HB4552 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4552

 

Introduced 2/5/2020, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/18-1  from Ch. 38, par. 18-1
720 ILCS 5/19-1  from Ch. 38, par. 19-1
720 ILCS 570/401  from Ch. 56 1/2, par. 1401

    Amends the Criminal Code of 2012. Enhances the penalties from assault and battery to aggravated assault and aggravated battery if the victim is a pharmacist, student pharmacist, or pharmacy technician performing his or her duties as a pharmacist, student pharmacist, or pharmacy technician. Enhances from a Class 2 felony to a Class 1 felony a robbery or burglary committed in a pharmacy. Amends the Illinois Controlled Substances Act. Provides that any person who violates the provisions concerning the illegal delivery of a controlled substance in an amount not otherwise specified in the statute classified in Schedule II, III, IV, or V that was illegally and directly obtained from a pharmacy, either through robbery or burglary, which substance is not included as a Class 2 felony by the statute, is guilty of a Class 2 felony. Provides that the fine for a violation shall not be more than $200,000. Effective January 1, 2020.


LRB101 09468 SLF 54566 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4552LRB101 09468 SLF 54566 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-2, 12-3.05, 18-1, and 19-1 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue.
12    (b) Offense based on status of victim. A person commits
13aggravated assault when, in committing an assault, he or she
14knows the individual assaulted to be any of the following:
15        (1) A person with a physical disability or a person 60
16    years of age or older and the assault is without legal
17    justification.
18        (2) A teacher or school employee upon school grounds or
19    grounds adjacent to a school or in any part of a building
20    used for school purposes.
21        (3) A park district employee upon park grounds or
22    grounds adjacent to a park or in any part of a building
23    used for park purposes.

 

 

HB4552- 2 -LRB101 09468 SLF 54566 b

1        (4) A community policing volunteer, private security
2    officer, or utility worker:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (4.1) A peace officer, fireman, emergency management
9    worker, or emergency medical services personnel:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or her
12        official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (5) A correctional officer or probation officer:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or her
18        official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (6) A correctional institution employee, a county
22    juvenile detention center employee who provides direct and
23    continuous supervision of residents of a juvenile
24    detention center, including a county juvenile detention
25    center employee who supervises recreational activity for
26    residents of a juvenile detention center, or a Department

 

 

HB4552- 3 -LRB101 09468 SLF 54566 b

1    of Human Services employee, Department of Human Services
2    officer, or employee of a subcontractor of the Department
3    of Human Services supervising or controlling sexually
4    dangerous persons or sexually violent persons:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or her
7        official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (7) An employee of the State of Illinois, a municipal
11    corporation therein, or a political subdivision thereof,
12    performing his or her official duties.
13        (8) A transit employee performing his or her official
14    duties, or a transit passenger.
15        (9) A sports official or coach actively participating
16    in any level of athletic competition within a sports venue,
17    on an indoor playing field or outdoor playing field, or
18    within the immediate vicinity of such a facility or field.
19        (10) A person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure or a special process
21    server appointed by the circuit court, while that
22    individual is in the performance of his or her duties as a
23    process server.
24        (11) A pharmacist, student pharmacist, or pharmacy
25    technician performing his or her duties as a pharmacist,
26    student pharmacist, or pharmacy technician.

 

 

HB4552- 4 -LRB101 09468 SLF 54566 b

1    (c) Offense based on use of firearm, device, or motor
2vehicle. A person commits aggravated assault when, in
3committing an assault, he or she does any of the following:
4        (1) Uses a deadly weapon, an air rifle as defined in
5    Section 24.8-0.1 of this Act, or any device manufactured
6    and designed to be substantially similar in appearance to a
7    firearm, other than by discharging a firearm.
8        (2) Discharges a firearm, other than from a motor
9    vehicle.
10        (3) Discharges a firearm from a motor vehicle.
11        (4) Wears a hood, robe, or mask to conceal his or her
12    identity.
13        (5) Knowingly and without lawful justification shines
14    or flashes a laser gun sight or other laser device attached
15    to a firearm, or used in concert with a firearm, so that
16    the laser beam strikes near or in the immediate vicinity of
17    any person.
18        (6) Uses a firearm, other than by discharging the
19    firearm, against a peace officer, community policing
20    volunteer, fireman, private security officer, emergency
21    management worker, emergency medical services personnel,
22    employee of a police department, employee of a sheriff's
23    department, or traffic control municipal employee:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or her
26        official duties; or

 

 

HB4552- 5 -LRB101 09468 SLF 54566 b

1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (7) Without justification operates a motor vehicle in a
4    manner which places a person, other than a person listed in
5    subdivision (b)(4), in reasonable apprehension of being
6    struck by the moving motor vehicle.
7        (8) Without justification operates a motor vehicle in a
8    manner which places a person listed in subdivision (b)(4),
9    in reasonable apprehension of being struck by the moving
10    motor vehicle.
11        (9) Knowingly video or audio records the offense with
12    the intent to disseminate the recording.
13    (d) Sentence. Aggravated assault as defined in subdivision
14(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
15(b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
16except that aggravated assault as defined in subdivision (b)(4)
17and (b)(7) is a Class 4 felony if a Category I, Category II, or
18Category III weapon is used in the commission of the assault.
19Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
20(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4
21felony. Aggravated assault as defined in subdivision (c)(3) or
22(c)(8) is a Class 3 felony.
23    (e) For the purposes of this Section, "Category I weapon",
24"Category II weapon, and "Category III weapon" have the
25meanings ascribed to those terms in Section 33A-1 of this Code.
26(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,

 

 

HB4552- 6 -LRB101 09468 SLF 54566 b

1eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
299-816, eff. 8-15-16.)
 
3    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
4    Sec. 12-3.05. Aggravated battery.
5    (a) Offense based on injury. A person commits aggravated
6battery when, in committing a battery, other than by the
7discharge of a firearm, he or she knowingly does any of the
8following:
9        (1) Causes great bodily harm or permanent disability or
10    disfigurement.
11        (2) Causes severe and permanent disability, great
12    bodily harm, or disfigurement by means of a caustic or
13    flammable substance, a poisonous gas, a deadly biological
14    or chemical contaminant or agent, a radioactive substance,
15    or a bomb or explosive compound.
16        (3) Causes great bodily harm or permanent disability or
17    disfigurement to an individual whom the person knows to be
18    a peace officer, community policing volunteer, fireman,
19    private security officer, correctional institution
20    employee, or Department of Human Services employee
21    supervising or controlling sexually dangerous persons or
22    sexually violent persons:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or

 

 

HB4552- 7 -LRB101 09468 SLF 54566 b

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (4) Causes great bodily harm or permanent disability or
4    disfigurement to an individual 60 years of age or older.
5        (5) Strangles another individual.
6    (b) Offense based on injury to a child or person with an
7intellectual disability. A person who is at least 18 years of
8age commits aggravated battery when, in committing a battery,
9he or she knowingly and without legal justification by any
10means:
11        (1) causes great bodily harm or permanent disability or
12    disfigurement to any child under the age of 13 years, or to
13    any person with a severe or profound intellectual
14    disability; or
15        (2) causes bodily harm or disability or disfigurement
16    to any child under the age of 13 years or to any person
17    with a severe or profound intellectual disability.
18    (c) Offense based on location of conduct. A person commits
19aggravated battery when, in committing a battery, other than by
20the discharge of a firearm, he or she is or the person battered
21is on or about a public way, public property, a public place of
22accommodation or amusement, a sports venue, or a domestic
23violence shelter.
24    (d) Offense based on status of victim. A person commits
25aggravated battery when, in committing a battery, other than by
26discharge of a firearm, he or she knows the individual battered

 

 

HB4552- 8 -LRB101 09468 SLF 54566 b

1to be any of the following:
2        (1) A person 60 years of age or older.
3        (2) A person who is pregnant or has a physical
4    disability.
5        (3) A teacher or school employee upon school grounds or
6    grounds adjacent to a school or in any part of a building
7    used for school purposes.
8        (4) A peace officer, community policing volunteer,
9    fireman, private security officer, correctional
10    institution employee, or Department of Human Services
11    employee supervising or controlling sexually dangerous
12    persons or sexually violent persons:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (5) A judge, emergency management worker, emergency
19    medical services personnel, or utility worker:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (6) An officer or employee of the State of Illinois, a
26    unit of local government, or a school district, while

 

 

HB4552- 9 -LRB101 09468 SLF 54566 b

1    performing his or her official duties.
2        (7) A transit employee performing his or her official
3    duties, or a transit passenger.
4        (8) A taxi driver on duty.
5        (9) A merchant who detains the person for an alleged
6    commission of retail theft under Section 16-26 of this Code
7    and the person without legal justification by any means
8    causes bodily harm to the merchant.
9        (10) A person authorized to serve process under Section
10    2-202 of the Code of Civil Procedure or a special process
11    server appointed by the circuit court while that individual
12    is in the performance of his or her duties as a process
13    server.
14        (11) A nurse while in the performance of his or her
15    duties as a nurse.
16        (12) A pharmacist, student pharmacist, or pharmacy
17    technician performing his or her duties as a pharmacist,
18    student pharmacist, or pharmacy technician.
19    (e) Offense based on use of a firearm. A person commits
20aggravated battery when, in committing a battery, he or she
21knowingly does any of the following:
22        (1) Discharges a firearm, other than a machine gun or a
23    firearm equipped with a silencer, and causes any injury to
24    another person.
25        (2) Discharges a firearm, other than a machine gun or a
26    firearm equipped with a silencer, and causes any injury to

 

 

HB4552- 10 -LRB101 09468 SLF 54566 b

1    a person he or she knows to be a peace officer, community
2    policing volunteer, person summoned by a police officer,
3    fireman, private security officer, correctional
4    institution employee, or emergency management worker:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (3) Discharges a firearm, other than a machine gun or a
11    firearm equipped with a silencer, and causes any injury to
12    a person he or she knows to be emergency medical services
13    personnel:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (4) Discharges a firearm and causes any injury to a
20    person he or she knows to be a teacher, a student in a
21    school, or a school employee, and the teacher, student, or
22    employee is upon school grounds or grounds adjacent to a
23    school or in any part of a building used for school
24    purposes.
25        (5) Discharges a machine gun or a firearm equipped with
26    a silencer, and causes any injury to another person.

 

 

HB4552- 11 -LRB101 09468 SLF 54566 b

1        (6) Discharges a machine gun or a firearm equipped with
2    a silencer, and causes any injury to a person he or she
3    knows to be a peace officer, community policing volunteer,
4    person summoned by a police officer, fireman, private
5    security officer, correctional institution employee or
6    emergency management worker:
7            (i) performing his or her official duties;
8            (ii) battered to prevent performance of his or her
9        official duties; or
10            (iii) battered in retaliation for performing his
11        or her official duties.
12        (7) Discharges a machine gun or a firearm equipped with
13    a silencer, and causes any injury to a person he or she
14    knows to be emergency medical services personnel:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (8) Discharges a machine gun or a firearm equipped with
21    a silencer, and causes any injury to a person he or she
22    knows to be a teacher, or a student in a school, or a
23    school employee, and the teacher, student, or employee is
24    upon school grounds or grounds adjacent to a school or in
25    any part of a building used for school purposes.
26    (f) Offense based on use of a weapon or device. A person

 

 

HB4552- 12 -LRB101 09468 SLF 54566 b

1commits aggravated battery when, in committing a battery, he or
2she does any of the following:
3        (1) Uses a deadly weapon other than by discharge of a
4    firearm, or uses an air rifle as defined in Section
5    24.8-0.1 of this Code.
6        (2) Wears a hood, robe, or mask to conceal his or her
7    identity.
8        (3) Knowingly and without lawful justification shines
9    or flashes a laser gunsight or other laser device attached
10    to a firearm, or used in concert with a firearm, so that
11    the laser beam strikes upon or against the person of
12    another.
13        (4) Knowingly video or audio records the offense with
14    the intent to disseminate the recording.
15    (g) Offense based on certain conduct. A person commits
16aggravated battery when, other than by discharge of a firearm,
17he or she does any of the following:
18        (1) Violates Section 401 of the Illinois Controlled
19    Substances Act by unlawfully delivering a controlled
20    substance to another and any user experiences great bodily
21    harm or permanent disability as a result of the injection,
22    inhalation, or ingestion of any amount of the controlled
23    substance.
24        (2) Knowingly administers to an individual or causes
25    him or her to take, without his or her consent or by threat
26    or deception, and for other than medical purposes, any

 

 

HB4552- 13 -LRB101 09468 SLF 54566 b

1    intoxicating, poisonous, stupefying, narcotic, anesthetic,
2    or controlled substance, or gives to another person any
3    food containing any substance or object intended to cause
4    physical injury if eaten.
5        (3) Knowingly causes or attempts to cause a
6    correctional institution employee or Department of Human
7    Services employee to come into contact with blood, seminal
8    fluid, urine, or feces by throwing, tossing, or expelling
9    the fluid or material, and the person is an inmate of a
10    penal institution or is a sexually dangerous person or
11    sexually violent person in the custody of the Department of
12    Human Services.
13    (h) Sentence. Unless otherwise provided, aggravated
14battery is a Class 3 felony.
15    Aggravated battery as defined in subdivision (a)(4),
16(d)(4), or (g)(3) is a Class 2 felony.
17    Aggravated battery as defined in subdivision (a)(3) or
18(g)(1) is a Class 1 felony.
19    Aggravated battery as defined in subdivision (a)(1) is a
20Class 1 felony when the aggravated battery was intentional and
21involved the infliction of torture, as defined in paragraph
22(14) of subsection (b) of Section 9-1 of this Code, as the
23infliction of or subjection to extreme physical pain, motivated
24by an intent to increase or prolong the pain, suffering, or
25agony of the victim.
26    Aggravated battery under subdivision (a)(5) is a Class 1

 

 

HB4552- 14 -LRB101 09468 SLF 54566 b

1felony if:
2        (A) the person used or attempted to use a dangerous
3    instrument while committing the offense; or
4        (B) the person caused great bodily harm or permanent
5    disability or disfigurement to the other person while
6    committing the offense; or
7        (C) the person has been previously convicted of a
8    violation of subdivision (a)(5) under the laws of this
9    State or laws similar to subdivision (a)(5) of any other
10    state.
11    Aggravated battery as defined in subdivision (e)(1) is a
12Class X felony.
13    Aggravated battery as defined in subdivision (a)(2) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 6 years and a maximum of 45
16years.
17    Aggravated battery as defined in subdivision (e)(5) is a
18Class X felony for which a person shall be sentenced to a term
19of imprisonment of a minimum of 12 years and a maximum of 45
20years.
21    Aggravated battery as defined in subdivision (e)(2),
22(e)(3), or (e)(4) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 15 years
24and a maximum of 60 years.
25    Aggravated battery as defined in subdivision (e)(6),
26(e)(7), or (e)(8) is a Class X felony for which a person shall

 

 

HB4552- 15 -LRB101 09468 SLF 54566 b

1be sentenced to a term of imprisonment of a minimum of 20 years
2and a maximum of 60 years.
3    Aggravated battery as defined in subdivision (b)(1) is a
4Class X felony, except that:
5        (1) if the person committed the offense while armed
6    with a firearm, 15 years shall be added to the term of
7    imprisonment imposed by the court;
8        (2) if, during the commission of the offense, the
9    person personally discharged a firearm, 20 years shall be
10    added to the term of imprisonment imposed by the court;
11        (3) if, during the commission of the offense, the
12    person personally discharged a firearm that proximately
13    caused great bodily harm, permanent disability, permanent
14    disfigurement, or death to another person, 25 years or up
15    to a term of natural life shall be added to the term of
16    imprisonment imposed by the court.
17    (i) Definitions. For the purposes of this Section:
18    "Building or other structure used to provide shelter" has
19the meaning ascribed to "shelter" in Section 1 of the Domestic
20Violence Shelters Act.
21    "Domestic violence" has the meaning ascribed to it in
22Section 103 of the Illinois Domestic Violence Act of 1986.
23    "Domestic violence shelter" means any building or other
24structure used to provide shelter or other services to victims
25or to the dependent children of victims of domestic violence
26pursuant to the Illinois Domestic Violence Act of 1986 or the

 

 

HB4552- 16 -LRB101 09468 SLF 54566 b

1Domestic Violence Shelters Act, or any place within 500 feet of
2such a building or other structure in the case of a person who
3is going to or from such a building or other structure.
4    "Firearm" has the meaning provided under Section 1.1 of the
5Firearm Owners Identification Card Act, and does not include an
6air rifle as defined by Section 24.8-0.1 of this Code.
7    "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9    "Merchant" has the meaning ascribed to it in Section 16-0.1
10of this Code.
11    "Strangle" means intentionally impeding the normal
12breathing or circulation of the blood of an individual by
13applying pressure on the throat or neck of that individual or
14by blocking the nose or mouth of that individual.
15(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
16eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
17    (720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)
18    Sec. 18-1. Robbery; aggravated robbery.
19    (a) Robbery. A person commits robbery when he or she
20knowingly takes property, except a motor vehicle covered by
21Section 18-3 or 18-4, from the person or presence of another by
22the use of force or by threatening the imminent use of force.
23    (b) Aggravated robbery.
24        (1) A person commits aggravated robbery when he or she
25    violates subsection (a) while indicating verbally or by his

 

 

HB4552- 17 -LRB101 09468 SLF 54566 b

1    or her actions to the victim that he or she is presently
2    armed with a firearm or other dangerous weapon, including a
3    knife, club, ax, or bludgeon. This offense shall be
4    applicable even though it is later determined that he or
5    she had no firearm or other dangerous weapon, including a
6    knife, club, ax, or bludgeon, in his or her possession when
7    he or she committed the robbery.
8        (2) A person commits aggravated robbery when he or she
9    knowingly takes property from the person or presence of
10    another by delivering (by injection, inhalation,
11    ingestion, transfer of possession, or any other means) to
12    the victim without his or her consent, or by threat or
13    deception, and for other than medical purposes, any
14    controlled substance.
15    (c) Sentence.
16    Robbery is a Class 2 felony, unless the victim is 60 years
17of age or over or is a person with a physical disability, or
18the robbery is committed in a school, day care center, day care
19home, group day care home, or part day child care facility,
20pharmacy, or place of worship, in which case robbery is a Class
211 felony. Aggravated robbery is a Class 1 felony.
22    (d) Regarding penalties prescribed in subsection (c) for
23violations committed in a day care center, day care home, group
24day care home, or part day child care facility, the time of
25day, time of year, and whether children under 18 years of age
26were present in the day care center, day care home, group day

 

 

HB4552- 18 -LRB101 09468 SLF 54566 b

1care home, or part day child care facility are irrelevant.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
4    Sec. 19-1. Burglary.
5    (a) A person commits burglary when without authority he or
6she knowingly enters or without authority remains within a
7building, housetrailer, watercraft, aircraft, motor vehicle,
8railroad car, or any part thereof, with intent to commit
9therein a felony or theft. This offense shall not include the
10offenses set out in Section 4-102 of the Illinois Vehicle Code.
11    (b) Sentence.
12    Burglary committed in, and without causing damage to, a
13watercraft, aircraft, motor vehicle, railroad car, or any part
14thereof is a Class 3 felony. Burglary committed in a building,
15housetrailer, or any part thereof or while causing damage to a
16watercraft, aircraft, motor vehicle, railroad car, or any part
17thereof is a Class 2 felony. A burglary committed in a school,
18day care center, day care home, group day care home, or part
19day child care facility, pharmacy, or place of worship is a
20Class 1 felony, except that this provision does not apply to a
21day care center, day care home, group day care home, or part
22day child care facility operated in a private residence used as
23a dwelling.
24    (c) Regarding penalties prescribed in subsection (b) for
25violations committed in a day care center, day care home, group

 

 

HB4552- 19 -LRB101 09468 SLF 54566 b

1day care home, or part day child care facility, the time of
2day, time of year, and whether children under 18 years of age
3were present in the day care center, day care home, group day
4care home, or part day child care facility are irrelevant.
5(Source: P.A. 100-3, eff. 1-1-18.)
 
6    Section 10. The Illinois Controlled Substances Act is
7amended by changing Section 401 as follows:
 
8    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)
9    Sec. 401. Manufacture or delivery, or possession with
10intent to manufacture or deliver, a controlled substance, a
11counterfeit substance, or controlled substance analog. Except
12as authorized by this Act, it is unlawful for any person
13knowingly to manufacture or deliver, or possess with intent to
14manufacture or deliver, a controlled substance other than
15methamphetamine and other than bath salts as defined in the
16Bath Salts Prohibition Act sold or offered for sale in a retail
17mercantile establishment as defined in Section 16-0.1 of the
18Criminal Code of 2012, a counterfeit substance, or a controlled
19substance analog. A violation of this Act with respect to each
20of the controlled substances listed herein constitutes a single
21and separate violation of this Act. For purposes of this
22Section, "controlled substance analog" or "analog" means a
23substance, other than a controlled substance, which is not
24approved by the United States Food and Drug Administration or,

 

 

HB4552- 20 -LRB101 09468 SLF 54566 b

1if approved, is not dispensed or possessed in accordance with
2State or federal law, and that has a chemical structure
3substantially similar to that of a controlled substance in
4Schedule I or II, or that was specifically designed to produce
5an effect substantially similar to that of a controlled
6substance in Schedule I or II. Examples of chemical classes in
7which controlled substance analogs are found include, but are
8not limited to, the following: phenethylamines, N-substituted
9piperidines, morphinans, ecgonines, quinazolinones,
10substituted indoles, and arylcycloalkylamines. For purposes of
11this Act, a controlled substance analog shall be treated in the
12same manner as the controlled substance to which it is
13substantially similar.
14    (a) Any person who violates this Section with respect to
15the following amounts of controlled or counterfeit substances
16or controlled substance analogs, notwithstanding any of the
17provisions of subsections (c), (d), (e), (f), (g) or (h) to the
18contrary, is guilty of a Class X felony and shall be sentenced
19to a term of imprisonment as provided in this subsection (a)
20and fined as provided in subsection (b):
21        (1)(A) not less than 6 years and not more than 30 years
22    with respect to 15 grams or more but less than 100 grams of
23    a substance containing heroin, or an analog thereof;
24        (B) not less than 9 years and not more than 40 years
25    with respect to 100 grams or more but less than 400 grams
26    of a substance containing heroin, or an analog thereof;

 

 

HB4552- 21 -LRB101 09468 SLF 54566 b

1        (C) not less than 12 years and not more than 50 years
2    with respect to 400 grams or more but less than 900 grams
3    of a substance containing heroin, or an analog thereof;
4        (D) not less than 15 years and not more than 60 years
5    with respect to 900 grams or more of any substance
6    containing heroin, or an analog thereof;
7        (1.5)(A) not less than 6 years and not more than 30
8    years with respect to 15 grams or more but less than 100
9    grams of a substance containing fentanyl, or an analog
10    thereof;
11        (B) not less than 9 years and not more than 40 years
12    with respect to 100 grams or more but less than 400 grams
13    of a substance containing fentanyl, or an analog thereof;
14        (C) not less than 12 years and not more than 50 years
15    with respect to 400 grams or more but less than 900 grams
16    of a substance containing fentanyl, or an analog thereof;
17        (D) not less than 15 years and not more than 60 years
18    with respect to 900 grams or more of a substance containing
19    fentanyl, or an analog thereof;
20        (2)(A) not less than 6 years and not more than 30 years
21    with respect to 15 grams or more but less than 100 grams of
22    a substance containing cocaine, or an analog thereof;
23        (B) not less than 9 years and not more than 40 years
24    with respect to 100 grams or more but less than 400 grams
25    of a substance containing cocaine, or an analog thereof;
26        (C) not less than 12 years and not more than 50 years

 

 

HB4552- 22 -LRB101 09468 SLF 54566 b

1    with respect to 400 grams or more but less than 900 grams
2    of a substance containing cocaine, or an analog thereof;
3        (D) not less than 15 years and not more than 60 years
4    with respect to 900 grams or more of any substance
5    containing cocaine, or an analog thereof;
6        (3)(A) not less than 6 years and not more than 30 years
7    with respect to 15 grams or more but less than 100 grams of
8    a substance containing morphine, or an analog thereof;
9        (B) not less than 9 years and not more than 40 years
10    with respect to 100 grams or more but less than 400 grams
11    of a substance containing morphine, or an analog thereof;
12        (C) not less than 12 years and not more than 50 years
13    with respect to 400 grams or more but less than 900 grams
14    of a substance containing morphine, or an analog thereof;
15        (D) not less than 15 years and not more than 60 years
16    with respect to 900 grams or more of a substance containing
17    morphine, or an analog thereof;
18        (4) 200 grams or more of any substance containing
19    peyote, or an analog thereof;
20        (5) 200 grams or more of any substance containing a
21    derivative of barbituric acid or any of the salts of a
22    derivative of barbituric acid, or an analog thereof;
23        (6) 200 grams or more of any substance containing
24    amphetamine or any salt of an optical isomer of
25    amphetamine, or an analog thereof;
26        (6.5) (blank);

 

 

HB4552- 23 -LRB101 09468 SLF 54566 b

1        (6.6) (blank);
2        (7)(A) not less than 6 years and not more than 30 years
3    with respect to: (i) 15 grams or more but less than 100
4    grams of a substance containing lysergic acid diethylamide
5    (LSD), or an analog thereof, or (ii) 15 or more objects or
6    15 or more segregated parts of an object or objects but
7    less than 200 objects or 200 segregated parts of an object
8    or objects containing in them or having upon them any
9    amounts of any substance containing lysergic acid
10    diethylamide (LSD), or an analog thereof;
11        (B) not less than 9 years and not more than 40 years
12    with respect to: (i) 100 grams or more but less than 400
13    grams of a substance containing lysergic acid diethylamide
14    (LSD), or an analog thereof, or (ii) 200 or more objects or
15    200 or more segregated parts of an object or objects but
16    less than 600 objects or less than 600 segregated parts of
17    an object or objects containing in them or having upon them
18    any amount of any substance containing lysergic acid
19    diethylamide (LSD), or an analog thereof;
20        (C) not less than 12 years and not more than 50 years
21    with respect to: (i) 400 grams or more but less than 900
22    grams of a substance containing lysergic acid diethylamide
23    (LSD), or an analog thereof, or (ii) 600 or more objects or
24    600 or more segregated parts of an object or objects but
25    less than 1500 objects or 1500 segregated parts of an
26    object or objects containing in them or having upon them

 

 

HB4552- 24 -LRB101 09468 SLF 54566 b

1    any amount of any substance containing lysergic acid
2    diethylamide (LSD), or an analog thereof;
3        (D) not less than 15 years and not more than 60 years
4    with respect to: (i) 900 grams or more of any substance
5    containing lysergic acid diethylamide (LSD), or an analog
6    thereof, or (ii) 1500 or more objects or 1500 or more
7    segregated parts of an object or objects containing in them
8    or having upon them any amount of a substance containing
9    lysergic acid diethylamide (LSD), or an analog thereof;
10    (7.5)(A) not less than 6 years and not more than 30 years
11    with respect to: (i) 15 grams or more but less than 100
12    grams of a substance listed in paragraph (1), (2), (2.1),
13    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
14    of subsection (d) of Section 204, or an analog or
15    derivative thereof, or (ii) 15 or more pills, tablets,
16    caplets, capsules, or objects but less than 200 pills,
17    tablets, caplets, capsules, or objects containing in them
18    or having upon them any amounts of any substance listed in
19    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
20    (20.1), (21), (25), or (26) of subsection (d) of Section
21    204, or an analog or derivative thereof;
22        (B) not less than 9 years and not more than 40 years
23    with respect to: (i) 100 grams or more but less than 400
24    grams of a substance listed in paragraph (1), (2), (2.1),
25    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
26    of subsection (d) of Section 204, or an analog or

 

 

HB4552- 25 -LRB101 09468 SLF 54566 b

1    derivative thereof, or (ii) 200 or more pills, tablets,
2    caplets, capsules, or objects but less than 600 pills,
3    tablets, caplets, capsules, or objects containing in them
4    or having upon them any amount of any substance listed in
5    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
6    (20.1), (21), (25), or (26) of subsection (d) of Section
7    204, or an analog or derivative thereof;
8        (C) not less than 12 years and not more than 50 years
9    with respect to: (i) 400 grams or more but less than 900
10    grams of a substance listed in paragraph (1), (2), (2.1),
11    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
12    of subsection (d) of Section 204, or an analog or
13    derivative thereof, or (ii) 600 or more pills, tablets,
14    caplets, capsules, or objects but less than 1,500 pills,
15    tablets, caplets, capsules, or objects containing in them
16    or having upon them any amount of any substance listed in
17    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
18    (20.1), (21), (25), or (26) of subsection (d) of Section
19    204, or an analog or derivative thereof;
20        (D) not less than 15 years and not more than 60 years
21    with respect to: (i) 900 grams or more of any substance
22    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
23    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
24    of Section 204, or an analog or derivative thereof, or (ii)
25    1,500 or more pills, tablets, caplets, capsules, or objects
26    containing in them or having upon them any amount of a

 

 

HB4552- 26 -LRB101 09468 SLF 54566 b

1    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
2    (14.1), (19), (20), (20.1), (21), (25), or (26) of
3    subsection (d) of Section 204, or an analog or derivative
4    thereof;
5        (8) 30 grams or more of any substance containing
6    pentazocine or any of the salts, isomers and salts of
7    isomers of pentazocine, or an analog thereof;
8        (9) 30 grams or more of any substance containing
9    methaqualone or any of the salts, isomers and salts of
10    isomers of methaqualone, or an analog thereof;
11        (10) 30 grams or more of any substance containing
12    phencyclidine or any of the salts, isomers and salts of
13    isomers of phencyclidine (PCP), or an analog thereof;
14        (10.5) 30 grams or more of any substance containing
15    ketamine or any of the salts, isomers and salts of isomers
16    of ketamine, or an analog thereof;
17        (10.6) 100 grams or more of any substance containing
18    hydrocodone, or any of the salts, isomers and salts of
19    isomers of hydrocodone, or an analog thereof;
20        (10.7) (blank);
21        (10.8) 100 grams or more of any substance containing
22    dihydrocodeine, or any of the salts, isomers and salts of
23    isomers of dihydrocodeine, or an analog thereof;
24        (10.9) 100 grams or more of any substance containing
25    oxycodone, or any of the salts, isomers and salts of
26    isomers of oxycodone, or an analog thereof;

 

 

HB4552- 27 -LRB101 09468 SLF 54566 b

1        (11) 200 grams or more of any substance containing any
2    other controlled substance classified in Schedules I or II,
3    or an analog thereof, which is not otherwise included in
4    this subsection.
5    (b) Any person sentenced with respect to violations of
6paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
7involving 100 grams or more of the controlled substance named
8therein, may in addition to the penalties provided therein, be
9fined an amount not more than $500,000 or the full street value
10of the controlled or counterfeit substance or controlled
11substance analog, whichever is greater. The term "street value"
12shall have the meaning ascribed in Section 110-5 of the Code of
13Criminal Procedure of 1963. Any person sentenced with respect
14to any other provision of subsection (a), may in addition to
15the penalties provided therein, be fined an amount not to
16exceed $500,000.
17    (b-1) Excluding violations of this Act when the controlled
18substance is fentanyl, any person sentenced to a term of
19imprisonment with respect to violations of Section 401, 401.1,
20405, 405.1, 405.2, or 407, when the substance containing the
21controlled substance contains any amount of fentanyl, 3 years
22shall be added to the term of imprisonment imposed by the
23court, and the maximum sentence for the offense shall be
24increased by 3 years.
25    (c) Any person who violates this Section with regard to the
26following amounts of controlled or counterfeit substances or

 

 

HB4552- 28 -LRB101 09468 SLF 54566 b

1controlled substance analogs, notwithstanding any of the
2provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
3to the contrary, is guilty of a Class 1 felony. The fine for
4violation of this subsection (c) shall not be more than
5$250,000:
6        (1) 1 gram or more but less than 15 grams of any
7    substance containing heroin, or an analog thereof;
8        (1.5) 1 gram or more but less than 15 grams of any
9    substance containing fentanyl, or an analog thereof;
10        (2) 1 gram or more but less than 15 grams of any
11    substance containing cocaine, or an analog thereof;
12        (3) 10 grams or more but less than 15 grams of any
13    substance containing morphine, or an analog thereof;
14        (4) 50 grams or more but less than 200 grams of any
15    substance containing peyote, or an analog thereof;
16        (5) 50 grams or more but less than 200 grams of any
17    substance containing a derivative of barbituric acid or any
18    of the salts of a derivative of barbituric acid, or an
19    analog thereof;
20        (6) 50 grams or more but less than 200 grams of any
21    substance containing amphetamine or any salt of an optical
22    isomer of amphetamine, or an analog thereof;
23        (6.5) (blank);
24        (7)(i) 5 grams or more but less than 15 grams of any
25    substance containing lysergic acid diethylamide (LSD), or
26    an analog thereof, or (ii) more than 10 objects or more

 

 

HB4552- 29 -LRB101 09468 SLF 54566 b

1    than 10 segregated parts of an object or objects but less
2    than 15 objects or less than 15 segregated parts of an
3    object containing in them or having upon them any amount of
4    any substance containing lysergic acid diethylamide (LSD),
5    or an analog thereof;
6        (7.5)(i) 5 grams or more but less than 15 grams of any
7    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
8    (14.1), (19), (20), (20.1), (21), (25), or (26) of
9    subsection (d) of Section 204, or an analog or derivative
10    thereof, or (ii) more than 10 pills, tablets, caplets,
11    capsules, or objects but less than 15 pills, tablets,
12    caplets, capsules, or objects containing in them or having
13    upon them any amount of any substance listed in paragraph
14    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
15    (21), (25), or (26) of subsection (d) of Section 204, or an
16    analog or derivative thereof;
17        (8) 10 grams or more but less than 30 grams of any
18    substance containing pentazocine or any of the salts,
19    isomers and salts of isomers of pentazocine, or an analog
20    thereof;
21        (9) 10 grams or more but less than 30 grams of any
22    substance containing methaqualone or any of the salts,
23    isomers and salts of isomers of methaqualone, or an analog
24    thereof;
25        (10) 10 grams or more but less than 30 grams of any
26    substance containing phencyclidine or any of the salts,

 

 

HB4552- 30 -LRB101 09468 SLF 54566 b

1    isomers and salts of isomers of phencyclidine (PCP), or an
2    analog thereof;
3        (10.5) 10 grams or more but less than 30 grams of any
4    substance containing ketamine or any of the salts, isomers
5    and salts of isomers of ketamine, or an analog thereof;
6        (10.6) 50 grams or more but less than 100 grams of any
7    substance containing hydrocodone, or any of the salts,
8    isomers and salts of isomers of hydrocodone, or an analog
9    thereof;
10        (10.7) (blank);
11        (10.8) 50 grams or more but less than 100 grams of any
12    substance containing dihydrocodeine, or any of the salts,
13    isomers and salts of isomers of dihydrocodeine, or an
14    analog thereof;
15        (10.9) 50 grams or more but less than 100 grams of any
16    substance containing oxycodone, or any of the salts,
17    isomers and salts of isomers of oxycodone, or an analog
18    thereof;
19        (11) 50 grams or more but less than 200 grams of any
20    substance containing a substance classified in Schedules I
21    or II, or an analog thereof, which is not otherwise
22    included in this subsection.
23    (c-5) (Blank).
24    (d) Any person who violates this Section with regard to any
25other amount of a controlled or counterfeit substance
26containing dihydrocodeine or classified in Schedules I or II,

 

 

HB4552- 31 -LRB101 09468 SLF 54566 b

1or an analog thereof, which is (i) a narcotic drug, (ii)
2lysergic acid diethylamide (LSD) or an analog thereof, (iii)
3any substance containing amphetamine or fentanyl or any salt or
4optical isomer of amphetamine or fentanyl, or an analog
5thereof, or (iv) any substance containing N-Benzylpiperazine
6(BZP) or any salt or optical isomer of N-Benzylpiperazine
7(BZP), or an analog thereof, is guilty of a Class 2 felony. The
8fine for violation of this subsection (d) shall not be more
9than $200,000.
10    (d-5) (Blank).
11    (d-7) Any person who violates this Section with regard to
12any other amount of a controlled substance classified in
13Schedule II, III, IV, or V that was illegally and directly
14obtained from a pharmacy, either through robbery, as defined in
15Section 18-1 of the Criminal Code of 2012, or burglary, as
16defined in Section 19-1 of the Criminal Code of 2012, which
17substance is not included under subsection (d) of this Section,
18is guilty of a Class 2 felony. The fine for violation of this
19subsection (d-7) shall not be more than $200,000.
20    (e) Any person who violates this Section with regard to any
21other amount of a controlled substance other than
22methamphetamine or counterfeit substance classified in
23Schedule I or II, or an analog thereof, which substance is not
24included under subsection (d) of this Section, is guilty of a
25Class 3 felony. The fine for violation of this subsection (e)
26shall not be more than $150,000.

 

 

HB4552- 32 -LRB101 09468 SLF 54566 b

1    (f) Any person who violates this Section with regard to any
2other amount of a controlled or counterfeit substance
3classified in Schedule III is guilty of a Class 3 felony. The
4fine for violation of this subsection (f) shall not be more
5than $125,000.
6    (g) Any person who violates this Section with regard to any
7other amount of a controlled or counterfeit substance
8classified in Schedule IV is guilty of a Class 3 felony. The
9fine for violation of this subsection (g) shall not be more
10than $100,000.
11    (h) Any person who violates this Section with regard to any
12other amount of a controlled or counterfeit substance
13classified in Schedule V is guilty of a Class 3 felony. The
14fine for violation of this subsection (h) shall not be more
15than $75,000.
16    (i) This Section does not apply to the manufacture,
17possession or distribution of a substance in conformance with
18the provisions of an approved new drug application or an
19exemption for investigational use within the meaning of Section
20505 of the Federal Food, Drug and Cosmetic Act.
21    (j) (Blank).
22(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
23100-368, eff. 1-1-18.)
 
24    Section 99. Effective date. This Act takes effect January
251, 2020.