Bill Text: IL HB4093 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful sale of public conveyance travel tickets to a minor.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0980 [HB4093 Detail]

Download: Illinois-2013-HB4093-Engrossed.html



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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 Methamphetamine Control and Community
5Protection Act is amended by changing Section 15 as follows:
6 (720 ILCS 646/15)
7 Sec. 15. Participation in methamphetamine manufacturing.
8 (a) Participation in methamphetamine manufacturing.
9 (1) It is unlawful to knowingly participate in the
10 manufacture of methamphetamine with the intent that
11 methamphetamine or a substance containing methamphetamine
12 be produced.
13 (2) A person who violates paragraph (1) of this
14 subsection (a) is subject to the following penalties:
15 (A) A person who participates in the manufacture of
16 less than 15 grams of methamphetamine or a substance
17 containing methamphetamine is guilty of a Class 1
18 felony.
19 (B) A person who participates in the manufacture of
20 15 or more grams but less than 100 grams of
21 methamphetamine or a substance containing
22 methamphetamine is guilty of a Class X felony, subject
23 to a term of imprisonment of not less than 6 years and

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

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1 (b) Aggravated participation in methamphetamine
2manufacturing.
3 (1) It is unlawful to engage in aggravated
4 participation in the manufacture of methamphetamine. A
5 person engages in aggravated participation in the
6 manufacture of methamphetamine when the person violates
7 paragraph (1) of subsection (a) and:
8 (A) the person knowingly does so in a multi-unit
9 dwelling;
10 (B) the person knowingly does so in a structure or
11 vehicle where a child under the age of 18, a person
12 with a disability, or a person 60 years of age or older
13 who is incapable of adequately providing for his or her
14 own health and personal care resides, is present, or is
15 endangered by the manufacture of methamphetamine;
16 (C) the person does so in a structure or vehicle
17 where a woman the person knows to be pregnant
18 (including but not limited to the person herself)
19 resides, is present, or is endangered by the
20 methamphetamine manufacture;
21 (D) the person knowingly does so in a structure or
22 vehicle protected by one or more firearms, explosive
23 devices, booby traps, alarm systems, surveillance
24 systems, guard dogs, or dangerous animals;
25 (E) the methamphetamine manufacturing in which the
26 person participates is a contributing cause of the

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1 death, serious bodily injury, disability, or
2 disfigurement of another person, including but not
3 limited to an emergency service provider;
4 (F) the methamphetamine manufacturing in which the
5 person participates is a contributing cause of a fire
6 or explosion that damages property belonging to
7 another person;
8 (G) the person knowingly organizes, directs, or
9 finances the methamphetamine manufacturing or
10 activities carried out in support of the
11 methamphetamine manufacturing; or
12 (H) the methamphetamine manufacturing occurs
13 within 1,000 feet of a place of worship or parsonage,
14 or within 1,000 feet of the real property comprising
15 any school.
16 (2) A person who violates paragraph (1) of this
17 subsection (b) is subject to the following penalties:
18 (A) A person who participates in the manufacture of
19 less than 15 grams of methamphetamine or a substance
20 containing methamphetamine is guilty of a Class X
21 felony, subject to a term of imprisonment of not less
22 than 6 years and not more than 30 years, and subject to
23 a fine not to exceed $100,000 or the street value of
24 the methamphetamine, whichever is greater.
25 (B) A person who participates in the manufacture of
26 15 or more grams but less than 100 grams of

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1 methamphetamine or a substance containing
2 methamphetamine is guilty of a Class X felony, subject
3 to a term of imprisonment of not less than 9 years and
4 not more than 40 years, and subject to a fine not to
5 exceed $200,000 or the street value of the
6 methamphetamine, whichever is greater.
7 (C) A person who participates in the manufacture of
8 100 or more grams but less than 400 grams of
9 methamphetamine or a substance containing
10 methamphetamine is guilty of a Class X felony, subject
11 to a term of imprisonment of not less than 12 years and
12 not more than 50 years, and subject to a fine not to
13 exceed $300,000 or the street value of the
14 methamphetamine, whichever is greater.
15 (D) A person who participates in the manufacture of
16 400 grams or more of methamphetamine or a substance
17 containing methamphetamine is guilty of a Class X
18 felony, subject to a term of imprisonment of not less
19 than 15 years and not more than 60 years, and subject
20 to a fine not to exceed $400,000 or the street value of
21 the methamphetamine, whichever is greater.
22(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
2395-571, eff. 6-1-08.)
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