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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB2610
LRB9102768RCprA
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 407.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 407 as follows:
7 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
8 Sec. 407. (a) (1) Any person 18 years of age or over who
9 violates any subsection of Section 401 or subsection (b) of
10 Section 404 by delivering a controlled, counterfeit or
11 look-alike substance to a person under 18 years of age may be
12 sentenced to imprisonment for a term up to twice the maximum
13 term and fined an amount up to twice that amount otherwise
14 authorized by the pertinent subsection of Section 401 and
15 Subsection (b) of Section 404.
16 (2) Except as provided in paragraph (3) of this
17 subsection, any person who violates:
18 (A) subsection (c) of Section 401 by delivering or
19 possessing with intent to deliver a controlled,
20 counterfeit, or look-alike substance in or on, or within
21 1,000 feet of, a truck stop or safety rest area, is
22 guilty of a Class 1 felony, the fine for which shall not
23 exceed $250,000;
24 (B) subsection (d) of Section 401 by delivering or
25 possessing with intent to deliver a controlled,
26 counterfeit, or look-alike substance in or on, or within
27 1,000 feet of, a truck stop or safety rest area, is
28 guilty of a Class 2 felony, the fine for which shall not
29 exceed $200,000;
30 (C) subsection (e) of Section 401 or subsection (b)
31 of Section 404 by delivering or possessing with intent to
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1 deliver a controlled, counterfeit, or look-alike
2 substance in or on, or within 1,000 feet of, a truck stop
3 or safety rest area, is guilty of a Class 3 felony, the
4 fine for which shall not exceed $150,000;
5 (D) subsection (f) 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
9 guilty of a Class 3 felony, the fine for which shall not
10 exceed $125,000;
11 (E) subsection (g) 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
15 guilty of a Class 3 felony, the fine for which shall not
16 exceed $100,000;
17 (F) subsection (h) of Section 401 by delivering or
18 possessing with intent to deliver a controlled,
19 counterfeit, or look-alike substance in or on, or within
20 1,000 feet of, a truck stop or safety rest area, is
21 guilty of a Class 3 felony, the fine for which shall not
22 exceed $75,000;
23 (3) Any person who violates paragraph (2) of this
24 subsection (a) by delivering or possessing with intent to
25 deliver a controlled, counterfeit, or look-alike substance in
26 or on, or within 1,000 feet of a truck stop or a safety rest
27 area, following a prior conviction or convictions of
28 paragraph (2) of this subsection (a) may be sentenced to a
29 term of imprisonment up to 2 times the maximum term and fined
30 an amount up to 2 times the amount otherwise authorized by
31 Section 401.
32 (4) For the purposes of this subsection (a):
33 (A) "Safety rest area" means a roadside facility
34 removed from the roadway with parking and facilities
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1 designed for motorists' rest, comfort, and information
2 needs; and
3 (B) "Truck stop" means any facility (and its
4 parking areas) used to provide fuel or service, or both,
5 to any commercial motor vehicle as defined in Section
6 18b-101 of the Illinois Vehicle Code.
7 (b) Any person who violates:
8 (1) subsection (c) of Section 401 in any school, or
9 any conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated and
12 managed by a public housing agency or public park, on the
13 real property comprising any school or residential
14 property owned, operated and managed by a public housing
15 agency or public park or on any public way within 1,000
16 feet of the real property comprising any school or
17 residential property owned, operated and managed by a
18 public housing agency or public park, on the real
19 property comprising any church, synagogue, or other
20 building, structure, or place used primarily for
21 religious worship, or on any public way within 1,000 feet
22 of the real property comprising any church, synagogue, or
23 other building, structure, or place used primarily for
24 religious worship, on the real property comprising any of
25 the following places, buildings, or structures used
26 primarily for housing or providing space for activities
27 for senior citizens: nursing homes, assisted-living
28 centers, senior citizen housing complexes, or senior
29 centers oriented toward daytime activities, or on a
30 public way within 1,000 feet of the real property
31 comprising any of the following places, buildings, or
32 structures used primarily for housing or providing space
33 for activities for senior citizens: nursing homes,
34 assisted-living centers, senior citizen housing
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1 complexes, or senior centers oriented toward daytime
2 activities is guilty of a Class X felony, the fine for
3 which shall not exceed $500,000;
4 (2) subsection (d) of Section 401 in any school, or
5 any conveyance owned, leased or contracted by a school to
6 transport students to or from school or a school related
7 activity, or residential property owned, operated and
8 managed by a public housing agency or public park, on the
9 real property comprising any school or residential
10 property owned, operated and managed by a public housing
11 agency or public park or on any public way within 1,000
12 feet of the real property comprising any school or
13 residential property owned, operated and managed by a
14 public housing agency or public park, on the real
15 property comprising any church, synagogue, or other
16 building, structure, or place used primarily for
17 religious worship, or on any public way within 1,000 feet
18 of the real property comprising any church, synagogue, or
19 other building, structure, or place used primarily for
20 religious worship, on the real property comprising any of
21 the following places, buildings, or structures used
22 primarily for housing or providing space for activities
23 for senior citizens: nursing homes, assisted-living
24 centers, senior citizen housing complexes, or senior
25 centers oriented toward daytime activities, or on a
26 public way within 1,000 feet of the real property
27 comprising any of the following places, buildings, or
28 structures used primarily for housing or providing space
29 for activities for senior citizens: nursing homes,
30 assisted-living centers, senior citizen housing
31 complexes, or senior centers oriented toward daytime
32 activities is guilty of a Class 1 felony, the fine for
33 which shall not exceed $250,000;
34 (3) subsection (e) of Section 401 or Subsection (b)
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1 of Section 404 in any school, or any conveyance owned,
2 leased or contracted by a school to transport students to
3 or from school or a school related activity, or
4 residential property owned, operated and managed by a
5 public housing agency or public park, on the real
6 property comprising any school or residential property
7 owned, operated and managed by a public housing agency or
8 public park or on any public way within 1,000 feet of the
9 real property comprising any school or residential
10 property owned, operated and managed by a public housing
11 agency or public park, on the real property comprising
12 any church, synagogue, or other building, structure, or
13 place used primarily for religious worship, or on a
14 public way within 1,000 feet of the real property
15 comprising any church, synagogue, or other building,
16 structure, or place used primarily for religious worship,
17 on the real property comprising any of the following
18 places, buildings, or structures used primarily for
19 housing or providing space for activities for senior
20 citizens: nursing homes, assisted-living centers, senior
21 citizen housing complexes, or senior centers oriented
22 toward daytime activities, or on a public way within
23 1,000 feet of the real property comprising any of the
24 following places, buildings, or structures used primarily
25 for housing or providing space for activities for senior
26 citizens: nursing homes, assisted-living centers, senior
27 citizen housing complexes, or senior centers oriented
28 toward daytime activities is guilty of a Class 2 felony,
29 the fine for which shall not exceed $200,000;
30 (4) subsection (f) of Section 401 in any school, or
31 any conveyance owned, leased or contracted by a school to
32 transport students to or from school or a school related
33 activity, or residential property owned, operated and
34 managed by a public housing agency or public park, on the
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1 real property comprising any school or residential
2 property owned, operated and managed by a public housing
3 agency or public park or on any public way within 1,000
4 feet of the real property comprising any school or
5 residential property owned, operated and managed by a
6 public housing agency or 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 on any public way within 1,000
10 feet of the real property comprising any church,
11 synagogue, or other building, structure, or place used
12 primarily for religious worship, on the real property
13 comprising any of the following places, buildings, or
14 structures used primarily for housing or providing space
15 for activities for senior citizens: nursing homes,
16 assisted-living centers, senior citizen housing
17 complexes, or senior centers oriented toward daytime
18 activities, or on a public way within 1,000 feet of the
19 real property comprising any of the following places,
20 buildings, or structures used primarily for housing or
21 providing space for activities for senior citizens:
22 nursing homes, assisted-living centers, senior citizen
23 housing complexes, or senior centers oriented toward
24 daytime activities is guilty of a Class 2 felony, the
25 fine for which shall not exceed $150,000;
26 (5) subsection (g) of Section 401 in any school, or
27 any conveyance owned, leased or contracted by a school to
28 transport students to or from school or a school related
29 activity, or residential property owned, operated and
30 managed by a public housing agency or public park, on the
31 real property comprising any school or residential
32 property owned, operated and managed by a public housing
33 agency or public park or on any public way within 1,000
34 feet of the real property comprising any school or
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1 residential property owned, operated and managed by a
2 public housing agency or public park, on the real
3 property comprising any church, synagogue, or other
4 building, structure, or place used primarily for
5 religious worship, or on any public way within 1,000 feet
6 of the real property comprising any church, synagogue, or
7 other building, structure, or place used primarily for
8 religious worship, on the real property comprising any of
9 the following places, buildings, or structures used
10 primarily for housing or providing space for activities
11 for senior citizens: nursing homes, assisted-living
12 centers, senior citizen housing complexes, or senior
13 centers oriented toward daytime activities, or on a
14 public way within 1,000 feet of the real property
15 comprising any of the following places, buildings, or
16 structures used primarily for housing or providing space
17 for activities for senior citizens: nursing homes,
18 assisted-living centers, senior citizen housing
19 complexes, or senior centers oriented toward daytime
20 activities is guilty of a Class 2 felony, the fine for
21 which shall not exceed $125,000;
22 (6) subsection (h) of Section 401 in any school, or
23 any conveyance owned, leased or contracted by a school to
24 transport students to or from school or a school related
25 activity, or residential property owned, operated and
26 managed by a public housing agency or public park, on the
27 real property comprising any school or residential
28 property owned, operated and managed by a public housing
29 agency or public park or on any public way within 1,000
30 feet of the real property comprising any school or
31 residential property owned, operated and managed by a
32 public housing agency or public park, on the real
33 property comprising any church, synagogue, or other
34 building, structure, or place used primarily for
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1 religious worship, or on any public way within 1,000 feet
2 of the real property comprising any church, synagogue, or
3 other building, structure, or place used primarily for
4 religious worship, on the real property comprising any of
5 the following places, buildings, or structures used
6 primarily for housing or providing space for activities
7 for senior citizens: nursing homes, assisted-living
8 centers, senior citizen housing complexes, or senior
9 centers oriented toward daytime activities, or on a
10 public way within 1,000 feet of the real property
11 comprising any of the following places, buildings, or
12 structures used primarily for housing or providing space
13 for activities for senior citizens: nursing homes,
14 assisted-living centers, senior citizen housing
15 complexes, or senior centers oriented toward daytime
16 activities is guilty of a Class 2 felony, the fine for
17 which shall not exceed $100,000.
18 (c) Regarding penalties prescribed in subsection (b) for
19 violations committed in a school or on or within 1,000 feet
20 of school property, the time of day, time of year and whether
21 classes were currently in session at the time of the offense
22 is irrelevant.
23 (d) Any person who violates:
24 (1) subsection (c) of Section 401 in the presence
25 of a child is guilty of a Class X felony, the fine for
26 which shall not exceed $500,000;
27 (2) subsection (d) of Section 401 in the presence
28 of a child is guilty of a Class 1 felony, the fine for
29 which shall not exceed $250,000.
30 (3) subsection (e) of Section 401 or subsection (b)
31 of Section 404 in the presence of a child is guilty of a
32 Class 2 felony, the fine for which shall not exceed
33 $200,000;
34 (4) subsection (f) of Section 401 in the presence
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1 of a child is guilty of a Class 2 felony, the fine for
2 which shall not exceed $150,000;
3 (5) subsection (g) of Section 401 in the presence
4 of a child is guilty of a Class 2 felony, the fine for
5 which shall not exceed $125,000;
6 (6) subsection (h) of Section 401 in the presence
7 of a child is guilty of a Class 2 felony, the fine for
8 which shall not exceed $100,000.
9 For the purpose of this subsection (d), "in the presence
10 of a child" is defined as either:
11 (1) in the physically proximate location where
12 a child under 18 years of age could physically
13 observe or witness the transaction or delivery, or
14 (2) in the same dwelling place in which a
15 child under 18 years of age is physically present at
16 the time of the illegal transaction or delivery.
17 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)