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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5886 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/407 | from Ch. 56 1/2, par. 1407 |
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Amends the Illinois Controlled Substances Act. Eliminates the discretionary enhanced penalty for a person 18 years of age or over delivering an illegal
controlled, counterfeit, or look-alike substance to a person under 18 years
of age. Provides for an enhanced penalty for delivering an illegal controlled or counterfeit substance or controlled substance analog in a drug treatment center, on the real property comprising a drug treatment center, or within 1,000 feet of the real property comprising a drug treatment center. Defines "drug treatment center".
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5886 | | LRB099 19181 RLC 43573 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Controlled Substances Act is |
5 | | amended by changing Section 407 as follows:
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6 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
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7 | | Sec. 407. (a) (1)(A) (Blank). Any person 18 years of age or |
8 | | over who violates any
subsection of Section 401 or subsection |
9 | | (b) of Section 404 by delivering a
controlled, counterfeit or |
10 | | look-alike substance to a person under 18 years
of age may be |
11 | | sentenced to imprisonment for a term up to twice the maximum
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12 | | term and fined an amount up to twice that amount otherwise |
13 | | authorized by
the pertinent subsection of Section 401 and |
14 | | Subsection (b) of Section 404.
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15 | | (B) (Blank).
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16 | | (2) Except as provided in paragraph (3) of this subsection, |
17 | | any person
who violates:
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18 | | (A) subsection (c) of Section 401 by delivering or |
19 | | possessing with
intent to deliver a controlled, |
20 | | counterfeit, or look-alike substance in or
on, or within |
21 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
22 | | of
a Class 1 felony, the fine for which shall not exceed |
23 | | $250,000;
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| | HB5886 | - 2 - | LRB099 19181 RLC 43573 b |
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1 | | (B) subsection (d) of Section 401 by delivering or |
2 | | possessing with
intent to deliver a controlled, |
3 | | counterfeit, or look-alike substance in or
on, or within |
4 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
5 | | of
a Class 2 felony, the fine for which shall not exceed |
6 | | $200,000;
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7 | | (C) subsection (e) of Section 401 or subsection (b) of |
8 | | Section 404
by delivering or possessing with intent to |
9 | | deliver a controlled,
counterfeit, or look-alike substance |
10 | | in or on, or within 1,000 feet of, a
truck stop or safety |
11 | | rest area, is guilty of a Class 3 felony, the fine for
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12 | | which shall not exceed $150,000;
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13 | | (D) subsection (f) of Section 401 by delivering or |
14 | | possessing with
intent to deliver a controlled, |
15 | | counterfeit, or look-alike substance in or
on, or within |
16 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
17 | | of
a Class 3 felony, the fine for which shall not exceed |
18 | | $125,000;
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19 | | (E) subsection (g) of Section 401 by delivering or |
20 | | possessing with
intent to deliver a controlled, |
21 | | counterfeit, or look-alike substance in or
on, or within |
22 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
23 | | of
a Class 3 felony, the fine for which shall not exceed |
24 | | $100,000;
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25 | | (F) subsection (h) of Section 401 by delivering or |
26 | | possessing with
intent to deliver a controlled, |
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| | HB5886 | - 3 - | LRB099 19181 RLC 43573 b |
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1 | | counterfeit, or look-alike substance in or
on, or within |
2 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
3 | | of
a Class 3 felony, the fine for which shall not exceed |
4 | | $75,000;
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5 | | (3) Any person who violates paragraph (2) of this |
6 | | subsection (a) by
delivering or possessing with intent to |
7 | | deliver a controlled, counterfeit,
or look-alike substance in |
8 | | or on, or within 1,000 feet of a truck stop or a
safety rest |
9 | | area, following a prior conviction or convictions of paragraph
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10 | | (2) of this subsection (a) may be sentenced to a term of |
11 | | imprisonment up to
2 times the maximum term and fined an amount |
12 | | up to 2 times the amount
otherwise authorized by Section 401.
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13 | | (4) For the purposes of this subsection (a):
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14 | | (A) "Safety rest area" means a roadside facility |
15 | | removed from the
roadway with parking and facilities |
16 | | designed for motorists' rest, comfort,
and information |
17 | | needs; and
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18 | | (B) "Truck stop" means any facility (and its parking |
19 | | areas) used to
provide fuel or service, or both, to any |
20 | | commercial motor vehicle as
defined in Section 18b-101 of |
21 | | the Illinois Vehicle Code.
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22 | | (b) Any person who violates:
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23 | | (1) subsection (c) of Section 401 in any school, or any |
24 | | conveyance
owned, leased or contracted by a school to |
25 | | transport students to or from
school or a school related |
26 | | activity, or residential property owned, operated or
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| | HB5886 | - 4 - | LRB099 19181 RLC 43573 b |
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1 | | managed by a public housing agency or leased by a public |
2 | | housing agency as part
of a scattered site or mixed-income |
3 | | development, drug treatment center, or public park, on the |
4 | | real
property comprising any school or residential |
5 | | property owned, operated or
managed by a public housing |
6 | | agency or leased by a public housing agency as part
of a |
7 | | scattered site or mixed-income development, drug treatment |
8 | | center, or public park or
within 1,000 feet of the real |
9 | | property comprising any school or
residential property |
10 | | owned, operated or managed by a public housing
agency
or |
11 | | leased by a public housing agency as part of a scattered |
12 | | site or
mixed-income development, drug treatment center, |
13 | | or public park, on the real property comprising any
church, |
14 | | synagogue, or
other building, structure, or place used |
15 | | primarily for religious worship, or
within 1,000 feet of |
16 | | the real property comprising any church, synagogue, or
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17 | | other building, structure, or place used primarily for |
18 | | religious worship, on
the real property comprising any of |
19 | | the following places, buildings, or
structures used |
20 | | primarily for housing or providing space for activities for
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21 | | senior citizens: nursing homes, assisted-living centers, |
22 | | senior citizen housing
complexes, or senior centers |
23 | | oriented toward daytime activities, or within
1,000 feet of |
24 | | the real property comprising any of the following places,
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25 | | buildings, or structures used primarily for housing or |
26 | | providing space for
activities for senior citizens: |
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| | HB5886 | - 5 - | LRB099 19181 RLC 43573 b |
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1 | | nursing homes, assisted-living centers, senior
citizen |
2 | | housing complexes, or senior centers oriented toward |
3 | | daytime activities
is guilty of a Class X felony, the fine |
4 | | for which shall not
exceed $500,000;
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5 | | (2) subsection (d) of Section 401 in any school, or any |
6 | | conveyance
owned, leased or contracted by a school to |
7 | | transport students to or from
school or a school related |
8 | | activity, or residential property owned,
operated or |
9 | | managed by a public housing agency or leased by a public |
10 | | housing
agency as part of a scattered site or mixed-income |
11 | | development, drug treatment center, or public park,
on the |
12 | | real property comprising any school or residential |
13 | | property owned,
operated or managed by a public housing |
14 | | agency or leased by a public housing
agency as part of a |
15 | | scattered site or mixed-income development, drug treatment |
16 | | center, or public park
or within 1,000 feet of the real |
17 | | property comprising any school or residential
property |
18 | | owned, operated or managed by a public housing agency or |
19 | | leased by a
public housing agency as part of a scattered |
20 | | site or mixed-income development, drug treatment center,
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21 | | or public park, on the real property comprising any church, |
22 | | synagogue, or other
building, structure, or place used |
23 | | primarily for religious worship, or
within 1,000 feet of |
24 | | the real property comprising any church,
synagogue, or |
25 | | other building, structure, or place used primarily for |
26 | | religious
worship, on the real property comprising any of |
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| | HB5886 | - 6 - | LRB099 19181 RLC 43573 b |
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1 | | the following places,
buildings, or
structures used |
2 | | primarily for housing or providing space for activities for
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3 | | senior citizens: nursing homes, assisted-living centers, |
4 | | senior citizen housing
complexes, or senior centers |
5 | | oriented toward daytime activities, or within
1,000 feet of |
6 | | the real property comprising any of the following
places, |
7 | | buildings, or structures used primarily for housing or |
8 | | providing space
for activities for senior citizens: |
9 | | nursing homes, assisted-living centers,
senior citizen |
10 | | housing complexes, or senior centers oriented toward |
11 | | daytime
activities is guilty of a Class 1 felony, the fine |
12 | | for which shall not exceed
$250,000;
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13 | | (3) subsection (e) of Section 401 or Subsection (b) of |
14 | | Section 404 in
any school, or any conveyance owned, leased |
15 | | or contracted by a school to
transport students to or from |
16 | | school or a school related activity, or
residential |
17 | | property owned, operated or managed by a public housing |
18 | | agency or
leased by a public housing agency as part of a |
19 | | scattered site or mixed-income
development, drug treatment |
20 | | center, or public park, on the real property comprising any |
21 | | school or
residential property owned, operated or managed |
22 | | by a public housing agency or
leased by a public housing |
23 | | agency as part of a scattered site or mixed-income
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24 | | development, drug treatment center, or public park or |
25 | | within 1,000 feet of the real property
comprising
any |
26 | | school or residential property owned, operated or managed |
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| | HB5886 | - 7 - | LRB099 19181 RLC 43573 b |
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1 | | by a
public housing agency or leased by a public housing |
2 | | agency as part of a
scattered site or mixed-income |
3 | | development, drug treatment center, or public park, on the |
4 | | real
property comprising any church, synagogue, or other |
5 | | building, structure, or
place used primarily for religious |
6 | | worship, or within 1,000 feet of the real
property |
7 | | comprising any church, synagogue, or other building, |
8 | | structure, or
place used primarily for religious worship, |
9 | | on the real property comprising any
of the following |
10 | | places, buildings, or structures used primarily for |
11 | | housing or
providing space for activities for
senior |
12 | | citizens: nursing homes, assisted-living centers, senior |
13 | | citizen housing
complexes, or senior centers oriented |
14 | | toward daytime activities, or within
1,000 feet of the real |
15 | | property comprising any of the following
places, |
16 | | buildings, or structures used primarily for housing or |
17 | | providing space
for activities for senior citizens: |
18 | | nursing homes, assisted-living centers,
senior citizen |
19 | | housing complexes, or senior centers oriented toward |
20 | | daytime
activities is guilty of a Class 2 felony, the fine |
21 | | for
which shall not exceed $200,000;
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22 | | (4) subsection (f) of Section 401 in any school, or any |
23 | | conveyance
owned, leased or contracted by a school to |
24 | | transport students to or from
school or a school related |
25 | | activity, or residential property owned,
operated or |
26 | | managed by a public housing agency
or leased by a public |
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| | HB5886 | - 8 - | LRB099 19181 RLC 43573 b |
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1 | | housing agency as part of a scattered site or
mixed-income |
2 | | development, drug treatment center,
or public park, on the |
3 | | real
property comprising any school or residential |
4 | | property owned, operated or
managed by a public housing |
5 | | agency
or leased by a public housing agency as part of a |
6 | | scattered site or
mixed-income development, drug treatment |
7 | | center,
or public park or
within 1,000 feet of the real |
8 | | property comprising any school or residential
property |
9 | | owned, operated or managed by a public housing agency
or |
10 | | leased by a public housing agency as part of a scattered |
11 | | site or
mixed-income development, drug treatment center,
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12 | | or public
park, on the real property comprising any church, |
13 | | synagogue, or other
building,
structure, or place used |
14 | | primarily for religious worship, or
within 1,000 feet of |
15 | | the real property comprising any church,
synagogue, or |
16 | | other building, structure, or place used primarily for |
17 | | religious
worship, on the real property comprising any of |
18 | | the following places,
buildings, or
structures used |
19 | | primarily for housing or providing space for activities for
|
20 | | senior citizens: nursing homes, assisted-living centers, |
21 | | senior citizen housing
complexes, or senior centers |
22 | | oriented toward daytime activities, or within
1,000 feet of |
23 | | the real property comprising any of the following
places, |
24 | | buildings, or structures used primarily for housing or |
25 | | providing space
for activities for senior citizens: |
26 | | nursing homes, assisted-living centers,
senior citizen |
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| | HB5886 | - 9 - | LRB099 19181 RLC 43573 b |
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1 | | housing complexes, or senior centers oriented toward |
2 | | daytime
activities
is guilty of a Class 2 felony, the fine |
3 | | for which shall not exceed
$150,000;
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4 | | (5) subsection (g) of Section 401 in any school, or any |
5 | | conveyance
owned, leased or contracted by a school to |
6 | | transport students to or from
school or a school related |
7 | | activity, or residential property owned,
operated or |
8 | | managed by a public housing agency
or leased by a public |
9 | | housing agency as part of a scattered site or
mixed-income |
10 | | development, drug treatment center,
or public park, on the |
11 | | real
property comprising any school or residential |
12 | | property owned, operated or
managed by a public housing |
13 | | agency
or leased by a public housing agency as part of a |
14 | | scattered site or
mixed-income development, drug treatment |
15 | | center,
or public park or
within 1,000 feet of the real |
16 | | property comprising any school or residential
property |
17 | | owned, operated or managed by a public housing agency
or |
18 | | leased by a public housing agency as part of a scattered |
19 | | site or
mixed-income development, drug treatment center,
|
20 | | or public
park, on the real property comprising any church, |
21 | | synagogue, or other
building,
structure, or place used |
22 | | primarily for religious worship, or
within 1,000 feet of |
23 | | the real property comprising any church,
synagogue, or |
24 | | other building, structure, or place used primarily for |
25 | | religious
worship, on the real property comprising any of |
26 | | the following places,
buildings, or
structures used |
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| | HB5886 | - 10 - | LRB099 19181 RLC 43573 b |
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1 | | primarily for housing or providing space for activities for
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2 | | senior citizens: nursing homes, assisted-living centers, |
3 | | senior citizen housing
complexes, or senior centers |
4 | | oriented toward daytime activities, or within
1,000 feet of |
5 | | the real property comprising any of the following
places, |
6 | | buildings, or structures used primarily for housing or |
7 | | providing space
for activities for senior citizens: |
8 | | nursing homes, assisted-living centers,
senior citizen |
9 | | housing complexes, or senior centers oriented toward |
10 | | daytime
activities
is guilty of a Class 2 felony, the fine |
11 | | for which shall not exceed $125,000;
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12 | | (6) subsection (h) of Section 401 in any school, or any |
13 | | conveyance
owned, leased or contracted by a school to |
14 | | transport students to or from
school or a school related |
15 | | activity, or residential property owned,
operated or |
16 | | managed by a public housing agency
or leased by a public |
17 | | housing agency as part of a scattered site or
mixed-income |
18 | | development, drug treatment center,
or public park, on the |
19 | | real
property comprising any school or residential |
20 | | property owned, operated or
managed by a public housing |
21 | | agency
or leased by a public housing agency as part of a |
22 | | scattered site or
mixed-income development, drug treatment |
23 | | center,
or public park or within 1,000 feet of the real |
24 | | property comprising any school
or residential
property |
25 | | owned, operated or managed by a public housing agency
or |
26 | | leased by a public housing agency as part of a scattered |
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| | HB5886 | - 11 - | LRB099 19181 RLC 43573 b |
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1 | | site or
mixed-income development, drug treatment center,
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2 | | or public
park, on the real property comprising any church, |
3 | | synagogue, or other
building,
structure, or place used |
4 | | primarily for religious worship, or
within 1,000 feet of |
5 | | the real property comprising any church,
synagogue, or |
6 | | other building, structure, or place used primarily for |
7 | | religious
worship, on the real property comprising any of |
8 | | the following places,
buildings, or
structures used |
9 | | primarily for housing or providing space for activities for
|
10 | | senior citizens: nursing homes, assisted-living centers, |
11 | | senior citizen housing
complexes, or senior centers |
12 | | oriented toward daytime activities, or within
1,000 feet of |
13 | | the real property comprising any of the following
places, |
14 | | buildings, or structures used primarily for housing or |
15 | | providing space
for activities for senior citizens: |
16 | | nursing homes, assisted-living centers,
senior citizen |
17 | | housing complexes, or senior centers oriented toward |
18 | | daytime
activities
is guilty of a Class 2 felony, the fine |
19 | | for which shall not exceed
$100,000.
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20 | | As used in this subsection (b), "drug treatment center" |
21 | | means an establishment that provides comprehensive treatment |
22 | | and intervention treatment to adults or youth who suffer from |
23 | | the disease of addiction. |
24 | | (c) Regarding penalties prescribed in subsection
(b) for |
25 | | violations committed in a school or on or within
1,000 feet of |
26 | | school property, the time of day, time of year and whether
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