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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5901
Introduced , by Rep. Jil Tracy - David Reis SYNOPSIS AS INTRODUCED: |
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720 ILCS 646/10 |
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720 ILCS 646/20 |
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720 ILCS 646/25 |
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720 ILCS 646/30 |
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720 ILCS 646/56 |
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Amends the Methamphetamine Control and Community Protection Act. Defines "methamphetamine precursor" to include anhydrous ammonia. Exempts from violations, possession, procurement, transportation, storage, or delivery of anhydrous ammonia by a farmer or agent of a farmer engaged in agricultural activities.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5901 |
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LRB095 15487 RLC 41480 b |
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| AN ACT concerning criminal law.
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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 5. The Methamphetamine Control and Community |
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| Protection Act is amended by changing Sections 10, 20, 25, 30, |
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| and 56 as follows: |
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| (720 ILCS 646/10)
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| Sec. 10. Definitions. As used in this Act: |
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| "Anhydrous ammonia" has the meaning provided in subsection |
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| (d) of Section 3 of the Illinois Fertilizer Act of 1961.
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| "Anhydrous ammonia equipment" means all items used to |
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| store, hold, contain, handle, transfer, transport, or apply |
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| anhydrous ammonia for lawful purposes.
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| "Booby trap" means any device designed to cause physical |
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| injury when triggered by an act of a person approaching, |
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| entering, or moving through a structure, a vehicle, or any |
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| location where methamphetamine has been manufactured, is being |
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| manufactured, or is intended to be manufactured.
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| "Deliver" or "delivery" has the meaning provided in |
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| subsection (h) of Section 102 of the Illinois Controlled |
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| Substances Act.
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| "Director" means the Director of State Police or the |
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| Director's designated agents.
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LRB095 15487 RLC 41480 b |
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| "Dispose" or "disposal" means to abandon, discharge, |
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| release, deposit, inject, dump, spill, leak, or place |
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| methamphetamine waste onto or into any land, water, or well of |
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| any type so that the waste has the potential to enter the |
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| environment, be emitted into the air, or be discharged into the |
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| soil or any waters, including groundwater.
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| "Emergency response" means the act of collecting evidence, |
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| securing a methamphetamine laboratory site, methamphetamine |
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| waste site or other methamphetamine-related site and cleaning |
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| up the site, whether these actions are performed by public |
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| entities or private contractors paid by public entities.
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| "Emergency service provider" means a local, State, or |
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| federal peace officer, firefighter, emergency medical |
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| technician-ambulance, emergency
medical |
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| technician-intermediate, emergency medical |
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| technician-paramedic, ambulance driver, or other medical or |
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| first aid personnel rendering aid, or any agent or designee of |
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| the foregoing.
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| "Finished methamphetamine" means methamphetamine in a form |
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| commonly used for personal consumption. |
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| "Firearm" has the meaning provided in Section 1.1 of the |
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| Firearm Owners Identification Card Act.
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| "Manufacture" means to produce, prepare, compound, |
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| convert, process, synthesize, concentrate, purify, separate, |
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| extract, or package any methamphetamine, methamphetamine |
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| precursor, methamphetamine manufacturing catalyst, |
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HB5901 |
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LRB095 15487 RLC 41480 b |
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| methamphetamine manufacturing reagent, methamphetamine |
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| manufacturing solvent, or any substance containing any of the |
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| foregoing.
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| "Methamphetamine" means the chemical methamphetamine (a |
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| Schedule II controlled substance under the Illinois Controlled |
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| Substances Act) or any salt, optical isomer, salt of optical |
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| isomer, or analog thereof, with the exception of |
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| 3,4-Methylenedioxymethamphetamine (MDMA) or any other |
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| scheduled substance with a separate listing under the Illinois |
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| Controlled Substances Act. |
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| "Methamphetamine manufacturing catalyst" means any |
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| substance that has been used, is being used, or is intended to |
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| be used to activate, accelerate, extend, or improve a chemical |
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| reaction involved in the manufacture of methamphetamine.
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| "Methamphetamine manufacturing environment" means a |
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| structure or vehicle in which:
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| (1) methamphetamine is being or has been manufactured;
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| (2) chemicals that are being used, have been used, or |
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| are intended to be used to manufacture methamphetamine are |
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| stored;
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| (3) methamphetamine manufacturing materials that have |
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| been used to manufacture methamphetamine are stored; or
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| (4) methamphetamine manufacturing waste is stored.
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| "Methamphetamine manufacturing material" means any |
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| methamphetamine precursor, substance containing any |
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| methamphetamine precursor, methamphetamine manufacturing |
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LRB095 15487 RLC 41480 b |
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| catalyst, substance containing any methamphetamine |
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| manufacturing catalyst, methamphetamine manufacturing reagent, |
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| substance containing any methamphetamine manufacturing |
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| reagent, methamphetamine manufacturing solvent, substance |
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| containing any methamphetamine manufacturing solvent, or any |
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| other chemical, substance, ingredient, equipment, apparatus, |
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| or item that is being used, has been used, or is intended to be |
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| used in the manufacture of methamphetamine.
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| "Methamphetamine manufacturing reagent" means any |
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| substance other than a methamphetamine manufacturing catalyst |
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| that has been used, is being used, or is intended to be used to |
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| react with and chemically alter any methamphetamine precursor. |
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| "Methamphetamine manufacturing solvent" means any |
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| substance that has been used, is being used, or is intended to |
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| be used as a medium in which any methamphetamine precursor, |
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| methamphetamine manufacturing catalyst, methamphetamine |
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| manufacturing reagent, or any substance containing any of the |
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| foregoing is dissolved, diluted, or washed during any part of |
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| the methamphetamine manufacturing process.
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| "Methamphetamine manufacturing waste" means any chemical, |
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| substance, ingredient, equipment, apparatus, or item that is |
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| left over from, results from, or is produced by the process of |
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| manufacturing methamphetamine, other than finished |
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| methamphetamine.
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| "Methamphetamine precursor" means anhydrous ammonia, |
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| ephedrine, pseudoephedrine, benzyl methyl ketone, methyl |
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LRB095 15487 RLC 41480 b |
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| benzyl ketone, phenylacetone, phenyl-2-propanone, P2P, or any |
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| salt, optical isomer, or salt of an optical isomer of any of |
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| these chemicals.
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| "Multi-unit dwelling" means a unified structure used or |
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| intended for use as a habitation, home, or residence that |
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| contains 2 or more condominiums, apartments, hotel rooms, motel |
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| rooms, or other living units.
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| "Package" means an item marked for retail sale that is not |
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| designed to be further broken down or subdivided for the |
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| purpose of retail sale.
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| "Participate" or "participation" in the manufacture of |
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| methamphetamine means to produce, prepare, compound, convert, |
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| process, synthesize, concentrate, purify, separate, extract, |
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| or package any methamphetamine, methamphetamine precursor, |
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| methamphetamine manufacturing catalyst, methamphetamine |
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| manufacturing reagent, methamphetamine manufacturing solvent, |
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| or any substance containing any of the foregoing, or to assist |
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| in any of these actions, or to attempt to take any of these |
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| actions, regardless of whether this action or these actions |
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| result in the production of finished methamphetamine.
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| "Person with a disability" means a person who suffers from |
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| a permanent physical or mental impairment resulting from |
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| disease, injury, functional disorder, or congenital condition |
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| which renders the person incapable of adequately providing for |
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| his or her own health and personal care.
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| "Procure" means to purchase, steal, gather, or otherwise |
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LRB095 15487 RLC 41480 b |
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| obtain, by legal or illegal means, or to cause another to take |
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| such action.
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| "Second or subsequent offense" means an offense under this |
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| Act committed by an offender who previously committed an |
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| offense under this Act, the Illinois Controlled Substances Act, |
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| the Cannabis Control Act, or another Act of this State, another |
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| state, or the United States relating to methamphetamine, |
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| cannabis, or any other controlled substance.
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| "Standard dosage form", as used in relation to any |
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| methamphetamine precursor, means that the methamphetamine |
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| precursor is contained in a pill, tablet, capsule, caplet, gel |
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| cap, or liquid cap that has been manufactured by a lawful |
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| entity and contains a standard quantity of methamphetamine |
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| precursor.
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| "Unauthorized container", as used in relation to anhydrous |
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| ammonia, means any container that is not designed for the |
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| specific and sole purpose of holding, storing, transporting, or |
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| applying anhydrous ammonia. "Unauthorized container" includes, |
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| but is not limited to, any propane tank, fire extinguisher, |
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| oxygen cylinder, gasoline can, food or beverage cooler, or |
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| compressed gas cylinder used in dispensing fountain drinks. |
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| "Unauthorized container" does not encompass anhydrous ammonia |
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| manufacturing plants, refrigeration systems
where anhydrous |
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| ammonia is used solely as a refrigerant, anhydrous ammonia |
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| transportation pipelines, anhydrous ammonia tankers, or |
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| anhydrous ammonia barges.
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LRB095 15487 RLC 41480 b |
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| (Source: P.A. 94-556, eff. 9-11-05.) |
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| (720 ILCS 646/20)
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| Sec. 20. Methamphetamine precursor. |
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| (a) Methamphetamine precursor or substance containing any |
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| methamphetamine precursor in standard dosage form. |
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| (1) It is unlawful to knowingly possess, procure, |
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| transport, store, or deliver any methamphetamine precursor |
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| or substance containing any methamphetamine precursor in |
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| standard dosage form with the intent that it be used to |
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| manufacture methamphetamine or a substance containing |
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| methamphetamine.
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| (2) Except as otherwise provided in subsection (b-5), a |
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| A person who violates paragraph (1) of this subsection (a) |
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| is subject to the following penalties:
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| (A) A person who possesses, procures, transports, |
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| stores, or delivers less than 15 grams of |
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| methamphetamine precursor or substance containing any |
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| methamphetamine precursor is guilty of a Class 2 |
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| felony.
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| (B) A person who possesses, procures, transports, |
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| stores, or delivers 15 or more grams but less than 30 |
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| grams of methamphetamine precursor or substance |
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| containing any methamphetamine precursor is guilty of |
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| a Class 1 felony.
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| (C) A person who possesses, procures, transports, |
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LRB095 15487 RLC 41480 b |
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| stores, or delivers 30 or more grams but less than 150 |
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| grams of methamphetamine precursor or substance |
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| containing any methamphetamine precursor is guilty of |
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| a Class X felony, subject to a term of imprisonment of |
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| not less than 6 years and not more than 30 years, and |
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| subject to a fine not to exceed $100,000.
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| (D) A person who possesses, procures, transports, |
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| stores, or delivers 150 or more grams but less than 500 |
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| grams of methamphetamine precursor or substance |
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| containing any methamphetamine precursor is guilty of |
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| a Class X felony, subject to a term of imprisonment of |
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| not less than 8 years and not more than 40 years, and |
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| subject to a fine not to exceed $200,000.
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| (E) A person who possesses, procures, transports, |
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| stores, or delivers 500 or more grams of |
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| methamphetamine precursor or substance containing any |
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| methamphetamine precursor is guilty of a Class X |
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| felony, subject to a term of imprisonment of not less |
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| than 10 years and not more than 50 years, and subject |
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| to a fine not to exceed $300,000.
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| (b) Methamphetamine precursor or substance containing any |
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| methamphetamine precursor in any form other than a standard |
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| dosage form. |
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| (1) It is unlawful to knowingly possess, procure, |
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| transport, store, or deliver any methamphetamine precursor |
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| or substance containing any methamphetamine precursor in |
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LRB095 15487 RLC 41480 b |
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| any form other than a standard dosage form with the intent |
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| that it be used to manufacture methamphetamine or a |
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| substance containing methamphetamine.
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| (2) Except as otherwise provided in subsection (b-5), a |
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| A person who violates paragraph (1) of this subsection (b) |
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| is subject to the following penalties:
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| (A) A person who violates paragraph (1) of this |
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| subsection (b) with the intent that less than 10 grams |
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| of methamphetamine or a substance containing |
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| methamphetamine be manufactured is guilty of a Class 2 |
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| felony.
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| (B) A person who violates paragraph (1) of this |
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| subsection (b) with the intent that 10 or more grams |
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| but less than 20 grams of methamphetamine or a |
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| substance containing methamphetamine be manufactured |
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| is guilty of a Class 1 felony.
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| (C) A person who violates paragraph (1) of this |
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| subsection (b) with the intent that 20 or more grams |
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| but less than 100 grams of methamphetamine or a |
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| substance containing methamphetamine be manufactured |
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| is guilty of a Class X felony, subject to a term of |
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| imprisonment of not less than 6 years and not more than |
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| 30 years, and subject to a fine not to exceed $100,000.
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| (D) A person who violates paragraph (1) of this |
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| subsection (b) with the intent that 100 or more grams |
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| but less than 350 grams of methamphetamine or a |
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LRB095 15487 RLC 41480 b |
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| substance containing methamphetamine be manufactured |
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| is guilty of a Class X felony, subject to a term of |
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| imprisonment of not less than 8 years and not more than |
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| 40 years, and subject to a fine not to exceed $200,000.
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| (E) A person who violates paragraph (1) of this |
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| subsection (b) with the intent that 350 or more grams |
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| of methamphetamine or a substance containing |
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| methamphetamine be manufactured is guilty of a Class X |
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| felony, subject to a term of imprisonment of not less |
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| than 10 years and not more than 50 years, and subject |
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| to a fine not to exceed $300,000.
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| (b-5) A person who violates paragraph (1) of subsection (b) |
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| if the methamphetamine precursor is anhydrous ammonia is guilty |
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| of a Class 1 felony.
A person who violates paragraph (1) of |
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| subsection (b) if the methamphetamine precursor is anhydrous |
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| ammonia is guilty of a Class X felony, subject to a term of |
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| imprisonment of not less than 6 years and not more than 30 |
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| years, and subject to a fine not to exceed $100,000 if the |
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| following aggravating factors are present: |
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| (A) the person knowingly commits a violation in a |
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| multi-unit
dwelling; |
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| (B) the person knowingly commits a violation in a |
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| structure
or vehicle where a child under the age of 18, or |
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| a person with a disability, or a person who is 60 years of |
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| age or older who is incapable of adequately providing for |
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| his or her own health and personal care resides, is |
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LRB095 15487 RLC 41480 b |
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| present, or is endangered by the anhydrous ammonia; |
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| (C) the person's possession, procurement,
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| transportation, storage, or delivery of anhydrous ammonia |
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| is a contributing cause of the death, serious bodily |
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| injury, disability, or disfigurement of another person; or |
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| (D) the person's possession, procurement,
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| transportation, storage, or delivery of anhydrous ammonia |
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| is a contributing cause of a fire or explosion that damages |
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| property belonging to another person. |
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| This Section does not apply to the possession, procurement, |
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| transportation, storage, or delivery of anhydrous ammonia by a |
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| farmer or agent of a farmer engaged in agricultural activities. |
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| (c) Rule of evidence. The presence of any methamphetamine |
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| precursor in a sealed, factory imprinted container, including, |
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| but not limited to, a bottle, box, package, or blister pack, at |
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| the time of seizure by law enforcement, is prima facie evidence |
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| that the methamphetamine precursor located within the |
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| container is in fact the material so described and in the |
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| amount listed on the container. The factory imprinted container |
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| is admissible for a violation of this Act for purposes of |
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| proving the contents of the container.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
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| (720 ILCS 646/25)
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| Sec. 25. Anhydrous ammonia. |
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| (a) (Blank) Possession, procurement, transportation, |
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LRB095 15487 RLC 41480 b |
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| storage, or delivery of anhydrous ammonia with the intent that |
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| it be used to manufacture methamphetamine .
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| (1) It is unlawful to knowingly engage in the |
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| possession, procurement, transportation, storage, or |
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| delivery of anhydrous ammonia or to attempt to engage in |
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| any of these activities or to assist another in engaging in |
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| any of these activities with the intent that the anhydrous |
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| ammonia be used to manufacture methamphetamine.
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| (2) A person who violates paragraph (1) of this |
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| subsection
(a) is guilty of a Class 1 felony.
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| (b) (Blank) Aggravated possession, procurement, |
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| transportation, storage, or delivery of anhydrous ammonia with |
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| the intent that it be used to manufacture methamphetamine .
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| (1) It is unlawful to knowingly engage in the |
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| aggravated possession, procurement, transportation, |
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| storage, or delivery of anhydrous ammonia with the intent |
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| that it be used to manufacture methamphetamine. A person |
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| commits this offense when the person engages in the |
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| possession, procurement, transportation, storage, or |
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| delivery of anhydrous ammonia or attempts to engage in any |
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| of these activities or assists another in engaging in any |
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| of these activities with the intent that the anhydrous |
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| ammonia be used to manufacture methamphetamine and:
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| (A) the person knowingly does so in a multi-unit |
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| dwelling;
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| (B) the person knowingly does so in a structure or |
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LRB095 15487 RLC 41480 b |
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| vehicle where a child under the age of 18, or a person |
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| with a disability, or a person who is 60 years of age |
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| or older who is incapable of adequately providing for |
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| his or her own health and personal care resides, is |
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| present, or is endangered by the anhydrous ammonia;
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| (C) the person's possession, procurement, |
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| transportation, storage, or delivery of anhydrous |
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| ammonia is a contributing cause of the death, serious |
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| bodily injury, disability, or disfigurement of another |
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| person; or
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| (D) the person's possession, procurement, |
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| transportation, storage, or delivery of anhydrous |
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| ammonia is a contributing cause of a fire or explosion |
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| that damages property belonging to another person.
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| (2) A person who violates paragraph (1) of this |
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| subsection (b) is guilty of a Class X felony, subject to a |
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| term of imprisonment of not less than 6 years and not more |
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| than 30 years, and subject to a fine not to exceed |
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| $100,000.
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| (c) Possession, procurement, transportation, storage, or |
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| delivery of anhydrous ammonia in an unauthorized container.
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| (1) It is unlawful to knowingly possess, procure, |
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| transport, store, or deliver anhydrous ammonia in an |
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| unauthorized container.
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| (1.5) It is unlawful to attempt to possess, procure, |
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| transport, store, or deliver anhydrous ammonia in an |
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LRB095 15487 RLC 41480 b |
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| unauthorized container.
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| (2) A person who violates paragraph (1) of this |
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| subsection (c) is guilty of a Class 3 felony.
A person who |
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| violates paragraph (1.5) of this subsection (c) is guilty |
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| of a Class 4 felony.
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| (3) Affirmative defense. It is an affirmative defense |
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| that the person charged possessed, procured, transported, |
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| stored, or delivered anhydrous ammonia in a manner that |
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| substantially complied with the rules governing anhydrous |
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| ammonia equipment found in 8 Illinois Administrative Code |
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| Section 215, in 92 Illinois Administrative Code Sections |
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| 171 through 180, or in any provision of the Code of Federal |
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| Regulations incorporated by reference into these Sections |
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| of the Illinois Administrative Code.
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| (d) Tampering with anhydrous ammonia equipment.
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| (1) It is unlawful to knowingly tamper with anhydrous |
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| ammonia equipment. A person tampers with anhydrous ammonia |
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| equipment when, without authorization from the lawful |
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| owner, the person:
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| (A) removes or attempts to remove anhydrous |
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| ammonia from the anhydrous ammonia equipment used by |
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| the lawful owner;
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| (B) damages or attempts to damage the anhydrous |
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| ammonia equipment used by the lawful owner; or
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| (C) vents or attempts to vent anhydrous ammonia
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| into the environment.
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LRB095 15487 RLC 41480 b |
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| (2) A person who violates paragraph (1) of this |
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| subsection (d) is guilty of a Class 3 felony.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; |
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| 95-690, eff. 1-1-08.) |
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| (720 ILCS 646/30)
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| Sec. 30. Methamphetamine manufacturing material. |
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| (a) It is unlawful to knowingly engage in the possession, |
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| procurement, transportation, storage, or delivery of any |
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| methamphetamine manufacturing material, other than a |
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| methamphetamine precursor or , substance containing a |
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| methamphetamine precursor , or anhydrous ammonia, with the |
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| intent that it be used to manufacture methamphetamine.
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| (b) A person who violates subsection (a) of this Section is |
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| guilty of a Class 2 felony.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
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| (720 ILCS 646/56) |
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| Sec. 56. Methamphetamine trafficking. |
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| (a) Except for purposes as authorized by this Act, any |
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| person who knowingly brings, or causes to be brought, into this |
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| State methamphetamine , anhydrous ammonia, or a methamphetamine |
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| precursor for the purpose of manufacture or delivery of |
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| methamphetamine or with the intent to manufacture or deliver |
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| methamphetamine is guilty of methamphetamine trafficking. |
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| (b) A person convicted of methamphetamine trafficking |
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HB5901 |
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LRB095 15487 RLC 41480 b |
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| shall be sentenced to a term of imprisonment of not less than |
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| twice the minimum term and not more than twice the maximum term |
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| of imprisonment based upon the amount of methamphetamine |
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| brought or caused to be brought into this State, as provided in |
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| subsection (a) of Section 55 of this Act. |
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| (c) A person convicted of methamphetamine trafficking |
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| based upon a methamphetamine precursor shall be sentenced to a |
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| term of imprisonment of not less than twice the minimum term |
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| and not more than twice the maximum term of imprisonment based |
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| upon the amount of methamphetamine precursor provided in |
11 |
| subsection (a) or (b) of Section 20 of this Act brought or |
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| caused to be brought into this State.
|
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| (d) (Blank) A person convicted of methamphetamine |
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| trafficking based upon anhydrous ammonia under paragraph (1) of |
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| subsection (a) of Section 25 of this Act shall be sentenced to |
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| a term of imprisonment of not less than twice the minimum term |
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| and not more than twice the maximum term of imprisonment |
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| provided in paragraph (1) of subsection (a) of Section 25 of |
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| this Act .
|
20 |
| (Source: P.A. 94-830, eff. 6-5-06.)
|