Full Text of HB4866 98th General Assembly
HB4866ham001 98TH GENERAL ASSEMBLY | Rep. John D. Cavaletto Filed: 3/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4866
| 2 | | AMENDMENT NO. ______. Amend House Bill 4866 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Use of Intoxicating Compounds Act is | 5 | | amended by changing Sections 1, 2, and 4 as follows:
| 6 | | (720 ILCS 690/1) (from Ch. 38, par. 81-1)
| 7 | | Sec. 1. Use or possession prohibited. | 8 | | (a) No person shall ingest, breathe, inhale or
drink any | 9 | | compound, liquid, or
chemical containing toluol, hexane, | 10 | | trichloroethylene, acetone, toluene,
ethyl acetate, methyl | 11 | | ethyl ketone, trichloroethane,
isopropanol, methyl isobutyl | 12 | | ketone, methyl cellosolve acetate, cyclohexanone,
the | 13 | | alkaloids atropine, hyoscyamine, or scopolamine , or any other | 14 | | substance
for the purpose of inducing a condition of | 15 | | intoxication,
stupefaction, depression, giddiness, paralysis | 16 | | or irrational behavior, or in
any manner changing, distorting |
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| 1 | | or disturbing the auditory, visual or mental
processes. For the | 2 | | purposes of this Act, any such condition so induced shall be
| 3 | | deemed to be an intoxicated condition.
| 4 | | (b) No person shall possess any substance not listed in | 5 | | this Act for the purpose of inducing in the user a condition of | 6 | | intoxication, stupefaction, depression, giddiness, paralysis, | 7 | | or irrational behavior, or in any manner changing, distorting, | 8 | | or disturbing the auditory, visual, or mental processes. For | 9 | | the purposes of this Act, any of these conditions so induced | 10 | | shall be deemed to be an intoxicated condition. This subsection | 11 | | (b) does not apply to: | 12 | | (1) distilled spirits, wine, malt beverages, or | 13 | | tobacco, as those terms are defined or used in the Liquor | 14 | | Control Act of 1934 and the Tobacco Products Tax Act of | 15 | | 1995; | 16 | | (2) any product or substance regulated by the federal | 17 | | Food and Drug Administration; or | 18 | | (3) any controlled substance listed in the Illinois | 19 | | Controlled Substances Act. | 20 | | (Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
| 21 | | (720 ILCS 690/2) (from Ch. 38, par. 81-2)
| 22 | | Sec. 2. Sale or delivery prohibited.
| 23 | | (a) No person shall knowingly sell or offer for sale, | 24 | | deliver or give
to any person under 17 years of age, unless | 25 | | upon written order of such
person's parent or guardian, any |
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| 1 | | compound, liquid, or chemical
containing
toluol, hexane, | 2 | | trichloroethylene, acetone, toluene, ethyl acetate, methyl
| 3 | | ethyl ketone, trichloroethane, isopropanol, methyl
isobutyl | 4 | | ketone, methyl cellosolve acetate, cyclohexanone, or any other
| 5 | | substance which will induce an intoxicated condition, as | 6 | | defined herein, when
the seller, offeror, or deliverer knows or | 7 | | has reason to know that the compound
is intended for use to | 8 | | induce such condition.
| 9 | | (b) No person shall knowingly sell or offer for sale, | 10 | | deliver, or give to
any person any compound, liquid, or | 11 | | chemical containing alkaloids atropine,
hyoscyamine, or | 12 | | scopolamine when the seller, offeror, or deliverer knows or has
| 13 | | reason to know that the compound, liquid, or chemical is | 14 | | intended for use to
induce an intoxicated condition.
| 15 | | (c) No person shall knowingly sell or offer for sale, | 16 | | deliver, or give to any person any substance not listed in this | 17 | | Act which will induce an intoxicated condition, as defined in | 18 | | this Act, when the seller, offeror, or deliverer knows or has | 19 | | reason to know that the compound is intended for use to induce | 20 | | that condition. | 21 | | (Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
| 22 | | (720 ILCS 690/4) (from Ch. 38, par. 81-4)
| 23 | | Sec. 4. Sentence.
| 24 | | (a) Except as otherwise provided in subsection (b), (c), or | 25 | | (d), violation of this
Act is a Class C misdemeanor for a first |
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| 1 | | offense and a Class A misdemeanor for a second or subsequent | 2 | | offense.
| 3 | | (b) (1) The knowing ingestion of any compound, liquid, or | 4 | | chemical
containing the alkaloids atropine, hyoscyamine, | 5 | | or scopolamine is a Class A
misdemeanor.
| 6 | | (2) The sale, offer for sale, delivery, or giving to | 7 | | any person of a
compound, liquid, or chemical containing | 8 | | the alkaloids atropine, hyoscyamine,
or scopolamine is a | 9 | | Class 4 felony.
| 10 | | (3) This subsection (b) does not prohibit the sale, | 11 | | offer for sale,
delivery, giving, or ingestion of a | 12 | | compound, liquid, or chemical containing
the alkaloids | 13 | | atropine, hyoscyamine, or scopolamine under the direction | 14 | | or
prescription of a practitioner authorized to so direct | 15 | | or prescribe as provided
in Section 3.
| 16 | | (c) Any person who violates subsection (b) of Section 1 of | 17 | | this Act with respect to: | 18 | | (1) not more than 2.5 grams of a prohibited substance | 19 | | is guilty of a Class C misdemeanor; | 20 | | (2) more than 2.5 grams but not more than 10 grams of a | 21 | | prohibited substance is guilty of a Class B misdemeanor; | 22 | | (3) more than 10 grams but not more than 30 grams of a | 23 | | prohibited substance is guilty of a Class A misdemeanor; | 24 | | provided, that if any offense under this subsection (c) is | 25 | | a subsequent offense, the offender shall be guilty of a | 26 | | Class 4 felony; |
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| 1 | | (4) more than 30 grams but not more than 500 grams of a | 2 | | prohibited substance is guilty of a Class 4 felony; | 3 | | provided that if any offense under this subsection (c) is a | 4 | | subsequent offense, the offender shall be guilty of a Class | 5 | | 3 felony; | 6 | | (5) more than 500 grams but not more than 2,000 grams | 7 | | of a prohibited substance is guilty of a Class 3 felony; | 8 | | (6) more than 2,000 grams but not more than 5,000 grams | 9 | | of a prohibited substance is guilty of a Class 2 felony; | 10 | | (7) more than 5,000 grams of a prohibited substance is | 11 | | guilty of a Class 1 felony. | 12 | | (d) Any person who violates subsection (c) of Section 2 of | 13 | | this Act with respect to: | 14 | | (1) not more than 2.5 grams of a prohibited substance | 15 | | is guilty of a Class B misdemeanor; | 16 | | (2) more than 2.5 grams but not more than 10 grams of a | 17 | | prohibited substance is guilty of a Class A misdemeanor; | 18 | | (3) more than 10 grams but not more than 30 grams of a | 19 | | prohibited substance is guilty of a Class 4 felony; | 20 | | (4) more than 30 grams but not more than 500 grams of a | 21 | | prohibited substance is guilty of a Class 3 felony for | 22 | | which a fine not to exceed $50,000 may be imposed; | 23 | | (5) more than 500 grams but not more than 2,000 grams | 24 | | of a prohibited substance is guilty of a Class 2 felony for | 25 | | which a fine not to exceed $100,000 may be imposed; | 26 | | (6) more than 2,000 grams but not more than 5,000 grams |
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| 1 | | of a prohibited substance is guilty of a Class 1 felony for | 2 | | which a fine not to exceed $150,000 may be imposed; | 3 | | (7) more than 5,000 grams of a prohibited substance is | 4 | | guilty of a Class X felony for which a fine not to exceed | 5 | | $200,000 may be imposed. | 6 | | (Source: P.A. 96-1440, eff. 1-1-11.)".
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