Bill Text: IL HB4342 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. For drug offenses that occur in protected places, provides that the distance away from the protected place shall be 500 feet in a county with a population of 3,000,000 or more or 1,000 feet in any other county.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4342 Detail]
Download: Illinois-2017-HB4342-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Cannabis Control Act is amended by changing | ||||||||||||||||||||||||||||
5 | Section 5.2 as follows:
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6 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
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7 | Sec. 5.2. Delivery of cannabis on school grounds.
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8 | (a) Any person who violates subsection (e) of Section 5 in | ||||||||||||||||||||||||||||
9 | any school,
on the real property comprising any school, or any | ||||||||||||||||||||||||||||
10 | conveyance owned, leased
or contracted by a school to transport | ||||||||||||||||||||||||||||
11 | students to or from school or a
school related activity, or on | ||||||||||||||||||||||||||||
12 | any public way within
500 feet in a county with a population of | ||||||||||||||||||||||||||||
13 | 3,000,000 or more or within 1,000 feet in any other county of | ||||||||||||||||||||||||||||
14 | the real property comprising any school, or in any conveyance
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15 | owned, leased or contracted by a school to transport students | ||||||||||||||||||||||||||||
16 | to or from
school or a school related activity, and at the time | ||||||||||||||||||||||||||||
17 | of the violation persons under the age of 18 are present, the | ||||||||||||||||||||||||||||
18 | offense is committed during school hours, or the offense is | ||||||||||||||||||||||||||||
19 | committed at times when persons under the age of 18 are | ||||||||||||||||||||||||||||
20 | reasonably expected to be present in the school, in the | ||||||||||||||||||||||||||||
21 | conveyance, on the real property, or on the public way, such as | ||||||||||||||||||||||||||||
22 | when after-school activities are occurring, is guilty of a | ||||||||||||||||||||||||||||
23 | Class
1 felony, the fine for which shall not exceed $200,000;
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1 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
2 | any school,
on the real property comprising any school, or any | ||||||
3 | conveyance owned, leased
or contracted by a school to transport | ||||||
4 | students to or from school or a
school related activity, or on | ||||||
5 | any public way within 500 feet in a county with a population of | ||||||
6 | 3,000,000 or more or within 1,000 feet in any other county of | ||||||
7 | the real
property comprising any school, or in any conveyance | ||||||
8 | owned, leased or
contracted by a school to transport students | ||||||
9 | to or from school or a school
related activity, and at the time | ||||||
10 | of the violation persons under the age of 18 are present, the | ||||||
11 | offense is committed during school hours, or the offense is | ||||||
12 | committed at times when persons under the age of 18 are | ||||||
13 | reasonably expected to be present in the school, in the | ||||||
14 | conveyance, on the real property, or on the public way, such as | ||||||
15 | when after-school activities are occurring, is guilty of a | ||||||
16 | Class 2 felony, the fine for which shall
not exceed $100,000;
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17 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
18 | any school,
on the real property comprising any school, or any | ||||||
19 | conveyance owned, leased
or contracted by a school to transport | ||||||
20 | students to or from school or a
school related activity, or on | ||||||
21 | any public way within 500 feet in a county with a population of | ||||||
22 | 3,000,000 or more or within 1,000 feet in any other county of | ||||||
23 | the real
property comprising any school, or in any conveyance | ||||||
24 | owned, leased or
contracted by a school to transport students | ||||||
25 | to or from school or a school
related activity, and at the time | ||||||
26 | of the violation persons under the age of 18 are present, the |
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1 | offense is committed during school hours, or the offense is | ||||||
2 | committed at times when persons under the age of 18 are | ||||||
3 | reasonably expected to be present in the school, in the | ||||||
4 | conveyance, on the real property, or on the public way, such as | ||||||
5 | when after-school activities are occurring, is guilty of a | ||||||
6 | Class 3 felony, the fine for which shall
not exceed $50,000;
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7 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
8 | any school,
on the real property comprising any school, or any | ||||||
9 | conveyance owned, leased
or contracted by a school to transport | ||||||
10 | students to or from school or a
school related activity, or on | ||||||
11 | any public way within 500 feet of in a county with a population | ||||||
12 | of 3,000,000 or more or within 1,000 feet in any other county | ||||||
13 | the real
property comprising any school, or in any conveyance | ||||||
14 | owned, leased or
contracted by a school to transport students | ||||||
15 | to or from school or a school
related activity, and at the time | ||||||
16 | of the violation persons under the age of 18 are present, the | ||||||
17 | offense is committed during school hours, or the offense is | ||||||
18 | committed at times when persons under the age of 18 are | ||||||
19 | reasonably expected to be present in the school, in the | ||||||
20 | conveyance, on the real property, or on the public way, such as | ||||||
21 | when after-school activities are occurring, is guilty of a | ||||||
22 | Class 4 felony, the fine for which shall
not exceed $25,000;
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23 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
24 | any school,
on the real property comprising any school, or in | ||||||
25 | any conveyance owned, leased
or contracted by a school to | ||||||
26 | transport students to or from school or a
school related |
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1 | activity, on any public way within 500 feet in a county with a | ||||||
2 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
3 | other county of the real
property comprising any school, or any | ||||||
4 | conveyance owned, leased or
contracted by a school to transport | ||||||
5 | students to or from school or a school
related activity, and at | ||||||
6 | the time of the violation persons under the age of 18 are | ||||||
7 | present, the offense is committed during school hours, or the | ||||||
8 | offense is committed at times when persons under the age of 18 | ||||||
9 | are reasonably expected to be present in the school, in the | ||||||
10 | conveyance, on the real property, or on the public way, such as | ||||||
11 | when after-school activities are occurring, is guilty of a | ||||||
12 | Class A misdemeanor.
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13 | (Source: P.A. 100-3, eff. 1-1-18 .)
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14 | Section 10. The Illinois Controlled Substances Act is | ||||||
15 | amended by changing Section 407 as follows:
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16 | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
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17 | Sec. 407. (a)(1)(A) Any person 18 years of age or over who | ||||||
18 | violates any
subsection of Section 401 or subsection (b) of | ||||||
19 | Section 404 by delivering a
controlled, counterfeit or | ||||||
20 | look-alike substance to a person under 18 years
of age may be | ||||||
21 | sentenced to imprisonment for a term up to twice the maximum
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22 | term and fined an amount up to twice that amount otherwise | ||||||
23 | authorized by
the pertinent subsection of Section 401 and | ||||||
24 | Subsection (b) of Section 404.
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1 | (B) (Blank).
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2 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
3 | any person
who violates:
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4 | (A) subsection (c) 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 | 500 feet in a county with a population of 3,000,000 or more | ||||||
8 | or within 1,000 feet in any other county of, a truck stop | ||||||
9 | or safety rest area, is guilty of
a Class 1 felony, the | ||||||
10 | fine for which shall not exceed $250,000;
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11 | (B) subsection (d) of Section 401 by delivering or | ||||||
12 | possessing with
intent to deliver a controlled, | ||||||
13 | counterfeit, or look-alike substance in or
on, or within | ||||||
14 | 500 feet in a county with a population of 3,000,000 or more | ||||||
15 | or within 1,000 feet in any other county of, a truck stop | ||||||
16 | or safety rest area, is guilty of
a Class 2 felony, the | ||||||
17 | fine for which shall not exceed $200,000;
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18 | (C) subsection (e) of Section 401 or subsection (b) of | ||||||
19 | Section 404
by delivering or possessing with intent to | ||||||
20 | deliver a controlled,
counterfeit, or look-alike substance | ||||||
21 | in or on, or within 500 feet in a county with a population | ||||||
22 | of 3,000,000 or more or within 1,000 feet in any other | ||||||
23 | county of, a
truck stop or safety rest area, is guilty of a | ||||||
24 | Class 3 felony, the fine for
which shall not exceed | ||||||
25 | $150,000;
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26 | (D) subsection (f) of Section 401 by delivering or |
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1 | possessing with
intent to deliver a controlled, | ||||||
2 | counterfeit, or look-alike substance in or
on, or within | ||||||
3 | 500 feet in a county with a population of 3,000,000 or more | ||||||
4 | or within 1,000 feet in any other county of, a truck stop | ||||||
5 | or safety rest area, is guilty of
a Class 3 felony, the | ||||||
6 | fine for which shall not exceed $125,000;
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7 | (E) subsection (g) of Section 401 by delivering or | ||||||
8 | possessing with
intent to deliver a controlled, | ||||||
9 | counterfeit, or look-alike substance in or
on, or within | ||||||
10 | 500 feet in a county with a population of 3,000,000 or more | ||||||
11 | or within 1,000 feet in any other county of, a truck stop | ||||||
12 | or safety rest area, is guilty of
a Class 3 felony, the | ||||||
13 | fine for which shall not exceed $100,000;
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14 | (F) subsection (h) of Section 401 by delivering or | ||||||
15 | possessing with
intent to deliver a controlled, | ||||||
16 | counterfeit, or look-alike substance in or
on, or within | ||||||
17 | 500 feet in a county with a population of 3,000,000 or more | ||||||
18 | or within 1,000 feet in any other county of, a truck stop | ||||||
19 | or safety rest area, is guilty of
a Class 3 felony, the | ||||||
20 | fine for which shall not exceed $75,000;
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21 | (3) Any person who violates paragraph (2) of this | ||||||
22 | subsection (a) by
delivering or possessing with intent to | ||||||
23 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
24 | or on, or within 500 feet in a county with a population of | ||||||
25 | 3,000,000 or more or within 1,000 feet in any other county of a | ||||||
26 | truck stop or a
safety rest area, following a prior conviction |
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1 | or convictions of paragraph
(2) of this subsection (a) may be | ||||||
2 | sentenced to a term of imprisonment up to
2 times the maximum | ||||||
3 | term and fined an amount up to 2 times the amount
otherwise | ||||||
4 | authorized by Section 401.
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5 | (4) For the purposes of this subsection (a):
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6 | (A) "Safety rest area" means a roadside facility | ||||||
7 | removed from the
roadway with parking and facilities | ||||||
8 | designed for motorists' rest, comfort,
and information | ||||||
9 | needs; and
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10 | (B) "Truck stop" means any facility (and its parking | ||||||
11 | areas) used to
provide fuel or service, or both, to any | ||||||
12 | commercial motor vehicle as
defined in Section 18b-101 of | ||||||
13 | the Illinois Vehicle Code.
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14 | (b) Any person who violates:
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15 | (1) subsection (c) of Section 401 in any school, on or | ||||||
16 | within 500 feet in a county with a population of 3,000,000 | ||||||
17 | or more or within 1,000 feet in any other county of the | ||||||
18 | real property comprising any school, or in any conveyance
| ||||||
19 | owned, leased or contracted by a school to transport | ||||||
20 | students to or from
school or a school related activity, | ||||||
21 | and at the time of the violation persons under the age of | ||||||
22 | 18 are present, the offense is committed during school | ||||||
23 | hours, or the offense is committed at times when persons | ||||||
24 | under the age of 18 are reasonably expected to be present | ||||||
25 | in the school, in the conveyance, or on the real property, | ||||||
26 | such as when after-school activities are occurring, or in |
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1 | any public park or on or within 500 feet in a county with a | ||||||
2 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
3 | other county of the real
property comprising any public | ||||||
4 | park, on the real property comprising any
church, | ||||||
5 | synagogue, or
other building, structure, or place used | ||||||
6 | primarily for religious worship, or
within 500 feet in a | ||||||
7 | county with a population of 3,000,000 or more or within | ||||||
8 | 1,000 feet in any other county of the real property | ||||||
9 | comprising any church, synagogue, or
other building, | ||||||
10 | structure, or place used primarily for religious worship, | ||||||
11 | on
the real property comprising any of the following | ||||||
12 | places, buildings, or
structures used primarily for | ||||||
13 | housing or providing space for activities for
senior | ||||||
14 | citizens: nursing homes, assisted-living centers, senior | ||||||
15 | citizen housing
complexes, or senior centers oriented | ||||||
16 | toward daytime activities, or within 500
feet in a county | ||||||
17 | with a population of 3,000,000 or more or within 1,000 feet | ||||||
18 | in any other county of the real property comprising any of | ||||||
19 | the following places,
buildings, or structures used | ||||||
20 | primarily for housing or providing space for
activities for | ||||||
21 | senior citizens: nursing homes, assisted-living centers, | ||||||
22 | senior
citizen housing complexes, or senior centers | ||||||
23 | oriented toward daytime activities and at the time of the | ||||||
24 | violation persons are present or reasonably expected to be | ||||||
25 | present in the church, synagogue, or other
building,
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26 | structure, or place used primarily for religious worship |
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1 | during worship services, or in buildings or structures used | ||||||
2 | primarily for housing or providing space
for activities for | ||||||
3 | senior citizens: nursing homes, assisted-living centers,
| ||||||
4 | senior citizen housing complexes, or senior centers | ||||||
5 | oriented toward daytime
activities during the hours those | ||||||
6 | places, buildings, or structures are open for those | ||||||
7 | activities, or
on the real property
is guilty of a Class X | ||||||
8 | felony, the fine for which shall not
exceed $500,000;
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9 | (2) subsection (d) of Section 401 in any school, on or | ||||||
10 | within 500 feet in a county with a population of 3,000,000 | ||||||
11 | or more or within 1,000 feet in any other county of the | ||||||
12 | real property comprising any school, or in any conveyance
| ||||||
13 | owned, leased or contracted by a school to transport | ||||||
14 | students to or from
school or a school related activity, | ||||||
15 | and at the time of the violation persons under the age of | ||||||
16 | 18 are present, the offense is committed during school | ||||||
17 | hours, or the offense is committed at times when persons | ||||||
18 | under the age of 18 are reasonably expected to be present | ||||||
19 | in the school, in the conveyance, or on the real property, | ||||||
20 | such as when after-school activities are occurring, or in | ||||||
21 | any public park or
on or within 500 feet in a county with a | ||||||
22 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
23 | other county of the real property comprising any public | ||||||
24 | park, on the real property comprising any church, | ||||||
25 | synagogue, or other
building, structure, or place used | ||||||
26 | primarily for religious worship, or
within 500 feet in a |
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1 | county with a population of 3,000,000 or more or within | ||||||
2 | 1,000 feet in any other county of the real property | ||||||
3 | comprising any church,
synagogue, or other building, | ||||||
4 | structure, or place used primarily for religious
worship, | ||||||
5 | on the real property comprising any of the following | ||||||
6 | places,
buildings, or
structures used primarily for | ||||||
7 | housing or providing space for activities for
senior | ||||||
8 | citizens: nursing homes, assisted-living centers, senior | ||||||
9 | citizen housing
complexes, or senior centers oriented | ||||||
10 | toward daytime activities, or within 500
feet in a county | ||||||
11 | with a population of 3,000,000 or more or within 1,000 feet | ||||||
12 | in any other county of the real property comprising any of | ||||||
13 | the following
places, buildings, or structures used | ||||||
14 | primarily for housing or providing space
for activities for | ||||||
15 | senior citizens: nursing homes, assisted-living centers,
| ||||||
16 | senior citizen housing complexes, or senior centers | ||||||
17 | oriented toward daytime
activities and at the time of the | ||||||
18 | violation persons are present or reasonably expected to be | ||||||
19 | present in the church, synagogue, or other
building,
| ||||||
20 | structure, or place used primarily for religious worship | ||||||
21 | during worship services, or in buildings or structures used | ||||||
22 | primarily for housing or providing space
for activities for | ||||||
23 | senior citizens: nursing homes, assisted-living centers,
| ||||||
24 | senior citizen housing complexes, or senior centers | ||||||
25 | oriented toward daytime
activities during the hours those | ||||||
26 | places, buildings, or structures are open for those |
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| |||||||
1 | activities, or
on the real property is guilty of a Class 1 | ||||||
2 | felony, the fine for which shall not exceed
$250,000;
| ||||||
3 | (3) subsection (e) of Section 401 or Subsection (b) of | ||||||
4 | Section 404 in
any school, on or within 500 feet in a | ||||||
5 | county with a population of 3,000,000 or more or within | ||||||
6 | 1,000 feet in any other county of the real property | ||||||
7 | comprising any school, or in any conveyance owned, leased | ||||||
8 | or contracted by a school to
transport students to or from | ||||||
9 | school or a school related activity, and at the time of the | ||||||
10 | violation persons under the age of 18 are present, the | ||||||
11 | offense is committed during school hours, or the offense is | ||||||
12 | committed at times when persons under the age of 18 are | ||||||
13 | reasonably expected to be present in the school, in the | ||||||
14 | conveyance, or on the real property, such as when | ||||||
15 | after-school activities are occurring, or in any public | ||||||
16 | park or on or within 500 feet in a county with a population | ||||||
17 | of 3,000,000 or more or within 1,000 feet in any other | ||||||
18 | county of the real property comprising any public park, on | ||||||
19 | the real
property comprising any church, synagogue, or | ||||||
20 | other building, structure, or
place used primarily for | ||||||
21 | religious worship, or within 500 feet in a county with a | ||||||
22 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
23 | other county of the real
property comprising any church, | ||||||
24 | synagogue, or other building, structure, or
place used | ||||||
25 | primarily for religious worship, on the real property | ||||||
26 | comprising any
of the following places, buildings, or |
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| |||||||
1 | structures used primarily for housing or
providing space | ||||||
2 | for activities for
senior citizens: nursing homes, | ||||||
3 | assisted-living centers, senior citizen housing
complexes, | ||||||
4 | or senior centers oriented toward daytime activities, or | ||||||
5 | within 500
feet in a county with a population of 3,000,000 | ||||||
6 | or more or within 1,000 feet in any other county of the | ||||||
7 | real property comprising any of the following
places, | ||||||
8 | buildings, or structures used primarily for housing or | ||||||
9 | providing space
for activities for senior citizens: | ||||||
10 | nursing homes, assisted-living centers,
senior citizen | ||||||
11 | housing complexes, or senior centers oriented toward | ||||||
12 | daytime
activities and at the time of the violation persons | ||||||
13 | are present or reasonably expected to be present in the | ||||||
14 | church, synagogue, or other
building,
structure, or place | ||||||
15 | used primarily for religious worship during worship | ||||||
16 | services, or in buildings or structures used primarily for | ||||||
17 | housing or providing space
for activities for senior | ||||||
18 | citizens: nursing homes, assisted-living centers,
senior | ||||||
19 | citizen housing complexes, or senior centers oriented | ||||||
20 | toward daytime
activities during the hours those places, | ||||||
21 | buildings, or structures are open for those activities, or
| ||||||
22 | on the real property is guilty of a Class 2 felony, the | ||||||
23 | fine for
which shall not exceed $200,000;
| ||||||
24 | (4) subsection (f) of Section 401 in any school, on or | ||||||
25 | within 500 feet in a county with a population of 3,000,000 | ||||||
26 | or more or within 1,000 feet in any other county of the |
| |||||||
| |||||||
1 | real property comprising any school, or in any conveyance
| ||||||
2 | owned, leased or contracted by a school to transport | ||||||
3 | students to or from
school or a school related activity, | ||||||
4 | and at the time of the violation persons under the age of | ||||||
5 | 18 are present, the offense is committed during school | ||||||
6 | hours, or the offense is committed at times when persons | ||||||
7 | under the age of 18 are reasonably expected to be present | ||||||
8 | in the school, in the conveyance, or on the real property, | ||||||
9 | such as when after-school activities are occurring,
or in | ||||||
10 | any public park or on or within 500 feet in a county with a | ||||||
11 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
12 | other county of the real
property comprising any public | ||||||
13 | park, on the real property comprising any church, | ||||||
14 | synagogue, or other
building,
structure, or place used | ||||||
15 | primarily for religious worship, or
within 500 feet in a | ||||||
16 | county with a population of 3,000,000 or more or within | ||||||
17 | 1,000 feet in any other county of the real property | ||||||
18 | comprising any church,
synagogue, or other building, | ||||||
19 | structure, or place used primarily for religious
worship, | ||||||
20 | on the real property comprising any of the following | ||||||
21 | places,
buildings, or
structures used primarily for | ||||||
22 | housing or providing space for activities for
senior | ||||||
23 | citizens: nursing homes, assisted-living centers, senior | ||||||
24 | citizen housing
complexes, or senior centers oriented | ||||||
25 | toward daytime activities, or within 500
feet in a county | ||||||
26 | with a population of 3,000,000 or more or within 1,000 feet |
| |||||||
| |||||||
1 | in any other county of the real property comprising any of | ||||||
2 | the following
places, buildings, or structures used | ||||||
3 | primarily for housing or providing space
for activities for | ||||||
4 | senior citizens: nursing homes, assisted-living centers,
| ||||||
5 | senior citizen housing complexes, or senior centers | ||||||
6 | oriented toward daytime
activities
and at the time of the | ||||||
7 | violation persons are present or reasonably expected to be | ||||||
8 | present in the church, synagogue, or other
building,
| ||||||
9 | structure, or place used primarily for religious worship | ||||||
10 | during worship services, or in buildings or structures used | ||||||
11 | primarily for housing or providing space
for activities for | ||||||
12 | senior citizens: nursing homes, assisted-living centers,
| ||||||
13 | senior citizen housing complexes, or senior centers | ||||||
14 | oriented toward daytime
activities during the hours those | ||||||
15 | places, buildings, or structures are open for those | ||||||
16 | activities, or
on the real property is guilty of a Class 2 | ||||||
17 | felony, the fine for which shall not exceed
$150,000;
| ||||||
18 | (5) subsection (g) of Section 401 in any school, on or | ||||||
19 | within 500 feet in a county with a population of 3,000,000 | ||||||
20 | or more or within 1,000 feet in any other county of the | ||||||
21 | real property comprising any school, or in any conveyance
| ||||||
22 | owned, leased or contracted by a school to transport | ||||||
23 | students to or from
school or a school related activity, | ||||||
24 | and at the time of the violation persons under the age of | ||||||
25 | 18 are present, the offense is committed during school | ||||||
26 | hours, or the offense is committed at times when persons |
| |||||||
| |||||||
1 | under the age of 18 are reasonably expected to be present | ||||||
2 | in the school, in the conveyance, or on the real property, | ||||||
3 | such as when after-school activities are occurring,
or in | ||||||
4 | any public park or on or within 500 feet in a county with a | ||||||
5 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
6 | other county of the real
property comprising any public | ||||||
7 | park, on the real property comprising any church, | ||||||
8 | synagogue, or other
building,
structure, or place used | ||||||
9 | primarily for religious worship, or
within 500 feet in a | ||||||
10 | county with a population of 3,000,000 or more or within | ||||||
11 | 1,000 feet in any other county of the real property | ||||||
12 | comprising any church,
synagogue, or other building, | ||||||
13 | structure, or place used primarily for religious
worship, | ||||||
14 | on the real property comprising any of the following | ||||||
15 | places,
buildings, or
structures used primarily for | ||||||
16 | housing or providing space for activities for
senior | ||||||
17 | citizens: nursing homes, assisted-living centers, senior | ||||||
18 | citizen housing
complexes, or senior centers oriented | ||||||
19 | toward daytime activities, or within 500
feet in a county | ||||||
20 | with a population of 3,000,000 or more or within 1,000 feet | ||||||
21 | in any other county of 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
and at the time of the |
| |||||||
| |||||||
1 | violation persons are present or reasonably expected to be | ||||||
2 | present in the church, synagogue, or other
building,
| ||||||
3 | structure, or place used primarily for religious worship | ||||||
4 | during worship services, or in buildings or structures used | ||||||
5 | primarily for housing or providing space
for activities for | ||||||
6 | senior citizens: nursing homes, assisted-living centers,
| ||||||
7 | senior citizen housing complexes, or senior centers | ||||||
8 | oriented toward daytime
activities during the hours those | ||||||
9 | places, buildings, or structures are open for those | ||||||
10 | activities, or
on the real property is guilty of a Class 2 | ||||||
11 | felony, the fine for which shall not exceed $125,000;
| ||||||
12 | (6) subsection (h) of Section 401 in any school, on or | ||||||
13 | within 500 feet in a county with a population of 3,000,000 | ||||||
14 | or more or within 1,000 feet in any other county of the | ||||||
15 | real property comprising any school, or in any conveyance
| ||||||
16 | owned, leased or contracted by a school to transport | ||||||
17 | students to or from
school or a school related activity, | ||||||
18 | and at the time of the violation persons under the age of | ||||||
19 | 18 are present, the offense is committed during school | ||||||
20 | hours, or the offense is committed at times when persons | ||||||
21 | under the age of 18 are reasonably expected to be present | ||||||
22 | in the school, in the conveyance, or on the real property, | ||||||
23 | such as when after-school activities are occurring,
or in | ||||||
24 | any public park or on or within 500 feet in a county with a | ||||||
25 | population of 3,000,000 or more or within 1,000 feet in any | ||||||
26 | other county of the real
property comprising any public |
| |||||||
| |||||||
1 | park, on the real property comprising any church, | ||||||
2 | synagogue, or other
building,
structure, or place used | ||||||
3 | primarily for religious worship, or
within 500 feet in a | ||||||
4 | county with a population of 3,000,000 or more or within | ||||||
5 | 1,000 feet in any other county of the real property | ||||||
6 | comprising any church,
synagogue, or other building, | ||||||
7 | structure, or place used primarily for religious
worship, | ||||||
8 | on the real property comprising any of the following | ||||||
9 | places,
buildings, or
structures used primarily for | ||||||
10 | housing or providing space for activities for
senior | ||||||
11 | citizens: nursing homes, assisted-living centers, senior | ||||||
12 | citizen housing
complexes, or senior centers oriented | ||||||
13 | toward daytime activities, or within 500
feet in a county | ||||||
14 | with a population of 3,000,000 or more or within 1,000 feet | ||||||
15 | in any other county 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
and at the time of the | ||||||
21 | violation persons are present or reasonably expected to be | ||||||
22 | present in the church, synagogue, or other
building,
| ||||||
23 | structure, or place used primarily for religious worship | ||||||
24 | during worship services, or in buildings or structures used | ||||||
25 | primarily for housing or providing space
for activities for | ||||||
26 | senior citizens: nursing homes, assisted-living centers,
|
| |||||||
| |||||||
1 | senior citizen housing complexes, or senior centers | ||||||
2 | oriented toward daytime
activities during the hours those | ||||||
3 | places, buildings, or structures are open for those | ||||||
4 | activities, or
on the real property is guilty of a Class 2 | ||||||
5 | felony, the fine for which shall not exceed
$100,000.
| ||||||
6 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
7 | violations committed in a school or on or within 500
feet in a | ||||||
8 | county with a population of 3,000,000 or more or within 1,000 | ||||||
9 | feet in any other county of school property, the time of day | ||||||
10 | and time of year at the time of the offense is irrelevant.
| ||||||
11 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
12 | Section 15. The Methamphetamine Control and Community | ||||||
13 | Protection Act is amended by changing Section 15 as follows:
| ||||||
14 | (720 ILCS 646/15) | ||||||
15 | Sec. 15. Participation in methamphetamine manufacturing. | ||||||
16 | (a) Participation in methamphetamine manufacturing.
| ||||||
17 | (1) It is unlawful to knowingly participate in the | ||||||
18 | manufacture of methamphetamine with the intent that | ||||||
19 | methamphetamine or a substance containing methamphetamine | ||||||
20 | be produced.
| ||||||
21 | (2) A person who violates paragraph (1) of this | ||||||
22 | subsection (a) is subject to the following penalties:
| ||||||
23 | (A) A person who participates in the manufacture of | ||||||
24 | less than 15 grams of methamphetamine or a substance |
| |||||||
| |||||||
1 | containing methamphetamine is guilty of a Class 1 | ||||||
2 | felony.
| ||||||
3 | (B) A person who participates in the manufacture of | ||||||
4 | 15 or more grams but less than 100 grams of | ||||||
5 | methamphetamine or a substance containing | ||||||
6 | methamphetamine is guilty of a Class X felony, subject | ||||||
7 | to a term of imprisonment of not less than 6 years and | ||||||
8 | not more than 30 years, and subject to a fine not to | ||||||
9 | exceed $100,000 or the street value of the | ||||||
10 | methamphetamine manufactured, whichever is greater.
| ||||||
11 | (C) A person who participates in the manufacture of | ||||||
12 | 100 or more grams but less than 400 grams of | ||||||
13 | methamphetamine or a substance containing | ||||||
14 | methamphetamine is guilty of a Class X felony, subject | ||||||
15 | to a term of imprisonment of not less than 9 years and | ||||||
16 | not more than 40 years, and subject to a fine not to | ||||||
17 | exceed $200,000 or the street value of the | ||||||
18 | methamphetamine manufactured, whichever is greater.
| ||||||
19 | (D) A person who participates in the manufacture of | ||||||
20 | 400 or more grams but less than 900 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 12 years and | ||||||
24 | not more than 50 years, and subject to a fine not to | ||||||
25 | exceed $300,000 or the street value of the | ||||||
26 | methamphetamine manufactured, whichever is greater.
|
| |||||||
| |||||||
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 X | ||||||
4 | felony, subject to a term of imprisonment of not less | ||||||
5 | than 15 years and not more than 60 years, and subject | ||||||
6 | to a fine not to exceed $400,000 or the street value of | ||||||
7 | the methamphetamine, whichever is greater.
| ||||||
8 | (b) Aggravated participation in methamphetamine | ||||||
9 | manufacturing.
| ||||||
10 | (1) It is unlawful to engage in aggravated | ||||||
11 | participation in the manufacture of methamphetamine. A | ||||||
12 | person engages in aggravated participation in the | ||||||
13 | manufacture of methamphetamine when the person violates | ||||||
14 | paragraph (1) of subsection (a) and:
| ||||||
15 | (A) the person knowingly does so in a multi-unit | ||||||
16 | dwelling;
| ||||||
17 | (B) the person knowingly does so in a structure or | ||||||
18 | vehicle where a child under the age of 18, a person | ||||||
19 | with a disability, or a person 60 years of age or older | ||||||
20 | who is incapable of adequately providing for his or her | ||||||
21 | own health and personal care resides, is present, or is | ||||||
22 | endangered by the manufacture of methamphetamine;
| ||||||
23 | (C) the person does so in a structure or vehicle | ||||||
24 | where a woman the person knows to be pregnant | ||||||
25 | (including but not limited to the person herself) | ||||||
26 | resides, is present, or is endangered by the |
| |||||||
| |||||||
1 | methamphetamine manufacture;
| ||||||
2 | (D) the person knowingly does so in a structure or | ||||||
3 | vehicle protected by one or more firearms, explosive | ||||||
4 | devices, booby traps, alarm systems, surveillance | ||||||
5 | systems, guard dogs, or dangerous animals;
| ||||||
6 | (E) the methamphetamine manufacturing in which the | ||||||
7 | person participates is a contributing cause of the | ||||||
8 | death, serious bodily injury, disability, or | ||||||
9 | disfigurement of another person, including but not | ||||||
10 | limited to an emergency service provider;
| ||||||
11 | (F) the methamphetamine manufacturing in which the | ||||||
12 | person participates is a contributing cause of a fire | ||||||
13 | or explosion that damages property belonging to | ||||||
14 | another person;
| ||||||
15 | (G) the person knowingly organizes, directs, or | ||||||
16 | finances the methamphetamine manufacturing or | ||||||
17 | activities carried out in support of the | ||||||
18 | methamphetamine manufacturing; or
| ||||||
19 | (H) the methamphetamine manufacturing occurs | ||||||
20 | within 500 feet in a county with a population of | ||||||
21 | 3,000,000 or more or within 1,000 feet in any other | ||||||
22 | county of a place of worship or parsonage, or within | ||||||
23 | 500 feet in a county with a population of 3,000,000 or | ||||||
24 | more or within 1,000 feet in any other county of the | ||||||
25 | real property comprising any school at a time when | ||||||
26 | children, clergy, patrons, staff, or other persons are |
| |||||||
| |||||||
1 | present or any activity sanctioned by the place of | ||||||
2 | worship or parsonage or school is taking place.
| ||||||
3 | (2) A person who violates paragraph (1) of this | ||||||
4 | subsection (b) is subject to the following penalties:
| ||||||
5 | (A) A person who participates in the manufacture of | ||||||
6 | less than 15 grams of methamphetamine or a substance | ||||||
7 | containing methamphetamine is guilty of a Class X | ||||||
8 | felony, subject to a term of imprisonment of not less | ||||||
9 | than 6 years and not more than 30 years, and subject to | ||||||
10 | a fine not to exceed $100,000 or the street value of | ||||||
11 | the methamphetamine, whichever is greater.
| ||||||
12 | (B) A person who participates in the manufacture of | ||||||
13 | 15 or more grams but less than 100 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, whichever is greater.
| ||||||
20 | (C) A person who participates in the manufacture of | ||||||
21 | 100 or more grams but less than 400 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 |
| |||||||
| |||||||
1 | methamphetamine, whichever is greater.
| ||||||
2 | (D) A person who participates in the manufacture of | ||||||
3 | 400 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 | (Source: P.A. 100-3, eff. 1-1-18 .)
|