Public Act 093-0516
Public Act 93-0516 of the 93rd General Assembly
Public Act 93-0516
HB3072 Enrolled LRB093 07811 RLC 08000 b
AN ACT in relation to criminal offenses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 12-2.6 as follows:
(720 ILCS 5/12-2.6 new)
Sec. 12-2.6. Use of a dangerous place for the commission
of a controlled substance or cannabis offense.
(a) A person commits the offense of use of a dangerous
place for the commission of a controlled substance or
cannabis offense when that person knowingly exercises control
over any place with the intent to use that place to
manufacture, produce, deliver, or possess with intent to
deliver a controlled or counterfeit substance or controlled
substance analog in violation of Section 401 of the Illinois
Controlled Substances Act or to manufacture, produce,
deliver, or possess with intent to deliver cannabis in
violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis
Control Act and:
(1) the place, by virtue of the presence of the
substance or substances used or intended to be used to
manufacture a controlled or counterfeit substance,
controlled substance analog, or cannabis, presents a
substantial risk of injury to any person from fire,
explosion, or exposure to toxic or noxious chemicals or
gas; or
(2) the place used or intended to be used to
manufacture, produce, deliver, or possess with intent to
deliver a controlled or counterfeit substance, controlled
substance analog, or cannabis has located within it or
surrounding it devices, weapons, chemicals, or explosives
designed, hidden, or arranged in a manner that would
cause a person to be exposed to a substantial risk of
great bodily harm.
(b) It may be inferred that a place was intended to be
used to manufacture a controlled or counterfeit substance or
controlled substance analog if a substance containing a
controlled or counterfeit substance or controlled substance
analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or
controlled substance analog is found at the place of the
alleged illegal controlled substance manufacturing in close
proximity to equipment or a chemical used for facilitating
the manufacture of the controlled or counterfeit substance or
controlled substance analog that is alleged to have been
intended to be manufactured.
(c) As used in this Section, "place" means a premise,
conveyance, or location that offers seclusion, shelter,
means, or facilitation for manufacturing, producing,
possessing, or possessing with intent to deliver a controlled
or counterfeit substance, controlled substance analog, or
cannabis.
(d) Use of a dangerous place for the commission of a
controlled substance or cannabis offense is a Class 1 felony.
Effective Date: 01/01/04
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