SB0705 95TH GENERAL ASSEMBLY

LRB095 04846 RLC 24908 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0705

Introduced 2/8/2007, by Sen. A. J. Wilhelmi

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16G-15.5 new

Amends the Criminal Code of 1961. Creates the offense of prescription theft. Provides that a person commits the offense when he or she knowingly: (1) alters a properly issued prescription; (2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber; or (3) possesses or attempts to fill a prescription not issued by a licensed prescriber. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Section 16G-15.5 as follows:

(720 ILCS 5/16G-15.5 new)

Sec. 16G-15.5. Prescription theft.

(a) A person commits the offense of prescription theft when he or she knowingly:

(1) alters a properly issued prescription;

(2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber; or

(3) possesses or attempts to fill a prescription not issued by a licensed prescriber.

(b) Knowledge shall be determined by an evaluation of all circumstances surrounding possession of a blank prescription or possession of or attempted use of a prescription altered or not issued by a licensed prescriber.

(c) Sentence. A person convicted of prescription theft in violation of subsection (a) shall be sentenced as follows:

(1) Prescription theft is a Class 4 felony.

(2) A person who has been previously convicted of prescription theft who is convicted of a second or subsequent offense is guilty of a Class 3 felony.

(d) For the purposes of this Section, "licensed prescriber" means a physician licensed to practice medicine in all its branches; a licensed podiatrist; a therapeutically certified optometrist; a licensed dentist; a licensed physician assistant who has been delegated prescriptive authority by a supervising physician; or a licensed advanced practice registered nurse who has a written collaborative agreement with a collaborating physician that authorizes prescriptive authority.