Full Text of HB2680 96th General Assembly
HB2680enr 96TH GENERAL ASSEMBLY
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HB2680 Enrolled |
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LRB096 09585 RLC 19746 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 Unified Code of Corrections is amended by | 5 |
| changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
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| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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| (Text of Section from P.A. 94-550)
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| Sec. 5-9-1.1. Drug related offenses.
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| (a) When a person has been adjudged guilty of a drug | 10 |
| related
offense involving possession or delivery of cannabis or | 11 |
| possession or delivery
of a controlled substance, other than | 12 |
| methamphetamine, as defined in the Cannabis Control Act, as | 13 |
| amended,
or the Illinois Controlled Substances Act, as amended, | 14 |
| in addition to any
other penalty imposed, a fine shall be | 15 |
| levied by the court at not less than
the full street value of | 16 |
| the cannabis or controlled substances seized.
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| "Street value" shall be determined by the court on the | 18 |
| basis of testimony
of law enforcement personnel and the | 19 |
| defendant as to the amount seized and
such testimony as may be | 20 |
| required by the court as to the current street
value of the | 21 |
| cannabis or controlled substance seized.
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| (b) In addition to any penalty imposed under subsection (a) | 23 |
| of this
Section, a fine of
$100 shall be levied by the court, |
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HB2680 Enrolled |
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LRB096 09585 RLC 19746 b |
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| the proceeds of which
shall be collected by the Circuit Clerk | 2 |
| and remitted to the State Treasurer
under Section 27.6 of the | 3 |
| Clerks of Courts Act
for deposit into the Trauma
Center Fund | 4 |
| for distribution as provided under Section 3.225 of the | 5 |
| Emergency
Medical Services (EMS) Systems Act.
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| (c) In addition to any penalty imposed under subsection (a) | 7 |
| of this
Section, a fee of $5 shall be assessed by the court, | 8 |
| the proceeds of which
shall be collected by the Circuit Clerk | 9 |
| and remitted to the State Treasurer
under Section 27.6 of the | 10 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 11 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 | 12 |
| shall not be considered a part of the fine for
purposes of any | 13 |
| reduction in the fine for time served either before or after
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| sentencing.
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| (d) In addition to any penalty imposed under subsection (a) | 16 |
| of this
Section, a $25 assessment shall be assessed by the | 17 |
| court, the proceeds of which
shall be collected by the Circuit | 18 |
| Clerk and remitted to the State Treasurer for deposit into the | 19 |
| State Police Services Fund and shall be used for grants by the | 20 |
| Department of State Police to drug task forces and Metropolitan | 21 |
| Enforcement Groups in accordance with the Intergovernmental | 22 |
| Drug Laws Enforcement Act. | 23 |
| (Source: P.A. 94-550, eff. 1-1-06.)
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| (Text of Section from P.A. 94-556)
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| Sec. 5-9-1.1. Drug related offenses.
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HB2680 Enrolled |
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LRB096 09585 RLC 19746 b |
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| 1 |
| (a) When a person has been adjudged guilty of a drug | 2 |
| related
offense involving possession or delivery of cannabis or | 3 |
| possession or delivery
of a controlled substance as defined in | 4 |
| the Cannabis Control Act, the Illinois Controlled Substances | 5 |
| Act, or the Methamphetamine Control and Community Protection | 6 |
| Act, in addition to any
other penalty imposed, a fine shall be | 7 |
| levied by the court at not less than
the full street value of | 8 |
| the cannabis or controlled substances seized.
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| "Street value" shall be determined by the court on the | 10 |
| basis of testimony
of law enforcement personnel and the | 11 |
| defendant as to the amount seized and
such testimony as may be | 12 |
| required by the court as to the current street
value of the | 13 |
| cannabis or controlled substance seized.
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| (b) In addition to any penalty imposed under subsection (a) | 15 |
| of this
Section, a fine of $100 shall be levied by the court, | 16 |
| the proceeds of which
shall be collected by the Circuit Clerk | 17 |
| and remitted to the State Treasurer
under Section 27.6 of the | 18 |
| Clerks of Courts Act for deposit into the Trauma
Center Fund | 19 |
| for distribution as provided under Section 3.225 of the | 20 |
| Emergency
Medical Services (EMS) Systems Act.
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| (c) In addition to any penalty imposed under subsection (a) | 22 |
| of this
Section, a fee of $5 shall be assessed by the court, | 23 |
| the proceeds of which
shall be collected by the Circuit Clerk | 24 |
| and remitted to the State Treasurer
under Section 27.6 of the | 25 |
| Clerks of Courts Act for deposit into the Spinal Cord
Injury | 26 |
| Paralysis Cure Research Trust Fund.
This additional fee of $5 |
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|
HB2680 Enrolled |
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LRB096 09585 RLC 19746 b |
|
| 1 |
| shall not be considered a part of the fine for
purposes of any | 2 |
| reduction in the fine for time served either before or after
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| sentencing.
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| (d) In addition to any penalty imposed under subsection (a) | 5 |
| of this
Section, a $25 assessment shall be assessed by the | 6 |
| court, the proceeds of which
shall be collected by the Circuit | 7 |
| Clerk and remitted to the State Treasurer for deposit into the | 8 |
| State Police Services Fund and shall be used for grants by the | 9 |
| Department of State Police to drug task forces and Metropolitan | 10 |
| Enforcement Groups in accordance with the Intergovernmental | 11 |
| Drug Laws Enforcement Act. | 12 |
| (Source: P.A. 94-556, eff. 9-11-05 .)
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| (730 ILCS 5/5-9-1.1-5)
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| Sec. 5-9-1.1-5. Methamphetamine related offenses. | 15 |
| (a) When a person has been adjudged guilty of a | 16 |
| methamphetamine related
offense involving possession or | 17 |
| delivery of methamphetamine or any salt of an optical isomer of | 18 |
| methamphetamine or possession of a methamphetamine | 19 |
| manufacturing chemical set forth in paragraph (z-1) of Section | 20 |
| 102 of the Illinois Controlled Substances Act with the intent | 21 |
| to manufacture a substance containing methamphetamine or salt | 22 |
| of an optical isomer of methamphetamine, in addition to any
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| other penalty imposed, a fine shall be levied by the court at | 24 |
| not less than
the full street value of the methamphetamine or | 25 |
| salt of an optical isomer of methamphetamine or methamphetamine |
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HB2680 Enrolled |
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LRB096 09585 RLC 19746 b |
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| manufacturing chemicals seized. | 2 |
| "Street value" shall be determined by the court on the | 3 |
| basis of testimony
of law enforcement personnel and the | 4 |
| defendant as to the amount seized and
such testimony as may be | 5 |
| required by the court as to the current street
value of the | 6 |
| methamphetamine or salt of an optical isomer of methamphetamine | 7 |
| or methamphetamine manufacturing chemicals seized. | 8 |
| (b) In addition to any penalty imposed under subsection (a) | 9 |
| of this
Section, a fine of
$100 shall be levied by the court, | 10 |
| the proceeds of which
shall be collected by the Circuit Clerk | 11 |
| and remitted to the State Treasurer
under Section 27.6 of the | 12 |
| Clerks of Courts Act
for deposit into the Methamphetamine Law | 13 |
| Enforcement Fund and allocated as provided in subsection (d) of | 14 |
| Section 5-9-1.2.
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| (c) In addition to any penalty imposed under subsection (a) | 16 |
| of this
Section, a $25 assessment shall be assessed by the | 17 |
| court, the proceeds of which
shall be collected by the Circuit | 18 |
| Clerk and remitted to the State Treasurer for deposit into the | 19 |
| State Police Services Fund and shall be used for grants by the | 20 |
| Department of State Police to drug task forces and Metropolitan | 21 |
| Enforcement Groups in accordance with the Intergovernmental | 22 |
| Drug Laws Enforcement Act. | 23 |
| (Source: P.A. 94-550, eff. 1-1-06.)
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