Bill Amendment: IL SB2228 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CANNABIS-PENALTIES

Status: 2016-07-29 - Public Act . . . . . . . . . 99-0697 [SB2228 Detail]

Download: Illinois-2015-SB2228-House_Amendment_001.html

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Rep. Ron Sandack

Filed: 5/5/2016

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AMENDMENT TO SENATE BILL 2228
AMENDMENT NO. ______. Amend Senate Bill 2228 on page 1, by
replacing line 5 with the following:
"changing Sections 5 and 5.2 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports. All policing bodies of this State
shall furnish to the Department, daily, in the form and detail
the Department requires, fingerprints, descriptions, and
ethnic and racial background data as provided in Section 4.5 of
this Act of all persons who are arrested on charges of
violating any penal statute of this State for offenses that are
classified as felonies and Class A or B misdemeanors, and of
all minors of the age of 10 and over who have been arrested for
an offense which would be a felony if committed by an adult,
all municipal ordinance or unit of local government ordinance
violations involving cannabis offenses, and all civil law
violations involving possession of 10 grams or less of

09900SB2228ham001 - 2 - LRB099 16422 RLC 47893 a
cannabis, and may forward such fingerprints and descriptions
for minors arrested for Class A or B misdemeanors. Moving or
nonmoving traffic violations under the Illinois Vehicle Code
shall not be reported except for violations of Chapter 4,
Section 11-204.1, or Section 11-501 of that Code. In addition,
conservation offenses, as defined in the Supreme Court Rule
501(c), that are classified as Class B misdemeanors shall not
be reported. Those law enforcement records maintained by the
Department for minors arrested for an offense prior to their
17th birthday, or minors arrested for a non-felony offense, if
committed by an adult, prior to their 18th birthday, shall not
be forwarded to the Federal Bureau of Investigation unless
those records relate to an arrest in which a minor was charged
as an adult under any of the transfer provisions of the
Juvenile Court Act of 1987.
(Source: P.A. 98-528, eff. 1-1-15.)"; and
on page 6, by replacing lines 6 through 26 with the following:
"(2.5) Department of State Police records of a person
found to have committed 2 civil law violation offenses
under subsection (a) of Section 4 of the Cannabis Control
Act or subsection (c) of Section 3.5 of the Drug
Paraphernalia Control Act or similar municipal ordinance
or unit of local government ordinance violation offenses,
within a one-year period, but not having had committed a
third offense, which contain the final satisfactory

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disposition which pertain to the person issued a citation
for that offense shall be reported to the appropriate
circuit clerks for automatic expungement of the 2 offenses
in one year on January 1 following the 2 offenses."; and
on page 7, by deleting lines 1 through 5; and
on page 173, by replacing lines 13 through 15 with the
following:
"containing cannabis is guilty of a civil law violation
punishable by a minimum fine of $100 and a maximum fine of $200
for a first or second offense. A third or subsequent offense
committed under this subsection (a) is a Class C misdemeanor.
The proceeds of the fine shall by payable to the"; and
on page 174, line 18, by inserting after "Fund" the following:
".
All civil law violations shall be reported to the
Department of State Police who shall keep those records
under Section 5 of the Criminal Identification Act"; and
on page 176, line 15, after "Act.", by inserting "All
violations of an ordinance imposing a fine upon cannabis shall
be reported to the Department of State Police who shall keep
those records under Section 5 of the Criminal Identification
Act.".