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| [ Senate Amendment 002 ] |
90_HB0070ham001
LRB9000429RCksam
1 AMENDMENT TO HOUSE BILL 70
2 AMENDMENT NO. . Amend House Bill 70, on page 1,
3 lines 2 and 6 by changing "and 401" wherever it appears to ",
4 401, and 402"; and
5 on page 4, line 21, by deleting "hydrochloride"; and
6 on page 9, lines 9 and 10, by deleting "hydrochloride"
7 wherever it appears; and
8 on page 11, lines 4 and 6, by deleting "hydrochloride"
9 wherever it appears; and
10 on page 12, by inserting between lines 11 and 12 the
11 following:
12 "(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
13 Sec. 402. Except as otherwise authorized by this Act, it
14 is unlawful for any person knowingly to possess a controlled
15 or counterfeit substance. A violation of this Act with
16 respect to each of the controlled substances listed herein
17 constitutes a single and separate violation of this Act.
18 (a) Any person who violates this Section with respect to
19 the following controlled or counterfeit substances and
20 amounts, notwithstanding any of the provisions of subsection
21 (c) and (d) to the contrary, is guilty of a Class 1 felony
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1 and shall, if sentenced to a term of imprisonment, be
2 sentenced as provided in this subsection (a) and fined as
3 provided in subsection (b):
4 (1) (A) not less than 4 years and not more than 15
5 years with respect to 15 grams or more but less than
6 100 grams of a substance containing heroin;
7 (B) not less than 6 years and not more than 30
8 years with respect to 100 grams or more but less
9 than 400 grams of a substance containing heroin;
10 (C) not less than 8 years and not more than 40
11 years with respect to 400 grams or more but less
12 than 900 grams of any substance containing heroin;
13 (D) not less than 10 years and not more than
14 50 years with respect to 900 grams or more of any
15 substance containing heroin;
16 (2) (A) not less than 4 years and not more than 15
17 years with respect to 15 grams or more but less than
18 100 grams of any substance containing cocaine;
19 (B) not less than 6 years and not more than 30
20 years with respect to 100 grams or more but less
21 than 400 grams of any substance containing cocaine;
22 (C) not less than 8 years and not more than 40
23 years with respect to 400 grams or more but less
24 than 900 grams of any substance containing cocaine;
25 (D) not less than 10 years and not more than
26 50 years with respect to 900 grams or more of any
27 substance containing cocaine;
28 (3) (A) not less than 4 years and not more than 15
29 years with respect to 15 grams or more but less than
30 100 grams of any substance containing morphine;
31 (B) not less than 6 years and not more than 30
32 years with respect to 100 grams or more but less
33 than 400 grams of any substance containing morphine;
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1 (C) not less than 8 years and not more than 40
2 years with respect to 400 grams or more but less
3 than 900 grams of any substance containing morphine;
4 (D) not less than 10 years and not more than
5 50 years with respect to 900 grams or more of any
6 substance containing morphine;
7 (4) 200 grams or more of any substance containing
8 peyote;
9 (5) 200 grams or more of any substance containing a
10 derivative of barbituric acid or any of the salts of a
11 derivative of barbituric acid;
12 (6) 200 grams or more of any substance containing
13 amphetamine or methamphetamine or any salt of an optical
14 isomer of amphetamine or methamphetamine;
15 (7) (A) not less than 4 years and not more than 15
16 years with respect to: (i) 15 grams or more but less
17 than 100 grams of any substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof, or
19 (ii) 15 or more objects or 15 or more segregated
20 parts of an object or objects but less than 200
21 objects or 200 segregated parts of an object or
22 objects containing in them or having upon them any
23 amount of any substance containing lysergic acid
24 diethylamide (LSD), or an analog thereof;
25 (B) not less than 6 years and not more than 30
26 years with respect to: (i) 100 grams or more but
27 less than 400 grams of any substance containing
28 lysergic acid diethylamide (LSD), or an analog
29 thereof, or (ii) 200 or more objects or 200 or more
30 segregated parts of an object or objects but less
31 than 600 objects or less than 600 segregated parts
32 of an object or objects containing in them or having
33 upon them any amount of any substance containing
34 lysergic acid diethylamide (LSD), or an analog
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1 thereof;
2 (C) not less than 8 years and not more than 40
3 years with respect to: (i) 400 grams or more but
4 less than 900 grams of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof, or (ii) 600 or more objects or 600 or more
7 segregated parts of an object or objects but less
8 than 1500 objects or 1500 segregated parts of an
9 object or objects containing in them or having upon
10 them any amount of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof;
12 (D) not less than 10 years and not more than
13 50 years with respect to: (i) 900 grams or more of
14 any substance containing lysergic acid diethylamide
15 (LSD), or an analog thereof, or (ii) 1500 or more
16 objects or 1500 or more segregated parts of an
17 object or objects containing in them or having upon
18 them any amount of a substance containing lysergic
19 acid diethylamide (LSD), or an analog thereof;
20 (8) 30 grams or more of any substance containing
21 pentazocine or any of the salts, isomers and salts of
22 isomers of pentazocine, or an analog thereof;
23 (9) 30 grams or more of any substance containing
24 methaqualone or any of the salts, isomers and salts of
25 isomers of methaqualone;
26 (10) 30 grams or more of any substance containing
27 phencyclidine or any of the salts, isomers and salts of
28 isomers of phencyclidine (PCP);
29 (10.5) 30 grams or more of any substance containing
30 ketamine or any of the salts, isomers and salts of
31 isomers of ketamine;
32 (11) 200 grams or more of any substance containing
33 any substance classified as a narcotic drug in Schedules
34 I or II which is not otherwise included in this
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1 subsection.
2 (b) Any person sentenced with respect to violations of
3 paragraph (1), (2), (3) or (7) of subsection (a) involving
4 100 grams or more of the controlled substance named therein,
5 may in addition to the penalties provided therein, be fined
6 an amount not to exceed $200,000 or the full street value of
7 the controlled or counterfeit substances, whichever is
8 greater. The term "street value" shall have the meaning
9 ascribed in Section 110-5 of the Code of Criminal Procedure
10 of 1963. Any person sentenced with respect to any other
11 provision of subsection (a), may in addition to the penalties
12 provided therein, be fined an amount not to exceed $200,000.
13 (c) Any person who violates this Section with regard to
14 an amount of a controlled or counterfeit substance not set
15 forth in subsection (a) or (d) is guilty of a Class 4 felony.
16 The fine for a violation punishable under this subsection (c)
17 shall not be more than $15,000.
18 (d) Any person who violates this Section with regard to
19 any amount of anabolic steroid is guilty of a Class C
20 misdemeanor for the first offense and a Class B misdemeanor
21 for a subsequent offense committed within 2 years of a prior
22 conviction.
23 (Source: P.A. 89-404, eff. 8-20-95.)".