Public Act 098-0371
 
HB0806 EnrolledLRB098 03642 RLC 33658 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 Methamphetamine Precursor Control Act is 
amended  by changing Sections 10, 20, and 40 as follows:
 
    (720 ILCS 648/10)
    Sec. 10. Definitions. In this Act:
    "Administer" or "administration" has the meaning provided 
in Section 102 of the Illinois Controlled Substances Act.
    "Agent" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Authorized representative" means an employee or agent of a 
qualified outside entity who has been authorized in writing by 
his or her agency or office to receive confidential information 
from the Central Repository.
    "Central Repository" means the entity chosen by the 
Illinois State Police to handle electronic transaction records 
as described in this Act.
    "Convenience package" means any package that contains 360 
milligrams or less of ephedrine or pseudoephedrine, their salts 
or optical isomers, or salts of optical isomers in liquid or 
liquid-filled capsule form.
    "Covered pharmacy" means any pharmacy that distributes any 
amount of targeted methamphetamine precursor that is 
physically located in Illinois. 
    "Deliver" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Dispense" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.

    "Distribute" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act. 
    "Electronic transaction record" means, with respect to the 
distribution of a targeted methamphetamine precursor by a 
pharmacy to a recipient under Section 25 of this Act, an 
electronic record that includes: the name and address of  the 
recipient; date and time of the transaction; brand and product 
name and total quantity distributed of ephedrine or 
pseudoephedrine, their salts, or optical isomers, or salts of 
optical isomers; identification type and identification number 
of the identification presented by the recipient; and the name 
and address of the pharmacy.
    "Identification information" means identification type and 
identification number.
    "Identification number" means the number that appears on 
the identification furnished by the recipient of a targeted 
methamphetamine precursor.
    "Identification type" means the type of identification 
furnished by the recipient of a targeted methamphetamine 
precursor such as, by way of example only, an Illinois driver's 
license or United States passport.
    "List I chemical" has the meaning provided in 21 U.S.C. 
Section 802.
    "Methamphetamine precursor" has the meaning provided in 
Section 10 of the Methamphetamine Control and Community 
Protection Act. 
    "Package" means an item packaged and marked for retail sale 
that is not designed to be further broken down or subdivided 
for the purpose of retail sale.
    "Pharmacist" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.

    "Pharmacy" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Practitioner" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.
    "Prescriber" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Prescription" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.
    "Procure" means to purchase, steal, gather, or otherwise 
obtain, for oneself or another person, by legal or illegal 
means, or to cause another to take that action. 
    "Qualified outside entity" means a law enforcement agency 
or prosecutor's office with authority to identify, 
investigate, or prosecute violations of this Act or any other 
State or federal law or rule involving a methamphetamine 
precursor, methamphetamine, or any other controlled substance.
    "Readily retrievable" has the meaning provided in 21 C.F.R. 
part 1300.
    "Recipient" means a person purchasing, receiving, or 
otherwise acquiring a targeted methamphetamine precursor from 
a pharmacy in Illinois, as described in Section 25 of this Act.
    "Retail distributor" means a grocery store, general 
merchandise store, drug store, other merchandise store, or 
other entity or person whose activities as a distributor 
relating to drug products containing targeted methamphetamine 
precursor are limited exclusively or almost exclusively to 
sales for personal use by an ultimate user, both in number of 
sales and volume of sales, either directly to walk-in customers 
or in face-to-face transactions by direct sales. 
    "Sales employee" means any employee or agent, other than a 
pharmacist or pharmacy technician who at any time (a) operates 
a cash register at which convenience

packages may be sold, (b) 
stocks shelves containing convenience packages, or (c) trains 
or supervises any other employee or agent who engages in any of 
the preceding activities.
    "Single retail transaction" means a sale by a retail 
distributor to a recipient at a specific time.
    "Targeted methamphetamine precursor" means any compound, 
mixture, or preparation that contains any detectable quantity 
of ephedrine or pseudoephedrine, their salts or optical 
isomers, or salts of optical isomers.
    "Targeted package" means a package, including a 
convenience package,  containing any amount of targeted 
methamphetamine precursor.
    "Ultimate user" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.

(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
 
    (720 ILCS 648/20)
    Sec. 20. Restrictions on purchase, receipt, or 
acquisition. 
    (a) Except as provided in subsection (e) of this Section, 
any person 18 years of age or older wishing to purchase, 
receive, or otherwise acquire a targeted methamphetamine 
precursor shall, prior to taking possession of the targeted 
methamphetamine precursor:

        (1) provide a driver's license or other 
    government-issued identification showing the person's 
    name, date of birth, and photograph; and
        (2) sign a log documenting the name and address of the 
    person, date and time of the transaction, and brand and 
    product name and total quantity distributed of ephedrine or 
    pseudoephedrine, their salts, or optical isomers, or salts 
    of optical isomers.
    (b) Except as provided in subsection (e) of this Section, 
no person shall knowingly purchase, receive, or otherwise 
acquire, within any 30-day period products containing more than 
a total of  7,500 milligrams of ephedrine or pseudoephedrine, 
their salts or optical isomers, or salts of optical isomers.

    (c) Except as provided in subsections (d) and (e) of this 
Section, no person shall knowingly purchase, receive, or 
otherwise acquire more than 2 targeted packages in a single 
retail transaction.
    (d) Except as provided in subsection (e) of this Section, 
no person shall knowingly purchase, receive, or otherwise 
acquire more than one convenience package from a retail 
location other than a pharmacy counter in a 24-hour period.
    (e) This Section shall not apply to any person who 
purchases, receives, or otherwise acquires a targeted 
methamphetamine precursor for the purpose of dispensing, 
distributing, or administering it in a lawful manner described 
in subsection (e) of Section 15 of this Act.

    (f) A person shall not knowingly procure a targeted 
methamphetamine precursor for a third party for the purpose of 
evading this Act, the Illinois Controlled Substances Act, or 
the Methamphetamine Control and Community Protection Act. 
(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
 


    (720 ILCS 648/40)

    Sec. 40. Penalties. 
    (a)  Violations of subsection (b) of Section 20 of this Act.
        (1)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act is subject to the 
    following penalties:
            (A) More than 7,500 milligrams but less than 15,000 
        milligrams, Class B misdemeanor;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class A misdemeanor;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 4 felony;
            (D)  30,000 or more but less than 37,500 milligrams, 
        Class 3 felony;
            (E)  37,500 or more but less than 45,000 milligrams, 
        Class 2 felony:
            (F)  45,000 or more  milligrams, Class 1 felony.
        (2)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act, and who has 
    previously been convicted of any methamphetamine-related 
    offense under any State or federal law, is subject to the 
    following penalties:
            (A)  More than 7,500 milligrams but less than 15,000 
        milligrams, Class A misdemeanor;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class 4 felony;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 3 felony;
            (D)  30,000 or more but less than 37,500 milligrams, 
        Class 2 felony;
            (E)  37,500 or more milligrams, Class 1 felony.
        (3)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act, and who has 
    previously been convicted 2 or more times of any 
    methamphetamine-related offense under State or federal 
    law, is subject to the following penalties:
            (A)  More than 7,500 milligrams but less than 15,000 
        milligrams, Class 4 felony;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class 3 felony;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 2 felony;
            (D)  30,000 or more milligrams, Class 1 felony.
    (b)  Violations of Section 15, 20, 25, 30, or 35 of this 
Act, other than violations of subsection (b) or (f) of Section 
20 of this Act.
        (1) Any pharmacy or retail distributor that violates 
    Section 15, 20, 25, 30, or 35 of this Act, other than 
    subsection (b) or (f) of Section 20 of this Act, is guilty 
    of a petty offense and subject to a fine of $500 for a 
    first offense; and $1,000 for a second offense occurring at 
    the same retail location as and within 3 years of the prior 
    offense. A pharmacy or retail distributor that violates 
    this Act is guilty of a business offense and subject to a 
    fine of $5,000 for a third or subsequent offense occurring 
    at the same retail location as and within 3 years of the 
    prior offenses.
        (2) An employee or agent of a pharmacy or retail 
    distributor who violates Section 15, 20, 25, 30, or 35 of 
    this Act, other than subsection (b) or (f) of Section 20 of 
    this Act, is guilty of a Class A misdemeanor for a first 
    offense, a Class 4 felony for a second offense, and a Class 
    1 felony for a third or subsequent offense.
        (3) Any other person who violates Section 15, 20, 25, 
    30, or 35 of this Act, other than subsection (b) or (f) of 
    Section 20 of this Act, is guilty of a Class B misdemeanor 
    for a first offense, a Class A misdemeanor for a second 
    offense, and a Class 4 felony for a third or subsequent 
    offense.
    (c)  (Blank).
    (d)  (Blank).
    (e)
 Any person who, in order to acquire a targeted 
methamphetamine precursor, knowingly uses or provides the 
driver's license or government-issued identification of 
another person, or who knowingly uses or provides a fictitious 
or unlawfully altered driver's license or government-issued 
identification, or who otherwise knowingly provides false 
information, is guilty of a Class 4 felony for a first offense, 
a Class 3 felony for a second offense, and a Class 2 felony for 
a third or subsequent offense.
    For purposes of this subsection (e), the terms "fictitious 
driver's license", "unlawfully altered driver's license", and 
"false information" have the meanings ascribed to them in 
Section 6-301.1 of the Illinois Vehicle Code.


    (f) Any person who violates subsection (f) of Section 20 of 
this Act is guilty of a Class A misdemeanor for the first 
conviction, and a Class 4 felony for a second or subsequent 
conviction. 
(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.