Full Text of HB5886 99th General Assembly
HB5886 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5886 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/407 | from Ch. 56 1/2, par. 1407 |
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Amends the Illinois Controlled Substances Act. Eliminates the discretionary enhanced penalty for a person 18 years of age or over delivering an illegal
controlled, counterfeit, or look-alike substance to a person under 18 years
of age. Provides for an enhanced penalty for delivering an illegal controlled or counterfeit substance or controlled substance analog in a drug treatment center, on the real property comprising a drug treatment center, or within 1,000 feet of the real property comprising a drug treatment center. Defines "drug treatment center".
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5886 | | LRB099 19181 RLC 43573 b |
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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 Illinois Controlled Substances Act is | 5 | | amended by changing Section 407 as follows:
| 6 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| 7 | | Sec. 407. (a) (1)(A) (Blank). Any person 18 years of age or | 8 | | over who violates any
subsection of Section 401 or subsection | 9 | | (b) of Section 404 by delivering a
controlled, counterfeit or | 10 | | look-alike substance to a person under 18 years
of age may be | 11 | | sentenced to imprisonment for a term up to twice the maximum
| 12 | | term and fined an amount up to twice that amount otherwise | 13 | | authorized by
the pertinent subsection of Section 401 and | 14 | | Subsection (b) of Section 404.
| 15 | | (B) (Blank).
| 16 | | (2) Except as provided in paragraph (3) of this subsection, | 17 | | any person
who violates:
| 18 | | (A) subsection (c) of Section 401 by delivering or | 19 | | possessing with
intent to deliver a controlled, | 20 | | counterfeit, or look-alike substance in or
on, or within | 21 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 22 | | of
a Class 1 felony, the fine for which shall not exceed | 23 | | $250,000;
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| 1 | | (B) subsection (d) of Section 401 by delivering or | 2 | | possessing with
intent to deliver a controlled, | 3 | | counterfeit, or look-alike substance in or
on, or within | 4 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 5 | | of
a Class 2 felony, the fine for which shall not exceed | 6 | | $200,000;
| 7 | | (C) subsection (e) of Section 401 or subsection (b) of | 8 | | Section 404
by delivering or possessing with intent to | 9 | | deliver a controlled,
counterfeit, or look-alike substance | 10 | | in or on, or within 1,000 feet of, a
truck stop or safety | 11 | | rest area, is guilty of a Class 3 felony, the fine for
| 12 | | which shall not exceed $150,000;
| 13 | | (D) subsection (f) of Section 401 by delivering or | 14 | | possessing with
intent to deliver a controlled, | 15 | | counterfeit, or look-alike substance in or
on, or within | 16 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 17 | | of
a Class 3 felony, the fine for which shall not exceed | 18 | | $125,000;
| 19 | | (E) subsection (g) of Section 401 by delivering or | 20 | | possessing with
intent to deliver a controlled, | 21 | | counterfeit, or look-alike substance in or
on, or within | 22 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 23 | | of
a Class 3 felony, the fine for which shall not exceed | 24 | | $100,000;
| 25 | | (F) subsection (h) of Section 401 by delivering or | 26 | | possessing with
intent to deliver a controlled, |
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| 1 | | counterfeit, or look-alike substance in or
on, or within | 2 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 3 | | of
a Class 3 felony, the fine for which shall not exceed | 4 | | $75,000;
| 5 | | (3) Any person who violates paragraph (2) of this | 6 | | subsection (a) by
delivering or possessing with intent to | 7 | | deliver a controlled, counterfeit,
or look-alike substance in | 8 | | or on, or within 1,000 feet of a truck stop or a
safety rest | 9 | | area, following a prior conviction or convictions of paragraph
| 10 | | (2) of this subsection (a) may be sentenced to a term of | 11 | | imprisonment up to
2 times the maximum term and fined an amount | 12 | | up to 2 times the amount
otherwise authorized by Section 401.
| 13 | | (4) For the purposes of this subsection (a):
| 14 | | (A) "Safety rest area" means a roadside facility | 15 | | removed from the
roadway with parking and facilities | 16 | | designed for motorists' rest, comfort,
and information | 17 | | needs; and
| 18 | | (B) "Truck stop" means any facility (and its parking | 19 | | areas) used to
provide fuel or service, or both, to any | 20 | | commercial motor vehicle as
defined in Section 18b-101 of | 21 | | the Illinois Vehicle Code.
| 22 | | (b) Any person who violates:
| 23 | | (1) subsection (c) of Section 401 in any school, or any | 24 | | conveyance
owned, leased or contracted by a school to | 25 | | transport students to or from
school or a school related | 26 | | activity, or residential property owned, operated or
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| 1 | | managed by a public housing agency or leased by a public | 2 | | housing agency as part
of a scattered site or mixed-income | 3 | | development, drug treatment center, or public park, on the | 4 | | real
property comprising any school or residential | 5 | | property owned, operated or
managed by a public housing | 6 | | agency or leased by a public housing agency as part
of a | 7 | | scattered site or mixed-income development, drug treatment | 8 | | center, or public park or
within 1,000 feet of the real | 9 | | property comprising any school or
residential property | 10 | | owned, operated or managed by a public housing
agency
or | 11 | | leased by a public housing agency as part of a scattered | 12 | | site or
mixed-income development, drug treatment center, | 13 | | or public park, on the real property comprising any
church, | 14 | | synagogue, or
other building, structure, or place used | 15 | | primarily for religious worship, or
within 1,000 feet of | 16 | | the real property comprising any church, synagogue, or
| 17 | | other building, structure, or place used primarily for | 18 | | religious worship, on
the real property comprising any of | 19 | | the following places, buildings, or
structures used | 20 | | primarily for housing or providing space for activities for
| 21 | | senior citizens: nursing homes, assisted-living centers, | 22 | | senior citizen housing
complexes, or senior centers | 23 | | oriented toward daytime activities, or within
1,000 feet of | 24 | | the real property comprising any of the following places,
| 25 | | buildings, or structures used primarily for housing or | 26 | | providing space for
activities for senior citizens: |
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| 1 | | nursing homes, assisted-living centers, senior
citizen | 2 | | housing complexes, or senior centers oriented toward | 3 | | daytime activities
is guilty of a Class X felony, the fine | 4 | | for which shall not
exceed $500,000;
| 5 | | (2) subsection (d) of Section 401 in any school, or any | 6 | | conveyance
owned, leased or contracted by a school to | 7 | | transport students to or from
school or a school related | 8 | | activity, or residential property owned,
operated or | 9 | | managed by a public housing agency or leased by a public | 10 | | housing
agency as part of a scattered site or mixed-income | 11 | | development, drug treatment center, or public park,
on the | 12 | | real property comprising any school or residential | 13 | | property owned,
operated or managed by a public housing | 14 | | agency or leased by a public housing
agency as part of a | 15 | | scattered site or mixed-income development, drug treatment | 16 | | center, or public park
or within 1,000 feet of the real | 17 | | property comprising any school or residential
property | 18 | | owned, operated or managed by a public housing agency or | 19 | | leased by a
public housing agency as part of a scattered | 20 | | site or mixed-income development, drug treatment center,
| 21 | | or public park, on the real property comprising any church, | 22 | | synagogue, or other
building, structure, or place used | 23 | | primarily for religious worship, or
within 1,000 feet of | 24 | | the real property comprising any church,
synagogue, or | 25 | | other building, structure, or place used primarily for | 26 | | religious
worship, on the real property comprising any of |
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| 1 | | the following places,
buildings, or
structures used | 2 | | primarily for housing or providing space for activities for
| 3 | | senior citizens: nursing homes, assisted-living centers, | 4 | | senior citizen housing
complexes, or senior centers | 5 | | oriented toward daytime activities, or within
1,000 feet of | 6 | | the real property comprising any of the following
places, | 7 | | buildings, or structures used primarily for housing or | 8 | | providing space
for activities for senior citizens: | 9 | | nursing homes, assisted-living centers,
senior citizen | 10 | | housing complexes, or senior centers oriented toward | 11 | | daytime
activities is guilty of a Class 1 felony, the fine | 12 | | for which shall not exceed
$250,000;
| 13 | | (3) subsection (e) of Section 401 or Subsection (b) of | 14 | | Section 404 in
any school, or any conveyance owned, leased | 15 | | or contracted by a school to
transport students to or from | 16 | | school or a school related activity, or
residential | 17 | | property owned, operated or managed by a public housing | 18 | | agency or
leased by a public housing agency as part of a | 19 | | scattered site or mixed-income
development, drug treatment | 20 | | center, or public park, on the real property comprising any | 21 | | school or
residential property owned, operated or managed | 22 | | by a public housing agency or
leased by a public housing | 23 | | agency as part of a scattered site or mixed-income
| 24 | | development, drug treatment center, or public park or | 25 | | within 1,000 feet of the real property
comprising
any | 26 | | school or residential property owned, operated or managed |
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| 1 | | by a
public housing agency or leased by a public housing | 2 | | agency as part of a
scattered site or mixed-income | 3 | | development, drug treatment center, or public park, on the | 4 | | real
property comprising any church, synagogue, or other | 5 | | building, structure, or
place used primarily for religious | 6 | | worship, or within 1,000 feet of the real
property | 7 | | comprising any church, synagogue, or other building, | 8 | | structure, or
place used primarily for religious worship, | 9 | | on the real property comprising any
of the following | 10 | | places, buildings, or structures used primarily for | 11 | | housing or
providing space for activities for
senior | 12 | | citizens: nursing homes, assisted-living centers, senior | 13 | | citizen housing
complexes, or senior centers oriented | 14 | | toward daytime activities, or within
1,000 feet of the real | 15 | | property comprising any of the following
places, | 16 | | buildings, or structures used primarily for housing or | 17 | | providing space
for activities for senior citizens: | 18 | | nursing homes, assisted-living centers,
senior citizen | 19 | | housing complexes, or senior centers oriented toward | 20 | | daytime
activities is guilty of a Class 2 felony, the fine | 21 | | for
which shall not exceed $200,000;
| 22 | | (4) subsection (f) of Section 401 in any school, or any | 23 | | conveyance
owned, leased or contracted by a school to | 24 | | transport students to or from
school or a school related | 25 | | activity, or residential property owned,
operated or | 26 | | managed by a public housing agency
or leased by a public |
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| 1 | | housing agency as part of a scattered site or
mixed-income | 2 | | development, drug treatment center,
or public park, on the | 3 | | real
property comprising any school or residential | 4 | | property owned, operated or
managed by a public housing | 5 | | agency
or leased by a public housing agency as part of a | 6 | | scattered site or
mixed-income development, drug treatment | 7 | | center,
or public park or
within 1,000 feet of the real | 8 | | property comprising any school or residential
property | 9 | | owned, operated or managed by a public housing agency
or | 10 | | leased by a public housing agency as part of a scattered | 11 | | site or
mixed-income development, drug treatment center,
| 12 | | or public
park, on the real property comprising any church, | 13 | | synagogue, or other
building,
structure, or place used | 14 | | primarily for religious worship, or
within 1,000 feet of | 15 | | the real property comprising any church,
synagogue, or | 16 | | other building, structure, or place used primarily for | 17 | | religious
worship, on the real property comprising any of | 18 | | the following places,
buildings, or
structures used | 19 | | primarily for housing or providing space for activities for
| 20 | | senior citizens: nursing homes, assisted-living centers, | 21 | | senior citizen housing
complexes, or senior centers | 22 | | oriented toward daytime activities, or within
1,000 feet of | 23 | | the real property comprising any of the following
places, | 24 | | buildings, or structures used primarily for housing or | 25 | | providing space
for activities for senior citizens: | 26 | | nursing homes, assisted-living centers,
senior citizen |
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| 1 | | housing complexes, or senior centers oriented toward | 2 | | daytime
activities
is guilty of a Class 2 felony, the fine | 3 | | for which shall not exceed
$150,000;
| 4 | | (5) subsection (g) of Section 401 in any school, or any | 5 | | conveyance
owned, leased or contracted by a school to | 6 | | transport students to or from
school or a school related | 7 | | activity, or residential property owned,
operated or | 8 | | managed by a public housing agency
or leased by a public | 9 | | housing agency as part of a scattered site or
mixed-income | 10 | | development, drug treatment center,
or public park, on the | 11 | | real
property comprising any school or residential | 12 | | property owned, operated or
managed by a public housing | 13 | | agency
or leased by a public housing agency as part of a | 14 | | scattered site or
mixed-income development, drug treatment | 15 | | center,
or public park or
within 1,000 feet of the real | 16 | | property comprising any school or residential
property | 17 | | owned, operated or managed by a public housing agency
or | 18 | | leased by a public housing agency as part of a scattered | 19 | | site or
mixed-income development, drug treatment center,
| 20 | | or public
park, on the real property comprising any church, | 21 | | synagogue, or other
building,
structure, or place used | 22 | | primarily for religious worship, or
within 1,000 feet of | 23 | | the real property comprising any church,
synagogue, or | 24 | | other building, structure, or place used primarily for | 25 | | religious
worship, on the real property comprising any of | 26 | | the following places,
buildings, or
structures used |
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| 1 | | primarily for housing or providing space for activities for
| 2 | | senior citizens: nursing homes, assisted-living centers, | 3 | | senior citizen housing
complexes, or senior centers | 4 | | oriented toward daytime activities, or within
1,000 feet of | 5 | | the real property comprising any of the following
places, | 6 | | buildings, or structures used primarily for housing or | 7 | | providing space
for activities for senior citizens: | 8 | | nursing homes, assisted-living centers,
senior citizen | 9 | | housing complexes, or senior centers oriented toward | 10 | | daytime
activities
is guilty of a Class 2 felony, the fine | 11 | | for which shall not exceed $125,000;
| 12 | | (6) subsection (h) of Section 401 in any school, or any | 13 | | conveyance
owned, leased or contracted by a school to | 14 | | transport students to or from
school or a school related | 15 | | activity, or residential property owned,
operated or | 16 | | managed by a public housing agency
or leased by a public | 17 | | housing agency as part of a scattered site or
mixed-income | 18 | | development, drug treatment center,
or public park, on the | 19 | | real
property comprising any school or residential | 20 | | property owned, operated or
managed by a public housing | 21 | | agency
or leased by a public housing agency as part of a | 22 | | scattered site or
mixed-income development, drug treatment | 23 | | center,
or public park or within 1,000 feet of the real | 24 | | property comprising any school
or residential
property | 25 | | owned, operated or managed by a public housing agency
or | 26 | | leased by a public housing agency as part of a scattered |
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| 1 | | site or
mixed-income development, drug treatment center,
| 2 | | or public
park, on the real property comprising any church, | 3 | | synagogue, or other
building,
structure, or place used | 4 | | primarily for religious worship, or
within 1,000 feet of | 5 | | the real property comprising any church,
synagogue, or | 6 | | other building, structure, or place used primarily for | 7 | | religious
worship, on the real property comprising any of | 8 | | the following places,
buildings, or
structures used | 9 | | primarily for housing or providing space for activities for
| 10 | | senior citizens: nursing homes, assisted-living centers, | 11 | | senior citizen housing
complexes, or senior centers | 12 | | oriented toward daytime activities, or within
1,000 feet of | 13 | | the real property comprising any of the following
places, | 14 | | buildings, or structures used primarily for housing or | 15 | | providing space
for activities for senior citizens: | 16 | | nursing homes, assisted-living centers,
senior citizen | 17 | | housing complexes, or senior centers oriented toward | 18 | | daytime
activities
is guilty of a Class 2 felony, the fine | 19 | | for which shall not exceed
$100,000.
| 20 | | As used in this subsection (b), "drug treatment center" | 21 | | means an establishment that provides comprehensive treatment | 22 | | and intervention treatment to adults or youth who suffer from | 23 | | the disease of addiction. | 24 | | (c) Regarding penalties prescribed in subsection
(b) for | 25 | | violations committed in a school or on or within
1,000 feet of | 26 | | school property, the time of day, time of year and whether
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| 1 | | classes were currently in session at the time of the offense is | 2 | | irrelevant.
| 3 | | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
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