State of Illinois
90th General Assembly
Legislation

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90_HB2015enr

      720 ILCS 570/407          from Ch. 56 1/2, par. 1407
          Amends   the   Illinois   Controlled   Substances    Act.
      Establishes   various   enhanced   penalties  for  delivering
      controlled substances in senior citizens  centers  and  other
      areas  used  primarily  for  housing  or  providing space for
      activities for senior citizens.
                                                     LRB9005137RCcc
HB2015 Enrolled                                LRB9005137RCcc
 1        AN ACT to amend the Illinois Controlled Substances Act by
 2    changing Section 407.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Controlled  Substances Act is
 6    amended by changing Section 407 as follows:
 7        (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
 8        Sec. 407.  (a) (1) Any person 18 years of age or over who
 9    violates any subsection of Section 401 or subsection  (b)  of
10    Section  404  by  delivering  a  controlled,  counterfeit  or
11    look-alike substance to a person under 18 years of age may be
12    sentenced  to imprisonment for a term up to twice the maximum
13    term and fined an amount up to twice  that  amount  otherwise
14    authorized  by  the  pertinent  subsection of Section 401 and
15    Subsection (b) of Section 404.
16             (2)  Except as provided in  paragraph  (3)  of  this
17        subsection, any person who violates:
18                  (A)  subsection   (c)   of   Section   401   by
19             delivering  or  possessing  with intent to deliver a
20             controlled, counterfeit, or look-alike substance  in
21             or  on,  or  within  1,000  feet of, a truck stop or
22             safety rest area, is guilty of a Class 1 felony, the
23             fine for which shall not exceed $250,000;
24                  (B)  subsection   (d)   of   Section   401   by
25             delivering or possessing with intent  to  deliver  a
26             controlled,  counterfeit, or look-alike substance in
27             or on, or within 1,000 feet  of,  a  truck  stop  or
28             safety rest area, is guilty of a Class 2 felony, the
29             fine for which shall not exceed $200,000;
30                  (C)  subsection   (e)   of   Section   401   or
31             subsection  (b)  of  Section  404  by  delivering or
HB2015 Enrolled             -2-                LRB9005137RCcc
 1             possessing with  intent  to  deliver  a  controlled,
 2             counterfeit,  or  look-alike  substance in or on, or
 3             within 1,000 feet of, a truck stop  or  safety  rest
 4             area,  is  guilty  of a Class 3 felony, the fine for
 5             which shall not exceed $150,000;
 6                  (D)  subsection   (f)   of   Section   401   by
 7             delivering or possessing with intent  to  deliver  a
 8             controlled,  counterfeit, or look-alike substance in
 9             or on, or within 1,000 feet  of,  a  truck  stop  or
10             safety rest area, is guilty of a Class 3 felony, the
11             fine for which shall not exceed $125,000;
12                  (E)  subsection   (g)   of   Section   401   by
13             delivering  or  possessing  with intent to deliver a
14             controlled, counterfeit, or look-alike substance  in
15             or  on,  or  within  1,000  feet of, a truck stop or
16             safety rest area, is guilty of a Class 3 felony, the
17             fine for which shall not exceed $100,000;
18                  (F)  subsection   (h)   of   Section   401   by
19             delivering or possessing with intent  to  deliver  a
20             controlled,  counterfeit, or look-alike substance in
21             or on, or within 1,000 feet  of,  a  truck  stop  or
22             safety rest area, is guilty of a Class 3 felony, the
23             fine for which shall not exceed $75,000;
24             (3)  Any  person  who violates paragraph (2) of this
25        subsection (a) by delivering or possessing with intent to
26        deliver  a   controlled,   counterfeit,   or   look-alike
27        substance  in or on, or within 1,000 feet of a truck stop
28        or a safety rest area, following a  prior  conviction  or
29        convictions  of  paragraph (2) of this subsection (a) may
30        be sentenced to a term of imprisonment up to 2 times  the
31        maximum term and fined an amount up to 2 times the amount
32        otherwise authorized by Section 401.
33             (4)  For the purposes of this subsection (a):
34                  (A)  "Safety   rest   area"  means  a  roadside
HB2015 Enrolled             -3-                LRB9005137RCcc
 1             facility removed from the roadway with  parking  and
 2             facilities  designed  for  motorists' rest, comfort,
 3             and information needs; and
 4                  (B)  "Truck stop" means any facility  (and  its
 5             parking  areas)  used to provide fuel or service, or
 6             both, to any commercial motor vehicle as defined  in
 7             Section 18b-101 of the Illinois Vehicle Code.
 8        (b)  Any person who violates:
 9             (1)  subsection (c) of Section 401 in any school, or
10        any conveyance owned, leased or contracted by a school to
11        transport  students to or from school or a school related
12        activity, or residential  property  owned,  operated  and
13        managed by a public housing agency or public park, on the
14        real   property  comprising  any  school  or  residential
15        property owned, operated and managed by a public  housing
16        agency  or  public park or on any public way within 1,000
17        feet of  the  real  property  comprising  any  school  or
18        residential  property  owned,  operated  and managed by a
19        public  housing  agency  or  public  park,  on  the  real
20        property  comprising  any  church,  synagogue,  or  other
21        building,  structure,  or  place   used   primarily   for
22        religious worship, or on any public way within 1,000 feet
23        of 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
27        primarily for housing or providing space  for  activities
28        for   senior  citizens:  nursing  homes,  assisted-living
29        centers, senior  citizen  housing  complexes,  or  senior
30        centers  oriented  toward  daytime  activities,  or  on a
31        public  way  within  1,000  feet  of  the  real  property
32        comprising any of the  following  places,  buildings,  or
33        structures  used primarily for housing or providing space
34        for  activities  for  senior  citizens:  nursing   homes,
HB2015 Enrolled             -4-                LRB9005137RCcc
 1        assisted-living    centers,    senior   citizen   housing
 2        complexes, or  senior  centers  oriented  toward  daytime
 3        activities  is  guilty  of a Class X felony, the fine for
 4        which shall not exceed $500,000;
 5             (2)  subsection (d) of Section 401 in any school, or
 6        any 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 and
 9        managed by a public housing agency or public park, on the
10        real  property  comprising  any  school  or   residential
11        property  owned, operated and managed by a public housing
12        agency or public park or on any public way  within  1,000
13        feet  of  the  real  property  comprising  any  school or
14        residential property owned, operated  and  managed  by  a
15        public  housing  agency  or  public  park,  on  the  real
16        property  comprising  any  church,  synagogue,  or  other
17        building,   structure,   or   place  used  primarily  for
18        religious worship, or on any public way within 1,000 feet
19        of the real property comprising any church, synagogue, or
20        other building, structure, or place  used  primarily  for
21        religious worship, on the real property comprising any of
22        the  following  places,  buildings,  or  structures  used
23        primarily  for  housing or providing space for activities
24        for  senior  citizens:  nursing  homes,   assisted-living
25        centers,  senior  citizen  housing  complexes,  or senior
26        centers oriented  toward  daytime  activities,  or  on  a
27        public  way  within  1,000  feet  of  the  real  property
28        comprising  any  of  the  following places, buildings, or
29        structures used primarily for housing or providing  space
30        for   activities  for  senior  citizens:  nursing  homes,
31        assisted-living   centers,   senior    citizen    housing
32        complexes,  or  senior  centers  oriented  toward daytime
33        activities is guilty of a Class 1 felony,  the  fine  for
34        which shall not exceed $250,000;
HB2015 Enrolled             -5-                LRB9005137RCcc
 1             (3)  subsection (e) of Section 401 or Subsection (b)
 2        of  Section  404  in any school, or any conveyance owned,
 3        leased or contracted by a school to transport students to
 4        or  from  school  or  a  school  related   activity,   or
 5        residential  property  owned,  operated  and managed by a
 6        public  housing  agency  or  public  park,  on  the  real
 7        property comprising any school  or  residential  property
 8        owned, operated and managed by a public housing agency or
 9        public park or on any public way within 1,000 feet of the
10        real   property  comprising  any  school  or  residential
11        property owned, operated and managed by a public  housing
12        agency  or  public  park, on the real property comprising
13        any church, synagogue, or other building,  structure,  or
14        place  used  primarily  for  religious  worship,  or on a
15        public  way  within  1,000  feet  of  the  real  property
16        comprising any  church,  synagogue,  or  other  building,
17        structure, or place used primarily for religious worship,
18        on  the  real  property  comprising  any of the following
19        places,  buildings,  or  structures  used  primarily  for
20        housing or providing  space  for  activities  for  senior
21        citizens:  nursing homes, assisted-living centers, senior
22        citizen housing complexes,  or  senior  centers  oriented
23        toward  daytime  activities,  or  on  a public way within
24        1,000 feet of the real property  comprising  any  of  the
25        following places, buildings, or structures used primarily
26        for  housing or providing space for activities for senior
27        citizens: nursing homes, assisted-living centers,  senior
28        citizen  housing  complexes,  or  senior centers oriented
29        toward daytime activities is guilty of a Class 2  felony,
30        the fine for which shall not exceed $200,000;
31             (4)  subsection (f) of Section 401 in any school, or
32        any conveyance owned, leased or contracted by a school to
33        transport  students to or from school or a school related
34        activity, or residential  property  owned,  operated  and
HB2015 Enrolled             -6-                LRB9005137RCcc
 1        managed by a public housing agency or public park, on the
 2        real   property  comprising  any  school  or  residential
 3        property owned, operated and managed by a public  housing
 4        agency  or  public park or on any public way within 1,000
 5        feet of  the  real  property  comprising  any  school  or
 6        residential  property  owned,  operated  and managed by a
 7        public  housing  agency  or  public  park,  on  the  real
 8        property  comprising  any  church,  synagogue,  or  other
 9        building,  structure,  or  place   used   primarily   for
10        religious  worship,   or  on  any public way within 1,000
11        feet  of  the  real  property  comprising   any   church,
12        synagogue,  or  other  building, structure, or place used
13        primarily for religious worship,  on  the  real  property
14        comprising  any  of  the  following places, buildings, or
15        structures used primarily for housing or providing  space
16        for   activities  for  senior  citizens:  nursing  homes,
17        assisted-living   centers,   senior    citizen    housing
18        complexes,  or  senior  centers  oriented  toward daytime
19        activities, or on a public way within 1,000 feet  of  the
20        real  property  comprising  any  of the following places,
21        buildings, or structures used primarily  for  housing  or
22        providing  space  for  activities  for  senior  citizens:
23        nursing  homes,  assisted-living  centers, senior citizen
24        housing complexes,  or  senior  centers  oriented  toward
25        daytime  activities  is  guilty  of a Class 2 felony, the
26        fine for which shall not exceed $150,000;
27             (5)  subsection (g) of Section 401 in any school, or
28        any conveyance owned, leased or contracted by a school to
29        transport students to or from school or a school  related
30        activity,  or  residential  property  owned, operated and
31        managed by a public housing agency or public park, on the
32        real  property  comprising  any  school  or   residential
33        property  owned, operated and managed by a public housing
34        agency or public park or on any public way  within  1,000
HB2015 Enrolled             -7-                LRB9005137RCcc
 1        feet  of  the  real  property  comprising  any  school or
 2        residential property owned, operated  and  managed  by  a
 3        public  housing  agency  or  public  park,  on  the  real
 4        property  comprising  any  church,  synagogue,  or  other
 5        building,   structure,   or   place  used  primarily  for
 6        religious worship, or on any public way within 1,000 feet
 7        of the real property comprising any church, synagogue, or
 8        other building, structure, or place  used  primarily  for
 9        religious worship, on the real property comprising any of
10        the  following  places,  buildings,  or  structures  used
11        primarily  for  housing or providing space for activities
12        for  senior  citizens:  nursing  homes,   assisted-living
13        centers,  senior  citizen  housing  complexes,  or senior
14        centers oriented  toward  daytime  activities,  or  on  a
15        public  way  within  1,000  feet  of  the  real  property
16        comprising  any  of  the  following places, buildings, or
17        structures used primarily for housing or providing  space
18        for   activities  for  senior  citizens:  nursing  homes,
19        assisted-living   centers,   senior    citizen    housing
20        complexes,  or  senior  centers  oriented  toward daytime
21        activities is guilty of a Class 2 felony,  the  fine  for
22        which shall not exceed $125,000;
23             (6)  subsection (h) of Section 401 in any school, or
24        any 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  and
27        managed by a public housing agency or public park, on the
28        real   property  comprising  any  school  or  residential
29        property owned, operated and managed by a public  housing
30        agency  or  public park or on any public way within 1,000
31        feet of  the  real  property  comprising  any  school  or
32        residential  property  owned,  operated  and managed by a
33        public  housing  agency  or  public  park,  on  the  real
34        property  comprising  any  church,  synagogue,  or  other
HB2015 Enrolled             -8-                LRB9005137RCcc
 1        building,  structure,  or  place   used   primarily   for
 2        religious worship, or on any public way within 1,000 feet
 3        of the real property comprising any church, synagogue, or
 4        other  building,  structure,  or place used primarily for
 5        religious worship, on the real property comprising any of
 6        the  following  places,  buildings,  or  structures  used
 7        primarily for housing or providing space  for  activities
 8        for   senior  citizens:  nursing  homes,  assisted-living
 9        centers, senior  citizen  housing  complexes,  or  senior
10        centers  oriented  toward  daytime  activities,  or  on a
11        public  way  within  1,000  feet  of  the  real  property
12        comprising any of the  following  places,  buildings,  or
13        structures  used primarily for housing or providing space
14        for  activities  for  senior  citizens:  nursing   homes,
15        assisted-living    centers,    senior   citizen   housing
16        complexes, or  senior  centers  oriented  toward  daytime
17        activities is guilty of a Class 2 felony,  the  fine  for
18        which  shall not exceed $100,000.
19        (c)  Regarding penalties prescribed in subsection (b) for
20    violations  committed  in a school or on or within 1,000 feet
21    of school property, the time of day, time of year and whether
22    classes were currently in session at the time of the  offense
23    is irrelevant.
24    (Source: P.A. 89-451, eff. 1-1-97.)

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