Bill Text: IL SB3075 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Changes the penalty for motor vehicle theft and conversion from a Class 2 to a Class 3 felony. Amends the Criminal Code of 2012. Changes the penalty for burglary to a watercraft, aircraft, motor vehicle, railroad car, or any part thereof from a Class 2 to a Class 3 felony. Amends the Cannabis Control Act. Changes the offense of delivery of cannabis on school grounds. Provides that the enhanced penalties for this offense apply to delivery within 500 feet (rather than 1,000 feet) of the real property comprising a school and at the time of the violation: (1) persons under the age of 18 are present, (2) the offense is committed during school hours, or (3) the offense is committed at a time when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after school activities are occurring. Amends the Illinois Controlled Substances Act, Eliminates the greater than 6 year minimum enhanced Class X felony violations for the knowing manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, other than methamphetamine, a counterfeit substance, or a controlled substance analog. Makes changes to the statute concerning delivering controlled substances in schools and parks. Amends the Unified Code of Corrections. Permits Class X offenders of the Cannabis Control Act and Illinois Controlled Substances Act to be eligible to participate in the impact incarceration program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB3075 Detail]

Download: Illinois-2015-SB3075-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3075 Introduced 2/19/2016, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Changes the penalty for motor vehicle theft and conversion from a Class 2 to a Class 3 felony. Amends the Criminal Code of 2012. Changes the penalty for burglary to a watercraft, aircraft, motor vehicle, railroad car, or any part thereof from a Class 2 to a Class 3 felony. Amends the Cannabis Control Act. Changes the offense of delivery of cannabis on school grounds. Provides that the enhanced penalties for this offense apply to delivery within 500 feet (rather than 1,000 feet) of the real property comprising a school and at the time of the violation: (1) persons under the age of 18 are present, (2) the offense is committed during school hours, or (3) the offense is committed at a time when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after school activities are occurring. Amends the Illinois Controlled Substances Act, Eliminates the greater than 6 year minimum enhanced Class X felony violations for the knowing manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, other than methamphetamine, a counterfeit substance, or a controlled substance analog. Makes changes to the statute concerning delivering controlled substances in schools and parks. Amends the Unified Code of Corrections. Permits Class X offenders of the Cannabis Control Act and Illinois Controlled Substances Act to be eligible to participate in the impact incarceration program.
LRB099 19689 RLC 44086 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3075 LRB099 19689 RLC 44086 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 Illinois Vehicle Code is amended by changing
Section 4-103 as follows:
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a
violation of this Chapter for:
(1) A person not entitled to the possession of a
vehicle or essential part of a vehicle to receive, possess,
conceal, sell, dispose, or transfer it, knowing it to have
been stolen or converted; additionally the General
Assembly finds that the acquisition and disposition of
vehicles and their essential parts are strictly controlled
by law and that such acquisitions and dispositions are
reflected by documents of title, uniform invoices, rental
contracts, leasing agreements and bills of sale. It may be
inferred, therefore that a person exercising exclusive
unexplained possession over a stolen or converted vehicle
or an essential part of a stolen or converted vehicle has
knowledge that such vehicle or essential part is stolen or

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converted, regardless of whether the date on which such
vehicle or essential part was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface,
destroy, falsify, or forge a manufacturer's identification
number of a vehicle or an engine number of a motor vehicle
or any essential part thereof having an identification
number;
(3) A person to knowingly conceal or misrepresent the
identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or dispose
of a vehicle, or any essential part thereof, with knowledge
that the identification number of the vehicle or any
essential part thereof having an identification number has
been removed or falsified;
(5) A person to knowingly possess, buy, sell, exchange,
give away, or offer to buy, sell, exchange or give away,
any manufacturer's identification number plate, mylar
sticker, federal certificate label, State police
reassignment plate, Secretary of State assigned plate,
rosette rivet, or facsimile of such which has not yet been
attached to or has been removed from the original or
assigned vehicle. It is an affirmative defense to
subsection (a) of this Section that the person possessing,
buying, selling or exchanging a plate mylar sticker or
label described in this paragraph is a police officer doing
so as part of his official duties, or is a manufacturer's

SB3075 - 3 - LRB099 19689 RLC 44086 b
authorized representative who is replacing any
manufacturer's identification number plate, mylar sticker
or Federal certificate label originally placed on the
vehicle by the manufacturer of the vehicle or any essential
part thereof;
(6) A person to knowingly make a false report of the
theft or conversion of a vehicle to any police officer of
this State or any employee of a law enforcement agency of
this State designated by the law enforcement agency to
take, receive, process, or record reports of vehicle theft
or conversion.
(a-1) A person engaged in the repair or servicing of
vehicles does not violate this Chapter by knowingly possessing
a manufacturer's identification number plate for the purpose of
reaffixing it on the same damaged vehicle from which it was
originally taken, if the person reaffixes or intends to reaffix
the original manufacturer's identification number plate in
place of the identification number plate affixed on a new
dashboard that has been or will be installed in the vehicle.
The person must notify the Secretary of State each time the
original manufacturer's identification number plate is
reaffixed on a vehicle. The person must keep a record
indicating that the identification number plate affixed on the
new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed
on the vehicle. The person also must keep a record regarding

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the status and location of the identification number plate
removed from the replacement dashboard. The Secretary shall
adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection
(a-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the
officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this
Section shall be guilty of a Class 3 Class 2 felony.
(c) The offenses set forth in subsection (a) of this
Section shall not include the offense set forth in Section
4-103.2 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 19-1 as follows:
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or
she knowingly enters or without authority remains within a
building, housetrailer, watercraft, aircraft, motor vehicle,
railroad car, or any part thereof, with intent to commit
therein a felony or theft. This offense shall not include the

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offenses set out in Section 4-102 of the Illinois Vehicle Code.
(b) Sentence.
Burglary committed in a watercraft, aircraft, motor
vehicle, railroad car, or any part thereof is a Class 3 felony.
Burglary committed in a building, housetrailer, or any part
thereof is a Class 2 felony. A burglary committed in a school,
day care center, day care home, group day care home, or part
day child care facility, or place of worship is a Class 1
felony, except that this provision does not apply to a day care
center, day care home, group day care home, or part day child
care facility operated in a private residence used as a
dwelling.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a day care center, day care home, group
day care home, or part day child care facility, the time of
day, time of year, and whether children under 18 years of age
were present in the day care center, day care home, group day
care home, or part day child care facility are irrelevant.
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
Section 15. The Cannabis Control Act is amended by changing
Section 5.2 as follows:
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a) Any person who violates subsection (e) of Section 5 in

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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 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, and at the time of the violation:
(1) persons under the age of 18 are present; (2) the offense is
committed during school hours; or (3) the offense is committed
at a time when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, or on
the real property, such as when after school activities are
occurring is guilty of a Class 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 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 activity, and at the time of the violation:
(1) persons under the age of 18 are present; (2) the offense is
committed during school hours; or (3) the offense is committed
at a time when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, or on

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the real property, such as when after school activities are
occurring is guilty of a Class 2 felony, the fine for which
shall not exceed $100,000;
(c) Any person who violates subsection (c) 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 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, and at the time of the violation:
(1) persons under the age of 18 are present; (2) the offense is
committed during school hours; or (3) the offense is committed
at a time when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, or on
the real property, such as when after school activities are
occurring is guilty of a Class 3 felony, the fine for which
shall not exceed $50,000;
(d) 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 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 activity, and at the time of the violation:

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(1) persons under the age of 18 are present; (2) the offense is
committed during school hours; or (3) the offense is committed
at a time when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, or on
the real property, such as when after school activities are
occurring is guilty of a Class 4 felony, the fine for which
shall not exceed $25,000;
(e) 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 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 activity, and at the time of the violation:
(1) persons under the age of 18 are present; (2) the offense is
committed during school hours; or (3) the offense is committed
at a time when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, or on
the real property, such as when after school activities are
occurring is guilty of a Class A misdemeanor.
(Source: P.A. 87-544.)
Section 20. The Illinois Controlled Substances Act is
amended by changing Sections 401, 402, and 407 as follows:

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(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
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

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contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
400 100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 6 9 years and not more than 40
years with respect to 400 100 grams or more but less
than 900 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 6 12 years and not more than 50
years with respect to 900 400 grams or more but less
than 900 grams of a substance containing heroin, or an
analog thereof;
(D) (blank); not less than 15 years and not more
than 60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(1.5) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
400 100 grams of a substance containing fentanyl, or an
analog thereof;
(B) not less than 6 9 years and not more than 40
years with respect to 400 100 grams or more but less
than 900 400 grams of a substance containing fentanyl,
or an analog thereof;

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(C) not less than 6 12 years and not more than 50
years with respect to 900 400 grams or more but less
than 900 grams of a substance containing fentanyl, or
an analog thereof;
(D) (blank); not less than 15 years and not more
than 60 years with respect to 900 grams or more of a
substance containing fentanyl, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
400 100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 6 9 years and not more than 40
years with respect to 400 100 grams or more but less
than 900 400 grams of a substance containing cocaine,
or an analog thereof;
(C) not less than 6 12 years and not more than 50
years with respect to 900 400 grams or more but less
than 900 grams of a substance containing cocaine, or an
analog thereof;
(D) (blank); not less than 15 years and not more
than 60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
400 100 grams of a substance containing morphine, or an
analog thereof;

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(B) not less than 6 9 years and not more than 40
years with respect to 400 100 grams or more but less
than 900 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 6 12 years and not more than 50
years with respect to 900 400 grams or more but less
than 900 grams of a substance containing morphine, or
an analog thereof;
(D) (blank); not less than 15 years and not more
than 60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more 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) 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) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 400 100 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

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object or objects but less than 800 200 objects or 800
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) not less than 6 9 years and not more than 40
years with respect to: (i) 400 100 grams or more but
less than 900 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 800 200 or more objects or 800 200 or
more segregated parts of an object or objects but less
than 2400 600 objects or less than 2400 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) not less than 6 12 years and not more than 50
years with respect to: (i) 900 400 grams or more but
less than 900 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
2400 600 or more objects or 2400 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;

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(D) (blank); not less than 15 years and not more than
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) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 400 100 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) 15 or more pills, tablets, caplets, capsules, or
objects but less than 800 200 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) not less than 6 9 years and not more than 40
years with respect to: (i) 400 100 grams or more but
less than 900 400 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

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Section 204, or an analog or derivative thereof, or
(ii) 800 200 or more pills, tablets, caplets, capsules,
or objects but less than 2400 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) not less than 6 12 years and not more than 50
years with respect to: (i) 900 400 grams or more but
less 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) 2400 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

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(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) 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) 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) 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) 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) 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) 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;

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(10.8) 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) 100 grams or more of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) 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 the substance containing the

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controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 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, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 1 gram or more but less than 15 grams of any
substance containing heroin, or an analog thereof;
(1.5) 1 gram or more but less than 15 grams of any
substance containing fentanyl, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 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;
(6) 50 grams or more but less than 200 grams of any

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substance containing amphetamine or any salt of an optical
isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(7) (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 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) (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) 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;

SB3075 - 20 - LRB099 19689 RLC 44086 b
(9) 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;
(10) 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;
(10.5) 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;
(10.6) 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;
(10.7) 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;
(10.8) 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;
(10.9) 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

SB3075 - 21 - LRB099 19689 RLC 44086 b
thereof;
(11) 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-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 (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 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with 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.

SB3075 - 22 - LRB099 19689 RLC 44086 b
(f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to 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.
(h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(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 570/402) (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

SB3075 - 23 - LRB099 19689 RLC 44086 b
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, shall be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) a person in possession of not less than 4 years
and not more than 15 years with respect to 15 grams or

SB3075 - 24 - LRB099 19689 RLC 44086 b
more but less than 50 100 grams of a substance
containing heroin is guilty of a Class 3 felony;
(B) a person in possession of 50 not less than 6
years and not more than 30 years with respect to 100
grams or more but less than 100 400 grams of a
substance containing heroin is guilty of a Class 2
felony;
(C) a person in possession of more than 100 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 is guilty of a Class 1
felony;
(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 person in possession of not less than 4 years
and not more than 15 years with respect to 15 grams or
more but less than 50 100 grams of any substance
containing cocaine is guilty of a Class 3 felony;
(B) a person in possession of 50 not less than 6
years and not more than 30 years with respect to 100
grams or more but less than 100 400 grams of any
substance containing cocaine is guilty of a Class 2
felony;
(C) a person in possession of more than 100 not
less than 8 years and not more than 40 years with

SB3075 - 25 - LRB099 19689 RLC 44086 b
respect to 400 grams or more but less than 900 grams of
any substance containing cocaine is guilty of a Class 1
felony;
(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 person in possession of not less than 4 years
and not more than 15 years with respect to 15 grams or
more but less than 50 100 grams of any substance
containing morphine is guilty of a Class 3 felony;
(B) a person in possession of 50 not less than 6
years and not more than 30 years with respect to 100
grams or more but less than 100 400 grams of any
substance containing morphine is guilty of a Class 2
felony;
(C) a person in possession of more than 100 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 is guilty of a Class
1 felony;
(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 person in possession of 200 grams or more of any
substance containing peyote is guilty of a Class 1 felony;
(5) a person in possession of 200 grams or more of any

SB3075 - 26 - LRB099 19689 RLC 44086 b
substance containing a derivative of barbituric acid or any
of the salts of a derivative of barbituric acid is guilty
of a Class 1 felony;
(6) a person in possession of 200 grams or more of any
substance containing amphetamine or any salt of an optical
isomer of amphetamine is guilty of a Class 1 felony;
(6.5) (blank);
(7) (A) a person is guilty of a Class 3 felony if he or
she in possession of: not less than 4 years and not
more than 15 years with respect to: (i) 15 grams or
more but less than 50 100 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 100 200 objects or 100 200 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 person is guilty of a Class 2 felony if he or
she is in possession of: not less than 6 years and not
more than 30 years with respect to: (i) 50 100 grams or
more but less than 100 400 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 100 200 or more objects or 100
200 or more segregated parts of an object or objects
but less than 300 600 objects or less than 300 600

SB3075 - 27 - LRB099 19689 RLC 44086 b
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 person is guilty of a Class 1 felony if he or
she is in possession of: not less than 8 years and not
more than 40 years with respect to: (i) 100 400 grams
or more but less than 900 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 300 600 or more objects or 300
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 person is guilty of a Class 3 felony if he
or she is in possession of: not less than 4 years and
not more than 15 years with respect to: (i) 15 grams or

SB3075 - 28 - LRB099 19689 RLC 44086 b
more but less than 50 100 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 100 200 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
Section 204, or an analog or derivative thereof;
(B) a person is guilty of a Class 2 felony if he or
she is in possession of: not less than 6 years and not
more than 30 years with respect to: (i) 50 100 grams or
more but less than 100 400 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) 100 200 or more pills,
tablets, caplets, capsules, or objects but less than
300 600 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;

SB3075 - 29 - LRB099 19689 RLC 44086 b
(C) a person is guilty of a Class 1 felony if he or
she is in possession of: not less than 8 years and not
more than 40 years with respect to: (i) 100 400 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) 300 600 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 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;

SB3075 - 30 - LRB099 19689 RLC 44086 b
(8) a person in possession of 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 is guilty of a Class 1 felony;
(9) a person in possession of 30 grams or more of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone is guilty of a
Class 1 felony;
(10) a person in possession of 30 grams or more of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP)is
guilty of a Class 1 felony;
(10.5) a person in possession of 30 grams or more of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine is guilty of a
Class 1 felony;
(11) a person in possession of 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 is
guilty of a Class 1 felony.
(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

SB3075 - 31 - LRB099 19689 RLC 44086 b
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 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 4 felony. The fine for a violation punishable
under this subsection (c) shall not 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 570/407) (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 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

SB3075 - 32 - LRB099 19689 RLC 44086 b
Subsection (b) of Section 404.
(B) (Blank).
(2) 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
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

SB3075 - 33 - LRB099 19689 RLC 44086 b
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
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) 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) 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

SB3075 - 34 - LRB099 19689 RLC 44086 b
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:
(1) subsection (c) of Section 401:
(A) 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; ,
(B) 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;
(C) or within 500 1,000 feet of the real property
comprising any school, and at the time of the
violation: (i) persons under the age of 18 are present,
(ii) the offense is committed during school hours, or
(iii) the offense is committed at a time when persons
under the age of 18 are reasonably expected to be
present in the school, in the conveyance, or on the

SB3075 - 35 - LRB099 19689 RLC 44086 b
real property, such as when after school activities are
occurring; 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
(D) within 500 feet of a 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 for
which shall not exceed $500,000;
(2) subsection (d) of Section 401:

SB3075 - 36 - LRB099 19689 RLC 44086 b
(A) 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; ,
(B) 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
(C) within 500 1,000 feet of the real property
comprising any school, and at the time of the
violation: (i) persons under the age of 18 are present,
(ii) the offense is committed during school hours, or
(iii) the offense is committed at a time when persons
under the age of 18 are reasonably expected to be
present in the school, in the conveyance, or on the
real property, such as when after school activities are
occurring; or 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
(D) within 500 feet of a public park, on the real
property comprising any church, synagogue, or other

SB3075 - 37 - LRB099 19689 RLC 44086 b
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 1 felony, the fine for
which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b) of
Section 404:
(A) 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

SB3075 - 38 - LRB099 19689 RLC 44086 b
development, or public park; ,
(B) 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
(C) within 500 1,000 feet of the real property
comprising any school, and at the time of the
violation: (i) persons under the age of 18 are present,
(ii) the offense is committed during school hours, or
(iii) the offense is committed at a time when persons
under the age of 18 are reasonably expected to be
present in the school, in the conveyance, or on the
real property, such as when after school activities are
occurring; or 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
(D) within 500 feet of a 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

SB3075 - 39 - LRB099 19689 RLC 44086 b
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:
(A) 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; ,
(B) 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

SB3075 - 40 - LRB099 19689 RLC 44086 b
(C) within 500 1,000 feet of the real property
comprising any school, and at the time of the
violation: (i) persons under the age of 18 are present,
(ii) the offense is committed during school hours, or
(iii) the offense is committed at a time when persons
under the age of 18 are reasonably expected to be
present in the school, in the conveyance, or on the
real property, such as when after school activities are
occurring; or 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
(D) within 500 feet of a 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

SB3075 - 41 - LRB099 19689 RLC 44086 b
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:
(A) 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; ,
(B) 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
(C) within 500 1,000 feet of the real property
comprising any school and at the time of the violation:
(i) persons under the age of 18 are present, (ii) the
offense is committed during school hours, or (iii) the
offense is committed at a time when persons under the
age of 18 are reasonably expected to be present in the
school, in the conveyance, or on the real property,

SB3075 - 42 - LRB099 19689 RLC 44086 b
such as when after school activities are occurring; 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
(D) within 500 feet of a 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 $125,000;
(6) subsection (h) of Section 401:

SB3075 - 43 - LRB099 19689 RLC 44086 b
(A) 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; ,
(B) 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
(C) within 500 1,000 feet of the real property
comprising any school, and at the time of the
violation: (i) persons under the age of 18 are present,
(ii) the offense is committed during school hours, or
(iii) the offense is committed at a time when persons
under the age of 18 are reasonably expected to be
present in the school, in the conveyance, or on the
real property, such as when after school activities are
occurring; or 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
(D) within 500 feet of a public park, on the real
property comprising any church, synagogue, or other

SB3075 - 44 - LRB099 19689 RLC 44086 b
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 $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.)
Section 25. The Unified Code of Corrections is amended by

SB3075 - 45 - LRB099 19689 RLC 44086 b
changing Sections 5-4.5-95 and 5-8-1.1 as follows:
(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
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

SB3075 - 46 - LRB099 19689 RLC 44086 b
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
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

SB3075 - 47 - LRB099 19689 RLC 44086 b
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.
(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.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, except for an offense

SB3075 - 48 - LRB099 19689 RLC 44086 b
listed in subsection (c) of this Section, 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, except for an offense
listed in subsection (c) of this Section, 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:
(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.
(c) Subsection (b) of this Section does not apply to Class
1 or Class 2 felony convictions for a violation of:
(1) subsections (c) or (d) of Section 401, or
subsection (a) of Section 402 of the Illinois Controlled
Substances Act;
(2) Section 4 or Section 5 of the Cannabis Control Act;
(3) Section 16-1 of the Criminal Code of 2012.
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

SB3075 - 49 - LRB099 19689 RLC 44086 b
301/40-10).
(Source: P.A. 99-69, eff. 1-1-16.)
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact incarceration.
(a) The Department may establish and operate an impact
incarceration program for eligible offenders. If the court
finds under Section 5-4-1 that an offender sentenced to a term
of imprisonment for a felony may meet the eligibility
requirements of the Department, the court may in its sentencing
order approve the offender for placement in the impact
incarceration program conditioned upon his acceptance in the
program by the Department. Notwithstanding the sentencing
provisions of this Code, the sentencing order also shall
provide that if the Department accepts the offender in the
program and determines that the offender has successfully
completed the impact incarceration program, the sentence shall
be reduced to time considered served upon certification to the
court by the Department that the offender has successfully
completed the program. In the event the offender is not
accepted for placement in the impact incarceration program or
the offender does not successfully complete the program, his
term of imprisonment shall be as set forth by the court in its
sentencing order.
(b) In order to be eligible to participate in the impact
incarceration program, the committed person shall meet all of

SB3075 - 50 - LRB099 19689 RLC 44086 b
the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility.
(3) The person has not been convicted of a Class X
felony, first or second degree murder, armed violence,
aggravated kidnapping, criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, forcible detention, residential
arson, place of worship arson, or arson and has not been
convicted previously of any of those offenses. This
paragraph (3) does not prohibit a person who is otherwise
eligible under this Section and who is convicted of a Class
X felony violation under the Illinois Controlled
Substances Act or Cannabis Control Act from receiving an
impact incarceration program recommendation.
(4) The person has been sentenced to a term of
imprisonment of 8 years or less.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in the impact
incarceration program.

SB3075 - 51 - LRB099 19689 RLC 44086 b
(7) The person has consented in writing to
participation in the impact incarceration program and to
the terms and conditions thereof.
(8) The person was recommended and approved for
placement in the impact incarceration program in the
court's sentencing order.
The Department may also consider, among other matters,
whether the committed person has any outstanding detainers or
warrants, whether the committed person has a history of
escaping or absconding, whether participation in the impact
incarceration program may pose a risk to the safety or security
of any person and whether space is available.
(c) The impact incarceration program shall include, among
other matters, mandatory physical training and labor, military
formation and drills, regimented activities, uniformity of
dress and appearance, education and counseling, including drug
counseling where appropriate.
(d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio and a library may be suspended or restricted,
notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact
incarceration program shall adhere to all Department rules and
all requirements of the program. Committed persons shall be
informed of rules of behavior and conduct. Disciplinary
procedures required by this Code or by Department rule are not

SB3075 - 52 - LRB099 19689 RLC 44086 b
applicable except in those instances in which the Department
seeks to revoke good time.
(f) Participation in the impact incarceration program
shall be for a period of 120 to 180 days. The period of time a
committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
(g) The committed person shall serve a term of mandatory
supervised release as set forth in subsection (d) of Section
5-8-1.
(h) A committed person may be removed from the program for
a violation of the terms or conditions of the program or in the
event he is for any reason unable to participate. The
Department shall promulgate rules and regulations governing
conduct which could result in removal from the program or in a
determination that the committed person has not successfully
completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall
receive notice and have the opportunity to appear before and
address one or more hearing officers. A committed person may be
transferred to any of the Department's facilities prior to the
hearing.
(i) The Department may terminate the impact incarceration
program at any time.
(j) The Department shall report to the Governor and the
General Assembly on or before September 30th of each year on
the impact incarceration program, including the composition of

SB3075 - 53 - LRB099 19689 RLC 44086 b
the program by the offenders, by county of commitment,
sentence, age, offense and race.
(k) The Department of Corrections shall consider the
affirmative action plan approved by the Department of Human
Rights in hiring staff at the impact incarceration facilities.
(Source: P.A. 97-800, eff. 7-13-12.)
SB3075 - 54 - LRB099 19689 RLC 44086 b
INDEX
Statutes amended in order of appearance