093_HB2843eng

 
HB2843 Engrossed                     LRB093 06698 RLC 06832 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 405.3 as follows:

 6        (720 ILCS 570/405.3 new)
 7        Sec.   405.3.   Criminal   synthetic  drug  manufacturing
 8    conspiracy.
 9        (a)   A   person   commits   criminal   synthetic    drug
10    manufacturing   conspiracy  when,  with  the  intent  that  a
11    controlled substance be manufactured or produced in violation
12    of any provision of Section 401, 402, 406.1, or  407,  he  or
13    she  aids  in  the  manufacture  or production of a synthetic
14    controlled substance. No person may be convicted of  criminal
15    synthetic  drug  manufacturing  conspiracy  unless  an act in
16    furtherance to aid in the  manufacture  or  production  of  a
17    synthetic  controlled substance is alleged and proved to have
18    been committed by the person or a co-conspirator.
19        (b) Aiding in the manufacture of a  synthetic  controlled
20    substance    may    be   accomplished   by:   (1)   providing
21    methamphetamine    manufacturing    chemicals,    precursors,
22    essential ingredients, or apparatus required to  produce  the
23    synthetic  controlled substance; or (2) permitting the use of
24    any structure  for  the  purpose  of  the  manufacture  of  a
25    synthetic controlled substance.
26        (c)  Apparatus  required  to  manufacture  the  synthetic
27    controlled  substance  may  include  laboratory glassware and
28    apparatus or other common or household items used or modified
29    for use  in  the  manufacture  of  the  synthetic  controlled
30    substance.
31        (d)   In  this  Section,  "structure"  means  any  house,
 
HB2843 Engrossed            -2-      LRB093 06698 RLC 06832 b
 1    apartment building, shop, barn, warehouse, building,  vessel,
 2    railroad  car,  cargo  container,  motor  vehicle,  housecar,
 3    trailer,   trailer   coach,   camper,  mine,  floating  home,
 4    watercraft, any structure capable of  holding  a  clandestine
 5    laboratory or any real property.
 6        (e)  It is not a defense to conspiracy that the person or
 7    persons with whom the accused is alleged to have conspired:
 8             (1) have not been prosecuted or convicted; or
 9             (2) have been convicted of a different offense; or
10             (3) are not amenable to justice; or
11             (4) have been acquitted; or
12             (5) lacked the capacity to commit the offense.
13        (f) Sentence. A person convicted  of  criminal  synthetic
14    drug  manufacturing  conspiracy may be fined or imprisoned or
15    both, but any fines or term of imprisonment imposed  may  not
16    be  less  than the minimum nor more than the maximum provided
17    for the offense that is the object of the conspiracy.

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