Full Text of SB0705 95th General Assembly
SB0705enr 95TH GENERAL ASSEMBLY
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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 Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 406 and 410 and by adding Section | 6 |
| 406.2 as follows:
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| (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
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| Sec. 406. (a) It is unlawful for any person:
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| (1) who is subject to Article III knowingly to | 10 |
| distribute or dispense
a controlled substance in violation | 11 |
| of Sections 308 through 314 of this Act; or
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| (2) who is a registrant, to manufacture a controlled | 13 |
| substance not
authorized by his registration, or to | 14 |
| distribute or dispense a controlled
substance not | 15 |
| authorized by his registration to another registrant or | 16 |
| other
authorized person; or
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| (3) to refuse or fail to make, keep or furnish any | 18 |
| record, notification,
order form, statement, invoice or | 19 |
| information required under this Act; or
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| (4) to refuse an entry into any premises for any | 21 |
| inspection authorized by
this Act; or
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| (5) knowingly to keep or maintain any store, shop, | 23 |
| warehouse, dwelling,
building, vehicle, boat, aircraft, or |
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| other structure or place, which is
resorted to by a person | 2 |
| unlawfully possessing controlled substances, or
which is | 3 |
| used for possessing, manufacturing, dispensing or | 4 |
| distributing
controlled substances in violation of this | 5 |
| Act.
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| Any person who violates this subsection (a) is guilty of a | 7 |
| Class A
misdemeanor for the first offense and a Class 4 felony | 8 |
| for each subsequent
offense. The fine for each subsequent | 9 |
| offense shall not be more than
$100,000. In addition, any | 10 |
| practitioner who is found guilty of violating
this subsection | 11 |
| (a) is subject to suspension and revocation of his
professional | 12 |
| license, in accordance with such procedures as are provided by
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| law for the taking of disciplinary action with regard to the | 14 |
| license of
said practitioner's profession.
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| (b) It is unlawful for any person knowingly:
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| (1) to distribute, as a registrant, a controlled | 17 |
| substance classified
in Schedule I or II, except pursuant | 18 |
| to an order form as required by Section
307 of this Act; or
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| (2) to use, in the course of the manufacture or | 20 |
| distribution of a
controlled
substance, a registration | 21 |
| number which is fictitious, revoked, suspended,
or issued | 22 |
| to another person; or
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| (3) to acquire or obtain possession of a controlled | 24 |
| substance by
misrepresentation, fraud, forgery, deception | 25 |
| or subterfuge; or
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| (4) to furnish false or fraudulent material |
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| information in, or omit any
material information from, any | 2 |
| application, report or other document required
to be kept | 3 |
| or filed under this Act, or any record required to be kept | 4 |
| by
this Act; or
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| (5) to make, distribute or possess any punch, die, | 6 |
| plate, stone or other
thing designed to print, imprint or | 7 |
| reproduce the trademark, trade name
or other identifying | 8 |
| mark, imprint or device of another, or any likeness
of any | 9 |
| of the foregoing, upon any controlled substance or | 10 |
| container or labeling
thereof so as to render the drug a | 11 |
| counterfeit substance; or
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| (6) (blank)
to possess without authorization, blank | 13 |
| prescription forms
or counterfeit prescription forms ; or
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| (7) (Blank).
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| Any person who violates this subsection (b) is guilty of a | 16 |
| Class 4 felony
for the first offense and a Class 3 felony for | 17 |
| each subsequent offense.
The fine for the first offense shall | 18 |
| be not more than $100,000. The fine
for each subsequent offense | 19 |
| shall not be more than $200,000.
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| (c) A person who knowingly or intentionally violates | 21 |
| Section 316, 317, 318,
or 319 is guilty of a Class A | 22 |
| misdemeanor.
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| (Source: P.A. 91-576, eff. 4-1-00.)
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| (720 ILCS 570/406.2 new) | 25 |
| Sec. 406.2. Unauthorized possession of prescription form. |
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| (a) A person commits the offense of unauthorized possession | 2 |
| of prescription form when he or she knowingly:
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| (1) alters a properly issued prescription form; | 4 |
| (2) possesses without authorization a blank | 5 |
| prescription form or counterfeit prescription form; or | 6 |
| (3) possesses a prescription form not issued by a | 7 |
| licensed prescriber. | 8 |
| (b) Knowledge shall be determined by an evaluation of all | 9 |
| circumstances surrounding possession of a blank prescription | 10 |
| or possession of a prescription altered or not issued by a | 11 |
| licensed prescriber. | 12 |
| (c) Sentence. Any person who violates subsection (a) is | 13 |
| guilty of a Class 4 felony for the first offense and a Class 3 | 14 |
| felony for each subsequent offense. The fine for the first | 15 |
| offense shall be not more than $100,000. The fine for each | 16 |
| subsequent offense shall not be more than $200,000. | 17 |
| (d) For the purposes of this Section, "licensed prescriber" | 18 |
| means a prescriber as defined in this Act or an optometrist | 19 |
| licensed under the Illinois Optometric Practice Act of 1987.
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| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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| Sec. 410. (a) Whenever any person who has not previously | 22 |
| been convicted
of, or placed on probation or court supervision | 23 |
| for any offense under this
Act or any law of the United States | 24 |
| or of any State relating to cannabis
or controlled substances, | 25 |
| pleads guilty to or is found guilty of possession
of a |
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| controlled or counterfeit substance under subsection (c) of | 2 |
| Section
402 or of unauthorized possession of prescription form | 3 |
| under Section 406.2 , the court, without entering a judgment and | 4 |
| with the consent of such
person, may sentence him to probation.
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| (b) When a person is placed on probation, the court shall | 6 |
| enter an order
specifying a period of probation of 24 months | 7 |
| and shall defer further
proceedings in the case until the | 8 |
| conclusion of the period or until the
filing of a petition | 9 |
| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 11 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 12 |
| refrain from
possessing a firearm or other dangerous weapon; | 13 |
| (3) submit to periodic drug
testing at a time and in a manner | 14 |
| as ordered by the court, but no less than 3
times during the | 15 |
| period of the probation, with the cost of the testing to be
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| paid by the probationer; and (4) perform no less than 30 hours | 17 |
| of community
service, provided community service is available | 18 |
| in the jurisdiction and is
funded
and approved by the county | 19 |
| board.
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| (d) The court may, in addition to other conditions, require | 21 |
| that the person:
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| (1) make a report to and appear in person before or | 23 |
| participate with the
court or such courts, person, or | 24 |
| social service agency as directed by the
court in the order | 25 |
| of probation;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational
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| training;
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| (4) undergo medical or psychiatric treatment; or | 4 |
| treatment or
rehabilitation approved by the Illinois | 5 |
| Department of Human Services;
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| (5) attend or reside in a facility established for the | 7 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (6-5) refrain from having in his or her body the | 10 |
| presence of any illicit
drug prohibited by the Cannabis | 11 |
| Control Act, the Illinois Controlled
Substances Act, or the | 12 |
| Methamphetamine Control and Community Protection Act, | 13 |
| unless prescribed by a physician, and submit samples of
his | 14 |
| or her blood or urine or both for tests to determine the | 15 |
| presence of any
illicit drug;
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| (7) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 21 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the | 23 |
| court
may enter a judgment on its original finding of guilt and | 24 |
| proceed as
otherwise provided.
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| (f) Upon fulfillment of the terms and conditions of | 26 |
| probation, the court
shall discharge the person and dismiss the |
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| proceedings against him.
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| (g) A disposition of probation is considered to be a | 3 |
| conviction
for the purposes of imposing the conditions of | 4 |
| probation and for appeal,
however, discharge and dismissal | 5 |
| under this Section is not a conviction for
purposes of this Act | 6 |
| or for purposes of disqualifications or disabilities
imposed by | 7 |
| law upon conviction of a crime.
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| (h) There may be only one discharge and dismissal under | 9 |
| this Section,
Section 10 of the Cannabis Control Act, or | 10 |
| Section 70 of the Methamphetamine Control and Community | 11 |
| Protection Act with respect to any person.
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| (i) If a person is convicted of an offense under this Act, | 13 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 14 |
| Community Protection Act within 5 years
subsequent to a | 15 |
| discharge and dismissal under this Section, the discharge and
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| dismissal under this Section shall be admissible in the | 17 |
| sentencing proceeding
for that conviction
as evidence in | 18 |
| aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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