Bill Text: IL HB6595 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances 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, 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, 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: (Introduced - Dead) 2016-11-02 - Referred to Rules Committee [HB6595 Detail]

Download: Illinois-2015-HB6595-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6595 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
See Index
Amends the Cannabis Control Act, the Illinois Controlled Substances 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, 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, 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.
LRB099 14972 RLC 40047 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB6595 LRB099 14972 RLC 40047 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Control Act is amended by changing
Sections 4, 5, 5.1, 5.2, 7, and 8 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 30 2.5 grams of any substance
containing cannabis is guilty of a civil law violation for
which a court shall impose a fine not to exceed $125 Class
C misdemeanor;
(b) (blank) more than 2.5 grams but not more than 10
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) (blank) more than 10 grams but not more than 30
grams of any substance containing cannabis is guilty of a
Class A misdemeanor; provided, that if any offense under
this subsection (c) is a subsequent offense, the offender
shall be guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor 4 felony; provided that if any offense under

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this subsection (d) is a subsequent offense, the offender
shall be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 4
3 felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 3
2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 2 1 felony.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this section
with respect to:
(a) not more than 10 2.5 grams of any substance containing
cannabis is guilty of a Class B misdemeanor;
(b) (blank) more than 2.5 grams but not more than 10 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any
substance containing cannabis is guilty of a Class A
misdemeanor 4 felony;
(d) more than 30 grams but not more than 500 grams of any

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substance containing cannabis is guilty of a Class 4 3 felony
for which a fine not to exceed $50,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 3 2
felony for which a fine not to exceed $100,000 may be imposed;
(f) more than 2,000 grams but not more than 5,000 grams of
any substance containing cannabis is guilty of a Class 2 1
felony for which a fine not to exceed $150,000 may be imposed;
(g) (blank). more than 5,000 grams of any substance
containing cannabis is guilty of a Class 2 X felony for which a
fine not to exceed $200,000 may be imposed.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
authorized by this Act, any person who knowingly brings or
causes to be brought into this State for the purpose of
manufacture or delivery or with the intent to manufacture or
deliver 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(a-5) A person convicted of cannabis trafficking shall be
sentenced as authorized by Section 5 of this Act, based upon
the amount of the cannabis brought or caused to be brought into
this State, if the person at sentencing proves by a
preponderance of the evidence that he or she:
(1) received little or no compensation from the illegal

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transport of the cannabis into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the cannabis transported; or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the cannabis
transported.
(b) Except as otherwise provided in subsection (a-5) of
this Section, a A person convicted of cannabis trafficking is
guilty of a Class 1 felony shall be sentenced to a term of
imprisonment not less than twice the minimum term and fined an
amount as authorized by subsection (f) or (g) of Section 5 of
this Act, based upon the amount of cannabis brought or caused
to be brought into this State, and not more than twice the
maximum term of imprisonment and fined twice the amount as
authorized by subsection (f) or (g) of Section 5 of this Act,
based upon the amount of cannabis brought or caused to be
brought into this State.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a.01) Any person who violates subsection (f) of Section 5
in any school, on the real property comprising any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 500 feet of the real

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property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school-related activity, is guilty of a Class 1
felony;
(a) Any person who violates subsection (e) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related
activity, or on any public way within 500 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school-related school related activity, is
guilty of a Class 2 1 felony, the fine for which shall not
exceed $200,000;
(b) Any person who violates subsection (d) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related
activity, or on any public way within 500 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school-related school related activity, is
guilty of a Class 3 2 felony, the fine for which shall not
exceed $100,000;
(c) Any person who violates subsection (c) of Section 5
with respect to more than 15 grams of any substance containing

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cannabis in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a
school-related school related activity, or on any public way
within 500 1,000 feet of the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a
school-related school related activity, is guilty of a Class 4
3 felony, the fine for which shall not exceed $50,000;
(d) (Blank) Any person who violates subsection (b) of
Section 5 in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, or on any public way within 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, is guilty of a Class
4 felony, the fine for which shall not exceed $25,000;
(e) (Blank) Any person who violates subsection (a) of
Section 5 in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, on any public way within 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, is guilty of a Class

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A misdemeanor.
(Source: P.A. 87-544.)
(720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
Sec. 7. Delivery of cannabis by a person at least 18 years
of age to a person under 18 years of age who is at least 3 years
his or her junior.
(a) Any person who is at least 18 years of age who violates
subsection (f) of Section 5 of this Act by delivering cannabis
to a person under 18 years of age who is at least 3 years his
junior may, at the discretion of the court, be sentenced to a
maximum term of imprisonment that is equal to the maximum term
of imprisonment for the underlying offense plus the minimum
term of imprisonment for the underlying offense.
may be sentenced to imprisonment for a term up to twice the
maximum term otherwise authorized by Section 5.
(b) Any person under 18 years of age who violates Section 4
or 5 of this Act may be treated by the court in accordance with
the Juvenile Court Act of 1987.
(Source: P.A. 85-1209.)
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. It is unlawful for any person knowingly to produce
the cannabis sativa plant or to possess such plants unless
production or possession has been authorized pursuant to the
provisions of Section 11 or 15.2 of the Act. Any person who

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violates this Section with respect to production or possession
of:
(a) Not more than 5 plants is guilty of a Class B A
misdemeanor.
(b) More than 5, but not more than 20 plants, is guilty of
a Class A misdemeanor 4 felony.
(c) More than 20, but not more than 50 plants, is guilty of
a Class 4 3 felony.
(d) More than 50, but not more than 200 plants, is guilty
of a Class 3 2 felony for which a fine not to exceed $100,000
may be imposed and for which liability for the cost of
conducting the investigation and eradicating such plants may be
assessed. Compensation for expenses incurred in the
enforcement of this provision shall be transmitted to and
deposited in the treasurer's office at the level of government
represented by the Illinois law enforcement agency whose
officers or employees conducted the investigation or caused the
arrest or arrests leading to the prosecution, to be
subsequently made available to that law enforcement agency as
expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug

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

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amended by changing Sections 401, 401.1, 402, 404, 405.2, 407,
407.1, and 407.2 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is unlawful
for any person knowingly to manufacture or deliver, or possess
with intent to manufacture or deliver, a controlled substance
other than methamphetamine, a counterfeit substance, or a
controlled substance analog. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act. For
purposes of this Section, "controlled substance analog" or
"analog" means a substance, other than a controlled substance,
that has a chemical structure substantially similar to that of
a controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to

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the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
for the class of offense to a term of imprisonment as provided
in this subsection (a) and fined as provided in subsection (b):
(1) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
heroin, or an analog thereof;
(C) (blank) not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing heroin,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(1.5) (A) a Class 2 felony not less than 6 years and
not more than 30 years with respect to 15 grams or more
but less than 100 grams of a substance containing

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fentanyl, or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
fentanyl, or an analog thereof;
(C) (blank) not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing fentanyl,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of a substance
containing fentanyl, or an analog thereof;
(2) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing cocaine,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
cocaine, or an analog thereof;
(C) (blank) not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing cocaine,
or an analog thereof;

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(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing morphine,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
morphine, or an analog thereof;
(C) (blank) not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing morphine,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) a Class 1 felony with respect to 200 grams or more
of any substance containing peyote, or an analog thereof;
(5) a Class 1 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid

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or any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) a Class 1 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an
optical isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 15 grams or
more but less than 100 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 15 or more objects or 15 or more
segregated parts of an object or objects but less than
200 objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to: (i) 100 grams or
more but less than 900 400 grams of a substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 200 or more objects or 200 or
more segregated parts of an object or objects but less
than 1500 600 objects or less than 1500 600 segregated
parts of an object or objects containing in them or
having upon them any amount of any substance containing

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lysergic acid diethylamide (LSD), or an analog
thereof;
(C) (blank) not less than 12 years and not more
than 50 years with respect to: (i) 400 grams or more
but less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less than
1500 objects or 1500 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) a Class 2 felony not less than 6 years and
not more than 30 years with respect to: (i) 15 grams or
more but less than 100 grams of a substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),

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(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amounts of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to: (i) 100 grams or
more but less than 400 grams of a substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 12 years and not more than 30 50
years with respect to: (i) 400 grams or more but less

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than 900 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 600 or more
pills, tablets, caplets, capsules, or objects but less
than 1,500 pills, tablets, caplets, capsules, or
objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2),
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) (blank) not less than 15 years and not more
than 60 years with respect to: (i) 900 grams or more of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 1 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the
salts, isomers and salts of isomers of pentazocine, or an

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analog thereof;
(9) a Class 1 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) a Class 1 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the
salts, isomers and salts of isomers of phencyclidine (PCP),
or an analog thereof;
(10.5) a Class 1 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine, or an
analog thereof;
(10.6) a Class 1 felony with respect to 100 grams or
more of any substance containing hydrocodone, or any of the
salts, isomers and salts of isomers of hydrocodone, or an
analog thereof;
(10.7) a Class 1 felony with respect to 100 grams or
more of any substance containing dihydrocodeinone, or any
of the salts, isomers and salts of isomers of
dihydrocodeinone, or an analog thereof;
(10.8) a Class 1 felony with respect to 100 grams or
more of any substance containing dihydrocodeine, or any of
the salts, isomers and salts of isomers of dihydrocodeine,
or an analog thereof;
(10.9) a Class 1 felony with respect to 100 grams or

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more of any substance containing oxycodone, or any of the
salts, isomers and salts of isomers of oxycodone, or an
analog thereof;
(11) a Class 1 felony with respect to 200 grams or more
of any substance containing any other controlled substance
classified in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when it is proven that the person
knew or should have known that the substance containing the
controlled substance contained contains any amount of
fentanyl, a term of imprisonment not to exceed 3 years may, at

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the discretion of the court, shall be added to the term of
imprisonment imposed by the court, and the maximum sentence for
the offense, if the additional term is imposed, shall be
increased by that period of time not to exceed 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, shall be sentenced for the class of offense as
provided in this subsection (c) is guilty of a Class 1 felony.
The fine for violation of this subsection (c) shall not be more
than $250,000:
(1) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing heroin, or
an analog thereof;
(1.5) a Class 3 felony with respect to 1 gram or more
but less than 15 grams of any substance containing
fentanyl, or an analog thereof;
(2) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing cocaine, or
an analog thereof;
(3) a Class 3 felony with respect to 5 10 grams or more
but less than 15 grams of any substance containing
morphine, or an analog thereof;
(4) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing peyote,

HB6595 - 21 - LRB099 14972 RLC 40047 b
or an analog thereof;
(4.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing peyote,
or an analog thereof;
(5) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(5.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.1) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(7) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof, or
(ii) more than 10 objects or more than 10 segregated parts
of an object or objects but less than 15 objects or less

HB6595 - 22 - LRB099 14972 RLC 40047 b
than 15 segregated parts of an object containing in them or
having upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(7.5) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof, or (ii) more than
10 pills, tablets, caplets, capsules, or objects but less
than 15 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof;
(8) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(8.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of pentazocine, or an analog
thereof;
(9) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;

HB6595 - 23 - LRB099 14972 RLC 40047 b
(9.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.1) a Class 3 felony with respect to 1 gram or more
but less than 10 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) a Class 2 felony with respect to 10 grams or
more but less than 30 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.5-1) a Class 3 felony with respect to 1 gram or
more but less than 10 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.6-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing

HB6595 - 24 - LRB099 14972 RLC 40047 b
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.7-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.8) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.8-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(10.9-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;

HB6595 - 25 - LRB099 14972 RLC 40047 b
(11) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
substance classified in Schedules I or II, or an analog
thereof, which is not otherwise included in this subsection
(c).
(11.1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams grams of any substance
containing a substance classified in Schedules I or II, or
an analog thereof, which is not otherwise included in this
subsection (c);
(c-5) (Blank).
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeinone or dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is not otherwise
included in subsection (a), (b), or (c), which is (i) a
narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
analog thereof, (iii) any substance containing amphetamine or
fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance
containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 4 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) (Blank). Any person who violates this Section with

HB6595 - 26 - LRB099 14972 RLC 40047 b
regard to any other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule III, which is not otherwise
included in subsection (a), (b), or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (f) shall not
be more than $125,000.
(f-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III which is not otherwise included in
subsection (a), (b) or (c), is guilty of a Class 4 felony.
(g) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule IV is guilty of a Class 3
felony. The fine for violation of this subsection (g) shall not
be more than $100,000.
(g-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(h) Any person who violates this Section with regard to 10

HB6595 - 27 - LRB099 14972 RLC 40047 b
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule V, which is not otherwise
included in subsection (a), (b) or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (h) shall not
be more than $75,000.
(h-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V, which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16.)
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
Sec. 401.1. Controlled Substance Trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings or causes to be brought into this
State 400 grams or more of a controlled substance or 600 or
more objects or 600 or more segregated parts of an object or
objects containing in them or having upon them any amounts of
any substance containing lysergic acid diethylamide (LSD), or
an analog thereof or 600 or more pills, tablets, caplets,

HB6595 - 28 - LRB099 14972 RLC 40047 b
capsules, or objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof for the purpose of manufacture or delivery or with the
intent to manufacture or deliver a controlled substance other
than methamphetamine or counterfeit substance in this or any
other state or country is guilty of controlled substance
trafficking.
(b) Except as otherwise provided in subsection (b-5) of
this Section, a A person convicted of controlled substance
trafficking shall be sentenced for the class of an offense that
is one class higher than the amount authorized by Section 401
of this Act for the manufacture or delivery, or possession with
intent to manufacture or deliver, based upon the amount of
controlled or counterfeit substance brought or caused to be
brought into this State. If the sentence for the underlying
offense under Section 401 of this Act is a Class 1 felony for
which the offender may be sentenced to a term of imprisonment
of not less than 6 years and not more than 30 years, the
penalty for controlled substance trafficking is a Class 1
felony for which the person may be sentenced to a term of
imprisonment of not less 9 years and not more than 40 years to
a term of imprisonment not less than twice the minimum term and
fined an amount as authorized by Section 401 of this Act, based
upon the amount of controlled or counterfeit substance brought

HB6595 - 29 - LRB099 14972 RLC 40047 b
or caused to be brought into this State, and not more than
twice the maximum term of imprisonment and fined twice the
amount as authorized by Section 401 of this Act, based upon the
amount of controlled or counterfeit substance brought or caused
to be brought into this State.
(b-5) A person convicted of controlled substance
trafficking shall be sentenced as authorized by Section 401 of
this Act, based upon the amount of the controlled or
counterfeit substance brought or caused to be brought into this
State, if the person at sentencing proves by a preponderance of
the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the substance into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the illegal substance transported;
or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the illegal
substance transported.
(c) (Blank) It shall be a Class 2 felony for which a fine
not to exceed $100,000 may be imposed for any person to
knowingly use a cellular radio telecommunication device in the
furtherance of controlled substance trafficking. This penalty
shall be in addition to any other penalties imposed by law.
(Source: P.A. 94-556, eff. 9-11-05.)

HB6595 - 30 - LRB099 14972 RLC 40047 b
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance or controlled substance analog. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,
"controlled substance analog" or "analog" means a substance,
other than a controlled substance, that has a chemical
structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically
designed to produce an effect substantially similar to that of
a controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections
(c) and (d) to the contrary, is guilty of a Class 1 felony and
shall, if sentenced to a term of imprisonment, be sentenced for
the class of offense as provided in this subsection (a) and

HB6595 - 31 - LRB099 14972 RLC 40047 b
fined as provided in subsection (b):
(1) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of a substance containing
heroin;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
heroin;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
cocaine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
cocaine;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing

HB6595 - 32 - LRB099 14972 RLC 40047 b
cocaine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
morphine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
morphine;
(C) a Class 1 felony not less than 6 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
morphine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing morphine;
(4) a Class 2 felony with respect to 200 grams or more
of any substance containing peyote;
(5) a Class 2 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid
or any of the salts of a derivative of barbituric acid;
(6) a Class 2 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an

HB6595 - 33 - LRB099 14972 RLC 40047 b
optical isomer of amphetamine;
(6.5) (blank);
(7) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 15 or more objects or 15 or
more segregated parts of an object or objects but less
than 200 objects or 200 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 200 or more objects or 200 or
more segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts of
an object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance
containing lysergic acid diethylamide (LSD), or an

HB6595 - 34 - LRB099 14972 RLC 40047 b
analog thereof, or (ii) 600 or more objects or 600 or
more segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an object
or objects containing in them or having upon them any
amount of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(7.5) (A) a Class 3 felony not less than 4 years and
not more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of

HB6595 - 35 - LRB099 14972 RLC 40047 b
Section 204, or an analog or derivative thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of

HB6595 - 36 - LRB099 14972 RLC 40047 b
Section 204, or an analog or derivative thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 2 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the
salts, isomers and salts of isomers of pentazocine, or an
analog thereof;
(9) a Class 2 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone;
(10) a Class 2 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the
salts, isomers and salts of isomers of phencyclidine (PCP);
(10.5) a Class 2 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine;

HB6595 - 37 - LRB099 14972 RLC 40047 b
(11) a Class 2 felony with respect to 200 grams or more
of any substance containing any substance classified as a
narcotic drug in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not to exceed $200,000 or the full street value
of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision
of subsection (a), may in addition to the penalties provided
therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
less than one gram an amount of a controlled substance other
than methamphetamine or counterfeit substance not set forth in
subsection (a) or (d) is guilty of a Class A misdemeanor. Any
person who violates this Section with regard to one gram or
more and less than the minimum amount of a controlled substance
specified in paragraphs (1) through (11) of subsection (a) or
one gram or more of a controlled substance other than
methamphetamine or counterfeit substance not set forth in
subsection (a) or (d) is guilty of a Class 4 felony. The fine
for a violation punishable under this subsection (c) shall not

HB6595 - 38 - LRB099 14972 RLC 40047 b
be more than $25,000.
(d) Any person who violates this Section with regard to any
amount of anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a
subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16.)
(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404. (a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication,
dissemination, solicitation or circulation, to induce
directly or indirectly any person to acquire, or enter into
an obligation to acquire, any substance within the scope of
this Section.
(2) "Distribute" has the meaning ascribed to it in
subsection (s) of Section 102 of this Act but as relates to
look-alike substances.
(3) "Manufacture" means the producing, preparing,
compounding, processing, encapsulating, packaging,
repackaging, labeling or relabeling of a look-alike
substance.
(b) It is unlawful for any person knowingly to manufacture,
distribute, advertise, or possess with intent to manufacture or
distribute a look-alike substance. Any person who violates this
subsection (b) shall be guilty of a Class 4 3 felony, the fine

HB6595 - 39 - LRB099 14972 RLC 40047 b
for which shall not exceed $150,000.
(c) (Blank) It is unlawful for any person knowingly to
possess a look-alike substance. Any person who violates this
subsection (c) is guilty of a petty offense. Any person
convicted of a subsequent offense under this subsection (c)
shall be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is
not a defense to a violation of this Section that the defendant
believed the look-alike substance actually to be a controlled
substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
distribution or sale of noncontrolled substances to
licensed medical practitioners for use as placebos in
professional practice or research.
(2) Persons acting in the course and legitimate scope
of their employment as law enforcement officers.
(3) The retention of production samples of
noncontrolled substances produced prior to the effective
date of this amendatory Act of 1982, where such samples are
required by federal law.
(f) Nothing in this Section or in this Act applies to the
lawful manufacture, processing, packaging, advertising or
distribution of a drug or drugs by any person registered
pursuant to Section 510 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360).

HB6595 - 40 - LRB099 14972 RLC 40047 b
(Source: P.A. 83-1362.)
(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who engages in a streetgang criminal drug
conspiracy, as defined in this Section, is guilty of an offense
that is one class higher than the underlying offense under
subsection (a) or (c) of Section 401 of this Act or under the
Methamphetamine Control and Community Protection Act except
Section 60 of that Act. If the sentence for the underlying
offense is a term of imprisonment of not less than 6 years and
not more than 30 years, the penalty for streetgang criminal
drug conspiracy is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less 9 years and not
more than 40 years. a Class X felony for which the offender
shall be sentenced to a term of imprisonment as follows:
(1)(blank) not less than 15 years and not more than 60
years for a violation of subsection (a) of Section 401;
(2) (blank) not less than 10 years and not more than 30
years for a violation of subsection (c) of Section 401.
For the purposes of this Section, a person engages in a
streetgang criminal drug conspiracy when:
(i) he or she violates any of the provisions of
subsection (a) or (c) of Section 401 of this Act or any
provision of the Methamphetamine Control and Community
Protection Act except Section 60 of that Act; and

HB6595 - 41 - LRB099 14972 RLC 40047 b
(ii) such violation is part of a conspiracy undertaken
or carried out with 2 or more other persons; and
(iii) such conspiracy is in furtherance of the
activities of an organized gang as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act; and
(iv) he or she occupies a position of organizer, a
supervising person, or any other position of management
with those persons identified in clause (ii) of this
subsection (a).
The fine for a violation of this Section shall not be more
than $500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug
Asset Forfeiture Procedure Act, any person who is convicted
under this Section of engaging in a streetgang criminal drug
conspiracy shall forfeit to the State of Illinois:
(1) the receipts obtained by him or her in such
conspiracy; and
(2) any of his or her interests in, claims against,
receipts from, or property or rights of any kind affording
a source of influence over, such conspiracy.
(c) The circuit court may enter such injunctions,
restraining orders, directions or prohibitions, or may take
such other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under

HB6595 - 42 - LRB099 14972 RLC 40047 b
this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1)(A) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of
Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may, at
the discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense may be sentenced to
imprisonment for a term up to twice the maximum term and fined
an amount up to twice that amount otherwise authorized by the
pertinent subsection of Section 401 and Subsection (b) of
Section 404.
(B) (Blank).
(2) (Blank). Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 1 felony, the fine for which shall not exceed
$250,000;
(B) subsection (d) of Section 401 by delivering or

HB6595 - 43 - LRB099 14972 RLC 40047 b
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 2 felony, the fine for which shall not exceed
$200,000;
(C) subsection (e) of Section 401 or subsection (b) of
Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance
in or on, or within 1,000 feet of, a truck stop or safety
rest area, is guilty of a Class 3 felony, the fine for
which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within

HB6595 - 44 - LRB099 14972 RLC 40047 b
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$75,000;
(3) (Blank). Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of
imprisonment up to 2 times the maximum term and fined an amount
up to 2 times the amount otherwise authorized by Section 401.
(4) (Blank). For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its parking
areas) used to provide fuel or service, or both, to any
commercial motor vehicle as defined in Section 18b-101 of
the Illinois Vehicle Code.
(b) Any person who violates any subsection of Section 401
or subsection (b) of Section 404 in any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related activity, or
public park, on the real property comprising any school, or
within 500 feet of the real property comprising any school,

HB6595 - 45 - LRB099 14972 RLC 40047 b
while persons under 18 years of age are present, during school
hours, or at times when persons under 18 years of age are
reasonably expected to be present, shall be sentenced to a
class of offense that is one class higher than the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404. If the sentence otherwise
authorized by the pertinent subsection of Section 401 or
subsection (b) of Section 404 is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 4 years and not more than 15 years, the penalty for an
offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 6 years and not more than 30 years. If the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404 is a Class 1 felony for which
the person may be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years, the penalty for
an offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 9 years and not more than 40 years. :
(1) subsection (c) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income

HB6595 - 46 - LRB099 14972 RLC 40047 b
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, 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 1,000 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 is guilty of a Class X felony, the fine

HB6595 - 47 - LRB099 14972 RLC 40047 b
for which shall not exceed $500,000;
(2) subsection (d) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, 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

HB6595 - 48 - LRB099 14972 RLC 40047 b
oriented toward daytime activities, or within 1,000 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 is guilty of a Class 1 felony, the fine
for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b) of
Section 404 in any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, or residential
property owned, operated or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park or within 1,000 feet of the real property comprising
any school or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,

HB6595 - 49 - LRB099 14972 RLC 40047 b
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, 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 1,000 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 is guilty of a Class 2
felony, the fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000

HB6595 - 50 - LRB099 14972 RLC 40047 b
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, 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 1,000 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 is guilty of a Class 2 felony, the fine
for which shall not exceed $150,000;
(5) subsection (g) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or

HB6595 - 51 - LRB099 14972 RLC 40047 b
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, 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 1,000 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

HB6595 - 52 - LRB099 14972 RLC 40047 b
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the fine
for which shall not exceed $125,000;
(6) subsection (h) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for

HB6595 - 53 - LRB099 14972 RLC 40047 b
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities, or within 1,000 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 is guilty of a Class 2 felony, the fine
for which shall not exceed $100,000.
(c) (Blank) Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 1,000
feet of school property, the time of day, time of year and
whether classes were currently in session at the time of the
offense is irrelevant.
(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
Sec. 407.1. Any person 18 years of age or over who violates
any subsection of Section 401 or , Section 404 or Section 405
by using, engaging or employing a person under 18 years of age
to deliver a controlled, counterfeit or look-alike substance
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense for a term up to

HB6595 - 54 - LRB099 14972 RLC 40047 b
three times the maximum amount authorized by the pertinent
subsection of Section 401, Section 404 or Section 405.
(Source: P.A. 91-297, eff. 1-1-00.)
(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
Sec. 407.2. Delivery of a controlled substance to a
pregnant woman.
(a) Any person who violates any subsection (a) of Section
401 of this Act by delivering a controlled substance to a woman
he knows to be pregnant may, at the discretion of the court, be
sentenced to a maximum term of imprisonment that is equal to
the maximum term of imprisonment for the underlying offense
plus the minimum term of imprisonment for the underlying
offense a term twice the maximum amount authorized by Section
401 of this Act.
(b) (Blank). Any person who delivers an amount of a
controlled substance set forth in subsections (c) and (d) of
Section 401 of this Act to a woman he knows to be pregnant
commits a Class 1 felony. The fine for a violation of this
subsection (b) shall not be more than $250,000.
(Source: P.A. 86-1459; 87-754.)
(720 ILCS 570/405 rep.)
(720 ILCS 570/405.1 rep.)
(720 ILCS 570/408 rep.)
Section 20. The Illinois Controlled Substances Act is

HB6595 - 55 - LRB099 14972 RLC 40047 b
amended by repealing Sections 405, 405.1, and 408.
Section 25. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 15, 20, 25, 30,
35, 40, 45, 50, 55, 56, and 60 and by adding Sections 55.1,
55.2, 55.3, 55.4, and 55.5 as follows:
(720 ILCS 646/15)
Sec. 15. Participation in methamphetamine manufacturing.
(a) Participation in methamphetamine manufacturing.
(1) It is unlawful to knowingly participate in the
manufacture of methamphetamine with the intent that
methamphetamine or a substance containing methamphetamine
be produced.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 2 1
felony.
(B) A person who participates in the manufacture of
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 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

HB6595 - 56 - LRB099 14972 RLC 40047 b
not to exceed $100,000 or the street value of the
methamphetamine manufactured, whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(D) A person who participates in the manufacture of
400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(E) A person who participates in the manufacture of
900 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine

HB6595 - 57 - LRB099 14972 RLC 40047 b
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) Aggravated participation in methamphetamine
manufacturing.
(1) It is unlawful to engage in aggravated
participation in the manufacture of methamphetamine. A
person engages in aggravated participation in the
manufacture of methamphetamine when the person violates
paragraph (1) of subsection (a) and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, a person
with a disability, or a person 60 years of age or older
who is incapable of adequately providing for his or her
own health and personal care resides, is present, or is
endangered by the manufacture of methamphetamine;
(C) the person does so in a structure or vehicle
where a woman the person knows to be pregnant
(including but not limited to the person herself)
resides, is present, or is endangered by the
methamphetamine manufacture;
(D) the person knowingly does so in a structure or
vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;

HB6595 - 58 - LRB099 14972 RLC 40047 b
(E) the methamphetamine manufacturing in which the
person participates is a contributing cause of the
death, serious bodily injury, disability, or
disfigurement of another person, including but not
limited to an emergency service provider;
(F) the methamphetamine manufacturing in which the
person participates is a contributing cause of a fire
or explosion that damages property belonging to
another person;
(G) the person knowingly organizes, directs, or
finances the methamphetamine manufacturing or
activities carried out in support of the
methamphetamine manufacturing; or
(H) the methamphetamine manufacturing occurs
within 1,000 feet of a place of worship or parsonage,
or within 1,000 feet of the real property comprising
any school.
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 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.

HB6595 - 59 - LRB099 14972 RLC 40047 b
(B) A person who participates in the manufacture of
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine,
whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine,
whichever is greater.
(D) A person who participates in the manufacture of
400 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.

HB6595 - 60 - LRB099 14972 RLC 40047 b
(Source: P.A. 98-980, eff. 1-1-15.)
(720 ILCS 646/20)
Sec. 20. Methamphetamine precursor.
(a) Methamphetamine precursor or substance containing any
methamphetamine precursor in standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in
standard dosage form with the intent that it be used to
manufacture 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 possesses, procures, transports,
stores, or delivers less than 15 grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 4 2
felony.
(B) A person who possesses, procures, transports,
stores, or delivers 15 or more grams but less than 30
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 3 1 felony.
(C) A person who possesses, procures, transports,
stores, or delivers 30 or more grams but less than 150

HB6595 - 61 - LRB099 14972 RLC 40047 b
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 2 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.
(D) A person who possesses, procures, transports,
stores, or delivers 150 or more grams but less than 500
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 1 X felony, subject 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.
(E) A person who possesses, procures, transports,
stores, or delivers 500 or more grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 10 years
and not more than 30 50 years, and subject to a fine
not to exceed $300,000.
(b) (Blank). Methamphetamine precursor or substance
containing any methamphetamine precursor in any form other than
a standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in

HB6595 - 62 - LRB099 14972 RLC 40047 b
any form other than a standard dosage form with the intent
that it be used to manufacture methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who violates paragraph (1) of this
subsection (b) with the intent that less than 10 grams
of methamphetamine or a substance containing
methamphetamine be manufactured is guilty of a Class 2
felony.
(B) A person who violates paragraph (1) of this
subsection (b) with the intent that 10 or more grams
but less than 20 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class 1 felony.
(C) A person who violates paragraph (1) of this
subsection (b) with the intent that 20 or more grams
but less than 100 grams of methamphetamine or a
substance containing methamphetamine be manufactured
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.
(D) A person who violates paragraph (1) of this
subsection (b) with the intent that 100 or more grams
but less than 350 grams of methamphetamine or a
substance containing methamphetamine be manufactured

HB6595 - 63 - LRB099 14972 RLC 40047 b
is guilty of a Class X felony, subject 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.
(E) A person who violates paragraph (1) of this
subsection (b) with the intent that 350 or more grams
of methamphetamine or a substance containing
methamphetamine be manufactured 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.
(c) Rule of evidence. The presence of any methamphetamine
precursor in a sealed, factory imprinted container, including,
but not limited to, a bottle, box, package, or blister pack, at
the time of seizure by law enforcement, is prima facie evidence
that the methamphetamine precursor located within the
container is in fact the material so described and in the
amount listed on the container. The factory imprinted container
is admissible for a violation of this Act for purposes of
proving the contents of the container.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/25)
Sec. 25. Anhydrous ammonia.
(a) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia with the intent that it be used
to manufacture methamphetamine.

HB6595 - 64 - LRB099 14972 RLC 40047 b
(1) It is unlawful to knowingly engage in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or to attempt to engage in
any of these activities or to assist another in engaging in
any of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 1 felony.
(b) Aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent that
it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent
that it be used to manufacture methamphetamine. A person
commits this offense when the person engages in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or attempts to engage in any
of these activities or assists another in engaging in any
of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, or a person
with a disability, or a person who is 60 years of age

HB6595 - 65 - LRB099 14972 RLC 40047 b
or older who is incapable of adequately providing for
his or her own health and personal care resides, is
present, or is endangered by the anhydrous ammonia;
(C) the person's possession, procurement,
transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of the death, serious
bodily injury, disability, or disfigurement of another
person; or
(D) the person's possession, procurement,
transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of a fire or explosion
that damages property belonging to another person.
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 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.
(c) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia in an unauthorized container.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver anhydrous ammonia in an
unauthorized container.
(1.5) (Blank) It is unlawful to attempt to possess,
procure, transport, store, or deliver anhydrous ammonia in
an unauthorized container.
(2) A person who violates paragraph (1) of this

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subsection (c) is guilty of a Class 4 3 felony. A person
who violates paragraph (1.5) of this subsection (c) is
guilty of a Class 4 felony.
(3) Affirmative defense. It is an affirmative defense
that the person charged possessed, procured, transported,
stored, or delivered anhydrous ammonia in a manner that
substantially complied with the rules governing anhydrous
ammonia equipment found in 8 Illinois Administrative Code
Section 215, in 92 Illinois Administrative Code Sections
171 through 180, or in any provision of the Code of Federal
Regulations incorporated by reference into these Sections
of the Illinois Administrative Code.
(d) Tampering with anhydrous ammonia equipment.
(1) It is unlawful to knowingly tamper with anhydrous
ammonia equipment. A person tampers with anhydrous ammonia
equipment when, without authorization from the lawful
owner, the person:
(A) removes or attempts to remove anhydrous
ammonia from the anhydrous ammonia equipment used by
the lawful owner;
(B) damages or attempts to damage the anhydrous
ammonia equipment used by the lawful owner; or
(C) vents or attempts to vent anhydrous ammonia
into the environment.
(2) A person who violates paragraph (1) of this
subsection (d) is guilty of a Class 3 felony.

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(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
95-690, eff. 1-1-08.)
(720 ILCS 646/30)
Sec. 30. Methamphetamine manufacturing material.
(a) It is unlawful to knowingly engage in the possession,
procurement, transportation, storage, or delivery of any
methamphetamine manufacturing material, other than a
methamphetamine precursor, substance containing a
methamphetamine precursor, or anhydrous ammonia, with the
intent that it be used to manufacture methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/35)
Sec. 35. Use of property.
(a) It is unlawful for a person knowingly to use or allow
the use of a vehicle, a structure, real property, or personal
property within the person's control to help bring about a
violation of this Act.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/40)

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Sec. 40. Protection of methamphetamine manufacturing.
(a) It is unlawful to engage in the protection of
methamphetamine manufacturing. A person engages in the
protection of methamphetamine manufacturing when:
(1) the person knows that others have been
participating, are participating, or will be participating
in the manufacture of methamphetamine; and
(2) with the intent to help prevent detection of or
interference with the methamphetamine manufacturing, the
person serves as a lookout for or guard of the
methamphetamine manufacturing.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/45)
Sec. 45. Methamphetamine manufacturing waste.
(a) It is unlawful to knowingly burn, place in a trash
receptacle, or dispose of methamphetamine manufacturing waste,
knowing that the waste was used in the manufacturing of
methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/50)

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Sec. 50. Methamphetamine-related child endangerment.
(a) Methamphetamine-related child endangerment.
(1) It is unlawful to engage in
methamphetamine-related child endangerment. A person
engages in methamphetamine-related child endangerment when
the person knowingly endangers the life and health of a
child by exposing or allowing exposure of the child to a
methamphetamine manufacturing environment.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 felony.
(b) Aggravated methamphetamine-related child endangerment.
(1) It is unlawful to engage in aggravated
methamphetamine-related child endangerment. A person
engages in aggravated methamphetamine-related child
endangerment when the person violates paragraph (1) of this
subsection (a) of this Section and the child experiences
death, great bodily harm, disability, or disfigurement as a
result of the methamphetamine-related child endangerment.
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 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.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/55)

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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 one gram 5 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 4 2 felony.
(B) A person who delivers or possesses with intent
to deliver one 5 or more grams but less than 15 grams
of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(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 2 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

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methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 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 1 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
Class 1 X felony, for which the person may be sentenced
subject to a term of imprisonment of not less than 6 15
years and not more than 30 60 years, and subject to a
fine not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) (Blank). Aggravated delivery or possession with intent
to deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated delivery

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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
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

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transport students to or from school or a
school-related activity;
(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
to a term of imprisonment of not less than 8 years and

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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.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/55.1 new)
Sec. 55.1. Methamphetamine delivery by a person at least 18
years of age to a person under 18 years of age. Any person who
is at least 18 years of age who violates any subsection of
Section 55 by delivering methamphetamine or substance
containing methamphetamine to a person under 18 years of age
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.2 new)
Sec. 55.2. Employing person under 18 years of age to
deliver methamphetamine. Any person who is at least 18 years of

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age who violates any subsection of Section 55 by using,
engaging, or employing, or causing another person to use,
engage, or employ a person under 18 years of age to deliver
methamphetamine or substance containing methamphetamine may,
at the discretion of the court, be sentenced to a maximum term
of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.3 new)
Sec. 55.3. Delivery of methamphetamine or possession with
intent to deliver methamphetamine—protected structure or
vehicle. Any person who violates any subsection of Section 55
by knowingly delivering or possessing with intent to deliver
methamphetamine or substance containing methamphetamine in any
structure or vehicle protected by one or more explosive
devices, booby traps, or dangerous animals may, at the
discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense.
(720 ILCS 646/55.4 new)
Sec. 55.4. Methamphetamine delivery or possession with
intent to deliver methamphetamine on school grounds. Any person
who violates any subsection of Section 55 by delivering or

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possessing with intent to deliver 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 shall be sentenced to a class of
offense that is one class higher than the sentence otherwise
authorized by the pertinent subsection of Section 55. If the
sentence otherwise authorized by the pertinent subsection of
Section 55 is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less than 4 years
and not more than 15 years, the penalty for an offense under
this Section is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less than 6 years
and not more than 30 years. If the sentence otherwise
authorized by the pertinent subsection of Section 55 is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 6 years and not more than 30
years, the penalty for an offense under this Section is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 9 years and not more than 40
years.
(720 ILCS 646/55.5 new)
Sec. 55.5. Methamphetamine delivery to pregnant woman. Any
person who violates any subsection of Section 55 by delivering
or causing to be delivered methamphetamine or substance

HB6595 - 77 - LRB099 14972 RLC 40047 b
containing methamphetamine to a woman that the person knows to
be pregnant may, at the discretion of the court, be sentenced
to a maximum term of imprisonment that is equal to the maximum
term of imprisonment for the underlying offense plus the
minimum term of imprisonment for the underlying offense.
(720 ILCS 646/56)
Sec. 56. Methamphetamine trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings, or causes to be brought, into this
State 400 grams or more of methamphetamine or 500 grams or more
of , anhydrous ammonia, or a methamphetamine precursor or any
amount of anhydrous ammonia for the purpose of manufacture or
delivery of methamphetamine or with the intent to manufacture
or deliver methamphetamine is guilty of methamphetamine
trafficking.
(a-5) A person convicted of methamphetamine trafficking
shall be sentenced as authorized by Section 55 of this Act,
based upon the amount of the methamphetamine brought or caused
to be brought into this State, if the person at sentencing
proves by a preponderance of the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the methamphetamine into this State and had
minimal knowledge of the scope and structure of the
enterprise to manufacture or deliver the methamphetamine
transported; or

HB6595 - 78 - LRB099 14972 RLC 40047 b
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the
methamphetamine transported.
(b) Except as otherwise provided in subsection (a-5), a A
person convicted of methamphetamine trafficking shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine brought
or caused to be brought into this State, as provided in
subsection (a) of Section 55 of this Act that is one class
higher than the underlying offense. If the underlying offense
is a Class 1 felony for which the offender may be sentenced to
a term of imprisonment of not less than 6 years and not more
than 30 years, the penalty for methamphetamine trafficking is a
Class 1 felony for which the person may be sentenced to a term
of imprisonment of not less 9 years and not more than 40 years.
(c) (Blank) A person convicted of methamphetamine
trafficking based upon a methamphetamine precursor shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine
precursor provided in subsection (a) or (b) of Section 20 of
this Act brought or caused to be brought into this State.
(d) A person convicted of methamphetamine trafficking
based upon anhydrous ammonia under paragraph (1) of subsection
(a) of Section 25 of this Act is guilty of a Class 1 felony

HB6595 - 79 - LRB099 14972 RLC 40047 b
shall be sentenced to a term of imprisonment of not less than
twice the minimum term and not more than twice the maximum term
of imprisonment provided in paragraph (1) of subsection (a) of
Section 25 of this Act.
(Source: P.A. 94-830, eff. 6-5-06.)
(720 ILCS 646/60)
Sec. 60. Methamphetamine possession.
(a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.
(b) A person who violates subsection (a) is subject to the
following penalties:
(1) A person who possesses less than one gram 5 grams
of methamphetamine or a substance containing
methamphetamine is guilty of a Class A misdemeanor 3
felony.
(2) A person who possesses one 5 or more grams but less
than 15 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 4 2 felony.
(3) A person who possesses 15 or more grams but less
than 100 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(4) A person who possesses 100 or more grams but less
than 400 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 X felony, subject to
a term of imprisonment of not less than 6 years and not

HB6595 - 80 - LRB099 14972 RLC 40047 b
more than 30 years, and subject to a fine not to exceed
$100,000.
(5) A person who possesses 400 or more grams but less
than 900 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, subject 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.
(6) A person who possesses 900 or more grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class 1 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.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/65 rep.)
(720 ILCS 646/100 rep.)
Section 30. The Methamphetamine Control and Community
Protection Act is amended by repealing Sections 65 and 100.
Section 35. The Unified Code of Corrections is amended by
changing Sections 5-4-1, 5-4.5-95, 5-5-3 and 5-8-2 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under hearing

HB6595 - 81 - LRB099 14972 RLC 40047 b
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the

HB6595 - 82 - LRB099 14972 RLC 40047 b
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, or a qualified
individual affected by: (i) a violation of Section 405,
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-14.3
except as described in subdivisions (a)(2)(A) and
(a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
Criminal Code of 1961 or the Criminal Code of 2012,
committed by the defendant the opportunity to make a
statement concerning the impact on the victim and to offer
evidence in aggravation or mitigation; provided that the
statement and evidence offered in aggravation or
mitigation must first be prepared in writing in conjunction

HB6595 - 83 - LRB099 14972 RLC 40047 b
with the State's Attorney before it may be presented orally
at the hearing. Any sworn testimony offered by the victim
is subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place when
the offense took place; and (ii) is familiar with various
public places within the territorial jurisdiction where
the offense took place when the offense took place. For the
purposes of this paragraph (7), "qualified individual"
includes any peace officer, or any member of any duly
organized State, county, or municipal peace unit assigned
to the territorial jurisdiction where the offense took
place when the offense took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.

HB6595 - 84 - LRB099 14972 RLC 40047 b
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category

HB6595 - 85 - LRB099 14972 RLC 40047 b
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...

HB6595 - 86 - LRB099 14972 RLC 40047 b
years and ... months, less up to 180 days additional sentence
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012 if
the offense was committed on or after January 1, 1999, and
other than when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and other than when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,

HB6595 - 87 - LRB099 14972 RLC 40047 b
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional sentence
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or

HB6595 - 88 - LRB099 14972 RLC 40047 b
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to

HB6595 - 89 - LRB099 14972 RLC 40047 b
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of

HB6595 - 90 - LRB099 14972 RLC 40047 b
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no sentence credit for good
conduct under clause (3) of subsection (a) of Section 3-6-3
until he or she participates in and completes a substance abuse
treatment program or receives a waiver from the Director of
Corrections pursuant to clause (4.5) of subsection (a) of
Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and

HB6595 - 91 - LRB099 14972 RLC 40047 b
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a

HB6595 - 92 - LRB099 14972 RLC 40047 b
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries

HB6595 - 93 - LRB099 14972 RLC 40047 b
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11;
96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.
8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is

HB6595 - 94 - LRB099 14972 RLC 40047 b
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual criminal
shall be sentenced to a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that

HB6595 - 95 - LRB099 14972 RLC 40047 b
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.

HB6595 - 96 - LRB099 14972 RLC 40047 b
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(10) This subsection (a) does not apply to a violation
of the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice
been convicted in any state or federal court of an offense that
contains the same elements as an offense now (the date the
Class 1 or Class 2 felony was committed) classified in Illinois
as a Class 2 or greater Class felony and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:

HB6595 - 97 - LRB099 14972 RLC 40047 b
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
This subsection (b) does not apply to a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
301/40-10).
(Source: P.A. 99-69, eff. 1-1-16.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution

HB6595 - 98 - LRB099 14972 RLC 40047 b
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) (Blank) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) or (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine, fentanyl, or an analog thereof.
(D-5) (Blank) A violation of subdivision (c)(1) of
Section 401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing heroin
or an analog thereof.
(E) (Blank) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 2 or greater felony) classified as a Class
2 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency

HB6595 - 99 - LRB099 14972 RLC 40047 b
Act. This subparagraph (F) does not apply to a violation of
the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

HB6595 - 100 - LRB099 14972 RLC 40047 b
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her

HB6595 - 101 - LRB099 14972 RLC 40047 b
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or

HB6595 - 102 - LRB099 14972 RLC 40047 b
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section

HB6595 - 103 - LRB099 14972 RLC 40047 b
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a

HB6595 - 104 - LRB099 14972 RLC 40047 b
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not

HB6595 - 105 - LRB099 14972 RLC 40047 b
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.

HB6595 - 106 - LRB099 14972 RLC 40047 b
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously

HB6595 - 107 - LRB099 14972 RLC 40047 b
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced

HB6595 - 108 - LRB099 14972 RLC 40047 b
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the

HB6595 - 109 - LRB099 14972 RLC 40047 b
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with

HB6595 - 110 - LRB099 14972 RLC 40047 b
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is

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relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the

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judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.

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(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board

HB6595 - 114 - LRB099 14972 RLC 40047 b
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under

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this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation

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under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional sentence credit for good conduct as provided
under Section 3-6-3.

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(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an offender to a term of

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imprisonment in excess of the maximum sentence authorized by
Article 4.5 of Chapter V for an offense or offenses within the
class of the most serious offense of which the offender was
convicted unless the factors in aggravation set forth in
Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found
to be present. If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3
of the Code of Criminal Procedure of 1963, the judge may
sentence an offender to an extended term as provided in Article
4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(c) An extended term as provided in Article 4.5 of Chapter
V of this Code shall not be imposed for a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

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not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
HB6595 - 120 - LRB099 14972 RLC 40047 b
INDEX
Statutes amended in order of appearance
720 ILCS 550/4 from Ch. 56 1/2, par. 704
720 ILCS 550/5 from Ch. 56 1/2, par. 705
720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1
720 ILCS 550/5.2 from Ch. 56 1/2, par. 705.2
720 ILCS 550/7 from Ch. 56 1/2, par. 707
720 ILCS 550/8 from Ch. 56 1/2, par. 708
720 ILCS 550/9 rep.
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
720 ILCS 570/404 from Ch. 56 1/2, par. 1404
720 ILCS 570/405.2
720 ILCS 570/407 from Ch. 56 1/2, par. 1407
720 ILCS 570/407.1 from Ch. 56 1/2, par. 1407.1
720 ILCS 570/407.2 from Ch. 56 1/2, par. 1407.2
720 ILCS 570/405 rep.
720 ILCS 570/405.1 rep.
720 ILCS 570/408 rep.
720 ILCS 646/15
720 ILCS 646/20
720 ILCS 646/25
720 ILCS 646/30
720 ILCS 646/35
HB6595 - 121 - LRB099 14972 RLC 40047 b