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91_SB1641
LRB9112796RCpk
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
-2- LRB9112796RCpk
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
-3- LRB9112796RCpk
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 within 1,000 feet of any area where students
12 regularly get on or off such conveyance, or residential
13 property owned, operated or managed by a public housing
14 agency or leased by a public housing agency as part of a
15 scattered site or mixed-income development, or public
16 park, on the real property comprising any school or
17 residential property owned, operated or managed by a
18 public housing agency or leased by a public housing
19 agency as part of a scattered site or mixed-income
20 development, or public park or within 1,000 feet of the
21 real property comprising any school or residential
22 property owned, operated or managed by a public housing
23 agency or leased by a public housing agency as part of a
24 scattered site or mixed-income development, or public
25 park, on the real property comprising any church,
26 synagogue, or other building, structure, or place used
27 primarily for religious worship, or within 1,000 feet of
28 the real property comprising any church, synagogue, or
29 other building, structure, or place used primarily for
30 religious worship, on the real property comprising any of
31 the following places, buildings, or structures used
32 primarily for housing or providing space for activities
33 for senior citizens: nursing homes, assisted-living
34 centers, senior citizen housing complexes, or senior
-4- LRB9112796RCpk
1 centers oriented toward daytime activities, or within
2 1,000 feet of the real property comprising any of the
3 following places, buildings, or structures used primarily
4 for housing or providing space for activities for senior
5 citizens: nursing homes, assisted-living centers, senior
6 citizen housing complexes, or senior centers oriented
7 toward daytime activities is guilty of a Class X felony,
8 the fine for which shall not exceed $500,000;
9 (2) subsection (d) of Section 401 in any school, or
10 any conveyance owned, leased or contracted by a school to
11 transport students to or from school or a school related
12 activity or within 1,000 feet of any area where students
13 regularly get on or off such conveyance, or residential
14 property owned, operated or managed by a public housing
15 agency or leased by a public housing agency as part of a
16 scattered site or mixed-income development, or public
17 park, on the real property comprising any school or
18 residential property owned, operated or managed by a
19 public housing agency or leased by a public housing
20 agency as part of a scattered site or mixed-income
21 development, or public park or within 1,000 feet of the
22 real property comprising any school or residential
23 property owned, operated or managed by a public housing
24 agency or leased by a public housing agency as part of a
25 scattered site or mixed-income development, or public
26 park, on the real property comprising any church,
27 synagogue, or other building, structure, or place used
28 primarily for religious worship, or within 1,000 feet of
29 the real property comprising any church, synagogue, or
30 other building, structure, or place used primarily for
31 religious worship, on the real property comprising any of
32 the following places, buildings, or structures used
33 primarily for housing or providing space for activities
34 for senior citizens: nursing homes, assisted-living
-5- LRB9112796RCpk
1 centers, senior citizen housing complexes, or senior
2 centers oriented toward daytime activities, or within
3 1,000 feet of the real property comprising any of the
4 following places, buildings, or structures used primarily
5 for housing or providing space for activities for senior
6 citizens: nursing homes, assisted-living centers, senior
7 citizen housing complexes, or senior centers oriented
8 toward daytime activities is guilty of a Class 1 felony,
9 the fine for which shall not exceed $250,000;
10 (3) subsection (e) of Section 401 or Subsection (b)
11 of Section 404 in any school, or any conveyance owned,
12 leased or contracted by a school to transport students to
13 or from school or a school related activity or within
14 1,000 feet of any area where students regularly get on or
15 off such conveyance, or residential property owned,
16 operated or managed by a public housing agency or leased
17 by a public housing agency as part of a scattered site or
18 mixed-income development, or public park, on the real
19 property comprising any school or residential property
20 owned, operated or managed by a public housing agency or
21 leased by a public housing agency as part of a scattered
22 site or mixed-income development, or public park or
23 within 1,000 feet of the real property comprising any
24 school or residential property owned, operated or managed
25 by a public housing agency or leased by a public housing
26 agency as part of a scattered site or mixed-income
27 development, or public park, on the real property
28 comprising any church, synagogue, or other building,
29 structure, or place used primarily for religious worship,
30 or within 1,000 feet of the real property comprising any
31 church, synagogue, or other building, structure, or place
32 used primarily for religious worship, on the real
33 property comprising any of the following places,
34 buildings, or structures used primarily for housing or
-6- LRB9112796RCpk
1 providing space for activities for senior citizens:
2 nursing homes, assisted-living centers, senior citizen
3 housing complexes, or senior centers oriented toward
4 daytime activities, or within 1,000 feet of the real
5 property comprising any of the following places,
6 buildings, or structures used primarily for housing or
7 providing space for activities for senior citizens:
8 nursing homes, assisted-living centers, senior citizen
9 housing complexes, or senior centers oriented toward
10 daytime activities is guilty of a Class 2 felony, the
11 fine for which shall not exceed $200,000;
12 (4) subsection (f) of Section 401 in any school, or
13 any conveyance owned, leased or contracted by a school to
14 transport students to or from school or a school related
15 activity or within 1,000 feet of any area where students
16 regularly get on or off such conveyance, or residential
17 property owned, operated or managed by a public housing
18 agency or leased by a public housing agency as part of a
19 scattered site or mixed-income development, or public
20 park, on the real property comprising any school or
21 residential property owned, operated or managed by a
22 public housing agency or leased by a public housing
23 agency as part of a scattered site or mixed-income
24 development, or public park or within 1,000 feet of the
25 real property comprising any school or residential
26 property owned, operated or managed by a public housing
27 agency or leased by a public housing agency as part of a
28 scattered site or mixed-income development, or public
29 park, on the real property comprising any church,
30 synagogue, or other building, structure, or place used
31 primarily for religious worship, or within 1,000 feet of
32 the real property comprising any church, synagogue, or
33 other building, structure, or place used primarily for
34 religious worship, on the real property comprising any of
-7- LRB9112796RCpk
1 the following places, buildings, or structures used
2 primarily for housing or providing space for activities
3 for senior citizens: nursing homes, assisted-living
4 centers, senior citizen housing complexes, or senior
5 centers oriented toward daytime activities, or within
6 1,000 feet of the real property comprising any of the
7 following places, buildings, or structures used primarily
8 for housing or providing space for activities for senior
9 citizens: nursing homes, assisted-living centers, senior
10 citizen housing complexes, or senior centers oriented
11 toward daytime activities is guilty of a Class 2 felony,
12 the fine for which shall not exceed $150,000;
13 (5) subsection (g) of Section 401 in any school, or
14 any conveyance owned, leased or contracted by a school to
15 transport students to or from school or a school related
16 activity or within 1,000 feet of any area where students
17 regularly get on or off such conveyance, or residential
18 property owned, operated or managed by a public housing
19 agency or leased by a public housing agency as part of a
20 scattered site or mixed-income development, or public
21 park, on the real property comprising any school or
22 residential property owned, operated or managed by a
23 public housing agency or leased by a public housing
24 agency as part of a scattered site or mixed-income
25 development, or public park or within 1,000 feet of the
26 real property comprising any school or residential
27 property owned, operated or managed by a public housing
28 agency or leased by a public housing agency as part of a
29 scattered site or mixed-income development, or public
30 park, on the real property comprising any church,
31 synagogue, or other building, structure, or place used
32 primarily for religious worship, or within 1,000 feet of
33 the real property comprising any church, synagogue, or
34 other building, structure, or place used primarily for
-8- LRB9112796RCpk
1 religious worship, on the real property comprising any of
2 the following places, buildings, or structures used
3 primarily for housing or providing space for activities
4 for senior citizens: nursing homes, assisted-living
5 centers, senior citizen housing complexes, or senior
6 centers oriented toward daytime activities, or within
7 1,000 feet of the real property comprising any of the
8 following places, buildings, or structures used primarily
9 for housing or providing space for activities for senior
10 citizens: nursing homes, assisted-living centers, senior
11 citizen housing complexes, or senior centers oriented
12 toward daytime activities is guilty of a Class 2 felony,
13 the fine for which shall not exceed $125,000;
14 (6) subsection (h) of Section 401 in any school, or
15 any conveyance owned, leased or contracted by a school to
16 transport students to or from school or a school related
17 activity or within 1,000 feet of any area where students
18 regularly get on or off such conveyance, or residential
19 property owned, operated or managed by a public housing
20 agency or leased by a public housing agency as part of a
21 scattered site or mixed-income development, or public
22 park, on the real property comprising any school or
23 residential property owned, operated or managed by a
24 public housing agency or leased by a public housing
25 agency as part of a scattered site or mixed-income
26 development, or public park or within 1,000 feet of the
27 real property comprising any school or residential
28 property owned, operated or managed by a public housing
29 agency or leased by a public housing agency as part of a
30 scattered site or mixed-income development, or public
31 park, on the real property comprising any church,
32 synagogue, or other building, structure, or place used
33 primarily for religious worship, or within 1,000 feet of
34 the real property comprising any church, synagogue, or
-9- LRB9112796RCpk
1 other building, structure, or place used primarily for
2 religious worship, on the real property comprising any of
3 the following places, buildings, or structures used
4 primarily for housing or providing space for activities
5 for senior citizens: nursing homes, assisted-living
6 centers, senior citizen housing complexes, or senior
7 centers oriented toward daytime activities, or within
8 1,000 feet of the real property comprising any of the
9 following places, buildings, or structures used primarily
10 for housing or providing space for activities for senior
11 citizens: nursing homes, assisted-living centers, senior
12 citizen housing complexes, or senior centers oriented
13 toward daytime activities is guilty of a Class 2 felony,
14 the fine for which shall not exceed $100,000.
15 (c) Regarding penalties prescribed in subsection (b) for
16 violations committed in a school or on or within 1,000 feet
17 of school property, the time of day, time of year and whether
18 classes were currently in session at the time of the offense
19 is irrelevant.
20 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98;
21 91-353, eff. 1-1-00; 91-673, eff. 12-22-99; revised 1-12-00.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.