Bill Text: IL HB3235 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Eliminates mandatory sentences of imprisonment for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of these drugs. Eliminates extended term sentences, habitual criminal status, and Class X sentencing for violations of the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3235 Detail]

Download: Illinois-2017-HB3235-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3235

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:
See Index

Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Eliminates mandatory sentences of imprisonment for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of these drugs. Eliminates extended term sentences, habitual criminal status, and Class X sentencing for violations of the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3235LRB100 08746 RLC 21552 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Cannabis Control Act is amended by changing
5Sections 4, 5, 5.1, 5.2, 7, and 8 as follows:
6 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
7 Sec. 4. It is unlawful for any person knowingly to possess
8cannabis. Any person who violates this section with respect to:
9 (a) not more than 30 10 grams of any substance
10 containing cannabis is guilty of a civil law violation
11 punishable by a minimum fine not to exceed $125 of $100 and
12 a maximum fine of $200. The proceeds of the fine shall be
13 payable to the clerk of the circuit court. Within 30 days
14 after the deposit of the fine, the clerk shall distribute
15 the proceeds of the fine as follows:
16 (1) $10 of the fine to the circuit clerk and $10 of
17 the fine to the law enforcement agency that issued the
18 citation; the proceeds of each $10 fine distributed to
19 the circuit clerk and each $10 fine distributed to the
20 law enforcement agency that issued the citation for the
21 violation shall be used to defer the cost of automatic
22 expungements under paragraph (2.5) of subsection (a)
23 of Section 5.2 of the Criminal Identification Act;

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1 (2) $15 to the county to fund drug addiction
2 services;
3 (3) $10 to the Office of the State's Attorneys
4 Appellate Prosecutor for use in training programs;
5 (4) $10 to the State's Attorney; and
6 (5) any remainder of the fine to the law
7 enforcement agency that issued the citation for the
8 violation.
9 With respect to funds designated for the Department of
10 State Police, the moneys shall be remitted by the circuit
11 court clerk to the Department of State Police within one
12 month after receipt for deposit into the State Police
13 Operations Assistance Fund. With respect to funds
14 designated for the Department of Natural Resources, the
15 Department of Natural Resources shall deposit the moneys
16 into the Conservation Police Operations Assistance Fund;
17 (b) (blank); more than 10 grams but not more than 30
18 grams of any substance containing cannabis is guilty of a
19 Class B misdemeanor;
20 (c) more than 30 grams but not more than 500 100 grams
21 of any substance containing cannabis is guilty of a Class A
22 misdemeanor; provided, that if any offense under this
23 subsection (c) is a subsequent offense, the offender shall
24 be guilty of a Class 4 felony;
25 (d) (blank); more than 100 grams but not more than 500
26 grams of any substance containing cannabis is guilty of a

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1 Class 4 felony; provided that if any offense under this
2 subsection (d) is a subsequent offense, the offender shall
3 be guilty of a Class 3 felony;
4 (e) more than 500 grams but not more than 2,000 grams
5 of any substance containing cannabis is guilty of a Class 4
6 3 felony;
7 (f) more than 2,000 grams but not more than 5,000 grams
8 of any substance containing cannabis is guilty of a Class 3
9 2 felony;
10 (g) more than 5,000 grams of any substance containing
11 cannabis is guilty of a Class 2 1 felony.
12(Source: P.A. 99-697, eff. 7-29-16.)
13 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
14 Sec. 5. It is unlawful for any person knowingly to
15manufacture, deliver, or possess with intent to deliver, or
16manufacture, cannabis. Any person who violates this section
17with respect to:
18 (a) not more than 10 2.5 grams of any substance containing
19cannabis is guilty of a Class B misdemeanor;
20 (b) (blank) more than 2.5 grams but not more than 10 grams
21of any substance containing cannabis is guilty of a Class A
22misdemeanor;
23 (c) more than 10 grams but not more than 30 grams of any
24substance containing cannabis is guilty of a Class A
25misdemeanor 4 felony;

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1 (d) more than 30 grams but not more than 500 grams of any
2substance containing cannabis is guilty of a Class 4 3 felony
3for which a fine not to exceed $50,000 may be imposed;
4 (e) more than 500 grams but not more than 2,000 grams of
5any substance containing cannabis is guilty of a Class 3 2
6felony for which a fine not to exceed $100,000 may be imposed;
7 (f) more than 2,000 grams but not more than 5,000 grams of
8any substance containing cannabis is guilty of a Class 2 1
9felony for which a fine not to exceed $150,000 may be imposed;
10 (g) (blank). more than 5,000 grams of any substance
11containing cannabis is guilty of a Class 2 X felony for which a
12fine not to exceed $200,000 may be imposed.
13(Source: P.A. 90-397, eff. 8-15-97.)
14 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
15 Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
16authorized by this Act, any person who knowingly brings or
17causes to be brought into this State for the purpose of
18manufacture or delivery or with the intent to manufacture or
19deliver 2,500 grams or more of cannabis in this State or any
20other state or country is guilty of cannabis trafficking.
21 (a-5) A person convicted of cannabis trafficking shall be
22sentenced as authorized by Section 5 of this Act, based upon
23the amount of the cannabis brought or caused to be brought into
24this State, if the person at sentencing proves by a
25preponderance of the evidence that he or she:

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1 (1) received little or no compensation from the illegal
2 transport of the cannabis into this State and had minimal
3 knowledge of the scope and structure of the enterprise to
4 manufacture or deliver the cannabis transported; or
5 (2) was not involved in the organization or planning of
6 the enterprise to manufacture or deliver the cannabis
7 transported.
8 (b) Except as otherwise provided in subsection (a-5) of
9this Section, a A person convicted of cannabis trafficking is
10guilty of a Class 1 felony shall be sentenced to a term of
11imprisonment not less than twice the minimum term and fined an
12amount as authorized by subsection (f) or (g) of Section 5 of
13this Act, based upon the amount of cannabis brought or caused
14to be brought into this State, and not more than twice the
15maximum term of imprisonment and fined twice the amount as
16authorized by subsection (f) or (g) of Section 5 of this Act,
17based upon the amount of cannabis brought or caused to be
18brought into this State.
19(Source: P.A. 90-397, eff. 8-15-97.)
20 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
21 Sec. 5.2. Delivery of cannabis on school grounds.
22 (a.01) Any person who violates subsection (f) of Section 5
23in any school, on the real property comprising any school, or
24any conveyance owned, leased or contracted by a school to
25transport students to or from school or a school-related

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1activity, or on any public way within 500 feet of the real
2property comprising any school, or any conveyance owned, leased
3or contracted by a school to transport students to or from
4school or a school-related activity, is guilty of a Class 1
5felony;
6 (a) Any person who violates subsection (e) of Section 5 in
7any school, on the real property comprising any school, or any
8conveyance owned, leased or contracted by a school to transport
9students to or from school or a school-related school related
10activity, or on any public way within 500 1,000 feet of the
11real property comprising any school, or any conveyance owned,
12leased or contracted by a school to transport students to or
13from school or a school-related school related activity, is
14guilty of a Class 2 1 felony, the fine for which shall not
15exceed $200,000;
16 (b) Any person who violates subsection (d) of Section 5 in
17any school, on the real property comprising any school, or any
18conveyance owned, leased or contracted by a school to transport
19students to or from school or a school-related school related
20activity, or on any public way within 500 1,000 feet of the
21real property comprising any school, or any conveyance owned,
22leased or contracted by a school to transport students to or
23from school or a school-related school related activity, is
24guilty of a Class 3 2 felony, the fine for which shall not
25exceed $100,000;
26 (c) Any person who violates subsection (c) of Section 5

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1with respect to more than 15 grams of any substance containing
2cannabis in any school, on the real property comprising any
3school, or any conveyance owned, leased or contracted by a
4school to transport students to or from school or a
5school-related school related activity, or on any public way
6within 500 1,000 feet of the real property comprising any
7school, or any conveyance owned, leased or contracted by a
8school to transport students to or from school or a
9school-related school related activity, is guilty of a Class 4
103 felony, the fine for which shall not exceed $50,000;
11 (d) (Blank) Any person who violates subsection (b) of
12Section 5 in any school, on the real property comprising any
13school, or any conveyance owned, leased or contracted by a
14school to transport students to or from school or a school
15related activity, or on any public way within 1,000 feet of the
16real property comprising any school, or any conveyance owned,
17leased or contracted by a school to transport students to or
18from school or a school related activity, is guilty of a Class
194 felony, the fine for which shall not exceed $25,000;
20 (e) (Blank) Any person who violates subsection (a) of
21Section 5 in any school, on the real property comprising any
22school, or any conveyance owned, leased or contracted by a
23school to transport students to or from school or a school
24related activity, on any public way within 1,000 feet of the
25real property comprising any school, or any conveyance owned,
26leased or contracted by a school to transport students to or

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1from school or a school related activity, is guilty of a Class
2A misdemeanor.
3(Source: P.A. 87-544.)
4 (720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
5 Sec. 7. Delivery of cannabis by a person at least 18 years
6of age to a person under 18 years of age who is at least 3 years
7his or her junior.
8 (a) Any person who is at least 18 years of age who violates
9subsection (f) of Section 5 of this Act by delivering cannabis
10to a person under 18 years of age who is at least 3 years his
11junior may, at the discretion of the court, be sentenced to a
12maximum term of imprisonment that is equal to the maximum term
13of imprisonment for the underlying offense plus the minimum
14term of imprisonment for the underlying offense.
15 may be sentenced to imprisonment for a term up to twice the
16maximum term otherwise authorized by Section 5.
17 (b) Any person under 18 years of age who violates Section 4
18or 5 of this Act may be treated by the court in accordance with
19the Juvenile Court Act of 1987.
20(Source: P.A. 85-1209.)
21 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
22 Sec. 8. It is unlawful for any person knowingly to produce
23the cannabis sativa plant or to possess such plants unless
24production or possession has been authorized pursuant to the

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1provisions of Section 11 or 15.2 of the Act. Any person who
2violates this Section with respect to production or possession
3of:
4 (a) Not more than 5 plants is guilty of a Class B A
5misdemeanor.
6 (b) More than 5, but not more than 20 plants, is guilty of
7a Class A misdemeanor 4 felony.
8 (c) More than 20, but not more than 50 plants, is guilty of
9a Class 4 3 felony.
10 (d) More than 50, but not more than 200 plants, is guilty
11of a Class 3 2 felony for which a fine not to exceed $100,000
12may be imposed and for which liability for the cost of
13conducting the investigation and eradicating such plants may be
14assessed. Compensation for expenses incurred in the
15enforcement of this provision shall be transmitted to and
16deposited in the treasurer's office at the level of government
17represented by the Illinois law enforcement agency whose
18officers or employees conducted the investigation or caused the
19arrest or arrests leading to the prosecution, to be
20subsequently made available to that law enforcement agency as
21expendable receipts for use in the enforcement of laws
22regulating controlled substances and cannabis. If such seizure
23was made by a combination of law enforcement personnel
24representing different levels of government, the court levying
25the assessment shall determine the allocation of such
26assessment. The proceeds of assessment awarded to the State

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1treasury shall be deposited in a special fund known as the Drug
2Traffic Prevention Fund.
3 (e) More than 200 plants is guilty of a Class 2 1 felony
4for which a fine not to exceed $100,000 may be imposed and for
5which liability for the cost of conducting the investigation
6and eradicating such plants may be assessed. Compensation for
7expenses incurred in the enforcement of this provision shall be
8transmitted to and deposited in the treasurer's office at the
9level of government represented by the Illinois law enforcement
10agency whose officers or employees conducted the investigation
11or caused the arrest or arrests leading to the prosecution, to
12be subsequently made available to that law enforcement agency
13as expendable receipts for use in the enforcement of laws
14regulating controlled substances and cannabis. If such seizure
15was made by a combination of law enforcement personnel
16representing different levels of government, the court levying
17the assessment shall determine the allocation of such
18assessment. The proceeds of assessment awarded to the State
19treasury shall be deposited in a special fund known as the Drug
20Traffic Prevention Fund.
21(Source: P.A. 98-1072, eff. 1-1-15.)
22 (720 ILCS 550/9 rep.)
23 Section 10. The Cannabis Control Act is amended by
24repealing Section 9.

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1 Section 15. The Illinois Controlled Substances Act is
2amended by changing Sections 401, 401.1, 402, 404, 405.2, 407,
3407.1, and 407.2 as follows:
4 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
5 Sec. 401. Manufacture or delivery, or possession with
6intent to manufacture or deliver, a controlled substance, a
7counterfeit substance, or controlled substance analog. Except
8as authorized by this Act, it is unlawful for any person
9knowingly to manufacture or deliver, or possess with intent to
10manufacture or deliver, a controlled substance other than
11methamphetamine and other than bath salts as defined in the
12Bath Salts Prohibition Act sold or offered for sale in a retail
13mercantile establishment as defined in Section 16-0.1 of the
14Criminal Code of 2012, a counterfeit substance, or a controlled
15substance analog. A violation of this Act with respect to each
16of the controlled substances listed herein constitutes a single
17and separate violation of this Act. For purposes of this
18Section, "controlled substance analog" or "analog" means a
19substance, other than a controlled substance, that has a
20chemical structure substantially similar to that of a
21controlled substance in Schedule I or II, or that was
22specifically designed to produce an effect substantially
23similar to that of a controlled substance in Schedule I or II.
24Examples of chemical classes in which controlled substance
25analogs are found include, but are not limited to, the

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1following: phenethylamines, N-substituted piperidines,
2morphinans, ecgonines, quinazolinones, substituted indoles,
3and arylcycloalkylamines. For purposes of this Act, a
4controlled substance analog shall be treated in the same manner
5as the controlled substance to which it is substantially
6similar.
7 (a) Any person who violates this Section with respect to
8the following amounts of controlled or counterfeit substances
9or controlled substance analogs, notwithstanding any of the
10provisions of subsections (c), (d), (e), (f), (g) or (h) to the
11contrary, is guilty of a Class X felony and shall be sentenced
12for the class of offense to a term of imprisonment as provided
13in this subsection (a) and fined as provided in subsection (b):
14 (1) (A) a Class 2 felony not less than 6 years and not
15 more than 30 years with respect to 15 grams or more but
16 less than 100 grams of a substance containing heroin,
17 or an analog thereof;
18 (B) a Class 1 felony not less than 9 years and not
19 more than 40 years with respect to 100 grams or more
20 but less than 900 400 grams of a substance containing
21 heroin, or an analog thereof;
22 (C) (blank); not less than 12 years and not more
23 than 50 years with respect to 400 grams or more but
24 less than 900 grams of a substance containing heroin,
25 or an analog thereof;
26 (D) a Class 1 felony for which the person, if

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1 sentenced to a term of imprisonment, shall be sentenced
2 to not less than 6 15 years and not more than 30 60
3 years with respect to 900 grams or more of any
4 substance containing heroin, or an analog thereof;
5 (1.5) (A) a Class 2 felony not less than 6 years and
6 not more than 30 years with respect to 15 grams or more
7 but less than 100 grams of a substance containing
8 fentanyl, or an analog thereof;
9 (B) a Class 1 felony not less than 9 years and not
10 more than 40 years with respect to 100 grams or more
11 but less than 900 400 grams of a substance containing
12 fentanyl, or an analog thereof;
13 (C) (blank); not less than 12 years and not more
14 than 50 years with respect to 400 grams or more but
15 less than 900 grams of a substance containing fentanyl,
16 or an analog thereof;
17 (D) a Class 1 felony for which the person, if
18 sentenced to a term of imprisonment, shall be sentenced
19 to not less than 6 15 years and not more than 30 60
20 years with respect to 900 grams or more of a substance
21 containing fentanyl, or an analog thereof;
22 (2) (A) a Class 2 felony not less than 6 years and not
23 more than 30 years with respect to 15 grams or more but
24 less than 100 grams of a substance containing cocaine,
25 or an analog thereof;
26 (B) a Class 1 felony not less than 9 years and not

HB3235- 14 -LRB100 08746 RLC 21552 b
1 more than 40 years with respect to 100 grams or more
2 but less than 900 400 grams of a substance containing
3 cocaine, or an analog thereof;
4 (C) (blank); not less than 12 years and not more
5 than 50 years with respect to 400 grams or more but
6 less than 900 grams of a substance containing cocaine,
7 or an analog thereof;
8 (D) a Class 1 felony for which the person, if
9 sentenced to a term of imprisonment, shall be sentenced
10 to not less than 6 15 years and not more than 30 60
11 years with respect to 900 grams or more of any
12 substance containing cocaine, or an analog thereof;
13 (3) (A) a Class 2 felony not less than 6 years and not
14 more than 30 years with respect to 15 grams or more but
15 less than 100 grams of a substance containing morphine,
16 or an analog thereof;
17 (B) a Class 1 felony not less than 9 years and not
18 more than 40 years with respect to 100 grams or more
19 but less than 900 400 grams of a substance containing
20 morphine, or an analog thereof;
21 (C) (blank); not less than 12 years and not more
22 than 50 years with respect to 400 grams or more but
23 less than 900 grams of a substance containing morphine,
24 or an analog thereof;
25 (D) a Class 1 felony for which the person, if
26 sentenced to a term of imprisonment, shall be sentenced

HB3235- 15 -LRB100 08746 RLC 21552 b
1 to not less than 6 15 years and not more than 30 60
2 years with respect to 900 grams or more of a substance
3 containing morphine, or an analog thereof;
4 (4) a Class 1 felony with respect to 200 grams or more
5 of any substance containing peyote, or an analog thereof;
6 (5) a Class 1 felony with respect to 200 grams or more
7 of any substance containing a derivative of barbituric acid
8 or any of the salts of a derivative of barbituric acid, or
9 an analog thereof;
10 (6) a Class 1 felony with respect to 200 grams or more
11 of any substance containing amphetamine or any salt of an
12 optical isomer of amphetamine, or an analog thereof;
13 (6.5) (blank);
14 (6.6) (blank);
15 (7) (A) a Class 2 felony not less than 6 years and not
16 more than 30 years with respect to: (i) 15 grams or
17 more but less than 100 grams of a substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof, or (ii) 15 or more objects or 15 or more
20 segregated parts of an object or objects but less than
21 200 objects or 200 segregated parts of an object or
22 objects containing in them or having upon them any
23 amounts of any substance containing lysergic acid
24 diethylamide (LSD), or an analog thereof;
25 (B) a Class 1 felony not less than 9 years and not
26 more than 40 years with respect to: (i) 100 grams or

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1 more but less than 900 400 grams of a substance
2 containing lysergic acid diethylamide (LSD), or an
3 analog thereof, or (ii) 200 or more objects or 200 or
4 more segregated parts of an object or objects but less
5 than 1500 600 objects or less than 1500 600 segregated
6 parts of an object or objects containing in them or
7 having upon them any amount of any substance containing
8 lysergic acid diethylamide (LSD), or an analog
9 thereof;
10 (C) (blank); not less than 12 years and not more
11 than 50 years with respect to: (i) 400 grams or more
12 but less than 900 grams of a substance containing
13 lysergic acid diethylamide (LSD), or an analog
14 thereof, or (ii) 600 or more objects or 600 or more
15 segregated parts of an object or objects but less than
16 1500 objects or 1500 segregated parts of an object or
17 objects containing in them or having upon them any
18 amount of any substance containing lysergic acid
19 diethylamide (LSD), or an analog thereof;
20 (D) a Class 1 felony for which the person, if
21 sentenced to a term of imprisonment, shall be sentenced
22 to not less than 6 15 years and not more than 30 60
23 years with respect to: (i) 900 grams or more of any
24 substance containing lysergic acid diethylamide (LSD),
25 or an analog thereof, or (ii) 1500 or more objects or
26 1500 or more segregated parts of an object or objects

HB3235- 17 -LRB100 08746 RLC 21552 b
1 containing in them or having upon them any amount of a
2 substance containing lysergic acid diethylamide (LSD),
3 or an analog thereof;
4 (7.5) (A) a Class 2 felony not less than 6 years and
5 not more than 30 years with respect to: (i) 15 grams or
6 more but less than 100 grams of a substance listed in
7 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
8 (20), (20.1), (21), (25), or (26) of subsection (d) of
9 Section 204, or an analog or derivative thereof, or
10 (ii) 15 or more pills, tablets, caplets, capsules, or
11 objects but less than 200 pills, tablets, caplets,
12 capsules, or objects containing in them or having upon
13 them any amounts of any substance listed in paragraph
14 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
15 (20.1), (21), (25), or (26) of subsection (d) of
16 Section 204, or an analog or derivative thereof;
17 (B) a Class 1 felony not less than 9 years and not
18 more than 40 years with respect to: (i) 100 grams or
19 more but less than 400 grams of a substance listed in
20 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
21 (20), (20.1), (21), (25), or (26) of subsection (d) of
22 Section 204, or an analog or derivative thereof, or
23 (ii) 200 or more pills, tablets, caplets, capsules, or
24 objects but less than 600 pills, tablets, caplets,
25 capsules, or objects containing in them or having upon
26 them any amount of any substance listed in paragraph

HB3235- 18 -LRB100 08746 RLC 21552 b
1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
2 (20.1), (21), (25), or (26) of subsection (d) of
3 Section 204, or an analog or derivative thereof;
4 (C) a Class 1 felony for which the person, if
5 sentenced to a term of imprisonment, shall be sentenced
6 to not less than 6 12 years and not more than 30 50
7 years with respect to: (i) 400 grams or more but less
8 than 900 grams of a substance listed in paragraph (1),
9 (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
10 (21), (25), or (26) of subsection (d) of Section 204,
11 or an analog or derivative thereof, or (ii) 600 or more
12 pills, tablets, caplets, capsules, or objects but less
13 than 1,500 pills, tablets, caplets, capsules, or
14 objects containing in them or having upon them any
15 amount of any substance listed in paragraph (1), (2),
16 (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
17 (25), or (26) of subsection (d) of Section 204, or an
18 analog or derivative thereof;
19 (D) (blank); not less than 15 years and not more
20 than 60 years with respect to: (i) 900 grams or more of
21 any substance listed in paragraph (1), (2), (2.1),
22 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
23 (26) of subsection (d) of Section 204, or an analog or
24 derivative thereof, or (ii) 1,500 or more pills,
25 tablets, caplets, capsules, or objects containing in
26 them or having upon them any amount of a substance

HB3235- 19 -LRB100 08746 RLC 21552 b
1 listed in paragraph (1), (2), (2.1), (2.2), (3),
2 (14.1), (19), (20), (20.1), (21), (25), or (26) of
3 subsection (d) of Section 204, or an analog or
4 derivative thereof;
5 (8) a Class 1 felony with respect to 30 grams or more
6 of any substance containing pentazocine or any of the
7 salts, isomers and salts of isomers of pentazocine, or an
8 analog thereof;
9 (9) a Class 1 felony with respect to 30 grams or more
10 of any substance containing methaqualone or any of the
11 salts, isomers and salts of isomers of methaqualone, or an
12 analog thereof;
13 (10) a Class 1 felony with respect to 30 grams or more
14 of any substance containing phencyclidine or any of the
15 salts, isomers and salts of isomers of phencyclidine (PCP),
16 or an analog thereof;
17 (10.5) a Class 1 felony with respect to 30 grams or
18 more of any substance containing ketamine or any of the
19 salts, isomers and salts of isomers of ketamine, or an
20 analog thereof;
21 (10.6) a Class 1 felony with respect to 100 grams or
22 more of any substance containing hydrocodone, or any of the
23 salts, isomers and salts of isomers of hydrocodone, or an
24 analog thereof;
25 (10.7) a Class 1 felony with respect to 100 grams or
26 more of any substance containing dihydrocodeinone, or any

HB3235- 20 -LRB100 08746 RLC 21552 b
1 of the salts, isomers and salts of isomers of
2 dihydrocodeinone, or an analog thereof;
3 (10.8) a Class 1 felony with respect to 100 grams or
4 more of any substance containing dihydrocodeine, or any of
5 the salts, isomers and salts of isomers of dihydrocodeine,
6 or an analog thereof;
7 (10.9) a Class 1 felony with respect to 100 grams or
8 more of any substance containing oxycodone, or any of the
9 salts, isomers and salts of isomers of oxycodone, or an
10 analog thereof;
11 (11) a Class 1 felony with respect to 200 grams or more
12 of any substance containing any other controlled substance
13 classified in Schedules I or II, or an analog thereof,
14 which is not otherwise included in this subsection.
15 (b) Any person sentenced with respect to violations of
16paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
17involving 100 grams or more of the controlled substance named
18therein, may in addition to the penalties provided therein, be
19fined an amount not more than $500,000 or the full street value
20of the controlled or counterfeit substance or controlled
21substance analog, whichever is greater. The term "street value"
22shall have the meaning ascribed in Section 110-5 of the Code of
23Criminal Procedure of 1963. Any person sentenced with respect
24to any other provision of subsection (a), may in addition to
25the penalties provided therein, be fined an amount not to
26exceed $500,000.

HB3235- 21 -LRB100 08746 RLC 21552 b
1 (b-1) Excluding violations of this Act when the controlled
2substance is fentanyl, any person sentenced to a term of
3imprisonment with respect to violations of Section 401, 401.1,
4405, 405.1, 405.2, or 407, when it is proven that the person
5knew or should have known that the substance containing the
6controlled substance contained contains any amount of
7fentanyl, a term of imprisonment not to exceed 3 years may, at
8the discretion of the court, shall be added to the term of
9imprisonment imposed by the court, and the maximum sentence for
10the offense, if the additional term is imposed, shall be
11increased by that period of time not to exceed 3 years.
12 (c) Any person who violates this Section with regard to the
13following amounts of controlled or counterfeit substances or
14controlled substance analogs, notwithstanding any of the
15provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
16to the contrary, shall be sentenced for the class of offense as
17provided in this subsection (c) is guilty of a Class 1 felony.
18The fine for violation of this subsection (c) shall not be more
19than $250,000:
20 (1) a Class 3 felony with respect to 1 gram or more but
21 less than 15 grams of any substance containing heroin, or
22 an analog thereof;
23 (1.5) a Class 3 felony with respect to 1 gram or more
24 but less than 15 grams of any substance containing
25 fentanyl, or an analog thereof;
26 (2) a Class 3 felony with respect to 1 gram or more but

HB3235- 22 -LRB100 08746 RLC 21552 b
1 less than 15 grams of any substance containing cocaine, or
2 an analog thereof;
3 (3) a Class 3 felony with respect to 5 10 grams or more
4 but less than 15 grams of any substance containing
5 morphine, or an analog thereof;
6 (4) a Class 2 felony with respect to 50 grams or more
7 but less than 200 grams of any substance containing peyote,
8 or an analog thereof;
9 (4.5) a Class 3 felony with respect to 10 grams or more
10 but less than 50 grams of any substance containing peyote,
11 or an analog thereof;
12 (5) a Class 2 felony with respect to 50 grams or more
13 but less than 200 grams of any substance containing a
14 derivative of barbituric acid or any of the salts of a
15 derivative of barbituric acid, or an analog thereof;
16 (5.5) a Class 3 felony with respect to 10 grams or more
17 but less than 50 grams of any substance containing a
18 derivative of barbituric acid or any of the salts of a
19 derivative of barbituric acid, or an analog thereof;
20 (6) a Class 2 felony with respect to 50 grams or more
21 but less than 200 grams of any substance containing
22 amphetamine or any salt of an optical isomer of
23 amphetamine, or an analog thereof;
24 (6.1) a Class 3 felony with respect to 10 grams or more
25 but less than 50 grams of any substance containing
26 amphetamine or any salt of an optical isomer of

HB3235- 23 -LRB100 08746 RLC 21552 b
1 amphetamine, or an analog thereof;
2 (6.5) (blank);
3 (7) a Class 3 felony with respect to (i) 5 grams or
4 more but less than 15 grams of any substance containing
5 lysergic acid diethylamide (LSD), or an analog thereof, or
6 (ii) more than 10 objects or more than 10 segregated parts
7 of an object or objects but less than 15 objects or less
8 than 15 segregated parts of an object containing in them or
9 having upon them any amount of any substance containing
10 lysergic acid diethylamide (LSD), or an analog thereof;
11 (7.5) a Class 3 felony with respect to (i) 5 grams or
12 more but less than 15 grams of any substance listed in
13 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
14 (20.1), (21), (25), or (26) of subsection (d) of Section
15 204, or an analog or derivative thereof, or (ii) more than
16 10 pills, tablets, caplets, capsules, or objects but less
17 than 15 pills, tablets, caplets, capsules, or objects
18 containing in them or having upon them any amount of any
19 substance listed in paragraph (1), (2), (2.1), (2.2), (3),
20 (14.1), (19), (20), (20.1), (21), (25), or (26) of
21 subsection (d) of Section 204, or an analog or derivative
22 thereof;
23 (8) a Class 2 felony with respect to 10 grams or more
24 but less than 30 grams of any substance containing
25 pentazocine or any of the salts, isomers and salts of
26 isomers of pentazocine, or an analog thereof;

HB3235- 24 -LRB100 08746 RLC 21552 b
1 (8.5) a Class 3 felony with respect to 5 grams or more
2 but less than 10 grams of pentazocine, or an analog
3 thereof;
4 (9) a Class 2 felony with respect to 10 grams or more
5 but less than 30 grams of any substance containing
6 methaqualone or any of the salts, isomers and salts of
7 isomers of methaqualone, or an analog thereof;
8 (9.5) a Class 3 felony with respect to 5 grams or more
9 but less than 10 grams of any substance containing
10 methaqualone or any of the salts, isomers and salts of
11 isomers of methaqualone, or an analog thereof;
12 (10) a Class 2 felony with respect to 10 grams or more
13 but less than 30 grams of any substance containing
14 phencyclidine or any of the salts, isomers and salts of
15 isomers of phencyclidine (PCP), or an analog thereof;
16 (10.1) a Class 3 felony with respect to 1 gram or more
17 but less than 10 grams of any substance containing
18 phencyclidine or any of the salts, isomers and salts of
19 isomers of phencyclidine (PCP), or an analog thereof;
20 (10.5) a Class 2 felony with respect to 10 grams or
21 more but less than 30 grams of any substance containing
22 ketamine or any of the salts, isomers and salts of isomers
23 of ketamine, or an analog thereof;
24 (10.5-1) a Class 3 felony with respect to 1 gram or
25 more but less than 10 grams of any substance containing
26 ketamine or any of the salts, isomers and salts of isomers

HB3235- 25 -LRB100 08746 RLC 21552 b
1 of ketamine, or an analog thereof;
2 (10.6) a Class 2 felony with respect to 50 grams or
3 more but less than 100 grams of any substance containing
4 hydrocodone, or any of the salts, isomers and salts of
5 isomers of hydrocodone, or an analog thereof;
6 (10.6-1) a Class 3 felony with respect to 10 grams or
7 more but less than 50 grams of any substance containing
8 hydrocodone, or any of the salts, isomers and salts of
9 isomers of hydrocodone, or an analog thereof;
10 (10.7) a Class 2 felony with respect to 50 grams or
11 more but less than 100 grams of any substance containing
12 dihydrocodeinone, or any of the salts, isomers and salts of
13 isomers of dihydrocodeinone, or an analog thereof;
14 (10.7-1) a Class 3 felony with respect to 10 grams or
15 more but less than 50 grams of any substance containing
16 dihydrocodeinone, or any of the salts, isomers and salts of
17 isomers of dihydrocodeinone, or an analog thereof;
18 (10.8) a Class 2 felony with respect to 50 grams or
19 more but less than 100 grams of any substance containing
20 dihydrocodeine, or any of the salts, isomers and salts of
21 isomers of dihydrocodeine, or an analog thereof;
22 (10.8-1) a Class 3 felony with respect to 10 grams or
23 more but less than 50 grams of any substance containing
24 dihydrocodeine, or any of the salts, isomers and salts of
25 isomers of dihydrocodeine, or an analog thereof;
26 (10.9) a Class 2 felony with respect to 50 grams or

HB3235- 26 -LRB100 08746 RLC 21552 b
1 more but less than 100 grams of any substance containing
2 oxycodone, or any of the salts, isomers and salts of
3 isomers of oxycodone, or an analog thereof;
4 (10.9-1) a Class 3 felony with respect to 10 grams or
5 more but less than 50 grams of any substance containing
6 oxycodone, or any of the salts, isomers and salts of
7 isomers of oxycodone, or an analog thereof;
8 (11) a Class 2 felony with respect to 50 grams or more
9 but less than 200 grams of any substance containing a
10 substance classified in Schedules I or II, or an analog
11 thereof, which is not otherwise included in this subsection
12 (c).
13 (11.1) a Class 3 felony with respect to 10 grams or
14 more but less than 50 grams grams of any substance
15 containing a substance classified in Schedules I or II, or
16 an analog thereof, which is not otherwise included in this
17 subsection (c);
18 (c-5) (Blank).
19 (d) Any person who violates this Section with regard to any
20other amount of a controlled or counterfeit substance
21containing dihydrocodeinone or dihydrocodeine or classified in
22Schedules I or II, or an analog thereof, which is not otherwise
23included in subsection (a), (b), or (c), which is (i) a
24narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
25analog thereof, (iii) any substance containing amphetamine or
26fentanyl or any salt or optical isomer of amphetamine or

HB3235- 27 -LRB100 08746 RLC 21552 b
1fentanyl, or an analog thereof, or (iv) any substance
2containing N-Benzylpiperazine (BZP) or any salt or optical
3isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
4guilty of a Class 4 2 felony. The fine for violation of this
5subsection (d) shall not be more than $200,000.
6 (d-5) (Blank).
7 (e) (Blank). Any person who violates this Section with
8regard to any other amount of a controlled substance other than
9methamphetamine or counterfeit substance classified in
10Schedule I or II, or an analog thereof, which substance is not
11included under subsection (d) of this Section, is guilty of a
12Class 3 felony. The fine for violation of this subsection (e)
13shall not be more than $150,000.
14 (f) Any person who violates this Section with regard to 10
15grams or more any other amount of a controlled or counterfeit
16substance classified in Schedule III, which is not otherwise
17included in subsection (a), (b), or (c), is guilty of a Class 3
18felony. The fine for violation of this subsection (f) shall not
19be more than $125,000.
20 (f-1) Any person who violates this Section with regard to
21any other amount of a controlled or counterfeit substance
22classified in Schedule III which is not otherwise included in
23subsection (a), (b), or (c), is guilty of a Class 4 felony.
24 (g) Any person who violates this Section with regard to 10
25grams or more any other amount of a controlled or counterfeit
26substance classified in Schedule IV is guilty of a Class 3

HB3235- 28 -LRB100 08746 RLC 21552 b
1felony. The fine for violation of this subsection (g) shall not
2be more than $100,000.
3 (g-1) Any person who violates this Section with regard to
4any other amount of a controlled or counterfeit substance
5classified in Schedule IV which is not otherwise included in
6subsection (a), (b), or (c), is guilty of a Class 4 felony.
7 (h) Any person who violates this Section with regard to 10
8grams or more any other amount of a controlled or counterfeit
9substance classified in Schedule V, which is not otherwise
10included in subsection (a), (b), or (c), is guilty of a Class 3
11felony. The fine for violation of this subsection (h) shall not
12be more than $75,000.
13 (h-1) Any person who violates this Section with regard to
14any other amount of a controlled or counterfeit substance
15classified in Schedule V, which is not otherwise included in
16subsection (a), (b), or (c), is guilty of a Class 4 felony.
17 (i) This Section does not apply to the manufacture,
18possession or distribution of a substance in conformance with
19the provisions of an approved new drug application or an
20exemption for investigational use within the meaning of Section
21505 of the Federal Food, Drug and Cosmetic Act.
22 (j) (Blank).
23(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)
24 (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
25 Sec. 401.1. Controlled Substance Trafficking.

HB3235- 29 -LRB100 08746 RLC 21552 b
1 (a) Except for purposes as authorized by this Act, any
2person who knowingly brings or causes to be brought into this
3State 400 grams or more of a controlled substance or 600 or
4more objects or 600 or more segregated parts of an object or
5objects containing in them or having upon them any amounts of
6any substance containing lysergic acid diethylamide (LSD), or
7an analog thereof or 600 or more pills, tablets, caplets,
8capsules, or objects containing in them or having upon them any
9amount of any substance listed in paragraph (1), (2), (2.1),
10(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
11subsection (d) of Section 204, or an analog or derivative
12thereof for the purpose of manufacture or delivery or with the
13intent to manufacture or deliver a controlled substance other
14than methamphetamine or counterfeit substance in this or any
15other state or country is guilty of controlled substance
16trafficking.
17 (b) Except as otherwise provided in subsection (b-5) of
18this Section, a A person convicted of controlled substance
19trafficking shall be sentenced for the class of an offense that
20is one class higher than the amount authorized by Section 401
21of this Act for the manufacture or delivery, or possession with
22intent to manufacture or deliver, based upon the amount of
23controlled or counterfeit substance brought or caused to be
24brought into this State. If the sentence for the underlying
25offense under Section 401 of this Act is a Class 1 felony for
26which the offender may be sentenced to a term of imprisonment

HB3235- 30 -LRB100 08746 RLC 21552 b
1of not less than 6 years and not more than 30 years, the
2penalty for controlled substance trafficking is a Class 1
3felony for which the person may be sentenced to a term of
4imprisonment of not less 9 years and not more than 40 years to
5a term of imprisonment not less than twice the minimum term and
6fined an amount as authorized by Section 401 of this Act, based
7upon the amount of controlled or counterfeit substance brought
8or caused to be brought into this State, and not more than
9twice the maximum term of imprisonment and fined twice the
10amount as authorized by Section 401 of this Act, based upon the
11amount of controlled or counterfeit substance brought or caused
12to be brought into this State.
13 (b-5) A person convicted of controlled substance
14trafficking shall be sentenced as authorized by Section 401 of
15this Act, based upon the amount of the controlled or
16counterfeit substance brought or caused to be brought into this
17State, if the person at sentencing proves by a preponderance of
18the evidence that he or she:
19 (1) received little or no compensation from the illegal
20 transport of the substance into this State and had minimal
21 knowledge of the scope and structure of the enterprise to
22 manufacture or deliver the illegal substance transported;
23 or
24 (2) was not involved in the organization or planning of
25 the enterprise to manufacture or deliver the illegal
26 substance transported.

HB3235- 31 -LRB100 08746 RLC 21552 b
1 (c) (Blank) It shall be a Class 2 felony for which a fine
2not to exceed $100,000 may be imposed for any person to
3knowingly use a cellular radio telecommunication device in the
4furtherance of controlled substance trafficking. This penalty
5shall be in addition to any other penalties imposed by law.
6(Source: P.A. 94-556, eff. 9-11-05.)
7 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
8 Sec. 402. Except as otherwise authorized by this Act, it is
9unlawful for any person knowingly to possess a controlled or
10counterfeit substance or controlled substance analog. A
11violation of this Act with respect to each of the controlled
12substances listed herein constitutes a single and separate
13violation of this Act. For purposes of this Section,
14"controlled substance analog" or "analog" means a substance,
15other than a controlled substance, that has a chemical
16structure substantially similar to that of a controlled
17substance in Schedule I or II, or that was specifically
18designed to produce an effect substantially similar to that of
19a controlled substance in Schedule I or II. Examples of
20chemical classes in which controlled substance analogs are
21found include, but are not limited to, the following:
22phenethylamines, N-substituted piperidines, morphinans,
23ecgonines, quinazolinones, substituted indoles, and
24arylcycloalkylamines. For purposes of this Act, a controlled
25substance analog shall be treated in the same manner as the

HB3235- 32 -LRB100 08746 RLC 21552 b
1controlled substance to which it is substantially similar.
2 (a) Any person who violates this Section with respect to
3the following controlled or counterfeit substances and
4amounts, notwithstanding any of the provisions of subsections
5(c) and (d) to the contrary, is guilty of a Class 1 felony and
6shall, if sentenced to a term of imprisonment, be sentenced for
7the class of offense as provided in this subsection (a) and
8fined as provided in subsection (b):
9 (1) (A) a Class 3 felony not less than 4 years and not
10 more than 15 years with respect to 15 grams or more but
11 less than 100 grams of a substance containing heroin;
12 (B) a Class 2 felony not less than 6 years and not
13 more than 30 years with respect to 100 grams or more
14 but less than 400 grams of a substance containing
15 heroin;
16 (C) a Class 1 felony not less than 8 years and not
17 more than 40 years with respect to 400 grams or more
18 but less than 900 grams of any substance containing
19 heroin;
20 (D) (blank) not less than 10 years and not more
21 than 50 years with respect to 900 grams or more of any
22 substance containing heroin;
23 (2) (A) a Class 3 felony not less than 4 years and not
24 more than 15 years with respect to 15 grams or more but
25 less than 100 grams of any substance containing
26 cocaine;

HB3235- 33 -LRB100 08746 RLC 21552 b
1 (B) a Class 2 felony not less than 6 years and not
2 more than 30 years with respect to 100 grams or more
3 but less than 400 grams of any substance containing
4 cocaine;
5 (C) a Class 1 felony not less than 8 years and not
6 more than 40 years with respect to 400 grams or more
7 but less than 900 grams of any substance containing
8 cocaine;
9 (D) (blank) not less than 10 years and not more
10 than 50 years with respect to 900 grams or more of any
11 substance containing cocaine;
12 (3) (A) a Class 3 felony not less than 4 years and not
13 more than 15 years with respect to 15 grams or more but
14 less than 100 grams of any substance containing
15 morphine;
16 (B) a Class 2 felony not less than 6 years and not
17 more than 30 years with respect to 100 grams or more
18 but less than 400 grams of any substance containing
19 morphine;
20 (C) a Class 1 felony not less than 6 years and not
21 more than 40 years with respect to 400 grams or more
22 but less than 900 grams of any substance containing
23 morphine;
24 (D) (blank) not less than 10 years and not more
25 than 50 years with respect to 900 grams or more of any
26 substance containing morphine;

HB3235- 34 -LRB100 08746 RLC 21552 b
1 (4) a Class 2 felony with respect to 200 grams or more
2 of any substance containing peyote;
3 (5) a Class 2 felony with respect to 200 grams or more
4 of any substance containing a derivative of barbituric acid
5 or any of the salts of a derivative of barbituric acid;
6 (6) a Class 2 felony with respect to 200 grams or more
7 of any substance containing amphetamine or any salt of an
8 optical isomer of amphetamine;
9 (6.5) (blank);
10 (7) (A) a Class 3 felony not less than 4 years and not
11 more than 15 years with respect to: (i) 15 grams or
12 more but less than 100 grams of any substance
13 containing lysergic acid diethylamide (LSD), or an
14 analog thereof, or (ii) 15 or more objects or 15 or
15 more segregated parts of an object or objects but less
16 than 200 objects or 200 segregated parts of an object
17 or objects containing in them or having upon them any
18 amount of any substance containing lysergic acid
19 diethylamide (LSD), or an analog thereof;
20 (B) a Class 2 felony not less than 6 years and not
21 more than 30 years with respect to: (i) 100 grams or
22 more but less than 400 grams of any substance
23 containing lysergic acid diethylamide (LSD), or an
24 analog thereof, or (ii) 200 or more objects or 200 or
25 more segregated parts of an object or objects but less
26 than 600 objects or less than 600 segregated parts of

HB3235- 35 -LRB100 08746 RLC 21552 b
1 an object or objects containing in them or having upon
2 them any amount of any substance containing lysergic
3 acid diethylamide (LSD), or an analog thereof;
4 (C) a Class 1 felony not less than 8 years and not
5 more than 40 years with respect to: (i) 400 grams or
6 more but less than 900 grams of any substance
7 containing lysergic acid diethylamide (LSD), or an
8 analog thereof, or (ii) 600 or more objects or 600 or
9 more segregated parts of an object or objects but less
10 than 1500 objects or 1500 segregated parts of an object
11 or objects containing in them or having upon them any
12 amount of any substance containing lysergic acid
13 diethylamide (LSD), or an analog thereof;
14 (D) (blank) not less than 10 years and not more
15 than 50 years with respect to: (i) 900 grams or more of
16 any substance containing lysergic acid diethylamide
17 (LSD), or an analog thereof, or (ii) 1500 or more
18 objects or 1500 or more segregated parts of an object
19 or objects containing in them or having upon them any
20 amount of a substance containing lysergic acid
21 diethylamide (LSD), or an analog thereof;
22 (7.5) (A) a Class 3 felony not less than 4 years and
23 not more than 15 years with respect to: (i) 15 grams or
24 more but less than 100 grams of any substance listed in
25 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
26 (20), (20.1), (21), (25), or (26) of subsection (d) of

HB3235- 36 -LRB100 08746 RLC 21552 b
1 Section 204, or an analog or derivative thereof, or
2 (ii) 15 or more pills, tablets, caplets, capsules, or
3 objects but less than 200 pills, tablets, caplets,
4 capsules, or objects containing in them or having upon
5 them any amount of any substance listed in paragraph
6 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7 (20.1), (21), (25), or (26) of subsection (d) of
8 Section 204, or an analog or derivative thereof;
9 (B) a Class 2 felony not less than 6 years and not
10 more than 30 years with respect to: (i) 100 grams or
11 more but less than 400 grams of any substance listed in
12 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
13 (20), (20.1), (21), (25), or (26) of subsection (d) of
14 Section 204, or an analog or derivative thereof, or
15 (ii) 200 or more pills, tablets, caplets, capsules, or
16 objects but less than 600 pills, tablets, caplets,
17 capsules, or objects containing in them or having upon
18 them any amount of any substance listed in paragraph
19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
20 (20.1), (21), (25), or (26) of subsection (d) of
21 Section 204, or an analog or derivative thereof;
22 (C) a Class 1 felony not less than 8 years and not
23 more than 40 years with respect to: (i) 400 grams or
24 more but less than 900 grams of any substance listed in
25 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
26 (20), (20.1), (21), (25), or (26) of subsection (d) of

HB3235- 37 -LRB100 08746 RLC 21552 b
1 Section 204, or an analog or derivative thereof, or
2 (ii) 600 or more pills, tablets, caplets, capsules, or
3 objects but less than 1,500 pills, tablets, caplets,
4 capsules, or objects containing in them or having upon
5 them any amount of any substance listed in paragraph
6 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7 (20.1), (21), (25), or (26) of subsection (d) of
8 Section 204, or an analog or derivative thereof;
9 (D) (blank) not less than 10 years and not more
10 than 50 years with respect to: (i) 900 grams or more of
11 any substance listed in paragraph (1), (2), (2.1),
12 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
13 (26) of subsection (d) of Section 204, or an analog or
14 derivative thereof, or (ii) 1,500 or more pills,
15 tablets, caplets, capsules, or objects containing in
16 them or having upon them any amount of a substance
17 listed in paragraph (1), (2), (2.1), (2.2), (3),
18 (14.1), (19), (20), (20.1), (21), (25), or (26) of
19 subsection (d) of Section 204, or an analog or
20 derivative thereof;
21 (8) a Class 2 felony with respect to 30 grams or more
22 of any substance containing pentazocine or any of the
23 salts, isomers and salts of isomers of pentazocine, or an
24 analog thereof;
25 (9) a Class 2 felony with respect to 30 grams or more
26 of any substance containing methaqualone or any of the

HB3235- 38 -LRB100 08746 RLC 21552 b
1 salts, isomers and salts of isomers of methaqualone;
2 (10) a Class 2 felony with respect to 30 grams or more
3 of any substance containing phencyclidine or any of the
4 salts, isomers and salts of isomers of phencyclidine (PCP);
5 (10.5) a Class 2 felony with respect to 30 grams or
6 more of any substance containing ketamine or any of the
7 salts, isomers and salts of isomers of ketamine;
8 (11) a Class 2 felony with respect to 200 grams or more
9 of any substance containing any substance classified as a
10 narcotic drug in Schedules I or II, or an analog thereof,
11 which is not otherwise included in this subsection.
12 (b) Any person sentenced with respect to violations of
13paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
14involving 100 grams or more of the controlled substance named
15therein, may in addition to the penalties provided therein, be
16fined an amount not to exceed $200,000 or the full street value
17of the controlled or counterfeit substances, whichever is
18greater. The term "street value" shall have the meaning
19ascribed in Section 110-5 of the Code of Criminal Procedure of
201963. Any person sentenced with respect to any other provision
21of subsection (a), may in addition to the penalties provided
22therein, be fined an amount not to exceed $200,000.
23 (c) Any person who violates this Section with regard to an
24amount of a controlled substance other than methamphetamine or
25counterfeit substance not set forth in subsection (a) or (d) is
26guilty of a Class A misdemeanor. Any person who violates this

HB3235- 39 -LRB100 08746 RLC 21552 b
1Section with regard to one gram or more and less than the
2minimum amount of a controlled substance specified in
3paragraphs (1) through (11) of subsection (a) or one gram or
4more of a controlled substance other than methamphetamine or
5counterfeit substance not set forth in subsection (a) or (d) is
6guilty of a Class 4 felony. The fine for a violation punishable
7under this subsection (c) shall not be more than $25,000.
8 (d) Any person who violates this Section with regard to any
9amount of anabolic steroid is guilty of a Class C misdemeanor
10for the first offense and a Class B misdemeanor for a
11subsequent offense committed within 2 years of a prior
12conviction.
13(Source: P.A. 99-371, eff. 1-1-16.)
14 (720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
15 Sec. 404. (a) For the purposes of this Section:
16 (1) "Advertise" means the attempt, by publication,
17 dissemination, solicitation or circulation, to induce
18 directly or indirectly any person to acquire, or enter into
19 an obligation to acquire, any substance within the scope of
20 this Section.
21 (2) "Distribute" has the meaning ascribed to it in
22 subsection (s) of Section 102 of this Act but as relates to
23 look-alike substances.
24 (3) "Manufacture" means the producing, preparing,
25 compounding, processing, encapsulating, packaging,

HB3235- 40 -LRB100 08746 RLC 21552 b
1 repackaging, labeling or relabeling of a look-alike
2 substance.
3 (b) It is unlawful for any person knowingly to manufacture,
4distribute, advertise, or possess with intent to manufacture or
5distribute a look-alike substance. Any person who violates this
6subsection (b) shall be guilty of a Class 4 3 felony, the fine
7for which shall not exceed $150,000.
8 (c) (Blank) It is unlawful for any person knowingly to
9possess a look-alike substance. Any person who violates this
10subsection (c) is guilty of a petty offense. Any person
11convicted of a subsequent offense under this subsection (c)
12shall be guilty of a Class C misdemeanor.
13 (d) In any prosecution brought under this Section, it is
14not a defense to a violation of this Section that the defendant
15believed the look-alike substance actually to be a controlled
16substance.
17 (e) Nothing in this Section applies to:
18 (1) The manufacture, processing, packaging,
19 distribution or sale of noncontrolled substances to
20 licensed medical practitioners for use as placebos in
21 professional practice or research.
22 (2) Persons acting in the course and legitimate scope
23 of their employment as law enforcement officers.
24 (3) The retention of production samples of
25 noncontrolled substances produced prior to the effective
26 date of this amendatory Act of 1982, where such samples are

HB3235- 41 -LRB100 08746 RLC 21552 b
1 required by federal law.
2 (f) Nothing in this Section or in this Act applies to the
3lawful manufacture, processing, packaging, advertising or
4distribution of a drug or drugs by any person registered
5pursuant to Section 510 of the Federal Food, Drug, and Cosmetic
6Act (21 U.S.C. 360).
7(Source: P.A. 83-1362.)
8 (720 ILCS 570/405.2)
9 Sec. 405.2. Streetgang criminal drug conspiracy.
10 (a) Any person who engages in a streetgang criminal drug
11conspiracy, as defined in this Section, is guilty of an offense
12that is one class higher than the underlying offense under
13subsection (a) or (c) of Section 401 of this Act or under the
14Methamphetamine Control and Community Protection Act except
15Section 60 of that Act. If the sentence for the underlying
16offense is a term of imprisonment of not less than 6 years and
17not more than 30 years, the penalty for streetgang criminal
18drug conspiracy is a Class 1 felony for which the person may be
19sentenced to a term of imprisonment of not less 9 years and not
20more than 40 years. a Class X felony for which the offender
21shall be sentenced to a term of imprisonment as follows:
22 (1)(blank) not less than 15 years and not more than 60
23 years for a violation of subsection (a) of Section 401;
24 (2) (blank) not less than 10 years and not more than 30
25 years for a violation of subsection (c) of Section 401.

HB3235- 42 -LRB100 08746 RLC 21552 b
1 For the purposes of this Section, a person engages in a
2streetgang criminal drug conspiracy when:
3 (i) he or she violates any of the provisions of
4 subsection (a) or (c) of Section 401 of this Act or any
5 provision of the Methamphetamine Control and Community
6 Protection Act except Section 60 of that Act; and
7 (ii) such violation is part of a conspiracy undertaken
8 or carried out with 2 or more other persons; and
9 (iii) such conspiracy is in furtherance of the
10 activities of an organized gang as defined in the Illinois
11 Streetgang Terrorism Omnibus Prevention Act; and
12 (iv) he or she occupies a position of organizer, a
13 supervising person, or any other position of management
14 with those persons identified in clause (ii) of this
15 subsection (a).
16 The fine for a violation of this Section shall not be more
17than $500,000, and the offender shall be subject to the
18forfeitures prescribed in subsection (b).
19 (b) Subject to the provisions of Section 8 of the Drug
20Asset Forfeiture Procedure Act, any person who is convicted
21under this Section of engaging in a streetgang criminal drug
22conspiracy shall forfeit to the State of Illinois:
23 (1) the receipts obtained by him or her in such
24 conspiracy; and
25 (2) any of his or her interests in, claims against,
26 receipts from, or property or rights of any kind affording

HB3235- 43 -LRB100 08746 RLC 21552 b
1 a source of influence over, such conspiracy.
2 (c) The circuit court may enter such injunctions,
3restraining orders, directions or prohibitions, or may take
4such other actions, including the acceptance of satisfactory
5performance bonds, in connection with any property, claim,
6receipt, right or other interest subject to forfeiture under
7this Section, as it deems proper.
8(Source: P.A. 94-556, eff. 9-11-05.)
9 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
10 Sec. 407. (a) (1)(A) Any person 18 years of age or over who
11violates any subsection of Section 401 or subsection (b) of
12Section 404 by delivering a controlled, counterfeit or
13look-alike substance to a person under 18 years of age may, at
14the discretion of the court, be sentenced to a maximum term of
15imprisonment that is equal to the maximum term of imprisonment
16for the underlying offense plus the minimum term of
17imprisonment for the underlying offense may be sentenced to
18imprisonment for a term up to twice the maximum term and fined
19an amount up to twice that amount otherwise authorized by the
20pertinent subsection of Section 401 and Subsection (b) of
21Section 404.
22 (B) (Blank).
23 (2) (Blank). Except as provided in paragraph (3) of this
24subsection, any person who violates:
25 (A) subsection (c) of Section 401 by delivering or

HB3235- 44 -LRB100 08746 RLC 21552 b
1 possessing with intent to deliver a controlled,
2 counterfeit, or look-alike substance in or on, or within
3 1,000 feet of, a truck stop or safety rest area, is guilty
4 of a Class 1 felony, the fine for which shall not exceed
5 $250,000;
6 (B) subsection (d) of Section 401 by delivering or
7 possessing with intent to deliver a controlled,
8 counterfeit, or look-alike substance in or on, or within
9 1,000 feet of, a truck stop or safety rest area, is guilty
10 of a Class 2 felony, the fine for which shall not exceed
11 $200,000;
12 (C) subsection (e) of Section 401 or subsection (b) of
13 Section 404 by delivering or possessing with intent to
14 deliver a controlled, counterfeit, or look-alike substance
15 in or on, or within 1,000 feet of, a truck stop or safety
16 rest area, is guilty of a Class 3 felony, the fine for
17 which shall not exceed $150,000;
18 (D) subsection (f) of Section 401 by delivering or
19 possessing with intent to deliver a controlled,
20 counterfeit, or look-alike substance in or on, or within
21 1,000 feet of, a truck stop or safety rest area, is guilty
22 of a Class 3 felony, the fine for which shall not exceed
23 $125,000;
24 (E) subsection (g) of Section 401 by delivering or
25 possessing with intent to deliver a controlled,
26 counterfeit, or look-alike substance in or on, or within

HB3235- 45 -LRB100 08746 RLC 21552 b
1 1,000 feet of, a truck stop or safety rest area, is guilty
2 of a Class 3 felony, the fine for which shall not exceed
3 $100,000;
4 (F) subsection (h) of Section 401 by delivering or
5 possessing with intent to deliver a controlled,
6 counterfeit, or look-alike substance in or on, or within
7 1,000 feet of, a truck stop or safety rest area, is guilty
8 of a Class 3 felony, the fine for which shall not exceed
9 $75,000;
10 (3) (Blank). Any person who violates paragraph (2) of this
11subsection (a) by delivering or possessing with intent to
12deliver a controlled, counterfeit, or look-alike substance in
13or on, or within 1,000 feet of a truck stop or a safety rest
14area, following a prior conviction or convictions of paragraph
15(2) of this subsection (a) may be sentenced to a term of
16imprisonment up to 2 times the maximum term and fined an amount
17up to 2 times the amount otherwise authorized by Section 401.
18 (4) (Blank). For the purposes of this subsection (a):
19 (A) "Safety rest area" means a roadside facility
20 removed from the roadway with parking and facilities
21 designed for motorists' rest, comfort, and information
22 needs; and
23 (B) "Truck stop" means any facility (and its parking
24 areas) used to provide fuel or service, or both, to any
25 commercial motor vehicle as defined in Section 18b-101 of
26 the Illinois Vehicle Code.

HB3235- 46 -LRB100 08746 RLC 21552 b
1 (b) Any person who violates any subsection of Section 401
2or subsection (b) of Section 404 in any school, or any
3conveyance owned, leased or contracted by a school to transport
4students to or from school or a school-related activity, or
5public park, on the real property comprising any school, or
6within 500 feet of the real property comprising any school,
7while persons under 18 years of age are present, during school
8hours, or at times when persons under 18 years of age are
9reasonably expected to be present, shall be sentenced to a
10class of offense that is one class higher than the sentence
11otherwise authorized by the pertinent subsection of Section 401
12or subsection (b) of Section 404. If the sentence otherwise
13authorized by the pertinent subsection of Section 401 or
14subsection (b) of Section 404 is a Class 1 felony for which the
15person may be sentenced to a term of imprisonment of not less
16than 4 years and not more than 15 years, the penalty for an
17offense under this Section is a Class 1 felony for which the
18person may be sentenced to a term of imprisonment of not less
19than 6 years and not more than 30 years. If the sentence
20otherwise authorized by the pertinent subsection of Section 401
21or subsection (b) of Section 404 is a Class 1 felony for which
22the person may be sentenced to a term of imprisonment of not
23less than 6 years and not more than 30 years, the penalty for
24an offense under this Section is a Class 1 felony for which the
25person may be sentenced to a term of imprisonment of not less
26than 9 years and not more than 40 years. :

HB3235- 47 -LRB100 08746 RLC 21552 b
1 (1) subsection (c) of Section 401 in any school, or any
2 conveyance owned, leased or contracted by a school to
3 transport students to or from school or a school related
4 activity, or residential property owned, operated or
5 managed by a public housing agency or leased by a public
6 housing agency as part of a scattered site or mixed-income
7 development, or public park, on the real property
8 comprising any school or residential property owned,
9 operated or managed by a public housing agency or leased by
10 a public housing agency as part of a scattered site or
11 mixed-income development, or public park or within 1,000
12 feet of the real property comprising any school or
13 residential property owned, operated or managed by a public
14 housing agency or leased by a public housing agency as part
15 of a scattered site or mixed-income development, or public
16 park, on the real property comprising any church,
17 synagogue, or other building, structure, or place used
18 primarily for religious worship, or within 1,000 feet of
19 the real property comprising any church, synagogue, or
20 other building, structure, or place used primarily for
21 religious worship, on the real property comprising any of
22 the following places, buildings, or structures used
23 primarily for housing or providing space for activities for
24 senior citizens: nursing homes, assisted-living centers,
25 senior citizen housing complexes, or senior centers
26 oriented toward daytime activities, or within 1,000 feet of

HB3235- 48 -LRB100 08746 RLC 21552 b
1 the real property comprising any of the following places,
2 buildings, or structures used primarily for housing or
3 providing space for activities for senior citizens:
4 nursing homes, assisted-living centers, senior citizen
5 housing complexes, or senior centers oriented toward
6 daytime activities is guilty of a Class X felony, the fine
7 for which shall not exceed $500,000;
8 (2) subsection (d) of Section 401 in any school, or any
9 conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated or
12 managed by a public housing agency or leased by a public
13 housing agency as part of a scattered site or mixed-income
14 development, or public park, on the real property
15 comprising any school or residential property owned,
16 operated or managed by a public housing agency or leased by
17 a public housing agency as part of a scattered site or
18 mixed-income development, or public park or within 1,000
19 feet of the real property comprising any school or
20 residential property owned, operated or managed by a public
21 housing agency or leased by a public housing agency as part
22 of a scattered site or mixed-income development, or public
23 park, on the real property comprising any church,
24 synagogue, or other building, structure, or place used
25 primarily for religious worship, or within 1,000 feet of
26 the real property comprising any church, synagogue, or

HB3235- 49 -LRB100 08746 RLC 21552 b
1 other building, structure, or place used primarily for
2 religious worship, on the real property comprising any of
3 the following places, buildings, or structures used
4 primarily for housing or providing space for activities for
5 senior citizens: nursing homes, assisted-living centers,
6 senior citizen housing complexes, or senior centers
7 oriented toward daytime activities, or within 1,000 feet of
8 the real property comprising any of the following places,
9 buildings, or structures used primarily for housing or
10 providing space for activities for senior citizens:
11 nursing homes, assisted-living centers, senior citizen
12 housing complexes, or senior centers oriented toward
13 daytime activities is guilty of a Class 1 felony, the fine
14 for which shall not exceed $250,000;
15 (3) subsection (e) of Section 401 or Subsection (b) of
16 Section 404 in any school, or any conveyance owned, leased
17 or contracted by a school to transport students to or from
18 school or a school related activity, or residential
19 property owned, operated or managed by a public housing
20 agency or leased by a public housing agency as part of a
21 scattered site or mixed-income development, or public
22 park, on the real property comprising any school or
23 residential property owned, operated or managed by a public
24 housing agency or leased by a public housing agency as part
25 of a scattered site or mixed-income development, or public
26 park or within 1,000 feet of the real property comprising

HB3235- 50 -LRB100 08746 RLC 21552 b
1 any school or residential property owned, operated or
2 managed by a public housing agency or leased by a public
3 housing agency as part of a scattered site or mixed-income
4 development, or public park, on the real property
5 comprising any church, synagogue, or other building,
6 structure, or place used primarily for religious worship,
7 or within 1,000 feet of the real property comprising any
8 church, synagogue, or other building, structure, or place
9 used primarily for religious worship, on the real property
10 comprising any of the following places, buildings, or
11 structures used primarily for housing or providing space
12 for activities for senior citizens: nursing homes,
13 assisted-living centers, senior citizen housing complexes,
14 or senior centers oriented toward daytime activities, or
15 within 1,000 feet of the real property comprising any of
16 the following places, buildings, or structures used
17 primarily for housing or providing space for activities for
18 senior citizens: nursing homes, assisted-living centers,
19 senior citizen housing complexes, or senior centers
20 oriented toward daytime activities is guilty of a Class 2
21 felony, the fine for which shall not exceed $200,000;
22 (4) subsection (f) of Section 401 in any school, or any
23 conveyance owned, leased or contracted by a school to
24 transport students to or from school or a school related
25 activity, or residential property owned, operated or
26 managed by a public housing agency or leased by a public

HB3235- 51 -LRB100 08746 RLC 21552 b
1 housing agency as part of a scattered site or mixed-income
2 development, or public park, on the real property
3 comprising any school or residential property owned,
4 operated or managed by a public housing agency or leased by
5 a public housing agency as part of a scattered site or
6 mixed-income development, or public park or within 1,000
7 feet of the real property comprising any school or
8 residential property owned, operated or managed by a public
9 housing agency or leased by a public housing agency as part
10 of a scattered site or mixed-income development, or public
11 park, on the real property comprising any church,
12 synagogue, or other building, structure, or place used
13 primarily for religious worship, or within 1,000 feet of
14 the real property comprising any church, synagogue, or
15 other building, structure, or place used primarily for
16 religious worship, on the real property comprising any of
17 the following places, buildings, or structures used
18 primarily for housing or providing space for activities for
19 senior citizens: nursing homes, assisted-living centers,
20 senior citizen housing complexes, or senior centers
21 oriented toward daytime activities, or within 1,000 feet of
22 the real property comprising any of the following places,
23 buildings, or structures used primarily for housing or
24 providing space for activities for senior citizens:
25 nursing homes, assisted-living centers, senior citizen
26 housing complexes, or senior centers oriented toward

HB3235- 52 -LRB100 08746 RLC 21552 b
1 daytime activities is guilty of a Class 2 felony, the fine
2 for which shall not exceed $150,000;
3 (5) subsection (g) of Section 401 in any school, or any
4 conveyance owned, leased or contracted by a school to
5 transport students to or from school or a school related
6 activity, or residential property owned, operated or
7 managed by a public housing agency or leased by a public
8 housing agency as part of a scattered site or mixed-income
9 development, or public park, on the real property
10 comprising any school or residential property owned,
11 operated or managed by a public housing agency or leased by
12 a public housing agency as part of a scattered site or
13 mixed-income development, or public park or within 1,000
14 feet of the real property comprising any school or
15 residential property owned, operated or managed by a public
16 housing agency or leased by a public housing agency as part
17 of a scattered site or mixed-income development, or public
18 park, on the real property comprising any church,
19 synagogue, or other building, structure, or place used
20 primarily for religious worship, or within 1,000 feet of
21 the real property comprising any church, synagogue, or
22 other building, structure, or place used primarily for
23 religious worship, on the real property comprising any of
24 the following places, buildings, or structures used
25 primarily for housing or providing space for activities for
26 senior citizens: nursing homes, assisted-living centers,

HB3235- 53 -LRB100 08746 RLC 21552 b
1 senior citizen housing complexes, or senior centers
2 oriented toward daytime activities, or within 1,000 feet of
3 the real property comprising any of the following places,
4 buildings, or structures used primarily for housing or
5 providing space for activities for senior citizens:
6 nursing homes, assisted-living centers, senior citizen
7 housing complexes, or senior centers oriented toward
8 daytime activities is guilty of a Class 2 felony, the fine
9 for which shall not exceed $125,000;
10 (6) subsection (h) of Section 401 in any school, or any
11 conveyance owned, leased or contracted by a school to
12 transport students to or from school or a school related
13 activity, or residential property owned, operated or
14 managed by a public housing agency or leased by a public
15 housing agency as part of a scattered site or mixed-income
16 development, or public park, on the real property
17 comprising any school or residential property owned,
18 operated or managed by a public housing agency or leased by
19 a public housing agency as part of a scattered site or
20 mixed-income development, or public park or within 1,000
21 feet of the real property comprising any school or
22 residential property owned, operated or managed by a public
23 housing agency or leased by a public housing agency as part
24 of a scattered site or mixed-income development, or public
25 park, on the real property comprising any church,
26 synagogue, or other building, structure, or place used

HB3235- 54 -LRB100 08746 RLC 21552 b
1 primarily for religious worship, or within 1,000 feet of
2 the real property comprising any church, synagogue, or
3 other building, structure, or place used primarily for
4 religious worship, on the real property comprising any of
5 the following places, buildings, or structures used
6 primarily for housing or providing space for activities for
7 senior citizens: nursing homes, assisted-living centers,
8 senior citizen housing complexes, or senior centers
9 oriented toward daytime activities, or within 1,000 feet of
10 the real property comprising any of the following places,
11 buildings, or structures used primarily for housing or
12 providing space for activities for senior citizens:
13 nursing homes, assisted-living centers, senior citizen
14 housing complexes, or senior centers oriented toward
15 daytime activities is guilty of a Class 2 felony, the fine
16 for which shall not exceed $100,000.
17 (c) (Blank) Regarding penalties prescribed in subsection
18(b) for violations committed in a school or on or within 1,000
19feet of school property, the time of day, time of year and
20whether classes were currently in session at the time of the
21offense is irrelevant.
22(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
23 (720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
24 Sec. 407.1. Any person 18 years of age or over who violates
25any subsection of Section 401 or , Section 404 or Section 405

HB3235- 55 -LRB100 08746 RLC 21552 b
1by using, engaging or employing a person under 18 years of age
2to deliver a controlled, counterfeit or look-alike substance
3may, at the discretion of the court, be sentenced to a maximum
4term of imprisonment that is equal to the maximum term of
5imprisonment for the underlying offense plus the minimum term
6of imprisonment for the underlying offense for a term up to
7three times the maximum amount authorized by the pertinent
8subsection of Section 401, Section 404 or Section 405.
9(Source: P.A. 91-297, eff. 1-1-00.)
10 (720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
11 Sec. 407.2. Delivery of a controlled substance to a
12pregnant woman.
13 (a) Any person who violates any subsection (a) of Section
14401 of this Act by delivering a controlled substance to a woman
15he knows to be pregnant may, at the discretion of the court, be
16sentenced to a maximum term of imprisonment that is equal to
17the maximum term of imprisonment for the underlying offense
18plus the minimum term of imprisonment for the underlying
19offense a term twice the maximum amount authorized by Section
20401 of this Act.
21 (b) (Blank). Any person who delivers an amount of a
22controlled substance set forth in subsections (c) and (d) of
23Section 401 of this Act to a woman he knows to be pregnant
24commits a Class 1 felony. The fine for a violation of this
25subsection (b) shall not be more than $250,000.

HB3235- 56 -LRB100 08746 RLC 21552 b
1(Source: P.A. 86-1459; 87-754.)
2 (720 ILCS 570/405 rep.)
3 (720 ILCS 570/405.1 rep.)
4 (720 ILCS 570/408 rep.)
5 Section 20. The Illinois Controlled Substances Act is
6amended by repealing Sections 405, 405.1, and 408.
7 Section 21. The Drug Paraphernalia Control Act is amended
8by changing Section 3.5 as follows:
9 (720 ILCS 600/3.5)
10 Sec. 3.5. Possession of drug paraphernalia.
11 (a) A person who knowingly possesses an item of drug
12paraphernalia with the intent to use it in ingesting, inhaling,
13or otherwise introducing cannabis or a controlled substance
14into the human body, or in preparing cannabis or a controlled
15substance for that use, is guilty of a Class A misdemeanor for
16which the court shall impose a minimum fine of $750 in addition
17to any other penalty prescribed for a Class A misdemeanor. This
18subsection (a) does not apply to a person who is legally
19authorized to possess hypodermic syringes or needles under the
20Hypodermic Syringes and Needles Act.
21 (b) In determining intent under subsection (a), the trier
22of fact may take into consideration the proximity of the
23cannabis or controlled substances to drug paraphernalia or the

HB3235- 57 -LRB100 08746 RLC 21552 b
1presence of cannabis or a controlled substance on the drug
2paraphernalia.
3 (c) If a person violates subsection (a) of Section 4 of the
4Cannabis Control Act, the penalty for possession of any drug
5paraphernalia seized during the violation for that offense
6shall be a civil law violation punishable by a minimum fine not
7to exceed $125 of $100 and a maximum fine of $200. The proceeds
8of the fine shall be payable to the clerk of the circuit court.
9Within 30 days after the deposit of the fine, the clerk shall
10distribute the proceeds of the fine as follows:
11 (1) $10 of the fine to the circuit clerk and $10 of the
12 fine to the law enforcement agency that issued the
13 citation; the proceeds of each $10 fine distributed to the
14 circuit clerk and each $10 fine distributed to the law
15 enforcement agency that issued the citation for the
16 violation shall be used to defer the cost of automatic
17 expungements under paragraph (2.5) of subsection (a) of
18 Section 5.2 of the Criminal Identification Act;
19 (2) $15 to the county to fund drug addiction services;
20 (3) $10 to the Office of the State's Attorneys
21 Appellate Prosecutor for use in training programs;
22 (4) $10 to the State's Attorney; and
23 (5) any remainder of the fine to the law enforcement
24 agency that issued the citation for the violation.
25 With respect to funds designated for the Department of
26State Police, the moneys shall be remitted by the circuit court

HB3235- 58 -LRB100 08746 RLC 21552 b
1clerk to the Department of State Police within one month after
2receipt for deposit into the State Police Operations Assistance
3Fund. With respect to funds designated for the Department of
4Natural Resources, the Department of Natural Resources shall
5deposit the moneys into the Conservation Police Operations
6Assistance Fund.
7(Source: P.A. 99-697, eff. 7-29-16.)
8 Section 25. The Methamphetamine Control and Community
9Protection Act is amended by changing Sections 15, 20, 25, 30,
1035, 40, 45, 50, 55, 56, and 60 and by adding Sections 55.1,
1155.2, 55.3, 55.4, and 55.5 as follows:
12 (720 ILCS 646/15)
13 Sec. 15. Participation in methamphetamine manufacturing.
14 (a) Participation in methamphetamine manufacturing.
15 (1) It is unlawful to knowingly participate in the
16 manufacture of methamphetamine with the intent that
17 methamphetamine or a substance containing methamphetamine
18 be produced.
19 (2) A person who violates paragraph (1) of this
20 subsection (a) is subject to the following penalties:
21 (A) A person who participates in the manufacture of
22 less than 15 grams of methamphetamine or a substance
23 containing methamphetamine is guilty of a Class 2 1
24 felony.

HB3235- 59 -LRB100 08746 RLC 21552 b
1 (B) A person who participates in the manufacture of
2 15 or more grams but less than 100 grams of
3 methamphetamine or a substance containing
4 methamphetamine is guilty of a Class 1 X felony,
5 subject to a term of imprisonment of not less than 6
6 years and not more than 30 years, and subject to a fine
7 not to exceed $100,000 or the street value of the
8 methamphetamine manufactured, whichever is greater.
9 (C) A person who participates in the manufacture of
10 100 or more grams but less than 400 grams of
11 methamphetamine or a substance containing
12 methamphetamine is guilty of a Class 1 X felony, for
13 which the person may be sentenced subject to a term of
14 imprisonment of not less than 6 9 years and not more
15 than 30 40 years, and subject to a fine not to exceed
16 $200,000 or the street value of the methamphetamine
17 manufactured, whichever is greater.
18 (D) A person who participates in the manufacture of
19 400 or more grams but less than 900 grams of
20 methamphetamine or a substance containing
21 methamphetamine is guilty of a Class 1 X felony, for
22 which the person may be sentenced subject to a term of
23 imprisonment of not less than 6 12 years and not more
24 than 30 50 years, and subject to a fine not to exceed
25 $300,000 or the street value of the methamphetamine
26 manufactured, whichever is greater.

HB3235- 60 -LRB100 08746 RLC 21552 b
1 (E) A person who participates in the manufacture of
2 900 grams or more of methamphetamine or a substance
3 containing methamphetamine is guilty of a Class 1 X
4 felony, for which the person may be sentenced subject
5 to a term of imprisonment of not less than 6 15 years
6 and not more than 30 60 years, and subject to a fine
7 not to exceed $400,000 or the street value of the
8 methamphetamine, whichever is greater.
9 (b) Aggravated participation in methamphetamine
10manufacturing.
11 (1) It is unlawful to engage in aggravated
12 participation in the manufacture of methamphetamine. A
13 person engages in aggravated participation in the
14 manufacture of methamphetamine when the person violates
15 paragraph (1) of subsection (a) and:
16 (A) the person knowingly does so in a multi-unit
17 dwelling;
18 (B) the person knowingly does so in a structure or
19 vehicle where a child under the age of 18, a person
20 with a disability, or a person 60 years of age or older
21 who is incapable of adequately providing for his or her
22 own health and personal care resides, is present, or is
23 endangered by the manufacture of methamphetamine;
24 (C) the person does so in a structure or vehicle
25 where a woman the person knows to be pregnant
26 (including but not limited to the person herself)

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1 resides, is present, or is endangered by the
2 methamphetamine manufacture;
3 (D) the person knowingly does so in a structure or
4 vehicle protected by one or more firearms, explosive
5 devices, booby traps, alarm systems, surveillance
6 systems, guard dogs, or dangerous animals;
7 (E) the methamphetamine manufacturing in which the
8 person participates is a contributing cause of the
9 death, serious bodily injury, disability, or
10 disfigurement of another person, including but not
11 limited to an emergency service provider;
12 (F) the methamphetamine manufacturing in which the
13 person participates is a contributing cause of a fire
14 or explosion that damages property belonging to
15 another person;
16 (G) the person knowingly organizes, directs, or
17 finances the methamphetamine manufacturing or
18 activities carried out in support of the
19 methamphetamine manufacturing; or
20 (H) the methamphetamine manufacturing occurs
21 within 1,000 feet of a place of worship or parsonage,
22 or within 1,000 feet of the real property comprising
23 any school.
24 (2) A person who violates paragraph (1) of this
25 subsection (b) is subject to the following penalties:
26 (A) A person who participates in the manufacture of

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1 less than 15 grams of methamphetamine or a substance
2 containing methamphetamine is guilty of a Class 1 X
3 felony, subject to a term of imprisonment of not less
4 than 6 years and not more than 30 years, and subject to
5 a fine not to exceed $100,000 or the street value of
6 the methamphetamine, whichever is greater.
7 (B) A person who participates in the manufacture of
8 15 or more grams but less than 100 grams of
9 methamphetamine or a substance containing
10 methamphetamine is guilty of a Class 1 X felony, for
11 which the person may be sentenced subject to a term of
12 imprisonment of not less than 6 9 years and not more
13 than 30 40 years, and subject to a fine not to exceed
14 $200,000 or the street value of the methamphetamine,
15 whichever is greater.
16 (C) A person who participates in the manufacture of
17 100 or more grams but less than 400 grams of
18 methamphetamine or a substance containing
19 methamphetamine is guilty of a Class 1 X felony, for
20 which the person may be sentenced subject to a term of
21 imprisonment of not less than 6 12 years and not more
22 than 30 50 years, and subject to a fine not to exceed
23 $300,000 or the street value of the methamphetamine,
24 whichever is greater.
25 (D) A person who participates in the manufacture of
26 400 grams or more of methamphetamine or a substance

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1 containing methamphetamine is guilty of a Class 1 X
2 felony, for which the person may be sentenced subject
3 to a term of imprisonment of not less than 6 15 years
4 and not more than 30 60 years, and subject to a fine
5 not to exceed $400,000 or the street value of the
6 methamphetamine, whichever is greater.
7(Source: P.A. 98-980, eff. 1-1-15.)
8 (720 ILCS 646/20)
9 Sec. 20. Methamphetamine precursor.
10 (a) Methamphetamine precursor or substance containing any
11methamphetamine precursor in standard dosage form.
12 (1) It is unlawful to knowingly possess, procure,
13 transport, store, or deliver any methamphetamine precursor
14 or substance containing any methamphetamine precursor in
15 standard dosage form with the intent that it be used to
16 manufacture methamphetamine or a substance containing
17 methamphetamine.
18 (2) A person who violates paragraph (1) of this
19 subsection (a) is subject to the following penalties:
20 (A) A person who possesses, procures, transports,
21 stores, or delivers less than 15 grams of
22 methamphetamine precursor or substance containing any
23 methamphetamine precursor is guilty of a Class 4 2
24 felony.
25 (B) A person who possesses, procures, transports,

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1 stores, or delivers 15 or more grams but less than 30
2 grams of methamphetamine precursor or substance
3 containing any methamphetamine precursor is guilty of
4 a Class 3 1 felony.
5 (C) A person who possesses, procures, transports,
6 stores, or delivers 30 or more grams but less than 150
7 grams of methamphetamine precursor or substance
8 containing any methamphetamine precursor is guilty of
9 a Class 2 X felony, subject to a term of imprisonment
10 of not less than 6 years and not more than 30 years,
11 and subject to a fine not to exceed $100,000.
12 (D) A person who possesses, procures, transports,
13 stores, or delivers 150 or more grams but less than 500
14 grams of methamphetamine precursor or substance
15 containing any methamphetamine precursor is guilty of
16 a Class 1 X felony, subject to a term of imprisonment
17 of not less than 8 years and not more than 40 years,
18 and subject to a fine not to exceed $200,000.
19 (E) A person who possesses, procures, transports,
20 stores, or delivers 500 or more grams of
21 methamphetamine precursor or substance containing any
22 methamphetamine precursor is guilty of a Class 1 X
23 felony, for which the person may be sentenced subject
24 to a term of imprisonment of not less than 6 10 years
25 and not more than 30 50 years, and subject to a fine
26 not to exceed $300,000.

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1 (b) (Blank). Methamphetamine precursor or substance
2containing any methamphetamine precursor in any form other than
3a standard dosage form.
4 (1) It is unlawful to knowingly possess, procure,
5 transport, store, or deliver any methamphetamine precursor
6 or substance containing any methamphetamine precursor in
7 any form other than a standard dosage form with the intent
8 that it be used to manufacture methamphetamine or a
9 substance containing methamphetamine.
10 (2) A person who violates paragraph (1) of this
11 subsection (b) is subject to the following penalties:
12 (A) A person who violates paragraph (1) of this
13 subsection (b) with the intent that less than 10 grams
14 of methamphetamine or a substance containing
15 methamphetamine be manufactured is guilty of a Class 2
16 felony.
17 (B) A person who violates paragraph (1) of this
18 subsection (b) with the intent that 10 or more grams
19 but less than 20 grams of methamphetamine or a
20 substance containing methamphetamine be manufactured
21 is guilty of a Class 1 felony.
22 (C) A person who violates paragraph (1) of this
23 subsection (b) with the intent that 20 or more grams
24 but less than 100 grams of methamphetamine or a
25 substance containing methamphetamine be manufactured
26 is guilty of a Class X felony, subject to a term of

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1 imprisonment of not less than 6 years and not more than
2 30 years, and subject to a fine not to exceed $100,000.
3 (D) A person who violates paragraph (1) of this
4 subsection (b) with the intent that 100 or more grams
5 but less than 350 grams of methamphetamine or a
6 substance containing methamphetamine be manufactured
7 is guilty of a Class X felony, subject to a term of
8 imprisonment of not less than 8 years and not more than
9 40 years, and subject to a fine not to exceed $200,000.
10 (E) A person who violates paragraph (1) of this
11 subsection (b) with the intent that 350 or more grams
12 of methamphetamine or a substance containing
13 methamphetamine be manufactured is guilty of a Class X
14 felony, subject to a term of imprisonment of not less
15 than 10 years and not more than 50 years, and subject
16 to a fine not to exceed $300,000.
17 (c) Rule of evidence. The presence of any methamphetamine
18precursor in a sealed, factory imprinted container, including,
19but not limited to, a bottle, box, package, or blister pack, at
20the time of seizure by law enforcement, is prima facie evidence
21that the methamphetamine precursor located within the
22container is in fact the material so described and in the
23amount listed on the container. The factory imprinted container
24is admissible for a violation of this Act for purposes of
25proving the contents of the container.
26(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)

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1 (720 ILCS 646/25)
2 Sec. 25. Anhydrous ammonia.
3 (a) Possession, procurement, transportation, storage, or
4delivery of anhydrous ammonia with the intent that it be used
5to manufacture methamphetamine.
6 (1) It is unlawful to knowingly engage in the
7 possession, procurement, transportation, storage, or
8 delivery of anhydrous ammonia or to attempt to engage in
9 any of these activities or to assist another in engaging in
10 any of these activities with the intent that the anhydrous
11 ammonia be used to manufacture methamphetamine.
12 (2) A person who violates paragraph (1) of this
13 subsection (a) is guilty of a Class 2 1 felony.
14 (b) Aggravated possession, procurement, transportation,
15storage, or delivery of anhydrous ammonia with the intent that
16it be used to manufacture methamphetamine.
17 (1) It is unlawful to knowingly engage in the
18 aggravated possession, procurement, transportation,
19 storage, or delivery of anhydrous ammonia with the intent
20 that it be used to manufacture methamphetamine. A person
21 commits this offense when the person engages in the
22 possession, procurement, transportation, storage, or
23 delivery of anhydrous ammonia or attempts to engage in any
24 of these activities or assists another in engaging in any
25 of these activities with the intent that the anhydrous

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1 ammonia be used to manufacture methamphetamine and:
2 (A) the person knowingly does so in a multi-unit
3 dwelling;
4 (B) the person knowingly does so in a structure or
5 vehicle where a child under the age of 18, or a person
6 with a disability, or a person who is 60 years of age
7 or older who is incapable of adequately providing for
8 his or her own health and personal care resides, is
9 present, or is endangered by the anhydrous ammonia;
10 (C) the person's possession, procurement,
11 transportation, storage, or delivery of anhydrous
12 ammonia is a contributing cause of the death, serious
13 bodily injury, disability, or disfigurement of another
14 person; or
15 (D) the person's possession, procurement,
16 transportation, storage, or delivery of anhydrous
17 ammonia is a contributing cause of a fire or explosion
18 that damages property belonging to another person.
19 (2) A person who violates paragraph (1) of this
20 subsection (b) is guilty of a Class 1 X felony, subject to
21 a term of imprisonment of not less than 6 years and not
22 more than 30 years, and subject to a fine not to exceed
23 $100,000.
24 (c) Possession, procurement, transportation, storage, or
25delivery of anhydrous ammonia in an unauthorized container.
26 (1) It is unlawful to knowingly possess, procure,

HB3235- 69 -LRB100 08746 RLC 21552 b
1 transport, store, or deliver anhydrous ammonia in an
2 unauthorized container.
3 (1.5) (Blank) It is unlawful to attempt to possess,
4 procure, transport, store, or deliver anhydrous ammonia in
5 an unauthorized container.
6 (2) A person who violates paragraph (1) of this
7 subsection (c) is guilty of a Class 4 3 felony. A person
8 who violates paragraph (1.5) of this subsection (c) is
9 guilty of a Class 4 felony.
10 (3) Affirmative defense. It is an affirmative defense
11 that the person charged possessed, procured, transported,
12 stored, or delivered anhydrous ammonia in a manner that
13 substantially complied with the rules governing anhydrous
14 ammonia equipment found in 8 Illinois Administrative Code
15 Section 215, in 92 Illinois Administrative Code Sections
16 171 through 180, or in any provision of the Code of Federal
17 Regulations incorporated by reference into these Sections
18 of the Illinois Administrative Code.
19 (d) Tampering with anhydrous ammonia equipment.
20 (1) It is unlawful to knowingly tamper with anhydrous
21 ammonia equipment. A person tampers with anhydrous ammonia
22 equipment when, without authorization from the lawful
23 owner, the person:
24 (A) removes or attempts to remove anhydrous
25 ammonia from the anhydrous ammonia equipment used by
26 the lawful owner;

HB3235- 70 -LRB100 08746 RLC 21552 b
1 (B) damages or attempts to damage the anhydrous
2 ammonia equipment used by the lawful owner; or
3 (C) vents or attempts to vent anhydrous ammonia
4 into the environment.
5 (2) A person who violates paragraph (1) of this
6 subsection (d) is guilty of a Class 3 felony.
7(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
895-690, eff. 1-1-08.)
9 (720 ILCS 646/30)
10 Sec. 30. Methamphetamine manufacturing material.
11 (a) It is unlawful to knowingly engage in the possession,
12procurement, transportation, storage, or delivery of any
13methamphetamine manufacturing material, other than a
14methamphetamine precursor, substance containing a
15methamphetamine precursor, or anhydrous ammonia, with the
16intent that it be used to manufacture methamphetamine.
17 (b) A person who violates subsection (a) of this Section is
18guilty of a Class 3 2 felony.
19(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
20 (720 ILCS 646/35)
21 Sec. 35. Use of property.
22 (a) It is unlawful for a person knowingly to use or allow
23the use of a vehicle, a structure, real property, or personal
24property within the person's control to help bring about a

HB3235- 71 -LRB100 08746 RLC 21552 b
1violation of this Act.
2 (b) A person who violates subsection (a) of this Section is
3guilty of a Class 3 2 felony.
4(Source: P.A. 94-556, eff. 9-11-05.)
5 (720 ILCS 646/40)
6 Sec. 40. Protection of methamphetamine manufacturing.
7 (a) It is unlawful to engage in the protection of
8methamphetamine manufacturing. A person engages in the
9protection of methamphetamine manufacturing when:
10 (1) the person knows that others have been
11 participating, are participating, or will be participating
12 in the manufacture of methamphetamine; and
13 (2) with the intent to help prevent detection of or
14 interference with the methamphetamine manufacturing, the
15 person serves as a lookout for or guard of the
16 methamphetamine manufacturing.
17 (b) A person who violates subsection (a) of this Section is
18guilty of a Class 3 2 felony.
19(Source: P.A. 94-556, eff. 9-11-05.)
20 (720 ILCS 646/45)
21 Sec. 45. Methamphetamine manufacturing waste.
22 (a) It is unlawful to knowingly burn, place in a trash
23receptacle, or dispose of methamphetamine manufacturing waste,
24knowing that the waste was used in the manufacturing of

HB3235- 72 -LRB100 08746 RLC 21552 b
1methamphetamine.
2 (b) A person who violates subsection (a) of this Section is
3guilty of a Class 3 2 felony.
4(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
5 (720 ILCS 646/50)
6 Sec. 50. Methamphetamine-related child endangerment.
7 (a) Methamphetamine-related child endangerment.
8 (1) It is unlawful to engage in
9 methamphetamine-related child endangerment. A person
10 engages in methamphetamine-related child endangerment when
11 the person knowingly endangers the life and health of a
12 child by exposing or allowing exposure of the child to a
13 methamphetamine manufacturing environment.
14 (2) A person who violates paragraph (1) of this
15 subsection (a) is guilty of a Class 2 felony.
16 (b) Aggravated methamphetamine-related child endangerment.
17 (1) It is unlawful to engage in aggravated
18 methamphetamine-related child endangerment. A person
19 engages in aggravated methamphetamine-related child
20 endangerment when the person violates paragraph (1) of this
21 subsection (a) of this Section and the child experiences
22 death, great bodily harm, disability, or disfigurement as a
23 result of the methamphetamine-related child endangerment.
24 (2) A person who violates paragraph (1) of this
25 subsection (b) is guilty of a Class 1 X felony, subject to

HB3235- 73 -LRB100 08746 RLC 21552 b
1 a term of imprisonment of not less than 6 years and not
2 more than 30 years, and subject to a fine not to exceed
3 $100,000.
4(Source: P.A. 94-556, eff. 9-11-05.)
5 (720 ILCS 646/55)
6 Sec. 55. Methamphetamine delivery.
7 (a) Delivery or possession with intent to deliver
8methamphetamine or a substance containing methamphetamine.
9 (1) It is unlawful knowingly to engage in the delivery
10 or possession with intent to deliver methamphetamine or a
11 substance containing methamphetamine.
12 (2) A person who violates paragraph (1) of this
13 subsection (a) is subject to the following penalties:
14 (A) A person who delivers or possesses with intent
15 to deliver less than one gram 5 grams of
16 methamphetamine or a substance containing
17 methamphetamine is guilty of a Class 4 2 felony.
18 (B) A person who delivers or possesses with intent
19 to deliver one 5 or more grams but less than 15 grams
20 of methamphetamine or a substance containing
21 methamphetamine is guilty of a Class 3 1 felony.
22 (C) A person who delivers or possesses with intent
23 to deliver 15 or more grams but less than 100 grams of
24 methamphetamine or a substance containing
25 methamphetamine is guilty of a Class 2 X felony,

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1 subject to a term of imprisonment of not less than 6
2 years and not more than 30 years, and subject to a fine
3 not to exceed $100,000 or the street value of the
4 methamphetamine, whichever is greater.
5 (D) A person who delivers or possesses with intent
6 to deliver 100 or more grams but less than 400 grams of
7 methamphetamine or a substance containing
8 methamphetamine is guilty of a Class 1 X felony,
9 subject to a term of imprisonment of not less than 9
10 years and not more than 40 years, and subject to a fine
11 not to exceed $200,000 or the street value of the
12 methamphetamine, whichever is greater.
13 (E) A person who delivers or possesses with intent
14 to deliver 400 or more grams but less than 900 grams of
15 methamphetamine or a substance containing
16 methamphetamine is guilty of a Class 1 X felony,
17 subject to a term of imprisonment of not less than 12
18 years and not more than 50 years, and subject to a fine
19 not to exceed $300,000 or the street value of the
20 methamphetamine, whichever is greater.
21 (F) A person who delivers or possesses with intent
22 to deliver 900 or more grams of methamphetamine or a
23 substance containing methamphetamine is guilty of a
24 Class 1 X felony, for which the person may be sentenced
25 subject to a term of imprisonment of not less than 6 15
26 years and not more than 30 60 years, and subject to a

HB3235- 75 -LRB100 08746 RLC 21552 b
1 fine not to exceed $400,000 or the street value of the
2 methamphetamine, whichever is greater.
3 (b) (Blank). Aggravated delivery or possession with intent
4to deliver methamphetamine or a substance containing
5methamphetamine.
6 (1) It is unlawful to engage in the aggravated delivery
7 or possession with intent to deliver methamphetamine or a
8 substance containing methamphetamine. A person engages in
9 the aggravated delivery or possession with intent to
10 deliver methamphetamine or a substance containing
11 methamphetamine when the person violates paragraph (1) of
12 subsection (a) of this Section and:
13 (A) the person is at least 18 years of age and
14 knowingly delivers or possesses with intent to deliver
15 the methamphetamine or substance containing
16 methamphetamine to a person under 18 years of age;
17 (B) the person is at least 18 years of age and
18 knowingly uses, engages, employs, or causes another
19 person to use, engage, or employ a person under 18
20 years of age to deliver the methamphetamine or
21 substance containing methamphetamine;
22 (C) the person knowingly delivers or possesses
23 with intent to deliver the methamphetamine or
24 substance containing methamphetamine in any structure
25 or vehicle protected by one or more firearms, explosive
26 devices, booby traps, alarm systems, surveillance

HB3235- 76 -LRB100 08746 RLC 21552 b
1 systems, guard dogs, or dangerous animals;
2 (D) the person knowingly delivers or possesses
3 with intent to deliver the methamphetamine or
4 substance containing methamphetamine in any school, on
5 any real property comprising any school, or in any
6 conveyance owned, leased, or contracted by a school to
7 transport students to or from school or a
8 school-related activity;
9 (E) the person delivers or causes another person to
10 deliver the methamphetamine or substance containing
11 methamphetamine to a woman that the person knows to be
12 pregnant; or
13 (F) (blank).
14 (2) A person who violates paragraph (1) of this
15 subsection (b) is subject to the following penalties:
16 (A) A person who delivers or possesses with intent
17 to deliver less than 5 grams of methamphetamine or a
18 substance containing methamphetamine is guilty of a
19 Class 1 felony.
20 (B) A person who delivers or possesses with intent
21 to deliver 5 or more grams but less than 15 grams of
22 methamphetamine or a substance containing
23 methamphetamine is guilty of a Class X felony, subject
24 to a term of imprisonment of not less than 6 years and
25 not more than 30 years, and subject to a fine not to
26 exceed $100,000 or the street value of the

HB3235- 77 -LRB100 08746 RLC 21552 b
1 methamphetamine, whichever is greater.
2 (C) A person who delivers or possesses with intent
3 to deliver 15 or more grams but less than 100 grams of
4 methamphetamine or a substance containing
5 methamphetamine is guilty of a Class X felony, subject
6 to a term of imprisonment of not less than 8 years and
7 not more than 40 years, and subject to a fine not to
8 exceed $200,000 or the street value of the
9 methamphetamine, whichever is greater.
10 (D) A person who delivers or possesses with intent
11 to deliver 100 or more grams of methamphetamine or a
12 substance containing methamphetamine is guilty of a
13 Class X felony, subject to a term of imprisonment of
14 not less than 10 years and not more than 50 years, and
15 subject to a fine not to exceed $300,000 or the street
16 value of the methamphetamine, whichever is greater.
17(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
18 (720 ILCS 646/55.1 new)
19 Sec. 55.1. Methamphetamine delivery by a person at least 18
20years of age to a person under 18 years of age. Any person who
21is at least 18 years of age who violates any subsection of
22Section 55 by delivering methamphetamine or substance
23containing methamphetamine to a person under 18 years of age
24may, at the discretion of the court, be sentenced to a maximum
25term of imprisonment that is equal to the maximum term of

HB3235- 78 -LRB100 08746 RLC 21552 b
1imprisonment for the underlying offense plus the minimum term
2of imprisonment for the underlying offense.
3 (720 ILCS 646/55.2 new)
4 Sec. 55.2. Employing person under 18 years of age to
5deliver methamphetamine. Any person who is at least 18 years of
6age who violates any subsection of Section 55 by using,
7engaging, or employing, or causing another person to use,
8engage, or employ a person under 18 years of age to deliver
9methamphetamine or substance containing methamphetamine may,
10at the discretion of the court, be sentenced to a maximum term
11of imprisonment that is equal to the maximum term of
12imprisonment for the underlying offense plus the minimum term
13of imprisonment for the underlying offense.
14 (720 ILCS 646/55.3 new)
15 Sec. 55.3. Delivery of methamphetamine or possession with
16intent to deliver methamphetamine—protected structure or
17vehicle. Any person who violates any subsection of Section 55
18by knowingly delivering or possessing with intent to deliver
19methamphetamine or substance containing methamphetamine in any
20structure or vehicle protected by one or more explosive
21devices, booby traps, or dangerous animals may, at the
22discretion of the court, be sentenced to a maximum term of
23imprisonment that is equal to the maximum term of imprisonment
24for the underlying offense plus the minimum term of

HB3235- 79 -LRB100 08746 RLC 21552 b
1imprisonment for the underlying offense.
2 (720 ILCS 646/55.4 new)
3 Sec. 55.4. Methamphetamine delivery or possession with
4intent to deliver methamphetamine on school grounds. Any person
5who violates any subsection of Section 55 by delivering or
6possessing with intent to deliver methamphetamine or substance
7containing methamphetamine in any school, on any real property
8comprising any school, or in any conveyance owned, leased, or
9contracted by a school to transport students to or from school
10or a school-related activity shall be sentenced to a class of
11offense that is one class higher than the sentence otherwise
12authorized by the pertinent subsection of Section 55. If the
13sentence otherwise authorized by the pertinent subsection of
14Section 55 is a Class 1 felony for which the person may be
15sentenced to a term of imprisonment of not less than 4 years
16and not more than 15 years, the penalty for an offense under
17this Section is a Class 1 felony for which the person may be
18sentenced to a term of imprisonment of not less than 6 years
19and not more than 30 years. If the sentence otherwise
20authorized by the pertinent subsection of Section 55 is a Class
211 felony for which the person may be sentenced to a term of
22imprisonment of not less than 6 years and not more than 30
23years, the penalty for an offense under this Section is a Class
241 felony for which the person may be sentenced to a term of
25imprisonment of not less than 9 years and not more than 40

HB3235- 80 -LRB100 08746 RLC 21552 b
1years.
2 (720 ILCS 646/55.5 new)
3 Sec. 55.5. Methamphetamine delivery to pregnant woman. Any
4person who violates any subsection of Section 55 by delivering
5or causing to be delivered methamphetamine or substance
6containing methamphetamine to a woman that the person knows to
7be pregnant may, at the discretion of the court, be sentenced
8to a maximum term of imprisonment that is equal to the maximum
9term of imprisonment for the underlying offense plus the
10minimum term of imprisonment for the underlying offense.
11 (720 ILCS 646/56)
12 Sec. 56. Methamphetamine trafficking.
13 (a) Except for purposes as authorized by this Act, any
14person who knowingly brings, or causes to be brought, into this
15State 400 grams or more of methamphetamine or 500 grams or more
16of , anhydrous ammonia, or a methamphetamine precursor or any
17amount of anhydrous ammonia for the purpose of manufacture or
18delivery of methamphetamine or with the intent to manufacture
19or deliver methamphetamine is guilty of methamphetamine
20trafficking.
21 (a-5) A person convicted of methamphetamine trafficking
22shall be sentenced as authorized by Section 55 of this Act,
23based upon the amount of the methamphetamine brought or caused
24to be brought into this State, if the person at sentencing

HB3235- 81 -LRB100 08746 RLC 21552 b
1proves by a preponderance of the evidence that he or she:
2 (1) received little or no compensation from the illegal
3 transport of the methamphetamine into this State and had
4 minimal knowledge of the scope and structure of the
5 enterprise to manufacture or deliver the methamphetamine
6 transported; or
7 (2) was not involved in the organization or planning of
8 the enterprise to manufacture or deliver the
9 methamphetamine transported.
10 (b) Except as otherwise provided in subsection (a-5), a A
11person convicted of methamphetamine trafficking shall be
12sentenced to a term of imprisonment of not less than twice the
13minimum term and not more than twice the maximum term of
14imprisonment based upon the amount of methamphetamine brought
15or caused to be brought into this State, as provided in
16subsection (a) of Section 55 of this Act that is one class
17higher than the underlying offense. If the underlying offense
18is a Class 1 felony for which the offender may be sentenced to
19a term of imprisonment of not less than 6 years and not more
20than 30 years, the penalty for methamphetamine trafficking is a
21Class 1 felony for which the person may be sentenced to a term
22of imprisonment of not less 9 years and not more than 40 years.
23 (c) (Blank) A person convicted of methamphetamine
24trafficking based upon a methamphetamine precursor shall be
25sentenced to a term of imprisonment of not less than twice the
26minimum term and not more than twice the maximum term of

HB3235- 82 -LRB100 08746 RLC 21552 b
1imprisonment based upon the amount of methamphetamine
2precursor provided in subsection (a) or (b) of Section 20 of
3this Act brought or caused to be brought into this State.
4 (d) A person convicted of methamphetamine trafficking
5based upon anhydrous ammonia under paragraph (1) of subsection
6(a) of Section 25 of this Act is guilty of a Class 1 felony
7shall be sentenced to a term of imprisonment of not less than
8twice the minimum term and not more than twice the maximum term
9of imprisonment provided in paragraph (1) of subsection (a) of
10Section 25 of this Act.
11(Source: P.A. 94-830, eff. 6-5-06.)
12 (720 ILCS 646/60)
13 Sec. 60. Methamphetamine possession.
14 (a) It is unlawful knowingly to possess methamphetamine or
15a substance containing methamphetamine.
16 (b) A person who violates subsection (a) is subject to the
17following penalties:
18 (1) A person who possesses less than 15 5 grams of
19 methamphetamine or a substance containing methamphetamine
20 is guilty of a Class A misdemeanor 3 felony.
21 (2) (Blank). A person who possesses 5 or more grams but
22 less than 15 grams of methamphetamine or a substance
23 containing methamphetamine is guilty of a Class 2 felony.
24 (3) A person who possesses 15 or more grams but less
25 than 100 grams of methamphetamine or a substance containing

HB3235- 83 -LRB100 08746 RLC 21552 b
1 methamphetamine is guilty of a Class 3 1 felony.
2 (4) A person who possesses 100 or more grams but less
3 than 400 grams of methamphetamine or a substance containing
4 methamphetamine is guilty of a Class 2 X felony, subject to
5 a term of imprisonment of not less than 6 years and not
6 more than 30 years, and subject to a fine not to exceed
7 $100,000.
8 (5) A person who possesses 400 or more grams but less
9 than 900 grams of methamphetamine or a substance containing
10 methamphetamine is guilty of a Class 1 X felony, subject to
11 a term of imprisonment of not less than 8 years and not
12 more than 40 years, and subject to a fine not to exceed
13 $200,000.
14 (6) A person who possesses 900 or more grams of
15 methamphetamine or a substance containing methamphetamine
16 is guilty of a Class 1 X felony, subject to a term of
17 imprisonment of not less than 10 years and not more than 50
18 years, and subject to a fine not to exceed $300,000.
19(Source: P.A. 94-556, eff. 9-11-05.)
20 (720 ILCS 646/65 rep.)
21 (720 ILCS 646/100 rep.)
22 Section 30. The Methamphetamine Control and Community
23Protection Act is amended by repealing Sections 65 and 100.
24 Section 35. The Unified Code of Corrections is amended by

HB3235- 84 -LRB100 08746 RLC 21552 b
1changing Sections 5-4-1, 5-4.5-95, 5-5-3 and 5-8-2 as follows:
2 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
3 Sec. 5-4-1. Sentencing Hearing.
4 (a) Except when the death penalty is sought under hearing
5procedures otherwise specified, after a determination of
6guilt, a hearing shall be held to impose the sentence. However,
7prior to the imposition of sentence on an individual being
8sentenced for an offense based upon a charge for a violation of
9Section 11-501 of the Illinois Vehicle Code or a similar
10provision of a local ordinance, the individual must undergo a
11professional evaluation to determine if an alcohol or other
12drug abuse problem exists and the extent of such a problem.
13Programs conducting these evaluations shall be licensed by the
14Department of Human Services. However, if the individual is not
15a resident of Illinois, the court may, in its discretion,
16accept an evaluation from a program in the state of such
17individual's residence. The court may in its sentencing order
18approve an eligible defendant for placement in a Department of
19Corrections impact incarceration program as provided in
20Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
21order recommend a defendant for placement in a Department of
22Corrections substance abuse treatment program as provided in
23paragraph (a) of subsection (1) of Section 3-2-2 conditioned
24upon the defendant being accepted in a program by the
25Department of Corrections. At the hearing the court shall:

HB3235- 85 -LRB100 08746 RLC 21552 b
1 (1) consider the evidence, if any, received upon the
2 trial;
3 (2) consider any presentence reports;
4 (3) consider the financial impact of incarceration
5 based on the financial impact statement filed with the
6 clerk of the court by the Department of Corrections;
7 (4) consider evidence and information offered by the
8 parties in aggravation and mitigation;
9 (4.5) consider substance abuse treatment, eligibility
10 screening, and an assessment, if any, of the defendant by
11 an agent designated by the State of Illinois to provide
12 assessment services for the Illinois courts;
13 (5) hear arguments as to sentencing alternatives;
14 (6) afford the defendant the opportunity to make a
15 statement in his own behalf;
16 (7) afford the victim of a violent crime or a violation
17 of Section 11-501 of the Illinois Vehicle Code, or a
18 similar provision of a local ordinance, or a qualified
19 individual affected by: (i) a violation of Section 405,
20 405.1, 405.2, or 407 of the Illinois Controlled Substances
21 Act or a violation of Section 55 or Section 65 of the
22 Methamphetamine Control and Community Protection Act, or
23 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
24 except as described in subdivisions (a)(2)(A) and
25 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
26 Criminal Code of 1961 or the Criminal Code of 2012,

HB3235- 86 -LRB100 08746 RLC 21552 b
1 committed by the defendant the opportunity to make a
2 statement concerning the impact on the victim and to offer
3 evidence in aggravation or mitigation; provided that the
4 statement and evidence offered in aggravation or
5 mitigation must first be prepared in writing in conjunction
6 with the State's Attorney before it may be presented orally
7 at the hearing. Any sworn testimony offered by the victim
8 is subject to the defendant's right to cross-examine. All
9 statements and evidence offered under this paragraph (7)
10 shall become part of the record of the court. For the
11 purpose of this paragraph (7), "qualified individual"
12 means any person who (i) lived or worked within the
13 territorial jurisdiction where the offense took place when
14 the offense took place; and (ii) is familiar with various
15 public places within the territorial jurisdiction where
16 the offense took place when the offense took place. For the
17 purposes of this paragraph (7), "qualified individual"
18 includes any peace officer, or any member of any duly
19 organized State, county, or municipal peace unit assigned
20 to the territorial jurisdiction where the offense took
21 place when the offense took place;
22 (8) in cases of reckless homicide afford the victim's
23 spouse, guardians, parents or other immediate family
24 members an opportunity to make oral statements;
25 (9) in cases involving a felony sex offense as defined
26 under the Sex Offender Management Board Act, consider the

HB3235- 87 -LRB100 08746 RLC 21552 b
1 results of the sex offender evaluation conducted pursuant
2 to Section 5-3-2 of this Act; and
3 (10) make a finding of whether a motor vehicle was used
4 in the commission of the offense for which the defendant is
5 being sentenced.
6 (b) All sentences shall be imposed by the judge based upon
7his independent assessment of the elements specified above and
8any agreement as to sentence reached by the parties. The judge
9who presided at the trial or the judge who accepted the plea of
10guilty shall impose the sentence unless he is no longer sitting
11as a judge in that court. Where the judge does not impose
12sentence at the same time on all defendants who are convicted
13as a result of being involved in the same offense, the
14defendant or the State's Attorney may advise the sentencing
15court of the disposition of any other defendants who have been
16sentenced.
17 (b-1) In imposing a sentence of imprisonment or periodic
18imprisonment for a Class 3 or Class 4 felony for which a
19sentence of probation or conditional discharge is an available
20sentence, if the defendant has no prior sentence of probation
21or conditional discharge and no prior conviction for a violent
22crime, the defendant shall not be sentenced to imprisonment
23before review and consideration of a presentence report and
24determination and explanation of why the particular evidence,
25information, factor in aggravation, factual finding, or other
26reasons support a sentencing determination that one or more of

HB3235- 88 -LRB100 08746 RLC 21552 b
1the factors under subsection (a) of Section 5-6-1 of this Code
2apply and that probation or conditional discharge is not an
3appropriate sentence.
4 (c) In imposing a sentence for a violent crime or for an
5offense of operating or being in physical control of a vehicle
6while under the influence of alcohol, any other drug or any
7combination thereof, or a similar provision of a local
8ordinance, when such offense resulted in the personal injury to
9someone other than the defendant, the trial judge shall specify
10on the record the particular evidence, information, factors in
11mitigation and aggravation or other reasons that led to his
12sentencing determination. The full verbatim record of the
13sentencing hearing shall be filed with the clerk of the court
14and shall be a public record.
15 (c-1) In imposing a sentence for the offense of aggravated
16kidnapping for ransom, home invasion, armed robbery,
17aggravated vehicular hijacking, aggravated discharge of a
18firearm, or armed violence with a category I weapon or category
19II weapon, the trial judge shall make a finding as to whether
20the conduct leading to conviction for the offense resulted in
21great bodily harm to a victim, and shall enter that finding and
22the basis for that finding in the record.
23 (c-2) If the defendant is sentenced to prison, other than
24when a sentence of natural life imprisonment or a sentence of
25death is imposed, at the time the sentence is imposed the judge
26shall state on the record in open court the approximate period

HB3235- 89 -LRB100 08746 RLC 21552 b
1of time the defendant will serve in custody according to the
2then current statutory rules and regulations for sentence
3credit found in Section 3-6-3 and other related provisions of
4this Code. This statement is intended solely to inform the
5public, has no legal effect on the defendant's actual release,
6and may not be relied on by the defendant on appeal.
7 The judge's statement, to be given after pronouncing the
8sentence, other than when the sentence is imposed for one of
9the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
10shall include the following:
11 "The purpose of this statement is to inform the public of
12the actual period of time this defendant is likely to spend in
13prison as a result of this sentence. The actual period of
14prison time served is determined by the statutes of Illinois as
15applied to this sentence by the Illinois Department of
16Corrections and the Illinois Prisoner Review Board. In this
17case, assuming the defendant receives all of his or her
18sentence credit, the period of estimated actual custody is ...
19years and ... months, less up to 180 days additional sentence
20credit for good conduct. If the defendant, because of his or
21her own misconduct or failure to comply with the institutional
22regulations, does not receive those credits, the actual time
23served in prison will be longer. The defendant may also receive
24an additional one-half day sentence credit for each day of
25participation in vocational, industry, substance abuse, and
26educational programs as provided for by Illinois statute."

HB3235- 90 -LRB100 08746 RLC 21552 b
1 When the sentence is imposed for one of the offenses
2enumerated in paragraph (a)(3) of Section 3-6-3, other than
3when the sentence is imposed for one of the offenses enumerated
4in paragraph (a)(2) of Section 3-6-3 committed on or after June
519, 1998, and other than when the sentence is imposed for
6reckless homicide as defined in subsection (e) of Section 9-3
7of the Criminal Code of 1961 or the Criminal Code of 2012 if
8the offense was committed on or after January 1, 1999, and
9other than when the sentence is imposed for aggravated arson if
10the offense was committed on or after July 27, 2001 (the
11effective date of Public Act 92-176), and other than when the
12sentence is imposed for aggravated driving under the influence
13of alcohol, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof as defined in
15subparagraph (C) of paragraph (1) of subsection (d) of Section
1611-501 of the Illinois Vehicle Code committed on or after
17January 1, 2011 (the effective date of Public Act 96-1230), the
18judge's statement, to be given after pronouncing the sentence,
19shall include the following:
20 "The purpose of this statement is to inform the public of
21the actual period of time this defendant is likely to spend in
22prison as a result of this sentence. The actual period of
23prison time served is determined by the statutes of Illinois as
24applied to this sentence by the Illinois Department of
25Corrections and the Illinois Prisoner Review Board. In this
26case, assuming the defendant receives all of his or her

HB3235- 91 -LRB100 08746 RLC 21552 b
1sentence credit, the period of estimated actual custody is ...
2years and ... months, less up to 90 days additional sentence
3credit for good conduct. If the defendant, because of his or
4her own misconduct or failure to comply with the institutional
5regulations, does not receive those credits, the actual time
6served in prison will be longer. The defendant may also receive
7an additional one-half day sentence credit for each day of
8participation in vocational, industry, substance abuse, and
9educational programs as provided for by Illinois statute."
10 When the sentence is imposed for one of the offenses
11enumerated in paragraph (a)(2) of Section 3-6-3, other than
12first degree murder, and the offense was committed on or after
13June 19, 1998, and when the sentence is imposed for reckless
14homicide as defined in subsection (e) of Section 9-3 of the
15Criminal Code of 1961 or the Criminal Code of 2012 if the
16offense was committed on or after January 1, 1999, and when the
17sentence is imposed for aggravated driving under the influence
18of alcohol, other drug or drugs, or intoxicating compound or
19compounds, or any combination thereof as defined in
20subparagraph (F) of paragraph (1) of subsection (d) of Section
2111-501 of the Illinois Vehicle Code, and when the sentence is
22imposed for aggravated arson if the offense was committed on or
23after July 27, 2001 (the effective date of Public Act 92-176),
24and when the sentence is imposed for aggravated driving under
25the influence of alcohol, other drug or drugs, or intoxicating
26compound or compounds, or any combination thereof as defined in

HB3235- 92 -LRB100 08746 RLC 21552 b
1subparagraph (C) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code committed on or after
3January 1, 2011 (the effective date of Public Act 96-1230), the
4judge's statement, to be given after pronouncing the sentence,
5shall include the following:
6 "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois as
10applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant is entitled to no more than 4 1/2 days of
13sentence credit for each month of his or her sentence of
14imprisonment. Therefore, this defendant will serve at least 85%
15of his or her sentence. Assuming the defendant receives 4 1/2
16days credit for each month of his or her sentence, the period
17of estimated actual custody is ... years and ... months. If the
18defendant, because of his or her own misconduct or failure to
19comply with the institutional regulations receives lesser
20credit, the actual time served in prison will be longer."
21 When a sentence of imprisonment is imposed for first degree
22murder and the offense was committed on or after June 19, 1998,
23the judge's statement, to be given after pronouncing the
24sentence, shall include the following:
25 "The purpose of this statement is to inform the public of
26the actual period of time this defendant is likely to spend in

HB3235- 93 -LRB100 08746 RLC 21552 b
1prison as a result of this sentence. The actual period of
2prison time served is determined by the statutes of Illinois as
3applied to this sentence by the Illinois Department of
4Corrections and the Illinois Prisoner Review Board. In this
5case, the defendant is not entitled to sentence credit.
6Therefore, this defendant will serve 100% of his or her
7sentence."
8 When the sentencing order recommends placement in a
9substance abuse program for any offense that results in
10incarceration in a Department of Corrections facility and the
11crime was committed on or after September 1, 2003 (the
12effective date of Public Act 93-354), the judge's statement, in
13addition to any other judge's statement required under this
14Section, to be given after pronouncing the sentence, shall
15include the following:
16 "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois as
20applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, the defendant shall receive no sentence credit for good
23conduct under clause (3) of subsection (a) of Section 3-6-3
24until he or she participates in and completes a substance abuse
25treatment program or receives a waiver from the Director of
26Corrections pursuant to clause (4.5) of subsection (a) of

HB3235- 94 -LRB100 08746 RLC 21552 b
1Section 3-6-3."
2 (c-4) Before the sentencing hearing and as part of the
3presentence investigation under Section 5-3-1, the court shall
4inquire of the defendant whether the defendant is currently
5serving in or is a veteran of the Armed Forces of the United
6States. If the defendant is currently serving in the Armed
7Forces of the United States or is a veteran of the Armed Forces
8of the United States and has been diagnosed as having a mental
9illness by a qualified psychiatrist or clinical psychologist or
10physician, the court may:
11 (1) order that the officer preparing the presentence
12 report consult with the United States Department of
13 Veterans Affairs, Illinois Department of Veterans'
14 Affairs, or another agency or person with suitable
15 knowledge or experience for the purpose of providing the
16 court with information regarding treatment options
17 available to the defendant, including federal, State, and
18 local programming; and
19 (2) consider the treatment recommendations of any
20 diagnosing or treating mental health professionals
21 together with the treatment options available to the
22 defendant in imposing sentence.
23 For the purposes of this subsection (c-4), "qualified
24psychiatrist" means a reputable physician licensed in Illinois
25to practice medicine in all its branches, who has specialized
26in the diagnosis and treatment of mental and nervous disorders

HB3235- 95 -LRB100 08746 RLC 21552 b
1for a period of not less than 5 years.
2 (c-6) In imposing a sentence, the trial judge shall
3specify, on the record, the particular evidence and other
4reasons which led to his or her determination that a motor
5vehicle was used in the commission of the offense.
6 (d) When the defendant is committed to the Department of
7Corrections, the State's Attorney shall and counsel for the
8defendant may file a statement with the clerk of the court to
9be transmitted to the department, agency or institution to
10which the defendant is committed to furnish such department,
11agency or institution with the facts and circumstances of the
12offense for which the person was committed together with all
13other factual information accessible to them in regard to the
14person prior to his commitment relative to his habits,
15associates, disposition and reputation and any other facts and
16circumstances which may aid such department, agency or
17institution during its custody of such person. The clerk shall
18within 10 days after receiving any such statements transmit a
19copy to such department, agency or institution and a copy to
20the other party, provided, however, that this shall not be
21cause for delay in conveying the person to the department,
22agency or institution to which he has been committed.
23 (e) The clerk of the court shall transmit to the
24department, agency or institution, if any, to which the
25defendant is committed, the following:
26 (1) the sentence imposed;

HB3235- 96 -LRB100 08746 RLC 21552 b
1 (2) any statement by the court of the basis for
2 imposing the sentence;
3 (3) any presentence reports;
4 (3.5) any sex offender evaluations;
5 (3.6) any substance abuse treatment eligibility
6 screening and assessment of the defendant by an agent
7 designated by the State of Illinois to provide assessment
8 services for the Illinois courts;
9 (4) the number of days, if any, which the defendant has
10 been in custody and for which he is entitled to credit
11 against the sentence, which information shall be provided
12 to the clerk by the sheriff;
13 (4.1) any finding of great bodily harm made by the
14 court with respect to an offense enumerated in subsection
15 (c-1);
16 (5) all statements filed under subsection (d) of this
17 Section;
18 (6) any medical or mental health records or summaries
19 of the defendant;
20 (7) the municipality where the arrest of the offender
21 or the commission of the offense has occurred, where such
22 municipality has a population of more than 25,000 persons;
23 (8) all statements made and evidence offered under
24 paragraph (7) of subsection (a) of this Section; and
25 (9) all additional matters which the court directs the
26 clerk to transmit.

HB3235- 97 -LRB100 08746 RLC 21552 b
1 (f) In cases in which the court finds that a motor vehicle
2was used in the commission of the offense for which the
3defendant is being sentenced, the clerk of the court shall,
4within 5 days thereafter, forward a report of such conviction
5to the Secretary of State.
6(Source: P.A. 99-861, eff. 1-1-17.)
7 (730 ILCS 5/5-4.5-95)
8 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
9 (a) HABITUAL CRIMINALS.
10 (1) Every person who has been twice convicted in any
11 state or federal court of an offense that contains the same
12 elements as an offense now (the date of the offense
13 committed after the 2 prior convictions) classified in
14 Illinois as a Class X felony, criminal sexual assault,
15 aggravated kidnapping, or first degree murder, and who is
16 thereafter convicted of a Class X felony, criminal sexual
17 assault, or first degree murder, committed after the 2
18 prior convictions, shall be adjudged an habitual criminal.
19 (2) The 2 prior convictions need not have been for the
20 same offense.
21 (3) Any convictions that result from or are connected
22 with the same transaction, or result from offenses
23 committed at the same time, shall be counted for the
24 purposes of this Section as one conviction.
25 (4) This Section does not apply unless each of the

HB3235- 98 -LRB100 08746 RLC 21552 b
1 following requirements are satisfied:
2 (A) The third offense was committed after July 3,
3 1980.
4 (B) The third offense was committed within 20 years
5 of the date that judgment was entered on the first
6 conviction; provided, however, that time spent in
7 custody shall not be counted.
8 (C) The third offense was committed after
9 conviction on the second offense.
10 (D) The second offense was committed after
11 conviction on the first offense.
12 (5) Anyone who, having attained the age of 18 at the
13 time of the third offense, is adjudged an habitual criminal
14 shall be sentenced to a term of natural life imprisonment.
15 (6) A prior conviction shall not be alleged in the
16 indictment, and no evidence or other disclosure of that
17 conviction shall be presented to the court or the jury
18 during the trial of an offense set forth in this Section
19 unless otherwise permitted by the issues properly raised in
20 that trial. After a plea or verdict or finding of guilty
21 and before sentence is imposed, the prosecutor may file
22 with the court a verified written statement signed by the
23 State's Attorney concerning any former conviction of an
24 offense set forth in this Section rendered against the
25 defendant. The court shall then cause the defendant to be
26 brought before it; shall inform the defendant of the

HB3235- 99 -LRB100 08746 RLC 21552 b
1 allegations of the statement so filed, and of his or her
2 right to a hearing before the court on the issue of that
3 former conviction and of his or her right to counsel at
4 that hearing; and unless the defendant admits such
5 conviction, shall hear and determine the issue, and shall
6 make a written finding thereon. If a sentence has
7 previously been imposed, the court may vacate that sentence
8 and impose a new sentence in accordance with this Section.
9 (7) A duly authenticated copy of the record of any
10 alleged former conviction of an offense set forth in this
11 Section shall be prima facie evidence of that former
12 conviction; and a duly authenticated copy of the record of
13 the defendant's final release or discharge from probation
14 granted, or from sentence and parole supervision (if any)
15 imposed pursuant to that former conviction, shall be prima
16 facie evidence of that release or discharge.
17 (8) Any claim that a previous conviction offered by the
18 prosecution is not a former conviction of an offense set
19 forth in this Section because of the existence of any
20 exceptions described in this Section, is waived unless duly
21 raised at the hearing on that conviction, or unless the
22 prosecution's proof shows the existence of the exceptions
23 described in this Section.
24 (9) If the person so convicted shows to the
25 satisfaction of the court before whom that conviction was
26 had that he or she was released from imprisonment, upon

HB3235- 100 -LRB100 08746 RLC 21552 b
1 either of the sentences upon a pardon granted for the
2 reason that he or she was innocent, that conviction and
3 sentence shall not be considered under this Section.
4 (10) This subsection (a) does not apply to a violation
5 of the Cannabis Control Act, the Illinois Controlled
6 Substances Act, or the Methamphetamine Control and
7 Community Protection Act.
8 (b) When a defendant, over the age of 21 years, is
9convicted of a Class 1 or Class 2 felony, after having twice
10been convicted in any state or federal court of an offense that
11contains the same elements as an offense now (the date the
12Class 1 or Class 2 felony was committed) classified in Illinois
13as a Class 2 or greater Class felony and those charges are
14separately brought and tried and arise out of different series
15of acts, that defendant shall be sentenced as a Class X
16offender. This subsection does not apply unless:
17 (1) the first felony was committed after February 1,
18 1978 (the effective date of Public Act 80-1099);
19 (2) the second felony was committed after conviction on
20 the first; and
21 (3) the third felony was committed after conviction on
22 the second.
23 This subsection (b) does not apply to a violation of the
24Cannabis Control Act, the Illinois Controlled Substances Act,
25or the Methamphetamine Control and Community Protection Act.
26 A person sentenced as a Class X offender under this

HB3235- 101 -LRB100 08746 RLC 21552 b
1subsection (b) is not eligible to apply for treatment as a
2condition of probation as provided by Section 40-10 of the
3Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
4301/40-10).
5(Source: P.A. 99-69, eff. 1-1-16.)
6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
7 Sec. 5-5-3. Disposition.
8 (a) (Blank).
9 (b) (Blank).
10 (c) (1) (Blank).
11 (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17 (A) First degree murder where the death penalty is not
18 imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) (Blank). A violation of Section 401.1 or 407 of the
22 Illinois Controlled Substances Act, or a violation of
23 subdivision (c)(1.5) or (c)(2) of Section 401 of that Act
24 which relates to more than 5 grams of a substance
25 containing cocaine, fentanyl, or an analog thereof.

HB3235- 102 -LRB100 08746 RLC 21552 b
1 (D-5) (Blank). A violation of subdivision (c)(1) of
2 Section 401 of the Illinois Controlled Substances Act which
3 relates to 3 or more grams of a substance containing heroin
4 or an analog thereof.
5 (E) (Blank). A violation of Section 5.1 or 9 of the
6 Cannabis Control Act.
7 (F) A Class 2 or greater felony if the offender had
8 been convicted of a Class 2 or greater felony, including
9 any state or federal conviction for an offense that
10 contained, at the time it was committed, the same elements
11 as an offense now (the date of the offense committed after
12 the prior Class 2 or greater felony) classified as a Class
13 2 or greater felony, within 10 years of the date on which
14 the offender committed the offense for which he or she is
15 being sentenced, except as otherwise provided in Section
16 40-10 of the Alcoholism and Other Drug Abuse and Dependency
17 Act. This subparagraph (F) does not apply to a violation of
18 the Cannabis Control Act, the Illinois Controlled
19 Substances Act, or the Methamphetamine Control and
20 Community Protection Act.
21 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
22 the Criminal Code of 1961 or the Criminal Code of 2012 for
23 which imprisonment is prescribed in those Sections.
24 (G) Residential burglary, except as otherwise provided
25 in Section 40-10 of the Alcoholism and Other Drug Abuse and
26 Dependency Act.

HB3235- 103 -LRB100 08746 RLC 21552 b
1 (H) Criminal sexual assault.
2 (I) Aggravated battery of a senior citizen as described
3 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
4 of the Criminal Code of 1961 or the Criminal Code of 2012.
5 (J) A forcible felony if the offense was related to the
6 activities of an organized gang.
7 Before July 1, 1994, for the purposes of this
8 paragraph, "organized gang" means an association of 5 or
9 more persons, with an established hierarchy, that
10 encourages members of the association to perpetrate crimes
11 or provides support to the members of the association who
12 do commit crimes.
13 Beginning July 1, 1994, for the purposes of this
14 paragraph, "organized gang" has the meaning ascribed to it
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus
16 Prevention Act.
17 (K) Vehicular hijacking.
18 (L) A second or subsequent conviction for the offense
19 of hate crime when the underlying offense upon which the
20 hate crime is based is felony aggravated assault or felony
21 mob action.
22 (M) A second or subsequent conviction for the offense
23 of institutional vandalism if the damage to the property
24 exceeds $300.
25 (N) A Class 3 felony violation of paragraph (1) of
26 subsection (a) of Section 2 of the Firearm Owners

HB3235- 104 -LRB100 08746 RLC 21552 b
1 Identification Card Act.
2 (O) A violation of Section 12-6.1 or 12-6.5 of the
3 Criminal Code of 1961 or the Criminal Code of 2012.
4 (P) A violation of paragraph (1), (2), (3), (4), (5),
5 or (7) of subsection (a) of Section 11-20.1 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 (Q) A violation of subsection (b) or (b-5) of Section
8 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
9 Code of 1961 or the Criminal Code of 2012.
10 (R) A violation of Section 24-3A of the Criminal Code
11 of 1961 or the Criminal Code of 2012.
12 (S) (Blank).
13 (T) (Blank). A second or subsequent violation of the
14 Methamphetamine Control and Community Protection Act.
15 (U) A second or subsequent violation of Section 6-303
16 of the Illinois Vehicle Code committed while his or her
17 driver's license, permit, or privilege was revoked because
18 of a violation of Section 9-3 of the Criminal Code of 1961
19 or the Criminal Code of 2012, relating to the offense of
20 reckless homicide, or a similar provision of a law of
21 another state.
22 (V) A violation of paragraph (4) of subsection (c) of
23 Section 11-20.1B or paragraph (4) of subsection (c) of
24 Section 11-20.3 of the Criminal Code of 1961, or paragraph
25 (6) of subsection (a) of Section 11-20.1 of the Criminal
26 Code of 2012 when the victim is under 13 years of age and

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1 the defendant has previously been convicted under the laws
2 of this State or any other state of the offense of child
3 pornography, aggravated child pornography, aggravated
4 criminal sexual abuse, aggravated criminal sexual assault,
5 predatory criminal sexual assault of a child, or any of the
6 offenses formerly known as rape, deviate sexual assault,
7 indecent liberties with a child, or aggravated indecent
8 liberties with a child where the victim was under the age
9 of 18 years or an offense that is substantially equivalent
10 to those offenses.
11 (W) A violation of Section 24-3.5 of the Criminal Code
12 of 1961 or the Criminal Code of 2012.
13 (X) A violation of subsection (a) of Section 31-1a of
14 the Criminal Code of 1961 or the Criminal Code of 2012.
15 (Y) A conviction for unlawful possession of a firearm
16 by a street gang member when the firearm was loaded or
17 contained firearm ammunition.
18 (Z) A Class 1 felony committed while he or she was
19 serving a term of probation or conditional discharge for a
20 felony.
21 (AA) Theft of property exceeding $500,000 and not
22 exceeding $1,000,000 in value.
23 (BB) Laundering of criminally derived property of a
24 value exceeding $500,000.
25 (CC) Knowingly selling, offering for sale, holding for
26 sale, or using 2,000 or more counterfeit items or

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1 counterfeit items having a retail value in the aggregate of
2 $500,000 or more.
3 (DD) A conviction for aggravated assault under
4 paragraph (6) of subsection (c) of Section 12-2 of the
5 Criminal Code of 1961 or the Criminal Code of 2012 if the
6 firearm is aimed toward the person against whom the firearm
7 is being used.
8 (EE) A conviction for a violation of paragraph (2) of
9 subsection (a) of Section 24-3B of the Criminal Code of
10 2012.
11 (3) (Blank).
12 (4) A minimum term of imprisonment of not less than 10
13consecutive days or 30 days of community service shall be
14imposed for a violation of paragraph (c) of Section 6-303 of
15the Illinois Vehicle Code.
16 (4.1) (Blank).
17 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
18this subsection (c), a minimum of 100 hours of community
19service shall be imposed for a second violation of Section
206-303 of the Illinois Vehicle Code.
21 (4.3) A minimum term of imprisonment of 30 days or 300
22hours of community service, as determined by the court, shall
23be imposed for a second violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25 (4.4) Except as provided in paragraphs (4.5), (4.6), and
26(4.9) of this subsection (c), a minimum term of imprisonment of

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130 days or 300 hours of community service, as determined by the
2court, shall be imposed for a third or subsequent violation of
3Section 6-303 of the Illinois Vehicle Code.
4 (4.5) A minimum term of imprisonment of 30 days shall be
5imposed for a third violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7 (4.6) Except as provided in paragraph (4.10) of this
8subsection (c), a minimum term of imprisonment of 180 days
9shall be imposed for a fourth or subsequent violation of
10subsection (c) of Section 6-303 of the Illinois Vehicle Code.
11 (4.7) A minimum term of imprisonment of not less than 30
12consecutive days, or 300 hours of community service, shall be
13imposed for a violation of subsection (a-5) of Section 6-303 of
14the Illinois Vehicle Code, as provided in subsection (b-5) of
15that Section.
16 (4.8) A mandatory prison sentence shall be imposed for a
17second violation of subsection (a-5) of Section 6-303 of the
18Illinois Vehicle Code, as provided in subsection (c-5) of that
19Section. The person's driving privileges shall be revoked for a
20period of not less than 5 years from the date of his or her
21release from prison.
22 (4.9) A mandatory prison sentence of not less than 4 and
23not more than 15 years shall be imposed for a third violation
24of subsection (a-5) of Section 6-303 of the Illinois Vehicle
25Code, as provided in subsection (d-2.5) of that Section. The
26person's driving privileges shall be revoked for the remainder

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1of his or her life.
2 (4.10) A mandatory prison sentence for a Class 1 felony
3shall be imposed, and the person shall be eligible for an
4extended term sentence, for a fourth or subsequent violation of
5subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
6as provided in subsection (d-3.5) of that Section. The person's
7driving privileges shall be revoked for the remainder of his or
8her life.
9 (5) The court may sentence a corporation or unincorporated
10association convicted of any offense to:
11 (A) a period of conditional discharge;
12 (B) a fine;
13 (C) make restitution to the victim under Section 5-5-6
14 of this Code.
15 (5.1) In addition to any other penalties imposed, and
16except as provided in paragraph (5.2) or (5.3), a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for at least 90 days but not
20more than one year, if the violation resulted in damage to the
21property of another person.
22 (5.2) In addition to any other penalties imposed, and
23except as provided in paragraph (5.3), a person convicted of
24violating subsection (c) of Section 11-907 of the Illinois
25Vehicle Code shall have his or her driver's license, permit, or
26privileges suspended for at least 180 days but not more than 2

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1years, if the violation resulted in injury to another person.
2 (5.3) In addition to any other penalties imposed, a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for 2 years, if the violation
6resulted in the death of another person.
7 (5.4) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code shall have his or her driver's license, permit, or
10privileges suspended for 3 months and until he or she has paid
11a reinstatement fee of $100.
12 (5.5) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code during a period in which his or her driver's license,
15permit, or privileges were suspended for a previous violation
16of that Section shall have his or her driver's license, permit,
17or privileges suspended for an additional 6 months after the
18expiration of the original 3-month suspension and until he or
19she has paid a reinstatement fee of $100.
20 (6) (Blank).
21 (7) (Blank).
22 (8) (Blank).
23 (9) A defendant convicted of a second or subsequent offense
24of ritualized abuse of a child may be sentenced to a term of
25natural life imprisonment.
26 (10) (Blank).

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1 (11) The court shall impose a minimum fine of $1,000 for a
2first offense and $2,000 for a second or subsequent offense
3upon a person convicted of or placed on supervision for battery
4when the individual harmed was a sports official or coach at
5any level of competition and the act causing harm to the sports
6official or coach occurred within an athletic facility or
7within the immediate vicinity of the athletic facility at which
8the sports official or coach was an active participant of the
9athletic contest held at the athletic facility. For the
10purposes of this paragraph (11), "sports official" means a
11person at an athletic contest who enforces the rules of the
12contest, such as an umpire or referee; "athletic facility"
13means an indoor or outdoor playing field or recreational area
14where sports activities are conducted; and "coach" means a
15person recognized as a coach by the sanctioning authority that
16conducted the sporting event.
17 (12) A person may not receive a disposition of court
18supervision for a violation of Section 5-16 of the Boat
19Registration and Safety Act if that person has previously
20received a disposition of court supervision for a violation of
21that Section.
22 (13) A person convicted of or placed on court supervision
23for an assault or aggravated assault when the victim and the
24offender are family or household members as defined in Section
25103 of the Illinois Domestic Violence Act of 1986 or convicted
26of domestic battery or aggravated domestic battery may be

HB3235- 111 -LRB100 08746 RLC 21552 b
1required to attend a Partner Abuse Intervention Program under
2protocols set forth by the Illinois Department of Human
3Services under such terms and conditions imposed by the court.
4The costs of such classes shall be paid by the offender.
5 (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of the
8Unified Code of Corrections which may include evidence of the
9defendant's life, moral character and occupation during the
10time since the original sentence was passed. The trial court
11shall then impose sentence upon the defendant. The trial court
12may impose any sentence which could have been imposed at the
13original trial subject to Section 5-5-4 of the Unified Code of
14Corrections. If a sentence is vacated on appeal or on
15collateral attack due to the failure of the trier of fact at
16trial to determine beyond a reasonable doubt the existence of a
17fact (other than a prior conviction) necessary to increase the
18punishment for the offense beyond the statutory maximum
19otherwise applicable, either the defendant may be re-sentenced
20to a term within the range otherwise provided or, if the State
21files notice of its intention to again seek the extended
22sentence, the defendant shall be afforded a new trial.
23 (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25Code of 1961 or the Criminal Code of 2012 results in conviction
26of a defendant who was a family member of the victim at the

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1time of the commission of the offense, the court shall consider
2the safety and welfare of the victim and may impose a sentence
3of probation only where:
4 (1) the court finds (A) or (B) or both are appropriate:
5 (A) the defendant is willing to undergo a court
6 approved counseling program for a minimum duration of 2
7 years; or
8 (B) the defendant is willing to participate in a
9 court approved plan including but not limited to the
10 defendant's:
11 (i) removal from the household;
12 (ii) restricted contact with the victim;
13 (iii) continued financial support of the
14 family;
15 (iv) restitution for harm done to the victim;
16 and
17 (v) compliance with any other measures that
18 the court may deem appropriate; and
19 (2) the court orders the defendant to pay for the
20 victim's counseling services, to the extent that the court
21 finds, after considering the defendant's income and
22 assets, that the defendant is financially capable of paying
23 for such services, if the victim was under 18 years of age
24 at the time the offense was committed and requires
25 counseling as a result of the offense.
26 Probation may be revoked or modified pursuant to Section

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15-6-4; except where the court determines at the hearing that
2the defendant violated a condition of his or her probation
3restricting contact with the victim or other family members or
4commits another offense with the victim or other family
5members, the court shall revoke the defendant's probation and
6impose a term of imprisonment.
7 For the purposes of this Section, "family member" and
8"victim" shall have the meanings ascribed to them in Section
911-0.1 of the Criminal Code of 2012.
10 (f) (Blank).
11 (g) Whenever a defendant is convicted of an offense under
12Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1311-14.3, 11-14.4 except for an offense that involves keeping a
14place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the defendant shall undergo medical
18testing to determine whether the defendant has any sexually
19transmissible disease, including a test for infection with
20human immunodeficiency virus (HIV) or any other identified
21causative agent of acquired immunodeficiency syndrome (AIDS).
22Any such medical test shall be performed only by appropriately
23licensed medical practitioners and may include an analysis of
24any bodily fluids as well as an examination of the defendant's
25person. Except as otherwise provided by law, the results of
26such test shall be kept strictly confidential by all medical

HB3235- 114 -LRB100 08746 RLC 21552 b
1personnel involved in the testing and must be personally
2delivered in a sealed envelope to the judge of the court in
3which the conviction was entered for the judge's inspection in
4camera. Acting in accordance with the best interests of the
5victim and the public, the judge shall have the discretion to
6determine to whom, if anyone, the results of the testing may be
7revealed. The court shall notify the defendant of the test
8results. The court shall also notify the victim if requested by
9the victim, and if the victim is under the age of 15 and if
10requested by the victim's parents or legal guardian, the court
11shall notify the victim's parents or legal guardian of the test
12results. The court shall provide information on the
13availability of HIV testing and counseling at Department of
14Public Health facilities to all parties to whom the results of
15the testing are revealed and shall direct the State's Attorney
16to provide the information to the victim when possible. A
17State's Attorney may petition the court to obtain the results
18of any HIV test administered under this Section, and the court
19shall grant the disclosure if the State's Attorney shows it is
20relevant in order to prosecute a charge of criminal
21transmission of HIV under Section 12-5.01 or 12-16.2 of the
22Criminal Code of 1961 or the Criminal Code of 2012 against the
23defendant. The court shall order that the cost of any such test
24shall be paid by the county and may be taxed as costs against
25the convicted defendant.
26 (g-5) When an inmate is tested for an airborne communicable

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1disease, as determined by the Illinois Department of Public
2Health including but not limited to tuberculosis, the results
3of the test shall be personally delivered by the warden or his
4or her designee in a sealed envelope to the judge of the court
5in which the inmate must appear for the judge's inspection in
6camera if requested by the judge. Acting in accordance with the
7best interests of those in the courtroom, the judge shall have
8the discretion to determine what if any precautions need to be
9taken to prevent transmission of the disease in the courtroom.
10 (h) Whenever a defendant is convicted of an offense under
11Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
12defendant shall undergo medical testing to determine whether
13the defendant has been exposed to human immunodeficiency virus
14(HIV) or any other identified causative agent of acquired
15immunodeficiency syndrome (AIDS). Except as otherwise provided
16by law, the results of such test shall be kept strictly
17confidential by all medical personnel involved in the testing
18and must be personally delivered in a sealed envelope to the
19judge of the court in which the conviction was entered for the
20judge's inspection in camera. Acting in accordance with the
21best interests of the public, the judge shall have the
22discretion to determine to whom, if anyone, the results of the
23testing may be revealed. The court shall notify the defendant
24of a positive test showing an infection with the human
25immunodeficiency virus (HIV). The court shall provide
26information on the availability of HIV testing and counseling

HB3235- 116 -LRB100 08746 RLC 21552 b
1at Department of Public Health facilities to all parties to
2whom the results of the testing are revealed and shall direct
3the State's Attorney to provide the information to the victim
4when possible. A State's Attorney may petition the court to
5obtain the results of any HIV test administered under this
6Section, and the court shall grant the disclosure if the
7State's Attorney shows it is relevant in order to prosecute a
8charge of criminal transmission of HIV under Section 12-5.01 or
912-16.2 of the Criminal Code of 1961 or the Criminal Code of
102012 against the defendant. The court shall order that the cost
11of any such test shall be paid by the county and may be taxed as
12costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section for
14any violation of Chapters 3, 4, 6, and 11 of the Illinois
15Vehicle Code, or a similar provision of a local ordinance, and
16any violation of the Child Passenger Protection Act, or a
17similar provision of a local ordinance, shall be collected and
18disbursed by the circuit clerk as provided under Section 27.5
19of the Clerks of Courts Act.
20 (j) In cases when prosecution for any violation of Section
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
26Code of 2012, any violation of the Illinois Controlled

HB3235- 117 -LRB100 08746 RLC 21552 b
1Substances Act, any violation of the Cannabis Control Act, or
2any violation of the Methamphetamine Control and Community
3Protection Act results in conviction, a disposition of court
4supervision, or an order of probation granted under Section 10
5of the Cannabis Control Act, Section 410 of the Illinois
6Controlled Substances Act, or Section 70 of the Methamphetamine
7Control and Community Protection Act of a defendant, the court
8shall determine whether the defendant is employed by a facility
9or center as defined under the Child Care Act of 1969, a public
10or private elementary or secondary school, or otherwise works
11with children under 18 years of age on a daily basis. When a
12defendant is so employed, the court shall order the Clerk of
13the Court to send a copy of the judgment of conviction or order
14of supervision or probation to the defendant's employer by
15certified mail. If the employer of the defendant is a school,
16the Clerk of the Court shall direct the mailing of a copy of
17the judgment of conviction or order of supervision or probation
18to the appropriate regional superintendent of schools. The
19regional superintendent of schools shall notify the State Board
20of Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is convicted
22of a felony and who has not been previously convicted of a
23misdemeanor or felony and who is sentenced to a term of
24imprisonment in the Illinois Department of Corrections shall as
25a condition of his or her sentence be required by the court to
26attend educational courses designed to prepare the defendant

HB3235- 118 -LRB100 08746 RLC 21552 b
1for a high school diploma and to work toward a high school
2diploma or to work toward passing high school equivalency
3testing or to work toward completing a vocational training
4program offered by the Department of Corrections. If a
5defendant fails to complete the educational training required
6by his or her sentence during the term of incarceration, the
7Prisoner Review Board shall, as a condition of mandatory
8supervised release, require the defendant, at his or her own
9expense, to pursue a course of study toward a high school
10diploma or passage of high school equivalency testing. The
11Prisoner Review Board shall revoke the mandatory supervised
12release of a defendant who wilfully fails to comply with this
13subsection (j-5) upon his or her release from confinement in a
14penal institution while serving a mandatory supervised release
15term; however, the inability of the defendant after making a
16good faith effort to obtain financial aid or pay for the
17educational training shall not be deemed a wilful failure to
18comply. The Prisoner Review Board shall recommit the defendant
19whose mandatory supervised release term has been revoked under
20this subsection (j-5) as provided in Section 3-3-9. This
21subsection (j-5) does not apply to a defendant who has a high
22school diploma or has successfully passed high school
23equivalency testing. This subsection (j-5) does not apply to a
24defendant who is determined by the court to be a person with a
25developmental disability or otherwise mentally incapable of
26completing the educational or vocational program.

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1 (k) (Blank).
2 (l) (A) Except as provided in paragraph (C) of subsection
3(l), whenever a defendant, who is an alien as defined by the
4Immigration and Nationality Act, is convicted of any felony or
5misdemeanor offense, the court after sentencing the defendant
6may, upon motion of the State's Attorney, hold sentence in
7abeyance and remand the defendant to the custody of the
8Attorney General of the United States or his or her designated
9agent to be deported when:
10 (1) a final order of deportation has been issued
11 against the defendant pursuant to proceedings under the
12 Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct and
15 would not be inconsistent with the ends of justice.
16 Otherwise, the defendant shall be sentenced as provided in
17this Chapter V.
18 (B) If the defendant has already been sentenced for a
19felony or misdemeanor offense, or has been placed on probation
20under Section 10 of the Cannabis Control Act, Section 410 of
21the Illinois Controlled Substances Act, or Section 70 of the
22Methamphetamine Control and Community Protection Act, the
23court may, upon motion of the State's Attorney to suspend the
24sentence imposed, commit the defendant to the custody of the
25Attorney General of the United States or his or her designated
26agent when:

HB3235- 120 -LRB100 08746 RLC 21552 b
1 (1) a final order of deportation has been issued
2 against the defendant pursuant to proceedings under the
3 Immigration and Nationality Act, and
4 (2) the deportation of the defendant would not
5 deprecate the seriousness of the defendant's conduct and
6 would not be inconsistent with the ends of justice.
7 (C) This subsection (l) does not apply to offenders who are
8subject to the provisions of paragraph (2) of subsection (a) of
9Section 3-6-3.
10 (D) Upon motion of the State's Attorney, if a defendant
11sentenced under this Section returns to the jurisdiction of the
12United States, the defendant shall be recommitted to the
13custody of the county from which he or she was sentenced.
14Thereafter, the defendant shall be brought before the
15sentencing court, which may impose any sentence that was
16available under Section 5-5-3 at the time of initial
17sentencing. In addition, the defendant shall not be eligible
18for additional sentence credit for good conduct as provided
19under Section 3-6-3.
20 (m) A person convicted of criminal defacement of property
21under Section 21-1.3 of the Criminal Code of 1961 or the
22Criminal Code of 2012, in which the property damage exceeds
23$300 and the property damaged is a school building, shall be
24ordered to perform community service that may include cleanup,
25removal, or painting over the defacement.
26 (n) The court may sentence a person convicted of a

HB3235- 121 -LRB100 08746 RLC 21552 b
1violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3of 1961 or the Criminal Code of 2012 (i) to an impact
4incarceration program if the person is otherwise eligible for
5that program under Section 5-8-1.1, (ii) to community service,
6or (iii) if the person is an addict or alcoholic, as defined in
7the Alcoholism and Other Drug Abuse and Dependency Act, to a
8substance or alcohol abuse program licensed under that Act.
9 (o) Whenever a person is convicted of a sex offense as
10defined in Section 2 of the Sex Offender Registration Act, the
11defendant's driver's license or permit shall be subject to
12renewal on an annual basis in accordance with the provisions of
13license renewal established by the Secretary of State.
14(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1599-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
16 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
17 Sec. 5-8-2. Extended Term.
18 (a) A judge shall not sentence an offender to a term of
19imprisonment in excess of the maximum sentence authorized by
20Article 4.5 of Chapter V for an offense or offenses within the
21class of the most serious offense of which the offender was
22convicted unless the factors in aggravation set forth in
23Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found
24to be present. If the pre-trial and trial proceedings were
25conducted in compliance with subsection (c-5) of Section 111-3

HB3235- 122 -LRB100 08746 RLC 21552 b
1of the Code of Criminal Procedure of 1963, the judge may
2sentence an offender to an extended term as provided in Article
34.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
4 (b) If the conviction was by plea, it shall appear on the
5record that the plea was entered with the defendant's knowledge
6that a sentence under this Section was a possibility. If it
7does not so appear on the record, the defendant shall not be
8subject to such a sentence unless he is first given an
9opportunity to withdraw his plea without prejudice.
10 (c) An extended term as provided in Article 4.5 of Chapter
11V of this Code shall not be imposed for a violation of the
12Cannabis Control Act, the Illinois Controlled Substances Act,
13or the Methamphetamine Control and Community Protection Act.
14(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)

HB3235- 123 -LRB100 08746 RLC 21552 b
1 INDEX
2 Statutes amended in order of appearance
3 720 ILCS 550/4from Ch. 56 1/2, par. 704
4 720 ILCS 550/5from Ch. 56 1/2, par. 705
5 720 ILCS 550/5.1from Ch. 56 1/2, par. 705.1
6 720 ILCS 550/5.2from Ch. 56 1/2, par. 705.2
7 720 ILCS 550/7from Ch. 56 1/2, par. 707
8 720 ILCS 550/8from Ch. 56 1/2, par. 708
9 720 ILCS 550/9 rep.
10 720 ILCS 570/401from Ch. 56 1/2, par. 1401
11 720 ILCS 570/401.1from Ch. 56 1/2, par. 1401.1
12 720 ILCS 570/402from Ch. 56 1/2, par. 1402
13 720 ILCS 570/404from Ch. 56 1/2, par. 1404
14 720 ILCS 570/405.2
15 720 ILCS 570/407from Ch. 56 1/2, par. 1407
16 720 ILCS 570/407.1from Ch. 56 1/2, par. 1407.1
17 720 ILCS 570/407.2from Ch. 56 1/2, par. 1407.2
18 720 ILCS 570/405 rep.
19 720 ILCS 570/405.1 rep.
20 720 ILCS 570/408 rep.
21 720 ILCS 600/3.5
22 720 ILCS 646/15
23 720 ILCS 646/20
24 720 ILCS 646/25
25 720 ILCS 646/30

HB3235- 124 -LRB100 08746 RLC 21552 b