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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||
5 | Section 4-103 as follows:
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6 | (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
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7 | Sec. 4-103.
Offenses relating to motor vehicles and other
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8 | vehicles - Felonies.
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9 | (a) Except as provided in subsection (a-1), it is a | ||||||||||||||||||||||||
10 | violation of this
Chapter for:
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11 | (1) A person not entitled to the possession of a | ||||||||||||||||||||||||
12 | vehicle or essential
part of a vehicle to receive, possess, | ||||||||||||||||||||||||
13 | conceal, sell, dispose, or transfer
it, knowing it to have | ||||||||||||||||||||||||
14 | been stolen or converted; additionally the General
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15 | Assembly finds that the acquisition and disposition of | ||||||||||||||||||||||||
16 | vehicles and their
essential parts are strictly controlled | ||||||||||||||||||||||||
17 | by law and that such acquisitions
and dispositions are | ||||||||||||||||||||||||
18 | reflected by documents of title, uniform invoices,
rental | ||||||||||||||||||||||||
19 | contracts, leasing agreements and bills of sale. It may be
| ||||||||||||||||||||||||
20 | inferred, therefore that a person exercising exclusive | ||||||||||||||||||||||||
21 | unexplained
possession over a stolen or converted vehicle | ||||||||||||||||||||||||
22 | or an essential part of a
stolen or converted vehicle has | ||||||||||||||||||||||||
23 | knowledge that such vehicle or essential
part is stolen or |
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| |||||||
1 | converted, regardless of whether the date on which such
| ||||||
2 | vehicle or essential part was stolen is recent or remote;
| ||||||
3 | (2) A person to knowingly remove, alter, deface, | ||||||
4 | destroy,
falsify, or forge a
manufacturer's identification | ||||||
5 | number of a vehicle or an engine number of
a motor vehicle | ||||||
6 | or any essential part thereof having an identification
| ||||||
7 | number;
| ||||||
8 | (3) A person to knowingly conceal or misrepresent the | ||||||
9 | identity of a
vehicle or any essential part thereof;
| ||||||
10 | (4) A person to buy, receive, possess, sell or dispose | ||||||
11 | of a vehicle,
or any essential part thereof, with knowledge | ||||||
12 | that the identification
number of the vehicle or any | ||||||
13 | essential part thereof having an
identification number has | ||||||
14 | been removed or falsified;
| ||||||
15 | (5) A person to knowingly possess, buy, sell, exchange, | ||||||
16 | give away, or
offer to buy, sell, exchange or give away, | ||||||
17 | any manufacturer's
identification number plate, mylar | ||||||
18 | sticker, federal certificate label,
State police | ||||||
19 | reassignment plate, Secretary of State assigned plate, | ||||||
20 | rosette
rivet, or facsimile of such which has not yet been | ||||||
21 | attached to or has been
removed from the original or | ||||||
22 | assigned vehicle. It is an affirmative
defense to | ||||||
23 | subsection (a) of this Section that the person possessing,
| ||||||
24 | buying, selling or exchanging a plate mylar sticker or | ||||||
25 | label described in
this paragraph is a police officer doing | ||||||
26 | so as part of his official duties,
or is a manufacturer's |
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| |||||||
1 | authorized representative
who is replacing any
| ||||||
2 | manufacturer's identification number plate, mylar sticker | ||||||
3 | or Federal
certificate label originally placed on the | ||||||
4 | vehicle by the manufacturer of
the vehicle or any essential | ||||||
5 | part
thereof;
| ||||||
6 | (6) A person to knowingly make a false report of the | ||||||
7 | theft or conversion
of a vehicle to any police officer of | ||||||
8 | this State or any employee of a law
enforcement agency of | ||||||
9 | this State designated by the law enforcement agency to
| ||||||
10 | take, receive, process, or record reports of vehicle theft | ||||||
11 | or conversion.
| ||||||
12 | (a-1) A person engaged in the repair or servicing of | ||||||
13 | vehicles does not
violate
this
Chapter by knowingly possessing | ||||||
14 | a manufacturer's identification number plate
for the
purpose of | ||||||
15 | reaffixing it on the same damaged vehicle from which it was
| ||||||
16 | originally taken,
if the person reaffixes or intends to reaffix | ||||||
17 | the original manufacturer's
identification
number plate in | ||||||
18 | place of the identification number plate affixed on a new
| ||||||
19 | dashboard that
has been or will be installed in the vehicle. | ||||||
20 | The person must notify the
Secretary of State
each time the | ||||||
21 | original manufacturer's identification number plate is | ||||||
22 | reaffixed
on a
vehicle. The person must keep a record | ||||||
23 | indicating that the identification
number plate
affixed on the | ||||||
24 | new dashboard has been removed and has been replaced by the
| ||||||
25 | manufacturer's identification number plate originally affixed | ||||||
26 | on the vehicle.
The person
also must keep a record regarding |
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| |||||||
1 | the status and location of the identification
number
plate | ||||||
2 | removed from the replacement dashboard.
The Secretary shall | ||||||
3 | adopt rules for implementing this subsection (a-1).
| ||||||
4 | (a-2) The owner of a vehicle repaired under subsection | ||||||
5 | (a-1) must,
within 90 days of the date of the repairs, contact | ||||||
6 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
7 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
8 | officer or the officer's designee, at a mutually agreed upon
| ||||||
9 | date and location.
| ||||||
10 | (b) Sentence. A person convicted of a violation of this | ||||||
11 | Section shall
be guilty of a Class 3 Class 2 felony.
| ||||||
12 | (c) The offenses set forth in subsection (a) of this | ||||||
13 | Section shall not
include the offense set forth in Section | ||||||
14 | 4-103.2 of this Code.
| ||||||
15 | (Source: P.A. 93-456, eff. 8-8-03.)
| ||||||
16 | Section 10. The Criminal Code of 2012 is amended by | ||||||
17 | changing Section 19-1 as follows:
| ||||||
18 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
| ||||||
19 | Sec. 19-1. Burglary.
| ||||||
20 | (a) A person commits burglary when without authority he or | ||||||
21 | she knowingly enters
or without authority remains within a | ||||||
22 | building, housetrailer, watercraft,
aircraft, motor vehicle, | ||||||
23 | railroad
car, or any part thereof, with intent to commit | ||||||
24 | therein a felony or theft.
This offense shall not include the |
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| |||||||
1 | offenses set out in Section 4-102 of the
Illinois Vehicle Code.
| ||||||
2 | (b) Sentence.
| ||||||
3 | Burglary committed in a watercraft, aircraft, motor | ||||||
4 | vehicle, railroad car, or any part thereof is a Class 3 felony. | ||||||
5 | Burglary committed in a building, housetrailer, or any part | ||||||
6 | thereof is a Class 2 felony. A burglary committed in a school, | ||||||
7 | day care center, day care home, group day care home, or part | ||||||
8 | day child care facility, or place of
worship is a
Class 1 | ||||||
9 | felony, except that this provision does not apply to a day care | ||||||
10 | center, day care home, group day care home, or part day child | ||||||
11 | care facility operated in a private residence used as a | ||||||
12 | dwelling.
| ||||||
13 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
14 | violations committed in a day care center, day care home, group | ||||||
15 | day care home, or part day child care facility, the time of | ||||||
16 | day, time of year, and whether children under 18 years of age | ||||||
17 | were present in the day care center, day care home, group day | ||||||
18 | care home, or part day child care facility are irrelevant. | ||||||
19 | (Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
| ||||||
20 | Section 15. The Cannabis Control Act is amended by changing | ||||||
21 | Section 5.2 as follows:
| ||||||
22 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||
23 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
24 | (a) Any person who violates subsection (e) of Section 5 in |
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| |||||||
1 | any school,
on the real property comprising any school, or any | ||||||
2 | conveyance owned, leased
or contracted by a school to transport | ||||||
3 | students to or from school or a
school related activity, or on | ||||||
4 | any public way within 500
1,000 feet of the real property | ||||||
5 | comprising any school, or any conveyance
owned, leased or | ||||||
6 | contracted by a school to transport students to or from
school | ||||||
7 | or a school related activity, and at the time of the violation: | ||||||
8 | (1) persons under the age of 18 are present; (2) the offense is | ||||||
9 | committed during school hours; or (3) the offense is committed | ||||||
10 | at a time when persons under the age of 18 are reasonably | ||||||
11 | expected to be present in the school, in the conveyance, or on | ||||||
12 | the real property, such as when after school activities are | ||||||
13 | occurring is guilty of a Class
1 felony, the fine for which | ||||||
14 | shall not exceed $200,000;
| ||||||
15 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
16 | any school,
on the real property comprising any school, or any | ||||||
17 | conveyance owned, leased
or contracted by a school to transport | ||||||
18 | students to or from school or a
school related activity, or on | ||||||
19 | any public way within 500 1,000 feet of the real
property | ||||||
20 | comprising any school, or any conveyance owned, leased or
| ||||||
21 | contracted by a school to transport students to or from school | ||||||
22 | or a school
related activity, and at the time of the violation: | ||||||
23 | (1) persons under the age of 18 are present; (2) the offense is | ||||||
24 | committed during school hours; or (3) the offense is committed | ||||||
25 | at a time when persons under the age of 18 are reasonably | ||||||
26 | expected to be present in the school, in the conveyance, or on |
| |||||||
| |||||||
1 | the real property, such as when after school activities are | ||||||
2 | occurring is guilty of a Class 2 felony, the fine for which | ||||||
3 | shall
not exceed $100,000;
| ||||||
4 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
5 | any school,
on the real property comprising any school, or any | ||||||
6 | conveyance owned, leased
or contracted by a school to transport | ||||||
7 | students to or from school or a
school related activity, or on | ||||||
8 | any public way within 500 1,000 feet of the real
property | ||||||
9 | comprising any school, or any conveyance owned, leased or
| ||||||
10 | contracted by a school to transport students to or from school | ||||||
11 | or a school
related activity, and at the time of the violation: | ||||||
12 | (1) persons under the age of 18 are present; (2) the offense is | ||||||
13 | committed during school hours; or (3) the offense is committed | ||||||
14 | at a time when persons under the age of 18 are reasonably | ||||||
15 | expected to be present in the school, in the conveyance, or on | ||||||
16 | the real property, such as when after school activities are | ||||||
17 | occurring is guilty of a Class 3 felony, the fine for which | ||||||
18 | shall
not exceed $50,000;
| ||||||
19 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
20 | any school,
on the real property comprising any school, or any | ||||||
21 | conveyance owned, leased
or contracted by a school to transport | ||||||
22 | students to or from school or a
school related activity, or on | ||||||
23 | any public way within 500 1,000 feet of the real
property | ||||||
24 | comprising any school, or any conveyance owned, leased or
| ||||||
25 | contracted by a school to transport students to or from school | ||||||
26 | or a school
related activity, and at the time of the violation: |
| |||||||
| |||||||
1 | (1) persons under the age of 18 are present; (2) the offense is | ||||||
2 | committed during school hours; or (3) the offense is committed | ||||||
3 | at a time when persons under the age of 18 are reasonably | ||||||
4 | expected to be present in the school, in the conveyance, or on | ||||||
5 | the real property, such as when after school activities are | ||||||
6 | occurring is guilty of a Class 4 felony, the fine for which | ||||||
7 | shall
not exceed $25,000;
| ||||||
8 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
9 | any school,
on the real property comprising any school, or any | ||||||
10 | conveyance owned, leased
or contracted by a school to transport | ||||||
11 | students to or from school or a
school related activity, on any | ||||||
12 | public way within 500 1,000 feet of the real
property | ||||||
13 | comprising any school, or any conveyance owned, leased or
| ||||||
14 | contracted by a school to transport students to or from school | ||||||
15 | or a school
related activity, and at the time of the violation: | ||||||
16 | (1) persons under the age of 18 are present; (2) the offense is | ||||||
17 | committed during school hours; or (3) the offense is committed | ||||||
18 | at a time when persons under the age of 18 are reasonably | ||||||
19 | expected to be present in the school, in the conveyance, or on | ||||||
20 | the real property, such as when after school activities are | ||||||
21 | occurring is guilty of a Class A misdemeanor.
| ||||||
22 | (Source: P.A. 87-544.)
| ||||||
23 | Section 20. The Illinois Controlled Substances Act is | ||||||
24 | amended by changing Sections 401, 402, and 407 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||||||
2 | Sec. 401. Except as authorized by this Act, it is unlawful | ||||||
3 | for any
person knowingly to manufacture or deliver, or possess | ||||||
4 | with intent to
manufacture or deliver, a controlled substance | ||||||
5 | other than methamphetamine, a counterfeit substance, or a | ||||||
6 | controlled
substance analog. A violation of this Act with | ||||||
7 | respect to each of the controlled
substances listed herein | ||||||
8 | constitutes a single and separate violation of this
Act. For | ||||||
9 | purposes of this Section, "controlled substance analog" or | ||||||
10 | "analog"
means a substance, other than a controlled substance, | ||||||
11 | that has a chemical structure substantially similar to that of | ||||||
12 | a controlled
substance in Schedule I or II, or that was | ||||||
13 | specifically designed to produce
an effect substantially | ||||||
14 | similar to that of a controlled substance in Schedule
I or II. | ||||||
15 | Examples of chemical classes in which controlled substance | ||||||
16 | analogs
are found include, but are not limited to, the | ||||||
17 | following: phenethylamines,
N-substituted piperidines, | ||||||
18 | morphinans, ecgonines, quinazolinones, substituted
indoles, | ||||||
19 | and arylcycloalkylamines. For purposes of this Act, a | ||||||
20 | controlled
substance analog shall be treated in the same manner | ||||||
21 | as the controlled
substance to which it is substantially | ||||||
22 | similar.
| ||||||
23 | (a) Any person who violates this Section with respect to | ||||||
24 | the following
amounts of controlled or counterfeit substances | ||||||
25 | or controlled substance
analogs, notwithstanding any of the | ||||||
26 | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
| |||||||
| |||||||
1 | contrary, is guilty of a Class X felony
and shall be sentenced | ||||||
2 | to a term of imprisonment as provided in this subsection
(a) | ||||||
3 | and fined as provided in subsection (b):
| ||||||
4 | (1) (A) not less than 6 years and not more than 30 | ||||||
5 | years with respect
to 15 grams or more but less than | ||||||
6 | 400 100 grams of a substance containing
heroin, or an | ||||||
7 | analog thereof;
| ||||||
8 | (B) not less than 6 9 years and not more than 40 | ||||||
9 | years with respect to 400 100
grams or more but less | ||||||
10 | than 900 400 grams of a substance containing heroin, or
| ||||||
11 | an analog thereof;
| ||||||
12 | (C) not less than 6 12 years and not more than 50 | ||||||
13 | years with respect to
900 400 grams or more but less | ||||||
14 | than 900 grams of a substance containing heroin,
or an | ||||||
15 | analog thereof;
| ||||||
16 | (D) (blank); not less than 15 years and not more | ||||||
17 | than 60 years with respect to
900 grams or more of any | ||||||
18 | substance containing heroin, or an analog thereof;
| ||||||
19 | (1.5) (A) not less than 6 years and not more than 30 | ||||||
20 | years with respect to 15 grams or more but less than | ||||||
21 | 400 100 grams of a substance containing fentanyl, or an | ||||||
22 | analog thereof;
| ||||||
23 | (B) not less than 6 9 years and not more than 40 | ||||||
24 | years with respect to 400 100 grams or more but less | ||||||
25 | than 900 400 grams of a substance containing fentanyl, | ||||||
26 | or an analog thereof; |
| |||||||
| |||||||
1 | (C) not less than 6 12 years and not more than 50 | ||||||
2 | years with respect to 900 400 grams or more but less | ||||||
3 | than 900 grams of a substance containing fentanyl, or | ||||||
4 | an analog thereof; | ||||||
5 | (D) (blank); not less than 15 years and not more | ||||||
6 | than 60 years with respect to 900 grams or more of a | ||||||
7 | substance containing fentanyl, or an analog thereof ;
| ||||||
8 | (2) (A) not less than 6 years and not more than 30 | ||||||
9 | years with respect
to 15 grams or more but less than | ||||||
10 | 400 100 grams of a substance containing
cocaine, or an | ||||||
11 | analog thereof;
| ||||||
12 | (B) not less than 6 9 years and not more than 40 | ||||||
13 | years with respect to 400 100
grams or more but less | ||||||
14 | than 900 400 grams of a substance containing cocaine, | ||||||
15 | or
an analog thereof;
| ||||||
16 | (C) not less than 6 12 years and not more than 50 | ||||||
17 | years with respect to
900 400 grams or more but less | ||||||
18 | than 900 grams of a substance containing cocaine,
or an | ||||||
19 | analog thereof;
| ||||||
20 | (D) (blank); not less than 15 years and not more | ||||||
21 | than 60 years with respect to
900 grams or more of any | ||||||
22 | substance containing cocaine, or an analog thereof;
| ||||||
23 | (3) (A) not less than 6 years and not more than 30 | ||||||
24 | years with respect
to 15 grams or more but less than | ||||||
25 | 400 100 grams of a substance containing
morphine, or an | ||||||
26 | analog thereof;
|
| |||||||
| |||||||
1 | (B) not less than 6 9 years and not more than 40 | ||||||
2 | years with respect to
400 100 grams or more but less | ||||||
3 | than 900 400 grams of a substance containing morphine,
| ||||||
4 | or an analog thereof;
| ||||||
5 | (C) not less than 6 12 years and not more than 50 | ||||||
6 | years with respect to
900 400 grams or more but less | ||||||
7 | than 900 grams of a substance containing
morphine, or | ||||||
8 | an analog thereof;
| ||||||
9 | (D) (blank); not less than 15 years and not more | ||||||
10 | than 60 years with respect to
900 grams or more of a | ||||||
11 | substance containing morphine, or an analog thereof;
| ||||||
12 | (4) 200 grams or more of any substance containing | ||||||
13 | peyote, or an
analog thereof;
| ||||||
14 | (5) 200 grams or more of any substance containing a | ||||||
15 | derivative of
barbituric acid or any of the salts of a | ||||||
16 | derivative of barbituric acid, or
an analog thereof;
| ||||||
17 | (6) 200 grams or more of any substance containing | ||||||
18 | amphetamine
or any salt of an optical isomer of | ||||||
19 | amphetamine,
or an analog thereof;
| ||||||
20 | (6.5) (blank);
| ||||||
21 | (6.6) (blank);
| ||||||
22 | (7) (A) not less than 6 years and not more than 30 | ||||||
23 | years with respect
to: (i) 15 grams or more but less | ||||||
24 | than 400 100 grams of a substance containing
lysergic | ||||||
25 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
26 | 15 or
more objects or 15 or more segregated parts of an |
| |||||||
| |||||||
1 | object or objects but
less than 800 200 objects or 800 | ||||||
2 | 200 segregated parts of an object or objects
containing | ||||||
3 | in them or having upon them any amounts of any | ||||||
4 | substance
containing lysergic acid diethylamide (LSD), | ||||||
5 | or an analog thereof;
| ||||||
6 | (B) not less than 6 9 years and not more than 40 | ||||||
7 | years with respect
to: (i) 400 100 grams or more but | ||||||
8 | less than 900 400 grams of a substance containing
| ||||||
9 | lysergic acid diethylamide (LSD), or an analog | ||||||
10 | thereof, or (ii) 800 200 or more
objects or 800 200 or | ||||||
11 | more segregated parts of an object or objects but less
| ||||||
12 | than 2400 600 objects or less than 2400 600 segregated | ||||||
13 | parts of an object or objects
containing in them or | ||||||
14 | having upon them any amount of any substance
containing | ||||||
15 | lysergic acid diethylamide (LSD), or an analog | ||||||
16 | thereof;
| ||||||
17 | (C) not less than 6 12 years and not more than 50 | ||||||
18 | years with respect
to: (i) 900 400 grams or more but | ||||||
19 | less than 900 grams of a substance containing
lysergic | ||||||
20 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
21 | 2400 600 or more
objects or 2400 600 or more segregated | ||||||
22 | parts of an object or objects but less
than 1500 | ||||||
23 | objects or 1500 segregated parts of an object or | ||||||
24 | objects
containing in them or having upon them any | ||||||
25 | amount of any substance
containing lysergic acid | ||||||
26 | diethylamide (LSD), or an analog thereof;
|
| |||||||
| |||||||
1 | (D) (blank); not less than 15 years and not more than | ||||||
2 | 60 years with respect
to: (i) 900 grams or more of any | ||||||
3 | substance containing lysergic acid
diethylamide (LSD), or | ||||||
4 | an analog thereof, or (ii) 1500 or more objects or
1500 or | ||||||
5 | more segregated parts of an object or objects containing in | ||||||
6 | them or
having upon them any amount of a substance | ||||||
7 | containing lysergic acid
diethylamide (LSD), or an analog | ||||||
8 | thereof;
| ||||||
9 | (7.5) (A) not less than 6 years and not more than 30 | ||||||
10 | years with respect
to:
(i) 15
grams or more but less | ||||||
11 | than 400 100 grams of a substance listed in paragraph | ||||||
12 | (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
13 | (20.1), (21), (25), or (26) of subsection
(d) of | ||||||
14 | Section 204, or an analog or derivative thereof, or | ||||||
15 | (ii) 15 or more
pills, tablets, caplets, capsules, or | ||||||
16 | objects but less than 800 200 pills, tablets,
caplets, | ||||||
17 | capsules, or objects containing in them or having upon | ||||||
18 | them any
amounts of any substance listed in paragraph | ||||||
19 | (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | ||||||
20 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
21 | Section 204, or
an analog or derivative thereof;
| ||||||
22 | (B) not less than 6 9 years and not more than 40 | ||||||
23 | years with respect to:
(i) 400 100 grams or more but | ||||||
24 | less than 900 400 grams of a substance listed in
| ||||||
25 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), | ||||||
26 | (20),
(20.1), (21), (25), or (26) of subsection (d) of |
| |||||||
| |||||||
1 | Section 204, or an analog or
derivative thereof, or | ||||||
2 | (ii) 800 200 or more pills, tablets, caplets, capsules, | ||||||
3 | or
objects but less than 2400 600 pills, tablets, | ||||||
4 | caplets, capsules, or objects
containing in them or | ||||||
5 | having upon them any amount of any substance listed in
| ||||||
6 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), | ||||||
7 | (20), (20.1), (21), (25), or (26)
of subsection (d) of | ||||||
8 | Section 204, or an analog or derivative thereof;
| ||||||
9 | (C) not less than 6 12 years and not more than 50 | ||||||
10 | years with respect to:
(i) 900 400 grams or more but | ||||||
11 | less than 900 grams of a substance listed in
paragraph | ||||||
12 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
13 | (20.1), (21), (25), or (26)
of subsection (d) of | ||||||
14 | Section 204, or an analog or derivative thereof,
or | ||||||
15 | (ii) 2400 600 or more pills, tablets, caplets, | ||||||
16 | capsules, or objects but less than
1,500 pills, | ||||||
17 | tablets, caplets, capsules, or objects
containing in | ||||||
18 | them or having upon them any amount of any substance | ||||||
19 | listed in
paragraph (1), (2), (2.1), (2.2), (3), | ||||||
20 | (14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||||||
21 | subsection (d) of Section 204, or an analog or | ||||||
22 | derivative thereof;
| ||||||
23 | (D) (blank); not less than 15 years and not more | ||||||
24 | than 60 years with respect to:
(i) 900 grams or more of | ||||||
25 | any substance listed in paragraph (1), (2), (2.1),
| ||||||
26 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
| |||||||
| |||||||
1 | (26) of subsection (d) of
Section 204, or an analog or | ||||||
2 | derivative thereof, or (ii) 1,500 or more pills,
| ||||||
3 | tablets, caplets, capsules, or objects containing in | ||||||
4 | them or having upon them
any amount
of a substance | ||||||
5 | listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
6 | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | ||||||
7 | subsection (d) of Section 204, or an analog or | ||||||
8 | derivative thereof;
| ||||||
9 | (8) 30 grams or more of any substance containing | ||||||
10 | pentazocine or any of
the salts, isomers and salts of | ||||||
11 | isomers of pentazocine, or an analog thereof;
| ||||||
12 | (9) 30 grams or more of any substance containing | ||||||
13 | methaqualone or any of
the salts, isomers and salts of | ||||||
14 | isomers of methaqualone, or an analog thereof;
| ||||||
15 | (10) 30 grams or more of any substance containing | ||||||
16 | phencyclidine or any
of the salts, isomers and salts of | ||||||
17 | isomers of phencyclidine (PCP),
or an analog thereof;
| ||||||
18 | (10.5) 30 grams or more of any substance containing | ||||||
19 | ketamine
or any of the salts, isomers and salts of isomers | ||||||
20 | of ketamine,
or an analog thereof;
| ||||||
21 | (10.6) 100 grams or more of any substance containing | ||||||
22 | hydrocodone, or any of the salts, isomers and salts of | ||||||
23 | isomers of hydrocodone, or an analog thereof; | ||||||
24 | (10.7) 100 grams or more of any substance containing | ||||||
25 | dihydrocodeinone, or any of the salts, isomers and salts of | ||||||
26 | isomers of dihydrocodeinone, or an analog thereof; |
| |||||||
| |||||||
1 | (10.8) 100 grams or more of any substance containing | ||||||
2 | dihydrocodeine, or any of the salts, isomers and salts of | ||||||
3 | isomers of dihydrocodeine, or an analog thereof; | ||||||
4 | (10.9) 100 grams or more of any substance containing | ||||||
5 | oxycodone, or any of the salts, isomers and salts of | ||||||
6 | isomers of oxycodone, or an analog thereof; | ||||||
7 | (11) 200 grams or more of any substance containing any | ||||||
8 | other controlled
substance classified in Schedules I or II, | ||||||
9 | or an analog thereof, which is
not otherwise included in | ||||||
10 | this subsection.
| ||||||
11 | (b) Any person sentenced with respect to violations of | ||||||
12 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
13 | involving
100 grams or
more of the
controlled substance named | ||||||
14 | therein, may in addition to the penalties
provided therein, be | ||||||
15 | fined an amount not more than $500,000 or the full
street value | ||||||
16 | of the controlled or counterfeit substance or controlled | ||||||
17 | substance
analog, whichever is greater. The term "street value" | ||||||
18 | shall have the
meaning ascribed in Section 110-5 of the Code of | ||||||
19 | Criminal Procedure of
1963. Any person sentenced with respect | ||||||
20 | to any other provision of
subsection (a), may in addition to | ||||||
21 | the penalties provided therein, be fined
an amount not to | ||||||
22 | exceed $500,000. | ||||||
23 | (b-1) Excluding violations of this Act when the controlled | ||||||
24 | substance is fentanyl, any person sentenced to a term of | ||||||
25 | imprisonment with respect to violations of Section 401, 401.1, | ||||||
26 | 405, 405.1, 405.2, or 407, when the substance containing the |
| |||||||
| |||||||
1 | controlled substance contains any amount of fentanyl, 3 years | ||||||
2 | shall be added to the term of imprisonment imposed by the | ||||||
3 | court, and the maximum sentence for the offense shall be | ||||||
4 | increased by 3 years.
| ||||||
5 | (c) Any person who violates this Section with regard to the
| ||||||
6 | following amounts of controlled or counterfeit substances
or | ||||||
7 | controlled substance analogs, notwithstanding any of the | ||||||
8 | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||||||
9 | to the
contrary, is guilty of a Class 1 felony. The fine for | ||||||
10 | violation of this
subsection (c) shall not be more than | ||||||
11 | $250,000:
| ||||||
12 | (1) 1 gram or more but less than 15 grams of any
| ||||||
13 | substance containing heroin, or an analog thereof;
| ||||||
14 | (1.5) 1 gram or more but less than 15 grams of any | ||||||
15 | substance containing fentanyl, or an analog thereof;
| ||||||
16 | (2) 1 gram or more but less than 15
grams of any | ||||||
17 | substance containing cocaine, or an analog thereof;
| ||||||
18 | (3) 10 grams or more but less than 15 grams of any | ||||||
19 | substance
containing morphine, or an analog thereof;
| ||||||
20 | (4) 50 grams or more but less than 200 grams of any | ||||||
21 | substance
containing peyote, or an analog thereof;
| ||||||
22 | (5) 50 grams or more but less than 200 grams of any | ||||||
23 | substance
containing a derivative of barbituric acid or any | ||||||
24 | of the salts of a
derivative of barbituric acid, or an | ||||||
25 | analog thereof;
| ||||||
26 | (6) 50 grams or more but less than 200 grams of any |
| |||||||
| |||||||
1 | substance
containing amphetamine or any salt of an optical | ||||||
2 | isomer
of amphetamine, or an analog thereof;
| ||||||
3 | (6.5) (blank);
| ||||||
4 | (7) (i) 5 grams or more but less than 15 grams of any | ||||||
5 | substance
containing lysergic acid diethylamide (LSD), or | ||||||
6 | an analog thereof,
or (ii)
more than 10 objects or more | ||||||
7 | than 10 segregated parts of an object or objects
but less | ||||||
8 | than 15 objects or less than 15 segregated parts of an | ||||||
9 | object
containing in them or having upon them any amount of | ||||||
10 | any substance
containing lysergic acid diethylamide (LSD), | ||||||
11 | or an analog thereof;
| ||||||
12 | (7.5) (i) 5 grams or more but less than 15 grams of any | ||||||
13 | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
14 | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | ||||||
15 | subsection (d) of Section 204, or an analog or derivative | ||||||
16 | thereof, or
(ii) more than 10 pills, tablets, caplets, | ||||||
17 | capsules, or objects but less than
15 pills, tablets, | ||||||
18 | caplets, capsules, or objects containing in them or having
| ||||||
19 | upon them any amount of any substance listed in paragraph | ||||||
20 | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | ||||||
21 | (21), (25), or (26) of subsection (d) of
Section 204, or an | ||||||
22 | analog or derivative thereof;
| ||||||
23 | (8) 10 grams or more but less than 30 grams of any | ||||||
24 | substance
containing pentazocine or any of the salts, | ||||||
25 | isomers and salts of isomers of
pentazocine, or an analog | ||||||
26 | thereof;
|
| |||||||
| |||||||
1 | (9) 10 grams or more but less than 30 grams of any | ||||||
2 | substance
containing methaqualone or any of the salts, | ||||||
3 | isomers and salts of isomers
of methaqualone, or an analog | ||||||
4 | thereof;
| ||||||
5 | (10) 10 grams or more but less than 30 grams of any | ||||||
6 | substance
containing phencyclidine or any of the salts, | ||||||
7 | isomers and salts of isomers
of phencyclidine (PCP), or an | ||||||
8 | analog thereof;
| ||||||
9 | (10.5) 10 grams or more but less than 30 grams of any | ||||||
10 | substance
containing ketamine or any of the salts, isomers | ||||||
11 | and salts of
isomers of ketamine, or an analog thereof;
| ||||||
12 | (10.6) 50 grams or more but less than 100 grams of any | ||||||
13 | substance containing hydrocodone, or any of the salts, | ||||||
14 | isomers and salts of isomers of hydrocodone, or an analog | ||||||
15 | thereof; | ||||||
16 | (10.7) 50 grams or more but less than 100 grams of any | ||||||
17 | substance containing dihydrocodeinone, or any of the | ||||||
18 | salts, isomers and salts of isomers of dihydrocodeinone, or | ||||||
19 | an analog thereof; | ||||||
20 | (10.8) 50 grams or more but less than 100 grams of any | ||||||
21 | substance containing dihydrocodeine, or any of the salts, | ||||||
22 | isomers and salts of isomers of dihydrocodeine, or an | ||||||
23 | analog thereof; | ||||||
24 | (10.9) 50 grams or more but less than 100 grams of any | ||||||
25 | substance containing oxycodone, or any of the salts, | ||||||
26 | isomers and salts of isomers of oxycodone, or an analog |
| |||||||
| |||||||
1 | thereof; | ||||||
2 | (11) 50 grams or more but less than 200 grams of any | ||||||
3 | substance
containing a substance classified in Schedules I | ||||||
4 | or II, or an analog
thereof, which is not otherwise | ||||||
5 | included in this subsection.
| ||||||
6 | (c-5) (Blank).
| ||||||
7 | (d) Any person who violates this Section with regard to any | ||||||
8 | other
amount of a controlled or counterfeit substance | ||||||
9 | containing dihydrocodeinone or dihydrocodeine or classified in
| ||||||
10 | Schedules I or II, or an analog thereof, which is (i) a | ||||||
11 | narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an | ||||||
12 | analog thereof,
(iii) any
substance containing amphetamine or | ||||||
13 | fentanyl or any salt or optical
isomer of amphetamine or | ||||||
14 | fentanyl, or an analog thereof, or (iv) any
substance | ||||||
15 | containing N-Benzylpiperazine (BZP) or any salt or optical
| ||||||
16 | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is | ||||||
17 | guilty
of a Class 2 felony. The fine for violation of this | ||||||
18 | subsection (d) shall
not be more than $200,000.
| ||||||
19 | (d-5) (Blank).
| ||||||
20 | (e) Any person who violates this Section with regard to any | ||||||
21 | other
amount of a controlled substance other than | ||||||
22 | methamphetamine or counterfeit substance classified in
| ||||||
23 | Schedule I or II, or an analog thereof, which substance is not
| ||||||
24 | included under subsection (d) of this Section, is
guilty of a | ||||||
25 | Class 3 felony. The fine for violation of this subsection (e)
| ||||||
26 | shall not be more than $150,000.
|
| |||||||
| |||||||
1 | (f) Any person who violates this Section with regard to any | ||||||
2 | other
amount of a controlled or counterfeit substance | ||||||
3 | classified in
Schedule III is guilty of a Class 3 felony. The | ||||||
4 | fine for violation of
this subsection (f) shall not be more | ||||||
5 | than $125,000.
| ||||||
6 | (g) Any person who violates this Section with regard to any | ||||||
7 | other
amount of a controlled or counterfeit substance | ||||||
8 | classified
in Schedule IV is guilty of a Class 3 felony. The | ||||||
9 | fine for violation of
this subsection (g) shall not be more | ||||||
10 | than $100,000.
| ||||||
11 | (h) Any person who violates this Section with regard to any | ||||||
12 | other
amount of a controlled or counterfeit substance | ||||||
13 | classified in
Schedule V is guilty of a Class 3 felony. The | ||||||
14 | fine for violation of this
subsection (h) shall not be more | ||||||
15 | than $75,000.
| ||||||
16 | (i) This Section does not apply to the manufacture, | ||||||
17 | possession or
distribution of a substance in conformance with | ||||||
18 | the provisions of an approved
new drug application or an | ||||||
19 | exemption for investigational use within the
meaning of Section | ||||||
20 | 505 of the Federal Food, Drug and Cosmetic Act.
| ||||||
21 | (j) (Blank).
| ||||||
22 | (Source: P.A. 99-371, eff. 1-1-16 .)
| ||||||
23 | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||||||
24 | Sec. 402. Except as otherwise authorized by this Act, it is | ||||||
25 | unlawful for
any person knowingly to possess a controlled or |
| |||||||
| |||||||
1 | counterfeit substance or controlled substance analog.
A | ||||||
2 | violation of this Act with respect to each of the controlled | ||||||
3 | substances
listed herein constitutes a single and separate | ||||||
4 | violation of this Act. For purposes of this Section, | ||||||
5 | "controlled substance analog" or "analog"
means a substance, | ||||||
6 | other than a controlled substance, that has a chemical | ||||||
7 | structure substantially similar to that of a controlled
| ||||||
8 | substance in Schedule I or II, or that was specifically | ||||||
9 | designed to produce
an effect substantially similar to that of | ||||||
10 | a controlled substance in Schedule
I or II. Examples of | ||||||
11 | chemical classes in which controlled substance analogs
are | ||||||
12 | found include, but are not limited to, the following: | ||||||
13 | phenethylamines,
N-substituted piperidines, morphinans, | ||||||
14 | ecgonines, quinazolinones, substituted
indoles, and | ||||||
15 | arylcycloalkylamines. For purposes of this Act, a controlled
| ||||||
16 | substance analog shall be treated in the same manner as the | ||||||
17 | controlled
substance to which it is substantially similar.
| ||||||
18 | (a) Any person who violates this Section with respect to | ||||||
19 | the following
controlled or counterfeit substances and | ||||||
20 | amounts, notwithstanding any of the
provisions of subsections | ||||||
21 | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||||||
22 | shall, if sentenced to a term
of imprisonment, shall be | ||||||
23 | sentenced as provided in this subsection (a) and fined
as | ||||||
24 | provided in subsection (b):
| ||||||
25 | (1) (A) a person in possession of not less than 4 years | ||||||
26 | and not more than 15 years with respect
to 15 grams or |
| |||||||
| |||||||
1 | more but less than 50 100 grams of a substance | ||||||
2 | containing heroin is guilty of a Class 3 felony ;
| ||||||
3 | (B) a person in possession of 50 not less than 6 | ||||||
4 | years and not more than 30 years with respect to 100
| ||||||
5 | grams or more but less than 100 400 grams of a | ||||||
6 | substance containing heroin is guilty of a Class 2 | ||||||
7 | felony ;
| ||||||
8 | (C) a person in possession of more than 100 not | ||||||
9 | less than 8 years and not more than 40 years with | ||||||
10 | respect to 400
grams or more but less than 900 grams of | ||||||
11 | any substance containing heroin is guilty of a Class 1 | ||||||
12 | felony ;
| ||||||
13 | (D) (blank); not less than 10 years and not more | ||||||
14 | than 50 years with respect to
900 grams or more of any | ||||||
15 | substance containing heroin;
| ||||||
16 | (2) (A) a person in possession of not less than 4 years | ||||||
17 | and not more than 15 years with respect
to 15 grams or | ||||||
18 | more but less than 50 100 grams of any substance | ||||||
19 | containing
cocaine is guilty of a Class 3 felony ;
| ||||||
20 | (B) a person in possession of 50 not less than 6 | ||||||
21 | years and not more than 30 years with respect to 100
| ||||||
22 | grams or more but less than 100 400 grams of any | ||||||
23 | substance containing cocaine is guilty of a Class 2 | ||||||
24 | felony ;
| ||||||
25 | (C) a person in possession of more than 100 not | ||||||
26 | less than 8 years and not more than 40 years with |
| |||||||
| |||||||
1 | respect to 400
grams or more but less than 900 grams of | ||||||
2 | any substance containing cocaine is guilty of a Class 1 | ||||||
3 | felony ;
| ||||||
4 | (D) (blank); not less than 10 years and not more | ||||||
5 | than 50 years with respect to
900 grams or more of any | ||||||
6 | substance containing cocaine;
| ||||||
7 | (3) (A) a person in possession of not less than 4 years | ||||||
8 | and not more than 15 years with respect
to 15 grams or | ||||||
9 | more but less than 50 100 grams of any substance | ||||||
10 | containing
morphine is guilty of a Class 3 felony ;
| ||||||
11 | (B) a person in possession of 50 not less than 6 | ||||||
12 | years and not more than 30 years with respect to 100
| ||||||
13 | grams or more but less than 100 400 grams of any | ||||||
14 | substance containing morphine is guilty of a Class 2 | ||||||
15 | felony ;
| ||||||
16 | (C) a person in possession of more than 100 not | ||||||
17 | less than 6 years and not more than 40 years with | ||||||
18 | respect to 400
grams or more but less than 900 grams of | ||||||
19 | any substance containing morphine is guilty of a Class | ||||||
20 | 1 felony ;
| ||||||
21 | (D) (blank); not less than 10 years and not more | ||||||
22 | than 50 years with respect to
900 grams or more of any | ||||||
23 | substance containing morphine;
| ||||||
24 | (4) a person in possession of 200 grams or more of any | ||||||
25 | substance containing peyote is guilty of a Class 1 felony ;
| ||||||
26 | (5) a person in possession of 200 grams or more of any |
| |||||||
| |||||||
1 | substance containing a derivative of
barbituric acid or any | ||||||
2 | of the salts of a derivative of barbituric acid is guilty | ||||||
3 | of a Class 1 felony ;
| ||||||
4 | (6) a person in possession of 200 grams or more of any | ||||||
5 | substance containing amphetamine or any salt
of an optical | ||||||
6 | isomer of amphetamine is guilty of a Class 1 felony ;
| ||||||
7 | (6.5) (blank);
| ||||||
8 | (7) (A) a person is guilty of a Class 3 felony if he or | ||||||
9 | she in possession of: not less than 4 years and not | ||||||
10 | more than 15 years with respect
to: (i) 15 grams or | ||||||
11 | more but less than 50 100 grams of any substance | ||||||
12 | containing
lysergic acid diethylamide (LSD), or an | ||||||
13 | analog thereof, or (ii) 15 or
more objects or 15 or | ||||||
14 | more segregated parts of an object or objects but
less | ||||||
15 | than 100 200 objects or 100 200 segregated parts of an | ||||||
16 | object or objects
containing in them or having upon | ||||||
17 | them any amount of any substance
containing lysergic | ||||||
18 | acid diethylamide (LSD), or an analog thereof;
| ||||||
19 | (B) a person is guilty of a Class 2 felony if he or | ||||||
20 | she is in possession of: not less than 6 years and not | ||||||
21 | more than 30 years with respect
to: (i) 50 100 grams or | ||||||
22 | more but less than 100 400 grams of any substance
| ||||||
23 | containing lysergic acid diethylamide (LSD), or an | ||||||
24 | analog thereof, or (ii)
100 200 or more objects or 100 | ||||||
25 | 200 or more segregated parts of an object or objects
| ||||||
26 | but less than 300 600 objects or less than 300 600 |
| |||||||
| |||||||
1 | segregated parts of an object or
objects containing in | ||||||
2 | them or having upon them any amount of any substance
| ||||||
3 | containing lysergic acid diethylamide (LSD), or an | ||||||
4 | analog thereof;
| ||||||
5 | (C) a person is guilty of a Class 1 felony if he or | ||||||
6 | she is in possession of: not less than 8 years and not | ||||||
7 | more than 40 years with respect
to: (i) 100 400 grams | ||||||
8 | or more but less than 900 grams of any substance
| ||||||
9 | containing lysergic acid diethylamide (LSD), or an | ||||||
10 | analog thereof, or (ii)
300 600 or more objects or 300 | ||||||
11 | 600 or more segregated parts of an object or objects
| ||||||
12 | but less than 1500 objects or 1500 segregated parts of | ||||||
13 | an object or objects
containing in them or having upon | ||||||
14 | them any amount of any substance
containing lysergic | ||||||
15 | acid diethylamide (LSD), or an analog thereof;
| ||||||
16 | (D) (blank); not less than 10 years and not more | ||||||
17 | than 50 years with respect
to: (i) 900 grams or more of | ||||||
18 | any substance containing lysergic acid
diethylamide | ||||||
19 | (LSD), or an analog thereof, or (ii) 1500 or more | ||||||
20 | objects or
1500 or more segregated parts of an object | ||||||
21 | or objects containing in them or
having upon them any | ||||||
22 | amount of a substance containing lysergic acid
| ||||||
23 | diethylamide (LSD), or an analog thereof;
| ||||||
24 | (7.5) (A) a person is guilty of a Class 3 felony if he | ||||||
25 | or she is in possession of: not less than 4 years and | ||||||
26 | not more than 15 years with respect
to: (i) 15
grams or |
| |||||||
| |||||||
1 | more but
less than 50 100 grams of any substance listed | ||||||
2 | in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19),
| ||||||
3 | (20), (20.1), (21), (25), or (26) of subsection (d) of | ||||||
4 | Section 204, or an
analog or derivative
thereof, or | ||||||
5 | (ii) 15 or more pills, tablets, caplets, capsules, or | ||||||
6 | objects but
less than 100 200 pills,
tablets, caplets, | ||||||
7 | capsules, or objects containing in them or having upon | ||||||
8 | them
any amount of any
substance listed in paragraph | ||||||
9 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
10 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
11 | Section 204, or an analog or derivative thereof;
| ||||||
12 | (B) a person is guilty of a Class 2 felony if he or | ||||||
13 | she is in possession of: not less than 6 years and not | ||||||
14 | more than 30 years with respect to: (i)
50 100
grams or | ||||||
15 | more but
less than 100 400 grams of any substance | ||||||
16 | listed in paragraph (1), (2), (2.1), (2.2), (3),
| ||||||
17 | (14.1), (19), (20),
(20.1), (21), (25), or (26) of | ||||||
18 | subsection (d) of Section 204, or an analog or
| ||||||
19 | derivative thereof, or
(ii) 100 200 or more pills, | ||||||
20 | tablets, caplets, capsules, or objects but less than
| ||||||
21 | 300 600
pills, tablets,
caplets, capsules, or objects | ||||||
22 | containing in them or having upon them any amount
of | ||||||
23 | any
substance
listed in paragraph (1), (2), (2.1), | ||||||
24 | (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or | ||||||
25 | (26) of subsection
(d) of Section 204, or an analog or | ||||||
26 | derivative thereof;
|
| |||||||
| |||||||
1 | (C) a person is guilty of a Class 1 felony if he or | ||||||
2 | she is in possession of: not less than 8 years and not | ||||||
3 | more than 40 years with respect to: (i)
100 400
grams | ||||||
4 | or more but
less than 900 grams of any substance listed | ||||||
5 | in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), | ||||||
6 | (20),
(20.1), (21), (25), or (26) of subsection (d) of | ||||||
7 | Section 204, or an analog or
derivative thereof,
or | ||||||
8 | (ii) 300 600 or more pills, tablets, caplets, capsules, | ||||||
9 | or objects but less than
1,500 pills, tablets,
caplets, | ||||||
10 | capsules, or objects containing in them or having upon | ||||||
11 | them any amount
of any
substance listed in paragraph | ||||||
12 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
13 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
14 | Section 204, or an analog or derivative thereof;
| ||||||
15 | (D) (blank); not less than 10 years and not more | ||||||
16 | than 50 years with respect to:
(i)
900 grams or more of
| ||||||
17 | any substance listed in paragraph (1), (2), (2.1), | ||||||
18 | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or | ||||||
19 | (26)
of subsection (d) of Section 204, or an analog or | ||||||
20 | derivative thereof, or (ii)
1,500 or more pills,
| ||||||
21 | tablets, caplets, capsules, or objects containing in | ||||||
22 | them or having upon them
any amount of a
substance | ||||||
23 | listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
24 | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||||||
25 | subsection (d) of Section 204, or an analog or | ||||||
26 | derivative thereof;
|
| |||||||
| |||||||
1 | (8) a person in possession of 30 grams or more of any | ||||||
2 | substance containing pentazocine or any of
the salts, | ||||||
3 | isomers and salts of isomers of pentazocine, or an analog | ||||||
4 | thereof is guilty of a Class 1 felony ;
| ||||||
5 | (9) a person in possession of 30 grams or more of any | ||||||
6 | substance containing methaqualone or any
of the salts, | ||||||
7 | isomers and salts of isomers of methaqualone is guilty of a | ||||||
8 | Class 1 felony ;
| ||||||
9 | (10) a person in possession of 30 grams or more of any | ||||||
10 | substance containing phencyclidine or any
of the salts, | ||||||
11 | isomers and salts of isomers of phencyclidine (PCP) is | ||||||
12 | guilty of a Class 1 felony ;
| ||||||
13 | (10.5) a person in possession of 30 grams or more of | ||||||
14 | any substance containing ketamine or any of
the salts, | ||||||
15 | isomers and salts of isomers of ketamine is guilty of a | ||||||
16 | Class 1 felony ;
| ||||||
17 | (11) a person in possession of 200 grams or more of any | ||||||
18 | substance containing any substance
classified as a | ||||||
19 | narcotic drug in Schedules I or II, or an analog thereof, | ||||||
20 | which is not otherwise
included in this subsection is | ||||||
21 | guilty of a Class 1 felony .
| ||||||
22 | (b) Any person sentenced with respect to violations of | ||||||
23 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
24 | involving 100
grams or more of the
controlled substance named | ||||||
25 | therein, may in addition to the penalties
provided therein, be | ||||||
26 | fined an amount not to exceed $200,000 or the full
street value |
| |||||||
| |||||||
1 | of the controlled or counterfeit substances, whichever is
| ||||||
2 | greater. The term "street value" shall have the meaning
| ||||||
3 | ascribed in Section 110-5 of the Code of Criminal Procedure of | ||||||
4 | 1963. Any
person sentenced with respect to any other provision | ||||||
5 | of subsection (a), may
in addition to the penalties provided | ||||||
6 | therein, be fined an amount not to
exceed $200,000.
| ||||||
7 | (c) Any person who violates this Section with regard to an | ||||||
8 | amount
of a controlled substance other than methamphetamine or | ||||||
9 | counterfeit substance not set forth in
subsection (a) or (d) is | ||||||
10 | guilty of a Class 4 felony. The fine for a
violation punishable | ||||||
11 | under this subsection (c) shall not be more
than $25,000.
| ||||||
12 | (d) Any person who violates this Section with regard to any | ||||||
13 | amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||||||
14 | for the first offense and a Class B misdemeanor for a | ||||||
15 | subsequent offense
committed within 2 years of a prior | ||||||
16 | conviction.
| ||||||
17 | (Source: P.A. 99-371, eff. 1-1-16 .)
| ||||||
18 | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||||||
19 | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||||||
20 | violates any
subsection of Section 401 or subsection (b) of | ||||||
21 | Section 404 by delivering a
controlled, counterfeit or | ||||||
22 | look-alike substance to a person under 18 years
of age may be | ||||||
23 | sentenced to imprisonment for a term up to twice the maximum
| ||||||
24 | term and fined an amount up to twice that amount otherwise | ||||||
25 | authorized by
the pertinent subsection of Section 401 and |
| |||||||
| |||||||
1 | Subsection (b) of Section 404.
| ||||||
2 | (B) (Blank).
| ||||||
3 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
4 | any person
who violates:
| ||||||
5 | (A) subsection (c) of Section 401 by delivering or | ||||||
6 | possessing with
intent to deliver a controlled, | ||||||
7 | counterfeit, or look-alike substance in or
on, or within | ||||||
8 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
9 | of
a Class 1 felony, the fine for which shall not exceed | ||||||
10 | $250,000;
| ||||||
11 | (B) subsection (d) of Section 401 by delivering or | ||||||
12 | possessing with
intent to deliver a controlled, | ||||||
13 | counterfeit, or look-alike substance in or
on, or within | ||||||
14 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
15 | of
a Class 2 felony, the fine for which shall not exceed | ||||||
16 | $200,000;
| ||||||
17 | (C) subsection (e) of Section 401 or subsection (b) of | ||||||
18 | Section 404
by delivering or possessing with intent to | ||||||
19 | deliver a controlled,
counterfeit, or look-alike substance | ||||||
20 | in or on, or within 1,000 feet of, a
truck stop or safety | ||||||
21 | rest area, is guilty of a Class 3 felony, the fine for
| ||||||
22 | which shall not exceed $150,000;
| ||||||
23 | (D) subsection (f) of Section 401 by delivering or | ||||||
24 | possessing with
intent to deliver a controlled, | ||||||
25 | counterfeit, or look-alike substance in or
on, or within | ||||||
26 | 1,000 feet of, a truck stop or safety rest area, is guilty |
| |||||||
| |||||||
1 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
2 | $125,000;
| ||||||
3 | (E) subsection (g) of Section 401 by delivering or | ||||||
4 | possessing with
intent to deliver a controlled, | ||||||
5 | counterfeit, or look-alike substance in or
on, or within | ||||||
6 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
7 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
8 | $100,000;
| ||||||
9 | (F) subsection (h) of Section 401 by delivering or | ||||||
10 | possessing with
intent to deliver a controlled, | ||||||
11 | counterfeit, or look-alike substance in or
on, or within | ||||||
12 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
13 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
14 | $75,000;
| ||||||
15 | (3) Any person who violates paragraph (2) of this | ||||||
16 | subsection (a) by
delivering or possessing with intent to | ||||||
17 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
18 | or on, or within 1,000 feet of a truck stop or a
safety rest | ||||||
19 | area, following a prior conviction or convictions of paragraph
| ||||||
20 | (2) of this subsection (a) may be sentenced to a term of | ||||||
21 | imprisonment up to
2 times the maximum term and fined an amount | ||||||
22 | up to 2 times the amount
otherwise authorized by Section 401.
| ||||||
23 | (4) For the purposes of this subsection (a):
| ||||||
24 | (A) "Safety rest area" means a roadside facility | ||||||
25 | removed from the
roadway with parking and facilities | ||||||
26 | designed for motorists' rest, comfort,
and information |
| |||||||
| |||||||
1 | needs; and
| ||||||
2 | (B) "Truck stop" means any facility (and its parking | ||||||
3 | areas) used to
provide fuel or service, or both, to any | ||||||
4 | commercial motor vehicle as
defined in Section 18b-101 of | ||||||
5 | the Illinois Vehicle Code.
| ||||||
6 | (b) Any person who violates:
| ||||||
7 | (1) subsection (c) of Section 401 : | ||||||
8 | (A) in any school, or any conveyance
owned, leased | ||||||
9 | or contracted by a school to transport students to or | ||||||
10 | from
school or a school related activity, or | ||||||
11 | residential property owned, operated or
managed by a | ||||||
12 | public housing agency or leased by a public housing | ||||||
13 | agency as part
of a scattered site or mixed-income | ||||||
14 | development, or public park ; , | ||||||
15 | (B) on the real
property comprising any school or | ||||||
16 | residential property owned, operated or
managed by a | ||||||
17 | public housing agency or leased by a public housing | ||||||
18 | agency as part
of a scattered site or mixed-income | ||||||
19 | development, or public park ; | ||||||
20 | (C) or
within 500 1,000 feet of the real property | ||||||
21 | comprising any school , and at the time of the | ||||||
22 | violation: (i) persons under the age of 18 are present, | ||||||
23 | (ii) the offense is committed during school hours, or | ||||||
24 | (iii) the offense is committed at a time when persons | ||||||
25 | under the age of 18 are reasonably expected to be | ||||||
26 | present in the school, in the conveyance, or on the |
| |||||||
| |||||||
1 | real property, such as when after school activities are | ||||||
2 | occurring; or
residential property owned, operated or | ||||||
3 | managed by a public housing
agency
or leased by a | ||||||
4 | public housing agency as part of a scattered site or
| ||||||
5 | mixed-income development, or | ||||||
6 | (D) within 500 feet of a public park, on the real | ||||||
7 | property comprising any
church, synagogue, or
other | ||||||
8 | building, structure, or place used primarily for | ||||||
9 | religious worship, or
within 1,000 feet of the real | ||||||
10 | property comprising any church, synagogue, or
other | ||||||
11 | building, structure, or place used primarily for | ||||||
12 | religious worship, on
the real property comprising any | ||||||
13 | of the following places, buildings, or
structures used | ||||||
14 | primarily for housing or providing space for | ||||||
15 | activities for
senior citizens: nursing homes, | ||||||
16 | assisted-living centers, senior citizen housing
| ||||||
17 | complexes, or senior centers oriented toward daytime | ||||||
18 | activities, or within
1,000 feet of the real property | ||||||
19 | comprising any of the following places,
buildings, or | ||||||
20 | structures used primarily for housing or providing | ||||||
21 | space for
activities for senior citizens: nursing | ||||||
22 | homes, assisted-living centers, senior
citizen housing | ||||||
23 | complexes, or senior centers oriented toward daytime | ||||||
24 | activities
is guilty of a Class X felony, the fine for | ||||||
25 | which shall not
exceed $500,000;
| ||||||
26 | (2) subsection (d) of Section 401 : |
| |||||||
| |||||||
1 | (A) in any school, or any conveyance
owned, leased | ||||||
2 | or contracted by a school to transport students to or | ||||||
3 | from
school or a school related activity, or | ||||||
4 | residential property owned,
operated or managed by a | ||||||
5 | public housing agency or leased by a public housing
| ||||||
6 | agency as part of a scattered site or mixed-income | ||||||
7 | development, or public park ; , | ||||||
8 | (B)
on the real property comprising any school or | ||||||
9 | residential property owned,
operated or managed by a | ||||||
10 | public housing agency or leased by a public housing
| ||||||
11 | agency as part of a scattered site or mixed-income | ||||||
12 | development, or public park ;
or | ||||||
13 | (C) within 500 1,000 feet of the real property | ||||||
14 | comprising any school , and at the time of the | ||||||
15 | violation: (i) persons under the age of 18 are present, | ||||||
16 | (ii) the offense is committed during school hours, or | ||||||
17 | (iii) the offense is committed at a time when persons | ||||||
18 | under the age of 18 are reasonably expected to be | ||||||
19 | present in the school, in the conveyance, or on the | ||||||
20 | real property, such as when after school activities are | ||||||
21 | occurring; or residential
property owned, operated or | ||||||
22 | managed by a public housing agency or leased by a
| ||||||
23 | public housing agency as part of a scattered site or | ||||||
24 | mixed-income development,
or | ||||||
25 | (D) within 500 feet of a public park, on the real | ||||||
26 | property comprising any church, synagogue, or other
|
| |||||||
| |||||||
1 | building, structure, or place used primarily for | ||||||
2 | religious worship, or
within 1,000 feet of the real | ||||||
3 | property comprising any church,
synagogue, or other | ||||||
4 | building, structure, or place used primarily for | ||||||
5 | religious
worship, on the real property comprising any | ||||||
6 | of the following places,
buildings, or
structures used | ||||||
7 | primarily for housing or providing space for | ||||||
8 | activities for
senior citizens: nursing homes, | ||||||
9 | assisted-living centers, senior citizen housing
| ||||||
10 | complexes, or senior centers oriented toward daytime | ||||||
11 | activities, or within
1,000 feet of the real property | ||||||
12 | comprising any of the following
places, buildings, or | ||||||
13 | structures used primarily for housing or providing | ||||||
14 | space
for activities for senior citizens: nursing | ||||||
15 | homes, assisted-living centers,
senior citizen housing | ||||||
16 | complexes, or senior centers oriented toward daytime
| ||||||
17 | activities is guilty of a Class 1 felony, the fine for | ||||||
18 | which shall not exceed
$250,000;
| ||||||
19 | (3) subsection (e) of Section 401 or Subsection (b) of | ||||||
20 | Section 404 : | ||||||
21 | (A) in
any school, or any conveyance owned, leased | ||||||
22 | or contracted by a school to
transport students to or | ||||||
23 | from school or a school related activity, or
| ||||||
24 | residential property owned, operated or managed by a | ||||||
25 | public housing agency or
leased by a public housing | ||||||
26 | agency as part of a scattered site or mixed-income
|
| |||||||
| |||||||
1 | development, or public park ; , | ||||||
2 | (B) on the real property comprising any school or
| ||||||
3 | residential property owned, operated or managed by a | ||||||
4 | public housing agency or
leased by a public housing | ||||||
5 | agency as part of a scattered site or mixed-income
| ||||||
6 | development, or public park ; or | ||||||
7 | (C) within 500 1,000 feet of the real property
| ||||||
8 | comprising
any school , and at the time of the | ||||||
9 | violation: (i) persons under the age of 18 are present, | ||||||
10 | (ii) the offense is committed during school hours, or | ||||||
11 | (iii) the offense is committed at a time when persons | ||||||
12 | under the age of 18 are reasonably expected to be | ||||||
13 | present in the school, in the conveyance, or on the | ||||||
14 | real property, such as when after school activities are | ||||||
15 | occurring; or residential property owned, operated or | ||||||
16 | managed by a
public housing agency or leased by a | ||||||
17 | public housing agency as part of a
scattered site or | ||||||
18 | mixed-income development, or | ||||||
19 | (D) within 500 feet of a public park, on the real
| ||||||
20 | property comprising any church, synagogue, or other | ||||||
21 | building, structure, or
place used primarily for | ||||||
22 | religious worship, or within 1,000 feet of the real
| ||||||
23 | property comprising any church, synagogue, or other | ||||||
24 | building, structure, or
place used primarily for | ||||||
25 | religious worship, on the real property comprising any
| ||||||
26 | of the following places, buildings, or structures used |
| |||||||
| |||||||
1 | primarily for housing or
providing space for | ||||||
2 | activities for
senior citizens: nursing homes, | ||||||
3 | assisted-living centers, senior citizen housing
| ||||||
4 | complexes, or senior centers oriented toward daytime | ||||||
5 | activities, or within
1,000 feet of the real property | ||||||
6 | comprising any of the following
places, buildings, or | ||||||
7 | structures used primarily for housing or providing | ||||||
8 | space
for activities for senior citizens: nursing | ||||||
9 | homes, assisted-living centers,
senior citizen housing | ||||||
10 | complexes, or senior centers oriented toward daytime
| ||||||
11 | activities is guilty of a Class 2 felony, the fine for
| ||||||
12 | which shall not exceed $200,000;
| ||||||
13 | (4) subsection (f) of Section 401 : | ||||||
14 | (A) in any school, or | ||||||
15 | any conveyance
owned, leased or contracted by a | ||||||
16 | school to transport students to or from
school or a | ||||||
17 | school related activity, or residential property | ||||||
18 | owned,
operated or managed by a public housing agency
| ||||||
19 | or leased by a public housing agency as part of a | ||||||
20 | scattered site or
mixed-income development,
or public | ||||||
21 | park ; , | ||||||
22 | (B) on the real
property comprising any school or | ||||||
23 | residential property owned, operated or
managed by a | ||||||
24 | public housing agency
or leased by a public housing | ||||||
25 | agency as part of a scattered site or
mixed-income | ||||||
26 | development,
or public park ; or
|
| |||||||
| |||||||
1 | (C) within 500 1,000 feet of the real property | ||||||
2 | comprising any school , and at the time of the | ||||||
3 | violation: (i) persons under the age of 18 are present, | ||||||
4 | (ii) the offense is committed during school hours, or | ||||||
5 | (iii) the offense is committed at a time when persons | ||||||
6 | under the age of 18 are reasonably expected to be | ||||||
7 | present in the school, in the conveyance, or on the | ||||||
8 | real property, such as when after school activities are | ||||||
9 | occurring; or residential
property owned, operated or | ||||||
10 | managed by a public housing agency
or leased by a | ||||||
11 | public housing agency as part of a scattered site or
| ||||||
12 | mixed-income development,
or | ||||||
13 | (D) within 500 feet of a public
park, on the real | ||||||
14 | property comprising any church, synagogue, or other
| ||||||
15 | building,
structure, or place used primarily for | ||||||
16 | religious worship, or
within 1,000 feet of the real | ||||||
17 | property comprising any church,
synagogue, or other | ||||||
18 | building, structure, or place used primarily for | ||||||
19 | religious
worship, on the real property comprising any | ||||||
20 | of the following places,
buildings, or
structures used | ||||||
21 | primarily for housing or providing space for | ||||||
22 | activities for
senior citizens: nursing homes, | ||||||
23 | assisted-living centers, senior citizen housing
| ||||||
24 | complexes, or senior centers oriented toward daytime | ||||||
25 | activities, or within
1,000 feet of the real property | ||||||
26 | comprising any of the following
places, buildings, or |
| |||||||
| |||||||
1 | structures used primarily for housing or providing | ||||||
2 | space
for activities for senior citizens: nursing | ||||||
3 | homes, assisted-living centers,
senior citizen housing | ||||||
4 | complexes, or senior centers oriented toward daytime
| ||||||
5 | activities
is guilty of a Class 2 felony, the fine for | ||||||
6 | which shall not exceed
$150,000;
| ||||||
7 | (5) subsection (g) of Section 401 : | ||||||
8 | (A) in any school, or any conveyance
owned, leased | ||||||
9 | or contracted by a school to transport students to or | ||||||
10 | from
school or a school related activity, or | ||||||
11 | residential property owned,
operated or managed by a | ||||||
12 | public housing agency
or leased by a public housing | ||||||
13 | agency as part of a scattered site or
mixed-income | ||||||
14 | development,
or public park ; , | ||||||
15 | (B) on the real
property comprising any school or | ||||||
16 | residential property owned, operated or
managed by a | ||||||
17 | public housing agency
or leased by a public housing | ||||||
18 | agency as part of a scattered site or
mixed-income | ||||||
19 | development,
or public park ; or
| ||||||
20 | (C) within 500 1,000 feet of the real property | ||||||
21 | comprising any school and at the time of the violation: | ||||||
22 | (i) persons under the age of 18 are present, (ii) the | ||||||
23 | offense is committed during school hours, or (iii) the | ||||||
24 | offense is committed at a time when persons under the | ||||||
25 | age of 18 are reasonably expected to be present in the | ||||||
26 | school, in the conveyance, or on the real property, |
| |||||||
| |||||||
1 | such as when after school activities are occurring; or , | ||||||
2 | residential
property owned, operated or managed by a | ||||||
3 | public housing agency
or leased by a public housing | ||||||
4 | agency as part of a scattered site or
mixed-income | ||||||
5 | development,
or | ||||||
6 | (D) within 500 feet of a public
park, on the real | ||||||
7 | property comprising any church, synagogue, or other
| ||||||
8 | building,
structure, or place used primarily for | ||||||
9 | religious worship, or
within 1,000 feet of the real | ||||||
10 | property comprising any church,
synagogue, or other | ||||||
11 | building, structure, or place used primarily for | ||||||
12 | religious
worship, on the real property comprising any | ||||||
13 | of the following places,
buildings, or
structures used | ||||||
14 | primarily for housing or providing space for | ||||||
15 | activities for
senior citizens: nursing homes, | ||||||
16 | assisted-living centers, senior citizen housing
| ||||||
17 | complexes, or senior centers oriented toward daytime | ||||||
18 | activities, or within
1,000 feet of the real property | ||||||
19 | comprising any of the following
places, buildings, or | ||||||
20 | structures used primarily for housing or providing | ||||||
21 | space
for activities for senior citizens: nursing | ||||||
22 | homes, assisted-living centers,
senior citizen housing | ||||||
23 | complexes, or senior centers oriented toward daytime
| ||||||
24 | activities
is guilty of a Class 2 felony, the fine for | ||||||
25 | which shall not exceed $125,000;
| ||||||
26 | (6) subsection (h) of Section 401 : |
| |||||||
| |||||||
1 | (A) in any school, or any conveyance
owned, leased | ||||||
2 | or contracted by a school to transport students to or | ||||||
3 | from
school or a school related activity, or | ||||||
4 | residential property owned,
operated or managed by a | ||||||
5 | public housing agency
or leased by a public housing | ||||||
6 | agency as part of a scattered site or
mixed-income | ||||||
7 | development,
or public park ; , | ||||||
8 | (B) on the real
property comprising any school or | ||||||
9 | residential property owned, operated or
managed by a | ||||||
10 | public housing agency
or leased by a public housing | ||||||
11 | agency as part of a scattered site or
mixed-income | ||||||
12 | development,
or public park ; or | ||||||
13 | (C) within 500 1,000 feet of the real property | ||||||
14 | comprising any school , and at the time of the | ||||||
15 | violation: (i) persons under the age of 18 are present, | ||||||
16 | (ii) the offense is committed during school hours, or | ||||||
17 | (iii) the offense is committed at a time when persons | ||||||
18 | under the age of 18 are reasonably expected to be | ||||||
19 | present in the school, in the conveyance, or on the | ||||||
20 | real property, such as when after school activities are | ||||||
21 | occurring;
or residential
property owned, operated or | ||||||
22 | managed by a public housing agency
or leased by a | ||||||
23 | public housing agency as part of a scattered site or
| ||||||
24 | mixed-income development,
or | ||||||
25 | (D) within 500 feet of a public
park, on the real | ||||||
26 | property comprising any church, synagogue, or other
|
| |||||||
| |||||||
1 | building,
structure, or place used primarily for | ||||||
2 | religious worship, or
within 1,000 feet of the real | ||||||
3 | property comprising any church,
synagogue, or other | ||||||
4 | building, structure, or place used primarily for | ||||||
5 | religious
worship, on the real property comprising any | ||||||
6 | of the following places,
buildings, or
structures used | ||||||
7 | primarily for housing or providing space for | ||||||
8 | activities for
senior citizens: nursing homes, | ||||||
9 | assisted-living centers, senior citizen housing
| ||||||
10 | complexes, or senior centers oriented toward daytime | ||||||
11 | activities, or within
1,000 feet of the real property | ||||||
12 | comprising any of the following
places, buildings, or | ||||||
13 | structures used primarily for housing or providing | ||||||
14 | space
for activities for senior citizens: nursing | ||||||
15 | homes, assisted-living centers,
senior citizen housing | ||||||
16 | complexes, or senior centers oriented toward daytime
| ||||||
17 | activities
is guilty of a Class 2 felony, the fine for | ||||||
18 | which shall not exceed
$100,000.
| ||||||
19 | (c) (Blank). Regarding penalties prescribed in subsection
| ||||||
20 | (b) for violations committed in a school or on or within
1,000 | ||||||
21 | feet of school property, the time of day, time of year and | ||||||
22 | whether
classes were currently in session at the time of the | ||||||
23 | offense is irrelevant.
| ||||||
24 | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
25 | Section 25. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing Sections 5-4.5-95 and 5-8-1.1 as follows: | ||||||
2 | (730 ILCS 5/5-4.5-95) | ||||||
3 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
4 | (a) HABITUAL CRIMINALS. | ||||||
5 | (1) Every person who has been twice convicted in any | ||||||
6 | state or federal court of an offense that contains the same | ||||||
7 | elements as an offense now (the date of the offense | ||||||
8 | committed after the 2 prior convictions) classified in | ||||||
9 | Illinois as a Class X felony, criminal sexual assault, | ||||||
10 | aggravated kidnapping, or first degree murder, and who is | ||||||
11 | thereafter convicted of a Class X felony, criminal sexual | ||||||
12 | assault, or first degree murder, committed after the 2 | ||||||
13 | prior convictions, shall be adjudged an habitual criminal. | ||||||
14 | (2) The 2 prior convictions need not have been for the | ||||||
15 | same offense. | ||||||
16 | (3) Any convictions that result from or are connected | ||||||
17 | with the same transaction, or result from offenses | ||||||
18 | committed at the same time, shall be counted for the | ||||||
19 | purposes of this Section as one conviction. | ||||||
20 | (4) This Section does not apply unless each of the | ||||||
21 | following requirements are satisfied: | ||||||
22 | (A) The third offense was committed after July 3, | ||||||
23 | 1980. | ||||||
24 | (B) The third offense was committed within 20 years | ||||||
25 | of the date that judgment was entered on the first |
| |||||||
| |||||||
1 | conviction; provided, however, that time spent in | ||||||
2 | custody shall not be counted. | ||||||
3 | (C) The third offense was committed after | ||||||
4 | conviction on the second offense. | ||||||
5 | (D) The second offense was committed after | ||||||
6 | conviction on the first offense. | ||||||
7 | (5) Anyone who, having attained the age of 18 at the | ||||||
8 | time of the third offense, is adjudged an habitual criminal | ||||||
9 | shall be sentenced to a term of natural life imprisonment. | ||||||
10 | (6) A prior conviction shall not be alleged in the | ||||||
11 | indictment, and no evidence or other disclosure of that | ||||||
12 | conviction shall be presented to the court or the jury | ||||||
13 | during the trial of an offense set forth in this Section | ||||||
14 | unless otherwise permitted by the issues properly raised in | ||||||
15 | that trial. After a plea or verdict or finding of guilty | ||||||
16 | and before sentence is imposed, the prosecutor may file | ||||||
17 | with the court a verified written statement signed by the | ||||||
18 | State's Attorney concerning any former conviction of an | ||||||
19 | offense set forth in this Section rendered against the | ||||||
20 | defendant. The court shall then cause the defendant to be | ||||||
21 | brought before it; shall inform the defendant of the | ||||||
22 | allegations of the statement so filed, and of his or her | ||||||
23 | right to a hearing before the court on the issue of that | ||||||
24 | former conviction and of his or her right to counsel at | ||||||
25 | that hearing; and unless the defendant admits such | ||||||
26 | conviction, shall hear and determine the issue, and shall |
| |||||||
| |||||||
1 | make a written finding thereon. If a sentence has | ||||||
2 | previously been imposed, the court may vacate that sentence | ||||||
3 | and impose a new sentence in accordance with this Section. | ||||||
4 | (7) A duly authenticated copy of the record of any | ||||||
5 | alleged former conviction of an offense set forth in this | ||||||
6 | Section shall be prima facie evidence of that former | ||||||
7 | conviction; and a duly authenticated copy of the record of | ||||||
8 | the defendant's final release or discharge from probation | ||||||
9 | granted, or from sentence and parole supervision (if any) | ||||||
10 | imposed pursuant to that former conviction, shall be prima | ||||||
11 | facie evidence of that release or discharge. | ||||||
12 | (8) Any claim that a previous conviction offered by the | ||||||
13 | prosecution is not a former conviction of an offense set | ||||||
14 | forth in this Section because of the existence of any | ||||||
15 | exceptions described in this Section, is waived unless duly | ||||||
16 | raised at the hearing on that conviction, or unless the | ||||||
17 | prosecution's proof shows the existence of the exceptions | ||||||
18 | described in this Section. | ||||||
19 | (9) If the person so convicted shows to the | ||||||
20 | satisfaction of the court before whom that conviction was | ||||||
21 | had that he or she was released from imprisonment, upon | ||||||
22 | either of the sentences upon a pardon granted for the | ||||||
23 | reason that he or she was innocent, that conviction and | ||||||
24 | sentence shall not be considered under this Section.
| ||||||
25 | (b) When a defendant, over the age of 21 years, is | ||||||
26 | convicted of a Class 1 or Class 2 felony, except for an offense |
| |||||||
| |||||||
1 | listed in subsection (c) of this Section, after having twice | ||||||
2 | been convicted in any state or federal court of an offense that | ||||||
3 | contains the same elements as an offense now (the date the | ||||||
4 | Class 1 or Class 2 felony was committed) classified in Illinois | ||||||
5 | as a Class 2 or greater Class felony , except for an offense | ||||||
6 | listed in subsection (c) of this Section, and those charges are | ||||||
7 | separately brought and tried and arise out of different series | ||||||
8 | of acts, that defendant shall be sentenced as a Class X | ||||||
9 | offender. This subsection does not apply unless: | ||||||
10 | (1) the first felony was committed after February 1, | ||||||
11 | 1978 (the effective date of Public Act 80-1099); | ||||||
12 | (2) the second felony was committed after conviction on | ||||||
13 | the first; and | ||||||
14 | (3) the third felony was committed after conviction on | ||||||
15 | the second. | ||||||
16 | (c) Subsection (b) of this Section does not apply to Class | ||||||
17 | 1 or Class 2 felony convictions for a violation of: | ||||||
18 | (1) subsections (c) or (d) of Section 401, or | ||||||
19 | subsection (a) of Section 402 of the Illinois Controlled | ||||||
20 | Substances Act; | ||||||
21 | (2) Section 4 or Section 5 of the Cannabis Control Act; | ||||||
22 | (3) Section 16-1 of the Criminal Code of 2012. | ||||||
23 | A person sentenced as a Class X offender under this | ||||||
24 | subsection (b) is not eligible to apply for treatment as a | ||||||
25 | condition of probation as provided by Section 40-10 of the | ||||||
26 | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS |
| |||||||
| |||||||
1 | 301/40-10).
| ||||||
2 | (Source: P.A. 99-69, eff. 1-1-16 .)
| ||||||
3 | (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
| ||||||
4 | Sec. 5-8-1.1. Impact incarceration.
| ||||||
5 | (a) The Department may establish
and operate an impact | ||||||
6 | incarceration
program for eligible offenders. If the court | ||||||
7 | finds under
Section 5-4-1 that
an offender sentenced to a term | ||||||
8 | of imprisonment for a felony may meet the
eligibility | ||||||
9 | requirements of the Department, the court may in its
sentencing | ||||||
10 | order
approve the offender for placement in the impact | ||||||
11 | incarceration program
conditioned upon his acceptance in the | ||||||
12 | program by the Department.
Notwithstanding the sentencing | ||||||
13 | provisions of this Code, the sentencing
order also shall | ||||||
14 | provide that if the Department accepts the offender in the
| ||||||
15 | program and determines that the offender has successfully | ||||||
16 | completed the
impact incarceration program, the sentence shall | ||||||
17 | be reduced to time
considered served upon certification to the | ||||||
18 | court by the Department that
the offender has successfully | ||||||
19 | completed the program. In the event the
offender is not | ||||||
20 | accepted for placement in the impact incarceration program
or | ||||||
21 | the offender does not successfully complete the program,
his | ||||||
22 | term of imprisonment shall be as set forth by the court in its | ||||||
23 | sentencing
order.
| ||||||
24 | (b) In order to be eligible to participate in the impact | ||||||
25 | incarceration
program, the committed person shall meet all of |
| |||||||
| |||||||
1 | the following requirements:
| ||||||
2 | (1) The person must be not less than 17 years of age | ||||||
3 | nor more than 35 years of age.
| ||||||
4 | (2) The person has not previously participated in the | ||||||
5 | impact
incarceration program and has not previously served | ||||||
6 | more than one
prior sentence of imprisonment for a felony | ||||||
7 | in an adult correctional
facility.
| ||||||
8 | (3) The person has not been convicted of a Class X | ||||||
9 | felony,
first or
second degree murder, armed violence, | ||||||
10 | aggravated kidnapping, criminal
sexual assault, aggravated | ||||||
11 | criminal sexual abuse or a subsequent conviction for
| ||||||
12 | criminal sexual abuse, forcible detention, residential | ||||||
13 | arson, place of
worship arson, or arson and has not
been | ||||||
14 | convicted previously of any of those offenses. This | ||||||
15 | paragraph (3) does not prohibit a person who is otherwise | ||||||
16 | eligible under this Section and who is convicted of a Class | ||||||
17 | X felony violation under the Illinois Controlled | ||||||
18 | Substances Act or Cannabis Control Act from receiving an | ||||||
19 | impact incarceration
program recommendation.
| ||||||
20 | (4) The person has been sentenced to a term of | ||||||
21 | imprisonment of 8
years or less.
| ||||||
22 | (5) The person must be physically able to participate | ||||||
23 | in strenuous
physical activities or labor.
| ||||||
24 | (6) The person must not have any mental disorder or | ||||||
25 | disability that
would prevent participation in the impact | ||||||
26 | incarceration program.
|
| |||||||
| |||||||
1 | (7) The person has consented in writing to | ||||||
2 | participation in the impact
incarceration program and to | ||||||
3 | the terms and conditions thereof.
| ||||||
4 | (8) The person was recommended and approved for | ||||||
5 | placement in the
impact incarceration
program in the | ||||||
6 | court's sentencing order.
| ||||||
7 | The Department may also consider, among other matters, | ||||||
8 | whether the
committed person has any outstanding detainers or | ||||||
9 | warrants, whether the
committed person has a history of | ||||||
10 | escaping or absconding, whether
participation in the impact | ||||||
11 | incarceration program may pose a risk to the
safety or security | ||||||
12 | of any person and whether space is available.
| ||||||
13 | (c) The impact incarceration program shall include, among | ||||||
14 | other matters,
mandatory physical training and labor, military | ||||||
15 | formation and drills,
regimented activities, uniformity of | ||||||
16 | dress and appearance, education and
counseling, including drug | ||||||
17 | counseling where appropriate.
| ||||||
18 | (d) Privileges including visitation, commissary, receipt | ||||||
19 | and retention
of property and publications and access to | ||||||
20 | television, radio and a library
may be suspended or restricted, | ||||||
21 | notwithstanding provisions to the contrary in this Code.
| ||||||
22 | (e) Committed persons participating in the impact | ||||||
23 | incarceration program
shall adhere to all Department rules and | ||||||
24 | all requirements of the program.
Committed persons shall be | ||||||
25 | informed of rules of behavior and conduct.
Disciplinary | ||||||
26 | procedures required by this Code or by Department rule are not
|
| |||||||
| |||||||
1 | applicable except in those instances in which the Department | ||||||
2 | seeks to revoke good time.
| ||||||
3 | (f) Participation in the impact incarceration program | ||||||
4 | shall be for a
period of 120 to 180 days. The period of time a | ||||||
5 | committed person shall
serve in the impact incarceration | ||||||
6 | program shall not be reduced by the
accumulation of good time.
| ||||||
7 | (g) The committed person shall serve a term of mandatory | ||||||
8 | supervised
release as set forth in subsection (d) of Section | ||||||
9 | 5-8-1.
| ||||||
10 | (h) A committed person may be removed from the program for | ||||||
11 | a violation
of the terms or conditions of the program or in the | ||||||
12 | event he is for any
reason unable to participate. The | ||||||
13 | Department shall promulgate rules and
regulations governing | ||||||
14 | conduct which could result in removal from the
program or in a | ||||||
15 | determination that the committed person has not
successfully | ||||||
16 | completed the program. Committed persons shall have access to
| ||||||
17 | such rules, which shall provide that a committed person shall | ||||||
18 | receive
notice and have the opportunity to appear before and | ||||||
19 | address one or more
hearing officers. A committed person may be | ||||||
20 | transferred to any of the
Department's facilities prior to the | ||||||
21 | hearing.
| ||||||
22 | (i) The Department may terminate the impact incarceration | ||||||
23 | program at any
time.
| ||||||
24 | (j) The Department shall report to the Governor and the | ||||||
25 | General Assembly
on or before September 30th of each year on | ||||||
26 | the impact incarceration
program, including the composition of |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the program by the offenders, by
county of commitment, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | sentence, age, offense and race.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (k) The Department of Corrections shall consider the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | affirmative
action plan approved by the Department of Human | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Rights in hiring staff at
the impact incarceration facilities.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 97-800, eff. 7-13-12.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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