Full Text of HB4093 98th General Assembly
HB4093enr 98TH GENERAL ASSEMBLY |
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| 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 Methamphetamine Control and Community | 5 | | Protection Act is amended by changing Section 15 as follows: | 6 | | (720 ILCS 646/15) | 7 | | Sec. 15. Participation in methamphetamine manufacturing. | 8 | | (a) Participation in methamphetamine manufacturing.
| 9 | | (1) It is unlawful to knowingly participate in the | 10 | | manufacture of methamphetamine with the intent that | 11 | | methamphetamine or a substance containing methamphetamine | 12 | | be produced.
| 13 | | (2) A person who violates paragraph (1) of this | 14 | | subsection (a) is subject to the following penalties:
| 15 | | (A) A person who participates in the manufacture of | 16 | | less than 15 grams of methamphetamine or a substance | 17 | | containing methamphetamine is guilty of a Class 1 | 18 | | felony.
| 19 | | (B) A person who participates in the manufacture of | 20 | | 15 or more grams but less than 100 grams of | 21 | | methamphetamine or a substance containing | 22 | | methamphetamine is guilty of a Class X felony, subject | 23 | | to a term of imprisonment of not less than 6 years and |
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| 1 | | not more than 30 years, and subject to a fine not to | 2 | | exceed $100,000 or the street value of the | 3 | | methamphetamine manufactured, whichever is greater.
| 4 | | (C) A person who participates in the manufacture of | 5 | | 100 or more grams but less than 400 grams of | 6 | | methamphetamine or a substance containing | 7 | | methamphetamine is guilty of a Class X felony, subject | 8 | | to a term of imprisonment of not less than 9 years and | 9 | | not more than 40 years, and subject to a fine not to | 10 | | exceed $200,000 or the street value of the | 11 | | methamphetamine manufactured, whichever is greater.
| 12 | | (D) A person who participates in the manufacture of | 13 | | 400 or more grams but less than 900 grams of | 14 | | methamphetamine or a substance containing | 15 | | methamphetamine is guilty of a Class X felony, subject | 16 | | to a term of imprisonment of not less than 12 years and | 17 | | not more than 50 years, and subject to a fine not to | 18 | | exceed $300,000 or the street value of the | 19 | | methamphetamine manufactured, whichever is greater.
| 20 | | (E) A person who participates in the manufacture of | 21 | | 900 grams or more of methamphetamine or a substance | 22 | | containing methamphetamine is guilty of a Class X | 23 | | felony, subject to a term of imprisonment of not less | 24 | | than 15 years and not more than 60 years, and subject | 25 | | to a fine not to exceed $400,000 or the street value of | 26 | | the methamphetamine, whichever is greater.
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| 1 | | (b) Aggravated participation in methamphetamine | 2 | | manufacturing.
| 3 | | (1) It is unlawful to engage in aggravated | 4 | | participation in the manufacture of methamphetamine. A | 5 | | person engages in aggravated participation in the | 6 | | manufacture of methamphetamine when the person violates | 7 | | paragraph (1) of subsection (a) and:
| 8 | | (A) the person knowingly does so in a multi-unit | 9 | | dwelling;
| 10 | | (B) the person knowingly does so in a structure or | 11 | | vehicle where a child under the age of 18, a person | 12 | | with a disability, or a person 60 years of age or older | 13 | | who is incapable of adequately providing for his or her | 14 | | own health and personal care resides, is present, or is | 15 | | endangered by the manufacture of methamphetamine;
| 16 | | (C) the person does so in a structure or vehicle | 17 | | where a woman the person knows to be pregnant | 18 | | (including but not limited to the person herself) | 19 | | resides, is present, or is endangered by the | 20 | | methamphetamine manufacture;
| 21 | | (D) the person knowingly does so in a structure or | 22 | | vehicle protected by one or more firearms, explosive | 23 | | devices, booby traps, alarm systems, surveillance | 24 | | systems, guard dogs, or dangerous animals;
| 25 | | (E) the methamphetamine manufacturing in which the | 26 | | person participates is a contributing cause of the |
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| 1 | | death, serious bodily injury, disability, or | 2 | | disfigurement of another person, including but not | 3 | | limited to an emergency service provider;
| 4 | | (F) the methamphetamine manufacturing in which the | 5 | | person participates is a contributing cause of a fire | 6 | | or explosion that damages property belonging to | 7 | | another person;
| 8 | | (G) the person knowingly organizes, directs, or | 9 | | finances the methamphetamine manufacturing or | 10 | | activities carried out in support of the | 11 | | methamphetamine manufacturing; or
| 12 | | (H) the methamphetamine manufacturing occurs | 13 | | within 1,000 feet of a place of worship or parsonage , | 14 | | or within 1,000 feet of the real property comprising | 15 | | any school .
| 16 | | (2) A person who violates paragraph (1) of this | 17 | | subsection (b) is subject to the following penalties:
| 18 | | (A) A person who participates in the manufacture of | 19 | | less than 15 grams of methamphetamine or a substance | 20 | | containing methamphetamine is guilty of a Class X | 21 | | felony, subject to a term of imprisonment of not less | 22 | | than 6 years and not more than 30 years, and subject to | 23 | | a fine not to exceed $100,000 or the street value of | 24 | | the methamphetamine, whichever is greater.
| 25 | | (B) A person who participates in the manufacture of | 26 | | 15 or more grams but less than 100 grams of |
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| 1 | | methamphetamine or a substance containing | 2 | | methamphetamine is guilty of a Class X felony, subject | 3 | | to a term of imprisonment of not less than 9 years and | 4 | | not more than 40 years, and subject to a fine not to | 5 | | exceed $200,000 or the street value of the | 6 | | methamphetamine, whichever is greater.
| 7 | | (C) A person who participates in the manufacture of | 8 | | 100 or more grams but less than 400 grams of | 9 | | methamphetamine or a substance containing | 10 | | methamphetamine is guilty of a Class X felony, subject | 11 | | to a term of imprisonment of not less than 12 years and | 12 | | not more than 50 years, and subject to a fine not to | 13 | | exceed $300,000 or the street value of the | 14 | | methamphetamine, whichever is greater.
| 15 | | (D) A person who participates in the manufacture of | 16 | | 400 grams or more of methamphetamine or a substance | 17 | | containing methamphetamine is guilty of a Class X | 18 | | felony, subject to a term of imprisonment of not less | 19 | | than 15 years and not more than 60 years, and subject | 20 | | to a fine not to exceed $400,000 or the street value of | 21 | | the methamphetamine, whichever is greater.
| 22 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; | 23 | | 95-571, eff. 6-1-08 .)
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