Bill Text: IL HB0806 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Methamphetamine Precursor Control Act. Makes a technical change in a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0371 [HB0806 Detail]

Download: Illinois-2013-HB0806-Chaptered.html

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Public Act 098-0371
HB0806 Enrolled LRB098 03642 RLC 33658 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Methamphetamine Precursor Control Act is
amended by changing Sections 10, 20, and 40 as follows:
(720 ILCS 648/10)
Sec. 10. Definitions. In this Act:
"Administer" or "administration" has the meaning provided
in Section 102 of the Illinois Controlled Substances Act.
"Agent" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Authorized representative" means an employee or agent of a
qualified outside entity who has been authorized in writing by
his or her agency or office to receive confidential information
from the Central Repository.
"Central Repository" means the entity chosen by the
Illinois State Police to handle electronic transaction records
as described in this Act.
"Convenience package" means any package that contains 360
milligrams or less of ephedrine or pseudoephedrine, their salts
or optical isomers, or salts of optical isomers in liquid or
liquid-filled capsule form.
"Covered pharmacy" means any pharmacy that distributes any

amount of targeted methamphetamine precursor that is
physically located in Illinois.
"Deliver" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Dispense" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Electronic transaction record" means, with respect to the
distribution of a targeted methamphetamine precursor by a
pharmacy to a recipient under Section 25 of this Act, an
electronic record that includes: the name and address of the
recipient; date and time of the transaction; brand and product
name and total quantity distributed of ephedrine or
pseudoephedrine, their salts, or optical isomers, or salts of
optical isomers; identification type and identification number
of the identification presented by the recipient; and the name
and address of the pharmacy.
"Identification information" means identification type and
identification number.
"Identification number" means the number that appears on
the identification furnished by the recipient of a targeted
methamphetamine precursor.
"Identification type" means the type of identification
furnished by the recipient of a targeted methamphetamine
precursor such as, by way of example only, an Illinois driver's

license or United States passport.
"List I chemical" has the meaning provided in 21 U.S.C.
Section 802.
"Methamphetamine precursor" has the meaning provided in
Section 10 of the Methamphetamine Control and Community
Protection Act.
"Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
"Pharmacist" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Practitioner" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Prescriber" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Prescription" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Procure" means to purchase, steal, gather, or otherwise
obtain, for oneself or another person, by legal or illegal
means, or to cause another to take that action.
"Qualified outside entity" means a law enforcement agency
or prosecutor's office with authority to identify,
investigate, or prosecute violations of this Act or any other
State or federal law or rule involving a methamphetamine

precursor, methamphetamine, or any other controlled substance.
"Readily retrievable" has the meaning provided in 21 C.F.R.
part 1300.
"Recipient" means a person purchasing, receiving, or
otherwise acquiring a targeted methamphetamine precursor from
a pharmacy in Illinois, as described in Section 25 of this Act.
"Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor
relating to drug products containing targeted methamphetamine
precursor are limited exclusively or almost exclusively to
sales for personal use by an ultimate user, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
"Sales employee" means any employee or agent, other than a
pharmacist or pharmacy technician who at any time (a) operates
a cash register at which convenience packages may be sold, (b)
stocks shelves containing convenience packages, or (c) trains
or supervises any other employee or agent who engages in any of
the preceding activities.
"Single retail transaction" means a sale by a retail
distributor to a recipient at a specific time.
"Targeted methamphetamine precursor" means any compound,
mixture, or preparation that contains any detectable quantity
of ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers.

"Targeted package" means a package, including a
convenience package, containing any amount of targeted
methamphetamine precursor.
"Ultimate user" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
(720 ILCS 648/20)
Sec. 20. Restrictions on purchase, receipt, or
acquisition.
(a) Except as provided in subsection (e) of this Section,
any person 18 years of age or older wishing to purchase,
receive, or otherwise acquire a targeted methamphetamine
precursor shall, prior to taking possession of the targeted
methamphetamine precursor:
(1) provide a driver's license or other
government-issued identification showing the person's
name, date of birth, and photograph; and
(2) sign a log documenting the name and address of the
person, date and time of the transaction, and brand and
product name and total quantity distributed of ephedrine or
pseudoephedrine, their salts, or optical isomers, or salts
of optical isomers.
(b) Except as provided in subsection (e) of this Section,
no person shall knowingly purchase, receive, or otherwise
acquire, within any 30-day period products containing more than

a total of 7,500 milligrams of ephedrine or pseudoephedrine,
their salts or optical isomers, or salts of optical isomers.
(c) Except as provided in subsections (d) and (e) of this
Section, no person shall knowingly purchase, receive, or
otherwise acquire more than 2 targeted packages in a single
retail transaction.
(d) Except as provided in subsection (e) of this Section,
no person shall knowingly purchase, receive, or otherwise
acquire more than one convenience package from a retail
location other than a pharmacy counter in a 24-hour period.
(e) This Section shall not apply to any person who
purchases, receives, or otherwise acquires a targeted
methamphetamine precursor for the purpose of dispensing,
distributing, or administering it in a lawful manner described
in subsection (e) of Section 15 of this Act.
(f) A person shall not knowingly procure a targeted
methamphetamine precursor for a third party for the purpose of
evading this Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act.
(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
(720 ILCS 648/40)
Sec. 40. Penalties.
(a) Violations of subsection (b) of Section 20 of this Act.
(1) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products

containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act is subject to the
following penalties:
(A) More than 7,500 milligrams but less than 15,000
milligrams, Class B misdemeanor;
(B) 15,000 or more but less than 22,500 milligrams,
Class A misdemeanor;
(C) 22,500 or more but less than 30,000 milligrams,
Class 4 felony;
(D) 30,000 or more but less than 37,500 milligrams,
Class 3 felony;
(E) 37,500 or more but less than 45,000 milligrams,
Class 2 felony:
(F) 45,000 or more milligrams, Class 1 felony.
(2) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products
containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act, and who has
previously been convicted of any methamphetamine-related
offense under any State or federal law, is subject to the
following penalties:
(A) More than 7,500 milligrams but less than 15,000

milligrams, Class A misdemeanor;
(B) 15,000 or more but less than 22,500 milligrams,
Class 4 felony;
(C) 22,500 or more but less than 30,000 milligrams,
Class 3 felony;
(D) 30,000 or more but less than 37,500 milligrams,
Class 2 felony;
(E) 37,500 or more milligrams, Class 1 felony.
(3) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products
containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act, and who has
previously been convicted 2 or more times of any
methamphetamine-related offense under State or federal
law, is subject to the following penalties:
(A) More than 7,500 milligrams but less than 15,000
milligrams, Class 4 felony;
(B) 15,000 or more but less than 22,500 milligrams,
Class 3 felony;
(C) 22,500 or more but less than 30,000 milligrams,
Class 2 felony;
(D) 30,000 or more milligrams, Class 1 felony.
(b) Violations of Section 15, 20, 25, 30, or 35 of this
Act, other than violations of subsection (b) or (f) of Section

20 of this Act.
(1) Any pharmacy or retail distributor that violates
Section 15, 20, 25, 30, or 35 of this Act, other than
subsection (b) or (f) of Section 20 of this Act, is guilty
of a petty offense and subject to a fine of $500 for a
first offense; and $1,000 for a second offense occurring at
the same retail location as and within 3 years of the prior
offense. A pharmacy or retail distributor that violates
this Act is guilty of a business offense and subject to a
fine of $5,000 for a third or subsequent offense occurring
at the same retail location as and within 3 years of the
prior offenses.
(2) An employee or agent of a pharmacy or retail
distributor who violates Section 15, 20, 25, 30, or 35 of
this Act, other than subsection (b) or (f) of Section 20 of
this Act, is guilty of a Class A misdemeanor for a first
offense, a Class 4 felony for a second offense, and a Class
1 felony for a third or subsequent offense.
(3) Any other person who violates Section 15, 20, 25,
30, or 35 of this Act, other than subsection (b) or (f) of
Section 20 of this Act, is guilty of a Class B misdemeanor
for a first offense, a Class A misdemeanor for a second
offense, and a Class 4 felony for a third or subsequent
offense.
(c) (Blank).
(d) (Blank).

(e) Any person who, in order to acquire a targeted
methamphetamine precursor, knowingly uses or provides the
driver's license or government-issued identification of
another person, or who knowingly uses or provides a fictitious
or unlawfully altered driver's license or government-issued
identification, or who otherwise knowingly provides false
information, is guilty of a Class 4 felony for a first offense,
a Class 3 felony for a second offense, and a Class 2 felony for
a third or subsequent offense.
For purposes of this subsection (e), the terms "fictitious
driver's license", "unlawfully altered driver's license", and
"false information" have the meanings ascribed to them in
Section 6-301.1 of the Illinois Vehicle Code.
(f) Any person who violates subsection (f) of Section 20 of
this Act is guilty of a Class A misdemeanor for the first
conviction, and a Class 4 felony for a second or subsequent
conviction.
(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.