093_HB2977eng

 
HB2977 Engrossed                     LRB093 06910 RLC 07056 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 adding Section 407.3 as follows:

 6        (720 ILCS 570/407.3 new)
 7        Sec. 407.3.  Use  of  a  child  to  commit  a  controlled
 8    substance offense.
 9        (a) In this Section:
10        "Child" means a person less than 17 years of age.
11        "Uses a child to effectuate the felony delivery or felony
12    attempted delivery of the controlled substance" means conduct
13    by which the defendant: (1) conceals the controlled substance
14    on  or  about the body or person of the child for the purpose
15    of effectuating the criminal delivery or  attempted  delivery
16    of  the  controlled  substance  to  a  third  person;  or (2)
17    directs, forces or otherwise requires the child to deliver or
18    attempt  to  deliver  or  offer  direct  assistance  to   the
19    defendant   in   delivering  or  attempting  to  deliver  the
20    controlled substance to a third person.
21        (b) A person commits the offense of use  of  a  child  to
22    commit  a  controlled  substance offense when he or she is 17
23    years of age or over and commits a felony delivery or  felony
24    attempted  delivery of a controlled substance in violation of
25    this Act and, as part of that criminal transaction, knowingly
26    uses a child to effectuate  the  felony  delivery  or  felony
27    attempted delivery of the controlled substance.
28        (c)  Sentence.  Use  of  a  child  to commit a controlled
29    substance offense is a Class 4 felony.

30        Section 99. Effective date. This Act  takes  effect  upon
 
HB2977 Engrossed            -2-      LRB093 06910 RLC 07056 b
 1    becoming law.