Bill Text: IL HB0806 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Methamphetamine Precursor Control Act is | ||||||
5 | amended by changing Sections 10, 20, and 40 as follows:
| ||||||
6 | (720 ILCS 648/10) | ||||||
7 | Sec. 10. Definitions. In this Act: | ||||||
8 | "Administer" or "administration" has the meaning provided | ||||||
9 | in Section 102 of the Illinois Controlled Substances Act. | ||||||
10 | "Agent" has the meaning provided in Section 102 of the | ||||||
11 | Illinois Controlled Substances Act. | ||||||
12 | "Authorized representative" means an employee or agent of a | ||||||
13 | qualified outside entity who has been authorized in writing by | ||||||
14 | his or her agency or office to receive confidential information | ||||||
15 | from the Central Repository. | ||||||
16 | "Central Repository" means the entity chosen by the | ||||||
17 | Illinois State Police to handle electronic transaction records | ||||||
18 | as described in this Act. | ||||||
19 | "Convenience package" means any package that contains 360 | ||||||
20 | milligrams or less of ephedrine or pseudoephedrine, their salts | ||||||
21 | or optical isomers, or salts of optical isomers in liquid or | ||||||
22 | liquid-filled capsule form. | ||||||
23 | "Covered pharmacy" means any pharmacy that distributes any |
| |||||||
| |||||||
1 | amount of targeted methamphetamine precursor that is | ||||||
2 | physically located in Illinois. | ||||||
3 | "Deliver" has the meaning provided in Section 102 of the | ||||||
4 | Illinois Controlled Substances Act. | ||||||
5 | "Dispense" has the meaning provided in Section 102 of the | ||||||
6 | Illinois Controlled Substances Act.
| ||||||
7 | "Distribute" has the meaning provided in Section 102 of the | ||||||
8 | Illinois Controlled Substances Act. | ||||||
9 | "Electronic transaction record" means, with respect to the | ||||||
10 | distribution of a targeted methamphetamine precursor by a | ||||||
11 | pharmacy to a recipient under Section 25 of this Act, an | ||||||
12 | electronic record that includes: the name and address of the | ||||||
13 | recipient; date and time of the transaction; brand and product | ||||||
14 | name and total quantity distributed of ephedrine or | ||||||
15 | pseudoephedrine, their salts, or optical isomers, or salts of | ||||||
16 | optical isomers; identification type and identification number | ||||||
17 | of the identification presented by the recipient; and the name | ||||||
18 | and address of the pharmacy. | ||||||
19 | "Identification information" means identification type and | ||||||
20 | identification number. | ||||||
21 | "Identification number" means the number that appears on | ||||||
22 | the identification furnished by the recipient of a targeted | ||||||
23 | methamphetamine precursor. | ||||||
24 | "Identification type" means the type of identification | ||||||
25 | furnished by the recipient of a targeted methamphetamine | ||||||
26 | precursor such as, by way of example only, an Illinois driver's |
| |||||||
| |||||||
1 | license or United States passport. | ||||||
2 | "List I chemical" has the meaning provided in 21 U.S.C. | ||||||
3 | Section 802. | ||||||
4 | "Methamphetamine precursor" has the meaning provided in | ||||||
5 | Section 10 of the Methamphetamine Control and Community | ||||||
6 | Protection Act. | ||||||
7 | "Package" means an item packaged and marked for retail sale | ||||||
8 | that is not designed to be further broken down or subdivided | ||||||
9 | for the purpose of retail sale. | ||||||
10 | "Pharmacist" has the meaning provided in Section 102 of the | ||||||
11 | Illinois Controlled Substances Act.
| ||||||
12 | "Pharmacy" has the meaning provided in Section 102 of the | ||||||
13 | Illinois Controlled Substances Act. | ||||||
14 | "Practitioner" has the meaning provided in Section 102 of | ||||||
15 | the Illinois Controlled Substances Act. | ||||||
16 | "Prescriber" has the meaning provided in Section 102 of the | ||||||
17 | Illinois Controlled Substances Act. | ||||||
18 | "Prescription" has the meaning provided in Section 102 of | ||||||
19 | the Illinois Controlled Substances Act. | ||||||
20 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
21 | obtain, for oneself or another person, by legal or illegal | ||||||
22 | means, or to cause another to take that action. | ||||||
23 | "Qualified outside entity" means a law enforcement agency | ||||||
24 | or prosecutor's office with authority to identify, | ||||||
25 | investigate, or prosecute violations of this Act or any other | ||||||
26 | State or federal law or rule involving a methamphetamine |
| |||||||
| |||||||
1 | precursor, methamphetamine, or any other controlled substance. | ||||||
2 | "Readily retrievable" has the meaning provided in 21 C.F.R. | ||||||
3 | part 1300. | ||||||
4 | "Recipient" means a person purchasing, receiving, or | ||||||
5 | otherwise acquiring a targeted methamphetamine precursor from | ||||||
6 | a pharmacy in Illinois, as described in Section 25 of this Act. | ||||||
7 | "Retail distributor" means a grocery store, general | ||||||
8 | merchandise store, drug store, other merchandise store, or | ||||||
9 | other entity or person whose activities as a distributor | ||||||
10 | relating to drug products containing targeted methamphetamine | ||||||
11 | precursor are limited exclusively or almost exclusively to | ||||||
12 | sales for personal use by an ultimate user, both in number of | ||||||
13 | sales and volume of sales, either directly to walk-in customers | ||||||
14 | or in face-to-face transactions by direct sales. | ||||||
15 | "Sales employee" means any employee or agent, other than a | ||||||
16 | pharmacist or pharmacy technician who at any time (a) operates | ||||||
17 | a cash register at which convenience
packages may be sold, (b) | ||||||
18 | stocks shelves containing convenience packages, or (c) trains | ||||||
19 | or supervises any other employee or agent who engages in any of | ||||||
20 | the preceding activities. | ||||||
21 | "Single retail transaction" means a sale by a retail | ||||||
22 | distributor to a recipient at a specific time. | ||||||
23 | "Targeted methamphetamine precursor" means any compound, | ||||||
24 | mixture, or preparation that contains any detectable quantity | ||||||
25 | of ephedrine or pseudoephedrine, their salts or optical | ||||||
26 | isomers, or salts of optical isomers. |
| |||||||
| |||||||
1 | "Targeted package" means a package, including a | ||||||
2 | convenience package, containing any amount of targeted | ||||||
3 | methamphetamine precursor. | ||||||
4 | "Ultimate user" has the meaning provided in Section 102 of | ||||||
5 | the Illinois Controlled Substances Act.
| ||||||
6 | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
| ||||||
7 | (720 ILCS 648/20) | ||||||
8 | Sec. 20. Restrictions on purchase, receipt, or | ||||||
9 | acquisition. | ||||||
10 | (a) Except as provided in subsection (e) of this Section, | ||||||
11 | any person 18 years of age or older wishing to purchase, | ||||||
12 | receive, or otherwise acquire a targeted methamphetamine | ||||||
13 | precursor shall, prior to taking possession of the targeted | ||||||
14 | methamphetamine precursor:
| ||||||
15 | (1) provide a driver's license or other | ||||||
16 | government-issued identification showing the person's | ||||||
17 | name, date of birth, and photograph; and | ||||||
18 | (2) sign a log documenting the name and address of the | ||||||
19 | person, date and time of the transaction, and brand and | ||||||
20 | product name and total quantity distributed of ephedrine or | ||||||
21 | pseudoephedrine, their salts, or optical isomers, or salts | ||||||
22 | of optical isomers. | ||||||
23 | (b) Except as provided in subsection (e) of this Section, | ||||||
24 | no person shall knowingly purchase, receive, or otherwise | ||||||
25 | acquire, within any 30-day period products containing more than |
| |||||||
| |||||||
1 | a total of 7,500 milligrams of ephedrine or pseudoephedrine, | ||||||
2 | their salts or optical isomers, or salts of optical isomers.
| ||||||
3 | (c) Except as provided in subsections (d) and (e) of this | ||||||
4 | Section, no person shall knowingly purchase, receive, or | ||||||
5 | otherwise acquire more than 2 targeted packages in a single | ||||||
6 | retail transaction. | ||||||
7 | (d) Except as provided in subsection (e) of this Section, | ||||||
8 | no person shall knowingly purchase, receive, or otherwise | ||||||
9 | acquire more than one convenience package from a retail | ||||||
10 | location other than a pharmacy counter in a 24-hour period. | ||||||
11 | (e) This Section shall not apply to any person who | ||||||
12 | purchases, receives, or otherwise acquires a targeted | ||||||
13 | methamphetamine precursor for the purpose of dispensing, | ||||||
14 | distributing, or administering it in a lawful manner described | ||||||
15 | in subsection (e) of Section 15 of this Act.
| ||||||
16 | (f) A person shall not knowingly procure a targeted | ||||||
17 | methamphetamine precursor for a third party for the purpose of | ||||||
18 | evading this Act, the Illinois Controlled Substances Act, or | ||||||
19 | the Methamphetamine Control and Community Protection Act. | ||||||
20 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
| ||||||
21 | (720 ILCS 648/40)
| ||||||
22 | Sec. 40. Penalties. | ||||||
23 | (a) Violations of subsection (b) of Section 20 of this Act. | ||||||
24 | (1) Any person who knowingly purchases, receives, or | ||||||
25 | otherwise acquires, within any 30-day period, products |
| |||||||
| |||||||
1 | containing more than a total of 7,500 milligrams of | ||||||
2 | ephedrine or pseudoephedrine, their salts or optical | ||||||
3 | isomers, or salts of optical isomers in violation of | ||||||
4 | subsection (b) of Section 20 of this Act is subject to the | ||||||
5 | following penalties: | ||||||
6 | (A) More than 7,500 milligrams but less than 15,000 | ||||||
7 | milligrams, Class B misdemeanor; | ||||||
8 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
9 | Class A misdemeanor; | ||||||
10 | (C) 22,500 or more but less than 30,000 milligrams, | ||||||
11 | Class 4 felony; | ||||||
12 | (D) 30,000 or more but less than 37,500 milligrams, | ||||||
13 | Class 3 felony; | ||||||
14 | (E) 37,500 or more but less than 45,000 milligrams, | ||||||
15 | Class 2 felony: | ||||||
16 | (F) 45,000 or more milligrams, Class 1 felony. | ||||||
17 | (2) Any person who knowingly purchases, receives, or | ||||||
18 | otherwise acquires, within any 30-day period, products | ||||||
19 | containing more than a total of 7,500 milligrams of | ||||||
20 | ephedrine or pseudoephedrine, their salts or optical | ||||||
21 | isomers, or salts of optical isomers in violation of | ||||||
22 | subsection (b) of Section 20 of this Act, and who has | ||||||
23 | previously been convicted of any methamphetamine-related | ||||||
24 | offense under any State or federal law, is subject to the | ||||||
25 | following penalties: | ||||||
26 | (A) More than 7,500 milligrams but less than 15,000 |
| |||||||
| |||||||
1 | milligrams, Class A misdemeanor; | ||||||
2 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
3 | Class 4 felony; | ||||||
4 | (C) 22,500 or more but less than 30,000 milligrams, | ||||||
5 | Class 3 felony; | ||||||
6 | (D) 30,000 or more but less than 37,500 milligrams, | ||||||
7 | Class 2 felony; | ||||||
8 | (E) 37,500 or more milligrams, Class 1 felony. | ||||||
9 | (3) Any person who knowingly purchases, receives, or | ||||||
10 | otherwise acquires, within any 30-day period, products | ||||||
11 | containing more than a total of 7,500 milligrams of | ||||||
12 | ephedrine or pseudoephedrine, their salts or optical | ||||||
13 | isomers, or salts of optical isomers in violation of | ||||||
14 | subsection (b) of Section 20 of this Act, and who has | ||||||
15 | previously been convicted 2 or more times of any | ||||||
16 | methamphetamine-related offense under State or federal | ||||||
17 | law, is subject to the following penalties: | ||||||
18 | (A) More than 7,500 milligrams but less than 15,000 | ||||||
19 | milligrams, Class 4 felony; | ||||||
20 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
21 | Class 3 felony; | ||||||
22 | (C) 22,500 or more but less than 30,000 milligrams, | ||||||
23 | Class 2 felony; | ||||||
24 | (D) 30,000 or more milligrams, Class 1 felony. | ||||||
25 | (b) Violations of Section 15, 20, 25, 30, or 35 of this | ||||||
26 | Act, other than violations of subsection (b) or (f) of Section |
| |||||||
| |||||||
1 | 20 of this Act. | ||||||
2 | (1) Any pharmacy or retail distributor that violates | ||||||
3 | Section 15, 20, 25, 30, or 35 of this Act, other than | ||||||
4 | subsection (b) or (f) of Section 20 of this Act, is guilty | ||||||
5 | of a petty offense and subject to a fine of $500 for a | ||||||
6 | first offense; and $1,000 for a second offense occurring at | ||||||
7 | the same retail location as and within 3 years of the prior | ||||||
8 | offense. A pharmacy or retail distributor that violates | ||||||
9 | this Act is guilty of a business offense and subject to a | ||||||
10 | fine of $5,000 for a third or subsequent offense occurring | ||||||
11 | at the same retail location as and within 3 years of the | ||||||
12 | prior offenses. | ||||||
13 | (2) An employee or agent of a pharmacy or retail | ||||||
14 | distributor who violates Section 15, 20, 25, 30, or 35 of | ||||||
15 | this Act, other than subsection (b) or (f) of Section 20 of | ||||||
16 | this Act, is guilty of a Class A misdemeanor for a first | ||||||
17 | offense, a Class 4 felony for a second offense, and a Class | ||||||
18 | 1 felony for a third or subsequent offense. | ||||||
19 | (3) Any other person who violates Section 15, 20, 25, | ||||||
20 | 30, or 35 of this Act, other than subsection (b) or (f) of | ||||||
21 | Section 20 of this Act, is guilty of a Class B misdemeanor | ||||||
22 | for a first offense, a Class A misdemeanor for a second | ||||||
23 | offense, and a Class 4 felony for a third or subsequent | ||||||
24 | offense. | ||||||
25 | (c) (Blank). | ||||||
26 | (d) (Blank). |
| |||||||
| |||||||
1 | (e)
Any person who, in order to acquire a targeted | ||||||
2 | methamphetamine precursor, knowingly uses or provides the | ||||||
3 | driver's license or government-issued identification of | ||||||
4 | another person, or who knowingly uses or provides a fictitious | ||||||
5 | or unlawfully altered driver's license or government-issued | ||||||
6 | identification, or who otherwise knowingly provides false | ||||||
7 | information, is guilty of a Class 4 felony for a first offense, | ||||||
8 | a Class 3 felony for a second offense, and a Class 2 felony for | ||||||
9 | a third or subsequent offense. | ||||||
10 | For purposes of this subsection (e), the terms "fictitious | ||||||
11 | driver's license", "unlawfully altered driver's license", and | ||||||
12 | "false information" have the meanings ascribed to them in | ||||||
13 | Section 6-301.1 of the Illinois Vehicle Code.
| ||||||
14 | (f) Any person who violates subsection (f) of Section 20 of | ||||||
15 | this Act is guilty of a Class A misdemeanor for the first | ||||||
16 | conviction, and a Class 4 felony for a second or subsequent | ||||||
17 | conviction. | ||||||
18 | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|