Bill Amendment: IL SB1328 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-DRUG OFFENS ASSESSMENT
Status: 2018-12-20 - Public Act . . . . . . . . . 100-1161 [SB1328 Detail]
Download: Illinois-2017-SB1328-Senate_Amendment_001.html
Bill Title: CD CORR-DRUG OFFENS ASSESSMENT
Status: 2018-12-20 - Public Act . . . . . . . . . 100-1161 [SB1328 Detail]
Download: Illinois-2017-SB1328-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1328
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2 | AMENDMENT NO. ______. Amend Senate Bill 1328 on page 1, | ||||||
3 | line 5, by replacing "Section 5-9-1.1" with the following: | ||||||
4 | "Sections 5-9-1.1 and 5-9-1.5"; and
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5 | on page 6, by inserting immediately below line 26 the | ||||||
6 | following:
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7 | "(730 ILCS 5/5-9-1.1-5) | ||||||
8 | Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||||||
9 | (a) When a person has been adjudged guilty of a | ||||||
10 | methamphetamine related
offense involving possession or | ||||||
11 | delivery of methamphetamine or any salt of an optical isomer of | ||||||
12 | methamphetamine or possession of a methamphetamine | ||||||
13 | manufacturing material as set forth in Section 10 of the | ||||||
14 | Methamphetamine Control and Community Protection Act with the | ||||||
15 | intent to manufacture a substance containing methamphetamine | ||||||
16 | or salt of an optical isomer of methamphetamine, in addition to |
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1 | any
other penalty imposed, a fine shall be levied by the court | ||||||
2 | at not less than
the full street value of the methamphetamine | ||||||
3 | or salt of an optical isomer of methamphetamine or | ||||||
4 | methamphetamine manufacturing materials seized. | ||||||
5 | "Street value" shall be determined by the court on the | ||||||
6 | basis of testimony
of law enforcement personnel and the | ||||||
7 | defendant as to the amount seized and
such testimony as may be | ||||||
8 | required by the court as to the current street
value of the | ||||||
9 | methamphetamine or salt of an optical isomer of methamphetamine | ||||||
10 | or methamphetamine manufacturing materials seized. | ||||||
11 | (b) In addition to any penalty imposed under subsection (a) | ||||||
12 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
13 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
14 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
15 | Clerks of Courts Act
for deposit into the Methamphetamine Law | ||||||
16 | Enforcement Fund and allocated as provided in subsection (d) of | ||||||
17 | Section 5-9-1.2.
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18 | (c) In addition to any penalty imposed under subsection (a) | ||||||
19 | of this
Section, a $25 assessment shall be assessed by the | ||||||
20 | court, the proceeds of which
shall be collected by the Circuit | ||||||
21 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
22 | Criminal Justice Information Projects Fund. The moneys | ||||||
23 | deposited into the Criminal Justice Information Projects Fund | ||||||
24 | under this Section shall be appropriated to and administered by | ||||||
25 | the Illinois Criminal Justice Information Authority for | ||||||
26 | distribution to fund the Department of State Police funding of |
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1 | drug task forces and Metropolitan Enforcement Groups by | ||||||
2 | dividing the funds equally by the total number of Department of | ||||||
3 | State Police drug task forces and Metropolitan Enforcement | ||||||
4 | Groups . | ||||||
5 | (d) In addition to any penalty imposed under subsection (a) | ||||||
6 | of this
Section, a $40 assessment shall be assessed by the | ||||||
7 | court, the proceeds of which
shall be collected by the Circuit | ||||||
8 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
9 | the State Treasurer for deposit into the Prescription Pill and | ||||||
10 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
11 | the Criminal Justice Information Projects Fund, for use by the | ||||||
12 | Illinois Criminal Justice Information Authority for the costs | ||||||
13 | associated with making grants from the Prescription Pill and | ||||||
14 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
15 | for deposit into the Circuit Court Clerk Operation and | ||||||
16 | Administrative Fund for the costs associated with | ||||||
17 | administering this subsection. | ||||||
18 | (Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)".
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