Full Text of SB2295 99th General Assembly
SB2295sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 3/9/2016
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| 1 | | AMENDMENT TO SENATE BILL 2295
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2295 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.875 as follows: | 6 | | (30 ILCS 105/5.875 new) | 7 | | Sec. 5.875. The Justice Reinvestment Fund. | 8 | | Section 10. The Criminal Code of 2012 is amended by | 9 | | changing Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 as | 10 | | follows:
| 11 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 12 | | Sec. 16-1. Theft.
| 13 | | (a) A person commits theft when he or she knowingly:
| 14 | | (1) Obtains or exerts unauthorized control over |
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| 1 | | property of the
owner; or
| 2 | | (2) Obtains by deception control over property of the | 3 | | owner; or
| 4 | | (3) Obtains by threat control over property of the | 5 | | owner; or
| 6 | | (4) Obtains control over stolen property knowing the | 7 | | property to
have been stolen or under such circumstances as | 8 | | would
reasonably induce him or her to believe that the | 9 | | property was stolen; or
| 10 | | (5) Obtains or exerts control over property in the | 11 | | custody of any law
enforcement agency which any law | 12 | | enforcement officer or any individual acting in behalf of a | 13 | | law enforcement agency explicitly represents to the person | 14 | | as being stolen or represents to the person such | 15 | | circumstances as would reasonably induce the person to | 16 | | believe that the property was stolen, and
| 17 | | (A) Intends to deprive the owner permanently of the | 18 | | use or
benefit of the property; or
| 19 | | (B) Knowingly uses, conceals or abandons the | 20 | | property in such
manner as to deprive the owner | 21 | | permanently of such use or benefit; or
| 22 | | (C) Uses, conceals, or abandons the property | 23 | | knowing such use,
concealment or abandonment probably | 24 | | will deprive the owner permanently
of such use or | 25 | | benefit.
| 26 | | (b) Sentence.
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| 1 | | (1) Theft of property not from the person and
not | 2 | | exceeding $2,500 $500 in value is a Class A misdemeanor.
| 3 | | (1.1) (Blank). Theft of property not from the person | 4 | | and
not exceeding $500 in value is a Class 4 felony if the | 5 | | theft was committed in a
school or place of worship or if | 6 | | the theft was of governmental property.
| 7 | | (2) (Blank). A person who has been convicted of theft | 8 | | of property not from the
person and not exceeding
$500 in | 9 | | value who has been
previously convicted of any type of | 10 | | theft, robbery, armed robbery,
burglary, residential | 11 | | burglary, possession of burglary tools, home
invasion, | 12 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 13 | | 4-103.3
of the Illinois Vehicle Code relating to the | 14 | | possession of a stolen or
converted motor vehicle, or a | 15 | | violation of Section 17-36 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, or Section 8 of the Illinois | 17 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 18 | | felony.
| 19 | | (3) (Blank).
| 20 | | (4) Theft of property from the person not exceeding | 21 | | $2,500 $500 in value , or
theft of
property exceeding $500 | 22 | | and not exceeding $10,000 in value, is a
Class 3 felony.
| 23 | | (4.1) (Blank). Theft of property from the person not | 24 | | exceeding $500 in value, or
theft of property exceeding | 25 | | $500 and not exceeding $10,000 in value, is a Class
2 | 26 | | felony if the theft was committed in a school or place of |
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| 1 | | worship or if the theft was of governmental property.
| 2 | | (5) Theft of property exceeding $10,000 and not | 3 | | exceeding
$100,000 in value is a Class 2 felony.
| 4 | | (5.1) (Blank). Theft of property exceeding $10,000 and | 5 | | not exceeding $100,000 in
value is a Class 1 felony
if the | 6 | | theft was committed in a school or place of worship or if | 7 | | the theft was of governmental property.
| 8 | | (6) Theft of property exceeding $100,000 and not | 9 | | exceeding $500,000 in
value is a Class 1 felony.
| 10 | | (6.1) (Blank). Theft of property exceeding $100,000 in | 11 | | value is a Class X felony
if the theft was committed in a | 12 | | school or place of worship or if the theft was of | 13 | | governmental property.
| 14 | | (6.2) Theft of property exceeding $500,000 and not | 15 | | exceeding $1,000,000 in value is a Class 1
| 16 | | non-probationable
felony.
| 17 | | (6.3) Theft of property exceeding $1,000,000 in value | 18 | | is a Class X felony.
| 19 | | (7) Theft by deception, as described by paragraph (2) | 20 | | of
subsection (a) of
this Section, in which the offender | 21 | | obtained money or property valued at
$5,000 or more from a | 22 | | victim 60 years of age or older is a Class 2 felony.
| 23 | | (8) Theft by deception, as described by paragraph (2) | 24 | | of
subsection (a) of
this Section, in which the offender | 25 | | falsely poses as a landlord or agent or employee of the | 26 | | landlord and obtains a rent payment or a security deposit |
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| 1 | | from a tenant is a Class 3 felony if the rent payment or | 2 | | security deposit obtained does not exceed $500. | 3 | | (9) Theft by deception, as described by paragraph (2) | 4 | | of
subsection (a) of
this Section, in which the offender | 5 | | falsely poses as a landlord or agent or employee of the | 6 | | landlord and obtains a rent payment or a security deposit | 7 | | from a tenant is a Class 2 felony if the rent payment or | 8 | | security deposit obtained exceeds $500 and does not exceed | 9 | | $10,000. | 10 | | (10) Theft by deception, as described by paragraph (2) | 11 | | of
subsection (a) of
this Section, in which the offender | 12 | | falsely poses as a landlord or agent or employee of the | 13 | | landlord and obtains a rent payment or a security deposit | 14 | | from a tenant is a Class 1 felony if the rent payment or | 15 | | security deposit obtained exceeds $10,000 and does not | 16 | | exceed $100,000. | 17 | | (11) Theft by deception, as described by paragraph (2) | 18 | | of
subsection (a) of
this Section, in which the offender | 19 | | falsely poses as a landlord or agent or employee of the | 20 | | landlord and obtains a rent payment or a security deposit | 21 | | from a tenant is a Class X felony if the rent payment or | 22 | | security deposit obtained exceeds $100,000. | 23 | | (c) When a charge of theft of property exceeding a | 24 | | specified value
is brought, the value of the property involved | 25 | | is an element of the offense
to be resolved by the trier of | 26 | | fact as either exceeding or not exceeding
the specified value.
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| 1 | | (d) Theft by lessee; permissive inference. The trier of | 2 | | fact may infer evidence that a person intends to deprive the | 3 | | owner permanently of the use or benefit of the property (1) if | 4 | | a
lessee of the personal property of another fails to return it | 5 | | to the
owner within 10 days after written demand from the owner | 6 | | for its
return or (2) if a lessee of the personal property of | 7 | | another fails to return
it to the owner within 24 hours after | 8 | | written demand from the owner for its
return and the lessee had | 9 | | presented identification to the owner that contained
a | 10 | | materially fictitious name, address, or telephone number. A | 11 | | notice in
writing, given after the expiration of the leasing | 12 | | agreement, addressed and
mailed, by registered mail, to the | 13 | | lessee at the address given by him and shown
on the leasing | 14 | | agreement shall constitute proper demand. | 15 | | (e) Permissive inference; evidence of intent that a person | 16 | | obtains by deception control over property. The trier of fact | 17 | | may infer that a person
"knowingly obtains by deception control | 18 | | over property of the owner" when he or she
fails to return, | 19 | | within 45 days after written demand from the owner, the
| 20 | | downpayment and any additional payments accepted under a | 21 | | promise, oral or
in writing, to perform services for the owner | 22 | | for consideration of $3,000
or more, and the promisor knowingly | 23 | | without good cause failed to
substantially perform pursuant to | 24 | | the agreement after taking a down payment
of 10% or more of the | 25 | | agreed upon consideration.
This provision shall not apply where | 26 | | the owner initiated the suspension of
performance under the |
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| 1 | | agreement, or where the promisor responds to the
notice within | 2 | | the 45-day notice period. A notice in writing, addressed and
| 3 | | mailed, by registered mail, to the promisor at the last known | 4 | | address of
the promisor, shall constitute proper demand. | 5 | | (f) Offender's interest in the property. | 6 | | (1) It is no defense to a charge of theft of property | 7 | | that the offender
has an interest therein, when the owner | 8 | | also has an interest to which the
offender is not entitled. | 9 | | (2) Where the property involved is that of the | 10 | | offender's spouse, no
prosecution for theft may be | 11 | | maintained unless the parties were not living
together as | 12 | | man and wife and were living in separate abodes at the time | 13 | | of
the alleged theft. | 14 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 15 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 16 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | 17 | | eff. 1-25-13.) | 18 | | (720 ILCS 5/16-25) | 19 | | Sec. 16-25. Retail theft. | 20 | | (a) A person commits retail theft when he or she knowingly:
| 21 | | (1) Takes possession of, carries away, transfers or | 22 | | causes to be
carried away or transferred any merchandise | 23 | | displayed, held, stored or
offered for sale in a retail | 24 | | mercantile establishment with the intention
of retaining | 25 | | such merchandise or with the intention of depriving the
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| 1 | | merchant permanently of the possession, use or benefit of | 2 | | such
merchandise without paying the full retail value of | 3 | | such merchandise; or
| 4 | | (2) Alters, transfers, or removes any label, price tag, | 5 | | marking,
indicia of value or any other markings which aid | 6 | | in determining value
affixed to any merchandise displayed, | 7 | | held, stored or offered for sale
in a retail mercantile | 8 | | establishment and attempts to purchase such
merchandise at | 9 | | less than the full
retail value with the intention of | 10 | | depriving the merchant of the full
retail value of such | 11 | | merchandise; or
| 12 | | (3) Transfers any merchandise displayed, held, stored | 13 | | or offered for
sale in a retail mercantile establishment | 14 | | from the container in or on
which such merchandise is | 15 | | displayed to any other container with the
intention of | 16 | | depriving the merchant of the full retail value of such
| 17 | | merchandise; or
| 18 | | (4) Under-rings with the intention of depriving the | 19 | | merchant of the
full retail value of the merchandise; or
| 20 | | (5) Removes a shopping cart from the premises of a | 21 | | retail mercantile
establishment without the consent of the | 22 | | merchant given at the time of
such removal with the | 23 | | intention of depriving the merchant permanently of
the | 24 | | possession, use or benefit of such cart; or
| 25 | | (6) Represents to a merchant that he, she, or another | 26 | | is the lawful owner
of property, knowing that such |
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| 1 | | representation is false, and conveys or attempts
to convey | 2 | | that property to a merchant who is the owner of the | 3 | | property in
exchange for money, merchandise credit or other | 4 | | property of the merchant; or
| 5 | | (7) Uses or possesses any theft detection shielding | 6 | | device or theft
detection device remover with the intention | 7 | | of using such device to deprive
the merchant permanently of | 8 | | the possession, use or benefit of any
merchandise | 9 | | displayed, held, stored or offered for sale in a retail
| 10 | | mercantile establishment without paying the full retail | 11 | | value of such
merchandise; or
| 12 | | (8) Obtains or exerts unauthorized control over | 13 | | property of the owner
and thereby intends to deprive the | 14 | | owner permanently of the use or benefit
of the property | 15 | | when a lessee of the personal property of another fails to
| 16 | | return it to the owner, or if the lessee fails to pay the | 17 | | full retail value
of such property to the lessor in | 18 | | satisfaction of any contractual provision
requiring such, | 19 | | within 10 days after written demand from the owner for its
| 20 | | return. A notice in writing, given after the expiration of | 21 | | the leasing
agreement, by registered mail, to the lessee at | 22 | | the address given by the
lessee and shown on the leasing | 23 | | agreement shall constitute proper demand. | 24 | | (b) Theft by emergency exit. A person commits theft by | 25 | | emergency exit when he or she commits a retail theft as defined | 26 | | in subdivisions (a)(1) through (a)(8) of this Section and to |
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| 1 | | facilitate the theft he or she leaves the retail mercantile | 2 | | establishment by use of a designated emergency exit. | 3 | | (c) Permissive inference. If any person:
| 4 | | (1) conceals upon his or her person or among his or her | 5 | | belongings unpurchased
merchandise displayed, held, stored | 6 | | or offered for sale in a retail
mercantile establishment; | 7 | | and
| 8 | | (2) removes that merchandise beyond the last known | 9 | | station for
receiving payments for that merchandise in that | 10 | | retail mercantile
establishment, | 11 | | then the trier of fact may infer that the person possessed, | 12 | | carried
away or transferred such merchandise with the intention | 13 | | of retaining it
or with the intention of depriving the merchant | 14 | | permanently of the
possession, use or benefit of such | 15 | | merchandise without paying the full
retail value of such | 16 | | merchandise. | 17 | | To "conceal" merchandise means that, although there may be | 18 | | some notice of its presence, that merchandise is not visible | 19 | | through ordinary observation. | 20 | | (d) Venue. Multiple thefts committed by the same person as | 21 | | part of a continuing course of conduct in different | 22 | | jurisdictions that have been aggregated in one jurisdiction may | 23 | | be prosecuted in any jurisdiction in which one or more of the | 24 | | thefts occurred. | 25 | | (e) For the purposes of this Section, "theft detection | 26 | | shielding device" means any laminated or coated bag or device |
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| 1 | | designed and intended to shield merchandise from detection by | 2 | | an electronic or magnetic theft alarm sensor. | 3 | | (f) Sentence. | 4 | | (1) A violation of any of the subdivisions (a)(1) | 5 | | through (a)(6) and (a)(8) of this Section, the full retail
| 6 | | value of which does not exceed $2,500 $300 for property | 7 | | other than motor fuel or $150 for motor fuel , is a Class A | 8 | | misdemeanor. A violation of subdivision (a)(7) of this | 9 | | Section is a Class A misdemeanor for a first offense and a | 10 | | Class 4 felony for a second or subsequent offense. Theft by | 11 | | emergency exit of property, the full retail
value of which | 12 | | does not exceed $300, is a Class 4 felony.
| 13 | | (2) (Blank). A person who has been convicted of retail | 14 | | theft of property under any of subdivisions (a)(1) through | 15 | | (a)(6) and (a)(8) of this Section, the
full retail value of | 16 | | which does not exceed $300 for property other than motor | 17 | | fuel or $150 for motor fuel, and who has been
previously | 18 | | convicted of any type of theft, robbery, armed robbery,
| 19 | | burglary, residential burglary, possession of burglary | 20 | | tools, home
invasion, unlawful use of a credit card, or | 21 | | forgery is guilty of a Class 4 felony. A person who has | 22 | | been convicted of theft by emergency exit of property, the
| 23 | | full retail value of which does not exceed $300, and who | 24 | | has been
previously convicted of any type of theft, | 25 | | robbery, armed robbery,
burglary, residential burglary, | 26 | | possession of burglary tools, home
invasion, unlawful use |
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| 1 | | of a credit card, or forgery is guilty of a Class 3 felony.
| 2 | | (3) Any retail theft of property under any of | 3 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this | 4 | | Section, the full retail value of
which exceeds $2,500 $300 | 5 | | for property other than motor fuel or $150 for motor fuel | 6 | | in a single transaction, or in separate transactions | 7 | | committed by the same person as part of a continuing course | 8 | | of conduct from one or more mercantile establishments over | 9 | | a period of one year, is a Class 3 felony.
Theft by | 10 | | emergency exit of property, the full retail value of
which | 11 | | exceeds $300 in a single transaction, or in separate | 12 | | transactions committed by the same person as part of a | 13 | | continuing course of conduct from one or more mercantile | 14 | | establishments over a period of one year, is a Class 2 | 15 | | felony. When a charge of retail theft of property or theft | 16 | | by emergency exit of property , the full value of which
| 17 | | exceeds $2,500 $300 , is brought, the value of the property | 18 | | involved is an element
of the offense to be resolved by the | 19 | | trier of fact as either exceeding or
not exceeding $2,500 | 20 | | $300 .
| 21 | | (Source: P.A. 97-597, eff. 1-1-12.) | 22 | | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | 23 | | Sec. 17-1. Deceptive practices.
| 24 | | (A) General deception. |
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| 1 | | A person commits a deceptive practice when,
with intent to | 2 | | defraud, the person does any of the following: | 3 | | (1) He or she knowingly causes another, by deception or | 4 | | threat,
to execute
a document disposing of property or a | 5 | | document by which a pecuniary obligation
is incurred. | 6 | | (2) Being an officer, manager or other person | 7 | | participating in the
direction of a financial institution, | 8 | | he or she knowingly receives or
permits the receipt of a | 9 | | deposit or other investment, knowing that the
institution | 10 | | is insolvent. | 11 | | (3) He or she knowingly makes a false or
deceptive | 12 | | statement addressed to the public for the purpose of | 13 | | promoting
the sale of property or services. | 14 | | (B) Bad checks. | 15 | | A person commits a deceptive practice when: | 16 | | (1) With intent to obtain control over property or to | 17 | | pay for
property, labor or services of another, or in | 18 | | satisfaction of an obligation
for payment of tax under the | 19 | | Retailers' Occupation Tax Act or any other tax
due to the | 20 | | State of Illinois, he or she issues or delivers a check or
| 21 | | other order upon a real or fictitious depository for the | 22 | | payment of money,
knowing that it will not be paid by the | 23 | | depository. The trier of fact may infer that the defendant | 24 | | knows that the check or other order will not be paid by the | 25 | | depository and that the defendant has acted with intent to |
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| 1 | | defraud when the defendant fails to have
sufficient funds | 2 | | or credit with the depository when the check or other order
| 3 | | is issued or delivered, or when such check or other order | 4 | | is presented for
payment and dishonored on each of 2 | 5 | | occasions at least 7 days apart. In this
paragraph (B)(1), | 6 | | "property" includes rental property (real or personal). | 7 | | (2) He or she issues or delivers a check or other order | 8 | | upon a real
or fictitious depository in an amount exceeding | 9 | | $150 in payment of an amount
owed on any credit transaction | 10 | | for property, labor or services, or in
payment of the | 11 | | entire amount owed on any credit transaction for property,
| 12 | | labor or services, knowing that it will not be paid by the | 13 | | depository, and
thereafter fails to provide funds or credit | 14 | | with the depository in the face
amount of the check or | 15 | | order within 7 days of receiving actual
notice from the | 16 | | depository or payee of the dishonor of the check or order.
| 17 | | (C) Bank-related fraud. | 18 | | (1) False statement. | 19 | | A person commits false statement bank fraud if he or she, | 20 | | with intent to defraud, makes or causes to be
made any false | 21 | | statement in writing in order to obtain an account with
a bank | 22 | | or other financial institution, or to obtain credit from a bank | 23 | | or
other financial institution, or to obtain services from a | 24 | | currency exchange, knowing such writing to be false, and with
| 25 | | the intent that it be relied upon. |
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| 1 | | For purposes of this subsection (C), a false statement | 2 | | means any false
statement representing identity, address, or | 3 | | employment, or the identity,
address, or employment of any | 4 | | person, firm, or corporation. | 5 | | (2) Possession of stolen or fraudulently obtained checks. | 6 | | A person commits possession of stolen or fraudulently | 7 | | obtained checks when he or she possesses, with the intent to | 8 | | obtain access to
funds of another person held in a real or | 9 | | fictitious deposit account at a
financial institution, makes a | 10 | | false statement or a misrepresentation to the
financial | 11 | | institution, or possesses, transfers, negotiates, or presents | 12 | | for
payment a check, draft, or other item purported to direct | 13 | | the financial
institution to withdraw or pay funds out of the | 14 | | account holder's deposit
account with knowledge that such | 15 | | possession, transfer, negotiation, or
presentment is not | 16 | | authorized by the account holder or the issuing financial
| 17 | | institution. A person shall be deemed to have been
authorized | 18 | | to possess, transfer, negotiate, or present for payment such | 19 | | item
if the person was otherwise entitled by law to withdraw or | 20 | | recover funds
from the account in question and followed the | 21 | | requisite procedures under
the law. If the account holder, upon | 22 | | discovery of the
withdrawal or payment, claims that the | 23 | | withdrawal or payment was not
authorized, the financial | 24 | | institution may require the account holder to
submit an | 25 | | affidavit to that effect on a form satisfactory to the | 26 | | financial
institution before the financial institution may be |
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| 1 | | required to credit the
account in an amount equal to the amount | 2 | | or amounts that were withdrawn
or paid without authorization. | 3 | | (3) Possession of implements of check fraud. | 4 | | A person commits possession of implements of check fraud | 5 | | when he or she possesses, with the intent to defraud and | 6 | | without the
authority of the account holder or financial | 7 | | institution, any check
imprinter, signature imprinter, or | 8 | | "certified" stamp. | 9 | | (D) Sentence. | 10 | | (1) The commission of a deceptive practice in violation | 11 | | of this Section, except as otherwise provided by this | 12 | | subsection (D), is a Class A misdemeanor. | 13 | | (2) For purposes of paragraphs (A)(1) and (B)(1): | 14 | | (a) The commission of a deceptive practice in | 15 | | violation of paragraph (A)(1) or (B)(1), when the value | 16 | | of the property so obtained, in a single transaction or | 17 | | in separate transactions within a 90-day period, | 18 | | exceeds $2,500 $150 , is a Class 4 felony. In the case | 19 | | of a prosecution for separate transactions totaling | 20 | | more than $2,500 $150 within a 90-day period, those | 21 | | separate transactions shall be alleged in a single | 22 | | charge and prosecuted in a single prosecution. | 23 | | (b) (Blank). The commission of a deceptive | 24 | | practice in violation of paragraph (B)(1) a second or | 25 | | subsequent time is a Class 4 felony. |
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| 1 | | (3) (Blank). For purposes of paragraph (C)(2), a person | 2 | | who, within any 12-month period, violates paragraph (C)(2) | 3 | | with respect to 3 or more checks or orders for the payment | 4 | | of money at the same time or consecutively, each the | 5 | | property of a different account holder or financial | 6 | | institution, is guilty of a Class 4 felony. | 7 | | (4) (Blank). For purposes of paragraph (C)(3), a person | 8 | | who within any 12-month period violates paragraph (C)(3) as | 9 | | to possession of 3 or more such devices at the same time or | 10 | | consecutively is guilty of a Class 4 felony. | 11 | | (E) Civil liability. A person who issues a check or order | 12 | | to a payee in violation of paragraph (B)(1) and who fails to | 13 | | pay the amount of the check or order to the payee within 30 | 14 | | days following either delivery and acceptance by the addressee | 15 | | of a written demand both by certified mail and by first class | 16 | | mail to the person's last known address or attempted delivery | 17 | | of a written demand sent both by certified mail and by first | 18 | | class mail to the person's last known address and the demand by | 19 | | certified mail is returned to the sender with a notation that | 20 | | delivery was refused or unclaimed shall be liable to the payee | 21 | | or a person subrogated to the rights of the payee for, in | 22 | | addition to the amount owing upon such check or order, damages | 23 | | of treble the amount so owing, but in no case less than $100 | 24 | | nor more than $1,500, plus attorney's fees and court costs. An | 25 | | action under this subsection (E) may be brought in small claims |
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| 1 | | court or in any other appropriate court. As part of the written | 2 | | demand required by this subsection (E), the plaintiff shall | 3 | | provide written notice to the defendant of the fact that prior | 4 | | to the hearing of any action under this subsection (E), the | 5 | | defendant may tender to the plaintiff and the plaintiff shall | 6 | | accept, as satisfaction of the claim, an amount of money equal | 7 | | to the sum of the amount of the check and the incurred court | 8 | | costs, including the cost of service of process, and attorney's | 9 | | fees. | 10 | | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .) | 11 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 12 | | Sec. 21-1. Criminal damage to property.
| 13 | | (a) A person commits criminal damage to property when he or | 14 | | she:
| 15 | | (1) knowingly damages any property of another;
| 16 | | (2) recklessly by means of fire or explosive damages | 17 | | property of
another;
| 18 | | (3) knowingly starts a fire on the land of another;
| 19 | | (4) knowingly injures a domestic animal of another | 20 | | without his
or her consent;
| 21 | | (5) knowingly deposits on the land or in the building | 22 | | of another any stink bomb or any offensive smelling | 23 | | compound
and thereby intends to interfere with the use by | 24 | | another of the land or
building;
| 25 | | (6) knowingly damages any property, other than as |
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| 1 | | described in paragraph (2) of subsection (a) of
Section | 2 | | 20-1, with intent to defraud an insurer;
| 3 | | (7) knowingly shoots a firearm at any portion of a | 4 | | railroad train; | 5 | | (8) knowingly, without proper authorization, cuts, | 6 | | injures, damages, defaces, destroys, or tampers with any | 7 | | fire hydrant or any public or private fire fighting | 8 | | equipment, or any apparatus appertaining to fire fighting | 9 | | equipment; or | 10 | | (9) intentionally, without proper authorization, opens | 11 | | any fire hydrant.
| 12 | | (b) When the charge of criminal damage to property | 13 | | exceeding a specified
value is brought, the extent of the | 14 | | damage is an element of the offense to
be resolved by the trier | 15 | | of fact as either exceeding or not exceeding
the specified | 16 | | value.
| 17 | | (c) It is an affirmative defense to a violation of | 18 | | paragraph (1), (3), or (5) of subsection (a) of this Section | 19 | | that the owner of the property or land damaged consented to the | 20 | | damage.
| 21 | | (d) Sentence. | 22 | | (1) A violation of subsection (a) shall have the | 23 | | following penalties: | 24 | | (A) A violation of paragraph (8) or (9) is a Class | 25 | | B misdemeanor. | 26 | | (B) A violation of paragraph (1), (2), (3), (5), or |
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| 1 | | (6) is a Class
A misdemeanor when the damage to | 2 | | property does not exceed $2,500 $300 . | 3 | |
(C) (Blank). A violation of paragraph (1), (2), | 4 | | (3), (5), or (6) is a Class 4
felony when the damage to
| 5 | | property does not exceed $300 and the damage occurs to | 6 | | property of a school
or
place of worship or to farm | 7 | | equipment or immovable items of agricultural
| 8 | | production, including
but not
limited to grain | 9 | | elevators, grain bins, and barns or property which | 10 | | memorializes or honors an individual or group of police | 11 | | officers, fire fighters, members of the United States | 12 | | Armed Forces, National Guard, or veterans. | 13 | | (D) A violation of paragraph (4) is a Class A | 14 | | misdemeanor 4
felony when the
damage to property does | 15 | | not exceed $10,000. | 16 | | (E) A violation of paragraph (7) is a Class A | 17 | | misdemeanor 4 felony . | 18 | | (F) A violation of paragraph (1), (2), (3), (5) or | 19 | | (6) is a Class 4 felony when the damage to property
| 20 | | exceeds $2,500 $300 but does not exceed $10,000. | 21 | | (G) (Blank). A violation of paragraphs (1) through | 22 | | (6) is a Class 3 felony when the damage to property | 23 | | exceeds $300 but
does not exceed $10,000 and the damage | 24 | | occurs to property of a school
or place
of worship or | 25 | | to farm equipment or immovable items of agricultural
| 26 | | production,
including
but not
limited to grain |
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| 1 | | elevators, grain bins, and barns or property which | 2 | | memorializes or honors an individual or group of police | 3 | | officers, fire fighters, members of the United States | 4 | | Armed Forces, National Guard, or veterans. | 5 | | (H) A violation of paragraphs (1) through (6) is a | 6 | | Class 3 felony when the damage to property
exceeds | 7 | | $10,000 but does not exceed $100,000. | 8 | | (I) (Blank). A violation of paragraphs (1) through | 9 | | (6) is a Class 2 felony when the damage to property | 10 | | exceeds $10,000
but does not exceed $100,000 and the | 11 | | damage occurs to property of a school
or
place of | 12 | | worship or to farm equipment or immovable items
of | 13 | | agricultural production, including
but not
limited to | 14 | | grain elevators, grain bins, and barns or property | 15 | | which memorializes or honors an individual or group of | 16 | | police officers, fire fighters, members of the United | 17 | | States Armed Forces, National Guard, or veterans. | 18 | |
(J) A violation of paragraphs (1) through (6) is a | 19 | | Class 2 felony when the damage to property exceeds
| 20 | | $100,000. A violation of paragraphs (1) through (6) is | 21 | | a Class 1 felony when the damage to property exceeds | 22 | | $100,000 and the damage occurs to property of
a school | 23 | | or place of worship or to farm equipment or immovable | 24 | | items
of agricultural production, including
but not
| 25 | | limited to grain elevators, grain bins, and barns or | 26 | | property which memorializes or honors an individual or |
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| 1 | | group of police officers, fire fighters, members of the | 2 | | United States Armed Forces, National Guard, or | 3 | | veterans.
| 4 | | (2) When the damage to property exceeds $10,000,
the
| 5 | | court shall impose
upon the offender a fine equal to the | 6 | | value of the damages to the property.
| 7 | | (3) In addition to any other sentence that may be | 8 | | imposed, a court shall
order any person convicted of | 9 | | criminal damage to property to perform community
service | 10 | | for not less than 30 and not more than 120 hours, if | 11 | | community service
is available in the jurisdiction
and is | 12 | | funded and approved by the county board of the county where | 13 | | the
offense was committed.
In addition, whenever any person | 14 | | is placed
on supervision for an alleged offense under this | 15 | | Section, the supervision shall
be conditioned upon the | 16 | | performance of the community service.
| 17 | | The community service requirement does not apply when | 18 | | the court imposes a sentence of
incarceration.
| 19 | | (4) In addition to any criminal penalties imposed for a | 20 | | violation of this Section, if a person is convicted of or | 21 | | placed on supervision for knowingly damaging or destroying | 22 | | crops of another, including crops intended for personal, | 23 | | commercial, research, or developmental purposes, the | 24 | | person is liable in a civil action to the owner of any | 25 | | crops damaged or destroyed for money damages up to twice | 26 | | the market value of the crops damaged or destroyed. |
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| 1 | | (5) For the purposes of this subsection (d), "farm | 2 | | equipment" means machinery
or
other equipment used in | 3 | | farming. | 4 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)
| 5 | | (720 ILCS 5/21-1.3)
| 6 | | Sec. 21-1.3. Criminal defacement of property.
| 7 | | (a) A person commits criminal defacement of property when | 8 | | the person
knowingly damages the property of another by
| 9 | | defacing, deforming, or otherwise damaging the property by the | 10 | | use of paint or
any other similar substance, or by the use of a | 11 | | writing instrument, etching
tool, or any other similar device. | 12 | | It is an affirmative defense to a violation of this Section | 13 | | that the owner of the property damaged consented to such | 14 | | damage.
| 15 | | (b) Sentence. | 16 | | (1) Criminal defacement of property is a Class A | 17 | | misdemeanor for a
first offense when the aggregate value of | 18 | | the damage to the property does not exceed $2,500 $300 . | 19 | | Criminal
defacement of property is a Class 4 felony when | 20 | | the aggregate value of the damage to property does not
| 21 | | exceed $300 and the property damaged is a school building | 22 | | or place of
worship or property which memorializes or | 23 | | honors an individual or group of police officers, fire | 24 | | fighters, members of the United States Armed Forces or | 25 | | National Guard, or veterans. Criminal
defacement of |
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| 1 | | property is a Class 4 felony for a second or subsequent
| 2 | | conviction or when the aggregate value of the damage to the | 3 | | property exceeds $2,500 $300 .
Criminal defacement of | 4 | | property is a Class 3 felony when the aggregate value of | 5 | | the damage to property
exceeds $300 and the property | 6 | | damaged is a school building or place of
worship or | 7 | | property which memorializes or honors an individual or | 8 | | group of police officers, fire fighters, members of the | 9 | | United States Armed Forces or National Guard, or veterans.
| 10 | | (2) In addition to any other sentence that may be | 11 | | imposed
for a violation of this Section,
a person convicted | 12 | | of
criminal defacement of
property shall: | 13 | | (A) pay the
actual costs incurred
by the property | 14 | | owner or the unit of government to abate, remediate,
| 15 | | repair, or remove the effect of the damage to the | 16 | | property. To the extent
permitted by law, | 17 | | reimbursement for the costs of abatement, remediation,
| 18 | | repair, or removal shall be payable to the person who | 19 | | incurred the costs; and | 20 | | (B) (blank). if convicted of criminal defacement | 21 | | of property that is chargeable as a Class 3 or Class 4 | 22 | | felony, pay a mandatory minimum fine of $500.
| 23 | | (3) In addition to any
other sentence that may be | 24 | | imposed, a court shall order any person convicted of
| 25 | | criminal defacement of property to perform community | 26 | | service for not less than
30 and not more than 120 hours, |
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| 1 | | if community service is available in the
jurisdiction. The | 2 | | community service shall include, but need
not be limited | 3 | | to, the cleanup and repair of the damage to property that | 4 | | was
caused by the offense, or similar damage to property | 5 | | located in the
municipality or county in which the offense | 6 | | occurred.
When the property damaged is a school building, | 7 | | the community service may
include cleanup, removal, or | 8 | | painting over the defacement.
In addition, whenever any
| 9 | | person is placed on supervision for an alleged offense | 10 | | under this Section, the
supervision shall be conditioned
| 11 | | upon the performance of the community service. | 12 | | (4) For the purposes of this subsection (b), aggregate | 13 | | value shall be determined by adding the value of the damage | 14 | | to one or more properties if the offenses were committed as | 15 | | part of a single course of conduct.
| 16 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; | 17 | | 98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)
| 18 | | Section 15. The Cannabis Control Act is amended by changing | 19 | | Section 4 as follows:
| 20 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 21 | | Sec. 4. It is unlawful for any person knowingly to possess | 22 | | cannabis. Any person
who violates this section with respect to:
| 23 | | (a) not more than 2.5 grams of any substance containing | 24 | | cannabis is
guilty of a Class C misdemeanor;
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| 1 | | (b) more than 2.5 grams but not more than 10 grams of | 2 | | any substance
containing cannabis is guilty of a Class B | 3 | | misdemeanor;
| 4 | | (c) more than 10 grams but not more than 30 grams of | 5 | | any substance
containing cannabis is guilty of a Class A | 6 | | misdemeanor; provided, that if
any offense under this | 7 | | subsection (c) is a subsequent offense, the offender
shall | 8 | | be guilty of a Class 4 felony;
| 9 | | (d) (blank); more than 30 grams but not more than 500 | 10 | | grams of any substance
containing cannabis is guilty of a | 11 | | Class 4 felony; provided that if any
offense under this | 12 | | subsection (d) is a subsequent offense, the offender
shall | 13 | | be guilty of a Class 3 felony;
| 14 | | (e) (blank); more than 500 grams but not more than | 15 | | 2,000 grams of any substance
containing cannabis is guilty
| 16 | | of a Class 3 felony;
| 17 | | (f) (blank); more than 2,000 grams but not more than | 18 | | 5,000 grams of any
substance containing cannabis is guilty | 19 | | of a Class 2 felony;
| 20 | | (g) (blank). more than 5,000 grams of any substance | 21 | | containing cannabis is guilty
of a Class 1 felony.
| 22 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 23 | | Section 20. The Illinois Controlled Substances Act is | 24 | | amended by changing Section 402 as follows:
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| 1 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 2 | | Sec. 402. Except as otherwise authorized by this Act, it is | 3 | | unlawful for
any person knowingly to possess a controlled or | 4 | | counterfeit substance or controlled substance analog.
A | 5 | | violation of this Act with respect to any each of the | 6 | | controlled substance substances
listed herein constitutes a | 7 | | single and separate violation of this Act. For purposes of this | 8 | | Section, "controlled substance analog" or "analog"
means a | 9 | | substance, other than a controlled substance, that has a | 10 | | chemical structure substantially similar to that of a | 11 | | controlled
substance in Schedule I or II, or that was | 12 | | specifically designed to produce
an effect substantially | 13 | | similar to that of a controlled substance in Schedule
I or II. | 14 | | Examples of chemical classes in which controlled substance | 15 | | analogs
are found include, but are not limited to, the | 16 | | following: phenethylamines,
N-substituted piperidines, | 17 | | morphinans, ecgonines, quinazolinones, substituted
indoles, | 18 | | and arylcycloalkylamines. For purposes of this Act, a | 19 | | controlled
substance analog shall be treated in the same manner | 20 | | as the controlled
substance to which it is substantially | 21 | | similar.
| 22 | | (a) Any person who violates this Section with respect to | 23 | | any controlled substance or counterfeit substance or | 24 | | controlled substance analog, with the exception of | 25 | | methamphetamine or an anabolic steroid is guilty of a Class A | 26 | | misdemeanor. with respect to the following
controlled or |
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| 1 | | counterfeit substances and amounts, notwithstanding any of the
| 2 | | provisions of subsections (c) and (d) to the
contrary, is | 3 | | guilty of a Class 1 felony and shall, if sentenced to a term
of | 4 | | imprisonment, be sentenced as provided in this subsection (a) | 5 | | and fined
as provided in subsection (b):
| 6 | | (1) (A) not less than 4 years and not more than 15 | 7 | | years with respect
to 15 grams or more but less than | 8 | | 100 grams of a substance containing heroin;
| 9 | | (B) not less than 6 years and not more than 30 | 10 | | years with respect to 100
grams or more but less than | 11 | | 400 grams of a substance containing heroin;
| 12 | | (C) not less than 8 years and not more than 40 | 13 | | years with respect to 400
grams or more but less than | 14 | | 900 grams of any substance containing heroin;
| 15 | | (D) not less than 10 years and not more than 50 | 16 | | years with respect to
900 grams or more of any | 17 | | substance containing heroin;
| 18 | | (2) (A) not less than 4 years and not more than 15 | 19 | | years with respect
to 15 grams or more but less than | 20 | | 100 grams of any substance containing
cocaine;
| 21 | | (B) not less than 6 years and not more than 30 | 22 | | years with respect to 100
grams or more but less than | 23 | | 400 grams of any substance containing cocaine;
| 24 | | (C) not less than 8 years and not more than 40 | 25 | | years with respect to 400
grams or more but less than | 26 | | 900 grams of any substance containing cocaine;
|
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| 1 | | (D) not less than 10 years and not more than 50 | 2 | | years with respect to
900 grams or more of any | 3 | | substance containing cocaine;
| 4 | | (3) (A) not less than 4 years and not more than 15 | 5 | | years with respect
to 15 grams or more but less than | 6 | | 100 grams of any substance containing
morphine;
| 7 | | (B) not less than 6 years and not more than 30 | 8 | | years with respect to 100
grams or more but less than | 9 | | 400 grams of any substance containing morphine;
| 10 | | (C) not less than 6 years and not more than 40 | 11 | | years with respect to 400
grams or more but less than | 12 | | 900 grams of any substance containing morphine;
| 13 | | (D) not less than 10 years and not more than 50 | 14 | | years with respect to
900 grams or more of any | 15 | | substance containing morphine;
| 16 | | (4) 200 grams or more of any substance containing | 17 | | peyote;
| 18 | | (5) 200 grams or more of any substance containing a | 19 | | derivative of
barbituric acid or any of the salts of a | 20 | | derivative of barbituric acid;
| 21 | | (6) 200 grams or more of any substance containing | 22 | | amphetamine or any salt
of an optical isomer of | 23 | | amphetamine;
| 24 | | (6.5) (blank);
| 25 | | (7) (A) not less than 4 years and not more than 15 | 26 | | years with respect
to: (i) 15 grams or more but less |
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| 1 | | than 100 grams of any substance containing
lysergic | 2 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 3 | | 15 or
more objects or 15 or more segregated parts of an | 4 | | object or objects but
less than 200 objects or 200 | 5 | | segregated parts of an object or objects
containing in | 6 | | them or having upon them any amount of any substance
| 7 | | containing lysergic acid diethylamide (LSD), or an | 8 | | analog thereof;
| 9 | | (B) not less than 6 years and not more than 30 | 10 | | years with respect
to: (i) 100 grams or more but less | 11 | | than 400 grams of any substance
containing lysergic | 12 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 13 | | 200 or more objects or 200 or more segregated parts of | 14 | | an object or objects
but less than 600 objects or less | 15 | | than 600 segregated parts of an object or
objects | 16 | | containing in them or having upon them any amount of | 17 | | any substance
containing lysergic acid diethylamide | 18 | | (LSD), or an analog thereof;
| 19 | | (C) not less than 8 years and not more than 40 | 20 | | years with respect
to: (i) 400 grams or more but less | 21 | | than 900 grams of any substance
containing lysergic | 22 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 23 | | 600 or more objects or 600 or more segregated parts of | 24 | | an object or objects
but less than 1500 objects or 1500 | 25 | | segregated parts of an object or objects
containing in | 26 | | them or having upon them any amount of any substance
|
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| 1 | | containing lysergic acid diethylamide (LSD), or an | 2 | | analog thereof;
| 3 | | (D) not less than 10 years and not more than 50 | 4 | | years with respect
to: (i) 900 grams or more of any | 5 | | substance containing lysergic acid
diethylamide (LSD), | 6 | | or an analog thereof, or (ii) 1500 or more objects or
| 7 | | 1500 or more segregated parts of an object or objects | 8 | | containing in them or
having upon them any amount of a | 9 | | substance containing lysergic acid
diethylamide (LSD), | 10 | | or an analog thereof;
| 11 | | (7.5) (A) not less than 4 years and not more than 15 | 12 | | years with respect
to: (i) 15
grams or more but
less | 13 | | than 100 grams of any substance listed in paragraph | 14 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 15 | | (20.1), (21), (25), or (26) of subsection (d) of | 16 | | Section 204, or an
analog or derivative
thereof, or | 17 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 18 | | objects but
less than 200 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;
| 24 | | (B) not less than 6 years and not more than 30 | 25 | | years with respect to: (i)
100
grams or more but
less | 26 | | than 400 grams of any substance listed in paragraph |
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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) 200 or more pills, tablets, caplets, capsules, or | 5 | | objects but less than
600
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;
| 11 | | (C) not less than 8 years and not more than 40 | 12 | | years with respect to: (i)
400
grams or more but
less | 13 | | than 900 grams of any substance listed in paragraph | 14 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 15 | | (20.1), (21), (25), or (26) of subsection (d) of | 16 | | Section 204, or an analog or
derivative thereof,
or | 17 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 18 | | objects but less than
1,500 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;
| 24 | | (D) not less than 10 years and not more than 50 | 25 | | years with respect to:
(i)
900 grams or more of
any | 26 | | substance listed in paragraph (1), (2), (2.1), (2.2), |
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| 1 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 2 | | subsection (d) of Section 204, or an analog or | 3 | | derivative thereof, or (ii)
1,500 or more pills,
| 4 | | tablets, caplets, capsules, or objects containing in | 5 | | them or having upon them
any amount of a
substance | 6 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 7 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 8 | | subsection (d) of Section 204, or an analog or | 9 | | derivative thereof;
| 10 | | (8) 30 grams or more of any substance containing | 11 | | pentazocine or any of
the salts, isomers and salts of | 12 | | isomers of pentazocine, or an analog thereof;
| 13 | | (9) 30 grams or more of any substance containing | 14 | | methaqualone or any
of the salts, isomers and salts of | 15 | | isomers of methaqualone;
| 16 | | (10) 30 grams or more of any substance containing | 17 | | phencyclidine or any
of the salts, isomers and salts of | 18 | | isomers of phencyclidine (PCP);
| 19 | | (10.5) 30 grams or more of any substance containing | 20 | | ketamine or any of
the salts, isomers and salts of isomers | 21 | | of ketamine;
| 22 | | (11) 200 grams or more of any substance containing any | 23 | | substance
classified as a narcotic drug in Schedules I or | 24 | | II, or an analog thereof, which is not otherwise
included | 25 | | in this subsection.
| 26 | | (b) (Blank). Any person sentenced with respect to |
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| 1 | | violations of paragraph (1),
(2), (3), (7), or (7.5) of | 2 | | subsection (a) involving 100
grams or more of the
controlled | 3 | | substance named therein, may in addition to the penalties
| 4 | | provided therein, be fined an amount not to exceed $200,000 or | 5 | | the full
street value of the controlled or counterfeit | 6 | | substances, whichever is
greater. The term "street value" shall | 7 | | have the meaning
ascribed in Section 110-5 of the Code of | 8 | | Criminal Procedure of 1963. Any
person sentenced with respect | 9 | | to any other provision of subsection (a), may
in addition to | 10 | | the penalties provided therein, be fined an amount not to
| 11 | | exceed $200,000.
| 12 | | (c) (Blank). Any person who violates this Section with | 13 | | regard to an amount
of a controlled substance other than | 14 | | methamphetamine or counterfeit substance not set forth in
| 15 | | subsection (a) or (d) is guilty of a Class 4 felony. The fine | 16 | | for a
violation punishable under this subsection (c) shall not | 17 | | be more
than $25,000.
| 18 | | (d) Any person who violates this Section with regard to any | 19 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
| 20 | | for the first offense and a Class B misdemeanor for a | 21 | | subsequent offense
committed within 2 years of a prior | 22 | | conviction.
| 23 | | (Source: P.A. 99-371, eff. 1-1-16 .)
| 24 | | Section 25. The Methamphetamine Control and Community | 25 | | Protection Act is amended by changing Section 60 as follows: |
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| 1 | | (720 ILCS 646/60)
| 2 | | Sec. 60. Methamphetamine possession. | 3 | | (a) It is unlawful knowingly to possess methamphetamine or | 4 | | a substance containing methamphetamine.
| 5 | | (b) A person who violates subsection (a) is guilty of a | 6 | | Class A misdemeanor. subject to the following penalties:
| 7 | | (1) A person who possesses less than 5 grams of | 8 | | methamphetamine or a substance containing methamphetamine | 9 | | is guilty of a Class 3 felony.
| 10 | | (2) A person who possesses 5 or more grams but less | 11 | | than 15 grams of methamphetamine or a substance containing | 12 | | methamphetamine is guilty of a Class 2 felony.
| 13 | | (3) A person who possesses 15 or more grams but less | 14 | | than 100 grams of methamphetamine or a substance containing | 15 | | methamphetamine is guilty of a Class 1 felony.
| 16 | | (4) A person who possesses 100 or more grams but less | 17 | | than 400 grams of methamphetamine or a substance containing | 18 | | methamphetamine is guilty of a Class X felony, subject to a | 19 | | term of imprisonment of not less than 6 years and not more | 20 | | than 30 years, and subject to a fine not to exceed
| 21 | | $100,000.
| 22 | | (5) A person who possesses 400 or more grams but less | 23 | | than 900 grams of methamphetamine or a substance containing | 24 | | methamphetamine is guilty of a Class X felony, subject to a | 25 | | term of imprisonment of not less than 8 years and not more |
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| 1 | | than 40 years, and subject to a fine not to exceed
| 2 | | $200,000.
| 3 | | (6) A person who possesses 900 or more grams of | 4 | | methamphetamine or a substance containing methamphetamine | 5 | | is guilty of a Class X felony, subject to a term of | 6 | | imprisonment of not less than 10 years and not more than 50 | 7 | | years, and subject to a fine not to exceed $300,000.
| 8 | | (Source: P.A. 94-556, eff. 9-11-05.) | 9 | | Section 30. The Unified Code of Corrections is amended by | 10 | | adding Sections 5-9-5 and 8-7-1 as follows: | 11 | | (730 ILCS 5/5-9-5 new) | 12 | | Sec. 5-9-5. Resentencing as misdemeanants. | 13 | | (a) In the case of a person who is facing criminal charges | 14 | | for an offense committed before the effective date of this | 15 | | amendatory Act of the 99th General Assembly that would have | 16 | | qualified as a felony under Section 16-1, 16-25, 17-1, 21-1, or | 17 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 18 | | 2012, the Cannabis Control Act, the Illinois Controlled | 19 | | Substances Act, or the Methamphetamine Control and Community | 20 | | Protection Act at the time it was committed, but the person has | 21 | | not been sentenced by the time this amendatory Act of the 99th | 22 | | General Assembly takes effect and this amendatory Act of the | 23 | | 99th General Assembly reclassifies the offense as a | 24 | | misdemeanor, the sentencing court shall sentence the defendant |
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| 1 | | based on the amended penalties under the Criminal Code of 2012, | 2 | | the Cannabis Control Act, the Illinois Controlled Substances | 3 | | Act, or the Methamphetamine Control and Community Protection | 4 | | Act. | 5 | | (b) In the case of a person who is, at the time of the | 6 | | effective date of this amendatory Act of the 99th General | 7 | | Assembly, incarcerated for a felony offense under Section 16-1, | 8 | | 16-25, 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012, the Cannabis Control Act, the | 10 | | Illinois Controlled Substances Act, or the Methamphetamine | 11 | | Control and Community Protection Act that has been subsequently | 12 | | reclassified as a misdemeanor, the sentencing court, the | 13 | | Director of Corrections, or the incarcerated person may make a | 14 | | motion to recall the original sentence issued and re-sentence | 15 | | the person to a misdemeanor under the amended penalties under | 16 | | the Criminal Code of 2012, the Cannabis Control Act, the | 17 | | Illinois Controlled Substances Act, or the Methamphetamine | 18 | | Control and Community Protection Act. The sentencing court | 19 | | shall determine whether the petitioner qualifies for | 20 | | resentencing as a result of the reclassification of felony | 21 | | offenses as misdemeanors under this amendatory Act of the 99th | 22 | | General Assembly. If the petitioner qualifies for | 23 | | resentencing, the petitioner's felony sentence shall be | 24 | | recalled and the petitioner shall be re-sentenced to a | 25 | | misdemeanor under Section 16-1, 16-25, 17-1, 21-1, or 21-1.3 of | 26 | | the Criminal Code of 2012, the Cannabis Control Act, the |
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| 1 | | Illinois Controlled Substances Act, or the Methamphetamine | 2 | | Control and Community Protection Act as amended by this | 3 | | amendatory Act of the 99th General Assembly, unless the court, | 4 | | in its discretion, determines that re-sentencing the | 5 | | petitioner would pose an unreasonable risk of danger to public | 6 | | safety. Under no circumstances shall re-sentencing result in a | 7 | | sentence that is longer than the original sentence. | 8 | | (c) In the case of a person who has completed his or her | 9 | | sentence for a felony conviction under Section 16-1, 16-25, | 10 | | 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, the Cannabis Control Act, the Illinois | 12 | | Controlled Substances Act, or the Methamphetamine Control and | 13 | | Community Protection Act that is reclassified as a misdemeanor | 14 | | by this amendatory Act of the 99th General Assembly, he or she | 15 | | may apply to have the felony conviction designated as a | 16 | | misdemeanor, or the sentencing court or Director of Corrections | 17 | | may make a motion to have the felony conviction designated as a | 18 | | misdemeanor. All sentencing courts throughout this State shall | 19 | | provide applications for this purpose. If the court finds that | 20 | | the felony conviction was for an offense that has been | 21 | | reclassified as a misdemeanor by this amendatory Act of the | 22 | | 99th General Assembly, the court shall designate that the | 23 | | conviction was for a misdemeanor. | 24 | | (d) If the original sentencing court is not available for | 25 | | re-sentencing under subsections (b) and (c) of this Section, | 26 | | the presiding judge shall designate another judge to rule on |
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| 1 | | the motion or application. | 2 | | (e) Nothing in subsections (a) through (d) of this Section | 3 | | is intended to diminish or abrogate any rights or remedies | 4 | | otherwise available to the petitioner or applicant, or to the | 5 | | victims of the crimes that resulted in the felony convictions | 6 | | at issue. | 7 | | (730 ILCS 5/8-7-1 new) | 8 | | Sec. 8-7-1. Purpose. | 9 | | (a) From 1982 to 2013, Illinois' incarcerated population | 10 | | nearly tripled, with much of the expansion caused by the | 11 | | increased criminalization of poverty and the | 12 | | disproportionately aggressive enforcement of criminal laws | 13 | | within communities of color. These trends resulted in justice | 14 | | expenditures more than doubling, in real dollars, during this | 15 | | period. The General Assembly hereby declares it a priority to | 16 | | right-size our justice system and realign our spending | 17 | | priorities to maximize public health and safety. Through the | 18 | | creation of the Justice Reinvestment Fund in the State | 19 | | treasury, a substantial portion of the savings realized from | 20 | | reducing our incarceration rate by reclassifying a series of | 21 | | non-violent felony offenses as misdemeanors will be reinvested | 22 | | in addressing the root causes of crime, violence, and | 23 | | recidivism. Among a wide range of positive effects, this | 24 | | initiative will create substantially healthier and safer | 25 | | communities across the State by: |
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| 1 | | (1) addressing the destabilizing effects that high | 2 | | incarceration rates have had on families and communities; | 3 | | (2) targeting the community conditions that perpetuate | 4 | | the cycle of crime; and | 5 | | (3) providing formerly incarcerated persons a better | 6 | | chance to succeed outside of prison. | 7 | | (b) On or before July 31, 2017, and on or before July 31 of | 8 | | each fiscal year thereafter, the Sentencing Policy Advisory | 9 | | Council shall calculate the savings that accrued to the State | 10 | | during the fiscal year ending June 30, 2017, as compared to the | 11 | | fiscal year preceding the enactment of this amendatory Act of | 12 | | the 99th General Assembly, due to the re-classification of | 13 | | felony offenses under Sections 16-1, 16-25, 17-1, 21-1, and | 14 | | 21-1.3 of the Criminal Code of 2012, the Cannabis Control Act, | 15 | | the Illinois Controlled Substances Act, and the | 16 | | Methamphetamine Control and Community Protection Act as | 17 | | misdemeanors. The savings calculation shall be solely based on: | 18 | | (1) the number of persons incarcerated in a Department | 19 | | of Corrections facility during the fiscal year ending June | 20 | | 30, 2016 for the offenses that have been reclassified as | 21 | | misdemeanors by this amendatory Act of the 99th General | 22 | | Assembly compared to the number of persons incarcerated for | 23 | | those same offenses in a Department of Corrections facility | 24 | | during the fiscal year for which the calculation is being | 25 | | made; | 26 | | (2) the average length of stay in Department of |
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| 1 | | Corrections facilities for these offenses before they were | 2 | | reclassified as misdemeanors; | 3 | | (3) the marginal cost per inmate per year; and | 4 | | (4) any reduction in fixed costs, overhead costs, or | 5 | | administrative costs due to the closing of a Department of | 6 | | Corrections facility, or portion of a Department of | 7 | | Corrections facility, as a result of this amendatory Act of | 8 | | the 99th General Assembly. | 9 | | In making the calculations required by this subsection (b), | 10 | | the Sentencing Policy Advisory Council shall use actual data or | 11 | | best available estimates where actual data is not available. | 12 | | The calculations shall be final and shall not be adjusted for | 13 | | any subsequent changes in the underlying data. The State | 14 | | Comptroller shall certify the results of the calculation no | 15 | | later than August 15 of each fiscal year. | 16 | | (c) On or before August 31, 2017, and before August 31 of | 17 | | each fiscal year thereafter, the Comptroller shall transfer | 18 | | from the General Fund to the Justice Reinvestment Fund 85% of | 19 | | the total savings calculated under subsection (b) minus any | 20 | | necessary deductions under subsections (m) and (n). | 21 | | (d) Funds in the Justice Reinvestment Fund shall be | 22 | | continuously appropriated for the purposes of this amendatory | 23 | | Act. Funds transferred to the Justice Reinvestment Fund shall | 24 | | be used exclusively for the purposes of this amendatory Act of | 25 | | the 99th General Assembly and shall not be subject to | 26 | | appropriation or transfer by the General Assembly for any other |
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| 1 | | purpose. The funds in the Justice Reinvestment Fund may be used | 2 | | without regard to fiscal year. | 3 | | (e) On or before April 30, 2017, the Sentencing Policy | 4 | | Advisory Council shall calculate, for each county in the State, | 5 | | the 3-year average of the number of residents of that county | 6 | | who were incarcerated within a State prison for felony offenses | 7 | | under Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 9 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 10 | | and the Methamphetamine Control and Community Protection Act | 11 | | that are re-classified as misdemeanors by this amendatory Act | 12 | | of the 99th General Assembly. The 3-year average shall be based | 13 | | on the fiscal years ending June 30, 2014; June 30, 2015; and | 14 | | June 30, 2016. | 15 | | (f) On or before April 30, 2017, the Sentencing Policy | 16 | | Advisory Council shall calculate, for the entire State, the | 17 | | 3-year average of the number of persons who were incarcerated | 18 | | within a State prison for felony offenses under Sections 16-1, | 19 | | 16-25, 17-1, 21-1, and 21-1.3 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012, the Cannabis Control Act, the | 21 | | Illinois Controlled Substances Act, and the Methamphetamine | 22 | | Control and Community Protection Act that are re-classified as | 23 | | misdemeanors by this amendatory Act of the 99th General | 24 | | Assembly. The 3-year average shall be based on the fiscal years | 25 | | ending June 30, 2014; June 30, 2015; and June 30, 2016. | 26 | | (g) The Justice Reinvestment Fund shall be administered by |
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| 1 | | the Department of Human Services, and each county shall be | 2 | | entitled to a proportionate share of the annual funds available | 3 | | provided it meets the criteria described in subsection (h) of | 4 | | this Section. For the fiscal year ending on June 30, 2017, each | 5 | | county's proportionate share shall be based on their | 6 | | contribution to the total number of persons who have | 7 | | pre-existing felony convictions at the time of enactment of | 8 | | this amendatory Act of the 99th General Assembly that are | 9 | | re-sentenced or designated as misdemeanors under Section 5-9-5 | 10 | | of this Code by June 30, 2017. For each fiscal year thereafter, | 11 | | each county's share of available funds shall be determined by | 12 | | their 3-year average calculated in subsection (e) as a | 13 | | percentage of the 3-year average for the State calculated in | 14 | | subsection (f). | 15 | | (h) To receive funds under this Section, counties must meet | 16 | | the following criteria: | 17 | | (1) They must submit an annual application in which | 18 | | they specify how they will use the funds to improve public | 19 | | health and safety through creating or expanding one or more | 20 | | of the following: | 21 | | (A) living-wage job opportunities; | 22 | | (B) training programs for jobs that pay a living | 23 | | wage; | 24 | | (C) drug treatment services; | 25 | | (D) mental health services, including trauma | 26 | | recovery services for crime victims; |
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| 1 | | (E) afterschool programs for children and youth; | 2 | | (F) pre-k programs; | 3 | | (G) summer and year-round jobs for youth; | 4 | | (H) affordable housing opportunities; | 5 | | (I) alternatives to justice-system involvement | 6 | | within schools and throughout the community, including | 7 | | but not limited to restorative justice programs and | 8 | | increased use of social workers, psychologists, | 9 | | conflict mediators, mental health counselors, and drug | 10 | | treatment counselors to address low-level offenses. | 11 | | (2) The application must specify how the funds will be | 12 | | directed toward one or more of the following: | 13 | | (A) The neighborhoods in the county that have the | 14 | | largest number of residents in jail or prison; | 15 | | (B) The neighborhoods in the county that have the | 16 | | largest number of crime victims; | 17 | | (C) Formerly incarcerated persons who are | 18 | | re-entering the county from prison. | 19 | | (i) Counties shall not use the funds to supplant existing | 20 | | funds in the chosen programmatic areas. | 21 | | (j) Counties receiving funds shall submit an annual report | 22 | | to the Department of Human Services detailing the uses of the | 23 | | funds and the impact they have had on public health and safety. | 24 | | The Department of Human Services shall provide a summary report | 25 | | to the Governor and the General Assembly on an annual basis. | 26 | | (k) Funds left unclaimed due to a qualifying county failing |
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| 1 | | to submit an application or meet the specified criteria shall | 2 | | be reallocated to the remaining counties on a proportionate | 3 | | basis, based on the same proportion used in subsection (g) | 4 | | while excluding the non-participating county or counties. | 5 | | (l) The Comptroller shall annually conduct a randomized | 6 | | audit of up to 10% of the counties receiving grants to ensure | 7 | | the funds are disbursed and expended in accordance with the | 8 | | requirements specified in this Section. The Comptroller shall | 9 | | report his or her findings to the General Assembly and the | 10 | | public. | 11 | | (m) Any costs incurred by the Comptroller and the | 12 | | Sentencing Policy Advisory Council in connection with the | 13 | | fulfillment of its duties described in this Section shall be | 14 | | deducted from the Justice Reinvestment Fund before the funds | 15 | | are disbursed under subsection (c). | 16 | | (n) Beginning with the fiscal year ending June 30, 2017, | 17 | | the Sentencing Policy Advisory Council shall deduct any | 18 | | additional costs incurred by the State court system in | 19 | | fulfilling its duties under Section 5-9-5 of this Act during | 20 | | the preceding year from the Justice Reinvestment Fund before | 21 | | the funds are disbursed under subsection (c). The | 22 | | administrative costs shall not account for more than 10% of the | 23 | | total funds to be deposited into the Justice Reinvestment Fund | 24 | | for the fiscal year ending June 30, 2017, and shall not account | 25 | | for more than 5% of the total funds to be deposited into the | 26 | | Justice Reinvestment Fund for each fiscal year thereafter. |
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| 1 | | (o) Any administrative costs incurred by the Department of | 2 | | Human Services in fulfilling its duties under this amendatory | 3 | | Act shall be deducted from the available pool of funds. The | 4 | | administrative costs shall not account for more than 5% of the | 5 | | total funds deposited into the Justice Reinvestment Fund each | 6 | | year. ".
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