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| [ Introduced ] | [ Senate Amendment 001 ] |
91_HB2610eng HB2610 Engrossed LRB9102768RCprA 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 HB2610 Engrossed -2- LRB9102768RCprA 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 HB2610 Engrossed -3- LRB9102768RCprA 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 residential property owned, operated and 12 managed by a public housing agency or public park, on the 13 real property comprising any school or residential 14 property owned, operated and managed by a public housing 15 agency or public park or on any public way within 1,000 16 feet of the real property comprising any school or 17 residential property owned, operated and managed by a 18 public housing agency or public park, on the real 19 property comprising any church, synagogue, or other 20 building, structure, or place used primarily for 21 religious worship, or on any public way within 1,000 feet 22 of the real property comprising any church, synagogue, or 23 other building, structure, or place used primarily for 24 religious worship, on the real property comprising any of 25 the following places, buildings, or structures used 26 primarily for housing or providing space for activities 27 for senior citizens: nursing homes, assisted-living 28 centers, senior citizen housing complexes, or senior 29 centers oriented toward daytime activities, or on a 30 public way within 1,000 feet of the real property 31 comprising any of the following places, buildings, or 32 structures used primarily for housing or providing space 33 for activities for senior citizens: nursing homes, 34 assisted-living centers, senior citizen housing HB2610 Engrossed -4- LRB9102768RCprA 1 complexes, or senior centers oriented toward daytime 2 activities is guilty of a Class X felony, the fine for 3 which shall not exceed $500,000; 4 (2) subsection (d) of Section 401 in any school, or 5 any 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 and 8 managed by a public housing agency or public park, on the 9 real property comprising any school or residential 10 property owned, operated and managed by a public housing 11 agency or public park or on any public way within 1,000 12 feet of the real property comprising any school or 13 residential property owned, operated and managed by a 14 public housing agency or public park, on the real 15 property comprising any church, synagogue, or other 16 building, structure, or place used primarily for 17 religious worship, or on any 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 1 felony, the fine for 33 which shall not exceed $250,000; 34 (3) subsection (e) of Section 401 or Subsection (b) HB2610 Engrossed -5- LRB9102768RCprA 1 of Section 404 in any school, or any conveyance owned, 2 leased or contracted by a school to transport students to 3 or from school or a school related activity, or 4 residential property owned, operated and managed by a 5 public housing agency or public park, on the real 6 property comprising any school or residential property 7 owned, operated and managed by a public housing agency or 8 public park or on any public way within 1,000 feet of the 9 real property comprising any school or residential 10 property owned, operated and managed by a public housing 11 agency or public park, on the real property comprising 12 any church, synagogue, or other building, structure, or 13 place used primarily for religious worship, or on a 14 public way within 1,000 feet of the real property 15 comprising any church, synagogue, or other building, 16 structure, or place used primarily for religious worship, 17 on the real property comprising any of the following 18 places, buildings, or structures used primarily for 19 housing or providing space for activities for senior 20 citizens: nursing homes, assisted-living centers, senior 21 citizen housing complexes, or senior centers oriented 22 toward daytime activities, or on a public way within 23 1,000 feet of the real property comprising any of the 24 following places, buildings, or structures used primarily 25 for housing or providing space for activities for senior 26 citizens: nursing homes, assisted-living centers, senior 27 citizen housing complexes, or senior centers oriented 28 toward daytime activities is guilty of a Class 2 felony, 29 the fine for which shall not exceed $200,000; 30 (4) subsection (f) of Section 401 in any school, or 31 any conveyance owned, leased or contracted by a school to 32 transport students to or from school or a school related 33 activity, or residential property owned, operated and 34 managed by a public housing agency or public park, on the HB2610 Engrossed -6- LRB9102768RCprA 1 real property comprising any school or residential 2 property owned, operated and managed by a public housing 3 agency or public park or on any public way within 1,000 4 feet of the real property comprising any school or 5 residential property owned, operated and managed by a 6 public housing agency or public park, on the real 7 property comprising any church, synagogue, or other 8 building, structure, or place used primarily for 9 religious worship, or on any public way within 1,000 10 feet of the real property comprising any church, 11 synagogue, or other building, structure, or place used 12 primarily for religious worship, on the real property 13 comprising any of the following places, buildings, or 14 structures used primarily for housing or providing space 15 for activities for senior citizens: nursing homes, 16 assisted-living centers, senior citizen housing 17 complexes, or senior centers oriented toward daytime 18 activities, or on a public way within 1,000 feet of the 19 real property comprising any of the following places, 20 buildings, or structures used primarily for housing or 21 providing space for activities for senior citizens: 22 nursing homes, assisted-living centers, senior citizen 23 housing complexes, or senior centers oriented toward 24 daytime activities is guilty of a Class 2 felony, the 25 fine for which shall not exceed $150,000; 26 (5) subsection (g) of Section 401 in any school, or 27 any conveyance owned, leased or contracted by a school to 28 transport students to or from school or a school related 29 activity, or residential property owned, operated and 30 managed by a public housing agency or public park, on the 31 real property comprising any school or residential 32 property owned, operated and managed by a public housing 33 agency or public park or on any public way within 1,000 34 feet of the real property comprising any school or HB2610 Engrossed -7- LRB9102768RCprA 1 residential property owned, operated and managed by a 2 public housing agency or public park, on the real 3 property comprising any church, synagogue, or other 4 building, structure, or place used primarily for 5 religious worship, or on any public way within 1,000 feet 6 of the real property comprising any church, synagogue, or 7 other building, structure, or place used primarily for 8 religious worship, on the real property comprising any of 9 the following places, buildings, or structures used 10 primarily for housing or providing space for activities 11 for senior citizens: nursing homes, assisted-living 12 centers, senior citizen housing complexes, or senior 13 centers oriented toward daytime activities, or on a 14 public way within 1,000 feet of the real property 15 comprising any of the following places, buildings, or 16 structures used primarily for housing or providing space 17 for activities for senior citizens: nursing homes, 18 assisted-living centers, senior citizen housing 19 complexes, or senior centers oriented toward daytime 20 activities is guilty of a Class 2 felony, the fine for 21 which shall not exceed $125,000; 22 (6) subsection (h) of Section 401 in any school, or 23 any 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 and 26 managed by a public housing agency or public park, on the 27 real property comprising any school or residential 28 property owned, operated and managed by a public housing 29 agency or public park or on any public way within 1,000 30 feet of the real property comprising any school or 31 residential property owned, operated and managed by a 32 public housing agency or public park, on the real 33 property comprising any church, synagogue, or other 34 building, structure, or place used primarily for HB2610 Engrossed -8- LRB9102768RCprA 1 religious worship, or on any public way within 1,000 feet 2 of the real property comprising any church, synagogue, or 3 other building, structure, or place used primarily for 4 religious worship, on the real property comprising any of 5 the following places, buildings, or structures used 6 primarily for housing or providing space for activities 7 for senior citizens: nursing homes, assisted-living 8 centers, senior citizen housing complexes, or senior 9 centers oriented toward daytime activities, or on a 10 public way within 1,000 feet of the real property 11 comprising any of the following places, buildings, or 12 structures used primarily for housing or providing space 13 for activities for senior citizens: nursing homes, 14 assisted-living centers, senior citizen housing 15 complexes, or senior centers oriented toward daytime 16 activities is guilty of a Class 2 felony, the fine for 17 which shall not exceed $100,000. 18 (c) Regarding penalties prescribed in subsection (b) for 19 violations committed in a school or on or within 1,000 feet 20 of school property, the time of day, time of year and whether 21 classes were currently in session at the time of the offense 22 is irrelevant. 23 (d) Any person who violates: 24 (1) subsection (c) of Section 401 in the presence 25 of a child is guilty of a Class X felony, the fine for 26 which shall not exceed $500,000; 27 (2) subsection (d) of Section 401 in the presence 28 of a child is guilty of a Class 1 felony, the fine for 29 which shall not exceed $250,000; 30 (3) subsection (e) of Section 401 or subsection (b) 31 of Section 404 in the presence of a child is guilty of a 32 Class 2 felony, the fine for which shall not exceed 33 $200,000; 34 (4) subsection (f) of Section 401 in the presence HB2610 Engrossed -9- LRB9102768RCprA 1 of a child is guilty of a Class 2 felony, the fine for 2 which shall not exceed $150,000; 3 (5) subsection (g) of Section 401 in the presence 4 of a child is guilty of a Class 2 felony, the fine for 5 which shall not exceed $125,000; 6 (6) subsection (h) of Section 401 in the presence 7 of a child is guilty of a Class 2 felony, the fine for 8 which shall not exceed $100,000. 9 For the purpose of this subsection (d), "in the presence 10 of a child" is defined as either: 11 (1) in the physically proximate location where 12 a child under 18 years of age could physically 13 observe or witness the transaction or delivery, or 14 (2) in the same dwelling place in which a 15 child under 18 years of age is physically present at 16 the time of the illegal transaction or delivery. 17 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)