Full Text of HB5901 95th General Assembly
HB5901 95TH GENERAL ASSEMBLY
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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 | 5 |
| Protection Act is amended by changing Sections 10, 20, 25, 30, | 6 |
| and 56 as follows: | 7 |
| (720 ILCS 646/10)
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| Sec. 10. Definitions. As used in this Act: | 9 |
| "Anhydrous ammonia" has the meaning provided in subsection | 10 |
| (d) of Section 3 of the Illinois Fertilizer Act of 1961.
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| "Anhydrous ammonia equipment" means all items used to | 12 |
| store, hold, contain, handle, transfer, transport, or apply | 13 |
| anhydrous ammonia for lawful purposes.
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| "Booby trap" means any device designed to cause physical | 15 |
| injury when triggered by an act of a person approaching, | 16 |
| entering, or moving through a structure, a vehicle, or any | 17 |
| location where methamphetamine has been manufactured, is being | 18 |
| manufactured, or is intended to be manufactured.
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| "Deliver" or "delivery" has the meaning provided in | 20 |
| subsection (h) of Section 102 of the Illinois Controlled | 21 |
| Substances Act.
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| "Director" means the Director of State Police or the | 23 |
| Director's designated agents.
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| "Dispose" or "disposal" means to abandon, discharge, | 2 |
| release, deposit, inject, dump, spill, leak, or place | 3 |
| methamphetamine waste onto or into any land, water, or well of | 4 |
| any type so that the waste has the potential to enter the | 5 |
| environment, be emitted into the air, or be discharged into the | 6 |
| soil or any waters, including groundwater.
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| "Emergency response" means the act of collecting evidence, | 8 |
| securing a methamphetamine laboratory site, methamphetamine | 9 |
| waste site or other methamphetamine-related site and cleaning | 10 |
| up the site, whether these actions are performed by public | 11 |
| entities or private contractors paid by public entities.
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| "Emergency service provider" means a local, State, or | 13 |
| federal peace officer, firefighter, emergency medical | 14 |
| technician-ambulance, emergency
medical | 15 |
| technician-intermediate, emergency medical | 16 |
| technician-paramedic, ambulance driver, or other medical or | 17 |
| first aid personnel rendering aid, or any agent or designee of | 18 |
| the foregoing.
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| "Finished methamphetamine" means methamphetamine in a form | 20 |
| commonly used for personal consumption. | 21 |
| "Firearm" has the meaning provided in Section 1.1 of the | 22 |
| Firearm Owners Identification Card Act.
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| "Manufacture" means to produce, prepare, compound, | 24 |
| convert, process, synthesize, concentrate, purify, separate, | 25 |
| extract, or package any methamphetamine, methamphetamine | 26 |
| precursor, methamphetamine manufacturing catalyst, |
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| methamphetamine manufacturing reagent, methamphetamine | 2 |
| manufacturing solvent, or any substance containing any of the | 3 |
| foregoing.
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| "Methamphetamine" means the chemical methamphetamine (a | 5 |
| Schedule II controlled substance under the Illinois Controlled | 6 |
| Substances Act) or any salt, optical isomer, salt of optical | 7 |
| isomer, or analog thereof, with the exception of | 8 |
| 3,4-Methylenedioxymethamphetamine (MDMA) or any other | 9 |
| scheduled substance with a separate listing under the Illinois | 10 |
| Controlled Substances Act. | 11 |
| "Methamphetamine manufacturing catalyst" means any | 12 |
| substance that has been used, is being used, or is intended to | 13 |
| be used to activate, accelerate, extend, or improve a chemical | 14 |
| reaction involved in the manufacture of methamphetamine.
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| "Methamphetamine manufacturing environment" means a | 16 |
| 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 | 19 |
| are intended to be used to manufacture methamphetamine are | 20 |
| stored;
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| (3) methamphetamine manufacturing materials that have | 22 |
| 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 | 25 |
| methamphetamine precursor, substance containing any | 26 |
| methamphetamine precursor, methamphetamine manufacturing |
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| catalyst, substance containing any methamphetamine | 2 |
| manufacturing catalyst, methamphetamine manufacturing reagent, | 3 |
| substance containing any methamphetamine manufacturing | 4 |
| reagent, methamphetamine manufacturing solvent, substance | 5 |
| containing any methamphetamine manufacturing solvent, or any | 6 |
| other chemical, substance, ingredient, equipment, apparatus, | 7 |
| or item that is being used, has been used, or is intended to be | 8 |
| used in the manufacture of methamphetamine.
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| "Methamphetamine manufacturing reagent" means any | 10 |
| substance other than a methamphetamine manufacturing catalyst | 11 |
| that has been used, is being used, or is intended to be used to | 12 |
| react with and chemically alter any methamphetamine precursor. | 13 |
| "Methamphetamine manufacturing solvent" means any | 14 |
| substance that has been used, is being used, or is intended to | 15 |
| be used as a medium in which any methamphetamine precursor, | 16 |
| methamphetamine manufacturing catalyst, methamphetamine | 17 |
| manufacturing reagent, or any substance containing any of the | 18 |
| foregoing is dissolved, diluted, or washed during any part of | 19 |
| the methamphetamine manufacturing process.
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| "Methamphetamine manufacturing waste" means any chemical, | 21 |
| substance, ingredient, equipment, apparatus, or item that is | 22 |
| left over from, results from, or is produced by the process of | 23 |
| manufacturing methamphetamine, other than finished | 24 |
| methamphetamine.
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| "Methamphetamine precursor" means anhydrous ammonia, | 26 |
| ephedrine, pseudoephedrine, benzyl methyl ketone, methyl |
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| benzyl ketone, phenylacetone, phenyl-2-propanone, P2P, or any | 2 |
| salt, optical isomer, or salt of an optical isomer of any of | 3 |
| these chemicals.
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| "Multi-unit dwelling" means a unified structure used or | 5 |
| intended for use as a habitation, home, or residence that | 6 |
| contains 2 or more condominiums, apartments, hotel rooms, motel | 7 |
| rooms, or other living units.
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| "Package" means an item marked for retail sale that is not | 9 |
| designed to be further broken down or subdivided for the | 10 |
| purpose of retail sale.
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| "Participate" or "participation" in the manufacture of | 12 |
| methamphetamine means to produce, prepare, compound, convert, | 13 |
| process, synthesize, concentrate, purify, separate, extract, | 14 |
| or package any methamphetamine, methamphetamine precursor, | 15 |
| methamphetamine manufacturing catalyst, methamphetamine | 16 |
| manufacturing reagent, methamphetamine manufacturing solvent, | 17 |
| or any substance containing any of the foregoing, or to assist | 18 |
| in any of these actions, or to attempt to take any of these | 19 |
| actions, regardless of whether this action or these actions | 20 |
| result in the production of finished methamphetamine.
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| "Person with a disability" means a person who suffers from | 22 |
| a permanent physical or mental impairment resulting from | 23 |
| disease, injury, functional disorder, or congenital condition | 24 |
| which renders the person incapable of adequately providing for | 25 |
| 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 | 2 |
| such action.
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| "Second or subsequent offense" means an offense under this | 4 |
| Act committed by an offender who previously committed an | 5 |
| offense under this Act, the Illinois Controlled Substances Act, | 6 |
| the Cannabis Control Act, or another Act of this State, another | 7 |
| state, or the United States relating to methamphetamine, | 8 |
| cannabis, or any other controlled substance.
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| "Standard dosage form", as used in relation to any | 10 |
| methamphetamine precursor, means that the methamphetamine | 11 |
| precursor is contained in a pill, tablet, capsule, caplet, gel | 12 |
| cap, or liquid cap that has been manufactured by a lawful | 13 |
| entity and contains a standard quantity of methamphetamine | 14 |
| precursor.
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| "Unauthorized container", as used in relation to anhydrous | 16 |
| ammonia, means any container that is not designed for the | 17 |
| specific and sole purpose of holding, storing, transporting, or | 18 |
| applying anhydrous ammonia. "Unauthorized container" includes, | 19 |
| but is not limited to, any propane tank, fire extinguisher, | 20 |
| oxygen cylinder, gasoline can, food or beverage cooler, or | 21 |
| compressed gas cylinder used in dispensing fountain drinks. | 22 |
| "Unauthorized container" does not encompass anhydrous ammonia | 23 |
| manufacturing plants, refrigeration systems
where anhydrous | 24 |
| ammonia is used solely as a refrigerant, anhydrous ammonia | 25 |
| transportation pipelines, anhydrous ammonia tankers, or | 26 |
| 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.) | 2 |
| (720 ILCS 646/20)
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| Sec. 20. Methamphetamine precursor. | 4 |
| (a) Methamphetamine precursor or substance containing any | 5 |
| methamphetamine precursor in standard dosage form. | 6 |
| (1) It is unlawful to knowingly possess, procure, | 7 |
| transport, store, or deliver any methamphetamine precursor | 8 |
| or substance containing any methamphetamine precursor in | 9 |
| standard dosage form with the intent that it be used to | 10 |
| manufacture methamphetamine or a substance containing | 11 |
| methamphetamine.
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| (2) Except as otherwise provided in subsection (b-5), a | 13 |
| A person who violates paragraph (1) of this subsection (a) | 14 |
| is subject to the following penalties:
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| (A) A person who possesses, procures, transports, | 16 |
| stores, or delivers less than 15 grams of | 17 |
| methamphetamine precursor or substance containing any | 18 |
| methamphetamine precursor is guilty of a Class 2 | 19 |
| felony.
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| (B) A person who possesses, procures, transports, | 21 |
| stores, or delivers 15 or more grams but less than 30 | 22 |
| grams of methamphetamine precursor or substance | 23 |
| containing any methamphetamine precursor is guilty of | 24 |
| a Class 1 felony.
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| (C) A person who possesses, procures, transports, |
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| stores, or delivers 30 or more grams but less than 150 | 2 |
| grams of methamphetamine precursor or substance | 3 |
| containing any methamphetamine precursor is guilty of | 4 |
| a Class X felony, subject to a term of imprisonment of | 5 |
| not less than 6 years and not more than 30 years, and | 6 |
| subject to a fine not to exceed $100,000.
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| (D) A person who possesses, procures, transports, | 8 |
| stores, or delivers 150 or more grams but less than 500 | 9 |
| grams of methamphetamine precursor or substance | 10 |
| containing any methamphetamine precursor is guilty of | 11 |
| a Class X felony, subject to a term of imprisonment of | 12 |
| not less than 8 years and not more than 40 years, and | 13 |
| subject to a fine not to exceed $200,000.
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| (E) A person who possesses, procures, transports, | 15 |
| stores, or delivers 500 or more grams of | 16 |
| methamphetamine precursor or substance containing any | 17 |
| methamphetamine precursor is guilty of a Class X | 18 |
| felony, subject to a term of imprisonment of not less | 19 |
| than 10 years and not more than 50 years, and subject | 20 |
| to a fine not to exceed $300,000.
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| (b) Methamphetamine precursor or substance containing any | 22 |
| methamphetamine precursor in any form other than a standard | 23 |
| dosage form. | 24 |
| (1) It is unlawful to knowingly possess, procure, | 25 |
| transport, store, or deliver any methamphetamine precursor | 26 |
| 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 | 2 |
| that it be used to manufacture methamphetamine or a | 3 |
| substance containing methamphetamine.
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| (2) Except as otherwise provided in subsection (b-5), a | 5 |
| A person who violates paragraph (1) of this subsection (b) | 6 |
| is subject to the following penalties:
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| (A) A person who violates paragraph (1) of this | 8 |
| subsection (b) with the intent that less than 10 grams | 9 |
| of methamphetamine or a substance containing | 10 |
| methamphetamine be manufactured is guilty of a Class 2 | 11 |
| felony.
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| (B) A person who violates paragraph (1) of this | 13 |
| subsection (b) with the intent that 10 or more grams | 14 |
| but less than 20 grams of methamphetamine or a | 15 |
| substance containing methamphetamine be manufactured | 16 |
| is guilty of a Class 1 felony.
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| (C) A person who violates paragraph (1) of this | 18 |
| subsection (b) with the intent that 20 or more grams | 19 |
| but less than 100 grams of methamphetamine or a | 20 |
| substance containing methamphetamine be manufactured | 21 |
| is guilty of a Class X felony, subject to a term of | 22 |
| imprisonment of not less than 6 years and not more than | 23 |
| 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 | 25 |
| subsection (b) with the intent that 100 or more grams | 26 |
| 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 | 2 |
| is guilty of a Class X felony, subject to a term of | 3 |
| imprisonment of not less than 8 years and not more than | 4 |
| 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 | 6 |
| subsection (b) with the intent that 350 or more grams | 7 |
| of methamphetamine or a substance containing | 8 |
| methamphetamine be manufactured 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.
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| (b-5) A person who violates paragraph (1) of subsection (b) | 13 |
| if the methamphetamine precursor is anhydrous ammonia is guilty | 14 |
| of a Class 1 felony.
A person who violates paragraph (1) of | 15 |
| subsection (b) if the methamphetamine precursor is anhydrous | 16 |
| ammonia is guilty of a Class X felony, subject to a term of | 17 |
| imprisonment of not less than 6 years and not more than 30 | 18 |
| years, and subject to a fine not to exceed $100,000 if the | 19 |
| following aggravating factors are present: | 20 |
| (A) the person knowingly commits a violation in a | 21 |
| multi-unit
dwelling; | 22 |
| (B) the person knowingly commits a violation in a | 23 |
| structure
or vehicle where a child under the age of 18, or | 24 |
| a person with a disability, or a person who is 60 years of | 25 |
| age or older who is incapable of adequately providing for | 26 |
| 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; | 2 |
| (C) the person's possession, procurement,
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| transportation, storage, or delivery of anhydrous ammonia | 4 |
| is a contributing cause of the death, serious bodily | 5 |
| injury, disability, or disfigurement of another person; or | 6 |
| (D) the person's possession, procurement,
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| transportation, storage, or delivery of anhydrous ammonia | 8 |
| is a contributing cause of a fire or explosion that damages | 9 |
| property belonging to another person. | 10 |
| This Section does not apply to the possession, procurement, | 11 |
| transportation, storage, or delivery of anhydrous ammonia by a | 12 |
| farmer or agent of a farmer engaged in agricultural activities. | 13 |
| (c) Rule of evidence. The presence of any methamphetamine | 14 |
| precursor in a sealed, factory imprinted container, including, | 15 |
| but not limited to, a bottle, box, package, or blister pack, at | 16 |
| the time of seizure by law enforcement, is prima facie evidence | 17 |
| that the methamphetamine precursor located within the | 18 |
| container is in fact the material so described and in the | 19 |
| amount listed on the container. The factory imprinted container | 20 |
| is admissible for a violation of this Act for purposes of | 21 |
| 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.) | 23 |
| (720 ILCS 646/25)
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| Sec. 25. Anhydrous ammonia. | 25 |
| (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 | 2 |
| it be used to manufacture methamphetamine .
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| (1) It is unlawful to knowingly engage in the | 4 |
| possession, procurement, transportation, storage, or | 5 |
| delivery of anhydrous ammonia or to attempt to engage in | 6 |
| any of these activities or to assist another in engaging in | 7 |
| any of these activities with the intent that the anhydrous | 8 |
| ammonia be used to manufacture methamphetamine.
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| (2) A person who violates paragraph (1) of this | 10 |
| subsection
(a) is guilty of a Class 1 felony.
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| (b) (Blank) Aggravated possession, procurement, | 12 |
| transportation, storage, or delivery of anhydrous ammonia with | 13 |
| the intent that it be used to manufacture methamphetamine .
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| (1) It is unlawful to knowingly engage in the | 15 |
| aggravated possession, procurement, transportation, | 16 |
| storage, or delivery of anhydrous ammonia with the intent | 17 |
| that it be used to manufacture methamphetamine. A person | 18 |
| commits this offense when the person engages in the | 19 |
| possession, procurement, transportation, storage, or | 20 |
| delivery of anhydrous ammonia or attempts to engage in any | 21 |
| of these activities or assists another in engaging in any | 22 |
| of these activities with the intent that the anhydrous | 23 |
| ammonia be used to manufacture methamphetamine and:
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| (A) the person knowingly does so in a multi-unit | 25 |
| 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 | 2 |
| with a disability, or a person who is 60 years of age | 3 |
| or older who is incapable of adequately providing for | 4 |
| his or her own health and personal care resides, is | 5 |
| present, or is endangered by the anhydrous ammonia;
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| (C) the person's possession, procurement, | 7 |
| transportation, storage, or delivery of anhydrous | 8 |
| ammonia is a contributing cause of the death, serious | 9 |
| bodily injury, disability, or disfigurement of another | 10 |
| person; or
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| (D) the person's possession, procurement, | 12 |
| transportation, storage, or delivery of anhydrous | 13 |
| ammonia is a contributing cause of a fire or explosion | 14 |
| that damages property belonging to another person.
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| (2) A person who violates paragraph (1) of this | 16 |
| subsection (b) is guilty of a Class X felony, subject to a | 17 |
| term of imprisonment of not less than 6 years and not more | 18 |
| than 30 years, and subject to a fine not to exceed | 19 |
| $100,000.
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| (c) Possession, procurement, transportation, storage, or | 21 |
| delivery of anhydrous ammonia in an unauthorized container.
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| (1) It is unlawful to knowingly possess, procure, | 23 |
| transport, store, or deliver anhydrous ammonia in an | 24 |
| unauthorized container.
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| (1.5) It is unlawful to attempt to possess, procure, | 26 |
| 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 | 3 |
| subsection (c) is guilty of a Class 3 felony.
A person who | 4 |
| violates paragraph (1.5) of this subsection (c) is guilty | 5 |
| of a Class 4 felony.
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| (3) Affirmative defense. It is an affirmative defense | 7 |
| that the person charged possessed, procured, transported, | 8 |
| stored, or delivered anhydrous ammonia in a manner that | 9 |
| substantially complied with the rules governing anhydrous | 10 |
| ammonia equipment found in 8 Illinois Administrative Code | 11 |
| Section 215, in 92 Illinois Administrative Code Sections | 12 |
| 171 through 180, or in any provision of the Code of Federal | 13 |
| Regulations incorporated by reference into these Sections | 14 |
| 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 | 17 |
| ammonia equipment. A person tampers with anhydrous ammonia | 18 |
| equipment when, without authorization from the lawful | 19 |
| owner, the person:
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| (A) removes or attempts to remove anhydrous | 21 |
| ammonia from the anhydrous ammonia equipment used by | 22 |
| the lawful owner;
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| (B) damages or attempts to damage the anhydrous | 24 |
| 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 | 2 |
| 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; | 4 |
| 95-690, eff. 1-1-08.) | 5 |
| (720 ILCS 646/30)
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| Sec. 30. Methamphetamine manufacturing material. | 7 |
| (a) It is unlawful to knowingly engage in the possession, | 8 |
| procurement, transportation, storage, or delivery of any | 9 |
| methamphetamine manufacturing material, other than a | 10 |
| methamphetamine precursor or , substance containing a | 11 |
| methamphetamine precursor , or anhydrous ammonia, with the | 12 |
| intent that it be used to manufacture methamphetamine.
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| (b) A person who violates subsection (a) of this Section is | 14 |
| 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.) | 16 |
| (720 ILCS 646/56) | 17 |
| Sec. 56. Methamphetamine trafficking. | 18 |
| (a) Except for purposes as authorized by this Act, any | 19 |
| person who knowingly brings, or causes to be brought, into this | 20 |
| State methamphetamine , anhydrous ammonia, or a methamphetamine | 21 |
| precursor for the purpose of manufacture or delivery of | 22 |
| methamphetamine or with the intent to manufacture or deliver | 23 |
| methamphetamine is guilty of methamphetamine trafficking. | 24 |
| (b) A person convicted of methamphetamine trafficking |
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| shall be sentenced to a term of imprisonment of not less than | 2 |
| twice the minimum term and not more than twice the maximum term | 3 |
| of imprisonment based upon the amount of methamphetamine | 4 |
| brought or caused to be brought into this State, as provided in | 5 |
| subsection (a) of Section 55 of this Act. | 6 |
| (c) A person convicted of methamphetamine trafficking | 7 |
| based upon a methamphetamine precursor shall be sentenced to a | 8 |
| term of imprisonment of not less than twice the minimum term | 9 |
| and not more than twice the maximum term of imprisonment based | 10 |
| upon the amount of methamphetamine precursor provided in | 11 |
| subsection (a) or (b) of Section 20 of this Act brought or | 12 |
| caused to be brought into this State.
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| (d) (Blank) A person convicted of methamphetamine | 14 |
| trafficking based upon anhydrous ammonia under paragraph (1) of | 15 |
| subsection (a) of Section 25 of this Act shall be sentenced to | 16 |
| a term of imprisonment of not less than twice the minimum term | 17 |
| and not more than twice the maximum term of imprisonment | 18 |
| provided in paragraph (1) of subsection (a) of Section 25 of | 19 |
| this Act .
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| (Source: P.A. 94-830, eff. 6-5-06.)
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