Full Text of HB4093 98th General Assembly
HB4093ham002 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4093
| 2 | | AMENDMENT NO. ______. Amend House Bill 4093 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Methamphetamine Control and Community | 5 | | Protection Act is amended by changing Section 15 as follows: | 6 | | (720 ILCS 646/15) | 7 | | Sec. 15. Participation in methamphetamine manufacturing. | 8 | | (a) Participation in methamphetamine manufacturing.
| 9 | | (1) It is unlawful to knowingly participate in the | 10 | | manufacture of methamphetamine with the intent that | 11 | | methamphetamine or a substance containing methamphetamine | 12 | | be produced.
| 13 | | (2) A person who violates paragraph (1) of this | 14 | | subsection (a) is subject to the following penalties:
| 15 | | (A) A person who participates in the manufacture of | 16 | | less than 15 grams of methamphetamine or a substance |
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| 1 | | containing methamphetamine is guilty of a Class 1 | 2 | | felony.
| 3 | | (B) A person who participates in the manufacture of | 4 | | 15 or more grams but less than 100 grams of | 5 | | methamphetamine or a substance containing | 6 | | methamphetamine is guilty of a Class X felony, subject | 7 | | to a term of imprisonment of not less than 6 years and | 8 | | not more than 30 years, and subject to a fine not to | 9 | | exceed $100,000 or the street value of the | 10 | | methamphetamine manufactured, whichever is greater.
| 11 | | (C) A person who participates in the manufacture of | 12 | | 100 or more grams but less than 400 grams of | 13 | | methamphetamine or a substance containing | 14 | | methamphetamine is guilty of a Class X felony, subject | 15 | | to a term of imprisonment of not less than 9 years and | 16 | | not more than 40 years, and subject to a fine not to | 17 | | exceed $200,000 or the street value of the | 18 | | methamphetamine manufactured, whichever is greater.
| 19 | | (D) A person who participates in the manufacture of | 20 | | 400 or more grams but less than 900 grams of | 21 | | methamphetamine or a substance containing | 22 | | methamphetamine is guilty of a Class X felony, subject | 23 | | to a term of imprisonment of not less than 12 years and | 24 | | not more than 50 years, and subject to a fine not to | 25 | | exceed $300,000 or the street value of the | 26 | | methamphetamine manufactured, whichever is greater.
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| 1 | | (E) A person who participates in the manufacture of | 2 | | 900 grams or more of methamphetamine or a substance | 3 | | containing methamphetamine is guilty of a Class X | 4 | | felony, subject to a term of imprisonment of not less | 5 | | than 15 years and not more than 60 years, and subject | 6 | | to a fine not to exceed $400,000 or the street value of | 7 | | the methamphetamine, whichever is greater.
| 8 | | (b) Aggravated participation in methamphetamine | 9 | | manufacturing.
| 10 | | (1) It is unlawful to engage in aggravated | 11 | | participation in the manufacture of methamphetamine. A | 12 | | person engages in aggravated participation in the | 13 | | manufacture of methamphetamine when the person violates | 14 | | paragraph (1) of subsection (a) and:
| 15 | | (A) the person knowingly does so in a multi-unit | 16 | | dwelling;
| 17 | | (B) the person knowingly does so in a structure or | 18 | | vehicle where a child under the age of 18, a person | 19 | | with a disability, or a person 60 years of age or older | 20 | | who is incapable of adequately providing for his or her | 21 | | own health and personal care resides, is present, or is | 22 | | endangered by the manufacture of methamphetamine;
| 23 | | (C) the person does so in a structure or vehicle | 24 | | where a woman the person knows to be pregnant | 25 | | (including but not limited to the person herself) | 26 | | resides, is present, or is endangered by the |
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| 1 | | methamphetamine manufacture;
| 2 | | (D) the person knowingly does so in a structure or | 3 | | vehicle protected by one or more firearms, explosive | 4 | | devices, booby traps, alarm systems, surveillance | 5 | | systems, guard dogs, or dangerous animals;
| 6 | | (E) the methamphetamine manufacturing in which the | 7 | | person participates is a contributing cause of the | 8 | | death, serious bodily injury, disability, or | 9 | | disfigurement of another person, including but not | 10 | | limited to an emergency service provider;
| 11 | | (F) the methamphetamine manufacturing in which the | 12 | | person participates is a contributing cause of a fire | 13 | | or explosion that damages property belonging to | 14 | | another person;
| 15 | | (G) the person knowingly organizes, directs, or | 16 | | finances the methamphetamine manufacturing or | 17 | | activities carried out in support of the | 18 | | methamphetamine manufacturing; or
| 19 | | (H) the methamphetamine manufacturing occurs | 20 | | within 1,000 feet of a place of worship or parsonage , | 21 | | or within 1,000 feet of the real property comprising | 22 | | any school .
| 23 | | (2) A person who violates paragraph (1) of this | 24 | | subsection (b) is subject to the following penalties:
| 25 | | (A) A person who participates in the manufacture of | 26 | | less than 15 grams of methamphetamine or a substance |
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| 1 | | containing methamphetamine is guilty of a Class X | 2 | | felony, subject to a term of imprisonment of not less | 3 | | than 6 years and not more than 30 years, and subject to | 4 | | a fine not to exceed $100,000 or the street value of | 5 | | the methamphetamine, whichever is greater.
| 6 | | (B) A person who participates in the manufacture of | 7 | | 15 or more grams but less than 100 grams of | 8 | | methamphetamine or a substance containing | 9 | | methamphetamine is guilty of a Class X felony, subject | 10 | | to a term of imprisonment of not less than 9 years and | 11 | | not more than 40 years, and subject to a fine not to | 12 | | exceed $200,000 or the street value of the | 13 | | methamphetamine, whichever is greater.
| 14 | | (C) A person who participates in the manufacture of | 15 | | 100 or more grams but less than 400 grams of | 16 | | methamphetamine or a substance containing | 17 | | methamphetamine is guilty of a Class X felony, subject | 18 | | to a term of imprisonment of not less than 12 years and | 19 | | not more than 50 years, and subject to a fine not to | 20 | | exceed $300,000 or the street value of the | 21 | | methamphetamine, whichever is greater.
| 22 | | (D) A person who participates in the manufacture of | 23 | | 400 grams or more of methamphetamine or a substance | 24 | | containing methamphetamine is guilty of a Class X | 25 | | felony, subject to a term of imprisonment of not less | 26 | | than 15 years and not more than 60 years, and subject |
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| 1 | | to a fine not to exceed $400,000 or the street value of | 2 | | the methamphetamine, whichever is greater.
| 3 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; | 4 | | 95-571, eff. 6-1-08 .)".
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