(740 ILCS 20/2) (from Ch. 70, par. 902)
Sec. 2. Findings and intent.
(a) The General Assembly finds
that the abuse of cannabis and controlled substances:
(1) greatly increases incidents involving crimes of |
| violence and threats of crimes of violence;
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(2) causes death or severe and often irreversible
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| injuries to newborn children;
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(3) accounts for the commission of the majority of
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| property crimes committed within this State;
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(4) causes motor vehicle crashes and job-related and
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| numerous other types of accidents that frequently result in death or permanent injuries;
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(5) contributes to the disintegration of the family;
(6) interferes with the duty of parents and legal
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| guardians to provide for the physical, mental, and emotional well-being of their unemancipated children and with the rights of parents and legal guardians to raise the children free from the physical, mental, and emotional trauma that is caused by the abuse of cannabis and controlled substances;
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(7) encourages and fosters the growth of urban gangs
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| engaged in violent and nonviolent crime;
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(8) furthers the interests of elements of organized
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(9) increases the dropout, truancy, and failure rates
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| of children attending schools within this State;
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(10) stifles educational opportunities for both drug
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(11) contributes to the unemployment rate within this
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(12) reduces the productivity of employees, retards
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| competitiveness within the established business community, and hinders the formation and growth of new businesses;
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(13) reduces the value of real property;
(14) costs the citizens of this State billions of
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| dollars in federal, State, and local taxes for increased costs for law enforcement, welfare, and education;
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(15) costs the citizens of this State billions of
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| dollars in increased costs for consumer goods and services, insurance premiums, and medical treatment;
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(16) hinders citizens from freely using public parks,
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| streets, schools, forest preserves, playgrounds, and other public areas; and
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(17) contributes to a lower quality of life and
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| standard of living for the citizens of this State.
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(b) The General Assembly finds that, in light of the findings made
in subsection (a), any violation of the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the
Illinois Controlled Substances Act that involves the nonconsensual use of
the real or personal property of another person, whether that person is an
individual or a governmental or private entity representing a collection of
individuals, is so injurious to the property interests and the well-being
of that person that the violation gives rise to a cause of action sounding
in tort. The General Assembly also finds that the delivery of a controlled
substance or cannabis in violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act to an unemancipated minor under the age of
18 is so injurious to the rights and duties of parents and legal guardians
relating to the physical, mental, and emotional well-being of that minor
that the violation also gives rise to a cause of action sounding in tort.
The General Assembly further finds that although the damage a person
suffers through the nonconsensual use of his property to facilitate such a
violation or the damage a parent or legal guardian suffers as the result of
the delivery to the minor of cannabis or a substance in violation of the
Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Illinois Controlled Substances Act is often
subtle and incapable of precise articulation, that damage is nonetheless
real and substantial. It is therefore the intent of the General Assembly
to create a cause of action with statutorily prescribed damages for the
conduct described in this Act.
(Source: P.A. 102-982, eff. 7-1-23.)
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