Bill Amendment: IL HB1432 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CANNABIS-ONE-TENTH GRAM

Status: 2015-05-20 - Tabled [HB1432 Detail]

Download: Illinois-2015-HB1432-House_Amendment_001.html

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Rep. La Shawn K. Ford

Filed: 3/9/2015

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AMENDMENT TO HOUSE BILL 1432
AMENDMENT NO. ______. Amend House Bill 1432 by replacing
everything after the enacting clause with the following:
"Section 5. The Cannabis Control Act is amended by changing
Sections 4 and 10.2 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 30 2.5 grams of any substance
containing cannabis is guilty of a petty offense and shall
be fined $100 for a first offense, $200 for a second
offense, and $300 for a third or subsequent offense and
ordered by the court to perform 20 hours of community
service at a drug-abuse treatment center licensed by the
Department of Human Services under the Alcoholism and Other
Drug Abuse and Dependency Act Class C misdemeanor;

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(b) (blank); more than 2.5 grams but not more than 10
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) (blank); more than 10 grams but not more than 30
grams of any substance containing cannabis is guilty of a
Class A misdemeanor; provided, that if any offense under
this subsection (c) is a subsequent offense, the offender
shall be guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 3
felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 2
felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
Sec. 10.2. Allocation of fines.
(a) If the seizure was made by State law enforcement

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personnel, 6 1/4% Twelve and one-half percent of all amounts
collected as fines pursuant to the provisions of this Act shall
be paid into the Youth Drug Abuse Prevention Fund, which is
hereby created in the State treasury, to be used by the
Department of Human Services for the funding of programs and
services for drug-abuse treatment, and prevention and
education services, for juveniles.
(a-5) If the seizure was made by State law enforcement
personnel, 6 1/4% of all amounts collected as fines under the
provisions of this Act shall be paid into the Drug Treatment
Fund, to be used by the Department of Human Services for the
funding of programs and services for drug-abuse treatment,
prevention and education services, for adults.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Act shall be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
(1) (Blank). If such seizure was made by a combination
of law enforcement personnel representing differing units
of local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million in population, the court

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levying the fine shall allocate 87 1/2% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If the such seizure was made by State law
enforcement personnel, then the court shall allocate 37
1/2% to the State treasury and 50% to the county general
corporate fund.
(3) (Blank). If a State law enforcement agency in
combination with a law enforcement agency or agencies of a
unit or units of local government conducted the seizure,
the court shall equitably allocate 37 1/2% of the fines to
or among the law enforcement agency or agencies of the unit
or units of local government which conducted the seizure
and shall allocate 50% to the county general corporate
fund.
(b-5) If the seizure was made by a combination of law
enforcement personnel representing different units of local
government, the court levying the fine shall equitably allocate
50% of the fine among these units of local government and shall
allocate 37 1/2% to the county general corporate fund. Six and

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one-quarter percent shall be paid into the Youth Drug Abuse
Prevention Fund and 6 1/4% shall be paid into the Drug
Treatment Fund. In the event that the seizure was made by law
enforcement personnel representing a unit of local government
from a municipality where the number of inhabitants exceeds
2,000,000 in population, the court levying the fine shall
allocate 87 1/2% of the fine to that unit of local government.
Six and one-quarter percent shall be paid into the Youth Drug
Abuse Prevention Fund and 6 1/4% shall be paid into the Drug
Treatment Fund. If the seizure was made by a combination of law
enforcement personnel representing different units of local
government, and at least one of those units represents a
municipality where the number of inhabitants exceeds 2,000,000
in population, the court shall equitably allocate 87 1/2% of
the proceeds of the fines received among the different units of
local government. Six and one-quarter percent shall be paid
into the Youth Drug Abuse Prevention Fund and 6 1/4% shall be
deposited into the Drug Treatment Fund. If a State law
enforcement agency in combination with a law enforcement agency
or agencies of a unit or units of local government conducted
the seizure, the court shall equitably allocate 50% of the
fines to or among the law enforcement agency or agencies of the
unit or units of local government which conducted the seizure
and shall allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local

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government pursuant to subsections subsection (b) and (b-5)
shall be made available to that law enforcement agency as
expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. The proceeds of
fines awarded to the State treasury shall be deposited in a
special fund known as the Drug Traffic Prevention Fund, except
that amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be used
as provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Department of State
Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs
and expenses associated with returning violators of this Act,
the Illinois Controlled Substances Act, and the
Methamphetamine Control and Community Protection Act only, as
provided in such Acts, when punishment of the crime shall be
confinement of the criminal in the penitentiary; and all other
monies shall be paid into the general revenue fund in the State
treasury.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.".