Full Text of SB3582 97th General Assembly
SB3582 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3582 Introduced 2/10/2012, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
| 720 ILCS 550/3 | from Ch. 56 1/2, par. 703 | 720 ILCS 550/5.2 | from Ch. 56 1/2, par. 705.2 |
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Amends the Cannabis Control Act. Provides for enhanced penalties for the unlawful delivery of cannabis in a public park, on the real property comprising a public park, or on a public way within 1,000 feet of the real
property comprising a public park.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Control Act is amended by changing | 5 | | Sections 3 and 5.2 as follows:
| 6 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 7 | | Sec. 3. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | (a) "Cannabis" includes marihuana, hashish and other | 10 | | substances which
are identified as including any parts of the | 11 | | plant Cannabis Sativa, whether
growing or not; the seeds | 12 | | thereof, the resin extracted from any part of
such plant; and | 13 | | any compound, manufacture, salt, derivative, mixture, or
| 14 | | preparation of such plant, its seeds, or resin, including | 15 | | tetrahydrocannabinol
(THC) and all other cannabinol | 16 | | derivatives, including its naturally occurring
or | 17 | | synthetically produced ingredients, whether produced directly | 18 | | or indirectly
by extraction, or independently by means of | 19 | | chemical synthesis or by a
combination
of extraction and | 20 | | chemical synthesis; but shall not include the mature stalks
of | 21 | | such plant, fiber produced from such stalks, oil or cake made | 22 | | from the
seeds of such plant, any other compound, manufacture, | 23 | | salt, derivative,
mixture, or preparation of such mature stalks |
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| 1 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 2 | | the sterilized seed of such plant which
is incapable of | 3 | | germination.
| 4 | | (b) "Casual delivery" means the delivery of not more than | 5 | | 10 grams of
any substance containing cannabis without | 6 | | consideration.
| 7 | | (c) "Department" means the Illinois Department of Human | 8 | | Services (as
successor to the Department of Alcoholism and | 9 | | Substance Abuse) or its successor agency.
| 10 | | (d) "Deliver" or "delivery" means the actual, constructive | 11 | | or attempted
transfer of possession of cannabis, with or | 12 | | without consideration, whether
or not there is an agency | 13 | | relationship.
| 14 | | (e) "Department of State Police" means the Department
of | 15 | | State Police of the State of Illinois or its successor agency.
| 16 | | (f) "Director" means the Director of the Department of | 17 | | State Police
or his designated agent.
| 18 | | (g) "Local authorities" means a duly organized State, | 19 | | county, or municipal
peace unit or police force.
| 20 | | (h) "Manufacture" means the production, preparation, | 21 | | propagation,
compounding,
conversion or processing of | 22 | | cannabis, either directly or indirectly, by
extraction from | 23 | | substances of natural origin, or independently by means
of | 24 | | chemical synthesis, or by a combination of extraction and | 25 | | chemical
synthesis,
and includes any packaging or repackaging | 26 | | of cannabis or labeling of its
container, except that this term |
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| 1 | | does not include the preparation, compounding,
packaging, or | 2 | | labeling of cannabis as an incident to lawful research, | 3 | | teaching,
or chemical analysis and not for sale.
| 4 | | (i) "Person" means any individual, corporation, government | 5 | | or governmental
subdivision or agency, business trust, estate, | 6 | | trust, partnership or association,
or any other entity.
| 7 | | (j) "Produce" or "production" means planting, cultivating, | 8 | | tending or harvesting.
| 9 | | (j-5) "Public park" includes a park, forest preserve,
or | 10 | | conservation area under the jurisdiction of the State or a unit | 11 | | of local government. | 12 | | (k) "State" includes the State of Illinois and any state, | 13 | | district, commonwealth,
territory, insular possession thereof, | 14 | | and any area subject to the legal
authority of the United | 15 | | States of America.
| 16 | | (l) "Subsequent offense" means an offense under this Act, | 17 | | the offender
of which, prior to his conviction of the offense, | 18 | | has at any time been convicted
under this Act or under any laws | 19 | | of the United States or of any state relating
to cannabis, or | 20 | | any controlled substance as defined in the Illinois Controlled
| 21 | | Substances Act.
| 22 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 23 | | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| 24 | | Sec. 5.2. Delivery of cannabis on school grounds or public | 25 | | park .
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| 1 | | (a) Any person who violates subsection (e) of Section 5 in | 2 | | any school or in a public park ,
on the real property comprising | 3 | | any school or public park , or any conveyance owned, leased
or | 4 | | contracted by a school to transport students to or from school | 5 | | or a
school related activity, or on any public way within
1,000 | 6 | | feet of the real property comprising any school or public park , | 7 | | or any conveyance
owned, leased or contracted by a school to | 8 | | transport students to or from
school or a school related | 9 | | activity, is guilty of a Class
1 felony, the fine for which | 10 | | shall not exceed $200,000;
| 11 | | (b) Any person who violates subsection (d) of Section 5 in | 12 | | any school or in a public park ,
on the real property comprising | 13 | | any school or public park , or any conveyance owned, leased
or | 14 | | contracted by a school to transport students to or from school | 15 | | or a
school related activity, or on any public way within 1,000 | 16 | | feet of the real
property comprising any school or public park , | 17 | | or any conveyance owned, leased or
contracted by a school to | 18 | | transport students to or from school or a school
related | 19 | | activity, is guilty of a Class 2 felony, the fine for which | 20 | | shall
not exceed $100,000;
| 21 | | (c) Any person who violates subsection (c) of Section 5 in | 22 | | any school or in a public park ,
on the real property comprising | 23 | | any school or public park , or any conveyance owned, leased
or | 24 | | contracted by a school to transport students to or from school | 25 | | or a
school related activity, or on any public way within 1,000 | 26 | | feet of the real
property comprising any school or public park , |
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| 1 | | or any conveyance owned, leased or
contracted by a school to | 2 | | transport students to or from school or a school
related | 3 | | activity, is guilty of a Class 3 felony, the fine for which | 4 | | shall
not exceed $50,000;
| 5 | | (d) Any person who violates subsection (b) of Section 5 in | 6 | | any school or in a public park ,
on the real property comprising | 7 | | any school or public park , or any conveyance owned, leased
or | 8 | | contracted by a school to transport students to or from school | 9 | | or a
school related activity, or on any public way within 1,000 | 10 | | feet of the real
property comprising any school or public park , | 11 | | or any conveyance owned, leased or
contracted by a school to | 12 | | transport students to or from school or a school
related | 13 | | activity, is guilty of a Class 4 felony, the fine for which | 14 | | shall
not exceed $25,000;
| 15 | | (e) Any person who violates subsection (a) of Section 5 in | 16 | | any school or in a public park ,
on the real property comprising | 17 | | any school or public park , or any conveyance owned, leased
or | 18 | | contracted by a school to transport students to or from school | 19 | | or a
school related activity, on any public way within 1,000 | 20 | | feet of the real
property comprising any school or public park , | 21 | | or any conveyance owned, leased or
contracted by a school to | 22 | | transport students to or from school or a school
related | 23 | | activity, is guilty of a Class A misdemeanor.
| 24 | | (Source: P.A. 87-544.)
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