Full Text of HB1584 101st General Assembly
HB1584 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1584 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
|
720 ILCS 570/402 | from Ch. 56 1/2, par. 1402 |
|
Amends the Illinois Controlled Substances Act. Provides that any person who knowingly possesses a controlled or counterfeit substance or controlled substance analog with respect to fentanyl is guilty of a Class 1 felony and shall, if sentenced to a term
of imprisonment, be sentenced as follows: (1) not less than 4 years and not more than 15 years with respect
to 15 grams or more but less than 100 grams of a substance containing fentanyl; (2) not less than 6 years and not more than 30 years with respect to 100
grams or more but less than 400 grams of a substance containing fentanyl; (3) not less than 8 years and not more than 40 years with respect to 400
grams or more but less than 900 grams of any substance containing fentanyl; and (4) not less than 10 years and not more than 50 years with respect to
900 grams or more of any substance containing fentanyl.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB1584 | | LRB101 06632 SLF 51659 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 402 as follows:
| 6 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 7 | | Sec. 402. Except as otherwise authorized by this Act, it is | 8 | | unlawful for
any person knowingly to possess a controlled or | 9 | | counterfeit substance or controlled substance analog.
A | 10 | | violation of this Act with respect to each of the controlled | 11 | | substances
listed herein constitutes a single and separate | 12 | | violation of this Act. For purposes of this Section, | 13 | | "controlled substance analog" or "analog"
means a substance, | 14 | | other than a controlled substance, which is not approved by the | 15 | | United States Food and Drug Administration or, if approved, is | 16 | | not dispensed or possessed in accordance with State or federal | 17 | | law, and that has a chemical structure substantially similar to | 18 | | that of a controlled
substance in Schedule I or II, or that was | 19 | | specifically designed to produce
an effect substantially | 20 | | similar to that of a controlled substance in Schedule
I or II. | 21 | | Examples of chemical classes in which controlled substance | 22 | | analogs
are found include, but are not limited to, the | 23 | | following: phenethylamines,
N-substituted piperidines, |
| | | HB1584 | - 2 - | LRB101 06632 SLF 51659 b |
|
| 1 | | morphinans, ecgonines, quinazolinones, substituted
indoles, | 2 | | and arylcycloalkylamines. For purposes of this Act, a | 3 | | controlled
substance analog shall be treated in the same manner | 4 | | as the controlled
substance to which it is substantially | 5 | | similar.
| 6 | | (a) Any person who violates this Section with respect to | 7 | | the following
controlled or counterfeit substances and | 8 | | amounts, notwithstanding any of the
provisions of subsections | 9 | | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 10 | | shall, if sentenced to a term
of imprisonment, be sentenced as | 11 | | provided in this subsection (a) and fined
as provided in | 12 | | subsection (b):
| 13 | | (1) (A) not less than 4 years and not more than 15 | 14 | | years with respect
to 15 grams or more but less than | 15 | | 100 grams of a substance containing heroin;
| 16 | | (B) not less than 6 years and not more than 30 | 17 | | years with respect to 100
grams or more but less than | 18 | | 400 grams of a substance containing heroin;
| 19 | | (C) not less than 8 years and not more than 40 | 20 | | years with respect to 400
grams or more but less than | 21 | | 900 grams of any substance containing heroin;
| 22 | | (D) not less than 10 years and not more than 50 | 23 | | years with respect to
900 grams or more of any | 24 | | substance containing heroin;
| 25 | | (1.5) (A) not less than 4 years and not more than | 26 | | 15 years with respect
to 15 grams or more but less than |
| | | HB1584 | - 3 - | LRB101 06632 SLF 51659 b |
|
| 1 | | 100 grams of a substance containing fentanyl; | 2 | | (B) not less than 6 years and not more than 30 | 3 | | years with respect to 100
grams or more but less than | 4 | | 400 grams of a substance containing fentanyl; | 5 | | (C) not less than 8 years and not more than 40 | 6 | | years with respect to 400
grams or more but less than | 7 | | 900 grams of any substance containing fentanyl; | 8 | | (D) not less than 10 years and not more than 50 | 9 | | years with respect to
900 grams or more of any | 10 | | substance containing fentanyl; | 11 | | (2) (A) not less than 4 years and not more than 15 | 12 | | years with respect
to 15 grams or more but less than | 13 | | 100 grams of any substance containing
cocaine;
| 14 | | (B) not less than 6 years and not more than 30 | 15 | | years with respect to 100
grams or more but less than | 16 | | 400 grams of any substance containing cocaine;
| 17 | | (C) not less than 8 years and not more than 40 | 18 | | years with respect to 400
grams or more but less than | 19 | | 900 grams of any substance containing cocaine;
| 20 | | (D) not less than 10 years and not more than 50 | 21 | | years with respect to
900 grams or more of any | 22 | | substance containing cocaine;
| 23 | | (3) (A) not less than 4 years and not more than 15 | 24 | | years with respect
to 15 grams or more but less than | 25 | | 100 grams of any substance containing
morphine;
| 26 | | (B) not less than 6 years and not more than 30 |
| | | HB1584 | - 4 - | LRB101 06632 SLF 51659 b |
|
| 1 | | years with respect to 100
grams or more but less than | 2 | | 400 grams of any substance containing morphine;
| 3 | | (C) not less than 6 years and not more than 40 | 4 | | years with respect to 400
grams or more but less than | 5 | | 900 grams of any substance containing morphine;
| 6 | | (D) not less than 10 years and not more than 50 | 7 | | years with respect to
900 grams or more of any | 8 | | substance containing morphine;
| 9 | | (4) 200 grams or more of any substance containing | 10 | | peyote;
| 11 | | (5) 200 grams or more of any substance containing a | 12 | | derivative of
barbituric acid or any of the salts of a | 13 | | derivative of barbituric acid;
| 14 | | (6) 200 grams or more of any substance containing | 15 | | amphetamine or any salt
of an optical isomer of | 16 | | amphetamine;
| 17 | | (6.5) (blank);
| 18 | | (7) (A) not less than 4 years and not more than 15 | 19 | | years with respect
to: (i) 15 grams or more but less | 20 | | than 100 grams of any substance containing
lysergic | 21 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 22 | | 15 or
more objects or 15 or more segregated parts of an | 23 | | object or objects but
less than 200 objects or 200 | 24 | | segregated parts of an object or objects
containing in | 25 | | them or having upon them any amount of any substance
| 26 | | containing lysergic acid diethylamide (LSD), or an |
| | | HB1584 | - 5 - | LRB101 06632 SLF 51659 b |
|
| 1 | | analog thereof;
| 2 | | (B) not less than 6 years and not more than 30 | 3 | | years with respect
to: (i) 100 grams or more but less | 4 | | than 400 grams of any substance
containing lysergic | 5 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 6 | | 200 or more objects or 200 or more segregated parts of | 7 | | an object or objects
but less than 600 objects or less | 8 | | than 600 segregated parts of an object or
objects | 9 | | containing in them or having upon them any amount of | 10 | | any substance
containing lysergic acid diethylamide | 11 | | (LSD), or an analog thereof;
| 12 | | (C) not less than 8 years and not more than 40 | 13 | | years with respect
to: (i) 400 grams or more but less | 14 | | than 900 grams of any substance
containing lysergic | 15 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 16 | | 600 or more objects or 600 or more segregated parts of | 17 | | an object or objects
but less than 1500 objects or 1500 | 18 | | segregated parts of an object or objects
containing in | 19 | | them or having upon them any amount of any substance
| 20 | | containing lysergic acid diethylamide (LSD), or an | 21 | | analog thereof;
| 22 | | (D) not less than 10 years and not more than 50 | 23 | | years with respect
to: (i) 900 grams or more of any | 24 | | substance containing lysergic acid
diethylamide (LSD), | 25 | | or an analog thereof, or (ii) 1500 or more objects or
| 26 | | 1500 or more segregated parts of an object or objects |
| | | HB1584 | - 6 - | LRB101 06632 SLF 51659 b |
|
| 1 | | containing in them or
having upon them any amount of a | 2 | | substance containing lysergic acid
diethylamide (LSD), | 3 | | or an analog thereof;
| 4 | | (7.5) (A) not less than 4 years and not more than 15 | 5 | | years with respect
to: (i) 15
grams or more but
less | 6 | | than 100 grams of any substance listed in paragraph | 7 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 8 | | (20.1), (21), (25), or (26) of subsection (d) of | 9 | | Section 204, or an
analog or derivative
thereof, or | 10 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 11 | | objects but
less than 200 pills,
tablets, caplets, | 12 | | capsules, or objects containing in them or having upon | 13 | | them
any amount 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;
| 17 | | (B) not less than 6 years and not more than 30 | 18 | | years with respect to: (i)
100
grams or more but
less | 19 | | than 400 grams of any substance listed in paragraph | 20 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 21 | | (20.1), (21), (25), or (26) of subsection (d) of | 22 | | Section 204, or an analog or
derivative thereof, or
| 23 | | (ii) 200 or more pills, tablets, caplets, capsules, or | 24 | | objects but less than
600
pills, tablets,
caplets, | 25 | | capsules, or objects containing in them or having upon | 26 | | them any amount
of any
substance
listed in paragraph |
| | | HB1584 | - 7 - | LRB101 06632 SLF 51659 b |
|
| 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;
| 4 | | (C) not less than 8 years and not more than 40 | 5 | | years with respect to: (i)
400
grams or more but
less | 6 | | than 900 grams of any substance listed in paragraph | 7 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 8 | | (20.1), (21), (25), or (26) of subsection (d) of | 9 | | Section 204, or an analog or
derivative thereof,
or | 10 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 11 | | objects but less than
1,500 pills, tablets,
caplets, | 12 | | capsules, or objects containing in them or having upon | 13 | | them any amount
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;
| 17 | | (D) not less than 10 years and not more than 50 | 18 | | years with respect to:
(i)
900 grams or more of
any | 19 | | substance listed in paragraph (1), (2), (2.1), (2.2), | 20 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 21 | | subsection (d) of Section 204, or an analog or | 22 | | derivative thereof, or (ii)
1,500 or more pills,
| 23 | | tablets, caplets, capsules, or objects containing in | 24 | | them or having upon them
any amount of a
substance | 25 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 26 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
|
| | | HB1584 | - 8 - | LRB101 06632 SLF 51659 b |
|
| 1 | | subsection (d) of Section 204, or an analog or | 2 | | derivative thereof;
| 3 | | (8) 30 grams or more of any substance containing | 4 | | pentazocine or any of
the salts, isomers and salts of | 5 | | isomers of pentazocine, or an analog thereof;
| 6 | | (9) 30 grams or more of any substance containing | 7 | | methaqualone or any
of the salts, isomers and salts of | 8 | | isomers of methaqualone;
| 9 | | (10) 30 grams or more of any substance containing | 10 | | phencyclidine or any
of the salts, isomers and salts of | 11 | | isomers of phencyclidine (PCP);
| 12 | | (10.5) 30 grams or more of any substance containing | 13 | | ketamine or any of
the salts, isomers and salts of isomers | 14 | | of ketamine;
| 15 | | (11) 200 grams or more of any substance containing any | 16 | | substance
classified as a narcotic drug in Schedules I or | 17 | | II, or an analog thereof, which is not otherwise
included | 18 | | in this subsection.
| 19 | | (b) Any person sentenced with respect to violations of | 20 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 21 | | involving 100
grams or more of the
controlled substance named | 22 | | therein, may in addition to the penalties
provided therein, be | 23 | | fined an amount not to exceed $200,000 or the full
street value | 24 | | of the controlled or counterfeit substances, whichever is
| 25 | | greater. The term "street value" shall have the meaning
| 26 | | ascribed in Section 110-5 of the Code of Criminal Procedure of |
| | | HB1584 | - 9 - | LRB101 06632 SLF 51659 b |
|
| 1 | | 1963. Any
person sentenced with respect to any other provision | 2 | | of subsection (a), may
in addition to the penalties provided | 3 | | therein, be fined an amount not to
exceed $200,000.
| 4 | | (c) Any person who violates this Section with regard to an | 5 | | amount
of a controlled substance other than methamphetamine or | 6 | | counterfeit substance not set forth in
subsection (a) or (d) is | 7 | | guilty of a Class 4 felony. The fine for a
violation punishable | 8 | | under this subsection (c) shall not be more
than $25,000.
| 9 | | (d) Any person who violates this Section with regard to any | 10 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
| 11 | | for the first offense and a Class B misdemeanor for a | 12 | | subsequent offense
committed within 2 years of a prior | 13 | | conviction.
| 14 | | (Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18 .)
|
|