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91_SB0181
LRB9101842OBdv
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 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
22 guilty of a Class 1 felony, the fine for which shall not
23 exceed $250,000;
24 (B) subsection (d) of Section 401 by delivering or
25 possessing with intent to deliver a controlled,
26 counterfeit, or look-alike substance in or on, or within
27 1,000 feet of, a truck stop or safety rest area, is
28 guilty of a Class 2 felony, the fine for which shall not
29 exceed $200,000;
30 (C) subsection (e) of Section 401 or subsection (b)
31 of Section 404 by delivering or possessing with intent to
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1 deliver a controlled, counterfeit, or look-alike
2 substance in or on, or within 1,000 feet of, a truck stop
3 or safety rest area, is guilty of a Class 3 felony, the
4 fine for which shall not exceed $150,000;
5 (D) subsection (f) of Section 401 by delivering or
6 possessing with intent to deliver a controlled,
7 counterfeit, or look-alike substance in or on, or within
8 1,000 feet of, a truck stop or safety rest area, is
9 guilty of a Class 3 felony, the fine for which shall not
10 exceed $125,000;
11 (E) subsection (g) of Section 401 by delivering or
12 possessing with intent to deliver a controlled,
13 counterfeit, or look-alike substance in or on, or within
14 1,000 feet of, a truck stop or safety rest area, is
15 guilty of a Class 3 felony, the fine for which shall not
16 exceed $100,000;
17 (F) subsection (h) of Section 401 by delivering or
18 possessing with intent to deliver a controlled,
19 counterfeit, or look-alike substance in or on, or within
20 1,000 feet of, a truck stop or safety rest area, is
21 guilty of a Class 3 felony, the fine for which shall not
22 exceed $75,000;
23 (3) Any person who violates paragraph (2) of this
24 subsection (a) by delivering or possessing with intent to
25 deliver a controlled, counterfeit, or look-alike substance in
26 or on, or within 1,000 feet of a truck stop or a safety rest
27 area, following a prior conviction or convictions of
28 paragraph (2) of this subsection (a) may be sentenced to a
29 term of imprisonment up to 2 times the maximum term and fined
30 an amount up to 2 times the amount otherwise authorized by
31 Section 401.
32 (4) For the purposes of this subsection (a):
33 (A) "Safety rest area" means a roadside facility
34 removed from the roadway with parking and facilities
-3- LRB9101842OBdv
1 designed for motorists' rest, comfort, and information
2 needs; and
3 (B) "Truck stop" means any facility (and its
4 parking areas) used to provide fuel or service, or both,
5 to any commercial motor vehicle as defined in Section
6 18b-101 of the Illinois Vehicle Code.
7 (b) Any person who violates:
8 (1) subsection (c) of Section 401 in any school, or
9 any conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity or within 1,000 feet of any area where students
12 regularly get on or off such conveyance, or residential
13 property owned, operated and managed by a public housing
14 agency or public park, on the real property comprising
15 any school or residential property owned, operated and
16 managed by a public housing agency or public park or on
17 any public way within 1,000 feet of the real property
18 comprising any school or residential property owned,
19 operated and managed by a public housing agency or public
20 park, on the real property comprising any church,
21 synagogue, or other building, structure, or place used
22 primarily for religious worship, or on any public way
23 within 1,000 feet of the real property comprising any
24 church, synagogue, or other building, structure, or place
25 used primarily for religious worship, on the real
26 property comprising any of the following places,
27 buildings, or structures used primarily for housing or
28 providing space for activities for senior citizens:
29 nursing homes, assisted-living centers, senior citizen
30 housing complexes, or senior centers oriented toward
31 daytime activities, or on a public way within 1,000 feet
32 of the real property comprising any of the following
33 places, buildings, or structures used primarily for
34 housing or providing space for activities for senior
-4- LRB9101842OBdv
1 citizens: nursing homes, assisted-living centers, senior
2 citizen housing complexes, or senior centers oriented
3 toward daytime activities is guilty of a Class X felony,
4 the fine for 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 within 1,000 feet of any area where students
9 regularly get on or off such conveyance, or residential
10 property owned, operated and managed by a public housing
11 agency or public park, on the real property comprising
12 any school or residential property owned, operated and
13 managed by a public housing agency or public park or on
14 any public way within 1,000 feet of the real property
15 comprising any school or residential property owned,
16 operated and managed by a public housing agency or public
17 park, on the real property comprising any church,
18 synagogue, or other building, structure, or place used
19 primarily for religious worship, or on any public way
20 within 1,000 feet of the real property comprising any
21 church, synagogue, or other building, structure, or place
22 used primarily for religious worship, on the real
23 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
27 housing complexes, or senior centers oriented toward
28 daytime activities, or on a public way within 1,000 feet
29 of the real property comprising any of the following
30 places, buildings, or structures used primarily for
31 housing or providing space for activities for senior
32 citizens: nursing homes, assisted-living centers, senior
33 citizen housing complexes, or senior centers oriented
34 toward daytime activities is guilty of a Class 1 felony,
-5- LRB9101842OBdv
1 the fine for which shall not exceed $250,000;
2 (3) subsection (e) of Section 401 or Subsection (b)
3 of Section 404 in any school, or any conveyance owned,
4 leased or contracted by a school to transport students to
5 or from school or a school related activity or within
6 1,000 feet of any area where students regularly get on or
7 off such conveyance, or residential property owned,
8 operated and managed by a public housing agency or public
9 park, on the real property comprising any school or
10 residential property owned, operated and managed by a
11 public housing agency or public park or on any public way
12 within 1,000 feet of the real property comprising any
13 school or residential property owned, operated and
14 managed by a public housing agency or public park, on the
15 real property comprising any church, synagogue, or other
16 building, structure, or place used primarily for
17 religious worship, or on a public way within 1,000 feet
18 of the real property comprising any church, synagogue, or
19 other building, structure, or place used primarily for
20 religious worship, on the real property comprising any of
21 the following places, buildings, or structures used
22 primarily for housing or providing space for activities
23 for senior citizens: nursing homes, assisted-living
24 centers, senior citizen housing complexes, or senior
25 centers oriented toward daytime activities, or on a
26 public way within 1,000 feet of the real property
27 comprising any of the following places, buildings, or
28 structures used primarily for housing or providing space
29 for activities for senior citizens: nursing homes,
30 assisted-living centers, senior citizen housing
31 complexes, or senior centers oriented toward daytime
32 activities is guilty of a Class 2 felony, the fine for
33 which shall not exceed $200,000;
34 (4) subsection (f) of Section 401 in any school, or
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1 any conveyance owned, leased or contracted by a school to
2 transport students to or from school or a school related
3 activity or within 1,000 feet of any area where students
4 regularly get on or off such conveyance, or residential
5 property owned, operated and managed by a public housing
6 agency or public park, on the real property comprising
7 any school or residential property owned, operated and
8 managed by a public housing agency or public park or on
9 any public way within 1,000 feet of the real property
10 comprising any school or residential property owned,
11 operated and managed by a public housing agency or public
12 park, on the real property comprising any church,
13 synagogue, or other building, structure, or place used
14 primarily for religious worship, or on any public way
15 within 1,000 feet of the real property comprising any
16 church, synagogue, or other building, structure, or place
17 used primarily for religious worship, on the real
18 property comprising any of the following places,
19 buildings, or structures used primarily for housing or
20 providing space for activities for senior citizens:
21 nursing homes, assisted-living centers, senior citizen
22 housing complexes, or senior centers oriented toward
23 daytime activities, or on a public way within 1,000 feet
24 of the real property comprising any of the following
25 places, buildings, or structures used primarily for
26 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 $150,000;
31 (5) subsection (g) 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 within 1,000 feet of any area where students
-7- LRB9101842OBdv
1 regularly get on or off such conveyance, or residential
2 property owned, operated and managed by a public housing
3 agency or public park, on the real property comprising
4 any school or residential property owned, operated and
5 managed by a public housing agency or public park or on
6 any public way within 1,000 feet of the real property
7 comprising any school or residential property owned,
8 operated and managed by a public housing agency or public
9 park, on the real property comprising any church,
10 synagogue, or other building, structure, or place used
11 primarily for religious worship, or on any public way
12 within 1,000 feet of the real property comprising any
13 church, synagogue, or other building, structure, or place
14 used primarily for religious worship, on 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, or on a public way within 1,000 feet
21 of the real property comprising any of the following
22 places, buildings, or structures used primarily for
23 housing or providing space for activities for senior
24 citizens: nursing homes, assisted-living centers, senior
25 citizen housing complexes, or senior centers oriented
26 toward daytime activities is guilty of a Class 2 felony,
27 the fine for which shall not exceed $125,000;
28 (6) subsection (h) of Section 401 in any school, or
29 any conveyance owned, leased or contracted by a school to
30 transport students to or from school or a school related
31 activity or within 1,000 feet of any area where students
32 regularly get on or off such conveyance, or residential
33 property owned, operated and managed by a public housing
34 agency or public park, on the real property comprising
-8- LRB9101842OBdv
1 any school or residential property owned, operated and
2 managed by a public housing agency or public park or on
3 any public way within 1,000 feet of the real property
4 comprising any school or residential property owned,
5 operated and managed by a public housing agency or public
6 park, on the real property comprising any church,
7 synagogue, or other building, structure, or place used
8 primarily for religious worship, or on any public way
9 within 1,000 feet of the real property comprising any
10 church, synagogue, or other building, structure, or place
11 used primarily for religious worship, on the real
12 property comprising any of the following places,
13 buildings, or structures used primarily for housing or
14 providing space for activities for senior citizens:
15 nursing homes, assisted-living centers, senior citizen
16 housing complexes, or senior centers oriented toward
17 daytime activities, or on a public way within 1,000 feet
18 of 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 is guilty of a Class 2 felony,
24 the fine for which shall not exceed $100,000.
25 (c) Regarding penalties prescribed in subsection (b) for
26 violations committed in a school or on or within 1,000 feet
27 of school property, the time of day, time of year and whether
28 classes were currently in session at the time of the offense
29 is irrelevant.
30 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.