HB6878 93RD GENERAL ASSEMBLY

LRB093 17970 RLC 43653 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6878

Introduced 02/09/04, by Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

720 ILCS 550/5.3 new
720 ILCS 570/407.3 new

Amends the Cannabis Control Act. Creates the offense of illegal transmission of cannabis information by the Internet. Provides that it is a Class A misdemeanor to transmit information about cannabis by the Internet to a specific individual with the intent that the information will be used by that individual in furtherance of illegal activity. Amends the Illinois Controlled Substances Act. Creates the offense of illegal transmission of controlled substance information by the Internet. Provides that it is a Class A misdemeanor to transmit information by the Internet about a controlled substance to a specific individual with the intent that the information will be used by that individual in furtherance of illegal activity. Exempts a library that provides Internet access and is unaware of the transmission made by the library patron who uses a library computer to access the Internet.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to the transmission of drug information by the Internet.

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 5.3 as follows:

(720 ILCS 550/5.3 new)

Sec. 5.3. Illegal transmission of cannabis information by the Internet.

(a) A person commits the offense of illegal transmission of cannabis information by the Internet when he or she transmits information about cannabis by the Internet to a specific individual with the intent that the information will be used by that individual in furtherance of illegal activity.

(b) Illegal transmission of cannabis information by the Internet is a Class A misdemeanor.

(c) In this Section:

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Access" and "computer" have the meanings ascribed to them in Section 16D-2 of the Criminal Code of 1961.

(d) It is not a violation of this Section for an employee of a public library or a library of an institution of higher learning to provide a person access to Internet services through the library's computer network or the library's computer if, without knowledge by the employee of the library, the patron of the library transmits, by use of the library's computer access to the Internet, information in violation of this Section.

Section 10. The Illinois Controlled Substances Act is amended by adding Section 407.3 as follows:

(720 ILCS 570/407.3 new)

Sec. 407.3. Illegal transmission of controlled substance information by the Internet.

(a) A person commits the offense of illegal transmission of controlled substance information by the Internet when he or she transmits information about a controlled substance by the Internet to a specific individual with the intent that the information will be used by that individual in furtherance of illegal activity.

(b) Illegal transmission of controlled substance information by the Internet is a Class A misdemeanor.

(c) In this Section:

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Access" and "computer" have the meanings ascribed to them in Section 16D-2 of the Criminal Code of 1961.

(d) It is not a violation of this Section for an employee of a public library or a library of an institution of higher learning to provide a person access to Internet services through the library's computer network or the library's computer if, without knowledge by the employee of the library, the patron of the library transmits, by use of the library's computer access to the Internet, information in violation of this Section.