Full Text of SB2952 96th General Assembly
SB2952eng 96TH 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 Methamphetamine Precursor Control Act is | 5 |
| amended by changing Section 40 as follows:
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| (720 ILCS 648/40)
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| Sec. 40. Penalties. | 8 |
| (a) Violations of subsection (b) of Section 20 of this Act. | 9 |
| (1) Any person who knowingly purchases, receives, or | 10 |
| otherwise acquires, within any 30-day period, products | 11 |
| containing more than a total of 7,500 milligrams of | 12 |
| ephedrine or pseudoephedrine, their salts or optical | 13 |
| isomers, or salts of optical isomers in violation of | 14 |
| subsection (b) of Section 20 of this Act is subject to the | 15 |
| following penalties: | 16 |
| (A) More than 7,500 milligrams but less than 15,000 | 17 |
| milligrams, Class A B misdemeanor; | 18 |
| (B) 15,000 or more but less than 22,500 milligrams, | 19 |
| Class 4 felony A misdemeanor ; | 20 |
| (C) 22,500 or more but less than 30,000 milligrams, | 21 |
| Class 3 4 felony; | 22 |
| (D) 30,000 or more but less than 37,500 milligrams, | 23 |
| Class 2 3 felony; |
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| (E) 37,500 or more but less than 45,000 milligrams, | 2 |
| Class 1 2 felony ; : | 3 |
| (F) (Blank) 45,000 or more milligrams, Class 1 | 4 |
| felony . | 5 |
| (2) Any person who knowingly purchases, receives, or | 6 |
| otherwise acquires, within any 30-day period, products | 7 |
| containing more than a total of 7,500 milligrams of | 8 |
| ephedrine or pseudoephedrine, their salts or optical | 9 |
| isomers, or salts of optical isomers in violation of | 10 |
| subsection (b) of Section 20 of this Act, and who has | 11 |
| previously been convicted of any methamphetamine-related | 12 |
| offense under any State or federal law, is subject to the | 13 |
| following penalties: | 14 |
| (A) More than 7,500 milligrams but less than 15,000 | 15 |
| milligrams, Class 4 felony A misdemeanor ; | 16 |
| (B) 15,000 or more but less than 22,500 milligrams, | 17 |
| Class 3 4 felony; | 18 |
| (C) 22,500 or more but less than 30,000 milligrams, | 19 |
| Class 2 3 felony; | 20 |
| (D) 30,000 or more but less than 37,500 milligrams, | 21 |
| Class 1 2 felony; | 22 |
| (E) (Blank) 37,500 or more milligrams, Class 1 | 23 |
| felony . | 24 |
| (3) Any person who knowingly purchases, receives, or | 25 |
| otherwise acquires, within any 30-day period, products | 26 |
| containing more than a total of 7,500 milligrams of |
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| ephedrine or pseudoephedrine, their salts or optical | 2 |
| isomers, or salts of optical isomers in violation of | 3 |
| subsection (b) of Section 20 of this Act, and who has | 4 |
| previously been convicted 2 or more times of any | 5 |
| methamphetamine-related offense under State or federal | 6 |
| law, is subject to the following penalties: | 7 |
| (A) More than 7,500 milligrams but less than 15,000 | 8 |
| milligrams, Class 3 4 felony; | 9 |
| (B) 15,000 or more but less than 22,500 milligrams, | 10 |
| Class 2 3 felony; | 11 |
| (C) 22,500 or more but less than 30,000 milligrams, | 12 |
| Class 1 2 felony; | 13 |
| (D) (Blank) 30,000 or more milligrams, Class 1 | 14 |
| felony . | 15 |
| (b) Violations of Section 15, 20, 25, 30, or 35 of this | 16 |
| Act, other than violations of subsection (b) of Section 20 of | 17 |
| this Act. | 18 |
| (1) Any pharmacy or retail distributor that violates | 19 |
| Section 15, 20, 25, 30, or 35 of this Act, other than | 20 |
| subsection (b) of Section 20 of this Act, is guilty of a | 21 |
| petty offense and subject to a fine of $500 for a first | 22 |
| offense; and $1,000 for a second offense occurring at the | 23 |
| same retail location as and within 3 years of the prior | 24 |
| offense. A pharmacy or retail distributor that violates | 25 |
| this Act is guilty of a business offense and subject to a | 26 |
| fine of $5,000 for a third or subsequent offense occurring |
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| at the same retail location as and within 3 years of the | 2 |
| prior offenses. | 3 |
| (2) An employee or agent of a pharmacy or retail | 4 |
| distributor who violates Section 15, 20, 25, 30, or 35 of | 5 |
| this Act, other than subsection (b) of Section 20 of this | 6 |
| Act, is guilty of a Class A misdemeanor for a first | 7 |
| offense, a Class 4 felony for a second offense, and a Class | 8 |
| 1 felony for a third or subsequent offense. | 9 |
| (3) Any other person who violates Section 15, 20, 25, | 10 |
| 30, or 35 of this Act, other than subsection (b) of Section | 11 |
| 20 of this Act, is guilty of a Class B misdemeanor for a | 12 |
| first offense, a Class A misdemeanor for a second offense, | 13 |
| and a Class 4 felony for a third or subsequent offense. | 14 |
| (c) Any pharmacy or retail distributor that violates | 15 |
| Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or 39.8-5 of | 16 |
| this Act is guilty of a petty offense and subject to a fine of | 17 |
| $100 for a first offense, $250 for a second offense, or $500 | 18 |
| for a third or subsequent offense. | 19 |
| (d) Any person that violates Section 39.5 or 39.8-5 of this | 20 |
| Act is guilty of a Class B misdemeanor for a first offense, a | 21 |
| Class A misdemeanor for a second offense, and a Class 4 felony | 22 |
| for a third offense. | 23 |
| (e)
Any person who, in order to acquire a targeted | 24 |
| methamphetamine precursor, knowingly uses or provides the | 25 |
| driver's license or government-issued identification of | 26 |
| another person, or who knowingly uses or provides a fictitious |
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| or unlawfully altered driver's license or government-issued | 2 |
| identification, or who otherwise knowingly provides false | 3 |
| information, is guilty of a Class 4 felony for a first offense, | 4 |
| a Class 3 felony for a second offense, and a Class 2 felony for | 5 |
| a third or subsequent offense. | 6 |
| For purposes of this subsection (e), the terms "fictitious | 7 |
| driver's license", "unlawfully altered driver's license", and | 8 |
| "false information" have the meanings ascribed to them in | 9 |
| Section 6-301.1 of the Illinois Vehicle Code.
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| (Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876, | 11 |
| eff. 8-21-08; 96-50, eff. 10-21-09.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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