Full Text of HB4552 101st General Assembly
HB4552 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4552 Introduced 2/5/2020, by Rep. Tony McCombie SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-2 | from Ch. 38, par. 12-2 | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | 720 ILCS 5/18-1 | from Ch. 38, par. 18-1 | 720 ILCS 5/19-1 | from Ch. 38, par. 19-1 | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 |
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Amends the Criminal Code of 2012. Enhances the penalties from assault and battery to aggravated assault and aggravated battery if the victim is a pharmacist, student pharmacist, or pharmacy technician performing his or her duties as a pharmacist, student pharmacist, or pharmacy technician. Enhances from a Class 2 felony to a Class 1 felony a robbery or burglary committed in a pharmacy. Amends the Illinois Controlled Substances Act. Provides that any person who violates the provisions concerning the illegal delivery of a controlled substance in an amount not otherwise specified in the statute classified in Schedule II, III, IV, or V that was illegally and directly obtained from a pharmacy, either through robbery or burglary, which substance is not included as a Class 2 felony by the statute, is guilty of a Class 2 felony. Provides that the fine for a violation shall not be more than $200,000. Effective January 1, 2020.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Criminal Code of 2012 is amended by changing | 5 | | Sections 12-2, 12-3.05, 18-1, and 19-1 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) Offense based on location of conduct. A person commits | 9 | | aggravated assault when he or she commits an assault against an | 10 | | individual who is on or about a public way, public property, a | 11 | | public place of accommodation or amusement, or a sports venue. | 12 | | (b) Offense based on status of victim. A person commits | 13 | | aggravated assault when, in committing an assault, he or she | 14 | | knows the individual assaulted to be any of the following: | 15 | | (1) A person with a physical disability or a person 60 | 16 | | years of age or older and the assault is without legal | 17 | | justification. | 18 | | (2) A teacher or school employee upon school grounds or | 19 | | grounds adjacent to a school or in any part of a building | 20 | | used for school purposes. | 21 | | (3) A park district employee upon park grounds or | 22 | | grounds adjacent to a park or in any part of a building | 23 | | used for park purposes. |
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| 1 | | (4) A community policing volunteer, private security | 2 | | officer, or utility worker: | 3 | | (i) performing his or her official duties; | 4 | | (ii) assaulted to prevent performance of his or her | 5 | | official duties; or | 6 | | (iii) assaulted in retaliation for performing his | 7 | | or her official duties. | 8 | | (4.1) A peace officer, fireman, emergency management | 9 | | worker, or emergency medical services personnel: | 10 | | (i) performing his or her official duties; | 11 | | (ii) assaulted to prevent performance of his or her | 12 | | official duties; or | 13 | | (iii) assaulted in retaliation for performing his | 14 | | or her official duties. | 15 | | (5) A correctional officer or probation officer: | 16 | | (i) performing his or her official duties; | 17 | | (ii) assaulted to prevent performance of his or her | 18 | | official duties; or | 19 | | (iii) assaulted in retaliation for performing his | 20 | | or her official duties. | 21 | | (6) A correctional institution employee, a county | 22 | | juvenile detention center employee who provides direct and | 23 | | continuous supervision of residents of a juvenile | 24 | | detention center, including a county juvenile detention | 25 | | center employee who supervises recreational activity for | 26 | | residents of a juvenile detention center, or a Department |
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| 1 | | of Human Services employee, Department of Human Services | 2 | | officer, or employee of a subcontractor of the Department | 3 | | of Human Services supervising or controlling sexually | 4 | | dangerous persons or sexually violent persons: | 5 | | (i) performing his or her official duties; | 6 | | (ii) assaulted to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) assaulted in retaliation for performing his | 9 | | or her official duties. | 10 | | (7) An employee of the State of Illinois, a municipal | 11 | | corporation therein, or a political subdivision thereof, | 12 | | performing his or her official duties. | 13 | | (8) A transit employee performing his or her official | 14 | | duties, or a transit passenger. | 15 | | (9) A sports official or coach actively participating | 16 | | in any level of athletic competition within a sports venue, | 17 | | on an indoor playing field or outdoor playing field, or | 18 | | within the immediate vicinity of such a facility or field. | 19 | | (10) A person authorized to serve process under Section | 20 | | 2-202 of the Code of Civil Procedure or a special process | 21 | | server appointed by the circuit court, while that | 22 | | individual is in the performance of his or her duties as a | 23 | | process server. | 24 | | (11) A pharmacist, student pharmacist, or pharmacy | 25 | | technician performing his or her duties as a pharmacist, | 26 | | student pharmacist, or pharmacy technician. |
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| 1 | | (c) Offense based on use of firearm, device, or motor | 2 | | vehicle. A person commits aggravated assault when, in | 3 | | committing an assault, he or she does any of the following: | 4 | | (1) Uses a deadly weapon, an air rifle as defined in | 5 | | Section 24.8-0.1 of this Act, or any device manufactured | 6 | | and designed to be substantially similar in appearance to a | 7 | | firearm, other than by discharging a firearm. | 8 | | (2) Discharges a firearm, other than from a motor | 9 | | vehicle. | 10 | | (3) Discharges a firearm from a motor vehicle. | 11 | | (4) Wears a hood, robe, or mask to conceal his or her | 12 | | identity. | 13 | | (5) Knowingly and without lawful justification shines | 14 | | or flashes a laser gun sight or other laser device attached | 15 | | to a firearm, or used in concert with a firearm, so that | 16 | | the laser beam strikes near or in the immediate vicinity of | 17 | | any person. | 18 | | (6) Uses a firearm, other than by discharging the | 19 | | firearm, against a peace officer, community policing | 20 | | volunteer, fireman, private security officer, emergency | 21 | | management worker, emergency medical services personnel, | 22 | | employee of a police department, employee of a sheriff's | 23 | | department, or traffic control municipal employee: | 24 | | (i) performing his or her official duties; | 25 | | (ii) assaulted to prevent performance of his or her | 26 | | official duties; or |
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| 1 | | (iii) assaulted in retaliation for performing his | 2 | | or her official duties. | 3 | | (7) Without justification operates a motor vehicle in a | 4 | | manner which places a person, other than a person listed in | 5 | | subdivision (b)(4), in reasonable apprehension of being | 6 | | struck by the moving motor vehicle. | 7 | | (8) Without justification operates a motor vehicle in a | 8 | | manner which places a person listed in subdivision (b)(4), | 9 | | in reasonable apprehension of being struck by the moving | 10 | | motor vehicle. | 11 | | (9) Knowingly video or audio records the offense with | 12 | | the intent to disseminate the recording. | 13 | | (d) Sentence. Aggravated assault as defined in subdivision | 14 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 15 | | (b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | 16 | | except that aggravated assault as defined in subdivision (b)(4) | 17 | | and (b)(7) is a Class 4 felony if a Category I, Category II, or | 18 | | Category III weapon is used in the commission of the assault. | 19 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 20 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 | 21 | | felony. Aggravated assault as defined in subdivision (c)(3) or | 22 | | (c)(8) is a Class 3 felony. | 23 | | (e) For the purposes of this Section, "Category I weapon", | 24 | | "Category II weapon, and "Category III weapon" have the | 25 | | meanings ascribed to those terms in Section 33A-1 of this Code.
| 26 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
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| 1 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | 2 | | 99-816, eff. 8-15-16.)
| 3 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 4 | | Sec. 12-3.05. Aggravated battery.
| 5 | | (a) Offense based on injury. A person commits aggravated | 6 | | battery when, in committing a battery, other than by the | 7 | | discharge of a firearm, he or she knowingly does any of the | 8 | | following: | 9 | | (1) Causes great bodily harm or permanent disability or | 10 | | disfigurement. | 11 | | (2) Causes severe and permanent disability, great | 12 | | bodily harm, or disfigurement by means of a caustic or | 13 | | flammable substance, a poisonous gas, a deadly biological | 14 | | or chemical contaminant or agent, a radioactive substance, | 15 | | or a bomb or explosive compound. | 16 | | (3) Causes great bodily harm or permanent disability or | 17 | | disfigurement to an individual whom the person knows to be | 18 | | a peace officer, community policing volunteer, fireman, | 19 | | private security officer, correctional institution | 20 | | employee, or Department of Human Services employee | 21 | | supervising or controlling sexually dangerous persons or | 22 | | sexually violent persons: | 23 | | (i) performing his or her official duties; | 24 | | (ii) battered to prevent performance of his or her | 25 | | official duties; or |
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| 1 | | (iii) battered in retaliation for performing his | 2 | | or her official duties. | 3 | | (4) Causes great bodily harm or permanent disability or | 4 | | disfigurement to an individual 60 years of age or older. | 5 | | (5) Strangles another individual. | 6 | | (b) Offense based on injury to a child or person with an | 7 | | intellectual disability. A person who is at least 18 years of | 8 | | age commits aggravated battery when, in committing a battery, | 9 | | he or she knowingly and without legal justification by any | 10 | | means: | 11 | | (1) causes great bodily harm or permanent disability or | 12 | | disfigurement to any child under the age of 13 years, or to | 13 | | any person with a severe or profound intellectual | 14 | | disability; or | 15 | | (2) causes bodily harm or disability or disfigurement | 16 | | to any child under the age of 13 years or to any person | 17 | | with a severe or profound intellectual disability. | 18 | | (c) Offense based on location of conduct. A person commits | 19 | | aggravated battery when, in committing a battery, other than by | 20 | | the discharge of a firearm, he or she is or the person battered | 21 | | is on or about a public way, public property, a public place of | 22 | | accommodation or amusement, a sports venue, or a domestic | 23 | | violence shelter. | 24 | | (d) Offense based on status of victim. A person commits | 25 | | aggravated battery when, in committing a battery, other than by | 26 | | discharge of a firearm, he or she knows the individual battered |
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| 1 | | to be any of the following: | 2 | | (1) A person 60 years of age or older. | 3 | | (2) A person who is pregnant or has a physical | 4 | | disability. | 5 | | (3) A teacher or school employee upon school grounds or | 6 | | grounds adjacent to a school or in any part of a building | 7 | | used for school purposes. | 8 | | (4) A peace officer, community policing volunteer, | 9 | | fireman, private security officer, correctional | 10 | | institution employee, or Department of Human Services | 11 | | employee supervising or controlling sexually dangerous | 12 | | persons or sexually violent persons: | 13 | | (i) performing his or her official duties; | 14 | | (ii) battered to prevent performance of his or her | 15 | | official duties; or | 16 | | (iii) battered in retaliation for performing his | 17 | | or her official duties. | 18 | | (5) A judge, emergency management worker, emergency | 19 | | medical services personnel, or utility worker: | 20 | | (i) performing his or her official duties; | 21 | | (ii) battered to prevent performance of his or her | 22 | | official duties; or | 23 | | (iii) battered in retaliation for performing his | 24 | | or her official duties. | 25 | | (6) An officer or employee of the State of Illinois, a | 26 | | unit of local government, or a school district, while |
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| 1 | | performing his or her official duties. | 2 | | (7) A transit employee performing his or her official | 3 | | duties, or a transit passenger. | 4 | | (8) A taxi driver on duty. | 5 | | (9) A merchant who detains the person for an alleged | 6 | | commission of retail theft under Section 16-26 of this Code | 7 | | and the person without legal justification by any means | 8 | | causes bodily harm to the merchant. | 9 | | (10) A person authorized to serve process under Section | 10 | | 2-202 of the Code of Civil Procedure or a special process | 11 | | server appointed by the circuit court while that individual | 12 | | is in the performance of his or her duties as a process | 13 | | server. | 14 | | (11) A nurse while in the performance of his or her | 15 | | duties as a nurse. | 16 | | (12) A pharmacist, student pharmacist, or pharmacy | 17 | | technician performing his or her duties as a pharmacist, | 18 | | student pharmacist, or pharmacy technician. | 19 | | (e) Offense based on use of a firearm. A person commits | 20 | | aggravated battery when, in committing a battery, he or she | 21 | | knowingly does any of the following: | 22 | | (1) Discharges a firearm, other than a machine gun or a | 23 | | firearm equipped with a silencer, and causes any injury to | 24 | | another person. | 25 | | (2) Discharges a firearm, other than a machine gun or a | 26 | | firearm equipped with a silencer, and causes any injury to |
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| 1 | | a person he or she knows to be a peace officer, community | 2 | | policing volunteer, person summoned by a police officer, | 3 | | fireman, private security officer, correctional | 4 | | institution employee, or emergency management worker: | 5 | | (i) performing his or her official duties; | 6 | | (ii) battered to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) battered in retaliation for performing his | 9 | | or her official duties. | 10 | | (3) Discharges a firearm, other than a machine gun or a | 11 | | firearm equipped with a silencer, and causes any injury to | 12 | | a person he or she knows to be emergency medical services | 13 | | personnel: | 14 | | (i) performing his or her official duties; | 15 | | (ii) battered to prevent performance of his or her | 16 | | official duties; or | 17 | | (iii) battered in retaliation for performing his | 18 | | or her official duties. | 19 | | (4) Discharges a firearm and causes any injury to a | 20 | | person he or she knows to be a teacher, a student in a | 21 | | school, or a school employee, and the teacher, student, or | 22 | | employee is upon school grounds or grounds adjacent to a | 23 | | school or in any part of a building used for school | 24 | | purposes. | 25 | | (5) Discharges a machine gun or a firearm equipped with | 26 | | a silencer, and causes any injury to another person. |
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| 1 | | (6) Discharges a machine gun or a firearm equipped with | 2 | | a silencer, and causes any injury to a person he or she | 3 | | knows to be a peace officer, community policing volunteer, | 4 | | person summoned by a police officer, fireman, private | 5 | | security officer, correctional institution employee or | 6 | | emergency management worker: | 7 | | (i) performing his or her official duties; | 8 | | (ii) battered to prevent performance of his or her | 9 | | official duties; or | 10 | | (iii) battered in retaliation for performing his | 11 | | or her official duties. | 12 | | (7) Discharges a machine gun or a firearm equipped with | 13 | | a silencer, and causes any injury to a person he or she | 14 | | knows to be emergency medical services personnel: | 15 | | (i) performing his or her official duties; | 16 | | (ii) battered to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) battered in retaliation for performing his | 19 | | or her official duties. | 20 | | (8) Discharges a machine gun or a firearm equipped with | 21 | | a silencer, and causes any injury to a person he or she | 22 | | knows to be a teacher, or a student in a school, or a | 23 | | school employee, and the teacher, student, or employee is | 24 | | upon school grounds or grounds adjacent to a school or in | 25 | | any part of a building used for school purposes. | 26 | | (f) Offense based on use of a weapon or device. A person |
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| 1 | | commits aggravated battery when, in committing a battery, he or | 2 | | she does any of the following: | 3 | | (1) Uses a deadly weapon other than by discharge of a | 4 | | firearm, or uses an air rifle as defined in Section | 5 | | 24.8-0.1 of this Code. | 6 | | (2) Wears a hood, robe, or mask to conceal his or her | 7 | | identity. | 8 | | (3) Knowingly and without lawful justification shines | 9 | | or flashes a laser gunsight or other laser device attached | 10 | | to a firearm, or used in concert with a firearm, so that | 11 | | the laser beam strikes upon or against the person of | 12 | | another. | 13 | | (4) Knowingly video or audio records the offense with | 14 | | the intent to disseminate the recording. | 15 | | (g) Offense based on certain conduct. A person commits | 16 | | aggravated battery when, other than by discharge of a firearm, | 17 | | he or she does any of the following: | 18 | | (1) Violates Section 401 of the Illinois Controlled | 19 | | Substances Act by unlawfully delivering a controlled | 20 | | substance to another and any user experiences great bodily | 21 | | harm or permanent disability as a result of the injection, | 22 | | inhalation, or ingestion of any amount of the controlled | 23 | | substance. | 24 | | (2) Knowingly administers to an individual or causes | 25 | | him or her to take, without his or her consent or by threat | 26 | | or deception, and for other than medical purposes, any |
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| 1 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, | 2 | | or controlled substance, or gives to another person any | 3 | | food containing any substance or object intended to cause | 4 | | physical injury if eaten. | 5 | | (3) Knowingly causes or attempts to cause a | 6 | | correctional institution employee or Department of Human | 7 | | Services employee to come into contact with blood, seminal | 8 | | fluid, urine, or feces by throwing, tossing, or expelling | 9 | | the fluid or material, and the person is an inmate of a | 10 | | penal institution or is a sexually dangerous person or | 11 | | sexually violent person in the custody of the Department of | 12 | | Human Services. | 13 | | (h) Sentence. Unless otherwise provided, aggravated | 14 | | battery is a Class 3 felony. | 15 | | Aggravated battery as defined in subdivision (a)(4), | 16 | | (d)(4), or (g)(3) is a Class 2 felony. | 17 | | Aggravated battery as defined in subdivision (a)(3) or | 18 | | (g)(1) is a Class 1 felony. | 19 | | Aggravated battery as defined in subdivision (a)(1) is a | 20 | | Class 1 felony when the aggravated battery was intentional and | 21 | | involved the infliction of torture, as defined in paragraph | 22 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 23 | | infliction of or subjection to extreme physical pain, motivated | 24 | | by an intent to increase or prolong the pain, suffering, or | 25 | | agony of the victim. | 26 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
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| 1 | | felony if: | 2 | | (A) the person used or attempted to use a dangerous
| 3 | | instrument while committing the offense; or | 4 | | (B) the person caused great bodily harm or
permanent | 5 | | disability or disfigurement to the other
person while | 6 | | committing the offense; or | 7 | | (C) the person has been previously convicted of a
| 8 | | violation of subdivision (a)(5) under the laws of this
| 9 | | State or laws similar to subdivision (a)(5) of any other
| 10 | | state. | 11 | | Aggravated battery as defined in subdivision (e)(1) is a | 12 | | Class X felony. | 13 | | Aggravated battery as defined in subdivision (a)(2) is a | 14 | | Class X felony for which a person shall be sentenced to a term | 15 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 16 | | years. | 17 | | Aggravated battery as defined in subdivision (e)(5) is a | 18 | | Class X felony for which a person shall be sentenced to a term | 19 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 20 | | years. | 21 | | Aggravated battery as defined in subdivision (e)(2), | 22 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 23 | | be sentenced to a term of imprisonment of a minimum of 15 years | 24 | | and a maximum of 60 years. | 25 | | Aggravated battery as defined in subdivision (e)(6), | 26 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
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| 1 | | be sentenced to a term of imprisonment of a minimum of 20 years | 2 | | and a maximum of 60 years. | 3 | | Aggravated battery as defined in subdivision (b)(1) is a | 4 | | Class X felony, except that: | 5 | | (1) if the person committed the offense while armed | 6 | | with a firearm, 15 years shall be added to the term of | 7 | | imprisonment imposed by the court; | 8 | | (2) if, during the commission of the offense, the | 9 | | person personally discharged a firearm, 20 years shall be | 10 | | added to the term of imprisonment imposed by the court; | 11 | | (3) if, during the commission of the offense, the | 12 | | person personally discharged a firearm that proximately | 13 | | caused great bodily harm, permanent disability, permanent | 14 | | disfigurement, or death to another person, 25 years or up | 15 | | to a term of natural life shall be added to the term of | 16 | | imprisonment imposed by the court. | 17 | | (i) Definitions. For the purposes of this Section: | 18 | | "Building or other structure used to provide shelter" has | 19 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 20 | | Violence Shelters Act. | 21 | | "Domestic violence" has the meaning ascribed to it in | 22 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 23 | | "Domestic violence shelter" means any building or other | 24 | | structure used to provide shelter or other services to victims | 25 | | or to the dependent children of victims of domestic violence | 26 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
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| 1 | | Domestic Violence Shelters Act, or any place within 500 feet of | 2 | | such a building or other structure in the case of a person who | 3 | | is going to or from such a building or other structure. | 4 | | "Firearm" has the meaning provided under Section 1.1
of the | 5 | | Firearm Owners Identification Card Act, and does
not include an | 6 | | air rifle as defined by Section 24.8-0.1 of this Code. | 7 | | "Machine gun" has the meaning ascribed to it in Section | 8 | | 24-1 of this Code. | 9 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 | 10 | | of this Code. | 11 | | "Strangle" means
intentionally impeding the normal | 12 | | breathing or circulation of the blood of an individual by | 13 | | applying pressure on the throat
or neck of that individual or | 14 | | by blocking the nose or mouth of
that individual.
| 15 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | 16 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| 17 | | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| 18 | | Sec. 18-1. Robbery; aggravated robbery.
| 19 | | (a) Robbery. A person commits robbery when he or she | 20 | | knowingly takes property, except a
motor vehicle covered by | 21 | | Section 18-3 or 18-4,
from the person or presence of another by | 22 | | the use of force or by
threatening the imminent use of force.
| 23 | | (b) Aggravated robbery. | 24 | | (1) A person commits aggravated robbery when he or she | 25 | | violates subsection (a) while indicating verbally or by his |
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| 1 | | or her actions to the
victim that he or she is presently | 2 | | armed with a firearm or other dangerous
weapon, including a | 3 | | knife, club, ax, or bludgeon. This offense shall be
| 4 | | applicable even though it is later determined that he or | 5 | | she had no firearm or
other dangerous weapon, including a | 6 | | knife, club, ax, or bludgeon, in
his or her possession when | 7 | | he or she committed the robbery. | 8 | | (2) A person commits aggravated robbery when he or she | 9 | | knowingly takes property
from the person or presence of | 10 | | another by delivering (by injection, inhalation,
| 11 | | ingestion, transfer of possession, or any other means) to | 12 | | the victim without
his or her consent, or by threat or | 13 | | deception,
and for other than medical
purposes, any
| 14 | | controlled substance. | 15 | | (c) Sentence.
| 16 | | Robbery is a Class 2 felony, unless the victim is 60 years | 17 | | of age
or over or is a person with a physical disability, or | 18 | | the robbery is
committed
in a school, day care center, day care | 19 | | home, group day care home, or part day child care facility, | 20 | | pharmacy, or place of worship, in which case robbery is a Class | 21 | | 1 felony. Aggravated robbery is a Class 1 felony.
| 22 | | (d) Regarding penalties prescribed in subsection
(c) for | 23 | | violations committed in a day care center, day care home, group | 24 | | day care home, or part day child care facility, the time of | 25 | | day, time of year, and whether
children under 18 years of age | 26 | | were present in the day care center, day care home, group day |
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| 1 | | care home, or part day child care facility are irrelevant. | 2 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 3 | | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
| 4 | | Sec. 19-1. Burglary.
| 5 | | (a) A person commits burglary when without authority he or | 6 | | she knowingly enters
or without authority remains within a | 7 | | building, housetrailer, watercraft,
aircraft, motor vehicle, | 8 | | railroad
car, or any part thereof, with intent to commit | 9 | | therein a felony or theft.
This offense shall not include the | 10 | | offenses set out in Section 4-102 of the
Illinois Vehicle Code.
| 11 | | (b) Sentence.
| 12 | | Burglary committed in, and without causing damage to, a | 13 | | watercraft, aircraft, motor vehicle, railroad car, or any part | 14 | | thereof is a Class 3 felony. Burglary committed in a building, | 15 | | housetrailer, or any part thereof or while causing damage to a | 16 | | watercraft, aircraft, motor vehicle, railroad car, or any part | 17 | | thereof is a Class 2 felony. A burglary committed in a school, | 18 | | day care center, day care home, group day care home, or part | 19 | | day child care facility, pharmacy, or place of
worship is a
| 20 | | Class 1 felony, except that this provision does not apply to a | 21 | | day care center, day care home, group day care home, or part | 22 | | day child care facility operated in a private residence used as | 23 | | a dwelling.
| 24 | | (c) Regarding penalties prescribed in subsection
(b) for | 25 | | violations committed in a day care center, day care home, group |
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| 1 | | day care home, or part day child care facility, the time of | 2 | | day, time of year, and whether children under 18 years of age | 3 | | were present in the day care center, day care home, group day | 4 | | care home, or part day child care facility are irrelevant. | 5 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 6 | | Section 10. The Illinois Controlled Substances Act is | 7 | | amended by changing Section 401 as follows:
| 8 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| 9 | | Sec. 401. Manufacture or delivery, or possession with | 10 | | intent to
manufacture or deliver, a controlled substance, a | 11 | | counterfeit substance, or controlled substance analog. Except | 12 | | as authorized by this Act, it is unlawful for any
person | 13 | | knowingly to manufacture or deliver, or possess with intent to
| 14 | | manufacture or deliver, a controlled substance other than | 15 | | methamphetamine and other than bath salts as defined in the | 16 | | Bath Salts Prohibition Act sold or offered for sale in a retail | 17 | | mercantile establishment as defined in Section 16-0.1 of the | 18 | | Criminal Code of 2012, a counterfeit substance, or a controlled
| 19 | | substance analog. A violation of this Act with respect to each | 20 | | of the controlled
substances listed herein constitutes a single | 21 | | and separate violation of this
Act. For purposes of this | 22 | | Section, "controlled substance analog" or "analog"
means a | 23 | | substance, other than a controlled substance, which is not | 24 | | approved by the United States Food and Drug Administration or, |
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| 1 | | if approved, is not dispensed or possessed in accordance with | 2 | | State or federal law, and that has a chemical structure | 3 | | substantially similar to that of a controlled
substance in | 4 | | Schedule I or II, or that was specifically designed to produce
| 5 | | an effect substantially similar to that of a controlled | 6 | | substance in Schedule
I or II. Examples of chemical classes in | 7 | | which controlled substance analogs
are found include, but are | 8 | | not limited to, the following: phenethylamines,
N-substituted | 9 | | piperidines, morphinans, ecgonines, quinazolinones, | 10 | | substituted
indoles, and arylcycloalkylamines. For purposes of | 11 | | this Act, a controlled
substance analog shall be treated in the | 12 | | same manner as the controlled
substance to which it is | 13 | | substantially similar.
| 14 | | (a) Any person who violates this Section with respect to | 15 | | the following
amounts of controlled or counterfeit substances | 16 | | or controlled substance
analogs, notwithstanding any of the | 17 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 18 | | contrary, is guilty of a Class X felony
and shall be sentenced | 19 | | to a term of imprisonment as provided in this subsection
(a) | 20 | | and fined as provided in subsection (b):
| 21 | | (1)(A) not less than 6 years and not more than 30 years | 22 | | with respect
to 15 grams or more but less than 100 grams of | 23 | | a substance containing
heroin, or an analog thereof;
| 24 | | (B) not less than 9 years and not more than 40 years | 25 | | with respect to 100
grams or more but less than 400 grams | 26 | | of a substance containing heroin, or
an analog thereof;
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| 1 | | (C) not less than 12 years and not more than 50 years | 2 | | with respect to
400 grams or more but less than 900 grams | 3 | | of a substance containing heroin,
or an analog thereof;
| 4 | | (D) not less than 15 years and not more than 60 years | 5 | | with respect to
900 grams or more of any substance | 6 | | containing heroin, or an analog thereof;
| 7 | | (1.5)(A) not less than 6 years and not more than 30 | 8 | | years with respect to 15 grams or more but less than 100 | 9 | | grams of a substance containing fentanyl, or an analog | 10 | | thereof; | 11 | | (B) not less than 9 years and not more than 40 years | 12 | | with respect to 100 grams or more but less than 400 grams | 13 | | of a substance containing fentanyl, or an analog thereof; | 14 | | (C) not less than 12 years and not more than 50 years | 15 | | with respect to 400 grams or more but less than 900 grams | 16 | | of a substance containing fentanyl, or an analog thereof; | 17 | | (D) not less than 15 years and not more than 60 years | 18 | | with respect to 900 grams or more of a substance containing | 19 | | fentanyl, or an analog thereof; | 20 | | (2)(A) not less than 6 years and not more than 30 years | 21 | | with respect
to 15 grams or more but less than 100 grams of | 22 | | a substance containing
cocaine, or an analog thereof;
| 23 | | (B) not less than 9 years and not more than 40 years | 24 | | with respect to 100
grams or more but less than 400 grams | 25 | | of a substance containing cocaine, or
an analog thereof;
| 26 | | (C) not less than 12 years and not more than 50 years |
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| 1 | | with respect to
400 grams or more but less than 900 grams | 2 | | of a substance containing cocaine,
or an analog thereof;
| 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect to
900 grams or more of any substance | 5 | | containing cocaine, or an analog thereof;
| 6 | | (3)(A) not less than 6 years and not more than 30 years | 7 | | with respect
to 15 grams or more but less than 100 grams of | 8 | | a substance containing
morphine, or an analog thereof;
| 9 | | (B) not less than 9 years and not more than 40 years | 10 | | with respect to
100 grams or more but less than 400 grams | 11 | | of a substance containing morphine,
or an analog thereof;
| 12 | | (C) not less than 12 years and not more than 50 years | 13 | | with respect to
400 grams or more but less than 900 grams | 14 | | of a substance containing
morphine, or an analog thereof;
| 15 | | (D) not less than 15 years and not more than 60 years | 16 | | with respect to
900 grams or more of a substance containing | 17 | | morphine, or an analog thereof;
| 18 | | (4) 200 grams or more of any substance containing | 19 | | peyote, or an
analog thereof;
| 20 | | (5) 200 grams or more of any substance containing a | 21 | | derivative of
barbituric acid or any of the salts of a | 22 | | derivative of barbituric acid, or
an analog thereof;
| 23 | | (6) 200 grams or more of any substance containing | 24 | | amphetamine
or any salt of an optical isomer of | 25 | | amphetamine,
or an analog thereof;
| 26 | | (6.5) (blank);
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| 1 | | (6.6) (blank);
| 2 | | (7)(A) not less than 6 years and not more than 30 years | 3 | | with respect
to: (i) 15 grams or more but less than 100 | 4 | | grams of a substance containing
lysergic acid diethylamide | 5 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or | 6 | | 15 or more segregated parts of an object or objects but
| 7 | | less than 200 objects or 200 segregated parts of an object | 8 | | or objects
containing in them or having upon them any | 9 | | amounts of any substance
containing lysergic acid | 10 | | diethylamide (LSD), or an analog thereof;
| 11 | | (B) not less than 9 years and not more than 40 years | 12 | | with respect
to: (i) 100 grams or more but less than 400 | 13 | | grams of a substance containing
lysergic acid diethylamide | 14 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or | 15 | | 200 or more segregated parts of an object or objects but | 16 | | less
than 600 objects or less than 600 segregated parts of | 17 | | an object or objects
containing in them or having upon them | 18 | | any amount of any substance
containing lysergic acid | 19 | | diethylamide (LSD), or an analog thereof;
| 20 | | (C) not less than 12 years and not more than 50 years | 21 | | with respect
to: (i) 400 grams or more but less than 900 | 22 | | grams of a substance containing
lysergic acid diethylamide | 23 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or | 24 | | 600 or more segregated parts of an object or objects but | 25 | | less
than 1500 objects or 1500 segregated parts of an | 26 | | object or objects
containing in them or having upon them |
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| 1 | | any amount of any substance
containing lysergic acid | 2 | | diethylamide (LSD), or an analog thereof;
| 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect
to: (i) 900 grams or more of any substance | 5 | | containing lysergic acid
diethylamide (LSD), or an analog | 6 | | thereof, or (ii) 1500 or more objects or
1500 or more | 7 | | segregated parts of an object or objects containing in them | 8 | | or
having upon them any amount of a substance containing | 9 | | lysergic acid
diethylamide (LSD), or an analog thereof;
| 10 | | (7.5)(A) not less than 6 years and not more than 30 years | 11 | | with respect
to:
(i) 15
grams or more but less than 100 | 12 | | grams of a substance listed in paragraph (1),
(2), (2.1), | 13 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) | 14 | | of subsection
(d) of Section 204, or an analog or | 15 | | derivative thereof, or (ii) 15 or more
pills, tablets, | 16 | | caplets, capsules, or objects but less than 200 pills, | 17 | | tablets,
caplets, capsules, or objects containing in them | 18 | | or having upon them any
amounts of any substance listed in | 19 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | 20 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 21 | | 204, or
an analog or derivative thereof;
| 22 | | (B) not less than 9 years and not more than 40 years | 23 | | with respect to:
(i) 100 grams or more but less than 400 | 24 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 25 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) | 26 | | of subsection (d) of Section 204, or an analog or
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| 1 | | derivative thereof, or (ii) 200 or more pills, tablets, | 2 | | caplets, capsules, or
objects but less than 600 pills, | 3 | | tablets, caplets, capsules, or objects
containing in them | 4 | | or having upon them any amount of any substance listed in
| 5 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 6 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 7 | | 204, or an analog or derivative thereof;
| 8 | | (C) not less than 12 years and not more than 50 years | 9 | | with respect to:
(i) 400 grams or more but less than 900 | 10 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 11 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
| 12 | | of subsection (d) of Section 204, or an analog or | 13 | | derivative thereof,
or (ii) 600 or more pills, tablets, | 14 | | caplets, capsules, or objects but less than
1,500 pills, | 15 | | tablets, caplets, capsules, or objects
containing in them | 16 | | or having upon them any amount of any substance listed in
| 17 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 18 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 19 | | 204, or an analog or derivative thereof;
| 20 | | (D) not less than 15 years and not more than 60 years | 21 | | with respect to:
(i) 900 grams or more of any substance | 22 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), | 23 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 24 | | of
Section 204, or an analog or derivative thereof, or (ii) | 25 | | 1,500 or more pills,
tablets, caplets, capsules, or objects | 26 | | containing in them or having upon them
any amount
of a |
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| 1 | | substance listed in paragraph (1), (2), (2.1), (2.2), (3), | 2 | | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 3 | | subsection (d) of Section 204, or an analog or derivative | 4 | | thereof;
| 5 | | (8) 30 grams or more of any substance containing | 6 | | pentazocine or any of
the salts, isomers and salts of | 7 | | isomers of pentazocine, or an analog thereof;
| 8 | | (9) 30 grams or more of any substance containing | 9 | | methaqualone or any of
the salts, isomers and salts of | 10 | | isomers of methaqualone, or an analog thereof;
| 11 | | (10) 30 grams or more of any substance containing | 12 | | phencyclidine or any
of the salts, isomers and salts of | 13 | | isomers of phencyclidine (PCP),
or an analog thereof;
| 14 | | (10.5) 30 grams or more of any substance containing | 15 | | ketamine
or any of the salts, isomers and salts of isomers | 16 | | of ketamine,
or an analog thereof;
| 17 | | (10.6) 100 grams or more of any substance containing | 18 | | hydrocodone, or any of the salts, isomers and salts of | 19 | | isomers of hydrocodone, or an analog thereof; | 20 | | (10.7) (blank); | 21 | | (10.8) 100 grams or more of any substance containing | 22 | | dihydrocodeine, or any of the salts, isomers and salts of | 23 | | isomers of dihydrocodeine, or an analog thereof; | 24 | | (10.9) 100 grams or more of any substance containing | 25 | | oxycodone, or any of the salts, isomers and salts of | 26 | | isomers of oxycodone, or an analog thereof; |
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| 1 | | (11) 200 grams or more of any substance containing any | 2 | | other controlled
substance classified in Schedules I or II, | 3 | | or an analog thereof, which is
not otherwise included in | 4 | | this subsection.
| 5 | | (b) Any person sentenced with respect to violations of | 6 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 7 | | involving
100 grams or
more of the
controlled substance named | 8 | | therein, may in addition to the penalties
provided therein, be | 9 | | fined an amount not more than $500,000 or the full
street value | 10 | | of the controlled or counterfeit substance or controlled | 11 | | substance
analog, whichever is greater. The term "street value" | 12 | | shall have the
meaning ascribed in Section 110-5 of the Code of | 13 | | Criminal Procedure of
1963. Any person sentenced with respect | 14 | | to any other provision of
subsection (a), may in addition to | 15 | | the penalties provided therein, be fined
an amount not to | 16 | | exceed $500,000. | 17 | | (b-1) Excluding violations of this Act when the controlled | 18 | | substance is fentanyl, any person sentenced to a term of | 19 | | imprisonment with respect to violations of Section 401, 401.1, | 20 | | 405, 405.1, 405.2, or 407, when the substance containing the | 21 | | controlled substance contains any amount of fentanyl, 3 years | 22 | | shall be added to the term of imprisonment imposed by the | 23 | | court, and the maximum sentence for the offense shall be | 24 | | increased by 3 years.
| 25 | | (c) Any person who violates this Section with regard to the
| 26 | | following amounts of controlled or counterfeit substances
or |
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| 1 | | controlled substance analogs, notwithstanding any of the | 2 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 3 | | to the
contrary, is guilty of a Class 1 felony. The fine for | 4 | | violation of this
subsection (c) shall not be more than | 5 | | $250,000:
| 6 | | (1) 1 gram or more but less than 15 grams of any
| 7 | | substance containing heroin, or an analog thereof;
| 8 | | (1.5) 1 gram or more but less than 15 grams of any | 9 | | substance containing fentanyl, or an analog thereof; | 10 | | (2) 1 gram or more but less than 15
grams of any | 11 | | substance containing cocaine, or an analog thereof;
| 12 | | (3) 10 grams or more but less than 15 grams of any | 13 | | substance
containing morphine, or an analog thereof;
| 14 | | (4) 50 grams or more but less than 200 grams of any | 15 | | substance
containing peyote, or an analog thereof;
| 16 | | (5) 50 grams or more but less than 200 grams of any | 17 | | substance
containing a derivative of barbituric acid or any | 18 | | of the salts of a
derivative of barbituric acid, or an | 19 | | analog thereof;
| 20 | | (6) 50 grams or more but less than 200 grams of any | 21 | | substance
containing amphetamine or any salt of an optical | 22 | | isomer
of amphetamine, or an analog thereof;
| 23 | | (6.5) (blank);
| 24 | | (7)(i) 5 grams or more but less than 15 grams of any | 25 | | substance
containing lysergic acid diethylamide (LSD), or | 26 | | an analog thereof,
or (ii)
more than 10 objects or more |
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| 1 | | than 10 segregated parts of an object or objects
but less | 2 | | than 15 objects or less than 15 segregated parts of an | 3 | | object
containing in them or having upon them any amount of | 4 | | any substance
containing lysergic acid diethylamide (LSD), | 5 | | or an analog thereof;
| 6 | | (7.5)(i) 5 grams or more but less than 15 grams of any | 7 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | 8 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | 9 | | subsection (d) of Section 204, or an analog or derivative | 10 | | thereof, or
(ii) more than 10 pills, tablets, caplets, | 11 | | capsules, or objects but less than
15 pills, tablets, | 12 | | caplets, capsules, or objects containing in them or having
| 13 | | upon them any amount of any substance listed in paragraph | 14 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | 15 | | (21), (25), or (26) of subsection (d) of
Section 204, or an | 16 | | analog or derivative thereof;
| 17 | | (8) 10 grams or more but less than 30 grams of any | 18 | | substance
containing pentazocine or any of the salts, | 19 | | isomers and salts of isomers of
pentazocine, or an analog | 20 | | thereof;
| 21 | | (9) 10 grams or more but less than 30 grams of any | 22 | | substance
containing methaqualone or any of the salts, | 23 | | isomers and salts of isomers
of methaqualone, or an analog | 24 | | thereof;
| 25 | | (10) 10 grams or more but less than 30 grams of any | 26 | | substance
containing phencyclidine or any of the salts, |
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| 1 | | isomers and salts of isomers
of phencyclidine (PCP), or an | 2 | | analog thereof;
| 3 | | (10.5) 10 grams or more but less than 30 grams of any | 4 | | substance
containing ketamine or any of the salts, isomers | 5 | | and salts of
isomers of ketamine, or an analog thereof;
| 6 | | (10.6) 50 grams or more but less than 100 grams of any | 7 | | substance containing hydrocodone, or any of the salts, | 8 | | isomers and salts of isomers of hydrocodone, or an analog | 9 | | thereof; | 10 | | (10.7) (blank); | 11 | | (10.8) 50 grams or more but less than 100 grams of any | 12 | | substance containing dihydrocodeine, or any of the salts, | 13 | | isomers and salts of isomers of dihydrocodeine, or an | 14 | | analog thereof; | 15 | | (10.9) 50 grams or more but less than 100 grams of any | 16 | | substance containing oxycodone, or any of the salts, | 17 | | isomers and salts of isomers of oxycodone, or an analog | 18 | | thereof; | 19 | | (11) 50 grams or more but less than 200 grams of any | 20 | | substance
containing a substance classified in Schedules I | 21 | | or II, or an analog
thereof, which is not otherwise | 22 | | included in this subsection.
| 23 | | (c-5) (Blank).
| 24 | | (d) Any person who violates this Section with regard to any | 25 | | other
amount of a controlled or counterfeit substance | 26 | | containing dihydrocodeine or classified in
Schedules I or II, |
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| 1 | | or an analog thereof, which is (i) a narcotic
drug, (ii) | 2 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) | 3 | | any
substance containing amphetamine or fentanyl or any salt or | 4 | | optical
isomer of amphetamine or fentanyl, or an analog | 5 | | thereof, or (iv) any
substance containing N-Benzylpiperazine | 6 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine | 7 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The | 8 | | fine for violation of this subsection (d) shall
not be more | 9 | | than $200,000.
| 10 | | (d-5) (Blank).
| 11 | | (d-7) Any person who violates this Section with regard to | 12 | | any other amount of a controlled substance classified in | 13 | | Schedule II, III, IV, or V that was illegally and directly | 14 | | obtained from a pharmacy, either through robbery, as defined in | 15 | | Section 18-1 of the Criminal Code of 2012, or burglary, as | 16 | | defined in Section 19-1 of the Criminal Code of 2012, which | 17 | | substance is not included under subsection (d) of this Section, | 18 | | is guilty of a Class 2 felony. The fine for violation of this | 19 | | subsection (d-7) shall not be more than $200,000. | 20 | | (e) Any person who violates this Section with regard to any | 21 | | other
amount of a controlled substance other than | 22 | | methamphetamine or counterfeit substance classified in
| 23 | | Schedule I or II, or an analog thereof, which substance is not
| 24 | | included under subsection (d) of this Section, is
guilty of a | 25 | | Class 3 felony. The fine for violation of this subsection (e)
| 26 | | shall not be more than $150,000.
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| 1 | | (f) Any person who violates this Section with regard to any | 2 | | other
amount of a controlled or counterfeit substance | 3 | | classified in
Schedule III is guilty of a Class 3 felony. The | 4 | | fine for violation of
this subsection (f) shall not be more | 5 | | than $125,000.
| 6 | | (g) Any person who violates this Section with regard to any | 7 | | other
amount of a controlled or counterfeit substance | 8 | | classified
in Schedule IV is guilty of a Class 3 felony. The | 9 | | fine for violation of
this subsection (g) shall not be more | 10 | | than $100,000.
| 11 | | (h) Any person who violates this Section with regard to any | 12 | | other
amount of a controlled or counterfeit substance | 13 | | classified in
Schedule V is guilty of a Class 3 felony. The | 14 | | fine for violation of this
subsection (h) shall not be more | 15 | | than $75,000.
| 16 | | (i) This Section does not apply to the manufacture, | 17 | | possession or
distribution of a substance in conformance with | 18 | | the provisions of an approved
new drug application or an | 19 | | exemption for investigational use within the
meaning of Section | 20 | | 505 of the Federal Food, Drug and Cosmetic Act.
| 21 | | (j) (Blank).
| 22 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | 23 | | 100-368, eff. 1-1-18 .)
| 24 | | Section 99. Effective date. This Act takes effect January | 25 | | 1, 2020.
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