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92_HB5798eng HB5798 Engrossed LRB9212981RCsb 1 AN ACT in relation to criminal offenses. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by adding 5 Section 12-2.6 as follows: 6 (720 ILCS 5/12-2.6 new) 7 Sec. 12-2.6. Use of a dangerous place for the commission 8 of a controlled substance or cannabis offense. 9 (a) A person commits the offense of use of a dangerous 10 place for the commission of a controlled substance or 11 cannabis offense when that person knowingly exercises control 12 over any place with the intent to use that place to 13 manufacture, produce, deliver, or possess with intent to 14 deliver a controlled or counterfeit substance or controlled 15 substance analog in violation of Section 401 of the Illinois 16 Controlled Substances Act or to manufacture, produce, 17 deliver, or possess with intent to deliver cannabis in 18 violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis 19 Control Act and: 20 (1) the place, by virtue of the presence of the 21 substance or substances used or intended to be used to 22 manufacture a controlled or counterfeit substance, 23 controlled substance analog, or cannabis, presents a 24 substantial risk of injury to any person from fire, 25 explosion, or exposure to toxic or noxious chemicals or 26 gas; or 27 (2) the place used or intended to be used to 28 manufacture, produce, deliver, or possess with intent to 29 deliver a controlled or counterfeit substance, controlled 30 substance analog, or cannabis has located within it or 31 surrounding it devices, weapons, chemicals, or explosives HB5798 Engrossed -2- LRB9212981RCsb 1 designed, hidden, or arranged in a manner that would 2 cause a person to be exposed to a substantial risk of 3 great bodily harm. 4 (b) It may be inferred that a place was intended to be 5 used to manufacture a controlled or counterfeit substance or 6 controlled substance analog if a substance containing a 7 controlled or counterfeit substance or controlled substance 8 analog or a substance containing a chemical important to the 9 manufacture of a controlled or counterfeit substance or 10 controlled substance analog is found at the place of the 11 alleged illegal controlled substance manufacturing in close 12 proximity to equipment or a chemical used for facilitating 13 the manufacture of the controlled or counterfeit substance or 14 controlled substance analog that is alleged to have been 15 intended to be manufactured. 16 (c) As used in this Section, "place" means a premise, 17 conveyance, or location that offers seclusion, shelter, 18 means, or facilitation for manufacturing, producing, 19 possessing, or possessing with intent to deliver a controlled 20 or counterfeit substance, controlled substance analog, or 21 cannabis. 22 (d) Use of a dangerous place for the commission of a 23 controlled substance or cannabis offense is a Class 1 felony.