Full Text of SB0562 94th General Assembly
SB0562eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning methamphetamine.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Methamphetamine Control and Community Protection Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to reduce | 7 |
| the damage that the manufacture and use of methamphetamine is | 8 |
| inflicting on families, communities, businesses, the economy, | 9 |
| and the environment in Illinois. In passing this Act, the | 10 |
| General Assembly finds that methamphetamine is fundamentally | 11 |
| different than other drugs regulated by the Illinois Controlled | 12 |
| Substances Act. In particular, the General Assembly finds that | 13 |
| the extraordinary harms relating to methamphetamine stem not | 14 |
| only from the use of the drug in this State, but also | 15 |
| significantly from the manufacture of the drug in this State. | 16 |
| Section 10. Definitions. | 17 |
| "Anhydrous ammonia" has the meaning provided in subsection | 18 |
| (d) of Section 3 of the Illinois Fertilizer Act of 1961. | 19 |
| "Anhydrous ammonia equipment" means all items used to | 20 |
| store, hold, contain, handle, transfer, transport, or apply | 21 |
| anhydrous ammonia for lawful purposes. | 22 |
| "Blister pack" means a unit dose package commonly | 23 |
| constructed from a formed cavity containing one or more | 24 |
| individual doses. | 25 |
| "Booby trap" means any device designed to cause physical | 26 |
| injury when triggered by an act of a person approaching, | 27 |
| entering, or moving through a structure, a vehicle, or any | 28 |
| location where methamphetamine has been or is being | 29 |
| manufactured. | 30 |
| "Deliver" or "delivery" has the meaning provided in | 31 |
| subsection (h) of Section 102 of the Illinois Controlled |
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| Substances Act. | 2 |
| "Dispose" or "disposal" means to abandon, discharge, | 3 |
| release, deposit, inject, dump, spill, leak, or place | 4 |
| methamphetamine waste onto or into any land, water, well, or | 5 |
| receptacle of any type so that the waste has the potential to | 6 |
| enter the environment, be emitted into the air, or be | 7 |
| discharged into the soil or any waters, including groundwater. | 8 |
| "Emergency response" means the act of collecting evidence, | 9 |
| securing a methamphetamine laboratory site, and cleaning up the | 10 |
| methamphetamine site, whether these actions are performed by | 11 |
| public entities or private contractors paid by public entities. | 12 |
| "Emergency service provider" means a local, state, or | 13 |
| federal peace officer, firefighter, emergency medical | 14 |
| technician-ambulance, emergency | 15 |
| medical-technician-intermediate, emergency medical | 16 |
| technician-paramedic, ambulance driver or other medical or | 17 |
| first aid personnel rendering aid. | 18 |
| "Firearm" has the definition provided in Section 1.1 of the | 19 |
| Firearm Owners Identification Card Act. | 20 |
| "Manufacture" means to produce, prepare, compound, | 21 |
| convert, process, synthesize, concentrate, purify, separate, | 22 |
| or extract any methamphetamine, methamphetamine precursor, | 23 |
| methamphetamine manufacturing reagent, methamphetamine | 24 |
| manufacturing solvent, or any substance containing any one of | 25 |
| these. | 26 |
| "Methamphetamine" means the chemical methamphetamine, or | 27 |
| the salt of an optical isomer thereof, or an analog thereof. | 28 |
| "Methamphetamine manufacturing environment" means a | 29 |
| structure or vehicle in which: | 30 |
| (A) methamphetamine is being or has been manufactured; | 31 |
| (B) chemicals that are being used, have been used, or | 32 |
| are intended to be used to manufacture methamphetamine are | 33 |
| stored; | 34 |
| (C) methamphetamine manufacturing materials that have | 35 |
| been used to manufacture methamphetamine are stored; | 36 |
| (D) methamphetamine manufacturing waste is stored. |
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| "Methamphetamine manufacturing material" means any | 2 |
| methamphetamine precursor, substance containing a | 3 |
| methamphetamine precursor, methamphetamine manufacturing | 4 |
| solvent, methamphetamine manufacturing reagent, or other | 5 |
| chemical, substance, ingredient, equipment, apparatus, or item | 6 |
| that is being used, has been used, or is intended to be used in | 7 |
| the manufacture of methamphetamine. | 8 |
| "Methamphetamine manufacturing reagent" means any | 9 |
| substance that reacts with one or more methamphetamine | 10 |
| precursors, but does not become a substantial part of the | 11 |
| finished methamphetamine product. | 12 |
| "Methamphetamine manufacturing solvent" means any | 13 |
| substance that helps mix or combine chemicals, cool reactions, | 14 |
| or clean or purify finished methamphetamine that does not react | 15 |
| chemically with any methamphetamine precursor or | 16 |
| methamphetamine manufacturing reagent and does not become a | 17 |
| substantial part of the finished methamphetamine. The term | 18 |
| "methamphetamine manufacturing solvent" encompasses, but is | 19 |
| not limited to, anhydrous ammonia. | 20 |
| "Methamphetamine manufacturing waste" means any chemical, | 21 |
| substance, ingredient, equipment, apparatus, or item that | 22 |
| results from or is produced by the process of manufacturing | 23 |
| methamphetamine, including but not limited to any solid, | 24 |
| semisolid, liquid, or contained gaseous material or article, or | 25 |
| any container, packaging, or equipment. | 26 |
| "Methamphetamine precursor" means ephedrine, | 27 |
| pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | 28 |
| phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | 29 |
| isomer, or salt of optical isomer of any of these chemicals. | 30 |
| "Multi-unit dwelling" means a unified structure used or | 31 |
| intended for use as a habitation, home, or residence that | 32 |
| contains two or more condominiums, apartments, hotel rooms, | 33 |
| motel rooms, or other independent living units. | 34 |
| "Package" means an item marked for retail sale that is not | 35 |
| designed to be further broken down or subdivided for the | 36 |
| purpose of retail sale. |
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| "Procure" means to purchase, steal, or otherwise obtain | 2 |
| methamphetamine manufacturing materials by legal or illegal | 3 |
| means. | 4 |
| "Standard pill form", as used in relation to any | 5 |
| methamphetamine precursor, means that the methamphetamine | 6 |
| precursor in question is contained in a tablet, capsule, | 7 |
| caplet, or similar product that has been manufactured by a | 8 |
| lawful entity and contains a standard quantity of | 9 |
| methamphetamine precursor. | 10 |
| "Unauthorized container", as used in relation to anhydrous | 11 |
| ammonia, means any container that is not designed for the | 12 |
| specific and sole purpose of holding, storing, transporting, or | 13 |
| applying anhydrous ammonia. The term "unauthorized container" | 14 |
| includes, but is not limited to, any propane tank, fire | 15 |
| extinguisher, oxygen cylinder, gasoline can, food or beverage | 16 |
| cooler, or compressed gas cylinder used in dispensing fountain | 17 |
| drinks. The term "unauthorized container" does not encompass | 18 |
| anhydrous ammonia manufacturing plants, refrigeration systems | 19 |
| where anhydrous ammonia is used solely as a refrigerant, | 20 |
| anhydrous ammonia transportation pipelines, or anhydrous | 21 |
| ammonia barges. | 22 |
| Section 15. Rule of evidence. The presence of any | 23 |
| methamphetamine precursor in a sealed, factory imprinted | 24 |
| container, including, but not limited to a bottle, box, | 25 |
| package, or blister pack, at the time of seizure by law | 26 |
| enforcement, is prima facie evidence that the methamphetamine | 27 |
| precursor located within the container is in fact the material | 28 |
| so described and in the amount listed on the container. The | 29 |
| factory imprinted container is admissible for a violation of | 30 |
| this Act for purposes of proving the contents of the container. | 31 |
| Section 20. Excluded activities. This Act does not apply to | 32 |
| the activities of the following: | 33 |
| (a) Law enforcement agencies, environmental agencies, or | 34 |
| other agencies of government with legal authorization to |
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| conduct such activities; | 2 |
| (b) Public or private research institutions, corporations, | 3 |
| or other entities with legal authorization to conduct such | 4 |
| activities; | 5 |
| (c) Hospitals, clinics, medical practices, and other | 6 |
| entities involved in the provision of health care with legal | 7 |
| authorization to conduct such activities; | 8 |
| (d) Pharmaceutical manufacturers, pharmacists, retailers, | 9 |
| and other entities involved in the manufacture and distribution | 10 |
| of health care products with legal authorization to conduct | 11 |
| such activities; | 12 |
| (e) The employees of any of the entities just listed, | 13 |
| provided they are engaged in legitimate activities within the | 14 |
| scope of their employment; or | 15 |
| (f) The agents of any of the entities just listed, provided | 16 |
| they are engaged in legitimate activities within the scope of | 17 |
| their agency. | 18 |
| Section 25. Methamphetamine manufacturing. | 19 |
| (a) Methamphetamine manufacturing. | 20 |
| (1) It is unlawful knowingly to engage in the | 21 |
| manufacture of methamphetamine or a substance containing | 22 |
| methamphetamine, regardless of whether the manufacturing | 23 |
| process actually results in finished methamphetamine. | 24 |
| (2) A person who violates paragraph (1) of this | 25 |
| subsection (a) shall be subject to the following penalties: | 26 |
| (A) A person who manufactures less than 15 grams of | 27 |
| methamphetamine or a substance containing | 28 |
| methamphetamine is guilty of a Class 1 felony. | 29 |
| (B) A person who manufactures 15 or more but less | 30 |
| than 100 grams is guilty of a Class X felony, subject | 31 |
| to a term of imprisonment of not less than 6 years and | 32 |
| not more than 30 years, and subject to a fine not to | 33 |
| exceed $100,000. | 34 |
| (C) A person who manufactures 100 or more grams but | 35 |
| less than 400 grams is guilty of a Class X felony, |
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| subject to a term of imprisonment of not less than 8 | 2 |
| years and not more than 40 years, and subject to a fine | 3 |
| not to exceed $200,000. | 4 |
| (D) A person who manufactures 400 grams or more is | 5 |
| guilty of a Class X felony, subject to a term of | 6 |
| imprisonment of not less than 10 years and not more | 7 |
| than 50 years, and subject to a fine not to exceed | 8 |
| $300,000. | 9 |
| (b) Aggravated methamphetamine manufacturing. | 10 |
| (1) It is unlawful knowingly to engage in the | 11 |
| aggravated manufacture of methamphetamine. A person | 12 |
| engages in aggravated manufacture of methamphetamine when | 13 |
| the person engages in the manufacture of methamphetamine | 14 |
| and: | 15 |
| (A) The person does so in a multi-unit dwelling; | 16 |
| (B) The person does so in a structure or vehicle | 17 |
| where a child or children under the age of 17 reside, | 18 |
| are present, or are endangered by the manufacture of | 19 |
| methamphetamine; | 20 |
| (C) The person does so in a structure or vehicle | 21 |
| where a woman the person knows to be pregnant resides, | 22 |
| is present, or is endangered by the methamphetamine | 23 |
| manufacture; | 24 |
| (D) The person does so in a structure or vehicle | 25 |
| containing or protected by one or more firearms, booby | 26 |
| traps, alarm systems, surveillance systems, guard | 27 |
| dogs, or dangerous animals; | 28 |
| (E) As a consequence of the person's | 29 |
| methamphetamine manufacturing, another person or | 30 |
| persons are killed or suffer serious bodily injury, | 31 |
| disability or disfigurement; or | 32 |
| (F) As a consequence of the person's | 33 |
| methamphetamine manufacturing, there is a fire, | 34 |
| explosion, or chemical release that damages property | 35 |
| belonging to another person; or | 36 |
| (G) The person knowingly organizes, directs, or |
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| finances the methamphetamine manufacturing. | 2 |
| (2) A person who violates paragraph (1) of this | 3 |
| subsection (b) shall be subject to the following penalties: | 4 |
| (A) A person who manufactures less than 15 grams of | 5 |
| methamphetamine or a substance containing | 6 |
| methamphetamine is guilty of a Class X felony, subject | 7 |
| to a term of imprisonment of not less than 6 years and | 8 |
| not more than 30 years, and subject to a fine not to | 9 |
| exceed $100,000. | 10 |
| (B) A person who manufactures 15 or more grams but | 11 |
| less than 100 grams is guilty of a Class X felony, | 12 |
| subject to a term of imprisonment of not less than 8 | 13 |
| years and not more than 40 years, and subject to a fine | 14 |
| not to exceed $200,000.
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| (C) A person who manufactures 100 grams or more is | 16 |
| guilty of a Class X felony, subject to a term of | 17 |
| imprisonment of not less than 10 years and not more | 18 |
| than 50 years, and subject to a fine not to exceed | 19 |
| $300,000. | 20 |
| Section 30. Methamphetamine precursors. | 21 |
| (a) In standard pill form: | 22 |
| (1) It is unlawful to possess, procure, transport, | 23 |
| store, or deliver any methamphetamine precursor or | 24 |
| substance containing any methamphetamine precursor in | 25 |
| standard pill form with the intent that it be used to | 26 |
| manufacture methamphetamine or a substance containing | 27 |
| methamphetamine. | 28 |
| (2) A person who violates paragraph (1) of this | 29 |
| subsection (a) shall be subject to the following penalties: | 30 |
| (A) A person who possesses less than 15 grams of | 31 |
| methamphetamine precursor is guilty of a Class 2 | 32 |
| felony. | 33 |
| (B) A person who possesses 15 or more grams but | 34 |
| less than 30 grams of methamphetamine precursor is | 35 |
| guilty of a Class 1 felony. |
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| (C) A person who possesses 30 or more grams but | 2 |
| less than 150 grams of methamphetamine precursor is | 3 |
| guilty of a Class X felony, subject to a term of | 4 |
| imprisonment of not less than 6 years and not more than | 5 |
| 30 years, and subject to a fine not to exceed $100,000. | 6 |
| (D) A person who possesses 150 or more grams but | 7 |
| less than 500 grams of methamphetamine precursor is | 8 |
| guilty of a Class X felony, subject to a term of | 9 |
| imprisonment of not less than 8 years and not more than | 10 |
| 40 years, and subject to a fine not to exceed $200,000. | 11 |
| (E) A person who possesses 500 or more grams of | 12 |
| methamphetamine precursor is guilty of a Class X | 13 |
| felony, subject to a term of imprisonment of not less | 14 |
| than 10 years and not more than 50 years, and subject | 15 |
| to a fine not to exceed $300,000. | 16 |
| (b) In any other form: | 17 |
| (1) It is unlawful to possess, procure, transport, | 18 |
| store, or deliver any methamphetamine precursor or | 19 |
| substance containing any methamphetamine precursor in any | 20 |
| form other than a standard pill form with the intent that | 21 |
| it be used to manufacture methamphetamine or a substance | 22 |
| containing methamphetamine. | 23 |
| (2) A person who violates paragraph (1) of this | 24 |
| subsection (b) shall be subject to the following penalties: | 25 |
| (A) A person who violates paragraph (1) of this | 26 |
| subsection (b) with the intent that less than 10 grams | 27 |
| of methamphetamine be manufactured is guilty of a Class | 28 |
| 2 felony. | 29 |
| (B) A person who violates paragraph (1) of this | 30 |
| subsection (b) with the intent that 10 or more grams | 31 |
| but less than 20 grams of methamphetamine be | 32 |
| manufactured is guilty of a Class 1 felony. | 33 |
| (C) A person who violates paragraph (1) of this | 34 |
| subsection (b) with the intent that 20 or more grams | 35 |
| but less than 100 grams of methamphetamine be | 36 |
| manufactured is guilty of a Class X felony, subject to |
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| a term of imprisonment of not less than 6 years and not | 2 |
| more than 30 years, and subject to a fine not to exceed | 3 |
| $100,000. | 4 |
| (D) A person who violates paragraph (1) of this | 5 |
| subsection (b) with the intent that 100 or more grams | 6 |
| but less than 350 grams be manufactured is guilty of a | 7 |
| Class X felony, subject to a term of imprisonment of | 8 |
| not less than 8 years and not more than 40 years, and | 9 |
| subject to a fine not to exceed $200,000. | 10 |
| (E) A person who violates paragraph (1) of this | 11 |
| subsection (b) with the intent that 350 or more grams | 12 |
| of methamphetamine is guilty of a Class X felony, | 13 |
| subject to a term of imprisonment of not less than 10 | 14 |
| years and not more than 40 years, and subject to a fine | 15 |
| not to exceed $300,000. | 16 |
| Section 35. Anhydrous ammonia. | 17 |
| (a) Possession, procurement, transportation, storage, or | 18 |
| delivery of anhydrous ammonia with the intent that it be used | 19 |
| to manufacture methamphetamine. | 20 |
| (1) It is unlawful to engage in the possession, | 21 |
| procurement, transportation, storage, or delivery of | 22 |
| anhydrous ammonia with the intent that it be used to | 23 |
| manufacture methamphetamine. | 24 |
| (2) A person who violates paragraph (1) of subsection | 25 |
| (a) of this Section is guilty of a Class 1 felony. | 26 |
| (b) Aggravated possession, procurement, transportation, | 27 |
| storage, or delivery of anhydrous ammonia with the intent that | 28 |
| it be used to manufacture methamphetamine. | 29 |
| (1) Is is unlawful to engage in the aggravated | 30 |
| possession, procurement, transportation, storage, or | 31 |
| delivery of anhydrous ammonia with the intent that it be | 32 |
| used to manufacture methamphetamine. A person commits this | 33 |
| offense when he or she engages in the offense of | 34 |
| possession, procurement, transportation, storage, or | 35 |
| delivery of anhydrous ammonia with the intent that it be |
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| used to manufacture methamphetamine and: | 2 |
| (A) The person does so in a multi-unit dwelling; | 3 |
| (B) The person does so in a structure or vehicle | 4 |
| where a child or children under the age of 17 reside, | 5 |
| are present, or are endangered by the anhydrous | 6 |
| ammonia; | 7 |
| (C) The person does so while in possession of a | 8 |
| firearm; | 9 |
| (D) As a consequence of the person's possession, | 10 |
| procurement, transportation, storage, or delivery of | 11 |
| anhydrous ammonia, another person or persons are | 12 |
| killed or suffer serious bodily injury, disability, or | 13 |
| disfigurement; or | 14 |
| (E) As a consequence of the person's possession, | 15 |
| procurement, transportation, storage, or delivery of | 16 |
| anhydrous ammonia, there is a fire, explosion, or | 17 |
| chemical release that damages property belonging to | 18 |
| another person. | 19 |
| (2) A person who violates paragraph (1) of subsection | 20 |
| (b) of this Section is guilty of a Class X felony, subject | 21 |
| to a term of imprisonment of not less than 6 years and not | 22 |
| more than 30 years, and subject to a fine not to exceed | 23 |
| $100,000. | 24 |
| (c) Possession, procurement, transportation, storage, or | 25 |
| delivery of anhydrous ammonia in an unauthorized container. | 26 |
| (1) It is unlawful to possess, procure, transport, | 27 |
| store, or deliver anhydrous ammonia in an unauthorized | 28 |
| container. | 29 |
| (2) A person who violates paragraph (1) of subsection | 30 |
| (c) of this Section is guilty of a Class 3 felony. | 31 |
| (3) Affirmative Defense. It is an affirmative defense | 32 |
| that the person charged possessed, procured, transported, | 33 |
| stored, or delivered anhydrous ammonia in a manner that | 34 |
| substantially complied with the regulations governing | 35 |
| anhydrous ammonia equipment found in 8 Illinois | 36 |
| Administrative Code Section 215; in 92 Illinois |
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| Administrative Code Sections 171 through 180; or in any | 2 |
| provision of the Code of Federal Regulations incorporated | 3 |
| by reference into these Sections of the Illinois | 4 |
| Administrative Code. | 5 |
| (d) Tampering with anhydrous ammonia equipment. | 6 |
| (1) It is unlawful to tamper with anhydrous ammonia | 7 |
| equipment. A person tampers with anhydrous ammonia | 8 |
| equipment when, without authorization from the lawful | 9 |
| owner, the person: | 10 |
| (A) Removes or attempts to remove anhydrous | 11 |
| ammonia from the anhydrous ammonia equipment used by | 12 |
| the lawful owner; | 13 |
| (B) Damages or attempts to damage the anhydrous | 14 |
| ammonia equipment used by the lawful owner; or | 15 |
| (C) Vents or attempts to vent anhydrous ammonia | 16 |
| into the environment. | 17 |
| (3) A person who violates paragraph (1) of subsection | 18 |
| (d) of this Section is guilty of a Class 3 felony. | 19 |
| Section 40. Methamphetamine manufacturing material. | 20 |
| (a) It is unlawful to engage in the possession, | 21 |
| procurement, transportation, storage, or delivery of any | 22 |
| methamphetamine manufacturing material - other than a | 23 |
| methamphetamine precursor, substance containing a | 24 |
| methamphetamine precursor, or anhydrous ammonia - with the | 25 |
| intent that it be used to manufacture methamphetamine. | 26 |
| (b) A person who violates subsection (a) of this Section is | 27 |
| guilty of a Class 1 felony. | 28 |
| Section 45. Use of property. | 29 |
| (a) With knowledge. | 30 |
| (1) It is unlawful for a person to use or allow the use | 31 |
| of a vehicle, a structure, real property, or personal | 32 |
| property within his or her control to help bring about a | 33 |
| violation of Section 25, 30, 35, 40, 45, or 50 of this Act, | 34 |
| if the person knows that the use of the vehicle, structure, |
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| real property, or personal property is likely to help bring | 2 |
| about the violation. | 3 |
| (2) A person who violates paragraph (1) of this | 4 |
| subsection (a) of this Section is guilty of a Class 2 | 5 |
| felony. | 6 |
| (b) With reckless disregard. | 7 |
| (1) It is unlawful for a person to use or allow the use | 8 |
| of a vehicle, a structure, real property, or personal | 9 |
| property within his or her control to help bring about a | 10 |
| violation of Section 25, 30, 35, 40, 45, or 50 of this Act, | 11 |
| if the person acts in reckless disregard of the fact that | 12 |
| that the use of the vehicle, structure, real property, or | 13 |
| personal property is likely to help bring about the | 14 |
| violation. | 15 |
| (2) A person who violates paragraph (1) of this | 16 |
| subsection (b) is guilty of a Class 4 felony. | 17 |
| Section 50. Protection of methamphetamine manufacturing. | 18 |
| (a) Protection of methamphetamine manufacturing. | 19 |
| (1) It is unlawful to engage in the protection of | 20 |
| methamphetamine manufacturing. A person engages in the | 21 |
| protection of methamphetamine manufacturing when: | 22 |
| (A) the person knows that others have been engaged, | 23 |
| are engaged, or will be engaged in the manufacture of | 24 |
| methamphetamine; and | 25 |
| (B) with the intent to help prevent detection of or | 26 |
| interference with the methamphetamine manufacturing, | 27 |
| the person serves as a lookout for or guard of the | 28 |
| methamphetamine manufacturing. | 29 |
| (2) A person who violates subsection (a) of this | 30 |
| Section is guilty of a Class 2 felony.
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| (b) Aggravated protection of methamphetamine | 32 |
| manufacturing. | 33 |
| (1) It is unlawful to engage in aggravated protection | 34 |
| of methamphetamine manufacturing. A person engages in | 35 |
| aggravated protection of methamphetamine manufacturing |
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| when the person engages in protection of methamphetamine | 2 |
| manufacturing while in possession of a firearm. | 3 |
| (2) A person who violates subsection (b) of this | 4 |
| Section is guilty of a Class 1 felony. | 5 |
| Section 55. Methamphetamine manufacturing waste. | 6 |
| (a) It is unlawful to dispose of methamphetamine | 7 |
| manufacturing waste. | 8 |
| (b) A person who violates subsection (b) of this Section is | 9 |
| guilty of a Class 2 felony. | 10 |
| Section 60. Methamphetamine-related child endangerment. | 11 |
| (a) Methamphetamine-related child endangerment. | 12 |
| (1) It is unlawful to engage in | 13 |
| methamphetamine-related child endangerment. A person | 14 |
| engages in methamphetamine-related child endangerment when | 15 |
| the person knowingly endangers the life and health of a | 16 |
| child by exposing or allowing exposure of the child to a | 17 |
| methamphetamine manufacturing environment. | 18 |
| (2) A person who violates paragraph (1) of this | 19 |
| subsection (a) is guilty of a Class 2 felony. | 20 |
| (b) Aggravated methamphetamine-related child endangerment. | 21 |
| (1) It is unlawful to engage in aggravated | 22 |
| methamphetamine-related child endangerment. A person | 23 |
| engages in aggravated methamphetamine-related child | 24 |
| endangerment when the person violates paragraph (1) of this | 25 |
| subsection (a) of this Section and the child experiences | 26 |
| death, great bodily harm, disability or disfigurement as a | 27 |
| result of the drug-related child endangerment. | 28 |
| (2) A person who violates paragraph (1) of this | 29 |
| subsection (b) is guilty of a Class X felony, subject to a | 30 |
| term of imprisonment of not less than 6 years and not more | 31 |
| than 30 years, and subject to a fine not to exceed | 32 |
| $100,000. | 33 |
| Section 65. Methamphetamine delivery. |
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| (a) Delivery or possession with intent to deliver | 2 |
| methamphetamine or a substance containing methamphetamine. | 3 |
| (1) It is unlawful knowingly to engage in the delivery | 4 |
| or possession with intent to deliver methamphetamine or a | 5 |
| substance containing methamphetamine. | 6 |
| (2) A person who violates paragraph (1) of subsection | 7 |
| (a) of this Section shall be subject to the following | 8 |
| penalties: | 9 |
| (A) A person who delivers or possesses with intent | 10 |
| to deliver less than 5 grams of methamphetamine or a | 11 |
| substance containing methamphetamine is guilty of a | 12 |
| Class 2 felony. | 13 |
| (B) A person who delivers or possesses with intent | 14 |
| to deliver 5 or more grams but less than 15 grams is | 15 |
| guilty of a Class 1 felony. | 16 |
| (C) A person who delivers or possesses with intent | 17 |
| to deliver 15 or more grams but less than 100 grams is | 18 |
| guilty of a Class X felony, subject to a term of | 19 |
| imprisonment of not less than 6 years and not more than | 20 |
| 30 years, and subject to a fine not to exceed $100,000. | 21 |
| (D) A person who delivers or possesses with intent | 22 |
| to deliver 100 or more grams but less than 400 grams is | 23 |
| guilty of a Class X felony, subject to a term of | 24 |
| imprisonment of not less than 8 years and not more than | 25 |
| 40 years, and subject to a fine not to exceed $200,000. | 26 |
| (E) A person who delivers or possesses with intent | 27 |
| to deliver 400 or more grams is guilty of a Class X | 28 |
| felony, subject to a term of imprisonment of not less | 29 |
| than 10 years and not more than 50 years, and subject | 30 |
| to a fine not to exceed $300,000. | 31 |
| (b) Aggravated delivery or possession with intent to | 32 |
| deliver methamphetamine or a substance containing | 33 |
| methamphetamine. | 34 |
| (1) It is unlawful knowingly to engage in the | 35 |
| aggravated delivery or possession with intent to deliver | 36 |
| methamphetamine or a substance containing methamphetamine. |
|
|
|
SB0562 Engrossed |
- 15 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| A person knowingly engages in the aggravated delivery or | 2 |
| possession with intent to deliver methamphetamine or a | 3 |
| substance containing methamphetamine when: | 4 |
| (A) The person is over 18 years of age and delivers | 5 |
| or possesses with intent to deliver the | 6 |
| methamphetamine or substance containing | 7 |
| methamphetamine to a person under 18 years of age; | 8 |
| (B) The person is over 18 years of age and has | 9 |
| used, engaged, employed, or caused another person to | 10 |
| use, engage, or employ a person under 18 years of age | 11 |
| to deliver the methamphetamine or substance containing | 12 |
| methamphetamine; | 13 |
| (C) The person delivers or possesses with intent to | 14 |
| deliver the methamphetamine or substance containing | 15 |
| methamphetamine in any school, on any real property | 16 |
| comprising any school, or in any conveyance owned, | 17 |
| leased, or contracted by a school to transport students | 18 |
| to or from school or a school-related activity; | 19 |
| (D) The person has delivered or caused another | 20 |
| person to deliver the methamphetamine to a woman that | 21 |
| the person knows to be pregnant; or | 22 |
| (E) The person has brought or caused to be brought | 23 |
| the methamphetamine or substance containing | 24 |
| methamphetamine into Illinois from a location outside | 25 |
| of Illinois. | 26 |
| (2) A person who violates paragraph (1) of subsection | 27 |
| (b) of this Section shall be subject to the following | 28 |
| penalties: | 29 |
| (A) A person who delivers or possesses with intent | 30 |
| to deliver less than 5 grams of methamphetamine or a | 31 |
| substance containing methamphetamine is guilty of a | 32 |
| Class 1 felony. | 33 |
| (B) A person who delivers or possesses with intent | 34 |
| to deliver 5 or more grams but less than 15 grams is | 35 |
| guilty of a Class X felony, subject to a term of | 36 |
| imprisonment of not less than 6 years and not more than |
|
|
|
SB0562 Engrossed |
- 16 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| 30 years, and subject to a fine not to exceed $100,000. | 2 |
| (C) A person who delivers or possesses with intent | 3 |
| to deliver 15 or more grams but less than 100 grams is | 4 |
| guilty of a Class X felony, subject to a term of | 5 |
| imprisonment of not less than 8 years and not more than | 6 |
| 40 years, and subject to a fine not to exceed $200,000. | 7 |
| (D) A person who delivers or possesses with intent | 8 |
| to deliver 100 or more grams is guilty of a Class X | 9 |
| felony, subject to a term of imprisonment of not less | 10 |
| than 10 years and not more than 50 years, and subject | 11 |
| to a fine not to exceed $300,000. | 12 |
| Section 70. Methamphetamine possession. | 13 |
| (a) It is unlawful knowingly to possess methamphetamine or | 14 |
| a substance containing methamphetamine. | 15 |
| (b) A person who violates subsection (a) of this Section | 16 |
| shall be subject to the following penalties: | 17 |
| (1) A person who possesses less than 5 grams of | 18 |
| methamphetamine or a substance containing methamphetamine | 19 |
| is guilty of a Class 3 felony. | 20 |
| (2) A person who possesses 5 or more grams but less | 21 |
| than 15 grams is guilty of a Class 2 felony. | 22 |
| (3) A person who possesses 15 or more grams but less | 23 |
| than 100 grams is guilty of a Class 1 felony. | 24 |
| (4) A person who possesses 100 or more grams but less | 25 |
| than 400 grams is guilty of a Class X felony, subject to a | 26 |
| term of imprisonment of not less than 6 years and not more | 27 |
| than 30 years, and subject to a fine not to exceed | 28 |
| $100,000. | 29 |
| (5) A person who possesses 400 or more grams but less | 30 |
| than 900 grams is guilty of a Class X felony, subject to a | 31 |
| term of imprisonment of not less than 8 years and not more | 32 |
| than 40 years, and subject to a fine not to exceed | 33 |
| $200,000. | 34 |
| (6) A person who possesses 900 or more grams is guilty | 35 |
| of a Class X felony, subject to a term of imprisonment of |
|
|
|
SB0562 Engrossed |
- 17 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| not less than 10 years and not more than 50 years, and | 2 |
| subject to a fine not to exceed $300,000. | 3 |
| Section 75. Methamphetamine conspiracy. | 4 |
| (a) It is unlawful to engage in a methamphetamine | 5 |
| conspiracy. A person engages in a methamphetamine conspiracy | 6 |
| when: | 7 |
| (1) The person intends to violate one or more | 8 |
| provisions of this Act; | 9 |
| (2) The person agrees with one or more persons to | 10 |
| violate one or more provisions of this Act; and | 11 |
| (3) The person or any party to the agreement commits an | 12 |
| act in furtherance of the agreement. | 13 |
| (b) A person convicted of this offense shall face the | 14 |
| penalty for the offense that is the object of the conspiracy | 15 |
| and may be held accountable for the cumulative weight of any | 16 |
| methamphetamine precursors, methamphetamine, or substance | 17 |
| containing methamphetamine attributable to the conspiracy for | 18 |
| the duration of the conspiracy. | 19 |
| (c) Coconspirator Conduct. It is not a defense to a | 20 |
| methamphetamine conspiracy charge that the person or persons | 21 |
| with whom the person charged is alleged to have conspired have | 22 |
| not been prosecuted or convicted, have been acquitted, have | 23 |
| been convicted of a different offense, are not amenable to | 24 |
| justice, or lacked the capacity to commit the offense. | 25 |
| Section 80. Methamphetamine restitution. If a person is | 26 |
| convicted of a violation of this Act, in a manner that requires | 27 |
| an emergency response, the person convicted shall be required | 28 |
| to make restitution to all public entities involved in the | 29 |
| emergency response, to cover the reasonable cost of their | 30 |
| participation in the emergency response. The convicted person | 31 |
| shall make this restitution in addition to any other fine or | 32 |
| penalty required by law.
| 33 |
| Section 85. Sentencing. |
|
|
|
SB0562 Engrossed |
- 18 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (a) Any person convicted of a second or subsequent offense | 2 |
| under this Act may be sentenced to imprisonment for a term up | 3 |
| to twice the maximum term otherwise authorized, fined an amount | 4 |
| up to twice that otherwise authorized, or both. | 5 |
| (b) For purposes of this Section, an offense is considered | 6 |
| a second or subsequent offense if, prior to the offender's | 7 |
| conviction of the offense, he or she has at any time been | 8 |
| convicted under this Act, the Illinois Controlled Substances | 9 |
| Act, the Cannabis Control Act, or another Act of this State, | 10 |
| another state, or the United States relating to controlled | 11 |
| substances. | 12 |
| Section 90. Applicability. A prosecution for any violation | 13 |
| of law occurring prior to the effective date of this Act is not | 14 |
| affected or abated by this Act. If the offense being prosecuted | 15 |
| would be a violation of this Act, and has not reached the | 16 |
| sentencing stage or final adjudication, then for purposes of | 17 |
| penalty the penalties under this Act apply if they are less | 18 |
| than under the prior law upon which the prosecution was | 19 |
| commenced.
| 20 |
| (720 ILCS 5/21-1.5 rep.)
| 21 |
| Section 905. The Criminal Code of 1961 is amended by | 22 |
| repealing Section 21-1.5. | 23 |
| Section 910. The Illinois Controlled Substances Act is | 24 |
| amended by changing Sections 102, 401, 402, and 407 as follows: | 25 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 26 |
| Sec. 102. Definitions. As used in this Act, unless the | 27 |
| context
otherwise requires:
| 28 |
| (a) "Addict" means any person who habitually uses any drug, | 29 |
| chemical,
substance or dangerous drug other than alcohol so as | 30 |
| to endanger the public
morals, health, safety or welfare or who | 31 |
| is so far addicted to the use of a
dangerous drug or controlled | 32 |
| substance other than alcohol as to have lost
the power of self |
|
|
|
SB0562 Engrossed |
- 19 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| control with reference to his addiction.
| 2 |
| (b) "Administer" means the direct application of a | 3 |
| controlled
substance, whether by injection, inhalation, | 4 |
| ingestion, or any other
means, to the body of a patient, | 5 |
| research subject, or animal (as
defined by the Humane | 6 |
| Euthanasia in Animal Shelters Act) by:
| 7 |
| (1) a practitioner (or, in his presence, by his | 8 |
| authorized agent),
| 9 |
| (2) the patient or research subject at the lawful | 10 |
| direction of the
practitioner, or
| 11 |
| (3) a euthanasia technician as defined by the Humane | 12 |
| Euthanasia in
Animal Shelters Act.
| 13 |
| (c) "Agent" means an authorized person who acts on behalf | 14 |
| of or at
the direction of a manufacturer, distributor, or | 15 |
| dispenser. It does not
include a common or contract carrier, | 16 |
| public warehouseman or employee of
the carrier or warehouseman.
| 17 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 18 |
| substance,
chemically and pharmacologically related to | 19 |
| testosterone (other than
estrogens, progestins, and | 20 |
| corticosteroids) that promotes muscle growth,
and includes:
| 21 |
| (i) boldenone,
| 22 |
| (ii) chlorotestosterone,
| 23 |
| (iii) chostebol,
| 24 |
| (iv) dehydrochlormethyltestosterone,
| 25 |
| (v) dihydrotestosterone,
| 26 |
| (vi) drostanolone,
| 27 |
| (vii) ethylestrenol,
| 28 |
| (viii) fluoxymesterone,
| 29 |
| (ix) formebulone,
| 30 |
| (x) mesterolone,
| 31 |
| (xi) methandienone,
| 32 |
| (xii) methandranone,
| 33 |
| (xiii) methandriol,
| 34 |
| (xiv) methandrostenolone,
| 35 |
| (xv) methenolone,
| 36 |
| (xvi) methyltestosterone,
|
|
|
|
SB0562 Engrossed |
- 20 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (xvii) mibolerone,
| 2 |
| (xviii) nandrolone,
| 3 |
| (xix) norethandrolone,
| 4 |
| (xx) oxandrolone,
| 5 |
| (xxi) oxymesterone,
| 6 |
| (xxii) oxymetholone,
| 7 |
| (xxiii) stanolone,
| 8 |
| (xxiv) stanozolol,
| 9 |
| (xxv) testolactone,
| 10 |
| (xxvi) testosterone,
| 11 |
| (xxvii) trenbolone, and
| 12 |
| (xxviii) any salt, ester, or isomer of a drug or | 13 |
| substance described
or listed in this paragraph, if | 14 |
| that salt, ester, or isomer promotes muscle
growth.
| 15 |
| Any person who is otherwise lawfully in possession of an | 16 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 17 |
| distributes, dispenses,
delivers, or possesses with intent to | 18 |
| deliver an anabolic steroid, which
anabolic steroid is | 19 |
| expressly intended for and lawfully allowed to be
administered | 20 |
| through implants to livestock or other nonhuman species, and
| 21 |
| which is approved by the Secretary of Health and Human Services | 22 |
| for such
administration, and which the person intends to | 23 |
| administer or have
administered through such implants, shall | 24 |
| not be considered to be in
unauthorized possession or to | 25 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 26 |
| possess with intent to deliver such anabolic steroid for
| 27 |
| purposes of this Act.
| 28 |
| (d) "Administration" means the Drug Enforcement | 29 |
| Administration,
United States Department of Justice, or its | 30 |
| successor agency.
| 31 |
| (e) "Control" means to add a drug or other substance, or | 32 |
| immediate
precursor, to a Schedule under Article II of this Act | 33 |
| whether by
transfer from another Schedule or otherwise.
| 34 |
| (f) "Controlled Substance" means a drug, substance, or | 35 |
| immediate
precursor in the Schedules of Article II of this Act.
| 36 |
| (g) "Counterfeit substance" means a controlled substance, |
|
|
|
SB0562 Engrossed |
- 21 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| which, or
the container or labeling of which, without | 2 |
| authorization bears the
trademark, trade name, or other | 3 |
| identifying mark, imprint, number or
device, or any likeness | 4 |
| thereof, of a manufacturer, distributor, or
dispenser other | 5 |
| than the person who in fact manufactured, distributed,
or | 6 |
| dispensed the substance.
| 7 |
| (h) "Deliver" or "delivery" means the actual, constructive | 8 |
| or
attempted transfer of possession of a controlled substance, | 9 |
| with or
without consideration, whether or not there is an | 10 |
| agency relationship.
| 11 |
| (i) "Department" means the Illinois Department of Human | 12 |
| Services (as
successor to the Department of Alcoholism and | 13 |
| Substance Abuse) or its successor agency.
| 14 |
| (j) "Department of State Police" means the Department of | 15 |
| State
Police of the State of Illinois or its successor agency.
| 16 |
| (k) "Department of Corrections" means the Department of | 17 |
| Corrections
of the State of Illinois or its successor agency.
| 18 |
| (l) "Department of Professional Regulation" means the | 19 |
| Department
of Professional Regulation of the State of Illinois | 20 |
| or its successor agency.
| 21 |
| (m) "Depressant" or "stimulant substance" means:
| 22 |
| (1) a drug which contains any quantity of (i) | 23 |
| barbituric acid or
any of the salts of barbituric acid | 24 |
| which has been designated as habit
forming under section | 25 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 26 |
| U.S.C. 352 (d)); or
| 27 |
| (2) a drug which contains any quantity of (i) | 28 |
| amphetamine or
methamphetamine and any of their optical | 29 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 30 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 31 |
| substance which the Department, after
investigation, has | 32 |
| found to be, and by rule designated as, habit forming
| 33 |
| because of its depressant or stimulant effect on the | 34 |
| central nervous
system; or
| 35 |
| (3) lysergic acid diethylamide; or
| 36 |
| (4) any drug which contains any quantity of a substance |
|
|
|
SB0562 Engrossed |
- 22 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| which the
Department, after investigation, has found to | 2 |
| have, and by rule
designated as having, a potential for | 3 |
| abuse because of its depressant or
stimulant effect on the | 4 |
| central nervous system or its hallucinogenic
effect.
| 5 |
| (n) (Blank).
| 6 |
| (o) "Director" means the Director of the Department of | 7 |
| State Police or
the Department of Professional Regulation or | 8 |
| his designated agents.
| 9 |
| (p) "Dispense" means to deliver a controlled substance to | 10 |
| an
ultimate user or research subject by or pursuant to the | 11 |
| lawful order of
a prescriber, including the prescribing, | 12 |
| administering, packaging,
labeling, or compounding necessary | 13 |
| to prepare the substance for that
delivery.
| 14 |
| (q) "Dispenser" means a practitioner who dispenses.
| 15 |
| (r) "Distribute" means to deliver, other than by | 16 |
| administering or
dispensing, a controlled substance.
| 17 |
| (s) "Distributor" means a person who distributes.
| 18 |
| (t) "Drug" means (1) substances recognized as drugs in the | 19 |
| official
United States Pharmacopoeia, Official Homeopathic | 20 |
| Pharmacopoeia of the
United States, or official National | 21 |
| Formulary, or any supplement to any
of them; (2) substances | 22 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 23 |
| prevention of disease in man or animals; (3) substances
(other | 24 |
| than food) intended to affect the structure of any function of
| 25 |
| the body of man or animals and (4) substances intended for use | 26 |
| as a
component of any article specified in clause (1), (2), or | 27 |
| (3) of this
subsection. It does not include devices or their | 28 |
| components, parts, or
accessories.
| 29 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 30 |
| Department of Professional Regulation for the
purpose of animal | 31 |
| euthanasia that holds an animal control facility license or
| 32 |
| animal
shelter license under the Animal Welfare Act. A | 33 |
| euthanasia agency is
authorized to purchase, store, possess, | 34 |
| and utilize Schedule II nonnarcotic and
Schedule III | 35 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 36 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
|
|
|
SB0562 Engrossed |
- 23 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| substances
(nonnarcotic controlled substances) that are used | 2 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 3 |
| (u) "Good faith" means the prescribing or dispensing of a | 4 |
| controlled
substance by a practitioner in the regular course of | 5 |
| professional
treatment to or for any person who is under his | 6 |
| treatment for a
pathology or condition other than that | 7 |
| individual's physical or
psychological dependence upon or | 8 |
| addiction to a controlled substance,
except as provided herein: | 9 |
| and application of the term to a pharmacist
shall mean the | 10 |
| dispensing of a controlled substance pursuant to the
| 11 |
| prescriber's order which in the professional judgment of the | 12 |
| pharmacist
is lawful. The pharmacist shall be guided by | 13 |
| accepted professional
standards including, but not limited to | 14 |
| the following, in making the
judgment:
| 15 |
| (1) lack of consistency of doctor-patient | 16 |
| relationship,
| 17 |
| (2) frequency of prescriptions for same drug by one | 18 |
| prescriber for
large numbers of patients,
| 19 |
| (3) quantities beyond those normally prescribed,
| 20 |
| (4) unusual dosages,
| 21 |
| (5) unusual geographic distances between patient, | 22 |
| pharmacist and
prescriber,
| 23 |
| (6) consistent prescribing of habit-forming drugs.
| 24 |
| (u-1) "Home infusion services" means services provided by a | 25 |
| pharmacy in
compounding solutions for direct administration to | 26 |
| a patient in a private
residence, long-term care facility, or | 27 |
| hospice setting by means of parenteral,
intravenous, | 28 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 29 |
| (v) "Immediate precursor" means a substance:
| 30 |
| (1) which the Department has found to be and by rule | 31 |
| designated as
being a principal compound used, or produced | 32 |
| primarily for use, in the
manufacture of a controlled | 33 |
| substance;
| 34 |
| (2) which is an immediate chemical intermediary used or | 35 |
| likely to
be used in the manufacture of such controlled | 36 |
| substance; and
|
|
|
|
SB0562 Engrossed |
- 24 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (3) the control of which is necessary to prevent, | 2 |
| curtail or limit
the manufacture of such controlled | 3 |
| substance.
| 4 |
| (w) "Instructional activities" means the acts of teaching, | 5 |
| educating
or instructing by practitioners using controlled | 6 |
| substances within
educational facilities approved by the State | 7 |
| Board of Education or
its successor agency.
| 8 |
| (x) "Local authorities" means a duly organized State, | 9 |
| County or
Municipal peace unit or police force.
| 10 |
| (y) "Look-alike substance" means a substance, other than a | 11 |
| controlled
substance which (1) by overall dosage unit | 12 |
| appearance, including shape,
color, size, markings or lack | 13 |
| thereof, taste, consistency, or any other
identifying physical | 14 |
| characteristic of the substance, would lead a reasonable
person | 15 |
| to believe that the substance is a controlled substance, or (2) | 16 |
| is
expressly or impliedly represented to be a controlled | 17 |
| substance or is
distributed under circumstances which would | 18 |
| lead a reasonable person to
believe that the substance is a | 19 |
| controlled substance. For the purpose of
determining whether | 20 |
| the representations made or the circumstances of the
| 21 |
| distribution would lead a reasonable person to believe the | 22 |
| substance to be
a controlled substance under this clause (2) of | 23 |
| subsection (y), the court or
other authority may consider the | 24 |
| following factors in addition to any other
factor that may be | 25 |
| relevant:
| 26 |
| (a) statements made by the owner or person in control | 27 |
| of the substance
concerning its nature, use or effect;
| 28 |
| (b) statements made to the buyer or recipient that the | 29 |
| substance may
be resold for profit;
| 30 |
| (c) whether the substance is packaged in a manner | 31 |
| normally used for the
illegal distribution of controlled | 32 |
| substances;
| 33 |
| (d) whether the distribution or attempted distribution | 34 |
| included an
exchange of or demand for money or other | 35 |
| property as consideration, and
whether the amount of the | 36 |
| consideration was substantially greater than the
|
|
|
|
SB0562 Engrossed |
- 25 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| reasonable retail market value of the substance.
| 2 |
| Clause (1) of this subsection (y) shall not apply to a | 3 |
| noncontrolled
substance in its finished dosage form that was | 4 |
| initially introduced into
commerce prior to the initial | 5 |
| introduction into commerce of a controlled
substance in its | 6 |
| finished dosage form which it may substantially resemble.
| 7 |
| Nothing in this subsection (y) prohibits the dispensing or | 8 |
| distributing
of noncontrolled substances by persons authorized | 9 |
| to dispense and
distribute controlled substances under this | 10 |
| Act, provided that such action
would be deemed to be carried | 11 |
| out in good faith under subsection (u) if the
substances | 12 |
| involved were controlled substances.
| 13 |
| Nothing in this subsection (y) or in this Act prohibits the | 14 |
| manufacture,
preparation, propagation, compounding, | 15 |
| processing, packaging, advertising
or distribution of a drug or | 16 |
| drugs by any person registered pursuant to
Section 510 of the | 17 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 18 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 19 |
| located in a state
of the United States, other than Illinois, | 20 |
| that delivers, dispenses or
distributes, through the United | 21 |
| States Postal Service or other common
carrier, to Illinois | 22 |
| residents, any substance which requires a prescription.
| 23 |
| (z) "Manufacture" means the production, preparation, | 24 |
| propagation,
compounding, conversion or processing of a | 25 |
| controlled substance, either
directly or indirectly, by | 26 |
| extraction from substances of natural origin,
or independently | 27 |
| by means of chemical synthesis, or by a combination of
| 28 |
| extraction and chemical synthesis, and includes any packaging | 29 |
| or
repackaging of the substance or labeling of its container, | 30 |
| except that
this term does not include:
| 31 |
| (1) by an ultimate user, the preparation or compounding | 32 |
| of a
controlled substance for his own use; or
| 33 |
| (2) by a practitioner, or his authorized agent under | 34 |
| his
supervision, the preparation, compounding, packaging, | 35 |
| or labeling of a
controlled substance:
| 36 |
| (a) as an incident to his administering or |
|
|
|
SB0562 Engrossed |
- 26 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| dispensing of a
controlled substance in the course of | 2 |
| his professional practice; or
| 3 |
| (b) as an incident to lawful research, teaching or | 4 |
| chemical
analysis and not for sale.
| 5 |
| (z-1) (Blank).
"Methamphetamine manufacturing chemical" | 6 |
| means any of the following
chemicals or substances containing | 7 |
| any of the following chemicals: benzyl
methyl ketone, | 8 |
| ephedrine, methyl benzyl ketone,
phenylacetone, | 9 |
| phenyl-2-propanone, pseudoephedrine, or red
phosphorous or any | 10 |
| of
the salts, optical isomers, or
salts of optical isomers of | 11 |
| the above-listed chemicals.
| 12 |
| (aa) "Narcotic drug" means any of the following, whether | 13 |
| produced
directly or indirectly by extraction from substances | 14 |
| of natural origin,
or independently by means of chemical | 15 |
| synthesis, or by a combination of
extraction and chemical | 16 |
| synthesis:
| 17 |
| (1) opium and opiate, and any salt, compound, | 18 |
| derivative, or
preparation of opium or opiate;
| 19 |
| (2) any salt, compound, isomer, derivative, or | 20 |
| preparation thereof
which is chemically equivalent or | 21 |
| identical with any of the substances
referred to in clause | 22 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 23 |
| (3) opium poppy and poppy straw;
| 24 |
| (4) coca leaves and any salts, compound, isomer, salt | 25 |
| of an isomer,
derivative, or preparation of coca leaves | 26 |
| including cocaine or ecgonine,
and any salt, compound, | 27 |
| isomer, derivative, or preparation thereof which is
| 28 |
| chemically equivalent or identical with any of these | 29 |
| substances, but not
including decocainized coca leaves or | 30 |
| extractions of coca leaves which do
not contain cocaine or | 31 |
| ecgonine (for the purpose of this paragraph, the
term | 32 |
| "isomer" includes optical, positional and geometric | 33 |
| isomers).
| 34 |
| (bb) "Nurse" means a registered nurse licensed under the
| 35 |
| Nursing and Advanced Practice Nursing Act.
| 36 |
| (cc) (Blank).
|
|
|
|
SB0562 Engrossed |
- 27 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (dd) "Opiate" means any substance having an addiction | 2 |
| forming or
addiction sustaining liability similar to morphine | 3 |
| or being capable of
conversion into a drug having addiction | 4 |
| forming or addiction sustaining
liability.
| 5 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 6 |
| somniferum L., except its seeds.
| 7 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 8 |
| Board of
the State of Illinois or its successor agency.
| 9 |
| (gg) "Person" means any individual, corporation, | 10 |
| mail-order pharmacy,
government or governmental subdivision or | 11 |
| agency, business trust, estate,
trust, partnership or | 12 |
| association, or any other entity.
| 13 |
| (hh) "Pharmacist" means any person who holds a certificate | 14 |
| of
registration as a registered pharmacist, a local registered | 15 |
| pharmacist
or a registered assistant pharmacist under the | 16 |
| Pharmacy Practice Act of 1987.
| 17 |
| (ii) "Pharmacy" means any store, ship or other place in | 18 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 19 |
| Practice Act of 1987.
| 20 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 21 |
| the opium
poppy, after mowing.
| 22 |
| (kk) "Practitioner" means a physician licensed to practice | 23 |
| medicine in all
its branches, dentist, podiatrist,
| 24 |
| veterinarian, scientific investigator, pharmacist, physician | 25 |
| assistant,
advanced practice nurse,
licensed practical
nurse, | 26 |
| registered nurse, hospital, laboratory, or pharmacy, or other
| 27 |
| person licensed, registered, or otherwise lawfully permitted | 28 |
| by the
United States or this State to distribute, dispense, | 29 |
| conduct research
with respect to, administer or use in teaching | 30 |
| or chemical analysis, a
controlled substance in the course of | 31 |
| professional practice or research.
| 32 |
| (ll) "Pre-printed prescription" means a written | 33 |
| prescription upon which
the designated drug has been indicated | 34 |
| prior to the time of issuance.
| 35 |
| (mm) "Prescriber" means a physician licensed to practice | 36 |
| medicine in all
its branches, dentist, podiatrist or
|
|
|
|
SB0562 Engrossed |
- 28 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| veterinarian who issues a prescription, a physician assistant | 2 |
| who
issues a
prescription for a Schedule III, IV, or V | 3 |
| controlled substance
in accordance
with Section 303.05 and the | 4 |
| written guidelines required under Section 7.5
of the
Physician | 5 |
| Assistant Practice Act of 1987, or an advanced practice
nurse | 6 |
| with prescriptive authority in accordance with Section 303.05
| 7 |
| and a written
collaborative agreement under Sections 15-15 and | 8 |
| 15-20 of
the Nursing and Advanced Practice Nursing Act.
| 9 |
| (nn) "Prescription" means a lawful written, facsimile, or | 10 |
| verbal order
of
a physician licensed to practice medicine in | 11 |
| all its branches,
dentist, podiatrist or veterinarian for any | 12 |
| controlled
substance, of a physician assistant for a Schedule | 13 |
| III, IV, or V
controlled substance
in accordance with Section | 14 |
| 303.05 and the written guidelines required under
Section 7.5 of | 15 |
| the
Physician Assistant Practice Act of 1987, or of an advanced | 16 |
| practice
nurse who issues a prescription for a Schedule III, | 17 |
| IV, or V
controlled substance in accordance
with
Section 303.05 | 18 |
| and a written collaborative agreement under Sections 15-15
and
| 19 |
| 15-20 of the Nursing and Advanced Practice Nursing Act.
| 20 |
| (oo) "Production" or "produce" means manufacture, | 21 |
| planting,
cultivating, growing, or harvesting of a controlled | 22 |
| substance.
| 23 |
| (pp) "Registrant" means every person who is required to | 24 |
| register
under Section 302 of this Act.
| 25 |
| (qq) "Registry number" means the number assigned to each | 26 |
| person
authorized to handle controlled substances under the | 27 |
| laws of the United
States and of this State.
| 28 |
| (rr) "State" includes the State of Illinois and any state, | 29 |
| district,
commonwealth, territory, insular possession thereof, | 30 |
| and any area
subject to the legal authority of the United | 31 |
| States of America.
| 32 |
| (ss) "Ultimate user" means a person who lawfully possesses | 33 |
| a
controlled substance for his own use or for the use of a | 34 |
| member of his
household or for administering to an animal owned | 35 |
| by him or by a member
of his household.
| 36 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; |
|
|
|
SB0562 Engrossed |
- 29 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| 93-626, eff. 12-23-03.)
| 2 |
| (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| 3 |
| Sec. 401. Except as authorized by this Act, it is unlawful | 4 |
| for any
person knowingly to : (i) manufacture or deliver, or | 5 |
| possess with intent to
manufacture or deliver, a controlled or | 6 |
| counterfeit substance or controlled
substance analog or (ii) | 7 |
| possess any methamphetamine manufacturing chemical
listed in | 8 |
| paragraph (z-1) of Section 102 with the intent to manufacture
| 9 |
| methamphetamine or the salt of an optical isomer of | 10 |
| methamphetamine or an
analog thereof . A violation of this Act | 11 |
| with respect to each of the controlled
substances listed herein | 12 |
| constitutes a single and separate violation of this
Act. For | 13 |
| purposes of this Section, "controlled substance analog" or | 14 |
| "analog"
means a substance
which is intended for human | 15 |
| consumption, other than a controlled substance,
that has a | 16 |
| chemical structure substantially similar to that of a | 17 |
| controlled
substance in Schedule I or II, or that was | 18 |
| specifically designed to produce
an effect substantially | 19 |
| similar to that of a controlled substance in Schedule
I or II. | 20 |
| Examples of chemical classes in which controlled substance | 21 |
| analogs
are found include, but are not limited to, the | 22 |
| following: phenethylamines,
N-substituted piperidines, | 23 |
| morphinans, ecgonines, quinazolinones, substituted
indoles, | 24 |
| and arylcycloalkylamines. For purposes of this Act, a | 25 |
| controlled
substance analog shall be treated in the same manner | 26 |
| as the controlled
substance to which it is substantially | 27 |
| similar.
| 28 |
| (a) Any person who violates this Section with respect to | 29 |
| the following
amounts of controlled or counterfeit substances | 30 |
| or controlled substance
analogs, notwithstanding any of the | 31 |
| provisions of subsections (c), (c-5),
(d), (d-5), (e), (f), (g) | 32 |
| or (h) to the contrary, is guilty of a Class X felony
and shall | 33 |
| be sentenced to a term of imprisonment as provided in this | 34 |
| subsection
(a) and fined as provided in subsection (b):
| 35 |
| (1) (A) not less than 6 years and not more than 30 |
|
|
|
SB0562 Engrossed |
- 30 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| years with respect
to 15 grams or more but less than | 2 |
| 100 grams of a substance containing
heroin, or an | 3 |
| analog thereof;
| 4 |
| (B) not less than 9 years and not more than 40 | 5 |
| years with respect to 100
grams or more but less than | 6 |
| 400 grams of a substance containing heroin, or
an | 7 |
| analog thereof;
| 8 |
| (C) not less than 12 years and not more than 50 | 9 |
| years with respect to
400 grams or more but less than | 10 |
| 900 grams of a substance containing heroin,
or an | 11 |
| analog thereof;
| 12 |
| (D) not less than 15 years and not more than 60 | 13 |
| years with respect to
900 grams or more of any | 14 |
| substance containing heroin, or an analog thereof;
| 15 |
| (2) (A) not less than 6 years and not more than 30 | 16 |
| years with respect
to 15 grams or more but less than | 17 |
| 100 grams of a substance containing
cocaine, or an | 18 |
| analog thereof;
| 19 |
| (B) not less than 9 years and not more than 40 | 20 |
| years with respect to 100
grams or more but less than | 21 |
| 400 grams of a substance containing cocaine, or
an | 22 |
| analog thereof;
| 23 |
| (C) not less than 12 years and not more than 50 | 24 |
| years with respect to
400 grams or more but less than | 25 |
| 900 grams of a substance containing cocaine,
or an | 26 |
| analog thereof;
| 27 |
| (D) not less than 15 years and not more than 60 | 28 |
| years with respect to
900 grams or more of any | 29 |
| substance containing cocaine, or an analog thereof;
| 30 |
| (3) (A) not less than 6 years and not more than 30 | 31 |
| years with respect
to 15 grams or more but less than | 32 |
| 100 grams of a substance containing
morphine, or an | 33 |
| analog thereof;
| 34 |
| (B) not less than 9 years and not more than 40 | 35 |
| years with respect to
100 grams or more but less than | 36 |
| 400 grams of a substance containing morphine,
or an |
|
|
|
SB0562 Engrossed |
- 31 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| analog thereof;
| 2 |
| (C) not less than 12 years and not more than 50 | 3 |
| years with respect to
400 grams or more but less than | 4 |
| 900 grams of a substance containing
morphine, or an | 5 |
| analog thereof;
| 6 |
| (D) not less than 15 years and not more than 60 | 7 |
| years with respect to
900 grams or more of a substance | 8 |
| containing morphine, or an analog thereof;
| 9 |
| (4) 200 grams or more of any substance containing | 10 |
| peyote, or an
analog thereof;
| 11 |
| (5) 200 grams or more of any substance containing a | 12 |
| derivative of
barbituric acid or any of the salts of a | 13 |
| derivative of barbituric acid, or
an analog thereof;
| 14 |
| (6) 200 grams or more of any substance containing | 15 |
| amphetamine
or any salt of an optical isomer of | 16 |
| amphetamine,
or an analog thereof;
| 17 |
| (6.5) (blank);
(A) not less than 6 years and not more | 18 |
| than 30 years with respect
to 15 grams or more but less | 19 |
| than 100 grams
of a substance containing | 20 |
| methamphetamine or any salt of an
optical isomer of | 21 |
| methamphetamine, or an analog thereof;
| 22 |
| (B) not less than 9 years and not more than 40 | 23 |
| years with respect to 100
grams or more but less than | 24 |
| 400 grams of a substance containing methamphetamine
or | 25 |
| any salt of an optical isomer of methamphetamine, or an | 26 |
| analog thereof;
| 27 |
| (C) not less than 12 years and not more than 50 | 28 |
| years with respect
to 400 grams or more but less than | 29 |
| 900 grams of a substance containing
methamphetamine or | 30 |
| any salt of an optical isomer of methamphetamine, or
an | 31 |
| analog thereof;
| 32 |
| (D) not less than 15 years and not more than 60 | 33 |
| years with respect to
900 grams or more of any | 34 |
| substance containing methamphetamine or any salt
of an | 35 |
| optical isomer of methamphetamine, or an analog | 36 |
| thereof.
|
|
|
|
SB0562 Engrossed |
- 32 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (6.6) (blank);
(A) not less than 6 years and not more | 2 |
| than 30 years for the
possession of any methamphetamine | 3 |
| manufacturing chemical set forth in
paragraph (z-1) of | 4 |
| Section 102 with intent to manufacture 30 grams or more
| 5 |
| but less than 150 grams of any substance containing | 6 |
| methamphetamine, or salt
of any optical isomer of | 7 |
| methamphetamine, or an analog thereof;
| 8 |
| (B) not less than 6 years and not more than 40 | 9 |
| years for the possession
of any methamphetamine | 10 |
| manufacturing chemical set forth in paragraph (z-1) of
| 11 |
| Section 102 with intent to manufacture 150 grams or | 12 |
| more but less than 500
grams of any substance | 13 |
| containing methamphetamine, or salt of an optical | 14 |
| isomer
of methamphetamine, or an analog thereof;
| 15 |
| (C) not less than 6 years and not more than 50 | 16 |
| years for the possession
of any methamphetamine | 17 |
| manufacturing chemical set forth in paragraph (z-1) of
| 18 |
| Section 102 with intent to manufacture 500 grams or | 19 |
| more but less than 1200
grams of any substance | 20 |
| containing methamphetamine, or salt of an optical | 21 |
| isomer
of methamphetamine, or an analog thereof;
| 22 |
| (D) not less than 6 years and not more than 60 | 23 |
| years for the possession
of any methamphetamine | 24 |
| manufacturing chemical set forth in paragraph (z-1) of
| 25 |
| Section 102 with intent to manufacture 1200 grams or | 26 |
| more of any substance
containing methamphetamine, or | 27 |
| salt of an optical isomer of methamphetamine,
or an | 28 |
| analog thereof;
| 29 |
| (7) (A) not less than 6 years and not more than 30 | 30 |
| years with respect
to: (i) 15 grams or more but less | 31 |
| than 100 grams of a substance containing
lysergic acid | 32 |
| diethylamide (LSD), or an analog thereof, or (ii) 15 or
| 33 |
| more objects or 15 or more segregated parts of an | 34 |
| object or objects but
less than 200 objects or 200 | 35 |
| segregated parts of an object or objects
containing in | 36 |
| them or having upon them any amounts of any substance
|
|
|
|
SB0562 Engrossed |
- 33 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| containing lysergic acid diethylamide (LSD), or an | 2 |
| analog thereof;
| 3 |
| (B) not less than 9 years and not more than 40 | 4 |
| years with respect
to: (i) 100 grams or more but less | 5 |
| than 400 grams of a substance containing
lysergic acid | 6 |
| diethylamide (LSD), or an analog thereof, or (ii) 200 | 7 |
| or more
objects or 200 or more segregated parts of an | 8 |
| object or objects but less
than 600 objects or less | 9 |
| than 600 segregated parts of an object or objects
| 10 |
| containing in them or having upon them any amount of | 11 |
| any substance
containing lysergic acid diethylamide | 12 |
| (LSD), or an analog thereof;
| 13 |
| (C) not less than 12 years and not more than 50 | 14 |
| years with respect
to: (i) 400 grams or more but less | 15 |
| than 900 grams of a substance containing
lysergic acid | 16 |
| diethylamide (LSD), or an analog thereof, or (ii) 600 | 17 |
| or more
objects or 600 or more segregated parts of an | 18 |
| object or objects but less
than 1500 objects or 1500 | 19 |
| segregated parts of an object or objects
containing in | 20 |
| them or having upon them any amount of any substance
| 21 |
| containing lysergic acid diethylamide (LSD), or an | 22 |
| analog thereof;
| 23 |
| (D) not less than 15 years and not more than 60 | 24 |
| years with respect
to: (i) 900 grams or more of any | 25 |
| substance containing lysergic acid
diethylamide (LSD), | 26 |
| or an analog thereof, or (ii) 1500 or more objects or
| 27 |
| 1500 or more segregated parts of an object or objects | 28 |
| containing in them or
having upon them any amount of a | 29 |
| substance containing lysergic acid
diethylamide (LSD), | 30 |
| or an analog thereof;
| 31 |
| (7.5) (A) not less than 6 years and not more than 30 | 32 |
| years with respect
to:
(i) 15
grams or more but less | 33 |
| than 100 grams of a substance listed in paragraph (1),
| 34 |
| (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | 35 |
| (25), or (26) of subsection
(d) of Section 204, or an | 36 |
| analog or derivative thereof, or (ii) 15 or more
pills, |
|
|
|
SB0562 Engrossed |
- 34 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| tablets, caplets, capsules, or objects but less than | 2 |
| 200 pills, tablets,
caplets, capsules, or objects | 3 |
| containing in them or having upon them any
amounts of | 4 |
| any substance listed in paragraph (1), (2), (2.1), (3), | 5 |
| (14.1),
(19), (20), (20.1), (21), (25), or (26) of | 6 |
| subsection (d) of Section 204, or
an analog or | 7 |
| derivative thereof;
| 8 |
| (B) not less than 9 years and not more than 40 | 9 |
| years with respect to:
(i) 100 grams or more but less | 10 |
| than 400 grams of a substance listed in
paragraph (1), | 11 |
| (2), (2.1), (3), (14.1), (19), (20),
(20.1), (21), | 12 |
| (25), or (26) of subsection (d) of Section 204, or an | 13 |
| analog or
derivative thereof, or (ii) 200 or more | 14 |
| pills, tablets, caplets, capsules, or
objects but less | 15 |
| than 600 pills, tablets, caplets, capsules, or objects
| 16 |
| containing in them or having upon them any amount of | 17 |
| any substance listed in
paragraph (1), (2), (2.1), (3), | 18 |
| (14.1), (19), (20), (20.1), (21), (25), or (26)
of | 19 |
| subsection (d) of Section 204, or an analog or | 20 |
| derivative thereof;
| 21 |
| (C) not less than 12 years and not more than 50 | 22 |
| years with respect to:
(i) 400 grams or more but less | 23 |
| than 900 grams of a substance listed in
paragraph (1), | 24 |
| (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | 25 |
| (25), or (26)
of subsection (d) of Section 204, or an | 26 |
| analog or derivative thereof,
or (ii) 600 or more | 27 |
| pills, tablets, caplets, capsules, or objects but less | 28 |
| than
1,500 pills, tablets, caplets, capsules, or | 29 |
| objects
containing in them or having upon them any | 30 |
| amount of any substance listed in
paragraph (1), (2), | 31 |
| (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or | 32 |
| (26)
of subsection (d) of Section 204, or an analog or | 33 |
| derivative thereof;
| 34 |
| (D) not less than 15 years and not more than 60 | 35 |
| years with respect to:
(i) 900 grams or more of any | 36 |
| substance listed in paragraph (1), (2), (2.1),
(3), |
|
|
|
SB0562 Engrossed |
- 35 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (14.1), (19), (20), (20.1), (21), (25), or (26) of | 2 |
| subsection (d) of
Section 204, or an analog or | 3 |
| derivative thereof, or (ii) 1,500 or more pills,
| 4 |
| tablets, caplets, capsules, or objects containing in | 5 |
| them or having upon them
any amount
of a substance | 6 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19),
| 7 |
| (20), (20.1), (21), (25), or (26)
of subsection (d) of | 8 |
| Section 204, or an analog or derivative thereof;
| 9 |
| (8) 30 grams or more of any substance containing | 10 |
| pentazocine or any of
the salts, isomers and salts of | 11 |
| isomers of pentazocine, or an analog thereof;
| 12 |
| (9) 30 grams or more of any substance containing | 13 |
| methaqualone or any of
the salts, isomers and salts of | 14 |
| isomers of methaqualone, or an analog thereof;
| 15 |
| (10) 30 grams or more of any substance containing | 16 |
| phencyclidine or any
of the salts, isomers and salts of | 17 |
| isomers of phencyclidine (PCP),
or an analog thereof;
| 18 |
| (10.5) 30 grams or more of any substance containing | 19 |
| ketamine
or any of the salts, isomers and salts of isomers | 20 |
| of ketamine,
or an analog thereof;
| 21 |
| (11) 200 grams or more of any substance containing any | 22 |
| other controlled
substance classified in Schedules I or II, | 23 |
| or an analog thereof, which is
not otherwise included in | 24 |
| this subsection.
| 25 |
| (b) Any person sentenced with respect to violations of | 26 |
| paragraph (1),
(2), (3), (6.5),
(6.6), (7), or (7.5) of | 27 |
| subsection (a) involving
100 grams or
more of the
controlled | 28 |
| substance named therein, may in addition to the penalties
| 29 |
| provided therein, be fined an amount not more than $500,000 or | 30 |
| the full
street value of the controlled or counterfeit | 31 |
| substance or controlled substance
analog, whichever is | 32 |
| greater. The term "street value" shall have the
meaning | 33 |
| ascribed in Section 110-5 of the Code of Criminal Procedure of
| 34 |
| 1963. Any person sentenced with respect to any other provision | 35 |
| of
subsection (a), may in addition to the penalties provided | 36 |
| therein, be fined
an amount not to exceed $500,000.
|
|
|
|
SB0562 Engrossed |
- 36 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (c) Any person who violates this Section with regard to the
| 2 |
| following amounts of controlled or counterfeit substances
or | 3 |
| controlled substance analogs, notwithstanding any of the | 4 |
| provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 5 |
| to the
contrary, is guilty of a Class 1 felony. The fine for | 6 |
| violation of this
subsection (c) shall not be more than | 7 |
| $250,000:
| 8 |
| (1) 1 gram or more but less than 15 grams of any
| 9 |
| substance containing heroin, or an analog thereof;
| 10 |
| (2) 1 gram or more but less than 15
grams of any | 11 |
| substance containing cocaine, or an analog thereof;
| 12 |
| (3) 10 grams or more but less than 15 grams of any | 13 |
| substance
containing morphine, or an analog thereof;
| 14 |
| (4) 50 grams or more but less than 200 grams of any | 15 |
| substance
containing peyote, or an analog thereof;
| 16 |
| (5) 50 grams or more but less than 200 grams of any | 17 |
| substance
containing a derivative of barbituric acid or any | 18 |
| of the salts of a
derivative of barbituric acid, or an | 19 |
| analog thereof;
| 20 |
| (6) 50 grams or more but less than 200 grams of any | 21 |
| substance
containing amphetamine or any salt of an optical | 22 |
| isomer
of amphetamine, or an analog thereof;
| 23 |
| (6.5) (blank);
5 grams or more but less than 15 grams | 24 |
| of any substance containing
methamphetamine or any salt or | 25 |
| optical isomer of methamphetamine, or an analog
thereof;
| 26 |
| (7) (i) 5 grams or more but less than 15 grams of any | 27 |
| substance
containing lysergic acid diethylamide (LSD), or | 28 |
| an analog thereof,
or (ii)
more than 10 objects or more | 29 |
| than 10 segregated parts of an object or objects
but less | 30 |
| than 15 objects or less than 15 segregated parts of an | 31 |
| object
containing in them or having upon them any amount of | 32 |
| any substance
containing lysergic acid diethylamide (LSD), | 33 |
| or an analog thereof;
| 34 |
| (7.5) (i) 5 grams or more but less than 15 grams of any | 35 |
| substance listed
in paragraph (1), (2), (2.1), (3), (14.1), | 36 |
| (19), (20), (20.1), (21), (25), or
(26) of subsection (d) |
|
|
|
SB0562 Engrossed |
- 37 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| of Section 204, or an analog or derivative thereof, or
(ii) | 2 |
| more than 10 pills, tablets, caplets, capsules, or objects | 3 |
| but less than
15 pills, tablets, caplets, capsules, or | 4 |
| objects containing in them or having
upon them any amount | 5 |
| of any substance listed in paragraph (1), (2), (2.1),
(3), | 6 |
| (14.1), (19), (20), (20.1), (21), (25), or (26) of | 7 |
| subsection (d) of
Section 204, or an analog or derivative | 8 |
| thereof;
| 9 |
| (8) 10 grams or more but less than 30 grams of any | 10 |
| substance
containing pentazocine or any of the salts, | 11 |
| isomers and salts of isomers of
pentazocine, or an analog | 12 |
| thereof;
| 13 |
| (9) 10 grams or more but less than 30 grams of any | 14 |
| substance
containing methaqualone or any of the salts, | 15 |
| isomers and salts of isomers
of methaqualone, or an analog | 16 |
| thereof;
| 17 |
| (10) 10 grams or more but less than 30 grams of any | 18 |
| substance
containing phencyclidine or any of the salts, | 19 |
| isomers and salts of isomers
of phencyclidine (PCP), or an | 20 |
| analog thereof;
| 21 |
| (10.5) 10 grams or more but less than 30 grams of any | 22 |
| substance
containing ketamine or any of the salts, isomers | 23 |
| and salts of
isomers of ketamine, or an analog thereof;
| 24 |
| (11) 50 grams or more but less than 200 grams of any | 25 |
| substance
containing a substance classified in Schedules I | 26 |
| or II, or an analog
thereof, which is not otherwise | 27 |
| included in this subsection.
| 28 |
| (c-5) (Blank).
Any person who violates this Section with | 29 |
| regard to possession of
any methamphetamine manufacturing | 30 |
| chemical set forth in paragraph (z-1) of
Section 102
with
| 31 |
| intent to manufacture 15 grams or more but less than 30 grams | 32 |
| of
methamphetamine, or salt of an optical isomer of | 33 |
| methamphetamine or any analog
thereof, is guilty of a Class 1 | 34 |
| felony. The fine for violation of this
subsection (c-5) shall | 35 |
| not be more than $250,000.
| 36 |
| (d) Any person who violates this Section with regard to any |
|
|
|
SB0562 Engrossed |
- 38 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| other
amount of a controlled or counterfeit substance | 2 |
| classified in
Schedules I or II, or an analog thereof, which is | 3 |
| (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | 4 |
| an analog thereof, or
(iii) any
substance containing | 5 |
| amphetamine or methamphetamine or any salt or optical
isomer of | 6 |
| amphetamine or methamphetamine, or an analog thereof, is guilty
| 7 |
| of a Class 2 felony. The fine for violation of this subsection | 8 |
| (d) shall
not be more than $200,000.
| 9 |
| (d-5) (Blank).
Any person who violates this Section with | 10 |
| regard to possession of
any methamphetamine manufacturing | 11 |
| chemical set forth in paragraph (z-1) of
Section 102
with
| 12 |
| intent to manufacture less than 15 grams of methamphetamine, or | 13 |
| salt of an
optical isomer of methamphetamine or any analog | 14 |
| thereof, is guilty of a Class
2 felony. The fine for violation | 15 |
| of this subsection (d-5) shall not be more
than $200,000.
| 16 |
| (e) Any person who violates this Section with regard to any | 17 |
| other
amount of a controlled or counterfeit substance | 18 |
| classified in
Schedule I or II, or an analog thereof, which | 19 |
| substance is not
included under subsection (d) of this Section, | 20 |
| is
guilty of a Class 3 felony. The fine for violation of this | 21 |
| subsection (e)
shall not be more than $150,000.
| 22 |
| (f) Any person who violates this Section with regard to any | 23 |
| other
amount of a controlled or counterfeit substance | 24 |
| classified in
Schedule III is guilty of a Class 3 felony. The | 25 |
| fine for violation of
this subsection (f) shall not be more | 26 |
| than $125,000.
| 27 |
| (g) Any person who violates this Section with regard to any | 28 |
| other
amount of a controlled or counterfeit substance | 29 |
| classified
in Schedule IV is guilty of a Class 3 felony. The | 30 |
| fine for violation of
this subsection (g) shall not be more | 31 |
| than $100,000.
| 32 |
| (h) Any person who violates this Section with regard to any | 33 |
| other
amount of a controlled or counterfeit substance | 34 |
| classified in
Schedule V is guilty of a Class 3 felony. The | 35 |
| fine for violation of this
subsection (h) shall not be more | 36 |
| than $75,000.
|
|
|
|
SB0562 Engrossed |
- 39 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (i) This Section does not apply to the manufacture, | 2 |
| possession or
distribution of a substance in conformance with | 3 |
| the provisions of an approved
new drug application or an | 4 |
| exemption for investigational use within the
meaning of Section | 5 |
| 505 of the Federal Food, Drug and Cosmetic Act.
| 6 |
| (j) (Blank).
The presence of any methamphetamine | 7 |
| manufacturing chemical in a
sealed, factory imprinted | 8 |
| container, including, but not limited to a bottle,
box, or | 9 |
| plastic blister package, at the time of seizure by law
| 10 |
| enforcement, is prima facie evidence that the methamphetamine | 11 |
| manufacturing
chemical located within the container is in fact | 12 |
| the chemical so described and
in the amount
and dosage listed | 13 |
| on the container. The factory imprinted container is
admissible | 14 |
| for a violation of this Section for purposes of proving the | 15 |
| contents
of the container.
| 16 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-256, eff. 1-1-02; 92-698, | 17 |
| eff.
7-19-02; 93-278, eff. 1-1-04.)
| 18 |
| (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 19 |
| Sec. 402. Except as otherwise authorized by this Act, it is | 20 |
| unlawful for
any person knowingly to possess a controlled or | 21 |
| counterfeit substance.
A violation of this Act with respect to | 22 |
| each of the controlled substances
listed herein constitutes a | 23 |
| single and separate violation of this Act.
| 24 |
| (a) Any person who violates this Section with respect to | 25 |
| the following
controlled or counterfeit substances and | 26 |
| amounts, notwithstanding any of the
provisions of subsections | 27 |
| (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 28 |
| shall, if sentenced to a term
of imprisonment, be sentenced as | 29 |
| provided in this subsection (a) and fined
as provided in | 30 |
| subsection (b):
| 31 |
| (1) (A) not less than 4 years and not more than 15 | 32 |
| years with respect
to 15 grams or more but less than | 33 |
| 100 grams of a substance containing heroin;
| 34 |
| (B) not less than 6 years and not more than 30 | 35 |
| years with respect to 100
grams or more but less than |
|
|
|
SB0562 Engrossed |
- 40 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| 400 grams of a substance containing heroin;
| 2 |
| (C) not less than 8 years and not more than 40 | 3 |
| years with respect to 400
grams or more but less than | 4 |
| 900 grams of any substance containing heroin;
| 5 |
| (D) not less than 10 years and not more than 50 | 6 |
| years with respect to
900 grams or more of any | 7 |
| substance containing heroin;
| 8 |
| (2) (A) not less than 4 years and not more than 15 | 9 |
| years with respect
to 15 grams or more but less than | 10 |
| 100 grams of any substance containing
cocaine;
| 11 |
| (B) not less than 6 years and not more than 30 | 12 |
| years with respect to 100
grams or more but less than | 13 |
| 400 grams of any substance containing cocaine;
| 14 |
| (C) not less than 8 years and not more than 40 | 15 |
| years with respect to 400
grams or more but less than | 16 |
| 900 grams of any substance containing cocaine;
| 17 |
| (D) not less than 10 years and not more than 50 | 18 |
| years with respect to
900 grams or more of any | 19 |
| substance containing cocaine;
| 20 |
| (3) (A) not less than 4 years and not more than 15 | 21 |
| years with respect
to 15 grams or more but less than | 22 |
| 100 grams of any substance containing
morphine;
| 23 |
| (B) not less than 6 years and not more than 30 | 24 |
| years with respect to 100
grams or more but less than | 25 |
| 400 grams of any substance containing morphine;
| 26 |
| (C) not less than 6 years and not more than 40 | 27 |
| years with respect to 400
grams or more but less than | 28 |
| 900 grams of any substance containing morphine;
| 29 |
| (D) not less than 10 years and not more than 50 | 30 |
| years with respect to
900 grams or more of any | 31 |
| substance containing morphine;
| 32 |
| (4) 200 grams or more of any substance containing | 33 |
| peyote;
| 34 |
| (5) 200 grams or more of any substance containing a |
|
|
|
SB0562 Engrossed |
- 41 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| derivative of
barbituric acid or any of the salts of a | 2 |
| derivative of barbituric acid;
| 3 |
| (6) 200 grams or more of any substance containing | 4 |
| amphetamine or any salt
of an optical isomer of | 5 |
| amphetamine;
| 6 |
| (6.5) (blank);
(A) not less than 4 years and not more | 7 |
| than 15 years with
respect to 15 grams or more but less | 8 |
| than 100 grams of a substance containing
| 9 |
| methamphetamine or any salt of an optical isomer of
| 10 |
| methamphetamine;
| 11 |
| (B) not less than 6 years and not more than 30 | 12 |
| years with respect to 100
grams or more but less than | 13 |
| 400 grams of a substance containing
methamphetamine or | 14 |
| any salt of an optical isomer of
methamphetamine;
| 15 |
| (C) not less than 8 years and not more than 40 | 16 |
| years with
respect to
400 grams or more but less than | 17 |
| 900 grams of a substance containing
methamphetamine or | 18 |
| any salt of an optical isomer of
methamphetamine;
| 19 |
| (D) not less than 10 years and not more than 50 | 20 |
| years with
respect to
900 grams or more of any | 21 |
| substance containing methamphetamine or
any salt of an | 22 |
| optical isomer of methamphetamine;
| 23 |
| (7) (A) not less than 4 years and not more than 15 | 24 |
| years with respect
to: (i) 15 grams or more but less | 25 |
| than 100 grams of any substance containing
lysergic | 26 |
| acid diethylamide (LSD), or an analog thereof, or (ii) | 27 |
| 15 or
more objects or 15 or more segregated parts of an | 28 |
| object or objects but
less than 200 objects or 200 | 29 |
| segregated parts of an object or objects
containing in | 30 |
| them or having upon them any amount of any substance
| 31 |
| containing lysergic acid diethylamide (LSD), or an | 32 |
| analog thereof;
| 33 |
| (B) not less than 6 years and not more than 30 | 34 |
| years with respect
to: (i) 100 grams or more but less | 35 |
| than 400 grams of any substance
containing lysergic | 36 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
|
|
|
|
SB0562 Engrossed |
- 42 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| 200 or more objects or 200 or more segregated parts of | 2 |
| an object or objects
but less than 600 objects or less | 3 |
| than 600 segregated parts of an object or
objects | 4 |
| containing in them or having upon them any amount of | 5 |
| any substance
containing lysergic acid diethylamide | 6 |
| (LSD), or an analog thereof;
| 7 |
| (C) not less than 8 years and not more than 40 | 8 |
| years with respect
to: (i) 400 grams or more but less | 9 |
| than 900 grams of any substance
containing lysergic | 10 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
| 11 |
| 600 or more objects or 600 or more segregated parts of | 12 |
| an object or objects
but less than 1500 objects or 1500 | 13 |
| segregated parts of an object or objects
containing in | 14 |
| them or having upon them any amount of any substance
| 15 |
| containing lysergic acid diethylamide (LSD), or an | 16 |
| analog thereof;
| 17 |
| (D) not less than 10 years and not more than 50 | 18 |
| years with respect
to: (i) 900 grams or more of any | 19 |
| substance containing lysergic acid
diethylamide (LSD), | 20 |
| or an analog thereof, or (ii) 1500 or more objects or
| 21 |
| 1500 or more segregated parts of an object or objects | 22 |
| containing in them or
having upon them any amount of a | 23 |
| substance containing lysergic acid
diethylamide (LSD), | 24 |
| or an analog thereof;
| 25 |
| (7.5) (A) not less than 4 years and not more than 15 | 26 |
| years with respect
to: (i) 15
grams or more but
less | 27 |
| than 100 grams of any substance listed in paragraph | 28 |
| (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | 29 |
| (25), or (26) of subsection (d) of Section 204, or an
| 30 |
| analog or derivative
thereof, or (ii) 15 or more pills, | 31 |
| tablets, caplets, capsules, or objects but
less than | 32 |
| 200 pills,
tablets, caplets, capsules, or objects | 33 |
| containing in them or having upon them
any amount of | 34 |
| any
substance listed in paragraph (1), (2), (2.1), (3), | 35 |
| (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 36 |
| subsection (d) of Section 204, or an analog or |
|
|
|
SB0562 Engrossed |
- 43 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| derivative thereof;
| 2 |
| (B) not less than 6 years and not more than 30 | 3 |
| years with respect to: (i)
100
grams or more but
less | 4 |
| than 400 grams of any substance listed in paragraph | 5 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 6 |
| (25), or (26) of subsection (d) of Section 204, or an | 7 |
| analog or
derivative thereof, or
(ii) 200 or more | 8 |
| pills, tablets, caplets, capsules, or objects but less | 9 |
| than
600
pills, tablets,
caplets, capsules, or objects | 10 |
| containing in them or having upon them any amount
of | 11 |
| any
substance
listed in paragraph (1), (2), (2.1), (3), | 12 |
| (14.1), (19), (20), (20.1), (21),
(25), or (26) of | 13 |
| subsection
(d) of Section 204, or an analog or | 14 |
| derivative thereof;
| 15 |
| (C) not less than 8 years and not more than 40 | 16 |
| years with respect to: (i)
400
grams or more but
less | 17 |
| than 900 grams of any substance listed in paragraph | 18 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 19 |
| (25), or (26) of subsection (d) of Section 204, or an | 20 |
| analog or
derivative thereof,
or (ii) 600 or more | 21 |
| pills, tablets, caplets, capsules, or objects but less | 22 |
| than
1,500 pills, tablets,
caplets, capsules, or | 23 |
| objects containing in them or having upon them any | 24 |
| amount
of any
substance listed in paragraph (1), (2), | 25 |
| (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | 26 |
| (26) of
subsection (d) of Section 204, or an analog or | 27 |
| derivative thereof;
| 28 |
| (D) not less than 10 years and not more than 50 | 29 |
| years with respect to:
(i)
900 grams or more of
any | 30 |
| substance listed in paragraph (1), (2), (2.1), (3), | 31 |
| (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 32 |
| subsection (d) of Section 204, or an analog or | 33 |
| derivative thereof, or (ii)
1,500 or more pills,
| 34 |
| tablets, caplets, capsules, or objects containing in | 35 |
| them or having upon them
any amount of a
substance | 36 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19), |
|
|
|
SB0562 Engrossed |
- 44 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (20), (20.1),
(21), (25), or (26) of
subsection (d) of | 2 |
| Section 204, or an analog or derivative thereof;
| 3 |
| (8) 30 grams or more of any substance containing | 4 |
| pentazocine or any of
the salts, isomers and salts of | 5 |
| isomers of pentazocine, or an analog thereof;
| 6 |
| (9) 30 grams or more of any substance containing | 7 |
| methaqualone or any
of the salts, isomers and salts of | 8 |
| isomers of methaqualone;
| 9 |
| (10) 30 grams or more of any substance containing | 10 |
| phencyclidine or any
of the salts, isomers and salts of | 11 |
| isomers of phencyclidine (PCP);
| 12 |
| (10.5) 30 grams or more of any substance containing | 13 |
| ketamine or any of
the salts, isomers and salts of isomers | 14 |
| of ketamine;
| 15 |
| (11) 200 grams or more of any substance containing any | 16 |
| substance
classified as a narcotic drug in Schedules I or | 17 |
| II which is not otherwise
included in this subsection.
| 18 |
| (b) Any person sentenced with respect to violations of | 19 |
| paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) | 20 |
| involving 100
grams or more of the
controlled substance named | 21 |
| therein, may in addition to the penalties
provided therein, be | 22 |
| fined an amount not to exceed $200,000 or the full
street value | 23 |
| of the controlled or counterfeit substances, whichever is
| 24 |
| greater. The term "street value" shall have the meaning
| 25 |
| ascribed in Section 110-5 of the Code of Criminal Procedure of | 26 |
| 1963. Any
person sentenced with respect to any other provision | 27 |
| of subsection (a), may
in addition to the penalties provided | 28 |
| therein, be fined an amount not to
exceed $200,000.
| 29 |
| (c) Any person who violates this Section with regard to an | 30 |
| amount
of a controlled or counterfeit substance not set forth | 31 |
| in
subsection (a) or (d) is guilty of a Class 4 felony. The | 32 |
| fine for a
violation punishable under this subsection (c) shall | 33 |
| not be more
than $25,000.
| 34 |
| (d) Any person who violates this Section with regard to any | 35 |
| amount of
anabolic steroid is guilty of a Class C misdemeanor
| 36 |
| for the first offense and a Class B misdemeanor for a |
|
|
|
SB0562 Engrossed |
- 45 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| subsequent offense
committed within 2 years of a prior | 2 |
| conviction.
| 3 |
| (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; | 4 |
| 92-256, eff.
1-1-02.)
| 5 |
| (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| 6 |
| Sec. 407. (a) (1) (A) Any person 18 years of age or over who | 7 |
| violates any
subsection of Section 401 or subsection (b) of | 8 |
| Section 404 by delivering a
controlled, counterfeit or | 9 |
| look-alike substance to a person under 18 years
of age may be | 10 |
| sentenced to imprisonment for a term up to twice the maximum
| 11 |
| term and fined an amount up to twice that amount otherwise | 12 |
| authorized by
the pertinent subsection of Section 401 and | 13 |
| Subsection (b) of Section 404.
| 14 |
| (B) (Blank).
Any person 18 years of age or over who | 15 |
| violates subdivision
(a)(6.5), subdivision (a)(6.6), | 16 |
| subdivision (c)(6.5), subsection (c-5),
subsection (d), or | 17 |
| subsection (d-5) of Section 401 by
manufacturing | 18 |
| methamphetamine, preparing to manufacture methamphetamine, or
| 19 |
| storing methamphetamine, methamphetamine ingredients, or | 20 |
| methamphetamine waste
in any vehicle or real property where a | 21 |
| child under 18 years of age resides, is
present, or is | 22 |
| otherwise endangered by exposure to the methamphetamine,
| 23 |
| methamphetamine ingredients, methamphetamine waste, or | 24 |
| methamphetamine
manufacturing process may be sentenced to | 25 |
| imprisonment for a term up to
twice the maximum term and fined | 26 |
| an amount up to twice that amount otherwise
authorized by the | 27 |
| pertinent subsection of Section 401 and subsection (b) of
| 28 |
| Section 404.
| 29 |
| (2) Except as provided in paragraph (3) of this subsection, | 30 |
| any person
who violates:
| 31 |
| (A) subsection (c) of Section 401 by delivering or | 32 |
| possessing with
intent to deliver a controlled, | 33 |
| counterfeit, or look-alike substance in or
on, or within | 34 |
| 1,000 feet of, a truck stop or safety rest area, is guilty | 35 |
| of
a Class 1 felony, the fine for which shall not exceed |
|
|
|
SB0562 Engrossed |
- 46 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| $250,000;
| 2 |
| (B) subsection (d) of Section 401 by delivering or | 3 |
| possessing with
intent to deliver a controlled, | 4 |
| counterfeit, or look-alike substance in or
on, or within | 5 |
| 1,000 feet of, a truck stop or safety rest area, is guilty | 6 |
| of
a Class 2 felony, the fine for which shall not exceed | 7 |
| $200,000;
| 8 |
| (C) subsection (e) of Section 401 or subsection (b) of | 9 |
| Section 404
by delivering or possessing with intent to | 10 |
| deliver a controlled,
counterfeit, or look-alike substance | 11 |
| in or on, or within 1,000 feet of, a
truck stop or safety | 12 |
| rest area, is guilty of a Class 3 felony, the fine for
| 13 |
| which shall not exceed $150,000;
| 14 |
| (D) subsection (f) of Section 401 by delivering or | 15 |
| possessing with
intent to deliver a controlled, | 16 |
| counterfeit, or look-alike substance in or
on, or within | 17 |
| 1,000 feet of, a truck stop or safety rest area, is guilty | 18 |
| of
a Class 3 felony, the fine for which shall not exceed | 19 |
| $125,000;
| 20 |
| (E) subsection (g) of Section 401 by delivering or | 21 |
| possessing with
intent to deliver a controlled, | 22 |
| counterfeit, or look-alike substance in or
on, or within | 23 |
| 1,000 feet of, a truck stop or safety rest area, is guilty | 24 |
| of
a Class 3 felony, the fine for which shall not exceed | 25 |
| $100,000;
| 26 |
| (F) subsection (h) of Section 401 by delivering or | 27 |
| possessing with
intent to deliver a controlled, | 28 |
| counterfeit, or look-alike substance in or
on, or within | 29 |
| 1,000 feet of, a truck stop or safety rest area, is guilty | 30 |
| of
a Class 3 felony, the fine for which shall not exceed | 31 |
| $75,000;
| 32 |
| (3) Any person who violates paragraph (2) of this | 33 |
| subsection (a) by
delivering or possessing with intent to | 34 |
| deliver a controlled, counterfeit,
or look-alike substance in | 35 |
| or on, or within 1,000 feet of a truck stop or a
safety rest | 36 |
| area, following a prior conviction or convictions of paragraph
|
|
|
|
SB0562 Engrossed |
- 47 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (2) of this subsection (a) may be sentenced to a term of | 2 |
| imprisonment up to
2 times the maximum term and fined an amount | 3 |
| up to 2 times the amount
otherwise authorized by Section 401.
| 4 |
| (4) For the purposes of this subsection (a):
| 5 |
| (A) "Safety rest area" means a roadside facility | 6 |
| removed from the
roadway with parking and facilities | 7 |
| designed for motorists' rest, comfort,
and information | 8 |
| needs; and
| 9 |
| (B) "Truck stop" means any facility (and its parking | 10 |
| areas) used to
provide fuel or service, or both, to any | 11 |
| commercial motor vehicle as
defined in Section 18b-101 of | 12 |
| the Illinois Vehicle Code.
| 13 |
| (b) Any person who violates:
| 14 |
| (1) subsection (c) of Section 401 in any school, or any | 15 |
| conveyance
owned, leased or contracted by a school to | 16 |
| transport students to or from
school or a school related | 17 |
| activity, or residential property owned, operated or
| 18 |
| managed by a public housing agency or leased by a public | 19 |
| housing agency as part
of a scattered site or mixed-income | 20 |
| development, or public park, on the real
property | 21 |
| comprising any school or residential property owned, | 22 |
| operated or
managed by a public housing agency or leased by | 23 |
| a public housing agency as part
of a scattered site or | 24 |
| mixed-income development, or public park or
within 1,000 | 25 |
| feet of the real property comprising any school or
| 26 |
| residential property owned, operated or managed by a public | 27 |
| housing
agency
or leased by a public housing agency as part | 28 |
| of a scattered site or
mixed-income development, or public | 29 |
| park, on the real property comprising any
church, | 30 |
| synagogue, or
other building, structure, or place used | 31 |
| primarily for religious worship, or
within 1,000 feet of | 32 |
| the real property comprising any church, synagogue, or
| 33 |
| other building, structure, or place used primarily for | 34 |
| religious worship, on
the real property comprising any of | 35 |
| the following places, buildings, or
structures used | 36 |
| primarily for housing or providing space for activities for
|
|
|
|
SB0562 Engrossed |
- 48 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| senior citizens: nursing homes, assisted-living centers, | 2 |
| senior citizen housing
complexes, or senior centers | 3 |
| oriented toward daytime activities, or within
1,000 feet of | 4 |
| the real property comprising any of the following places,
| 5 |
| buildings, or structures used primarily for housing or | 6 |
| providing space for
activities for senior citizens: | 7 |
| nursing homes, assisted-living centers, senior
citizen | 8 |
| housing complexes, or senior centers oriented toward | 9 |
| daytime activities
is guilty of a Class X felony, the fine | 10 |
| for which shall not
exceed $500,000;
| 11 |
| (2) subsection (d) of Section 401 in any school, or any | 12 |
| conveyance
owned, leased or contracted by a school to | 13 |
| transport students to or from
school or a school related | 14 |
| activity, or residential property owned,
operated or | 15 |
| managed by a public housing agency or leased by a public | 16 |
| housing
agency as part of a scattered site or mixed-income | 17 |
| development, or public park,
on the real property | 18 |
| comprising any school or residential property owned,
| 19 |
| operated or managed by a public housing agency or leased by | 20 |
| a public housing
agency as part of a scattered site or | 21 |
| mixed-income development, or public park
or within 1,000 | 22 |
| feet of the real property comprising any school or | 23 |
| residential
property owned, operated or managed by a public | 24 |
| housing agency or leased by a
public housing agency as part | 25 |
| of a scattered site or mixed-income development,
or public | 26 |
| park, on the real property comprising any church, | 27 |
| synagogue, or other
building, structure, or place used | 28 |
| primarily for religious worship, or
within 1,000 feet of | 29 |
| the real property comprising any church,
synagogue, or | 30 |
| other building, structure, or place used primarily for | 31 |
| religious
worship, on the real property comprising any of | 32 |
| the following places,
buildings, or
structures used | 33 |
| primarily for housing or providing space for activities for
| 34 |
| senior citizens: nursing homes, assisted-living centers, | 35 |
| senior citizen housing
complexes, or senior centers | 36 |
| oriented toward daytime activities, or within
1,000 feet of |
|
|
|
SB0562 Engrossed |
- 49 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| the real property comprising any of the following
places, | 2 |
| buildings, or structures used primarily for housing or | 3 |
| providing space
for activities for senior citizens: | 4 |
| nursing homes, assisted-living centers,
senior citizen | 5 |
| housing complexes, or senior centers oriented toward | 6 |
| daytime
activities is guilty of a Class 1 felony, the fine | 7 |
| for which shall not exceed
$250,000;
| 8 |
| (3) subsection (e) of Section 401 or Subsection (b) of | 9 |
| Section 404 in
any school, or any conveyance owned, leased | 10 |
| or contracted by a school to
transport students to or from | 11 |
| school or a school related activity, or
residential | 12 |
| property owned, operated or managed by a public housing | 13 |
| agency or
leased by a public housing agency as part of a | 14 |
| scattered site or mixed-income
development, or public | 15 |
| park, on the real property comprising any school or
| 16 |
| residential property owned, operated or managed by a public | 17 |
| housing agency or
leased by a public housing agency as part | 18 |
| of a scattered site or mixed-income
development, or public | 19 |
| park or within 1,000 feet of the real property
comprising
| 20 |
| any school or residential property owned, operated or | 21 |
| managed by a
public housing agency or leased by a public | 22 |
| housing agency as part of a
scattered site or mixed-income | 23 |
| development, or public park, on the real
property | 24 |
| comprising any church, synagogue, or other building, | 25 |
| structure, or
place used primarily for religious worship, | 26 |
| or within 1,000 feet of the real
property comprising any | 27 |
| church, synagogue, or other building, structure, or
place | 28 |
| used primarily for religious worship, on the real property | 29 |
| comprising any
of the following places, buildings, or | 30 |
| structures used primarily for housing or
providing space | 31 |
| for activities for
senior citizens: nursing homes, | 32 |
| assisted-living centers, senior citizen housing
complexes, | 33 |
| or senior centers oriented toward daytime activities, or | 34 |
| within
1,000 feet of the real property comprising any of | 35 |
| the following
places, buildings, or structures used | 36 |
| primarily for housing or providing space
for activities for |
|
|
|
SB0562 Engrossed |
- 50 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| senior citizens: nursing homes, assisted-living centers,
| 2 |
| senior citizen housing complexes, or senior centers | 3 |
| oriented toward daytime
activities is guilty of a Class 2 | 4 |
| felony, the fine for
which shall not exceed $200,000;
| 5 |
| (4) subsection (f) of Section 401 in any school, or any | 6 |
| conveyance
owned, leased or contracted by a school to | 7 |
| transport students to or from
school or a school related | 8 |
| activity, or residential property owned,
operated or | 9 |
| managed by a public housing agency
or leased by a public | 10 |
| housing agency as part of a scattered site or
mixed-income | 11 |
| development,
or public park, on the real
property | 12 |
| comprising any school or residential property owned, | 13 |
| operated or
managed by a public housing agency
or leased by | 14 |
| a public housing agency as part of a scattered site or
| 15 |
| mixed-income development,
or public park or
within 1,000 | 16 |
| feet of the real property comprising any school or | 17 |
| residential
property owned, operated or managed by a public | 18 |
| housing agency
or leased by a public housing agency as part | 19 |
| of a scattered site or
mixed-income development,
or public
| 20 |
| park, on the real property comprising any church, | 21 |
| synagogue, or other
building,
structure, or place used | 22 |
| primarily for religious worship, or
within 1,000 feet of | 23 |
| the real property comprising any church,
synagogue, or | 24 |
| other building, structure, or place used primarily for | 25 |
| religious
worship, on the real property comprising any of | 26 |
| the following places,
buildings, or
structures used | 27 |
| primarily for housing or providing space for activities for
| 28 |
| senior citizens: nursing homes, assisted-living centers, | 29 |
| senior citizen housing
complexes, or senior centers | 30 |
| oriented toward daytime activities, or within
1,000 feet of | 31 |
| the real property comprising any of the following
places, | 32 |
| buildings, or structures used primarily for housing or | 33 |
| providing space
for activities for senior citizens: | 34 |
| nursing homes, assisted-living centers,
senior citizen | 35 |
| housing complexes, or senior centers oriented toward | 36 |
| daytime
activities
is guilty of a Class 2 felony, the fine |
|
|
|
SB0562 Engrossed |
- 51 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| for which shall not exceed
$150,000;
| 2 |
| (5) subsection (g) of Section 401 in any school, or any | 3 |
| conveyance
owned, leased or contracted by a school to | 4 |
| transport students to or from
school or a school related | 5 |
| activity, or residential property owned,
operated or | 6 |
| managed by a public housing agency
or leased by a public | 7 |
| housing agency as part of a scattered site or
mixed-income | 8 |
| development,
or public park, on the real
property | 9 |
| comprising any school or residential property owned, | 10 |
| operated or
managed by a public housing agency
or leased by | 11 |
| a public housing agency as part of a scattered site or
| 12 |
| mixed-income development,
or public park or
within 1,000 | 13 |
| feet of the real property comprising any school or | 14 |
| residential
property owned, operated or managed by a public | 15 |
| housing agency
or leased by a public housing agency as part | 16 |
| of a scattered site or
mixed-income development,
or public
| 17 |
| park, on the real property comprising any church, | 18 |
| synagogue, or other
building,
structure, or place used | 19 |
| primarily for religious worship, or
within 1,000 feet of | 20 |
| the real property comprising any church,
synagogue, or | 21 |
| other building, structure, or place used primarily for | 22 |
| religious
worship, on the real property comprising any of | 23 |
| the following places,
buildings, or
structures used | 24 |
| primarily for housing or providing space for activities for
| 25 |
| senior citizens: nursing homes, assisted-living centers, | 26 |
| senior citizen housing
complexes, or senior centers | 27 |
| oriented toward daytime activities, or within
1,000 feet of | 28 |
| the real property comprising any of the following
places, | 29 |
| buildings, or structures used primarily for housing or | 30 |
| providing space
for activities for senior citizens: | 31 |
| nursing homes, assisted-living centers,
senior citizen | 32 |
| housing complexes, or senior centers oriented toward | 33 |
| daytime
activities
is guilty of a Class 2 felony, the fine | 34 |
| for which shall not exceed $125,000;
| 35 |
| (6) subsection (h) of Section 401 in any school, or any | 36 |
| conveyance
owned, leased or contracted by a school to |
|
|
|
SB0562 Engrossed |
- 52 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| transport students to or from
school or a school related | 2 |
| activity, or residential property owned,
operated or | 3 |
| managed by a public housing agency
or leased by a public | 4 |
| housing agency as part of a scattered site or
mixed-income | 5 |
| development,
or public park, on the real
property | 6 |
| comprising any school or residential property owned, | 7 |
| operated or
managed by a public housing agency
or leased by | 8 |
| a public housing agency as part of a scattered site or
| 9 |
| mixed-income development,
or public park or within 1,000 | 10 |
| feet of the real property comprising any school
or | 11 |
| residential
property owned, operated or managed by a public | 12 |
| housing agency
or leased by a public housing agency as part | 13 |
| of a scattered site or
mixed-income development,
or public
| 14 |
| park, on the real property comprising any church, | 15 |
| synagogue, or other
building,
structure, or place used | 16 |
| primarily for religious worship, or
within 1,000 feet of | 17 |
| the real property comprising any church,
synagogue, or | 18 |
| other building, structure, or place used primarily for | 19 |
| religious
worship, on the real property comprising any of | 20 |
| the following places,
buildings, or
structures used | 21 |
| primarily for housing or providing space for activities for
| 22 |
| senior citizens: nursing homes, assisted-living centers, | 23 |
| senior citizen housing
complexes, or senior centers | 24 |
| oriented toward daytime activities, or within
1,000 feet of | 25 |
| the real property comprising any of the following
places, | 26 |
| buildings, or structures used primarily for housing or | 27 |
| providing space
for activities for senior citizens: | 28 |
| nursing homes, assisted-living centers,
senior citizen | 29 |
| housing complexes, or senior centers oriented toward | 30 |
| daytime
activities
is guilty of a Class 2 felony, the fine | 31 |
| for which shall not exceed
$100,000.
| 32 |
| (c) Regarding penalties prescribed in subsection
(b) for | 33 |
| violations committed in a school or on or within
1,000 feet of | 34 |
| school property, the time of day, time of year and whether
| 35 |
| classes were currently in session at the time of the offense is | 36 |
| irrelevant.
|
|
|
|
SB0562 Engrossed |
- 53 - |
LRB094 10607 RLC 40928 b |
|
| 1 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-223, eff. 1-1-04.)
| 2 |
| (720 ILCS 570/405.3 rep.)
| 3 |
| (720 ILCS 570/411.3 rep.)
| 4 |
| Section 915. The Illinois Controlled Substances Act is | 5 |
| amended by repealing Sections 405.3 and 411.3.
| 6 |
| Section 999. Effective date. This Act takes effect 30 days | 7 |
| after becoming law.
|
|