Rep. Daniel V. Beiser
Filed: 3/27/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4093




2 AMENDMENT NO. ______. Amend House Bill 4093, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Methamphetamine Control and Community 
6Protection Act is amended by changing Section 15 as follows:

7 (720 ILCS 646/15)
8 Sec. 15. Participation in methamphetamine manufacturing. 
9 (a) Participation in methamphetamine manufacturing.

10  (1) It is unlawful to knowingly participate in the 
11 manufacture of methamphetamine with the intent that 
12 methamphetamine or a substance containing methamphetamine 
13 be produced.

14  (2) A person who violates paragraph (1) of this 
15 subsection (a) is subject to the following penalties:

16   (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 
3 felony.

4   (B) A person who participates in the manufacture of 
5 15 or more grams but less than 100 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 6 years and 
9 not more than 30 years, and subject to a fine not to 
10 exceed $100,000 or the street value of the 
11 methamphetamine manufactured, whichever is greater.

12   (C) A person who participates in the manufacture of 
13 100 or more grams but less than 400 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 9 years and 
17 not more than 40 years, and subject to a fine not to 
18 exceed $200,000 or the street value of the 
19 methamphetamine manufactured, whichever is greater.

20   (D) A person who participates in the manufacture of 
21 400 or more grams but less than 900 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 12 years and 
25 not more than 50 years, and subject to a fine not to 
26 exceed $300,000 or the street value of the 
 
 
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1 methamphetamine manufactured, whichever is greater.

2   (E) A person who participates in the manufacture of 
3 900 grams or more of methamphetamine or a substance 
4 containing methamphetamine is guilty of a Class X 
5 felony, subject to a term of imprisonment of not less 
6 than 15 years and not more than 60 years, and subject 
7 to a fine not to exceed $400,000 or the street value of 
8 the 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 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 X felony, subject 
11 to a term of imprisonment of not less than 9 years and 
12 not more than 40 years, and subject to a fine not to 
13 exceed $200,000 or the street value of the 
14 methamphetamine, whichever is greater.

15   (C) A person who participates in the manufacture of 
16 100 or more grams but less than 400 grams of 
17 methamphetamine or a substance containing 
18 methamphetamine is guilty of a Class X felony, subject 
19 to a term of imprisonment of not less than 12 years and 
20 not more than 50 years, and subject to a fine not to 
21 exceed $300,000 or the street value of the 
22 methamphetamine, whichever is greater.

23   (D) A person who participates in the manufacture of 
24 400 grams or more of methamphetamine or a substance 
25 containing methamphetamine is guilty of a Class X 
26 felony, subject to a term of imprisonment of not less 
 
 
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1 than 15 years and not more than 60 years, and subject 
2 to a fine not to exceed $400,000 or the street value of 
3 the methamphetamine, whichever is greater.


4(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 
595-571, eff. 6-1-08.)".