SB3469eng 98TH GENERAL ASSEMBLY

SB3469 Engrossed LRB098 18186 RLC 53315 b

AN ACT concerning criminal law.

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

Section 5. The Illinois Controlled Substances Act is amended by changing Section 411 as follows:

(720 ILCS 570/411) (from Ch. 56 1/2, par. 1411)

Sec. 411. In determining the appropriate sentence for any conviction under this Act, the sentencing court may consider the following as indicative of the type of offenses which the legislature deems most damaging to the peace and welfare of the citizens of Illinois and which warrants the most severe penalties:

(1) the unlawful delivery of the most highly toxic controlled substances, as reflected by their inclusion in Schedule I or II of this Act;

(2) offenses involving unusually large quantities of controlled substances, as measured by their wholesale value at the time of the offense;

(3) the unlawful delivery of controlled substances by a non-user to a user of controlled substances;

(4) non-possessory offenses by persons who have no other visible means of support;

(5) offenses involving the large-scale manufacture of controlled substances;

(6) offenses which indicate any immediate involvement whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution;

(7) the manufacture for, or the delivery of controlled substances to persons 3 years or more junior to the person(s) convicted under this Act;

(8) the unlawful delivery of anabolic steroids by an athletic trainer, coach, or health club personnel;

(9) the possession, delivery, or manufacture of controlled substances or cannabis in the presence of a child under 17 years of age; .

(10) the transportation of controlled substances from one county in this State into another county in this State or from one state into this State.

Nothing in this section shall be construed as limiting in any way the discretion of the court to impose any sentence authorized by this Act.

(Source: P.A. 94-172, eff. 1-1-06.)

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