Full Text of HB0806 98th General Assembly
HB0806eng 98TH GENERAL ASSEMBLY |
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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 Methamphetamine Precursor Control Act is | 5 | | amended by changing Sections 10, 20, and 40 as follows: | 6 | | (720 ILCS 648/10) | 7 | | Sec. 10. Definitions. In this Act: | 8 | | "Administer" or "administration" has the meaning provided | 9 | | in Section 102 of the Illinois Controlled Substances Act. | 10 | | "Agent" has the meaning provided in Section 102 of the | 11 | | Illinois Controlled Substances Act. | 12 | | "Authorized representative" means an employee or agent of a | 13 | | qualified outside entity who has been authorized in writing by | 14 | | his or her agency or office to receive confidential information | 15 | | from the Central Repository. | 16 | | "Central Repository" means the entity chosen by the | 17 | | Illinois State Police to handle electronic transaction records | 18 | | as described in this Act. | 19 | | "Convenience package" means any package that contains 360 | 20 | | milligrams or less of ephedrine or pseudoephedrine, their salts | 21 | | or optical isomers, or salts of optical isomers in liquid or | 22 | | liquid-filled capsule form. | 23 | | "Covered pharmacy" means any pharmacy that distributes any |
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| 1 | | amount of targeted methamphetamine precursor that is | 2 | | physically located in Illinois. | 3 | | "Deliver" has the meaning provided in Section 102 of the | 4 | | Illinois Controlled Substances Act. | 5 | | "Dispense" has the meaning provided in Section 102 of the | 6 | | Illinois Controlled Substances Act.
| 7 | | "Distribute" has the meaning provided in Section 102 of the | 8 | | Illinois Controlled Substances Act. | 9 | | "Electronic transaction record" means, with respect to the | 10 | | distribution of a targeted methamphetamine precursor by a | 11 | | pharmacy to a recipient under Section 25 of this Act, an | 12 | | electronic record that includes: the name and address of the | 13 | | recipient; date and time of the transaction; brand and product | 14 | | name and total quantity distributed of ephedrine or | 15 | | pseudoephedrine, their salts, or optical isomers, or salts of | 16 | | optical isomers; identification type and identification number | 17 | | of the identification presented by the recipient; and the name | 18 | | and address of the pharmacy. | 19 | | "Identification information" means identification type and | 20 | | identification number. | 21 | | "Identification number" means the number that appears on | 22 | | the identification furnished by the recipient of a targeted | 23 | | methamphetamine precursor. | 24 | | "Identification type" means the type of identification | 25 | | furnished by the recipient of a targeted methamphetamine | 26 | | precursor such as, by way of example only, an Illinois driver's |
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| 1 | | license or United States passport. | 2 | | "List I chemical" has the meaning provided in 21 U.S.C. | 3 | | Section 802. | 4 | | "Methamphetamine precursor" has the meaning provided in | 5 | | Section 10 of the Methamphetamine Control and Community | 6 | | Protection Act. | 7 | | "Package" means an item packaged and marked for retail sale | 8 | | that is not designed to be further broken down or subdivided | 9 | | for the purpose of retail sale. | 10 | | "Pharmacist" has the meaning provided in Section 102 of the | 11 | | Illinois Controlled Substances Act.
| 12 | | "Pharmacy" has the meaning provided in Section 102 of the | 13 | | Illinois Controlled Substances Act. | 14 | | "Practitioner" has the meaning provided in Section 102 of | 15 | | the Illinois Controlled Substances Act. | 16 | | "Prescriber" has the meaning provided in Section 102 of the | 17 | | Illinois Controlled Substances Act. | 18 | | "Prescription" has the meaning provided in Section 102 of | 19 | | the Illinois Controlled Substances Act. | 20 | | "Procure" means to purchase, steal, gather, or otherwise | 21 | | obtain, for oneself or another person, by legal or illegal | 22 | | means, or to cause another to take that action. | 23 | | "Qualified outside entity" means a law enforcement agency | 24 | | or prosecutor's office with authority to identify, | 25 | | investigate, or prosecute violations of this Act or any other | 26 | | State or federal law or rule involving a methamphetamine |
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| 1 | | precursor, methamphetamine, or any other controlled substance. | 2 | | "Readily retrievable" has the meaning provided in 21 C.F.R. | 3 | | part 1300. | 4 | | "Recipient" means a person purchasing, receiving, or | 5 | | otherwise acquiring a targeted methamphetamine precursor from | 6 | | a pharmacy in Illinois, as described in Section 25 of this Act. | 7 | | "Retail distributor" means a grocery store, general | 8 | | merchandise store, drug store, other merchandise store, or | 9 | | other entity or person whose activities as a distributor | 10 | | relating to drug products containing targeted methamphetamine | 11 | | precursor are limited exclusively or almost exclusively to | 12 | | sales for personal use by an ultimate user, both in number of | 13 | | sales and volume of sales, either directly to walk-in customers | 14 | | or in face-to-face transactions by direct sales. | 15 | | "Sales employee" means any employee or agent, other than a | 16 | | pharmacist or pharmacy technician who at any time (a) operates | 17 | | a cash register at which convenience
packages may be sold, (b) | 18 | | stocks shelves containing convenience packages, or (c) trains | 19 | | or supervises any other employee or agent who engages in any of | 20 | | the preceding activities. | 21 | | "Single retail transaction" means a sale by a retail | 22 | | distributor to a recipient at a specific time. | 23 | | "Targeted methamphetamine precursor" means any compound, | 24 | | mixture, or preparation that contains any detectable quantity | 25 | | of ephedrine or pseudoephedrine, their salts or optical | 26 | | isomers, or salts of optical isomers. |
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| 1 | | "Targeted package" means a package, including a | 2 | | convenience package, containing any amount of targeted | 3 | | methamphetamine precursor. | 4 | | "Ultimate user" has the meaning provided in Section 102 of | 5 | | the Illinois Controlled Substances Act.
| 6 | | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.) | 7 | | (720 ILCS 648/20) | 8 | | Sec. 20. Restrictions on purchase, receipt, or | 9 | | acquisition. | 10 | | (a) Except as provided in subsection (e) of this Section, | 11 | | any person 18 years of age or older wishing to purchase, | 12 | | receive, or otherwise acquire a targeted methamphetamine | 13 | | precursor shall, prior to taking possession of the targeted | 14 | | methamphetamine precursor:
| 15 | | (1) provide a driver's license or other | 16 | | government-issued identification showing the person's | 17 | | name, date of birth, and photograph; and | 18 | | (2) sign a log documenting the name and address of the | 19 | | person, date and time of the transaction, and brand and | 20 | | product name and total quantity distributed of ephedrine or | 21 | | pseudoephedrine, their salts, or optical isomers, or salts | 22 | | of optical isomers. | 23 | | (b) Except as provided in subsection (e) of this Section, | 24 | | no person shall knowingly purchase, receive, or otherwise | 25 | | acquire, within any 30-day period products containing more than |
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| 1 | | a total of 7,500 milligrams of ephedrine or pseudoephedrine, | 2 | | their salts or optical isomers, or salts of optical isomers.
| 3 | | (c) Except as provided in subsections (d) and (e) of this | 4 | | Section, no person shall knowingly purchase, receive, or | 5 | | otherwise acquire more than 2 targeted packages in a single | 6 | | retail transaction. | 7 | | (d) Except as provided in subsection (e) of this Section, | 8 | | no person shall knowingly purchase, receive, or otherwise | 9 | | acquire more than one convenience package from a retail | 10 | | location other than a pharmacy counter in a 24-hour period. | 11 | | (e) This Section shall not apply to any person who | 12 | | purchases, receives, or otherwise acquires a targeted | 13 | | methamphetamine precursor for the purpose of dispensing, | 14 | | distributing, or administering it in a lawful manner described | 15 | | in subsection (e) of Section 15 of this Act.
| 16 | | (f) A person shall not knowingly procure a targeted | 17 | | methamphetamine precursor for a third party for the purpose of | 18 | | evading this Act, the Illinois Controlled Substances Act, or | 19 | | the Methamphetamine Control and Community Protection Act. | 20 | | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
| 21 | | (720 ILCS 648/40)
| 22 | | Sec. 40. Penalties. | 23 | | (a) Violations of subsection (b) of Section 20 of this Act. | 24 | | (1) Any person who knowingly purchases, receives, or | 25 | | otherwise acquires, within any 30-day period, products |
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| 1 | | containing more than a total of 7,500 milligrams of | 2 | | ephedrine or pseudoephedrine, their salts or optical | 3 | | isomers, or salts of optical isomers in violation of | 4 | | subsection (b) of Section 20 of this Act is subject to the | 5 | | following penalties: | 6 | | (A) More than 7,500 milligrams but less than 15,000 | 7 | | milligrams, Class B misdemeanor; | 8 | | (B) 15,000 or more but less than 22,500 milligrams, | 9 | | Class A misdemeanor; | 10 | | (C) 22,500 or more but less than 30,000 milligrams, | 11 | | Class 4 felony; | 12 | | (D) 30,000 or more but less than 37,500 milligrams, | 13 | | Class 3 felony; | 14 | | (E) 37,500 or more but less than 45,000 milligrams, | 15 | | Class 2 felony: | 16 | | (F) 45,000 or more milligrams, Class 1 felony. | 17 | | (2) Any person who knowingly purchases, receives, or | 18 | | otherwise acquires, within any 30-day period, products | 19 | | containing more than a total of 7,500 milligrams of | 20 | | ephedrine or pseudoephedrine, their salts or optical | 21 | | isomers, or salts of optical isomers in violation of | 22 | | subsection (b) of Section 20 of this Act, and who has | 23 | | previously been convicted of any methamphetamine-related | 24 | | offense under any State or federal law, is subject to the | 25 | | following penalties: | 26 | | (A) More than 7,500 milligrams but less than 15,000 |
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| 1 | | milligrams, Class A misdemeanor; | 2 | | (B) 15,000 or more but less than 22,500 milligrams, | 3 | | Class 4 felony; | 4 | | (C) 22,500 or more but less than 30,000 milligrams, | 5 | | Class 3 felony; | 6 | | (D) 30,000 or more but less than 37,500 milligrams, | 7 | | Class 2 felony; | 8 | | (E) 37,500 or more milligrams, Class 1 felony. | 9 | | (3) 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, and who has | 15 | | previously been convicted 2 or more times of any | 16 | | methamphetamine-related offense under State or federal | 17 | | law, is subject to the following penalties: | 18 | | (A) More than 7,500 milligrams but less than 15,000 | 19 | | milligrams, Class 4 felony; | 20 | | (B) 15,000 or more but less than 22,500 milligrams, | 21 | | Class 3 felony; | 22 | | (C) 22,500 or more but less than 30,000 milligrams, | 23 | | Class 2 felony; | 24 | | (D) 30,000 or more milligrams, Class 1 felony. | 25 | | (b) Violations of Section 15, 20, 25, 30, or 35 of this | 26 | | Act, other than violations of subsection (b) or (f) of Section |
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| 1 | | 20 of this Act. | 2 | | (1) Any pharmacy or retail distributor that violates | 3 | | Section 15, 20, 25, 30, or 35 of this Act, other than | 4 | | subsection (b) or (f) of Section 20 of this Act, is guilty | 5 | | of a petty offense and subject to a fine of $500 for a | 6 | | first offense; and $1,000 for a second offense occurring at | 7 | | the same retail location as and within 3 years of the prior | 8 | | offense. A pharmacy or retail distributor that violates | 9 | | this Act is guilty of a business offense and subject to a | 10 | | fine of $5,000 for a third or subsequent offense occurring | 11 | | at the same retail location as and within 3 years of the | 12 | | prior offenses. | 13 | | (2) An employee or agent of a pharmacy or retail | 14 | | distributor who violates Section 15, 20, 25, 30, or 35 of | 15 | | this Act, other than subsection (b) or (f) of Section 20 of | 16 | | this Act, is guilty of a Class A misdemeanor for a first | 17 | | offense, a Class 4 felony for a second offense, and a Class | 18 | | 1 felony for a third or subsequent offense. | 19 | | (3) Any other person who violates Section 15, 20, 25, | 20 | | 30, or 35 of this Act, other than subsection (b) or (f) of | 21 | | Section 20 of this Act, is guilty of a Class B misdemeanor | 22 | | for a first offense, a Class A misdemeanor for a second | 23 | | offense, and a Class 4 felony for a third or subsequent | 24 | | offense. | 25 | | (c) (Blank). | 26 | | (d) (Blank). |
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| 1 | | (e)
Any person who, in order to acquire a targeted | 2 | | methamphetamine precursor, knowingly uses or provides the | 3 | | driver's license or government-issued identification of | 4 | | another person, or who knowingly uses or provides a fictitious | 5 | | or unlawfully altered driver's license or government-issued | 6 | | identification, or who otherwise knowingly provides false | 7 | | information, is guilty of a Class 4 felony for a first offense, | 8 | | a Class 3 felony for a second offense, and a Class 2 felony for | 9 | | a third or subsequent offense. | 10 | | For purposes of this subsection (e), the terms "fictitious | 11 | | driver's license", "unlawfully altered driver's license", and | 12 | | "false information" have the meanings ascribed to them in | 13 | | Section 6-301.1 of the Illinois Vehicle Code.
| 14 | | (f) Any person who violates subsection (f) of Section 20 of | 15 | | this Act is guilty of a Class A misdemeanor for the first | 16 | | conviction, and a Class 4 felony for a second or subsequent | 17 | | conviction. | 18 | | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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