any substance containing amphetamine or fentanyl or any salt | 5 | | or optical isomer of amphetamine or fentanyl, or an analog | 6 | | thereof, or (iv) any substance containing N-Benzylpiperazine | 7 | | (BZP) or any salt or optical isomer of N-Benzylpiperazine | 8 | | (BZP), or an analog thereof, is guilty of a Class 2 felony. The | 9 | | fine for violation of this subsection (d) shall not be more | 10 | | than $200,000. | 11 | | (d-1) In addition to any other penalties provided by law, | 12 | | a person unlawfully selling or dispensing any scheduled drug | 13 | | containing a detectable amount of fentanyl is guilty of a | 14 | | Class X felony and shall be sentenced to a term of imprisonment | 15 | | of not less than 9 years and not more than 40 years or fined | 16 | | not more than $250,000, or both. | 17 | | (d-5) (Blank). | 18 | | (e) Any person who violates this Section with regard to | 19 | | any other amount of a controlled substance other than | 20 | | methamphetamine or counterfeit substance classified in | 21 | | Schedule I or II, or an analog thereof, which substance is not | 22 | | included under subsection (d) of this Section, is guilty of a | 23 | | Class 3 felony. The fine for violation of this subsection (e) | 24 | | shall not be more than $150,000. | 25 | | (f) Any person who violates this Section with regard to | 26 | | any other amount of a controlled or counterfeit substance |
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| 1 | | classified in Schedule III is guilty of a Class 3 felony. The | 2 | | fine for violation of this subsection (f) shall not be more | 3 | | than $125,000. | 4 | | (g) Any person who violates this Section with regard to | 5 | | any other amount of a controlled or counterfeit substance | 6 | | classified in Schedule IV is guilty of a Class 3 felony. The | 7 | | fine for violation of this subsection (g) shall not be more | 8 | | than $100,000. | 9 | | (h) Any person who violates this Section with regard to | 10 | | any other amount of a controlled or counterfeit substance | 11 | | classified in Schedule V is guilty of a Class 3 felony. The | 12 | | fine for violation of this subsection (h) shall not be more | 13 | | than $75,000. | 14 | | (i) This Section does not apply to the manufacture, | 15 | | possession or distribution of a substance in conformance with | 16 | | the provisions of an approved new drug application or an | 17 | | exemption for investigational use within the meaning of | 18 | | Section 505 of the Federal Food, Drug and Cosmetic Act. | 19 | | (j) (Blank). | 20 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | 21 | | 100-368, eff. 1-1-18 .) | 22 | | (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1) | 23 | | Sec. 401.1. Controlled Substance Trafficking. | 24 | | (a) Except for purposes as authorized by this Act, any | 25 | | person who knowingly brings or causes to be brought into this |
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| 1 | | State for the purpose of manufacture or delivery or with the | 2 | | intent to manufacture or deliver a controlled substance other | 3 | | than methamphetamine or counterfeit substance in this or any | 4 | | other state or country is guilty of controlled substance | 5 | | trafficking. | 6 | | (b) A person convicted of controlled substance trafficking | 7 | | shall be sentenced to a term of imprisonment not less than | 8 | | twice the minimum term and fined an amount as authorized by | 9 | | Section 401 of this Act, based upon the amount of controlled or | 10 | | counterfeit substance brought or caused to be brought into | 11 | | this State, and not more than twice the maximum term of | 12 | | imprisonment and fined twice the amount as authorized by | 13 | | Section 401 of this Act, based upon the amount of controlled or | 14 | | counterfeit substance brought or caused to be brought into | 15 | | this State. | 16 | | (c) It shall be a Class 2 felony for which a fine not to | 17 | | exceed $100,000 may be imposed for any person to knowingly use | 18 | | a cellular radio telecommunication device in the furtherance | 19 | | of controlled substance trafficking. This penalty shall be in | 20 | | addition to any other penalties imposed by law. | 21 | | (d) It shall be a Class 1 felony for which a fine not to | 22 | | exceed $100,000 may be imposed for any person to knowingly use | 23 | | an electronic communication device in the furtherance of | 24 | | controlled substance trafficking involving a substance | 25 | | containing any amount of fentanyl. This penalty shall be in | 26 | | addition to any other penalties imposed by law. For purposes |
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| 1 | | of this subsection (d): | 2 | | "Computer" has the meaning ascribed to it in Section | 3 | | 17-0.5 of the Criminal Code of 2012. | 4 | | "Electronic communication device" means an electronic | 5 | | device, including, but not limited to, a wireless telephone, | 6 | | personal digital assistant, or a portable or mobile computer, | 7 | | that is capable of transmitting images or pictures. | 8 | | (Source: P.A. 94-556, eff. 9-11-05.) |
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