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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES
(720 ILCS 646/) Methamphetamine Control and Community Protection Act. 720 ILCS 646/1 (720 ILCS 646/1)
Sec. 1. Short title. This Act may be cited as the Methamphetamine Control and Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/5 (720 ILCS 646/5)
Sec. 5. Purpose. The purpose of this Act is to reduce the damage that the manufacture, distribution, and use of methamphetamine are inflicting on children, families, communities, businesses, the economy, and the environment in Illinois. The General Assembly recognizes that methamphetamine is fundamentally different from other drugs regulated by the Illinois Controlled Substances Act because the harms relating to methamphetamine stem not only from the distribution and use of the drug, but also from the manufacture of the drug in this State. Because methamphetamine is not only distributed and used but also manufactured here, and because the manufacture of methamphetamine is extremely and uniquely harmful, the General Assembly finds that a separate Act is needed to address the manufacture, distribution, and use of methamphetamine in Illinois.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/10 (720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act: "Anhydrous ammonia" has the meaning provided in subsection (d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to store, hold, contain, handle, transfer, transport, or apply anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical injury when triggered by an act of a person approaching, entering, or moving through a structure, a vehicle, or any location where methamphetamine has been manufactured, is being manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in subsection (h) of Section 102 of the Illinois Controlled Substances Act.
"Director" means the Director of the Illinois State Police or the Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge, release, deposit, inject, dump, spill, leak, or place methamphetamine waste onto or into any land, water, or well of any type so that the waste has the potential to enter the environment, be emitted into the air, or be discharged into the soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence from or securing a methamphetamine laboratory site, methamphetamine waste site or other methamphetamine-related site and cleaning up the site, whether these actions are performed by public entities or private contractors paid by public entities.
"Emergency service provider" means a local, State, or federal peace officer, firefighter, emergency medical technician-ambulance, emergency
medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, or other medical or first aid personnel rendering aid, or any agent or designee of the foregoing.
"Finished methamphetamine" means methamphetamine in a form commonly used for personal consumption. "Firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.
"Manufacture" means to produce, prepare, compound, convert, process, synthesize, concentrate, purify, separate, extract, or package any methamphetamine, methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, or any substance containing any of the foregoing.
"Methamphetamine" means the chemical methamphetamine (a Schedule II controlled substance under the Illinois Controlled Substances Act) or any salt, optical isomer, salt of optical isomer, or analog thereof, with the exception of 3,4-Methylenedioxymethamphetamine (MDMA) or any other scheduled substance with a separate listing under the Illinois Controlled Substances Act. "Methamphetamine manufacturing catalyst" means any substance that has been used, is being used, or is intended to be used to activate, accelerate, extend, or improve a chemical reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a structure or vehicle in which:
(1) methamphetamine is being or has been | | (2) chemicals that are being used, have been used, or
| | are intended to be used to manufacture methamphetamine are stored;
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| (3) methamphetamine manufacturing materials that have
| | been used to manufacture methamphetamine are stored; or
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| (4) methamphetamine manufacturing waste is stored.
| | "Methamphetamine manufacturing material" means any methamphetamine precursor, substance containing any methamphetamine precursor, methamphetamine manufacturing catalyst, substance containing any methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, substance containing any methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, substance containing any methamphetamine manufacturing solvent, or any other chemical, substance, ingredient, equipment, apparatus, or item that is being used, has been used, or is intended to be used in the manufacture of methamphetamine.
"Methamphetamine manufacturing reagent" means any substance other than a methamphetamine manufacturing catalyst that has been used, is being used, or is intended to be used to react with and chemically alter any methamphetamine precursor.
"Methamphetamine manufacturing solvent" means any substance that has been used, is being used, or is intended to be used as a medium in which any methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, or any substance containing any of the foregoing is dissolved, diluted, or washed during any part of the methamphetamine manufacturing process.
"Methamphetamine manufacturing waste" means any chemical, substance, ingredient, equipment, apparatus, or item that is left over from, results from, or is produced by the process of manufacturing methamphetamine, other than finished methamphetamine.
"Methamphetamine precursor" means ephedrine, pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, phenylacetone, phenyl-2-propanone, P2P, or any salt, optical isomer, or salt of an optical isomer of any of these chemicals.
"Multi-unit dwelling" means a unified structure used or intended for use as a habitation, home, or residence that contains 2 or more condominiums, apartments, hotel rooms, motel rooms, or other living units.
"Package" means an item marked for retail sale that is not designed to be further broken down or subdivided for the purpose of retail sale.
"Participate" or "participation" in the manufacture of methamphetamine means to produce, prepare, compound, convert, process, synthesize, concentrate, purify, separate, extract, or package any methamphetamine, methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, or any substance containing any of the foregoing, or to assist in any of these actions, or to attempt to take any of these actions, regardless of whether this action or these actions result in the production of finished methamphetamine.
"Person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder, or congenital condition which renders the person incapable of adequately providing for his or her own health and personal care.
"Procure" means to purchase, steal, gather, or otherwise obtain, by legal or illegal means, or to cause another to take such action.
"Second or subsequent offense" means an offense under this Act committed by an offender who previously committed an offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or another Act of this State, another state, or the United States relating to methamphetamine, cannabis, or any other controlled substance.
"Standard dosage form", as used in relation to any methamphetamine precursor, means that the methamphetamine precursor is contained in a pill, tablet, capsule, caplet, gel cap, or liquid cap that has been manufactured by a lawful entity and contains a standard quantity of methamphetamine precursor.
"Unauthorized container", as used in relation to anhydrous ammonia, means any container that is not designed for the specific and sole purpose of holding, storing, transporting, or applying anhydrous ammonia. "Unauthorized container" includes, but is not limited to, any propane tank, fire extinguisher, oxygen cylinder, gasoline can, food or beverage cooler, or compressed gas cylinder used in dispensing fountain drinks. "Unauthorized container" does not encompass anhydrous ammonia manufacturing plants, refrigeration systems
where anhydrous ammonia is used solely as a refrigerant, anhydrous ammonia transportation pipelines, anhydrous ammonia tankers, or anhydrous ammonia barges.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 646/15 (720 ILCS 646/15) Sec. 15. Participation in methamphetamine manufacturing. (a) Participation in methamphetamine manufacturing.
(1) It is unlawful to knowingly participate in the | | manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced.
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| (2) A person who violates paragraph (1) of this
| | subsection (a) is subject to the following penalties:
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| (A) A person who participates in the manufacture
| | of less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony.
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| (B) A person who participates in the manufacture
| | of 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine manufactured, whichever is greater.
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| (C) A person who participates in the manufacture
| | of 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 9 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine manufactured, whichever is greater.
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| (D) A person who participates in the manufacture
| | of 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 12 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine manufactured, whichever is greater.
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| (E) A person who participates in the manufacture
| | of 900 grams or more of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 15 years and not more than 60 years, and subject to a fine not to exceed $400,000 or the street value of the methamphetamine, whichever is greater.
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| (b) Aggravated participation in methamphetamine manufacturing.
(1) It is unlawful to engage in aggravated
| | participation in the manufacture of methamphetamine. A person engages in aggravated participation in the manufacture of methamphetamine when the person violates paragraph (1) of subsection (a) and:
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| (A) the person knowingly does so in a multi-unit
| | (B) the person knowingly does so in a structure
| | or vehicle where a child under the age of 18, a person with a disability, or a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care resides, is present, or is endangered by the manufacture of methamphetamine;
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| (C) the person does so in a structure or vehicle
| | where a woman the person knows to be pregnant (including but not limited to the person herself) resides, is present, or is endangered by the methamphetamine manufacture;
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| (D) the person knowingly does so in a structure
| | or vehicle protected by one or more firearms, explosive devices, booby traps, alarm systems, surveillance systems, guard dogs, or dangerous animals;
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| (E) the methamphetamine manufacturing in which
| | the person participates is a contributing cause of the death, serious bodily injury, disability, or disfigurement of another person, including but not limited to an emergency service provider;
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| (F) the methamphetamine manufacturing in which
| | the person participates is a contributing cause of a fire or explosion that damages property belonging to another person;
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| (G) the person knowingly organizes, directs, or
| | finances the methamphetamine manufacturing or activities carried out in support of the methamphetamine manufacturing; or
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| (H) the methamphetamine manufacturing occurs
| | within 500 feet of a place of worship or parsonage, or within 500 feet of the real property comprising any school at a time when children, clergy, patrons, staff, or other persons are present or any activity sanctioned by the place of worship or parsonage or school is taking place.
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| (2) A person who violates paragraph (1) of this
| | subsection (b) is subject to the following penalties:
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| (A) A person who participates in the manufacture
| | of less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine, whichever is greater.
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| (B) A person who participates in the manufacture
| | of 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 9 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine, whichever is greater.
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| (C) A person who participates in the manufacture
| | of 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 12 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine, whichever is greater.
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| (D) A person who participates in the manufacture
| | of 400 grams or more of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 15 years and not more than 60 years, and subject to a fine not to exceed $400,000 or the street value of the methamphetamine, whichever is greater.
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(Source: P.A. 100-3, eff. 1-1-18.)
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720 ILCS 646/20 (720 ILCS 646/20)
Sec. 20. Methamphetamine precursor. (a) Methamphetamine precursor or substance containing any methamphetamine precursor in standard dosage form. (1) It is unlawful to knowingly possess, procure, | | transport, store, or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine.
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| (2) A person who violates paragraph (1) of this
| | subsection (a) is subject to the following penalties:
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| (A) A person who possesses, procures, transports,
| | stores, or delivers less than 15 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class 2 felony.
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| (B) A person who possesses, procures, transports,
| | stores, or delivers 15 or more grams but less than 30 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class 1 felony.
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| (C) A person who possesses, procures, transports,
| | stores, or delivers 30 or more grams but less than 150 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.
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| (D) A person who possesses, procures, transports,
| | stores, or delivers 150 or more grams but less than 500 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000.
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| (E) A person who possesses, procures, transports,
| | stores, or delivers 500 or more grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000.
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| (b) Methamphetamine precursor or substance containing any methamphetamine precursor in any form other than a standard dosage form.
(1) It is unlawful to knowingly possess, procure,
| | transport, store, or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in any form other than a standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine.
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| (2) A person who violates paragraph (1) of this
| | subsection (b) is subject to the following penalties:
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| (A) A person who violates paragraph (1) of this
| | subsection (b) with the intent that less than 10 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class 2 felony.
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| (B) A person who violates paragraph (1) of this
| | subsection (b) with the intent that 10 or more grams but less than 20 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class 1 felony.
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| (C) A person who violates paragraph (1) of this
| | subsection (b) with the intent that 20 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.
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| (D) A person who violates paragraph (1) of this
| | subsection (b) with the intent that 100 or more grams but less than 350 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000.
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| (E) A person who violates paragraph (1) of this
| | subsection (b) with the intent that 350 or more grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000.
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| (c) Rule of evidence. The presence of any methamphetamine precursor in a sealed, factory imprinted container, including, but not limited to, a bottle, box, package, or blister pack, at the time of seizure by law enforcement, is prima facie evidence that the methamphetamine precursor located within the container is in fact the material so described and in the amount listed on the container. The factory imprinted container is admissible for a violation of this Act for purposes of proving the contents of the container.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
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720 ILCS 646/25 (720 ILCS 646/25)
Sec. 25. Anhydrous ammonia. (a) Possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the | | possession, procurement, transportation, storage, or delivery of anhydrous ammonia or to attempt to engage in any of these activities or to assist another in engaging in any of these activities with the intent that the anhydrous ammonia be used to manufacture methamphetamine.
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| (2) A person who violates paragraph (1) of this
| | subsection (a) is guilty of a Class 1 felony.
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| (b) Aggravated possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
| | aggravated possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine. A person commits this offense when the person engages in the possession, procurement, transportation, storage, or delivery of anhydrous ammonia or attempts to engage in any of these activities or assists another in engaging in any of these activities with the intent that the anhydrous ammonia be used to manufacture methamphetamine and:
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| (A) the person knowingly does so in a multi-unit
| | (B) the person knowingly does so in a structure
| | or vehicle where a child under the age of 18, or a person with a disability, or a person who is 60 years of age or older who is incapable of adequately providing for his or her own health and personal care resides, is present, or is endangered by the anhydrous ammonia;
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| (C) the person's possession, procurement,
| | transportation, storage, or delivery of anhydrous ammonia is a contributing cause of the death, serious bodily injury, disability, or disfigurement of another person; or
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| (D) the person's possession, procurement,
| | transportation, storage, or delivery of anhydrous ammonia is a contributing cause of a fire or explosion that damages property belonging to another person.
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| (2) A person who violates paragraph (1) of this
| | subsection (b) is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.
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| (c) Possession, procurement, transportation, storage, or delivery of anhydrous ammonia in an unauthorized container.
(1) It is unlawful to knowingly possess, procure,
| | transport, store, or deliver anhydrous ammonia in an unauthorized container.
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| (1.5) It is unlawful to attempt to possess, procure,
| | transport, store, or deliver anhydrous ammonia in an unauthorized container.
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| (2) A person who violates paragraph (1) of this
| | subsection (c) is guilty of a Class 3 felony. A person who violates paragraph (1.5) of this subsection (c) is guilty of a Class 4 felony.
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| (3) Affirmative defense. It is an affirmative defense
| | that the person charged possessed, procured, transported, stored, or delivered anhydrous ammonia in a manner that substantially complied with the rules governing anhydrous ammonia equipment found in 8 Illinois Administrative Code Section 215, in 92 Illinois Administrative Code Sections 171 through 180, or in any provision of the Code of Federal Regulations incorporated by reference into these Sections of the Illinois Administrative Code.
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| (d) Tampering with anhydrous ammonia equipment.
(1) It is unlawful to knowingly tamper with anhydrous
| | ammonia equipment. A person tampers with anhydrous ammonia equipment when, without authorization from the lawful owner, the person:
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| (A) removes or attempts to remove anhydrous
| | ammonia from the anhydrous ammonia equipment used by the lawful owner;
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| (B) damages or attempts to damage the anhydrous
| | ammonia equipment used by the lawful owner; or
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| (C) vents or attempts to vent anhydrous ammonia
| | (2) A person who violates paragraph (1) of this
| | subsection (d) is guilty of a Class 3 felony.
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(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 95-690, eff. 1-1-08.)
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720 ILCS 646/30 (720 ILCS 646/30)
Sec. 30. Methamphetamine manufacturing material. (a) It is unlawful to knowingly engage in the possession, procurement, transportation, storage, or delivery of any methamphetamine manufacturing material, other than a methamphetamine precursor, substance containing a methamphetamine precursor, or anhydrous ammonia, with the intent that it be used to manufacture methamphetamine.
(b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
720 ILCS 646/35 (720 ILCS 646/35)
Sec. 35. Use of property. (a) It is unlawful for a person knowingly to use or allow the use of a vehicle, a structure, real property, or personal property within the person's control to help bring about a violation of this Act.
(b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/40 (720 ILCS 646/40)
Sec. 40. Protection of methamphetamine manufacturing. (a) It is unlawful to engage in the protection of methamphetamine manufacturing. A person engages in the protection of methamphetamine manufacturing when:
(1) the person knows that others have been | | participating, are participating, or will be participating in the manufacture of methamphetamine; and
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| (2) with the intent to help prevent detection of or
| | interference with the methamphetamine manufacturing, the person serves as a lookout for or guard of the methamphetamine manufacturing.
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| (b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 646/45 (720 ILCS 646/45)
Sec. 45. Methamphetamine manufacturing waste. (a) It is unlawful to knowingly burn, place in a trash receptacle, or dispose of methamphetamine manufacturing waste, knowing that the waste was used in the manufacturing of methamphetamine.
(b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
720 ILCS 646/50 (720 ILCS 646/50)
Sec. 50. Methamphetamine-related child endangerment. (a) Methamphetamine-related child endangerment.
(1) It is unlawful to engage in | | methamphetamine-related child endangerment. A person engages in methamphetamine-related child endangerment when the person knowingly endangers the life and health of a child by exposing or allowing exposure of the child to a methamphetamine manufacturing environment.
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| (2) A person who violates paragraph (1) of this
| | subsection (a) is guilty of a Class 2 felony.
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| (b) Aggravated methamphetamine-related child endangerment.
(1) It is unlawful to engage in aggravated
| | methamphetamine-related child endangerment. A person engages in aggravated methamphetamine-related child endangerment when the person violates paragraph (1) of this subsection (a) of this Section and the child experiences death, great bodily harm, disability, or disfigurement as a result of the methamphetamine-related child endangerment.
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| (2) A person who violates paragraph (1) of this
| | subsection (b) is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.
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(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 646/55 (720 ILCS 646/55) Sec. 55. Methamphetamine delivery. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the | | delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.
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| (2) A person who violates paragraph (1) of this
| | subsection (a) is subject to the following penalties:
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| (A) A person who delivers or possesses with
| | intent to deliver less than 5 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 2 felony.
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| (B) A person who delivers or possesses with
| | intent to deliver 5 or more grams but less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony.
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| (C) A person who delivers or possesses with
| | intent to deliver 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine, whichever is greater.
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| (D) A person who delivers or possesses with
| | intent to deliver 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 9 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine, whichever is greater.
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| (E) A person who delivers or possesses with
| | intent to deliver 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 12 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine, whichever is greater.
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| (F) A person who delivers or possesses with
| | intent to deliver 900 or more grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 15 years and not more than 60 years, and subject to a fine not to exceed $400,000 or the street value of the methamphetamine, whichever is greater.
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| (b) Aggravated delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine.
(1) It is unlawful to engage in the aggravated
| | delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. A person engages in the aggravated delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine when the person violates paragraph (1) of subsection (a) of this Section and:
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| (A) the person is at least 18 years of age and
| | knowingly delivers or possesses with intent to deliver the methamphetamine or substance containing methamphetamine to a person under 18 years of age;
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| (B) the person is at least 18 years of age and
| | knowingly uses, engages, employs, or causes another person to use, engage, or employ a person under 18 years of age to deliver the methamphetamine or substance containing methamphetamine;
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| (C) the person knowingly delivers or possesses
| | with intent to deliver the methamphetamine or substance containing methamphetamine in any structure or vehicle protected by one or more firearms, explosive devices, booby traps, alarm systems, surveillance systems, guard dogs, or dangerous animals;
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| (D) the person knowingly delivers or possesses
| | with intent to deliver the methamphetamine or substance containing methamphetamine in any school, on any real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring;
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| (E) the person delivers or causes another person
| | to deliver the methamphetamine or substance containing methamphetamine to a woman that the person knows to be pregnant; or
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| (F) (blank).
(2) A person who violates paragraph (1) of this
| | subsection (b) is subject to the following penalties:
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| (A) A person who delivers or possesses with
| | intent to deliver less than 5 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony.
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| (B) A person who delivers or possesses with
| | intent to deliver 5 or more grams but less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine, whichever is greater.
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| (C) A person who delivers or possesses with
| | intent to deliver 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine, whichever is greater.
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| (D) A person who delivers or possesses with
| | intent to deliver 100 or more grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine, whichever is greater.
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(Source: P.A. 100-3, eff. 1-1-18.)
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720 ILCS 646/56 (720 ILCS 646/56) Sec. 56. Methamphetamine trafficking. (a) Except for purposes as authorized by this Act, any person who knowingly brings, or causes to be brought, into this State methamphetamine, anhydrous ammonia, or a methamphetamine precursor for the purpose of manufacture or delivery of methamphetamine or with the intent to manufacture or deliver methamphetamine is guilty of methamphetamine trafficking. (b) A person convicted of methamphetamine trafficking shall be sentenced to a term of imprisonment of not less than twice the minimum term and not more than twice the maximum term of imprisonment based upon the amount of methamphetamine brought or caused to be brought into this State, as provided in subsection (a) of Section 55 of this Act. (c) A person convicted of methamphetamine trafficking based upon a methamphetamine precursor shall be sentenced to a term of imprisonment of not less than twice the minimum term and not more than twice the maximum term of imprisonment based upon the amount of methamphetamine precursor provided in subsection (a) or (b) of Section 20 of this Act brought or caused to be brought into this State.
(d) A person convicted of methamphetamine trafficking based upon anhydrous ammonia under paragraph (1) of subsection (a) of Section 25 of this Act shall be sentenced to a term of imprisonment of not less than twice the minimum term and not more than twice the maximum term of imprisonment provided in paragraph (1) of subsection (a) of Section 25 of this Act.
(Source: P.A. 94-830, eff. 6-5-06.) |
720 ILCS 646/60 (720 ILCS 646/60)
Sec. 60. Methamphetamine possession. (a) It is unlawful knowingly to possess methamphetamine or a substance containing methamphetamine.
(b) A person who violates subsection (a) is subject to the following penalties:
(1) A person who possesses less than 5 grams of | | methamphetamine or a substance containing methamphetamine is guilty of a Class 3 felony.
|
| (2) A person who possesses 5 or more grams but less
| | than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 2 felony.
|
| (3) A person who possesses 15 or more grams but less
| | than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony.
|
| (4) A person who possesses 100 or more grams but less
| | than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.
|
| (5) A person who possesses 400 or more grams but less
| | than 900 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000.
|
| (6) A person who possesses 900 or more grams of
| | methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000.
|
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
720 ILCS 646/65 (720 ILCS 646/65)
Sec. 65. Methamphetamine conspiracy. (a) It is unlawful to engage in a methamphetamine conspiracy. A person engages in a methamphetamine conspiracy when:
(1) the person intends to violate one or more | | (2) the person agrees with one or more persons to
| | violate one or more provisions of this Act; and
|
| (3) the person or any party to the agreement commits
| | an act in furtherance of the agreement.
|
| (b) A person convicted of engaging in a methamphetamine conspiracy shall face the penalty for the offense that is the object of the conspiracy and may be held accountable for the cumulative weight of any methamphetamine, substance containing methamphetamine, methamphetamine precursor, or substance containing methamphetamine precursor attributable to the conspiracy for the duration of the conspiracy.
(c) It is not a defense to a methamphetamine conspiracy charge that the person or persons with whom the person charged is alleged to have conspired have not been prosecuted or convicted, have been acquitted, have been convicted of a different offense, are not amenable to
justice, or lacked the capacity to commit the offense.
(d) When any person is convicted under this Section of engaging in a methamphetamine conspiracy, the following shall be subject to forfeiture to the State of Illinois: the receipts the person obtained in the conspiracy and any of the person's interests in, claims against, receipts from, or property or rights of any kind affording a source of influence over, the conspiracy. The circuit court may enter such injunctions, restraining orders, directions, or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property, claim, receipt, right, or other interest subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 646/70 (720 ILCS 646/70) (Text of Section before amendment by P.A. 103-702) Sec. 70. Probation. (a) Whenever any person who has not previously been convicted of any felony offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any | | (2) refrain from possessing a firearm or other
| | (3) submit to periodic drug testing at a time and in
| | a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and
|
| (4) perform no less than 30 hours of community
| | service, if community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
|
| (d) The court may, in addition to other conditions, require that the person take one or more of the following actions:
(1) make a report to and appear in person before or
| | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
|
| (2) pay a fine and costs;
(3) work or pursue a course of study or vocational
| | (4) undergo medical or psychiatric treatment; or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
|
| (5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
|
| (6) support his or her dependents;
(7) refrain from having in his or her body the
| | presence of any illicit drug prohibited by this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
|
| (8) if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
| | (iv) contribute to his or her own support at home
| | (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section are admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(Text of Section after amendment by P.A. 103-702)
Sec. 70. Probation.
(a) Whenever any person who has not previously been convicted of any felony offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
| | (2) refrain from possessing a firearm or other
| | (3) submit to periodic drug testing at a time and in
| | a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and
|
| (4) perform no less than 30 hours of community
| | service, if community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
|
| (d) The court may, in addition to other conditions, require that the person take one or more of the following actions:
(1) make a report to and appear in person before or
| | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
|
| (2) pay a fine and costs;
(3) work or pursue a course of study or vocational
| | (4) undergo medical or psychiatric treatment; or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
|
| (5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
|
| (6) support his or her dependents;
(7) refrain from having in his or her body the
| | presence of any illicit drug prohibited by this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
|
| (8) if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
| | (iv) contribute to his or her own support at home
| | (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section are admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 103-702, eff. 1-1-25.)
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720 ILCS 646/75 (720 ILCS 646/75)
Sec. 75. Fines. (a) Whenever any person pleads guilty to, is found guilty of, or is placed on supervision for an offense under this Act, a fine may be levied in addition to any other penalty imposed by the court.
(b) In determining whether to impose a fine under this Section and the amount, time for payment, and method of payment of any fine so imposed, the court shall:
(1) consider the defendant's income, regardless of | | source, the defendant's earning capacity and the defendant's financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant;
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| (2) consider the proof received at trial, or as a
| | result of a plea of guilty, concerning the full street value of the controlled substances seized and any profits or other proceeds derived by the defendant from the violation of this Act;
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| (3) take into account any other pertinent equitable
| | (4) give primary consideration to the need to
| | deprive the defendant of illegally obtained profits or other proceeds from the offense.
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| For the purpose of paragraph (2) of this subsection (b), "street value" shall be determined by the court on the basis of testimony of law enforcement personnel and the defendant as to the amount seized and such testimony as may be required by the court as to the current street value of the controlled substances.
(c) As a condition of a fine, the court may require that payment be made in specified installments or within a specified period of time, but the period shall not be greater than the maximum applicable term of probation or imprisonment, whichever is greater. Unless otherwise specified, payment of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on an organization, it is the duty of each individual authorized to make disbursements of the assets of the organization to pay the fine from the assets of the organization.
(e) A defendant who has been sentenced to pay a fine, and who has paid part but not all of the fine, may petition the court for an extension of the time for payment or modification of the method of payment.
The court may grant the petition if it finds that:
(1) the circumstances that warranted payment by the
| | time or method specified no longer exist; or
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| (2) it is otherwise unjust to require payment of
| | the fine by the time or method specified.
|
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(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 646/80
(720 ILCS 646/80)
Sec. 80. Drug treatment grants. The Department of Human Services may make grants to persons licensed under Section 15-10 of the Substance Use Disorder Act or to municipalities or counties from funds appropriated to the Department from the Drug Treatment Fund for the treatment of pregnant women who are addicted to alcohol, cannabis, or controlled substances and for the needed care of minor, unemancipated children of women undergoing residential drug treatment. If the Department of Human Services grants funds to a municipality or a county that the Department determines is not experiencing a problem with pregnant women addicted to alcohol, cannabis, or controlled substances, or with care for minor, unemancipated children of women undergoing residential drug treatment, or intervention, the funds shall be used for the treatment of any person addicted to alcohol, cannabis, or controlled substances. The Department may adopt such rules as it deems appropriate for the administration of such grants.
(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.) |
720 ILCS 646/85 (720 ILCS 646/85) Sec. 85. Forfeiture. (a) The following are subject to forfeiture:
(1) (blank);
(2) all methamphetamine manufacturing materials which | | have been produced, delivered, or possessed in connection with any substance containing methamphetamine in violation of this Act;
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| (3) all conveyances, including aircraft, vehicles, or
| | vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any substance containing methamphetamine or property described in paragraph (2) of this subsection (a) that constitutes a felony violation of the Act, but:
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| (i) no conveyance used by any person as a common
| | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the violation;
|
| (ii) no conveyance is subject to forfeiture
| | under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
|
| (iii) a forfeiture of a conveyance encumbered by
| | a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
|
| (4) all money, things of value, books, records, and
| | research products and materials including formulas, microfilm, tapes, and data which are used, or intended for use in a felony violation of this Act;
|
| (5) everything of value furnished or intended to be
| | furnished by any person in exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any felony violation of this Act;
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| (6) all real property, including any right, title,
| | and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of this Act or that is the proceeds of any violation or act that constitutes a violation of this Act.
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| (b) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(d) With regard to possession of methamphetamine offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act.
In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.
(e) For felony offenses involving possession of a substance containing methamphetamine only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a substance. This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, is engaged in the destruction of any amount of a substance containing methamphetamine. The amount of a single unit dose shall be the State's burden to prove in its case in chief.
(f) (Blank).
(g) (Blank).
(h) Contraband, including methamphetamine or any controlled substance possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.
(i) The changes made to this Section by Public Act 100-0512 and this amendatory Act of the 100th General Assembly only apply to property seized on and after July 1, 2018.
(j) The changes made to this Section by this amendatory Act of the 100th General Assembly are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
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720 ILCS 646/90 (720 ILCS 646/90) Sec. 90. Methamphetamine restitution. (a) If a person commits a violation of this Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their
participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. The convicted person shall make this restitution in addition to any other fine or penalty required by law.
(b) Any restitution payments made under this Section shall be disbursed equitably by the circuit clerk in the following order: (1) first, to the agency responsible for the | | mitigation of the incident;
|
| (2) second, to the local agencies involved in the
| | (3) third, to the State agencies involved in the
| |
(4) fourth, to the federal agencies involved in the
| | (c) In addition to any other penalties and liabilities, a
person who is convicted of violating any
Section of this Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, payable to
the circuit clerk, who shall distribute the money
to the law enforcement agency responsible for the mitigation of the incident.
If the person has been previously
convicted of violating any Section of this Act,
the fine shall be $5,000 and the circuit clerk shall
distribute the money to the law enforcement agency
responsible for the mitigation of the incident.
In the event that more than one agency is
responsible for an arrest which does not require mitigation, the amount payable to law
enforcement agencies shall be shared equally. Any moneys
received by a law enforcement agency under this Section shall
be used for law enforcement expenses.
Any moneys collected for the Illinois State Police shall be remitted to the State Treasurer and deposited into the State Police Operations Assistance Fund.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 646/95 (720 ILCS 646/95)
Sec. 95. Youth Drug Abuse Prevention Fund. (a) Twelve and one-half percent of all amounts collected as fines pursuant to the provisions of this Article shall be paid into the Youth Drug Abuse Prevention Fund created by the Controlled Substances Act in the State treasury, to be used by the Department for the funding of programs and services for drug-abuse treatment, and prevention and education services, for juveniles. (b) Eighty-seven and one-half percent of the proceeds of all fines received under the provisions of this Act shall be transmitted to and deposited into the State treasury and distributed as follows: (1) If such seizure was made by a combination of law | | enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37.5% to the county general corporate fund. If the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87.5% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government and if at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87.5% of the proceeds of the fines received among the differing units of local government.
|
| (2) If such seizure was made by State law
| | enforcement personnel, then the court shall allocate 37.5% to the State treasury and 50% to the county general corporate fund.
|
| (3) If a State law enforcement agency in combination
| | with any law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37.5% of the fines to or among the law enforcement agency or agencies of the unit or units of local government that conducted the seizure and shall allocate 50% to the county general corporate fund.
|
| (c) The proceeds of all fines allocated to the law enforcement agency or agencies of the unit or units of local government pursuant to subsection (b) shall be made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. The proceeds of fines awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code. Moneys from this Fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled substances and cannabis; to satisfy funding provisions of the Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses associated with returning violators of the Cannabis Control Act and this Act only, as provided in those Acts, when punishment of the crime shall be confinement of the criminal in the penitentiary; and all other moneys shall be paid into the General Revenue Fund in the State treasury.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 646/100 (720 ILCS 646/100)
Sec. 100. Second or subsequent offenses. (a) Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(b) Any penalty imposed for any violation of this Act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by this Act or any other law.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/105 (720 ILCS 646/105)
Sec. 105. Applicability. A prosecution for any violation of law occurring prior to the effective date of this Act is not affected or abated by this Act. If the offense being prosecuted would be a violation of this Act, and has not reached the sentencing stage or final adjudication, then for purposes of penalty the penalties under this Act apply if they are less than under the prior law upon which the prosecution was commenced.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/110 (720 ILCS 646/110)
Sec. 110. Scope of Act. Nothing in this Act limits any authority or activity authorized by the Illinois Controlled Substances Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, the Illinois Dental Practice Act, the Podiatric Medical Practice Act of 1987, or the Veterinary Medicine and Surgery Practice Act of 2004. Nothing in this Act limits the authority or activity of any law enforcement officer acting within the scope of his or her employment.
(Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.) |
720 ILCS 646/115 (720 ILCS 646/115) Sec. 115. Overdose; limited immunity. (a) For the purposes of this Section, "overdose" means a methamphetamine-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected, or otherwise bodily absorbed methamphetamine. (b) A person who, in good faith, seeks emergency medical assistance for someone experiencing an overdose shall not be arrested, charged or prosecuted for a violation of Section 55 or 60 of this Act or Section 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is less than 3 grams of methamphetamine or a substance containing methamphetamine. The violations listed in this subsection (b) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. (c) A person who is experiencing an overdose shall not be arrested, charged, or prosecuted for a violation of Section 55 or 60 of this Act or Section 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the Class 3 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is less than one gram of methamphetamine or a substance containing methamphetamine. The violations listed in this subsection (c) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. (d) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine or other controlled substances, drug-induced homicide, or any other crime if the evidence of the violation is not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.
(Source: P.A. 102-4, eff. 4-27-21.) |
720 ILCS 646/120 (720 ILCS 646/120) Sec. 120. Prescriptions. (a) Whenever any person pleads guilty to, is found guilty of, or is placed on supervision for an offense under this Act, in addition to any other penalty imposed by the court, no such person shall thereafter knowingly purchase, receive, own, or otherwise possess any substance or product containing a methamphetamine precursor as defined in Section 10 of this Act, without the methamphetamine precursor first being prescribed for the use of that person in the manner provided for the prescription of Schedule II controlled substances under Article III of the Illinois Controlled Substances Act. (b) A person described in subsection (a) of this Section who is in possession of any substance or product containing a methamphetamine precursor as defined in Section 10 of this Act, in violation of subsection (a) of this Section, is guilty of a Class 4 felony. (c) Nothing in this Section shall be construed to create any duty, responsibility to investigate, or other liability for any person prescribing, dispensing, selling, or otherwise lawfully transferring or providing a methamphetamine precursor to a person described in subsection (a) of this Section.
(Source: P.A. 97-1008, eff. 8-17-12.) |
720 ILCS 646/901 (720 ILCS 646/901)
Sec. 901.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/902 (720 ILCS 646/902)
Sec. 902.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/905 (720 ILCS 646/905)
Sec. 905.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/910 (720 ILCS 646/910)
Sec. 910.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/915 (720 ILCS 646/915)
Sec. 915.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/920 (720 ILCS 646/920)
Sec. 920.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/925 (720 ILCS 646/925)
Sec. 925.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/926 (720 ILCS 646/926)
Sec. 926.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/930 (720 ILCS 646/930)
Sec. 930.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/935 (720 ILCS 646/935)
Sec. 935.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/940 (720 ILCS 646/940)
Sec. 940.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/945 (720 ILCS 646/945)
Sec. 945.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/950 (720 ILCS 646/950)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/955 (720 ILCS 646/955)
Sec. 955.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/960 (720 ILCS 646/960)
Sec. 960.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/965 (720 ILCS 646/965)
Sec. 965.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/970 (720 ILCS 646/970)
Sec. 970.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/975 (720 ILCS 646/975)
Sec. 975.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/980 (720 ILCS 646/980)
Sec. 980.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/985 (720 ILCS 646/985)
Sec. 985.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/990 (720 ILCS 646/990)
Sec. 990.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/995 (720 ILCS 646/995)
Sec. 995.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1000 (720 ILCS 646/1000)
Sec. 1000.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1005 (720 ILCS 646/1005)
Sec. 1005.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1010 (720 ILCS 646/1010)
Sec. 1010.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1015 (720 ILCS 646/1015)
Sec. 1015.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1020 (720 ILCS 646/1020)
Sec. 1020.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1025 (720 ILCS 646/1025)
Sec. 1025.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1030 (720 ILCS 646/1030)
Sec. 1030.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1035 (720 ILCS 646/1035)
Sec. 1035.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1040 (720 ILCS 646/1040)
Sec. 1040.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1045 (720 ILCS 646/1045)
Sec. 1045.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1050 (720 ILCS 646/1050)
Sec. 1050.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1055 (720 ILCS 646/1055)
Sec. 1055.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1056 (720 ILCS 646/1056) Sec. 1056. The Criminal Code of 1961 is amended by repealing Sections 12-4.10 (as added by Public Act 93-111), 12-4.10 (as added by Public Act 93-340), 12-4.11 (as added by Public Act 93-340), 20-1.4, 20-1.5, and 21-1.5.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/1060 (720 ILCS 646/1060)
Sec. 1060.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1065 (720 ILCS 646/1065)
Sec. 1065.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1066 (720 ILCS 646/1066) Sec. 1066. The Illinois Controlled Substances Act is amended by repealing Sections 405.3 and 411.3.
(Source: P.A. 94-556, eff. 9-11-05.) |
720 ILCS 646/1070 (720 ILCS 646/1070)
Sec. 1070.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1075 (720 ILCS 646/1075)
Sec. 1075.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1080 (720 ILCS 646/1080)
Sec. 1080.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1085 (720 ILCS 646/1085)
Sec. 1085.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1090 (720 ILCS 646/1090)
Sec. 1090.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1095 (720 ILCS 646/1095)
Sec. 1095.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1100 (720 ILCS 646/1100)
Sec. 1100.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1105 (720 ILCS 646/1105)
Sec. 1105.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1110 (720 ILCS 646/1110)
Sec. 1110.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1115 (720 ILCS 646/1115)
Sec. 1115.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/1120 (720 ILCS 646/1120)
Sec. 1120.
(Amendatory provisions; text omitted).
(Source: P.A. 94-556, eff. 9-11-05; text omitted.) |
720 ILCS 646/9999 (720 ILCS 646/9999)
Sec. 9999. Effective date. This Act takes effect 30 days after becoming law.
(Source: P.A. 94-556, eff. 9-11-05.) |
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