Full Text of HB1115 99th General Assembly
HB1115ham001 99TH GENERAL ASSEMBLY | Rep. Robert F. Martwick Filed: 3/5/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1115
| 2 | | AMENDMENT NO. ______. Amend House Bill 1115 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cannabis Control Act is amended by changing | 5 | | Sections 4 and 5 and by adding Section 4.1 as follows:
| 6 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 7 | | Sec. 4. It is unlawful for any person knowingly to possess | 8 | | cannabis. Any person
who violates this section with respect | 9 | | to:
| 10 | | (a) not more than 30 2.5 grams of any substance containing | 11 | | cannabis is
subject to a Uniform Cannabis Citation under | 12 | | Section 4.1 of this Act, unless the person has been previously | 13 | | convicted of 2 or more violations under this Act, in which case | 14 | | the person is guilty of a Class A misdemeanor guilty of a Class | 15 | | C misdemeanor ; | 16 | | (b) (blank); more than 2.5 grams but not more than 10 grams |
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| 1 | | of any substance
containing cannabis is guilty of a Class B | 2 | | misdemeanor; | 3 | | (c) (blank); more than 10 grams but not more than 30 grams | 4 | | of any substance
containing cannabis is guilty of a Class A | 5 | | misdemeanor; provided, that if
any offense under this | 6 | | subsection (c) is a subsequent offense, the offender
shall be | 7 | | guilty of a Class 4 felony;
| 8 | | (d) more than 30 grams but not more than 100 500 grams of | 9 | | any substance
containing cannabis is guilty of a Class A | 10 | | misdemeanor for a first offense, and a Class 4 felony for a | 11 | | subsequent offense Class 4 felony; provided that if any
offense | 12 | | under this subsection (d) is a subsequent offense, the offender
| 13 | | shall be guilty of a Class 3 felony ;
| 14 | | (e) more than 100 500 grams but not more than 500 2,000 | 15 | | grams of any substance
containing cannabis is guilty
of a Class | 16 | | 4 3 felony;
| 17 | | (e-1) more than 500 grams but not more than 2,000 grams of | 18 | | any
substance containing cannabis is guilty of a Class 3 | 19 | | felony; | 20 | | (f) more than 2,000 grams but not more than 5,000 grams of | 21 | | any
substance containing cannabis is guilty of a Class 2 | 22 | | felony;
| 23 | | (g) more than 5,000 grams of any substance containing | 24 | | cannabis is guilty
of a Class 1 felony.
| 25 | | (Source: P.A. 90-397, eff. 8-15-97 .)
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| 1 | | (720 ILCS 550/4.1 new) | 2 | | Sec. 4.1. Petty offense sentence for misdemeanor | 3 | | possession of 30 grams or less of cannabis. | 4 | | (a) Upon arrest for possession of not more than 30 grams of | 5 | | any substance containing cannabis under subsection (a) of | 6 | | Section 4 of this Act, criminal charges may be commenced under | 7 | | a Uniform Cannabis Citation under Section 111-3 of the Code of | 8 | | Criminal Procedure of 1963, and the defendant shall be | 9 | | prosecuted and sentenced for the commission of a petty offense. | 10 | | (b) For purposes of this Section, "petty offense" is an | 11 | | offense for which a sentence of imprisonment is not an | 12 | | authorized disposition as defined in Section 5-1-17 of the | 13 | | Unified Code of Corrections. | 14 | | (c) After a person has been arrested for an offense listed | 15 | | in subsection (a) of this Section, once the officer has | 16 | | determined the identity of the person, and determined that the | 17 | | offender has not been convicted of 2 or more offenses under | 18 | | this Act, the law enforcement officer may issue the person a | 19 | | Uniform Cannabis Citation. When the law enforcement officer has | 20 | | observed the commission of the offense, the signing of the | 21 | | Uniform Cannabis Citation is sufficient to charge the person if | 22 | | the law enforcement officer certifies that the statements set | 23 | | forth in the Uniform Cannabis Citation are true and correct and | 24 | | are subject to the penalties provided by law for false | 25 | | certification under Section 1-109 of the Code of Civil | 26 | | Procedure and perjury under Section 32-2 of the Criminal Code |
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| 1 | | of 2012. The Uniform Cannabis Citation shall allege the | 2 | | commission of the offense by including: | 3 | | (1) the name, date of birth, and address of the | 4 | | defendant; | 5 | | (2) the name of the offense; | 6 | | (3) the statutory provision alleged to have been | 7 | | violated; | 8 | | (4) the date, time, location, and county of the offense | 9 | | as definitely can be done; | 10 | | (5) the weight of the recovered substance; and | 11 | | (6) the fine amount based upon defendant's number of | 12 | | prior guilty dispositions charged by a Uniform Cannabis | 13 | | Citation. | 14 | | When a Uniform Cannabis Citation has been issued to a | 15 | | defendant, the copy of the Citation filed with the circuit | 16 | | court constitutes a complaint to which the defendant may plead, | 17 | | unless he or she specifically requests that a verified | 18 | | complaint be filed. | 19 | | (d) When a Uniform Cannabis Citation has been issued to a | 20 | | defendant, the arresting officer shall set the defendant's | 21 | | first appearance in court on a date not less than 14 days but | 22 | | within 60 days after the date of the defendant's arrest. | 23 | | (e) When a Uniform Cannabis Citation has been issued to a | 24 | | defendant, the law enforcement officer shall also issue written | 25 | | notice to the defendant in substantially the following form: | 26 | | AVOID MULTIPLE COURT APPEARANCES |
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| 1 | | If you intend to plead "not guilty" to this charge, or if, | 2 | | in addition, you intend to demand a trial by jury, so | 3 | | notify the clerk of the court at least 10 days (excluding | 4 | | Saturdays, Sundays, or holidays) before the day set for | 5 | | your appearance. A new appearance date for a trial by jury | 6 | | will be set for a court date not less than 45 days, but not | 7 | | more than 60 days, after your arrest, and arrangements will | 8 | | be made to have the arresting officer and laboratory | 9 | | analyst on the next court date for jury trial. Failure to | 10 | | notify the clerk of either your intention to plead "not | 11 | | guilty" or your intention to demand a jury trial, may | 12 | | result in your having to return to court, if you plead "not | 13 | | guilty" on the date originally set for your court | 14 | | appearance. | 15 | | (f) A case shall not be dismissed due to an error by the | 16 | | arresting officer or the clerk of the court, or both, in | 17 | | setting a defendant's first appearance date, subject to the | 18 | | right of speedy trial provided under Section 103-5 of the Code | 19 | | of Criminal Procedure of 1963. | 20 | | (g) Within 14 days (excluding Saturdays, Sundays, or | 21 | | holidays) from the date defendant was issued a Uniform Cannabis | 22 | | Citation, a defendant may enter a plea of guilty and mail the | 23 | | fine to the clerk of the court of the county in which defendant | 24 | | was arrested. The fine schedule when no court appearance is | 25 | | required is as follows: | 26 | | (1) $250 for first disposition of guilty of an offense |
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| 1 | | charged by a Uniform Cannabis Citation; | 2 | | (2) $300 for second disposition of guilty of an offense | 3 | | charged by a Uniform Cannabis Citation; | 4 | | (3) a person who commits a third or subsequent offense | 5 | | is subject to the criminal penalties set forth in | 6 | | subsection (a) of Section 4 of this Act. | 7 | | (h) To plead guilty, the defendant shall sign the section | 8 | | on the reverse side of the Uniform Cannabis Citation which | 9 | | indicates defendant knowingly and voluntarily enters a plea of | 10 | | guilty after being informed that: | 11 | | (1) the nature of the charge is a petty offense not | 12 | | punishable by a sentence of imprisonment; | 13 | | (2) the maximum sentence is a fine of $300, plus an | 14 | | additional penalty for failure to pay the fine within 14 | 15 | | days, court fees and costs, drug laboratory analysis fees | 16 | | and costs, and a period of probation or conditional | 17 | | discharge not to exceed a period of 6 months; | 18 | | (3) the minimum sentence for this offense is a fine of | 19 | | $250, plus an additional penalty for failure to pay the | 20 | | fine within 14 days, court fees and costs, and drug | 21 | | laboratory analysis fees and costs; | 22 | | (4) the defendant has the right to plead not guilty, to | 23 | | persist in the plea of not guilty if it has already been | 24 | | made, or to plead guilty; | 25 | | (5) if the defendant pleads not guilty and requests a | 26 | | trial, if the defendant is found guilty he or she is |
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| 1 | | required to pay the fee imposed by subsection (j) of this | 2 | | Section, an additional penalty for failure to pay the fine | 3 | | in a timely manner, all applicable court costs and fees, | 4 | | and all applicable crime laboratory drug analysis costs and | 5 | | fees prescribed by the circuit court; | 6 | | (6) if the defendant pleads guilty, there shall not be | 7 | | a trial of any kind, so that by pleading guilty, the | 8 | | defendant waives the right to a trial by jury and the right | 9 | | to be confronted with the witnesses against him or her, to | 10 | | cross-examine these witnesses, and to testify if he or she | 11 | | chooses to do so; | 12 | | (7) if the defendant fails to appear at a hearing or | 13 | | trial, a default judgment shall be entered against the | 14 | | defendant for the fine amount under subsection (j) of this | 15 | | Section, plus all applicable fees and costs under this | 16 | | Section, and an arrest warrant may issue for the defendant | 17 | | under Supreme Court Rule 572(b); and | 18 | | (8) the disposition of this offense shall be sent to | 19 | | the Department of State Police and the local law | 20 | | enforcement agency that issued the Citation. | 21 | | (i) When a defendant has received a Uniform Cannabis | 22 | | Citation and does not appear on the date set for appearance or | 23 | | any date which the case has been continued, the court shall | 24 | | continue the case for a minimum of 30 days and require a notice | 25 | | of the next continued court date be sent to the defendant at | 26 | | his or her last known address. If defendant does not appear on |
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| 1 | | or before the next continued court date and satisfy the court | 2 | | that his or her appearance was impossible and without any fault | 3 | | on his or her part, the court shall enter an order of failure | 4 | | to appear to answer the charge. A verified charge may be filed, | 5 | | if one has not been previously filed, and a summons or warrant | 6 | | of arrest for the defendant may be issued by the court. | 7 | | (j) Sentence. Upon a plea of guilty during a court | 8 | | appearance or a finding of guilty after a trial, the court | 9 | | shall impose a fine for each offense: | 10 | | (1) $250 for first disposition of guilty of an offense | 11 | | charged by Uniform Cannabis Citation; | 12 | | (2) $300 for second disposition of guilty of an offense | 13 | | charged by Uniform Cannabis Citation; | 14 | | (3) a person who commits a third or subsequent offense | 15 | | is subject to the criminal penalties set forth in | 16 | | subsection (a) of Section 4 of this Act. | 17 | | In addition to the mandatory fine, and imposition of court | 18 | | costs, the court may also impose a sentence of probation or | 19 | | conditional discharge not to exceed a period of 6 months. The | 20 | | court shall specify any of the conditions of probation and | 21 | | conditional discharge available under Section 5-6-3 of the | 22 | | Unified Code of Corrections. | 23 | | (k) A person who fails to pay any applicable fines, fees, | 24 | | or costs issued under this Section within 180 days is subject | 25 | | to garnishment, lien, attachment, or other judicial process to | 26 | | recover any outstanding debt. |
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| 1 | | (l) All funds obtained under this Section shall be | 2 | | distributed into the general revenue fund of the county in | 3 | | which the offense was committed. | 4 | | (m) The Department of State Police shall create a Uniform | 5 | | Cannabis Citation for use by law enforcement agencies in | 6 | | accordance with this Section. The Department of State Police | 7 | | may adopt rules to implement the provisions of this Section. | 8 | | (n) A county or municipality, including a home rule unit, | 9 | | may not regulate the enforcement of laws governing violations | 10 | | of the Cannabis Control Act. This Section is a denial and | 11 | | limitation under subsection (i) of Section 6 of Article VII of | 12 | | the Illinois Constitution on the concurrent exercise by home | 13 | | rule units of the powers exclusively exercised by the State. A | 14 | | system of regulation enforcing laws governing violations of the | 15 | | Cannabis Control Act by a county or municipality, including a | 16 | | home rule unit, that was in effect before the effective date of | 17 | | this amendatory Act of the 99th General Assembly is exempt from | 18 | | the provisions of this Section.
| 19 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| 20 | | Sec. 5. It is unlawful for any person knowingly to | 21 | | manufacture, deliver, or
possess with intent to deliver, or | 22 | | manufacture, cannabis. Any person who
violates this section | 23 | | with respect to:
| 24 | | (a) not more than 30 grams of any substance containing | 25 | | cannabis is guilty of a Class B misdemeanor for a first |
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| 1 | | offense, a Class A misdemeanor for a second offense, and a | 2 | | Class 4 felony for a third or subsequent offense 2.5 grams of | 3 | | any substance containing cannabis is
guilty of a Class B | 4 | | misdemeanor ; | 5 | | (b) (blank); more than 2.5 grams but not more than 10 grams | 6 | | of any substance
containing cannabis is guilty of a Class A | 7 | | misdemeanor; | 8 | | (c) (blank); more than 10 grams but not more than 30 grams | 9 | | of any substance
containing cannabis is guilty of a Class 4 | 10 | | felony;
| 11 | | (d) more than 30 grams but not more than 500 grams of any | 12 | | substance
containing cannabis is guilty of a Class 4 felony for | 13 | | a first offense, and a Class 3 felony for a second or | 14 | | subsequent offense. A for which a fine not
to exceed $50,000 | 15 | | may be imposed for a violation of this subsection ;
| 16 | | (e) more than 500 grams but not more than 2,000 grams of | 17 | | any substance
containing cannabis is guilty
of a Class 2 felony | 18 | | for which a fine not to exceed $100,000 may be
imposed;
| 19 | | (f) more than 2,000 grams but not more than 5,000 grams of | 20 | | any
substance containing cannabis is guilty of a Class 1 felony | 21 | | for which a
fine not to exceed $150,000 may be imposed;
| 22 | | (g) more than 5,000 grams of any substance containing | 23 | | cannabis is guilty
of a Class X felony for which a fine not to | 24 | | exceed $200,000 may be imposed.
| 25 | | (Source: P.A. 90-397, eff. 8-15-97.)
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| 1 | | Section 10. The Code of Criminal Procedure of 1963 is | 2 | | amended by changing Section 111-3 as follows:
| 3 | | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
| 4 | | Sec. 111-3. Form of charge.
| 5 | | (a) A charge shall be in writing and allege the commission | 6 | | of an
offense by:
| 7 | | (1) Stating the name of the offense;
| 8 | | (2) Citing the statutory provision alleged to have been | 9 | | violated;
| 10 | | (3) Setting forth the nature and elements of the | 11 | | offense charged;
| 12 | | (4) Stating the date and county of the offense as | 13 | | definitely as can be
done; and
| 14 | | (5) Stating the name of the accused, if known, and if | 15 | | not known,
designate the accused by any name or description | 16 | | by which he can be
identified with reasonable certainty.
| 17 | | (a-5) If the victim is alleged to have been subjected to an | 18 | | offense involving an illegal sexual act including, but not | 19 | | limited to, a sexual offense defined in Article 11 or Section | 20 | | 10-9 of the Criminal Code of 2012, the charge shall state the | 21 | | identity of the victim by name, initials, or description. | 22 | | (b) An indictment shall be signed by the foreman of the | 23 | | Grand Jury and
an information shall be signed by the State's | 24 | | Attorney and sworn to by him
or another. A complaint shall be | 25 | | sworn to and signed by the complainant; provided, that when a |
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| 1 | | peace officer observes the commission of a misdemeanor
and is | 2 | | the complaining witness, the signing of the complaint by the | 3 | | peace
officer is sufficient to charge the defendant with the | 4 | | commission of the
offense, and the complaint need not be sworn | 5 | | to if the officer signing the
complaint certifies that the | 6 | | statements set forth in the complaint are true and
correct and | 7 | | are subject to the penalties provided by law for false
| 8 | | certification
under Section 1-109 of the Code of Civil | 9 | | Procedure and perjury under Section
32-2 of the Criminal Code | 10 | | of 2012; and further provided, however, that when a citation is | 11 | | issued on a Uniform Traffic
Ticket , or Uniform Conservation | 12 | | Ticket , or Uniform Cannabis Citation (in a form prescribed by | 13 | | the
Conference of Chief Circuit Judges and filed with the | 14 | | Supreme Court), the
copy of such Uniform Ticket which is filed | 15 | | with the circuit court
constitutes a complaint to which the | 16 | | defendant may plead, unless he
specifically requests that a | 17 | | verified complaint be filed.
| 18 | | (c) When the State seeks an enhanced sentence because of a | 19 | | prior
conviction, the charge shall also state the intention to | 20 | | seek an enhanced
sentence and shall state such prior conviction | 21 | | so as to give notice to the
defendant. However, the fact of | 22 | | such prior conviction and the State's
intention to seek an | 23 | | enhanced sentence are not elements of the offense and
may not | 24 | | be disclosed to the jury during trial unless otherwise | 25 | | permitted by
issues properly raised during such trial.
For the | 26 | | purposes of this Section, "enhanced sentence" means a sentence
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| 1 | | which is increased by a prior conviction from one | 2 | | classification of offense
to another higher level | 3 | | classification of offense set forth in Section
5-4.5-10
of the | 4 | | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not | 5 | | include an increase in the sentence applied within the
same | 6 | | level of classification of offense.
| 7 | | (c-5) Notwithstanding any other provision of law, in all | 8 | | cases in which
the
imposition of the death penalty is not a | 9 | | possibility, if an alleged fact (other
than the fact of a prior | 10 | | conviction) is not an element of an offense but is
sought to be | 11 | | used to increase the range of penalties for the offense beyond | 12 | | the
statutory maximum that could otherwise be imposed for the | 13 | | offense, the alleged
fact must be included in the charging | 14 | | instrument or otherwise provided to the
defendant through a | 15 | | written notification before trial, submitted to a trier
of fact | 16 | | as an aggravating factor, and proved beyond a reasonable doubt.
| 17 | | Failure to prove the fact beyond a reasonable doubt is not a | 18 | | bar to a
conviction
for commission of the offense, but is a bar | 19 | | to increasing, based on that fact,
the range of penalties for | 20 | | the offense beyond the statutory maximum that could
otherwise | 21 | | be imposed for that offense. Nothing in this subsection (c-5)
| 22 | | requires the
imposition of a sentence that increases the range | 23 | | of penalties for the offense
beyond the statutory maximum that | 24 | | could otherwise be imposed for the offense if
the imposition of | 25 | | that sentence is not required by law.
| 26 | | (d) At any time prior to trial, the State on motion shall |
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| 1 | | be permitted
to amend the charge, whether brought by | 2 | | indictment, information or
complaint, to make the charge comply | 3 | | with subsection (c) or (c-5) of this
Section. Nothing in | 4 | | Section 103-5 of this Code precludes such an
amendment or a | 5 | | written notification made in accordance with subsection (c-5) | 6 | | of
this Section.
| 7 | | (e) The provisions of subsection (a) of Section 5-4.5-95 of | 8 | | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not | 9 | | be affected by this Section.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)".
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