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| Public Act 095-0690 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Methamphetamine Control and Community | ||||
Protection Act is amended by changing Section 25 as follows: | ||||
(720 ILCS 646/25)
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Sec. 25. Anhydrous ammonia. | ||||
(a) Possession, procurement, transportation, storage, or | ||||
delivery of anhydrous ammonia with the intent that it be used | ||||
to manufacture methamphetamine.
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(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.
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(2) A person who violates paragraph (1) of this | ||||
subsection
(a) is guilty of a Class 1 felony.
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(b) Aggravated possession, procurement, transportation, | ||||
storage, or delivery of anhydrous ammonia with the intent that | ||||
it be used to manufacture methamphetamine.
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(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:
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(A) the person knowingly does so in a multi-unit | ||
dwelling;
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(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 | ||
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;
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(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
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(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.
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(2) A person who violates paragraph (1) of this | ||
subsection (b) 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.
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(c) Possession, procurement, transportation, storage, or | ||
delivery of anhydrous ammonia in an unauthorized container.
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(1) It is unlawful to knowingly possess, procure, | ||
transport, store, or deliver anhydrous ammonia in an | ||
unauthorized container.
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(1.5) It is unlawful to attempt to possess, procure, | ||
transport, store, or deliver anhydrous ammonia in an | ||
unauthorized container.
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(2) A person who violates paragraph (1) of this | ||
subsection (c) is guilty of a Class 3 felony.
A person who | ||
violates paragraph (1.5) of this subsection (c) is guilty | ||
of a Class 4 felony.
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(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.
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(d) Tampering with anhydrous ammonia equipment.
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(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:
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(A) removes or attempts to remove anhydrous | ||
ammonia from the anhydrous ammonia equipment used by | ||
the lawful owner;
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(B) damages or attempts to damage the anhydrous | ||
ammonia equipment used by the lawful owner; or
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(C) vents or attempts to vent anhydrous ammonia
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into the environment.
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(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.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2008.
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