HB5606 97TH GENERAL ASSEMBLY

LRB097 17236 RLC 62436 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5606

Introduced 2/15/2012, by Rep. Rich Brauer

SYNOPSIS AS INTRODUCED:

720 ILCS 646/120 new

Amends the Methamphetamine Control and Community Protection Act. Provides that whenever any person pleads guilty to, is found guilty of, or is placed on supervision for an offense under the Act, in addition to any other penalty imposed by the court, no such person shall thereafter knowingly purchase, receive, own, or otherwise possess any substance or product containing a methamphetamine precursor, without the methamphetamine precursor first being prescribed for the use of that person in the manner provided for the prescription of Schedule II controlled substances under Article III of the Illinois Controlled Substances Act. Provides that a violation is a Class 4 felony. Effective July 1, 2012.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning corrections.

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

Section 5. The Methamphetamine Control and Community Protection Act is amended by adding Section 120 as follows:

(720 ILCS 646/120 new)

Sec. 120. Prescriptions.

(a) Whenever any person pleads guilty to, is found guilty of, or is placed on supervision for an offense under this Act, in addition to any other penalty imposed by the court, no such person shall thereafter knowingly purchase, receive, own, or otherwise possess any substance or product containing a methamphetamine precursor as defined in Section 10 of this Act, without the methamphetamine precursor first being prescribed for the use of that person in the manner provided for the prescription of Schedule II controlled substances under Article III of the Illinois Controlled Substances Act.

(b) A person described in subsection (a) of this Section who is in possession of any substance or product containing a methamphetamine precursor as defined in Section 10 of this Act, in violation of subsection (a) of this Section, is guilty of a Class 4 felony.

(c) Nothing in this Section shall be construed to create any duty, responsibility to investigate, or other liability for any person prescribing, dispensing, selling, or otherwise lawfully transferring or providing a methamphetamine precursor to a person described in subsection (a) of this Section.

Section 99. Effective date. This Act takes effect July 1, 2012.