Bill Text: IL HB5762 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Methamphetamine Control and Community Protection Act. Provides for increased penalties for delivery of methamphetamine and aggravated delivery of methamphetamine if the violation occurs in a protected place, such as a school; public park; synagogue, church, or other place primarily used for religious worship; or buildings or structures used primarily for housing or providing space for activities for senior citizens.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5762 Detail]

Download: Illinois-2017-HB5762-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5762 Introduced , by Rep. Natalie Phelps Finnie SYNOPSIS AS INTRODUCED:
720 ILCS 646/55
Amends the Methamphetamine Control and Community Protection Act. Provides for increased penalties for delivery of methamphetamine and aggravated delivery of methamphetamine if the violation occurs in a protected place, such as a school; public park; synagogue, church, or other place primarily used for religious worship; or buildings or structures used primarily for housing or providing space for activities for senior citizens.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Methamphetamine Control and Community
Protection Act is amended by changing Section 55 as follows:
(720 ILCS 646/55)
Sec. 55. Methamphetamine delivery.
(a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 2 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 felony.
(C) A person who delivers or possesses with intent

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to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 9 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(E) A person who delivers or possesses with intent
to deliver 400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 12 years and
not more than 50 years, and subject to a fine not to
exceed $300,000 or the street value of the
methamphetamine, whichever is greater.
(F) A person who delivers or possesses with intent
to deliver 900 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a

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Class X felony, subject to a term of imprisonment of
not less than 15 years and not more than 60 years, and
subject to a fine not to exceed $400,000 or the street
value of the methamphetamine, whichever is greater.
(a-5) A person who violates:
(1) subparagraph (A) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,

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assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class 1 felony;
(2) subparagraph (B) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons

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under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior

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citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony;
(3) subparagraph (C) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,

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assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 8 years and not more than 32
years;
(4) subparagraph (D) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,

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and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or

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place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 11 years and not more than 42
years;
(5) subparagraph (E) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,

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or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 14 years and not more than 52

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years; and
(6) subparagraph (F) of paragraph (2) of subsection (a)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily

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for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 17 years and not more than 62
years.
(b) Aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine. A person engages in
the aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine when the person violates paragraph (1) of

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subsection (a) of this Section and:
(A) the person is at least 18 years of age and
knowingly delivers or possesses with intent to deliver
the methamphetamine or substance containing
methamphetamine to a person under 18 years of age;
(B) the person is at least 18 years of age and
knowingly uses, engages, employs, or causes another
person to use, engage, or employ a person under 18
years of age to deliver the methamphetamine or
substance containing methamphetamine;
(C) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any structure
or vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(D) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any school, on
any real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a
school-related activity and at the time of the
violation persons under the age of 18 are present, the
offense is committed during school hours, or the
offense is committed at times when persons under the

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age of 18 are reasonably expected to be present in the
school, in the conveyance, or on the real property,
such as when after-school activities are occurring;
(E) the person delivers or causes another person to
deliver the methamphetamine or substance containing
methamphetamine to a woman that the person knows to be
pregnant; or
(F) (blank).
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject

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to a term of imprisonment of not less than 8 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class X felony, subject to a term of imprisonment of
not less than 10 years and not more than 50 years, and
subject to a fine not to exceed $300,000 or the street
value of the methamphetamine, whichever is greater.
(c) A person who violates:
(1) subparagraph (A) of paragraph (2) of subsection (b)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,

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structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony;
(2) subparagraph (B) of paragraph (2) of subsection (b)

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of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior

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citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 8 years and not more than 32
years;
(3) subparagraph (C) of paragraph (2) of subsection (b)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in

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any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,

HB5762 - 20 - LRB100 20616 SLF 36038 b
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 10 years and not more than 42
years; and
(4) subparagraph (D) of paragraph (2) of subsection (b)
of this Section in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, or on the real
property comprising any of the following places: buildings
or structures used primarily for housing or providing space
for activities for senior citizens, nursing homes,

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assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places: buildings or structures used primarily
for housing or providing space for activities for senior
citizens, nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class X felony, for
which the defendant shall be sentenced to a term of
imprisonment of not less than 12 years and not more than 52
years.
(Source: P.A. 100-3, eff. 1-1-18.)