SB0705eng 95TH GENERAL ASSEMBLY

SB0705 Engrossed LRB095 04846 RLC 24908 b

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 prescriber as defined in the Illinois Controlled Substances Act or an optometrist licensed under the Illinois Optometric Practice Act of 1987.