Full Text of HB2332 98th General Assembly
HB2332ham002 98TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/12/2013
| | 09800HB2332ham002 | | LRB098 06288 RLC 42754 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2332
| 2 | | AMENDMENT NO. ______. Amend House Bill 2332 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by adding Section | 5 | | 5-1005.1 as follows: | 6 | | (55 ILCS 5/5-1005.1 new) | 7 | | Sec. 5-1005.1. Cannabis possession of no more than 15 | 8 | | grams. Notwithstanding subsection (a), (b), or (c) of Section 4 | 9 | | of the Cannabis Control Act to the contrary, a county board may | 10 | | adopt an ordinance or resolution that declares possession of | 11 | | not more than 15 grams of cannabis a petty offense. The county | 12 | | board may determine the amount of the fine to be imposed for | 13 | | possession of not more than 15 grams of cannabis. The county | 14 | | board may adopt a uniform citation form to be issued by the | 15 | | sheriff who arrests a person for possession of not more than 15 | 16 | | grams of cannabis. If the county board adopts a uniform |
| | | 09800HB2332ham002 | - 2 - | LRB098 06288 RLC 42754 a |
|
| 1 | | citation form, the sheriff may instead of arresting the person | 2 | | for possession of cannabis issue a notice to appear as provided | 3 | | in Section 107-12 of the Code of Criminal Procedure of 1963. As | 4 | | used in this Section, "cannabis" has the meaning ascribed to it | 5 | | in Section 3 of the Cannabis Control Act. | 6 | | Section 10. The Illinois Municipal Code is amended by | 7 | | adding Section 11-5-11 as follows: | 8 | | (65 ILCS 5/11-5-11 new) | 9 | | Sec. 11-5-11. Cannabis possession of no more than 15 grams. | 10 | | Notwithstanding subsection (a), (b), or (c) of Section 4 of the | 11 | | Cannabis Control Act to the contrary, a municipality may adopt | 12 | | an ordinance or resolution that declares possession of not more | 13 | | than 15 grams of cannabis a petty offense. The municipality may | 14 | | determine the amount of the fine to be imposed for possession | 15 | | of not more than 15 grams of cannabis. The municipality may | 16 | | adopt a uniform citation form to be issued by a peace officer | 17 | | who arrests a person for possession of not more than 15 grams | 18 | | of cannabis. If the municipality adopts a uniform citation | 19 | | form, a peace officer may instead of arresting the person for | 20 | | possession of cannabis issue a notice to appear as provided in | 21 | | Section 107-12 of the Code of Criminal Procedure of 1963. As | 22 | | used in this Section, "cannabis" has the meaning ascribed to it | 23 | | in Section 3 of the Cannabis Control Act. |
| | | 09800HB2332ham002 | - 3 - | LRB098 06288 RLC 42754 a |
|
| 1 | | Section 15. The Cannabis Control Act is amended by changing | 2 | | Section 4 as follows:
| 3 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 4 | | Sec. 4. Except as otherwise provided in Section 5-1005.1 of | 5 | | the Counties Code or Section 11-5-11 of the Illinois Municipal | 6 | | Code, it It is unlawful for any person knowingly to possess | 7 | | cannabis. Any person
who violates this section with respect to:
| 8 | | (a) not more than 2.5 grams of any substance containing | 9 | | cannabis is
guilty of a Class C misdemeanor;
| 10 | | (b) more than 2.5 grams but not more than 10 grams of | 11 | | any substance
containing cannabis is guilty of a Class B | 12 | | misdemeanor;
| 13 | | (c) more than 10 grams but not more than 30 grams of | 14 | | any substance
containing cannabis is guilty of a Class A | 15 | | misdemeanor; provided, that if
any offense under this | 16 | | subsection (c) is a subsequent offense, the offender
shall | 17 | | be guilty of a Class 4 felony;
| 18 | | (d) more than 30 grams but not more than 500 grams of | 19 | | any substance
containing cannabis is guilty of a Class 4 | 20 | | felony; provided that if any
offense under this subsection | 21 | | (d) is a subsequent offense, the offender
shall be guilty | 22 | | of a Class 3 felony;
| 23 | | (e) more than 500 grams but not more than 2,000 grams | 24 | | of any substance
containing cannabis is guilty
of a Class 3 | 25 | | felony;
|
| | | 09800HB2332ham002 | - 4 - | LRB098 06288 RLC 42754 a |
|
| 1 | | (f) more than 2,000 grams but not more than 5,000 grams | 2 | | of any
substance containing cannabis is guilty of a Class 2 | 3 | | felony;
| 4 | | (g) more than 5,000 grams of any substance containing | 5 | | cannabis is guilty
of a Class 1 felony.
| 6 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 7 | | Section 20. The Local Governmental and Governmental | 8 | | Employees Tort
Immunity Act is amended by adding Section 4-108 | 9 | | as follows: | 10 | | (745 ILCS 10/4-108 new) | 11 | | Sec. 4-108. Failure to enforce State cannabis laws. Neither | 12 | | a local public entity nor a public employee is liable, except | 13 | | for willful or wanton conduct, for failure to enforce | 14 | | subsection (a), (b), or (c) of Section 4 of the Cannabis | 15 | | Control Act concerning the possession of 15 grams or less of | 16 | | cannabis in a county or municipality that has adopted an | 17 | | ordinance or resolution that declares possession of not more | 18 | | than 15 grams of cannabis a petty offense. | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
|
|