Full Text of HB2582 94th General Assembly
HB2582eng 94TH GENERAL ASSEMBLY
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HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 401 and 402 as follows:
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| (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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| Sec. 401. Except as authorized by this Act, it is unlawful | 8 |
| for any
person knowingly to: (i) manufacture or deliver, or | 9 |
| possess with intent to
manufacture or deliver, a controlled or | 10 |
| counterfeit substance or controlled
substance analog or (ii) | 11 |
| possess any methamphetamine manufacturing chemical
listed in | 12 |
| paragraph (z-1) of Section 102 with the intent to manufacture
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| methamphetamine or the salt of an optical isomer of | 14 |
| methamphetamine or an
analog thereof. A violation of this Act | 15 |
| with respect to each of the controlled
substances listed herein | 16 |
| constitutes a single and separate violation of this
Act. For | 17 |
| purposes of this Section, "controlled substance analog" or | 18 |
| "analog"
means a substance
which is intended for human | 19 |
| consumption, other than a controlled substance,
that has a | 20 |
| chemical structure substantially similar to that of a | 21 |
| controlled
substance in Schedule I or II, or that was | 22 |
| specifically designed to produce
an effect substantially | 23 |
| similar to that of a controlled substance in Schedule
I or II. | 24 |
| Examples of chemical classes in which controlled substance | 25 |
| analogs
are found include, but are not limited to, the | 26 |
| following: phenethylamines,
N-substituted piperidines, | 27 |
| morphinans, ecgonines, quinazolinones, substituted
indoles, | 28 |
| and arylcycloalkylamines. For purposes of this Act, a | 29 |
| controlled
substance analog shall be treated in the same manner | 30 |
| as the controlled
substance to which it is substantially | 31 |
| similar.
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| (a) Any person who violates this Section with respect to |
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LRB094 08080 RLC 38264 b |
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| the following
amounts of controlled or counterfeit substances | 2 |
| or controlled substance
analogs, notwithstanding any of the | 3 |
| provisions of subsections (c), (c-5),
(d), (d-5), (e), (f), (g) | 4 |
| or (h) to the contrary, is guilty of a Class X felony
and shall | 5 |
| be sentenced to a term of imprisonment as provided in this | 6 |
| subsection
(a) and fined as provided in subsection (b):
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| (1) (A) not less than 6 years and not more than 30 | 8 |
| years with respect
to : (i) 15 grams or more but less | 9 |
| than 100 grams of a substance containing
heroin, or an | 10 |
| analog thereof , or (ii) 15 or
more objects or 15 or | 11 |
| more segregated parts of an object or objects, or | 12 |
| number of objects intended to be segregated or derived | 13 |
| from an object or objects, but
less than 200 objects or | 14 |
| 200 segregated parts of an object or objects, or number | 15 |
| of objects intended to be segregated or derived from an | 16 |
| object or objects,
containing in them or having upon | 17 |
| them any amounts of any substance
containing heroin, or | 18 |
| an analog thereof ;
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| (B) not less than 9 years and not more than 40 | 20 |
| years with respect to : (i) 100
grams or more but less | 21 |
| than 400 grams of a substance containing heroin, or
an | 22 |
| analog thereof , or (ii) 200 or more
objects or 200 or | 23 |
| more segregated parts of an object or objects, or | 24 |
| number of objects intended to be segregated or derived | 25 |
| from an object or objects,
but less
than 600 objects or | 26 |
| less than 600 segregated parts of an object or objects, | 27 |
| or number of objects intended to be segregated or | 28 |
| derived from an object or objects,
containing in them | 29 |
| or having upon them any amount of any substance
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| containing heroin, or an analog thereof ;
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| (C) not less than 12 years and not more than 50 | 32 |
| years with respect to : (i)
400 grams or more but less | 33 |
| than 900 grams of a substance containing heroin,
or an | 34 |
| analog thereof , or (ii) 600 or more
objects or 600 or | 35 |
| more segregated parts of an object or objects, or | 36 |
| number of objects intended to be segregated or derived |
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LRB094 08080 RLC 38264 b |
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| from an object or objects,
but less
than 1500 objects | 2 |
| or 1500 segregated parts of an object or objects, or | 3 |
| number of objects intended to be segregated or derived | 4 |
| from an object or objects,
containing in them or having | 5 |
| upon them any amount of any substance
containing | 6 |
| heroin, or an analog thereof ;
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| (D) not less than 15 years and not more than 60 | 8 |
| years with respect to : (i)
900 grams or more of any | 9 |
| substance containing heroin, or an analog thereof , or | 10 |
| (ii) 1500 or more objects or
1500 or more segregated | 11 |
| parts of an object or objects, or number of objects | 12 |
| intended to be segregated or derived from an object or | 13 |
| objects,
containing in them or
having upon them any | 14 |
| amount of a substance containing heroin, or an analog | 15 |
| thereof ;
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| (2) (A) not less than 6 years and not more than 30 | 17 |
| years with respect
to 15 grams or more but less than | 18 |
| 100 grams of a substance containing
cocaine, or an | 19 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 21 |
| years with respect to 100
grams or more but less than | 22 |
| 400 grams of a substance containing cocaine, or
an | 23 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 25 |
| years with respect to
400 grams or more but less than | 26 |
| 900 grams of a substance containing cocaine,
or an | 27 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 29 |
| years with respect to
900 grams or more of any | 30 |
| substance containing cocaine, or an analog thereof;
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| (3) (A) not less than 6 years and not more than 30 | 32 |
| years with respect
to 15 grams or more but less than | 33 |
| 100 grams of a substance containing
morphine, or an | 34 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 36 |
| years with respect to
100 grams or more but less than |
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| 400 grams of a substance containing morphine,
or an | 2 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 4 |
| years with respect to
400 grams or more but less than | 5 |
| 900 grams of a substance containing
morphine, or an | 6 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 8 |
| years with respect to
900 grams or more of a substance | 9 |
| containing morphine, or an analog thereof;
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| (4) 200 grams or more of any substance containing | 11 |
| peyote, or an
analog thereof;
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| (5) 200 grams or more of any substance containing a | 13 |
| derivative of
barbituric acid or any of the salts of a | 14 |
| derivative of barbituric acid, or
an analog thereof;
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| (6) 200 grams or more of any substance containing | 16 |
| amphetamine
or any salt of an optical isomer of | 17 |
| amphetamine,
or an analog thereof;
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| (6.5) (A) not less than 6 years and not more than 30 | 19 |
| years with respect
to 15 grams or more but less than | 20 |
| 100 grams
of a substance containing methamphetamine or | 21 |
| any salt of an
optical isomer of methamphetamine, or an | 22 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 24 |
| years with respect to 100
grams or more but less than | 25 |
| 400 grams of a substance containing methamphetamine
or | 26 |
| any salt of an optical isomer of methamphetamine, or an | 27 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 29 |
| years with respect
to 400 grams or more but less than | 30 |
| 900 grams of a substance containing
methamphetamine or | 31 |
| any salt of an optical isomer of methamphetamine, or
an | 32 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 34 |
| years with respect to
900 grams or more of any | 35 |
| substance containing methamphetamine or any salt
of an | 36 |
| optical isomer of methamphetamine, or an analog |
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LRB094 08080 RLC 38264 b |
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| thereof.
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| (6.6) (A) not less than 6 years and not more than 30 | 3 |
| years for the
possession of any methamphetamine | 4 |
| manufacturing chemical set forth in
paragraph (z-1) of | 5 |
| Section 102 with intent to manufacture 30 grams or more
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| but less than 150 grams of any substance containing | 7 |
| methamphetamine, or salt
of any optical isomer of | 8 |
| methamphetamine, or an analog thereof;
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| (B) not less than 6 years and not more than 40 | 10 |
| years for the possession
of any methamphetamine | 11 |
| manufacturing chemical set forth in paragraph (z-1) of
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| Section 102 with intent to manufacture 150 grams or | 13 |
| more but less than 500
grams of any substance | 14 |
| containing methamphetamine, or salt of an optical | 15 |
| isomer
of methamphetamine, or an analog thereof;
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| (C) not less than 6 years and not more than 50 | 17 |
| years for the possession
of any methamphetamine | 18 |
| manufacturing chemical set forth in paragraph (z-1) of
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| Section 102 with intent to manufacture 500 grams or | 20 |
| more but less than 1200
grams of any substance | 21 |
| containing methamphetamine, or salt of an optical | 22 |
| isomer
of methamphetamine, or an analog thereof;
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| (D) not less than 6 years and not more than 60 | 24 |
| years for the possession
of any methamphetamine | 25 |
| manufacturing chemical set forth in paragraph (z-1) of
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| Section 102 with intent to manufacture 1200 grams or | 27 |
| more of any substance
containing methamphetamine, or | 28 |
| salt of an optical isomer of methamphetamine,
or an | 29 |
| analog thereof;
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| (7) (A) not less than 6 years and not more than 30 | 31 |
| years with respect
to: (i) 15 grams or more but less | 32 |
| than 100 grams of a substance containing
lysergic acid | 33 |
| diethylamide (LSD), or an analog thereof, or (ii) 15 or
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| more objects or 15 or more segregated parts of an | 35 |
| object or objects but
less than 200 objects or 200 | 36 |
| segregated parts of an object or objects
containing in |
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HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
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| them or having upon them any amounts of any substance
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| containing lysergic acid diethylamide (LSD), or an | 3 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 5 |
| years with respect
to: (i) 100 grams or more but less | 6 |
| than 400 grams of a substance containing
lysergic acid | 7 |
| diethylamide (LSD), or an analog thereof, or (ii) 200 | 8 |
| or more
objects or 200 or more segregated parts of an | 9 |
| object or objects but less
than 600 objects or less | 10 |
| than 600 segregated parts of an object or objects
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| containing in them or having upon them any amount of | 12 |
| any substance
containing lysergic acid diethylamide | 13 |
| (LSD), or an analog thereof;
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| (C) not less than 12 years and not more than 50 | 15 |
| years with respect
to: (i) 400 grams or more but less | 16 |
| than 900 grams of a substance containing
lysergic acid | 17 |
| diethylamide (LSD), or an analog thereof, or (ii) 600 | 18 |
| or more
objects or 600 or more segregated parts of an | 19 |
| object or objects but less
than 1500 objects or 1500 | 20 |
| segregated parts of an object or objects
containing in | 21 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 23 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 25 |
| years with respect
to: (i) 900 grams or more of any | 26 |
| substance containing lysergic acid
diethylamide (LSD), | 27 |
| or an analog thereof, or (ii) 1500 or more objects or
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| 1500 or more segregated parts of an object or objects | 29 |
| containing in them or
having upon them any amount of a | 30 |
| substance containing lysergic acid
diethylamide (LSD), | 31 |
| or an analog thereof;
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| (7.5) (A) not less than 6 years and not more than 30 | 33 |
| years with respect
to:
(i) 15
grams or more but less | 34 |
| than 100 grams of a substance listed in paragraph (1),
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| (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | 36 |
| (25), or (26) of subsection
(d) of Section 204, or an |
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LRB094 08080 RLC 38264 b |
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| analog or derivative thereof, or (ii) 15 or more
pills, | 2 |
| tablets, caplets, capsules, or objects but less than | 3 |
| 200 pills, tablets,
caplets, capsules, or objects | 4 |
| containing in them or having upon them any
amounts of | 5 |
| any substance listed in paragraph (1), (2), (2.1), (3), | 6 |
| (14.1),
(19), (20), (20.1), (21), (25), or (26) of | 7 |
| subsection (d) of Section 204, or
an analog or | 8 |
| derivative thereof;
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| (B) not less than 9 years and not more than 40 | 10 |
| years with respect to:
(i) 100 grams or more but less | 11 |
| than 400 grams of a substance listed in
paragraph (1), | 12 |
| (2), (2.1), (3), (14.1), (19), (20),
(20.1), (21), | 13 |
| (25), or (26) of subsection (d) of Section 204, or an | 14 |
| analog or
derivative thereof, or (ii) 200 or more | 15 |
| pills, tablets, caplets, capsules, or
objects but less | 16 |
| than 600 pills, tablets, caplets, capsules, or objects
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| containing in them or having upon them any amount of | 18 |
| any substance listed in
paragraph (1), (2), (2.1), (3), | 19 |
| (14.1), (19), (20), (20.1), (21), (25), or (26)
of | 20 |
| subsection (d) of Section 204, or an analog or | 21 |
| derivative thereof;
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| (C) not less than 12 years and not more than 50 | 23 |
| years with respect to:
(i) 400 grams or more but less | 24 |
| than 900 grams of a substance listed in
paragraph (1), | 25 |
| (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | 26 |
| (25), or (26)
of subsection (d) of Section 204, or an | 27 |
| analog or derivative thereof,
or (ii) 600 or more | 28 |
| pills, tablets, caplets, capsules, or objects but less | 29 |
| than
1,500 pills, tablets, caplets, capsules, or | 30 |
| objects
containing in them or having upon them any | 31 |
| amount of any substance listed in
paragraph (1), (2), | 32 |
| (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or | 33 |
| (26)
of subsection (d) of Section 204, or an analog or | 34 |
| derivative thereof;
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| (D) not less than 15 years and not more than 60 | 36 |
| years with respect to:
(i) 900 grams or more of any |
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LRB094 08080 RLC 38264 b |
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| substance listed in paragraph (1), (2), (2.1),
(3), | 2 |
| (14.1), (19), (20), (20.1), (21), (25), or (26) of | 3 |
| subsection (d) of
Section 204, or an analog or | 4 |
| derivative thereof, or (ii) 1,500 or more pills,
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| tablets, caplets, capsules, or objects containing in | 6 |
| them or having upon them
any amount
of a substance | 7 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19),
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| (20), (20.1), (21), (25), or (26)
of subsection (d) of | 9 |
| Section 204, or an analog or derivative thereof;
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| (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;
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| (9) 30 grams or more of any substance containing | 14 |
| methaqualone or any of
the salts, isomers and salts of | 15 |
| isomers of methaqualone, or an analog thereof;
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| (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),
or an analog thereof;
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| (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,
or an analog thereof;
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| (11) 200 grams or more of any substance containing any | 23 |
| other controlled
substance classified in Schedules I or II, | 24 |
| or an analog thereof, which is
not otherwise included in | 25 |
| this subsection.
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| (b) Any person sentenced with respect to violations of | 27 |
| paragraph (1),
(2), (3), (6.5), (6.6), (7), or (7.5) of | 28 |
| subsection (a) involving
100 grams or
more of the
controlled | 29 |
| substance named therein, may in addition to the penalties
| 30 |
| provided therein, be fined an amount not more than $500,000 or | 31 |
| the full
street value of the controlled or counterfeit | 32 |
| substance or controlled substance
analog, whichever is | 33 |
| greater. The term "street value" shall have the
meaning | 34 |
| ascribed in Section 110-5 of the Code of Criminal Procedure of
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| 1963. Any person sentenced with respect to any other provision | 36 |
| of
subsection (a), may in addition to the penalties provided |
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HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
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| therein, be fined
an amount not to exceed $500,000.
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| (c) Any person who violates this Section with regard to the
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| following amounts of controlled or counterfeit substances
or | 4 |
| controlled substance analogs, notwithstanding any of the | 5 |
| provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 6 |
| to the
contrary, is guilty of a Class 1 felony. The fine for | 7 |
| violation of this
subsection (c) shall not be more than | 8 |
| $250,000:
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| (1) (i) 1 gram or more but less than 15 grams of any
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| substance containing heroin, or an analog thereof ,
or (ii)
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| more than 10 objects or more than 10 segregated parts of an | 12 |
| object or objects, or number of objects intended to be | 13 |
| segregated or derived from an object or objects,
but less | 14 |
| than 15 objects or less than 15 segregated parts of an | 15 |
| object, or number of objects intended to be segregated or | 16 |
| derived from an object or objects,
containing in them or | 17 |
| having upon them any amount of any substance
containing | 18 |
| heroin, or an analog thereof ;
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| (2) 1 gram or more but less than 15
grams of any | 20 |
| substance containing cocaine, or an analog thereof;
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| (3) 10 grams or more but less than 15 grams of any | 22 |
| substance
containing morphine, or an analog thereof;
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| (4) 50 grams or more but less than 200 grams of any | 24 |
| substance
containing peyote, or an analog thereof;
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| (5) 50 grams or more but less than 200 grams of any | 26 |
| substance
containing a derivative of barbituric acid or any | 27 |
| of the salts of a
derivative of barbituric acid, or an | 28 |
| analog thereof;
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| (6) 50 grams or more but less than 200 grams of any | 30 |
| substance
containing amphetamine or any salt of an optical | 31 |
| isomer
of amphetamine, or an analog thereof;
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| (6.5) 5 grams or more but less than 15 grams of any | 33 |
| substance containing
methamphetamine or any salt or | 34 |
| optical isomer of methamphetamine, or an analog
thereof;
| 35 |
| (7) (i) 5 grams or more but less than 15 grams of any | 36 |
| substance
containing lysergic acid diethylamide (LSD), or |
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LRB094 08080 RLC 38264 b |
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| an analog thereof,
or (ii)
more than 10 objects or more | 2 |
| than 10 segregated parts of an object or objects
but less | 3 |
| than 15 objects or less than 15 segregated parts of an | 4 |
| object
containing in them or having upon them any amount of | 5 |
| any substance
containing lysergic acid diethylamide (LSD), | 6 |
| or an analog thereof;
| 7 |
| (7.5) (i) 5 grams or more but less than 15 grams of any | 8 |
| substance listed
in paragraph (1), (2), (2.1), (3), (14.1), | 9 |
| (19), (20), (20.1), (21), (25), or
(26) of subsection (d) | 10 |
| of Section 204, or an analog or derivative thereof, or
(ii) | 11 |
| more than 10 pills, tablets, caplets, capsules, or objects | 12 |
| but less than
15 pills, tablets, caplets, capsules, or | 13 |
| objects containing in them or having
upon them any amount | 14 |
| of any substance listed in paragraph (1), (2), (2.1),
(3), | 15 |
| (14.1), (19), (20), (20.1), (21), (25), or (26) of | 16 |
| subsection (d) of
Section 204, or an analog or derivative | 17 |
| thereof;
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| (8) 10 grams or more but less than 30 grams of any | 19 |
| substance
containing pentazocine or any of the salts, | 20 |
| isomers and salts of isomers of
pentazocine, or an analog | 21 |
| thereof;
| 22 |
| (9) 10 grams or more but less than 30 grams of any | 23 |
| substance
containing methaqualone or any of the salts, | 24 |
| isomers and salts of isomers
of methaqualone, or an analog | 25 |
| thereof;
| 26 |
| (10) 10 grams or more but less than 30 grams of any | 27 |
| substance
containing phencyclidine or any of the salts, | 28 |
| isomers and salts of isomers
of phencyclidine (PCP), or an | 29 |
| analog thereof;
| 30 |
| (10.5) 10 grams or more but less than 30 grams of any | 31 |
| substance
containing ketamine or any of the salts, isomers | 32 |
| and salts of
isomers of ketamine, or an analog thereof;
| 33 |
| (11) 50 grams or more but less than 200 grams of any | 34 |
| substance
containing a substance classified in Schedules I | 35 |
| or II, or an analog
thereof, which is not otherwise | 36 |
| included in this subsection.
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LRB094 08080 RLC 38264 b |
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| (c-5) Any person who violates this Section with regard to | 2 |
| possession of
any methamphetamine manufacturing chemical set | 3 |
| forth in paragraph (z-1) of
Section 102
with
intent to | 4 |
| manufacture 15 grams or more but less than 30 grams of
| 5 |
| methamphetamine, or salt of an optical isomer of | 6 |
| methamphetamine or any analog
thereof, is guilty of a Class 1 | 7 |
| felony. The fine for violation of this
subsection (c-5) shall | 8 |
| not be more than $250,000.
| 9 |
| (d) Any person who violates this Section with regard to any | 10 |
| other
amount of a controlled or counterfeit substance | 11 |
| classified in
Schedules I or II, or an analog thereof, which is | 12 |
| (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | 13 |
| an analog thereof, or
(iii) any
substance containing | 14 |
| amphetamine or methamphetamine or any salt or optical
isomer of | 15 |
| amphetamine or methamphetamine, or an analog thereof, is guilty
| 16 |
| of a Class 2 felony. The fine for violation of this subsection | 17 |
| (d) shall
not be more than $200,000.
| 18 |
| (d-5) Any person who violates this Section with regard to | 19 |
| possession of
any methamphetamine manufacturing chemical set | 20 |
| forth in paragraph (z-1) of
Section 102
with
intent to | 21 |
| manufacture less than 15 grams of methamphetamine, or salt of | 22 |
| an
optical isomer of methamphetamine or any analog thereof, is | 23 |
| guilty of a Class
2 felony. The fine for violation of this | 24 |
| subsection (d-5) shall not be more
than $200,000.
| 25 |
| (e) Any person who violates this Section with regard to any | 26 |
| other
amount of a controlled or counterfeit substance | 27 |
| classified in
Schedule I or II, or an analog thereof, which | 28 |
| substance is not
included under subsection (d) of this Section, | 29 |
| is
guilty of a Class 3 felony. The fine for violation of this | 30 |
| subsection (e)
shall not be more than $150,000.
| 31 |
| (f) Any person who violates this Section with regard to any | 32 |
| other
amount of a controlled or counterfeit substance | 33 |
| classified in
Schedule III is guilty of a Class 3 felony. The | 34 |
| fine for violation of
this subsection (f) shall not be more | 35 |
| than $125,000.
| 36 |
| (g) Any person who violates this Section with regard to any |
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HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
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| other
amount of a controlled or counterfeit substance | 2 |
| classified
in Schedule IV is guilty of a Class 3 felony. The | 3 |
| fine for violation of
this subsection (g) shall not be more | 4 |
| than $100,000.
| 5 |
| (h) Any person who violates this Section with regard to any | 6 |
| other
amount of a controlled or counterfeit substance | 7 |
| classified in
Schedule V is guilty of a Class 3 felony. The | 8 |
| fine for violation of this
subsection (h) shall not be more | 9 |
| than $75,000.
| 10 |
| (i) This Section does not apply to the manufacture, | 11 |
| possession or
distribution of a substance in conformance with | 12 |
| the provisions of an approved
new drug application or an | 13 |
| exemption for investigational use within the
meaning of Section | 14 |
| 505 of the Federal Food, Drug and Cosmetic Act.
| 15 |
| (j) The presence of any methamphetamine manufacturing | 16 |
| chemical in a
sealed, factory imprinted container, including, | 17 |
| but not limited to a bottle,
box, or plastic blister package, | 18 |
| at the time of seizure by law
enforcement, is prima facie | 19 |
| evidence that the methamphetamine manufacturing
chemical | 20 |
| located within the container is in fact the chemical so | 21 |
| described and
in the amount
and dosage listed on the container. | 22 |
| The factory imprinted container is
admissible for a violation | 23 |
| of this Section for purposes of proving the contents
of the | 24 |
| container.
| 25 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-256, eff. 1-1-02; 92-698, | 26 |
| eff.
7-19-02; 93-278, eff. 1-1-04.)
| 27 |
| (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 28 |
| Sec. 402. Except as otherwise authorized by this Act, it is | 29 |
| unlawful for
any person knowingly to possess a controlled or | 30 |
| counterfeit substance.
A violation of this Act with respect to | 31 |
| each of the controlled substances
listed herein constitutes a | 32 |
| single and separate violation of this Act.
| 33 |
| (a) Any person who violates this Section with respect to | 34 |
| the following
controlled or counterfeit substances and | 35 |
| amounts, notwithstanding any of the
provisions of subsections |
|
|
|
HB2582 Engrossed |
- 13 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 2 |
| shall, if sentenced to a term
of imprisonment, be sentenced as | 3 |
| provided in this subsection (a) and fined
as provided in | 4 |
| subsection (b):
| 5 |
| (1) (A) not less than 4 years and not more than 15 | 6 |
| years with respect
to : (i) 15 grams or more but less | 7 |
| than 100 grams of a substance containing heroin , or | 8 |
| (ii) 15 or
more objects or 15 or more segregated parts | 9 |
| of an object or objects, or number of objects intended | 10 |
| to be segregated or derived from an object or objects,
| 11 |
| but
less than 200 objects or 200 segregated parts of an | 12 |
| object or objects, or number of objects intended to be | 13 |
| segregated or derived from an object or objects,
| 14 |
| containing in them or having upon them any amount of | 15 |
| any substance
containing heroin, or an analog thereof ;
| 16 |
| (B) not less than 6 years and not more than 30 | 17 |
| years with respect to : (i) 100
grams or more but less | 18 |
| than 400 grams of a substance containing heroin , or | 19 |
| (ii)
200 or more objects or 200 or more segregated | 20 |
| parts of an object or objects, or number of objects | 21 |
| intended to be segregated or derived from an object or | 22 |
| objects,
but less than 600 objects or less than 600 | 23 |
| segregated parts of an object or
objects, or number of | 24 |
| objects intended to be segregated or derived from an | 25 |
| object or objects,
containing in them or having upon | 26 |
| them any amount of any substance
containing heroin, or | 27 |
| an analog thereof ;
| 28 |
| (C) not less than 8 years and not more than 40 | 29 |
| years with respect to : (i) 400
grams or more but less | 30 |
| than 900 grams of any substance containing heroin , or | 31 |
| (ii)
600 or more objects or 600 or more segregated | 32 |
| parts of an object or objects, or number of objects | 33 |
| intended to be segregated or derived from an object or | 34 |
| objects,
but less than 1500 objects or 1500 segregated | 35 |
| parts of an object or objects, or number of objects | 36 |
| intended to be segregated or derived from an object or |
|
|
|
HB2582 Engrossed |
- 14 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| objects,
containing in them or having upon them any | 2 |
| amount of any substance
containing heroin, or an analog | 3 |
| thereof ;
| 4 |
| (D) not less than 10 years and not more than 50 | 5 |
| years with respect to : (i)
900 grams or more of any | 6 |
| substance containing heroin , or (ii) 1500 or more | 7 |
| objects or
1500 or more segregated parts of an object | 8 |
| or objects, or number of objects intended to be | 9 |
| segregated or derived from an object or objects,
| 10 |
| containing in them or
having upon them any amount of a | 11 |
| substance containing heroin, or an analog thereof ;
| 12 |
| (2) (A) not less than 4 years and not more than 15 | 13 |
| years with respect
to 15 grams or more but less than | 14 |
| 100 grams of any substance containing
cocaine;
| 15 |
| (B) not less than 6 years and not more than 30 | 16 |
| years with respect to 100
grams or more but less than | 17 |
| 400 grams of any substance containing cocaine;
| 18 |
| (C) not less than 8 years and not more than 40 | 19 |
| years with respect to 400
grams or more but less than | 20 |
| 900 grams of any substance containing cocaine;
| 21 |
| (D) not less than 10 years and not more than 50 | 22 |
| years with respect to
900 grams or more of any | 23 |
| substance containing cocaine;
| 24 |
| (3) (A) not less than 4 years and not more than 15 | 25 |
| years with respect
to 15 grams or more but less than | 26 |
| 100 grams of any substance containing
morphine;
| 27 |
| (B) not less than 6 years and not more than 30 | 28 |
| years with respect to 100
grams or more but less than | 29 |
| 400 grams of any substance containing morphine;
| 30 |
| (C) not less than 6 years and not more than 40 | 31 |
| years with respect to 400
grams or more but less than | 32 |
| 900 grams of any substance containing morphine;
| 33 |
| (D) not less than 10 years and not more than 50 | 34 |
| years with respect to
900 grams or more of any |
|
|
|
HB2582 Engrossed |
- 15 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| substance containing morphine;
| 2 |
| (4) 200 grams or more of any substance containing | 3 |
| peyote;
| 4 |
| (5) 200 grams or more of any substance containing a | 5 |
| derivative of
barbituric acid or any of the salts of a | 6 |
| derivative of barbituric acid;
| 7 |
| (6) 200 grams or more of any substance containing | 8 |
| amphetamine or any salt
of an optical isomer of | 9 |
| amphetamine;
| 10 |
| (6.5) (A) not less than 4 years and not more than 15 | 11 |
| years with
respect to 15 grams or more but less than | 12 |
| 100 grams of a substance containing
methamphetamine or | 13 |
| any salt of an optical isomer of
methamphetamine;
| 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 a substance containing
methamphetamine or | 17 |
| any salt of an optical isomer of
methamphetamine;
| 18 |
| (C) not less than 8 years and not more than 40 | 19 |
| years with
respect to
400 grams or more but less than | 20 |
| 900 grams of a substance containing
methamphetamine or | 21 |
| any salt of an optical isomer of
methamphetamine;
| 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 methamphetamine or
any salt of an | 25 |
| optical isomer of methamphetamine;
| 26 |
| (7) (A) not less than 4 years and not more than 15 | 27 |
| years with respect
to: (i) 15 grams or more but less | 28 |
| than 100 grams of any substance containing
lysergic | 29 |
| acid diethylamide (LSD), or an analog thereof, or (ii) | 30 |
| 15 or
more objects or 15 or more segregated parts of an | 31 |
| object or objects but
less than 200 objects or 200 | 32 |
| segregated parts of an object or objects
containing in | 33 |
| them or having upon them any amount of any substance
| 34 |
| containing lysergic acid diethylamide (LSD), or an | 35 |
| analog thereof;
| 36 |
| (B) not less than 6 years and not more than 30 |
|
|
|
HB2582 Engrossed |
- 16 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| years with respect
to: (i) 100 grams or more but less | 2 |
| than 400 grams of any substance
containing lysergic | 3 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
| 4 |
| 200 or more objects or 200 or more segregated parts of | 5 |
| an object or objects
but less than 600 objects or less | 6 |
| than 600 segregated parts of an object or
objects | 7 |
| containing in them or having upon them any amount of | 8 |
| any substance
containing lysergic acid diethylamide | 9 |
| (LSD), or an analog thereof;
| 10 |
| (C) not less than 8 years and not more than 40 | 11 |
| years with respect
to: (i) 400 grams or more but less | 12 |
| than 900 grams of any substance
containing lysergic | 13 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
| 14 |
| 600 or more objects or 600 or more segregated parts of | 15 |
| an object or objects
but less than 1500 objects or 1500 | 16 |
| segregated parts of an object or objects
containing in | 17 |
| them or having upon them any amount of any substance
| 18 |
| containing lysergic acid diethylamide (LSD), or an | 19 |
| analog thereof;
| 20 |
| (D) not less than 10 years and not more than 50 | 21 |
| years with respect
to: (i) 900 grams or more of any | 22 |
| substance containing lysergic acid
diethylamide (LSD), | 23 |
| or an analog thereof, or (ii) 1500 or more objects or
| 24 |
| 1500 or more segregated parts of an object or objects | 25 |
| containing in them or
having upon them any amount of a | 26 |
| substance containing lysergic acid
diethylamide (LSD), | 27 |
| or an analog thereof;
| 28 |
| (7.5) (A) not less than 4 years and not more than 15 | 29 |
| years with respect
to: (i) 15
grams or more but
less | 30 |
| than 100 grams of any substance listed in paragraph | 31 |
| (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | 32 |
| (25), or (26) of subsection (d) of Section 204, or an
| 33 |
| analog or derivative
thereof, or (ii) 15 or more pills, | 34 |
| tablets, caplets, capsules, or objects but
less than | 35 |
| 200 pills,
tablets, caplets, capsules, or objects | 36 |
| containing in them or having upon them
any amount of |
|
|
|
HB2582 Engrossed |
- 17 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| any
substance listed in paragraph (1), (2), (2.1), (3), | 2 |
| (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 3 |
| subsection (d) of Section 204, or an analog or | 4 |
| derivative thereof;
| 5 |
| (B) not less than 6 years and not more than 30 | 6 |
| years with respect to: (i)
100
grams or more but
less | 7 |
| than 400 grams of any substance listed in paragraph | 8 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 9 |
| (25), or (26) of subsection (d) of Section 204, or an | 10 |
| analog or
derivative thereof, or
(ii) 200 or more | 11 |
| pills, tablets, caplets, capsules, or objects but less | 12 |
| than
600
pills, tablets,
caplets, capsules, or objects | 13 |
| containing in them or having upon them any amount
of | 14 |
| any
substance
listed in paragraph (1), (2), (2.1), (3), | 15 |
| (14.1), (19), (20), (20.1), (21),
(25), or (26) of | 16 |
| subsection
(d) of Section 204, or an analog or | 17 |
| derivative thereof;
| 18 |
| (C) not less than 8 years and not more than 40 | 19 |
| years with respect to: (i)
400
grams or more but
less | 20 |
| than 900 grams of any substance listed in paragraph | 21 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 22 |
| (25), or (26) of subsection (d) of Section 204, or an | 23 |
| analog or
derivative thereof,
or (ii) 600 or more | 24 |
| pills, tablets, caplets, capsules, or objects but less | 25 |
| than
1,500 pills, tablets,
caplets, capsules, or | 26 |
| objects containing in them or having upon them any | 27 |
| amount
of any
substance listed in paragraph (1), (2), | 28 |
| (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | 29 |
| (26) of
subsection (d) of Section 204, or an analog or | 30 |
| derivative thereof;
| 31 |
| (D) not less than 10 years and not more than 50 | 32 |
| years with respect to:
(i)
900 grams or more of
any | 33 |
| substance listed in paragraph (1), (2), (2.1), (3), | 34 |
| (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 35 |
| subsection (d) of Section 204, or an analog or | 36 |
| derivative thereof, or (ii)
1,500 or more pills,
|
|
|
|
HB2582 Engrossed |
- 18 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| tablets, caplets, capsules, or objects containing in | 2 |
| them or having upon them
any amount of a
substance | 3 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | 4 |
| (20), (20.1),
(21), (25), or (26) of
subsection (d) of | 5 |
| Section 204, or an analog or derivative thereof;
| 6 |
| (8) 30 grams or more of any substance containing | 7 |
| pentazocine or any of
the salts, isomers and salts of | 8 |
| isomers of pentazocine, or an analog thereof;
| 9 |
| (9) 30 grams or more of any substance containing | 10 |
| methaqualone or any
of the salts, isomers and salts of | 11 |
| isomers of methaqualone;
| 12 |
| (10) 30 grams or more of any substance containing | 13 |
| phencyclidine or any
of the salts, isomers and salts of | 14 |
| isomers of phencyclidine (PCP);
| 15 |
| (10.5) 30 grams or more of any substance containing | 16 |
| ketamine or any of
the salts, isomers and salts of isomers | 17 |
| of ketamine;
| 18 |
| (11) 200 grams or more of any substance containing any | 19 |
| substance
classified as a narcotic drug in Schedules I or | 20 |
| II which is not otherwise
included in this subsection.
| 21 |
| (b) Any person sentenced with respect to violations of | 22 |
| paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) | 23 |
| involving 100
grams or more of the
controlled substance named | 24 |
| therein, may in addition to the penalties
provided therein, be | 25 |
| fined an amount not to exceed $200,000 or the full
street value | 26 |
| of the controlled or counterfeit substances, whichever is
| 27 |
| greater. The term "street value" shall have the meaning
| 28 |
| ascribed in Section 110-5 of the Code of Criminal Procedure of | 29 |
| 1963. Any
person sentenced with respect to any other provision | 30 |
| of subsection (a), may
in addition to the penalties provided | 31 |
| therein, be fined an amount not to
exceed $200,000.
| 32 |
| (c) Any person who violates this Section with regard to an | 33 |
| amount
of a controlled or counterfeit substance not set forth | 34 |
| in
subsection (a) or (d) is guilty of a Class 4 felony. The | 35 |
| fine for a
violation punishable under this subsection (c) shall | 36 |
| not be more
than $25,000.
|
|
|
|
HB2582 Engrossed |
- 19 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| (d) Any person who violates this Section with regard to any | 2 |
| amount of
anabolic steroid is guilty of a Class C misdemeanor
| 3 |
| for the first offense and a Class B misdemeanor for a | 4 |
| subsequent offense
committed within 2 years of a prior | 5 |
| conviction.
| 6 |
| (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; | 7 |
| 92-256, eff.
1-1-02.)
| 8 |
| Section 10. The Unified Code of Corrections is amended by | 9 |
| changing Section 5-5-3 as follows:
| 10 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 11 |
| Sec. 5-5-3. Disposition.
| 12 |
| (a) Except as provided in Section 11-501 of the Illinois | 13 |
| Vehicle Code, every person convicted of an offense shall be | 14 |
| sentenced as provided
in this Section.
| 15 |
| (b) The following options shall be appropriate | 16 |
| dispositions, alone
or in combination, for all felonies and | 17 |
| misdemeanors other than those
identified in subsection (c) of | 18 |
| this Section:
| 19 |
| (1) A period of probation.
| 20 |
| (2) A term of periodic imprisonment.
| 21 |
| (3) A term of conditional discharge.
| 22 |
| (4) A term of imprisonment.
| 23 |
| (5) An order directing the offender to clean up and | 24 |
| repair the
damage, if the offender was convicted under | 25 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 26 |
| (now repealed).
| 27 |
| (6) A fine.
| 28 |
| (7) An order directing the offender to make restitution | 29 |
| to the
victim under Section 5-5-6 of this Code.
| 30 |
| (8) A sentence of participation in a county impact | 31 |
| incarceration
program under Section 5-8-1.2 of this Code. | 32 |
| (9) A term of imprisonment in combination with a term | 33 |
| of probation when the offender has been admitted into a | 34 |
| drug court program under Section 20 of the Drug Court |
|
|
|
HB2582 Engrossed |
- 20 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| Treatment Act.
| 2 |
| Neither a fine nor restitution shall be the sole | 3 |
| disposition
for a felony and either or both may be imposed only | 4 |
| in conjunction with
another disposition.
| 5 |
| (c) (1) When a defendant is found guilty of first degree | 6 |
| murder the
State may either seek a sentence of imprisonment | 7 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 8 |
| a sentence of death under Section 9-1
of the Criminal Code | 9 |
| of 1961.
| 10 |
| (2) A period of probation, a term of periodic | 11 |
| imprisonment or
conditional discharge shall not be imposed | 12 |
| for the following offenses.
The court shall sentence the | 13 |
| offender to not less than the minimum term
of imprisonment | 14 |
| set forth in this Code for the following offenses, and
may | 15 |
| order a fine or restitution or both in conjunction with | 16 |
| such term of
imprisonment:
| 17 |
| (A) First degree murder where the death penalty is | 18 |
| not imposed.
| 19 |
| (B) Attempted first degree murder.
| 20 |
| (C) A Class X felony.
| 21 |
| (D) A violation of Section 401.1 or 407 of the
| 22 |
| Illinois Controlled Substances Act, or a violation of | 23 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 24 |
| which relates to more than 5 grams of a substance
| 25 |
| containing heroin or cocaine or an analog thereof.
| 26 |
| (D-5) A second or subsequent violation of Section | 27 |
| 401 or 402 of the Illinois Controlled Substances Act | 28 |
| with regard to an amount of 5 or more objects or 5 or | 29 |
| more segregated parts of an object or objects | 30 |
| containing in them or having upon them any amounts of | 31 |
| any substance containing heroin, or an analog thereof.
| 32 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 33 |
| Control
Act.
| 34 |
| (F) A Class 2 or greater felony if the offender had | 35 |
| been convicted
of a Class 2 or greater felony within 10 | 36 |
| years of the date on which the
offender
committed the |
|
|
|
HB2582 Engrossed |
- 21 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| offense for which he or she is being sentenced, except | 2 |
| as
otherwise provided in Section 40-10 of the | 3 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 4 |
| (G) Residential burglary, except as otherwise | 5 |
| provided in Section 40-10
of the Alcoholism and Other | 6 |
| Drug Abuse and Dependency Act.
| 7 |
| (H) Criminal sexual assault.
| 8 |
| (I) Aggravated battery of a senior citizen.
| 9 |
| (J) A forcible felony if the offense was related to | 10 |
| the activities of an
organized gang.
| 11 |
| Before July 1, 1994, for the purposes of this | 12 |
| paragraph, "organized
gang" means an association of 5 | 13 |
| or more persons, with an established hierarchy,
that | 14 |
| encourages members of the association to perpetrate | 15 |
| crimes or provides
support to the members of the | 16 |
| association who do commit crimes.
| 17 |
| Beginning July 1, 1994, for the purposes of this | 18 |
| paragraph,
"organized gang" has the meaning ascribed | 19 |
| to it in Section 10 of the Illinois
Streetgang | 20 |
| Terrorism Omnibus Prevention Act.
| 21 |
| (K) Vehicular hijacking.
| 22 |
| (L) A second or subsequent conviction for the | 23 |
| offense of hate crime
when the underlying offense upon | 24 |
| which the hate crime is based is felony
aggravated
| 25 |
| assault or felony mob action.
| 26 |
| (M) A second or subsequent conviction for the | 27 |
| offense of institutional
vandalism if the damage to the | 28 |
| property exceeds $300.
| 29 |
| (N) A Class 3 felony violation of paragraph (1) of | 30 |
| subsection (a) of
Section 2 of the Firearm Owners | 31 |
| Identification Card Act.
| 32 |
| (O) A violation of Section 12-6.1 of the Criminal | 33 |
| Code of 1961.
| 34 |
| (P) A violation of paragraph (1), (2), (3), (4), | 35 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 36 |
| Criminal Code of 1961.
|
|
|
|
HB2582 Engrossed |
- 22 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 2 |
| Criminal Code of
1961.
| 3 |
| (R) A violation of Section 24-3A of the Criminal | 4 |
| Code of
1961.
| 5 |
| (S) (Blank).
| 6 |
| (T) A second or subsequent violation of paragraph | 7 |
| (6.6) of subsection
(a), subsection (c-5), or | 8 |
| subsection (d-5) of Section 401 of the Illinois
| 9 |
| Controlled Substances Act.
| 10 |
| (3) (Blank).
| 11 |
| (4) A minimum term of imprisonment of not less than 10
| 12 |
| consecutive days or 30 days of community service shall be | 13 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 14 |
| of the Illinois Vehicle Code.
| 15 |
| (4.1) (Blank).
| 16 |
| (4.2) Except as provided in paragraph (4.3) of this | 17 |
| subsection (c), a
minimum of
100 hours of community service | 18 |
| shall be imposed for a second violation of
Section 6-303
of | 19 |
| the Illinois Vehicle Code.
| 20 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 21 |
| hours of community
service, as determined by the court, | 22 |
| shall
be imposed for a second violation of subsection (c) | 23 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 24 |
| (4.4) Except as provided in paragraph (4.5) and | 25 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 26 |
| imprisonment of 30 days or 300 hours of community service, | 27 |
| as
determined by the court, shall
be imposed
for a third or | 28 |
| subsequent violation of Section 6-303 of the Illinois | 29 |
| Vehicle
Code.
| 30 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 31 |
| be imposed for a third violation of subsection (c) of
| 32 |
| Section 6-303 of the Illinois Vehicle Code.
| 33 |
| (4.6) A minimum term of imprisonment of 180 days shall | 34 |
| be imposed for a
fourth or subsequent violation of | 35 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 36 |
| Code.
|
|
|
|
HB2582 Engrossed |
- 23 - |
LRB094 08080 RLC 38264 b |
|
| 1 |
| (5) The court may sentence an offender convicted of a | 2 |
| business
offense or a petty offense or a corporation or | 3 |
| unincorporated
association convicted of any offense to:
| 4 |
| (A) a period of conditional discharge;
| 5 |
| (B) a fine;
| 6 |
| (C) make restitution to the victim under Section | 7 |
| 5-5-6 of this Code.
| 8 |
| (5.1) In addition to any penalties imposed under | 9 |
| paragraph (5) of this
subsection (c), and except as | 10 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 11 |
| violating subsection (c) of Section 11-907 of the Illinois
| 12 |
| Vehicle Code shall have his or her driver's license, | 13 |
| permit, or privileges
suspended for at least 90 days but | 14 |
| not more than one year, if the violation
resulted in damage | 15 |
| to the property of another person.
| 16 |
| (5.2) In addition to any penalties imposed under | 17 |
| paragraph (5) of this
subsection (c), and except as | 18 |
| provided in paragraph (5.3), a person convicted
of | 19 |
| violating subsection (c) of Section 11-907 of the Illinois | 20 |
| Vehicle Code
shall have his or her driver's license, | 21 |
| permit, or privileges suspended for at
least 180 days but | 22 |
| not more than 2 years, if the violation resulted in injury
| 23 |
| to
another person.
| 24 |
| (5.3) In addition to any penalties imposed under | 25 |
| paragraph (5) of
this
subsection (c), a person convicted of | 26 |
| violating subsection (c) of Section
11-907 of the Illinois | 27 |
| Vehicle Code shall have his or her driver's license,
| 28 |
| permit, or privileges suspended for 2 years, if the | 29 |
| violation resulted in the
death of another person.
| 30 |
| (6) In no case shall an offender be eligible for a | 31 |
| disposition of
probation or conditional discharge for a | 32 |
| Class 1 felony committed while
he was serving a term of | 33 |
| probation or conditional discharge for a felony.
| 34 |
| (7) When a defendant is adjudged a habitual criminal | 35 |
| under Article
33B of the Criminal Code of 1961, the court | 36 |
| shall sentence
the defendant to a term of natural life |
|
|
|
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LRB094 08080 RLC 38264 b |
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| 1 |
| imprisonment.
| 2 |
| (8) When a defendant, over the age of 21 years, is | 3 |
| convicted of a
Class 1 or Class 2 felony, after having | 4 |
| twice been convicted
in any state or
federal court of an | 5 |
| offense that contains the same elements as an offense now
| 6 |
| classified in Illinois as a Class 2 or greater Class felony
| 7 |
| and such charges are
separately brought and tried and arise | 8 |
| out of different series of acts,
such defendant shall be | 9 |
| sentenced as a Class X offender. This paragraph
shall not | 10 |
| apply unless (1) the first felony was committed after the
| 11 |
| effective date of this amendatory Act of 1977; and (2) the | 12 |
| second felony
was committed after conviction on the first; | 13 |
| and (3) the third felony
was committed after conviction on | 14 |
| the second.
A person sentenced as a Class X offender under | 15 |
| this paragraph is not
eligible to apply for treatment as a | 16 |
| condition of probation as provided by
Section 40-10 of the | 17 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 18 |
| (9) A defendant convicted of a second or subsequent | 19 |
| offense of ritualized
abuse of a child may be sentenced to | 20 |
| a term of natural life imprisonment.
| 21 |
| (10) (Blank).
| 22 |
| (11) The court shall impose a minimum fine of $1,000 | 23 |
| for a first offense
and $2,000 for a second or subsequent | 24 |
| offense upon a person convicted of or
placed on supervision | 25 |
| for battery when the individual harmed was a sports
| 26 |
| official or coach at any level of competition and the act | 27 |
| causing harm to the
sports
official or coach occurred | 28 |
| within an athletic facility or within the immediate | 29 |
| vicinity
of the athletic facility at which the sports | 30 |
| official or coach was an active
participant
of the athletic | 31 |
| contest held at the athletic facility. For the purposes of
| 32 |
| this paragraph (11), "sports official" means a person at an | 33 |
| athletic contest
who enforces the rules of the contest, | 34 |
| such as an umpire or referee; "athletic facility" means an | 35 |
| indoor or outdoor playing field or recreational area where | 36 |
| sports activities are conducted;
and "coach" means a person |
|
|
|
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| 1 |
| recognized as a coach by the sanctioning
authority that | 2 |
| conducted the sporting event. | 3 |
| (12)
(11) A person may not receive a disposition of | 4 |
| court supervision for a
violation of Section 5-16 of the | 5 |
| Boat Registration and Safety Act if that
person has | 6 |
| previously received a disposition of court supervision for | 7 |
| a
violation of that Section.
| 8 |
| (d) In any case in which a sentence originally imposed is | 9 |
| vacated,
the case shall be remanded to the trial court. The | 10 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 11 |
| Unified Code of Corrections
which may include evidence of the | 12 |
| defendant's life, moral character and
occupation during the | 13 |
| time since the original sentence was passed. The
trial court | 14 |
| shall then impose sentence upon the defendant. The trial
court | 15 |
| may impose any sentence which could have been imposed at the
| 16 |
| original trial subject to Section 5-5-4 of the Unified Code of | 17 |
| Corrections.
If a sentence is vacated on appeal or on | 18 |
| collateral attack due to the
failure of the trier of fact at | 19 |
| trial to determine beyond a reasonable doubt
the
existence of a | 20 |
| fact (other than a prior conviction) necessary to increase the
| 21 |
| punishment for the offense beyond the statutory maximum | 22 |
| otherwise applicable,
either the defendant may be re-sentenced | 23 |
| to a term within the range otherwise
provided or, if the State | 24 |
| files notice of its intention to again seek the
extended | 25 |
| sentence, the defendant shall be afforded a new trial.
| 26 |
| (e) In cases where prosecution for
aggravated criminal | 27 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 28 |
| results in conviction of a defendant
who was a family member of | 29 |
| the victim at the time of the commission of the
offense, the | 30 |
| court shall consider the safety and welfare of the victim and
| 31 |
| may impose a sentence of probation only where:
| 32 |
| (1) the court finds (A) or (B) or both are appropriate:
| 33 |
| (A) the defendant is willing to undergo a court | 34 |
| approved counseling
program for a minimum duration of 2 | 35 |
| years; or
| 36 |
| (B) the defendant is willing to participate in a |
|
|
|
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| 1 |
| court approved plan
including but not limited to the | 2 |
| defendant's:
| 3 |
| (i) removal from the household;
| 4 |
| (ii) restricted contact with the victim;
| 5 |
| (iii) continued financial support of the | 6 |
| family;
| 7 |
| (iv) restitution for harm done to the victim; | 8 |
| and
| 9 |
| (v) compliance with any other measures that | 10 |
| the court may
deem appropriate; and
| 11 |
| (2) the court orders the defendant to pay for the | 12 |
| victim's counseling
services, to the extent that the court | 13 |
| finds, after considering the
defendant's income and | 14 |
| assets, that the defendant is financially capable of
paying | 15 |
| for such services, if the victim was under 18 years of age | 16 |
| at the
time the offense was committed and requires | 17 |
| counseling as a result of the
offense.
| 18 |
| Probation may be revoked or modified pursuant to Section | 19 |
| 5-6-4; except
where the court determines at the hearing that | 20 |
| the defendant violated a
condition of his or her probation | 21 |
| restricting contact with the victim or
other family members or | 22 |
| commits another offense with the victim or other
family | 23 |
| members, the court shall revoke the defendant's probation and
| 24 |
| impose a term of imprisonment.
| 25 |
| For the purposes of this Section, "family member" and | 26 |
| "victim" shall have
the meanings ascribed to them in Section | 27 |
| 12-12 of the Criminal Code of
1961.
| 28 |
| (f) This Article shall not deprive a court in other | 29 |
| proceedings to
order a forfeiture of property, to suspend or | 30 |
| cancel a license, to
remove a person from office, or to impose | 31 |
| any other civil penalty.
| 32 |
| (g) Whenever a defendant is convicted of an offense under | 33 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 34 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 35 |
| of the Criminal Code of 1961,
the defendant shall undergo | 36 |
| medical testing to
determine whether the defendant has any |
|
|
|
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|
| 1 |
| sexually transmissible disease,
including a test for infection | 2 |
| with human immunodeficiency virus (HIV) or
any other identified | 3 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 4 |
| Any such medical test shall be performed only by appropriately
| 5 |
| licensed medical practitioners and may include an analysis of | 6 |
| any bodily
fluids as well as an examination of the defendant's | 7 |
| person.
Except as otherwise provided by law, the results of | 8 |
| such test shall be kept
strictly confidential by all medical | 9 |
| personnel involved in the testing and must
be personally | 10 |
| delivered in a sealed envelope to the judge of the court in | 11 |
| which
the conviction was entered for the judge's inspection in | 12 |
| camera. Acting in
accordance with the best interests of the | 13 |
| victim and the public, the judge
shall have the discretion to | 14 |
| determine to whom, if anyone, the results of the
testing may be | 15 |
| revealed. The court shall notify the defendant
of the test | 16 |
| results. The court shall
also notify the victim if requested by | 17 |
| the victim, and if the victim is under
the age of 15 and if | 18 |
| requested by the victim's parents or legal guardian, the
court | 19 |
| shall notify the victim's parents or legal guardian of the test
| 20 |
| results.
The court shall provide information on the | 21 |
| availability of HIV testing
and counseling at Department of | 22 |
| Public Health facilities to all parties to
whom the results of | 23 |
| the testing are revealed and shall direct the State's
Attorney | 24 |
| to provide the information to the victim when possible.
A | 25 |
| State's Attorney may petition the court to obtain the results | 26 |
| of any HIV test
administered under this Section, and the court | 27 |
| shall grant the disclosure if
the State's Attorney shows it is | 28 |
| relevant in order to prosecute a charge of
criminal | 29 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 30 |
| of 1961
against the defendant. The court shall order that the | 31 |
| cost of any such test
shall be paid by the county and may be | 32 |
| taxed as costs against the convicted
defendant.
| 33 |
| (g-5) When an inmate is tested for an airborne communicable | 34 |
| disease, as
determined by the Illinois Department of Public | 35 |
| Health including but not
limited to tuberculosis, the results | 36 |
| of the test shall be
personally delivered by the warden or his |
|
|
|
HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
|
| 1 |
| or her designee in a sealed envelope
to the judge of the court | 2 |
| in which the inmate must appear for the judge's
inspection in | 3 |
| camera if requested by the judge. Acting in accordance with the
| 4 |
| best interests of those in the courtroom, the judge shall have | 5 |
| the discretion
to determine what if any precautions need to be | 6 |
| taken to prevent transmission
of the disease in the courtroom.
| 7 |
| (h) Whenever a defendant is convicted of an offense under | 8 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 9 |
| defendant shall undergo
medical testing to determine whether | 10 |
| the defendant has been exposed to human
immunodeficiency virus | 11 |
| (HIV) or any other identified causative agent of
acquired | 12 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 13 |
| by
law, the results of such test shall be kept strictly | 14 |
| confidential by all
medical personnel involved in the testing | 15 |
| and must be personally delivered in a
sealed envelope to the | 16 |
| judge of the court in which the conviction was entered
for the | 17 |
| judge's inspection in camera. Acting in accordance with the | 18 |
| best
interests of the public, the judge shall have the | 19 |
| discretion to determine to
whom, if anyone, the results of the | 20 |
| testing may be revealed. The court shall
notify the defendant | 21 |
| of a positive test showing an infection with the human
| 22 |
| immunodeficiency virus (HIV). The court shall provide | 23 |
| information on the
availability of HIV testing and counseling | 24 |
| at Department of Public Health
facilities to all parties to | 25 |
| whom the results of the testing are revealed and
shall direct | 26 |
| the State's Attorney to provide the information to the victim | 27 |
| when
possible. A State's Attorney may petition the court to | 28 |
| obtain the results of
any HIV test administered under this | 29 |
| Section, and the court shall grant the
disclosure if the | 30 |
| State's Attorney shows it is relevant in order to prosecute a
| 31 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 32 |
| the Criminal
Code of 1961 against the defendant. The court | 33 |
| shall order that the cost of any
such test shall be paid by the | 34 |
| county and may be taxed as costs against the
convicted | 35 |
| defendant.
| 36 |
| (i) All fines and penalties imposed under this Section for |
|
|
|
HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
|
| 1 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 2 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 3 |
| any violation
of the Child Passenger Protection Act, or a | 4 |
| similar provision of a local
ordinance, shall be collected and | 5 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 6 |
| of the Clerks of Courts Act.
| 7 |
| (j) In cases when prosecution for any violation of Section | 8 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 9 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 10 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 11 |
| Code of 1961, any violation of the Illinois Controlled | 12 |
| Substances Act,
or any violation of the Cannabis Control Act | 13 |
| results in conviction, a
disposition of court supervision, or | 14 |
| an order of probation granted under
Section 10 of the Cannabis | 15 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 16 |
| Act of a defendant, the court shall determine whether the
| 17 |
| defendant is employed by a facility or center as defined under | 18 |
| the Child Care
Act of 1969, a public or private elementary or | 19 |
| secondary school, or otherwise
works with children under 18 | 20 |
| years of age on a daily basis. When a defendant
is so employed, | 21 |
| the court shall order the Clerk of the Court to send a copy of
| 22 |
| the judgment of conviction or order of supervision or probation | 23 |
| to the
defendant's employer by certified mail.
If the employer | 24 |
| of the defendant is a school, the Clerk of the Court shall
| 25 |
| direct the mailing of a copy of the judgment of conviction or | 26 |
| order of
supervision or probation to the appropriate regional | 27 |
| superintendent of schools.
The regional superintendent of | 28 |
| schools shall notify the State Board of
Education of any | 29 |
| notification under this subsection.
| 30 |
| (j-5) A defendant at least 17 years of age who is convicted | 31 |
| of a felony and
who has not been previously convicted of a | 32 |
| misdemeanor or felony and who is
sentenced to a term of | 33 |
| imprisonment in the Illinois Department of Corrections
shall as | 34 |
| a condition of his or her sentence be required by the court to | 35 |
| attend
educational courses designed to prepare the defendant | 36 |
| for a high school diploma
and to work toward a high school |
|
|
|
HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
|
| 1 |
| diploma or to work toward passing the high
school level Test of | 2 |
| General Educational Development (GED) or to work toward
| 3 |
| completing a vocational training program offered by the | 4 |
| Department of
Corrections. If a defendant fails to complete the | 5 |
| educational training
required by his or her sentence during the | 6 |
| term of incarceration, the Prisoner
Review Board shall, as a | 7 |
| condition of mandatory supervised release, require the
| 8 |
| defendant, at his or her own expense, to pursue a course of | 9 |
| study toward a high
school diploma or passage of the GED test. | 10 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 11 |
| release of a defendant who wilfully fails to
comply with this | 12 |
| subsection (j-5) upon his or her release from confinement in a
| 13 |
| penal institution while serving a mandatory supervised release | 14 |
| term; however,
the inability of the defendant after making a | 15 |
| good faith effort to obtain
financial aid or pay for the | 16 |
| educational training shall not be deemed a wilful
failure to | 17 |
| comply. The Prisoner Review Board shall recommit the defendant
| 18 |
| whose mandatory supervised release term has been revoked under | 19 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 20 |
| subsection (j-5) does not apply to a
defendant who has a high | 21 |
| school diploma or has successfully passed the GED
test. This | 22 |
| subsection (j-5) does not apply to a defendant who is | 23 |
| determined by
the court to be developmentally disabled or | 24 |
| otherwise mentally incapable of
completing the educational or | 25 |
| vocational program.
| 26 |
| (k) A court may not impose a sentence or disposition for a
| 27 |
| felony or misdemeanor that requires the defendant to be | 28 |
| implanted or injected
with or to use any form of birth control.
| 29 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 30 |
| (l), whenever a defendant,
who is an alien as defined by | 31 |
| the Immigration and Nationality Act, is convicted
of any | 32 |
| felony or misdemeanor offense, the court after sentencing | 33 |
| the defendant
may, upon motion of the State's Attorney, | 34 |
| hold sentence in abeyance and remand
the defendant to the | 35 |
| custody of the Attorney General of
the United States or his | 36 |
| or her designated agent to be deported when:
|
|
|
|
HB2582 Engrossed |
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LRB094 08080 RLC 38264 b |
|
| 1 |
| (1) a final order of deportation has been issued | 2 |
| against the defendant
pursuant to proceedings under | 3 |
| the Immigration and Nationality Act, and
| 4 |
| (2) the deportation of the defendant would not | 5 |
| deprecate the seriousness
of the defendant's conduct | 6 |
| and would not be inconsistent with the ends of
justice.
| 7 |
| Otherwise, the defendant shall be sentenced as | 8 |
| provided in this Chapter V.
| 9 |
| (B) If the defendant has already been sentenced for a | 10 |
| felony or
misdemeanor
offense, or has been placed on | 11 |
| probation under Section 10 of the Cannabis
Control Act or | 12 |
| Section 410 of the Illinois Controlled Substances Act, the | 13 |
| court
may, upon motion of the State's Attorney to suspend | 14 |
| the
sentence imposed, commit the defendant to the custody | 15 |
| of the Attorney General
of the United States or his or her | 16 |
| designated agent when:
| 17 |
| (1) a final order of deportation has been issued | 18 |
| against the defendant
pursuant to proceedings under | 19 |
| the Immigration and Nationality Act, and
| 20 |
| (2) the deportation of the defendant would not | 21 |
| deprecate the seriousness
of the defendant's conduct | 22 |
| and would not be inconsistent with the ends of
justice.
| 23 |
| (C) This subsection (l) does not apply to offenders who | 24 |
| are subject to the
provisions of paragraph (2) of | 25 |
| subsection (a) of Section 3-6-3.
| 26 |
| (D) Upon motion of the State's Attorney, if a defendant | 27 |
| sentenced under
this Section returns to the jurisdiction of | 28 |
| the United States, the defendant
shall be recommitted to | 29 |
| the custody of the county from which he or she was
| 30 |
| sentenced.
Thereafter, the defendant shall be brought | 31 |
| before the sentencing court, which
may impose any sentence | 32 |
| that was available under Section 5-5-3 at the time of
| 33 |
| initial sentencing. In addition, the defendant shall not be | 34 |
| eligible for
additional good conduct credit for | 35 |
| meritorious service as provided under
Section 3-6-6.
| 36 |
| (m) A person convicted of criminal defacement of property |
|
|
|
HB2582 Engrossed |
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|
| 1 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 2 |
| property damage exceeds $300
and the property damaged is a | 3 |
| school building, shall be ordered to perform
community service | 4 |
| that may include cleanup, removal, or painting over the
| 5 |
| defacement.
| 6 |
| (n) The court may sentence a person convicted of a | 7 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 8 |
| Code of 1961 (i) to an impact
incarceration program if the | 9 |
| person is otherwise eligible for that program
under Section | 10 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 11 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 12 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 13 |
| program licensed under that
Act.
| 14 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 15 |
| 92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 16 |
| 8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, | 17 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 18 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 19 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 20 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; revised 10-25-04.)
|
|