Full Text of HB1432 99th General Assembly
HB1432ham001 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/9/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1432
| 2 | | AMENDMENT NO. ______. Amend House Bill 1432 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 10.2 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 to:
| 9 | | (a) not more than 30 2.5 grams of any substance | 10 | | containing cannabis is
guilty of a petty offense and shall | 11 | | be fined $100 for a first offense, $200 for a second | 12 | | offense, and $300 for a third or subsequent offense and | 13 | | ordered by the court to perform 20 hours of community | 14 | | service at a drug-abuse treatment center licensed by the | 15 | | Department of Human Services under the Alcoholism and Other | 16 | | Drug Abuse and Dependency Act Class C misdemeanor ;
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| 1 | | (b) (blank); more than 2.5 grams but not more than 10 | 2 | | grams of any substance
containing cannabis is guilty of a | 3 | | Class B misdemeanor;
| 4 | | (c) (blank); more than 10 grams but not more than 30 | 5 | | grams of any substance
containing cannabis is guilty of a | 6 | | Class A misdemeanor; provided, that if
any offense under | 7 | | this subsection (c) is a subsequent offense, the offender
| 8 | | shall be guilty of a Class 4 felony;
| 9 | | (d) more than 30 grams but not more than 500 grams of | 10 | | any substance
containing cannabis is guilty of a Class 4 | 11 | | felony; provided that if any
offense under this subsection | 12 | | (d) is a subsequent offense, the offender
shall be guilty | 13 | | of a Class 3 felony;
| 14 | | (e) more than 500 grams but not more than 2,000 grams | 15 | | of any substance
containing cannabis is guilty
of a Class 3 | 16 | | felony;
| 17 | | (f) more than 2,000 grams but not more than 5,000 grams | 18 | | of any
substance containing cannabis is guilty of a Class 2 | 19 | | felony;
| 20 | | (g) more than 5,000 grams of any substance containing | 21 | | cannabis is guilty
of a Class 1 felony.
| 22 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 23 | | (720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
| 24 | | Sec. 10.2. Allocation of fines. | 25 | | (a) If the seizure was made by State law enforcement |
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| 1 | | personnel, 6 1/4% Twelve and one-half percent of all amounts | 2 | | collected
as fines pursuant to the provisions of this Act shall | 3 | | be paid into the
Youth Drug Abuse Prevention Fund, which is | 4 | | hereby created in the State
treasury, to be used by the | 5 | | Department of Human Services
for the funding of programs and | 6 | | services for drug-abuse treatment, and
prevention and | 7 | | education services, for juveniles.
| 8 | | (a-5) If the seizure was made by State law enforcement | 9 | | personnel, 6 1/4% of all amounts collected
as fines under the | 10 | | provisions of this Act shall be paid into the Drug Treatment | 11 | | Fund, to be used by the Department of Human Services
for the | 12 | | funding of programs and services for drug-abuse treatment, | 13 | | prevention and education services, for adults. | 14 | | (b) Eighty-seven and one-half percent of the proceeds of | 15 | | all fines received
under the provisions of this Act shall be | 16 | | transmitted to and deposited in
the treasurer's office at the | 17 | | level of government as follows:
| 18 | | (1) (Blank). If such seizure was made by a combination | 19 | | of law enforcement
personnel representing differing units | 20 | | of local government, the court
levying the fine shall | 21 | | equitably allocate 50% of the fine among these units
of | 22 | | local government and shall allocate 37 1/2% to the county | 23 | | general
corporate fund. In the event that the seizure was | 24 | | made by law enforcement
personnel representing a unit of | 25 | | local government from a municipality where
the number of | 26 | | inhabitants exceeds 2 million in population, the court
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| 1 | | levying the fine shall allocate 87 1/2% of the fine to that | 2 | | unit of local
government. If the seizure was made by a | 3 | | combination of law enforcement
personnel representing | 4 | | differing units of local government, and at least
one of | 5 | | those units represents a municipality where the number of
| 6 | | inhabitants exceeds 2 million in population, the court | 7 | | shall equitably
allocate 87 1/2% of the proceeds of the | 8 | | fines received among the differing
units of local | 9 | | government.
| 10 | | (2) If the such seizure was made by State law | 11 | | enforcement personnel, then
the court shall allocate 37 | 12 | | 1/2% to the State treasury and 50% to the
county general | 13 | | corporate fund.
| 14 | | (3) (Blank). If a State law enforcement agency in | 15 | | combination with a law
enforcement agency or agencies of a | 16 | | unit or units of local government
conducted the seizure, | 17 | | the court shall equitably allocate 37 1/2% of the
fines to | 18 | | or among the law enforcement agency or agencies of the unit | 19 | | or
units of local government which conducted the seizure | 20 | | and shall allocate
50% to the county general corporate | 21 | | fund.
| 22 | | (b-5) If the seizure was made by a combination of law | 23 | | enforcement
personnel representing different units of local | 24 | | government, the court
levying the fine shall equitably allocate | 25 | | 50% of the fine among these units
of local government and shall | 26 | | allocate 37 1/2% to the county general
corporate fund. Six and |
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| 1 | | one-quarter percent shall be paid into the
Youth Drug Abuse | 2 | | Prevention Fund and 6 1/4% shall be paid into the Drug | 3 | | Treatment Fund. In the event that the seizure was made by law | 4 | | enforcement
personnel representing a unit of local government | 5 | | from a municipality where
the number of inhabitants exceeds | 6 | | 2,000,000 in population, the court
levying the fine shall | 7 | | allocate 87 1/2% of the fine to that unit of local
government. | 8 | | Six and one-quarter percent shall be paid into the
Youth Drug | 9 | | Abuse Prevention Fund and 6 1/4% shall be paid into the Drug | 10 | | Treatment Fund. If the seizure was made by a combination of law | 11 | | enforcement
personnel representing different units of local | 12 | | government, and at least
one of those units represents a | 13 | | municipality where the number of
inhabitants exceeds 2,000,000 | 14 | | in population, the court shall equitably
allocate 87 1/2% of | 15 | | the proceeds of the fines received among the different
units of | 16 | | local government. Six and one-quarter percent shall be paid | 17 | | into the
Youth Drug Abuse Prevention Fund and 6 1/4% shall be | 18 | | deposited into the Drug Treatment Fund. If a State law | 19 | | enforcement agency in combination with a law
enforcement agency | 20 | | or agencies of a unit or units of local government
conducted | 21 | | the seizure, the court shall equitably allocate 50% of the
| 22 | | fines to or among the law enforcement agency or agencies of the | 23 | | unit or
units of local government which conducted the seizure | 24 | | and shall allocate
50% to the county general corporate fund. | 25 | | (c) The proceeds of all fines allocated to the law | 26 | | enforcement agency or
agencies of the unit or units of local |
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| 1 | | government pursuant to subsections subsection
(b) and (b-5) | 2 | | shall be made available to that law enforcement agency as | 3 | | expendable
receipts for use in the enforcement of laws | 4 | | regulating controlled
substances and cannabis. The proceeds of | 5 | | fines awarded to the State
treasury shall be deposited in a | 6 | | special fund known as the Drug Traffic
Prevention Fund, except | 7 | | that amounts distributed to the Secretary of State
shall be | 8 | | deposited into the Secretary of State Evidence Fund to be used | 9 | | as
provided in Section 2-115 of the Illinois Vehicle Code.
| 10 | | Monies from this fund may be used by the Department of
State | 11 | | Police for use in the enforcement of laws regulating controlled
| 12 | | substances and cannabis; to satisfy funding provisions of the
| 13 | | Intergovernmental Drug Laws Enforcement Act; to defray costs | 14 | | and expenses
associated with returning violators of this Act, | 15 | | the Illinois Controlled
Substances Act, and the | 16 | | Methamphetamine Control and Community Protection Act only, as | 17 | | provided in such Acts, when punishment of the crime
shall be | 18 | | confinement of the criminal in the penitentiary; and all other
| 19 | | monies shall be paid into the general revenue fund in the State | 20 | | treasury.
| 21 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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