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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6112 Introduced 2/11/2016, by Rep. Avery Bourne SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/402 | from Ch. 56 1/2, par. 1402 |
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Amends the Illinois Controlled Substances Act. Increases the penalty for the possession of any amounts of cathinone and synthetic cathinone substances (commonly known as bath salts) from a Class 4 felony to a Class X felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB6112 | | LRB099 16791 RLC 41137 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 402 as follows:
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6 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
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7 | | Sec. 402. Possession of controlled or counterfeit |
8 | | substances. Except as otherwise authorized by this Act, it is |
9 | | unlawful for
any person knowingly to possess a controlled or |
10 | | counterfeit substance or controlled substance analog.
A |
11 | | violation of this Act with respect to each of the controlled |
12 | | substances
listed herein constitutes a single and separate |
13 | | violation of this Act. For purposes of this Section, |
14 | | "controlled substance analog" or "analog"
means a substance, |
15 | | other than a controlled substance, that has a chemical |
16 | | structure substantially similar to that of a controlled
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17 | | substance in Schedule I or II, or that was specifically |
18 | | designed to produce
an effect substantially similar to that of |
19 | | a controlled substance in Schedule
I or II. Examples of |
20 | | chemical classes in which controlled substance analogs
are |
21 | | found include, but are not limited to, the following: |
22 | | phenethylamines,
N-substituted piperidines, morphinans, |
23 | | ecgonines, quinazolinones, substituted
indoles, and |
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| | HB6112 | - 2 - | LRB099 16791 RLC 41137 b |
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1 | | arylcycloalkylamines. For purposes of this Act, a controlled
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2 | | substance analog shall be treated in the same manner as the |
3 | | controlled
substance to which it is substantially similar.
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4 | | (a-0.5) Any person who violates this Section with respect |
5 | | to the following
controlled or counterfeit substances |
6 | | regardless of amounts, notwithstanding any of the
provisions of |
7 | | subsections (c) and (d) to the
contrary, is guilty of a Class X |
8 | | felony: |
9 | | (1) any amount of 1-[(5-fluoropentyl)- |
10 | | 1H-indol-3-yl]-(2-iodophenyl)methanone |
11 | | (Some trade or other names: AM-694); |
12 | | (2) any amount of mecloqualone; |
13 | | (3) any amount of methaqualone; |
14 | | (4) any amount of gamma hydroxybutyric acid; |
15 | | (5) any amount of Fenethylline; |
16 | | (6) any amount of N-ethylamphetamine; |
17 | | (7) any amount of Aminorex (some other names: |
18 | | 2-amino-5-phenyl-2-oxazoline; aminoxaphen |
19 | | 4-5-dihydro-5-phenyl-2-oxazolamine) and its |
20 | | salts, optical isomers, and salts of optical isomers; |
21 | | (8) any amount of Methcathinone (some other names: |
22 | | 2-methylamino-1-phenylpropan-1-one; |
23 | | Ephedrone; 2-(methylamino)-propiophenone; |
24 | | alpha-(methylamino)propiophenone; N-methylcathinone; |
25 | | methycathinone; Monomethylpropion; UR 1431) and its |
26 | | salts, optical isomers, and salts of optical |
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| | HB6112 | - 3 - | LRB099 16791 RLC 41137 b |
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1 | | isomers); |
2 | | (9) any amount of Cathinone (some trade or other names: |
3 | | 2-aminopropiophenone; alpha-aminopropiophenone; |
4 | | 2-amino-1-phenyl-propanone; norephedrone); |
5 | | (10) any amount of N,N-dimethylamphetamine (also known |
6 | | as: N,N-alpha-trimethyl-benzeneethanamine; |
7 | | N,N-alpha-trimethylphenethylamine); |
8 | | (11) any amount of (+ or -) cis-4-methylaminorex |
9 | | ((+ or -) cis-4,5-dihydro-4-methyl-4-5 |
10 | | -phenyl-2-oxazolamine); |
11 | | (12) any amount of 3,4-Methylenedioxypyrovalerone (MDPV). |
12 | | (a) Any person who violates this Section with respect to |
13 | | the following
controlled or counterfeit substances and |
14 | | amounts, notwithstanding any of the
provisions of subsections |
15 | | (c) and (d) to the
contrary, is guilty of a Class 1 felony and |
16 | | shall, if sentenced to a term
of imprisonment, be sentenced as |
17 | | provided in this subsection (a) and fined
as provided in |
18 | | subsection (b):
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19 | | (1) (A) not less than 4 years and not more than 15 |
20 | | years with respect
to 15 grams or more but less than |
21 | | 100 grams of a substance containing heroin;
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22 | | (B) not less than 6 years and not more than 30 |
23 | | years with respect to 100
grams or more but less than |
24 | | 400 grams of a substance containing heroin;
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25 | | (C) not less than 8 years and not more than 40 |
26 | | years with respect to 400
grams or more but less than |
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| | HB6112 | - 4 - | LRB099 16791 RLC 41137 b |
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1 | | 900 grams of any substance containing heroin;
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2 | | (D) not less than 10 years and not more than 50 |
3 | | years with respect to
900 grams or more of any |
4 | | substance containing heroin;
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5 | | (2) (A) not less than 4 years and not more than 15 |
6 | | years with respect
to 15 grams or more but less than |
7 | | 100 grams of any substance containing
cocaine;
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8 | | (B) not less than 6 years and not more than 30 |
9 | | years with respect to 100
grams or more but less than |
10 | | 400 grams of any substance containing cocaine;
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11 | | (C) not less than 8 years and not more than 40 |
12 | | years with respect to 400
grams or more but less than |
13 | | 900 grams of any substance containing cocaine;
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14 | | (D) not less than 10 years and not more than 50 |
15 | | years with respect to
900 grams or more of any |
16 | | substance containing cocaine;
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17 | | (3) (A) not less than 4 years and not more than 15 |
18 | | years with respect
to 15 grams or more but less than |
19 | | 100 grams of any substance containing
morphine;
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20 | | (B) not less than 6 years and not more than 30 |
21 | | years with respect to 100
grams or more but less than |
22 | | 400 grams of any substance containing morphine;
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23 | | (C) not less than 6 years and not more than 40 |
24 | | years with respect to 400
grams or more but less than |
25 | | 900 grams of any substance containing morphine;
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26 | | (D) not less than 10 years and not more than 50 |
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| | HB6112 | - 5 - | LRB099 16791 RLC 41137 b |
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1 | | years with respect to
900 grams or more of any |
2 | | substance containing morphine;
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3 | | (4) 200 grams or more of any substance containing |
4 | | peyote;
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5 | | (5) 200 grams or more of any substance containing a |
6 | | derivative of
barbituric acid or any of the salts of a |
7 | | derivative of barbituric acid;
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8 | | (6) 200 grams or more of any substance containing |
9 | | amphetamine or any salt
of an optical isomer of |
10 | | amphetamine;
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11 | | (6.5) (blank);
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12 | | (7) (A) not less than 4 years and not more than 15 |
13 | | years with respect
to: (i) 15 grams or more but less |
14 | | than 100 grams of any substance containing
lysergic |
15 | | acid diethylamide (LSD), or an analog thereof, or (ii) |
16 | | 15 or
more objects or 15 or more segregated parts of an |
17 | | object or objects but
less than 200 objects or 200 |
18 | | segregated parts of an object or objects
containing in |
19 | | them or having upon them any amount of any substance
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20 | | containing lysergic acid diethylamide (LSD), or an |
21 | | analog thereof;
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22 | | (B) not less than 6 years and not more than 30 |
23 | | years with respect
to: (i) 100 grams or more but less |
24 | | than 400 grams of any substance
containing lysergic |
25 | | acid diethylamide (LSD), or an analog thereof, or (ii)
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26 | | 200 or more objects or 200 or more segregated parts of |
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| | HB6112 | - 6 - | LRB099 16791 RLC 41137 b |
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1 | | an object or objects
but less than 600 objects or less |
2 | | than 600 segregated parts of an object or
objects |
3 | | containing in them or having upon them any amount of |
4 | | any substance
containing lysergic acid diethylamide |
5 | | (LSD), or an analog thereof;
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6 | | (C) not less than 8 years and not more than 40 |
7 | | years with respect
to: (i) 400 grams or more but less |
8 | | than 900 grams of any substance
containing lysergic |
9 | | acid diethylamide (LSD), or an analog thereof, or (ii)
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10 | | 600 or more objects or 600 or more segregated parts of |
11 | | an object or objects
but less than 1500 objects or 1500 |
12 | | segregated parts of an object or objects
containing in |
13 | | them or having upon them any amount of any substance
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14 | | containing lysergic acid diethylamide (LSD), or an |
15 | | analog thereof;
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16 | | (D) not less than 10 years and not more than 50 |
17 | | years with respect
to: (i) 900 grams or more of any |
18 | | substance containing lysergic acid
diethylamide (LSD), |
19 | | or an analog thereof, or (ii) 1500 or more objects or
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20 | | 1500 or more segregated parts of an object or objects |
21 | | containing in them or
having upon them any amount of a |
22 | | substance containing lysergic acid
diethylamide (LSD), |
23 | | or an analog thereof;
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24 | | (7.5) (A) not less than 4 years and not more than 15 |
25 | | years with respect
to: (i) 15
grams or more but
less |
26 | | than 100 grams of any substance listed in paragraph |
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| | HB6112 | - 7 - | LRB099 16791 RLC 41137 b |
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1 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), |
2 | | (20.1), (21), (25), or (26) of subsection (d) of |
3 | | Section 204, or an
analog or derivative
thereof, or |
4 | | (ii) 15 or more pills, tablets, caplets, capsules, or |
5 | | objects but
less than 200 pills,
tablets, caplets, |
6 | | capsules, or objects containing in them or having upon |
7 | | them
any amount of any
substance listed in paragraph |
8 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
9 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
10 | | Section 204, or an analog or derivative thereof;
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11 | | (B) not less than 6 years and not more than 30 |
12 | | years with respect to: (i)
100
grams or more but
less |
13 | | than 400 grams of any substance listed in paragraph |
14 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
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15 | | (20.1), (21), (25), or (26) of subsection (d) of |
16 | | Section 204, or an analog or
derivative thereof, or
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17 | | (ii) 200 or more pills, tablets, caplets, capsules, or |
18 | | objects but less than
600
pills, tablets,
caplets, |
19 | | capsules, or objects containing in them or having upon |
20 | | them any amount
of any
substance
listed in paragraph |
21 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
22 | | (20.1), (21),
(25), or (26) of subsection
(d) of |
23 | | Section 204, or an analog or derivative thereof;
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24 | | (C) not less than 8 years and not more than 40 |
25 | | years with respect to: (i)
400
grams or more but
less |
26 | | than 900 grams of any substance listed in paragraph |
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| | HB6112 | - 8 - | LRB099 16791 RLC 41137 b |
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1 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
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2 | | (20.1), (21), (25), or (26) of subsection (d) of |
3 | | Section 204, or an analog or
derivative thereof,
or |
4 | | (ii) 600 or more pills, tablets, caplets, capsules, or |
5 | | objects but less than
1,500 pills, tablets,
caplets, |
6 | | capsules, or objects containing in them or having upon |
7 | | them any amount
of any
substance listed in paragraph |
8 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
9 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
10 | | Section 204, or an analog or derivative thereof;
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11 | | (D) not less than 10 years and not more than 50 |
12 | | years with respect to:
(i)
900 grams or more of
any |
13 | | substance listed in paragraph (1), (2), (2.1), (2.2), |
14 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of |
15 | | subsection (d) of Section 204, or an analog or |
16 | | derivative thereof, or (ii)
1,500 or more pills,
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17 | | tablets, caplets, capsules, or objects containing in |
18 | | them or having upon them
any amount of a
substance |
19 | | listed in paragraph (1), (2), (2.1), (2.2), (3), |
20 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
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21 | | subsection (d) of Section 204, or an analog or |
22 | | derivative thereof;
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23 | | (8) 30 grams or more of any substance containing |
24 | | pentazocine or any of
the salts, isomers and salts of |
25 | | isomers of pentazocine, or an analog thereof;
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26 | | (9) 30 grams or more of any substance containing |
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| | HB6112 | - 9 - | LRB099 16791 RLC 41137 b |
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1 | | methaqualone or any
of the salts, isomers and salts of |
2 | | isomers of methaqualone;
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3 | | (10) 30 grams or more of any substance containing |
4 | | phencyclidine or any
of the salts, isomers and salts of |
5 | | isomers of phencyclidine (PCP);
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6 | | (10.5) 30 grams or more of any substance containing |
7 | | ketamine or any of
the salts, isomers and salts of isomers |
8 | | of ketamine;
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9 | | (11) 200 grams or more of any substance containing any |
10 | | substance
classified as a narcotic drug in Schedules I or |
11 | | II, or an analog thereof, which is not otherwise
included |
12 | | in this subsection.
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13 | | (b) Any person sentenced with respect to violations of |
14 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
15 | | involving 100
grams or more of the
controlled substance named |
16 | | therein, may in addition to the penalties
provided therein, be |
17 | | fined an amount not to exceed $200,000 or the full
street value |
18 | | of the controlled or counterfeit substances, whichever is
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19 | | greater. The term "street value" shall have the meaning
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20 | | ascribed in Section 110-5 of the Code of Criminal Procedure of |
21 | | 1963. Any
person sentenced with respect to any other provision |
22 | | of subsection (a), may
in addition to the penalties provided |
23 | | therein, be fined an amount not to
exceed $200,000.
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24 | | (c) Any person who violates this Section with regard to an |
25 | | amount
of a controlled substance other than methamphetamine or |
26 | | counterfeit substance not set forth in
subsection (a-0.5), (a) , |