HB4093 EngrossedLRB098 15651 RLC 50682 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



 
4    Section 5. The Methamphetamine Control and Community 
5Protection Act is amended  by changing Section 15 as follows:
 
6    (720 ILCS 646/15)
7    Sec. 15. Participation in methamphetamine manufacturing.  
8    (a) Participation in methamphetamine manufacturing.
        
9        (1) It is unlawful to knowingly participate in the 
10    manufacture of methamphetamine with the intent that 
11    methamphetamine or a substance containing methamphetamine 
12    be produced.
        
13        (2) A person who violates paragraph (1) of this 
14    subsection (a) is subject to the following penalties:
            
15            (A) A person who participates in the manufacture of 
16        less than 15 grams of methamphetamine or a substance 
17        containing methamphetamine is guilty of a Class 1 
18        felony.
            
19            (B) A person who participates in the manufacture of 
20        15 or more grams but less than 100 grams of 
21        methamphetamine or a substance containing 
22        methamphetamine is guilty of a Class X felony, subject 
23        to a term of imprisonment of not less than 6 years and 
 
 
HB4093 Engrossed- 2 -LRB098 15651 RLC 50682 b

1        not more than 30 years, and subject to a fine not to 
2        exceed $100,000 or the street value of the 
3        methamphetamine manufactured, whichever is greater.
            
4            (C) A person who participates in the manufacture of 
5        100 or more grams but less than 400 grams of 
6        methamphetamine or a substance containing 
7        methamphetamine is guilty of a Class X felony, subject 
8        to a term of imprisonment of not less than 9 years and 
9        not more than 40 years, and subject to a fine not to 
10        exceed $200,000 or the street value of the 
11        methamphetamine manufactured, whichever is greater.
            
12            (D) A person who participates in the manufacture of 
13        400 or more grams but less than 900 grams of 
14        methamphetamine or a substance containing 
15        methamphetamine is guilty of a Class X felony, subject 
16        to a term of imprisonment of not less than 12 years and 
17        not more than 50 years, and subject to a fine not to 
18        exceed $300,000 or the street value of the 
19        methamphetamine manufactured, whichever is greater.
            
20            (E) A person who participates in the manufacture of 
21        900 grams or more of methamphetamine or a substance 
22        containing methamphetamine is guilty of a Class X 
23        felony, subject to a term of imprisonment of not less 
24        than 15 years and not more than 60 years, and subject 
25        to a fine not to exceed $400,000 or the street value of 
26        the methamphetamine, whichever is greater.
    
 
 
HB4093 Engrossed- 3 -LRB098 15651 RLC 50682 b

1    (b) Aggravated participation in methamphetamine 
2manufacturing.
        
3        (1) It is unlawful to engage in aggravated 
4    participation in the manufacture of methamphetamine. A 
5    person engages in aggravated participation in the 
6    manufacture of methamphetamine when the person violates 
7    paragraph (1) of subsection (a) and:
            
8            (A) the person knowingly does so in a multi-unit 
9        dwelling;
            
10            (B) the person knowingly does so in a structure or 
11        vehicle where a child under the age of 18, a person 
12        with a disability, or a person 60 years of age or older 
13        who is incapable of adequately providing for his or her 
14        own health and personal care  resides, is present, or is 
15        endangered by the manufacture of methamphetamine;
            
16            (C) the person does so in a structure or vehicle 
17        where a woman the person knows to be pregnant 
18        (including but not limited to the person herself) 
19        resides, is present, or is endangered by the 
20        methamphetamine manufacture;
            
21            (D) the person knowingly does so in a structure or 
22        vehicle protected by one or more firearms, explosive 
23        devices, booby traps, alarm systems, surveillance 
24        systems, guard dogs, or dangerous animals;
            
25            (E) the methamphetamine manufacturing in which the 
26        person participates is a contributing cause of the 
 
 
HB4093 Engrossed- 4 -LRB098 15651 RLC 50682 b

1        death, serious bodily injury, disability, or 
2        disfigurement of another person, including but not 
3        limited to an emergency service provider;
            
4            (F) the methamphetamine manufacturing in which the 
5        person participates is a contributing cause of a fire 
6        or explosion that damages property belonging to 
7        another person;

8            (G) the person knowingly organizes, directs, or 
9        finances the methamphetamine manufacturing or 
10        activities carried out in support of the 
11        methamphetamine manufacturing; or

12            (H)  the methamphetamine manufacturing occurs 
13        within 1,000 feet of a place of worship or parsonage, 
14        or within 1,000 feet of the real property comprising 
15        any school.

16        (2) A person who violates paragraph (1) of this 
17    subsection (b) is subject to the following penalties:
            
18            (A) A person who participates in the manufacture of 
19        less than 15 grams of methamphetamine or a substance 
20        containing methamphetamine is guilty of a Class X 
21        felony, subject to a term of imprisonment of not less 
22        than 6 years and not more than 30 years, and subject to 
23        a fine not to exceed $100,000 or the street value of 
24        the methamphetamine, whichever is greater.
            
25            (B) A person who participates in the manufacture of 
26        15 or more grams but less than 100 grams of 
 
 
HB4093 Engrossed- 5 -LRB098 15651 RLC 50682 b

1        methamphetamine or a substance containing 
2        methamphetamine is guilty of a Class X felony, subject 
3        to a term of imprisonment of not less than 9 years and 
4        not more than 40 years, and subject to a fine not to 
5        exceed $200,000 or the street value of the 
6        methamphetamine, whichever is greater.
            
7            (C) A person who participates in the manufacture of 
8        100 or more grams but less than 400 grams of 
9        methamphetamine or a substance containing 
10        methamphetamine is guilty of a Class X felony, subject 
11        to a term of imprisonment of not less than 12 years and 
12        not more than 50 years, and subject to a fine not to 
13        exceed $300,000 or the street value of the 
14        methamphetamine, whichever is greater.
            
15            (D) A person who participates in the manufacture of 
16        400 grams or more of methamphetamine or a substance 
17        containing methamphetamine is guilty of a Class X 
18        felony, subject to a term of imprisonment of not less 
19        than 15 years and not more than 60 years, and subject 
20        to a fine not to exceed $400,000 or the street value of 
21        the methamphetamine, whichever is greater.


22(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 
2395-571, eff. 6-1-08.)