HB5708 98TH GENERAL ASSEMBLY

LRB098 15954 RLC 55596 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5708

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

720 ILCS 550/1	from Ch. 56 1/2, par. 701
720 ILCS 550/4	from Ch. 56 1/2, par. 704
720 ILCS 550/9	from Ch. 56 1/2, par. 709
720 ILCS 550/10	from Ch. 56 1/2, par. 710
725 ILCS 5/111-3.1 new

Amends the Cannabis Control Act. Provides that the knowing possession of not more than 30 grams of any substance containing cannabis is a petty offense charged by a Uniform Cannabis Ticket with a fine of $100 (rather than a Class C misdemeanor for 2.5 grams or less, a Class B misdemeanor for more than 2.5 grams to 10 grams, and a Class A misdemeanor for more than 10 grams to 30 grams). Provides that knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor for a first offense (rather than a Class 4 felony) and a Class 4 felony for a subsequent offense (rather than a Class 3 felony). Amends the Code of Criminal Procedure of 1963. Establishes procedures concerning the Uniform Cannabis Ticket.

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 changing Sections 1, 4, 9, and 10 as follows:

(720 ILCS 550/1) (from Ch. 56 1/2, par. 701)

Sec. 1.

The General Assembly recognizes that (1) the current state of scientific and medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological and sociological damage which is incumbent upon its use; and (2) the use of cannabis occupies the unusual position of being widely used and pervasive among the citizens of Illinois despite its harmful effects; and (2) (3) previous legislation enacted to control or forbid the use of cannabis has often unnecessarily and unrealistically drawn a large segment of our population within the criminal justice system without succeeding in deterring the expansion of cannabis use. It is, therefore, the intent of the General Assembly, in the interest of the health and welfare of the citizens of Illinois, to establish a reasonable penalty system which is responsive to the current state of knowledge concerning cannabis and which directs the greatest efforts of law enforcement agencies toward the commercial traffickers and large-scale purveyors of cannabis. To this end, this Act provides wide latitude in the sentencing discretion of the courts and establishes penalties in a sharply rising progression based on the amount of substances containing cannabis involved in each case.

(Source: P.A. 77-758.)

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. Cannabis possession.

(a) It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:

(1) (a) not more than 30 2.5 grams of any substance containing cannabis is guilty of a petty offense charged by a Uniform Cannabis Ticket and shall be fined $100 Class C misdemeanor;

(2) (blank); (b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(3) (blank); (c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(4) (d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class A misdemeanor 4 felony; provided that if any offense under this paragraph (4) subsection (d) is a subsequent offense, the offender shall be guilty of a Class 4 3 felony;

(5) (e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(6) (f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(7) (g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(Source: P.A. 90-397, eff. 8-15-97.)

(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)

Sec. 9. (a) Any person who engages in a calculated criminal cannabis conspiracy, as defined in subsection (b), is guilty of a Class 3 felony, and fined not more than $200,000 and shall be subject to the forfeitures prescribed in subsection (c); except that, if any person engages in such offense after one or more prior convictions under this Section, Section 4 (a)(4) (d), Section 5 (d), Section 8 (d) or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, in addition to the fine and forfeiture authorized above, he shall be guilty of a Class 1 felony for which an offender may not be sentenced to death.

(b) For purposes of this section, a person engages in a calculated criminal cannabis conspiracy when:

(1) he violates Section 4 (a)(4) (d), 4 (a)(5) (e), 5 (d), 5 (e), 8 (c) or 8 (d) of this Act; and

(2) such violation is a part of a conspiracy undertaken or carried on with 2 or more other persons; and

(3) he obtains anything of value greater than $500 from, or organizes, directs or finances such violation or conspiracy.

(c) Any person who is convicted under this Section of engaging in a calculated criminal cannabis conspiracy shall forfeit to the State of Illinois:

(1) the receipts obtained by him in such conspiracy; and

(2) any of his interests in, claims against, receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.

(d) The circuit court may enter such injunctions, restraining orders, directions, or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property, claim, receipt, right or other interest subject to forfeiture under this Section, as it deems proper.

(Source: P.A. 84-1233.)

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation.

(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possession of a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(d) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other dangerous weapon;

(7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him.

(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(a)(4), 4(c), 4(d), 5(c) or 5(d) of this Act).

(h) Discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 may occur only once with respect to any person.

(i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-164, eff. 1-1-14.)

Section 10. The Code of Criminal Procedure of 1963 is amended by adding Section 111-3.1 as follows:

(725 ILCS 5/111-3.1 new)

Sec. 111-3.1. Uniform Cannabis Ticket.

(a) As used in this Section, "local authorities" means a duly organized State, county, or municipal peace unit or police force.

(b) For violation of paragraph (1) of subsection (a) of Section 4 of the Cannabis Control Act, the local authorities having jurisdiction shall, except as otherwise provided in this Section, charge the violation by a Uniform Cannabis Ticket. A copy of the Uniform Cannabis Ticket shall be sent to the circuit court clerk, within 30 days, but in no event later than 90 days after the violation. The Uniform Cannabis Ticket shall include:

(1) the name and address of the defendant;

(2) the violation charged;

(3) the municipality where the violation occurred or if in an unincorporated area the county where the violation occurred;

(4) the statutory fine for the offense;

(5) the date by which the fine must be paid or plea of not guilty entered by the defendant;

(6) a warning that failure to pay the fine or enter a plea of not guilty by the date set in the Ticket, may result in an order of contempt by the court and shall result in issuance of a warrant of arrest for the defendant; and

(7) a notice that the person may plead guilty and pay the fine to the circuit court clerk or enter a plea of not guilty to the circuit court clerk and request a trial.

(c) A person may not be arrested for an offense subject to charging by a Uniform Cannabis Ticket, except as provided in this subsection. A person may be arrested if:

(1) he or she is in possession of an identification card, license, or other form of identification issued by the federal government, this State or any other state, municipality, or college or university, and fails to produce the identification upon request of a police officer who informs the person that he or she has been found in possession of what appears to the officer to be a violation of paragraph (1) of subsection (a) of Section 4 of the Cannabis Control Act;

(2) he or she is without any form of identification and fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer who has informed the person that the officer intends to issue the person with a Uniform Cannabis Ticket for a violation of paragraph (1) of subsection (a) of Section 4 of the Cannabis Control Act; or

(3) he or she fails to pay the fine or enter a plea of not guilty within the time period set in the Uniform Cannabis Ticket.

(d) The amount of bail for the offense charged by a Uniform Cannabis Ticket shall be the amount as the Illinois Supreme Court may establish by rule.

(e) The copy of the Uniform Cannabis Ticket filed with the circuit court constitutes a complaint to which the defendant may plead, unless he or she specifically requests that a verified complaint be filed.

(f) Except as otherwise provided in this Section, no other fines, fees, penalties, or costs shall be assessed on a plea of guilty to a Uniform Cannabis Ticket.

(g) A defendant who fails to pay the fine or enter a plea of not guilty within the time period set in the Uniform Cannabis Ticket is guilty of a petty offense as provided in the offense charged in the Ticket.

(h) Nothing contained in this Section shall prohibit a unit of local government from enacting an ordinance or bylaw regulating or prohibiting the consumption of cannabis in public places and providing for additional penalties for the public use of cannabis, provided that the penalties are not greater than those for the public consumption of alcohol.

(i) No issuance of a Uniform Cannabis Ticket or entry of a plea of guilty to a Uniform Cannabis Ticket shall be considered a violation of parole, mandatory supervised release, probation, conditional discharge, or supervision.

(j) A violation of paragraph (1) of subsection (a) of Section 4 of the Cannabis Control Act shall not result in the creation of a criminal history record of any kind and no information about the violation shall be maintained in any criminal record or database.