98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5531

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

`720 ILCS 570/401`	`from Ch. 56 1/2, par. 1401`
`720 ILCS 570/402`	`from Ch. 56 1/2, par. 1402`
`720 ILCS 570/414`
`730 ILCS 5/5-5-3`	`from Ch. 38, par. 1005-5-3`
`740 ILCS 57/15`

Amends the Illinois Controlled Substances Act and the Unified Code of Corrections. Provides that the penalties for the knowing manufacture or

delivery, possession with intent to
manufacture or deliver, or possession

of desomorphine are the same as the penalties for the knowing manufacture

or delivery, possession with intent to
manufacture or deliver, or

possession of heroin (rather than a non-enhanced Class X felony for

manufacture or delivery or possession with intent to
manufacture or deliver

200 grams or more, a Class 1 felony for manufacture or delivery or

possession with intent to
manufacture or deliver not less than 50 grams but

under 200 grams, and a Class 2 felony for the manufacture or delivery or

possession with intent to
manufacture or deliver less than 50 grams; a

non-enhanced Class 1 felony for possession of 200 grams or more and a Class 4 felony for possession of less than 200 grams). Provides that the immunity from criminal prosecution of a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose or a person who is experiencing an overdose applies to the possession of less than 3 grams of a substance containing desomorphine. Amends the Drug Dealer Liability Act. Includes "desomorphine" in the definition of "specified illegal drug". Effective immediately.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Controlled Substances Act is

5 amended by changing Sections 401, 402, and 414 as follows:

6 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)

7 Sec. 401. Except as authorized by this Act, it is unlawful

8 for any person knowingly to manufacture or deliver, or possess

9 with intent to manufacture or deliver, a controlled substance

10 other than methamphetamine, a counterfeit substance, or a

11 controlled substance analog. A violation of this Act with

12 respect to each of the controlled substances listed herein

13 constitutes a single and separate violation of this Act. For

14 purposes of this Section, "controlled substance analog" or

15 "analog" means a substance which is intended for human

16 consumption, other than a controlled substance, that has a

17 chemical structure substantially similar to that of a

18 controlled substance in Schedule I or II, or that was

19 specifically designed to produce an effect substantially

20 similar to that of a controlled substance in Schedule I or II.

21 Examples of chemical classes in which controlled substance

22 analogs are found include, but are not limited to, the

23 following: phenethylamines, N-substituted piperidines,

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1 morphinans, ecgonines, quinazolinones, substituted indoles,

2 and arylcycloalkylamines. For purposes of this Act, a

3 controlled substance analog shall be treated in the same manner

4 as the controlled substance to which it is substantially

5 similar.

6 (a) Any person who violates this Section with respect to

7 the following amounts of controlled or counterfeit substances

8 or controlled substance analogs, notwithstanding any of the

9 provisions of subsections (c), (d), (e), (f), (g) or (h) to the

10 contrary, is guilty of a Class X felony and shall be sentenced

11 to a term of imprisonment as provided in this subsection (a)

12 and fined as provided in subsection (b):

13 (1) (A) not less than 6 years and not more than 30

14 years with respect to 15 grams or more but less than

15 100 grams of a substance containing heroin, or an

16 analog thereof;

17 (B) not less than 9 years and not more than 40

18 years with respect to 100 grams or more but less than

19 400 grams of a substance containing heroin, or an

20 analog thereof;

21 (C) not less than 12 years and not more than 50

22 years with respect to 400 grams or more but less than

23 900 grams of a substance containing heroin, or an

24 analog thereof;

25 (D) not less than 15 years and not more than 60

26 years with respect to 900 grams or more of any

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1 substance containing heroin, or an analog thereof;

2 (1.1) (A) not less than 6 years and not more than 30

3 years with respect to 15 grams or more but less than

4 100 grams of a substance containing desomorphine, or an

5 analog thereof;

6 (B) not less than 9 years and not more than 40

7 years with respect to 100 grams or more but less than

8 400 grams of a substance containing desomorphine, or an

9 analog thereof;

10 (C) not less than 12 years and not more than 50

11 years with respect to 400 grams or more but less than

12 900 grams of a substance containing desomorphine, or an

13 analog thereof;

14 (D) not less than 15 years and not more than 60

15 years with respect to 900 grams or more of any

16 substance containing desomorphine, or an analog

17 thereof;

18 (1.5) (A) not less than 6 years and not more than 30

19 years with respect to 15 grams or more but less than

20 100 grams of a substance containing fentanyl, or an

21 analog thereof;

22 (B) not less than 9 years and not more than 40

23 years with respect to 100 grams or more but less than

24 400 grams of a substance containing fentanyl, or an

25 analog thereof;

26 (C) not less than 12 years and not more than 50

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1 years with respect to 400 grams or more but less than

2 900 grams of a substance containing fentanyl, or an

3 analog thereof;

4 (D) not less than 15 years and not more than 60

5 years with respect to 900 grams or more of a substance

6 containing fentanyl, or an analog thereof;

7 (2) (A) not less than 6 years and not more than 30

8 years with respect to 15 grams or more but less than

9 100 grams of a substance containing cocaine, or an

10 analog thereof;

11 (B) not less than 9 years and not more than 40

12 years with respect to 100 grams or more but less than

13 400 grams of a substance containing cocaine, or an

14 analog thereof;

15 (C) not less than 12 years and not more than 50

16 years with respect to 400 grams or more but less than

17 900 grams of a substance containing cocaine, or an

18 analog thereof;

19 (D) not less than 15 years and not more than 60

20 years with respect to 900 grams or more of any

21 substance containing cocaine, or an analog thereof;

22 (3) (A) not less than 6 years and not more than 30

23 years with respect to 15 grams or more but less than

24 100 grams of a substance containing morphine, or an

25 analog thereof;

26 (B) not less than 9 years and not more than 40

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1 years with respect to 100 grams or more but less than

2 400 grams of a substance containing morphine, or an

3 analog thereof;

4 (C) not less than 12 years and not more than 50

5 years with respect to 400 grams or more but less than

6 900 grams of a substance containing morphine, or an

7 analog thereof;

8 (D) not less than 15 years and not more than 60

9 years with respect to 900 grams or more of a substance

10 containing morphine, or an analog thereof;

11 (4) 200 grams or more of any substance containing

12 peyote, or an analog thereof;

13 (5) 200 grams or more of any substance containing a

14 derivative of barbituric acid or any of the salts of a

15 derivative of barbituric acid, or an analog thereof;

16 (6) 200 grams or more of any substance containing

17 amphetamine or any salt of an optical isomer of

18 amphetamine, or an analog thereof;

19 (6.5) (blank);

20 (6.6) (blank);

21 (7) (A) not less than 6 years and not more than 30

22 years with respect to: (i) 15 grams or more but less

23 than 100 grams of a substance containing lysergic acid

24 diethylamide (LSD), or an analog thereof, or (ii) 15 or

25 more objects or 15 or more segregated parts of an

26 object or objects but less than 200 objects or 200

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1 segregated parts of an object or objects containing in

2 them or having upon them any amounts of any substance

3 containing lysergic acid diethylamide (LSD), or an

4 analog thereof;

5 (B) not less than 9 years and not more than 40

6 years with respect to: (i) 100 grams or more but less

7 than 400 grams of a substance containing lysergic acid

8 diethylamide (LSD), or an analog thereof, or (ii) 200

9 or more objects or 200 or more segregated parts of an

10 object or objects but less than 600 objects or less

11 than 600 segregated parts of an object or objects

12 containing in them or having upon them any amount of

13 any substance containing lysergic acid diethylamide

14 (LSD), or an analog thereof;

15 (C) not less than 12 years and not more than 50

16 years with respect to: (i) 400 grams or more but less

17 than 900 grams of a substance containing lysergic acid

18 diethylamide (LSD), or an analog thereof, or (ii) 600

19 or more objects or 600 or more segregated parts of an

20 object or objects but less than 1500 objects or 1500

21 segregated parts of an object or objects containing in

22 them or having upon them any amount of any substance

23 containing lysergic acid diethylamide (LSD), or an

24 analog thereof;

25 (D) not less than 15 years and not more than 60

26 years with respect to: (i) 900 grams or more of any

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1 substance containing lysergic acid diethylamide (LSD),

2 or an analog thereof, or (ii) 1500 or more objects or

3 1500 or more segregated parts of an object or objects

4 containing in them or having upon them any amount of a

5 substance containing lysergic acid diethylamide (LSD),

6 or an analog thereof;

7 (7.5) (A) not less than 6 years and not more than 30

8 years with respect to: (i) 15 grams or more but less

9 than 100 grams of a substance listed in paragraph (1),

10 (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),

11 (21), (25), or (26) of subsection (d) of Section 204,

12 or an analog or derivative thereof, or (ii) 15 or more

13 pills, tablets, caplets, capsules, or objects but less

14 than 200 pills, tablets, caplets, capsules, or objects

15 containing in them or having upon them any amounts of

16 any substance listed in paragraph (1), (2), (2.1),

17 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or

18 (26) of subsection (d) of Section 204, or an analog or

19 derivative thereof;

20 (B) not less than 9 years and not more than 40

21 years with respect to: (i) 100 grams or more but less

22 than 400 grams of a substance listed in paragraph (1),

23 (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),

24 (21), (25), or (26) of subsection (d) of Section 204,

25 or an analog or derivative thereof, or (ii) 200 or more

26 pills, tablets, caplets, capsules, or objects but less

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1 than 600 pills, tablets, caplets, capsules, or objects

2 containing in them or having upon them any amount of

3 any substance listed in paragraph (1), (2), (2.1),

4 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or

5 (26) of subsection (d) of Section 204, or an analog or

6 derivative thereof;

7 (C) not less than 12 years and not more than 50

8 years with respect to: (i) 400 grams or more but less

9 than 900 grams of a substance listed in paragraph (1),

10 (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),

11 (21), (25), or (26) of subsection (d) of Section 204,

12 or an analog or derivative thereof, or (ii) 600 or more

13 pills, tablets, caplets, capsules, or objects but less

14 than 1,500 pills, tablets, caplets, capsules, or

15 objects containing in them or having upon them any

16 amount of any substance listed in paragraph (1), (2),

17 (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),

18 (25), or (26) of subsection (d) of Section 204, or an

19 analog or derivative thereof;

20 (D) not less than 15 years and not more than 60

21 years with respect to: (i) 900 grams or more of any

22 substance listed in paragraph (1), (2), (2.1), (2.2),

23 (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of

24 subsection (d) of Section 204, or an analog or

25 derivative thereof, or (ii) 1,500 or more pills,

26 tablets, caplets, capsules, or objects containing in

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1 them or having upon them any amount of a substance

2 listed in paragraph (1), (2), (2.1), (2.2), (3),

3 (14.1), (19), (20), (20.1), (21), (25), or (26) of

4 subsection (d) of Section 204, or an analog or

5 derivative thereof;

6 (8) 30 grams or more of any substance containing

7 pentazocine or any of the salts, isomers and salts of

8 isomers of pentazocine, or an analog thereof;

9 (9) 30 grams or more of any substance containing

10 methaqualone or any of the salts, isomers and salts of

11 isomers of methaqualone, or an analog thereof;

12 (10) 30 grams or more of any substance containing

13 phencyclidine or any of the salts, isomers and salts of

14 isomers of phencyclidine (PCP), or an analog thereof;

15 (10.5) 30 grams or more of any substance containing

16 ketamine or any of the salts, isomers and salts of isomers

17 of ketamine, or an analog thereof;

18 (10.6) 100 grams or more of any substance containing

19 hydrocodone, or any of the salts, isomers and salts of

20 isomers of hydrocodone, or an analog thereof;

21 (10.7) 100 grams or more of any substance containing

22 dihydrocodeinone, or any of the salts, isomers and salts of

23 isomers of dihydrocodeinone, or an analog thereof;

24 (10.8) 100 grams or more of any substance containing

25 dihydrocodeine, or any of the salts, isomers and salts of

26 isomers of dihydrocodeine, or an analog thereof;

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1 (10.9) 100 grams or more of any substance containing

2 oxycodone, or any of the salts, isomers and salts of

3 isomers of oxycodone, or an analog thereof;

4 (11) 200 grams or more of any substance containing any

5 other controlled substance classified in Schedules I or II,

6 or an analog thereof, which is not otherwise included in

7 this subsection.

8 (b) Any person sentenced with respect to violations of

9 paragraph (1),(1.1), (2), (3), (7), or (7.5) of subsection (a)

10 involving 100 grams or more of the controlled substance named

11 therein, may in addition to the penalties provided therein, be

12 fined an amount not more than $500,000 or the full street value

13 of the controlled or counterfeit substance or controlled

14 substance analog, whichever is greater. The term "street value"

15 shall have the meaning ascribed in Section 110-5 of the Code of

16 Criminal Procedure of 1963. Any person sentenced with respect

17 to any other provision of subsection (a), may in addition to

18 the penalties provided therein, be fined an amount not to

19 exceed $500,000.

20 (b-1) Excluding violations of this Act when the controlled

21 substance is fentanyl, any person sentenced to a term of

22 imprisonment with respect to violations of Section 401, 401.1,

23 405, 405.1, 405.2, or 407, when the substance containing the

24 controlled substance contains any amount of fentanyl, 3 years

25 shall be added to the term of imprisonment imposed by the

26 court, and the maximum sentence for the offense shall be

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1 increased by 3 years.

2 (c) Any person who violates this Section with regard to the

3 following amounts of controlled or counterfeit substances or

4 controlled substance analogs, notwithstanding any of the

5 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)

6 to the contrary, is guilty of a Class 1 felony. The fine for

7 violation of this subsection (c) shall not be more than

8 $250,000:

9 (1) 1 gram or more but less than 15 grams of any

10 substance containing heroin, or an analog thereof;

11 (1.1) 1 gram or more but less than 15 grams of any

12 substance containing desomorphine, or an analog thereof;

13 (1.5) 1 gram or more but less than 15 grams of any

14 substance containing fentanyl, or an analog thereof;

15 (2) 1 gram or more but less than 15 grams of any

16 substance containing cocaine, or an analog thereof;

17 (3) 10 grams or more but less than 15 grams of any

18 substance containing morphine, or an analog thereof;

19 (4) 50 grams or more but less than 200 grams of any

20 substance containing peyote, or an analog thereof;

21 (5) 50 grams or more but less than 200 grams of any

22 substance containing a derivative of barbituric acid or any

23 of the salts of a derivative of barbituric acid, or an

24 analog thereof;

25 (6) 50 grams or more but less than 200 grams of any

26 substance containing amphetamine or any salt of an optical

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1 isomer of amphetamine, or an analog thereof;

2 (6.5) (blank);

3 (7) (i) 5 grams or more but less than 15 grams of any

4 substance containing lysergic acid diethylamide (LSD), or

5 an analog thereof, or (ii) more than 10 objects or more

6 than 10 segregated parts of an object or objects but less

7 than 15 objects or less than 15 segregated parts of an

8 object containing in them or having upon them any amount of

9 any substance containing lysergic acid diethylamide (LSD),

10 or an analog thereof;

11 (7.5) (i) 5 grams or more but less than 15 grams of any

12 substance listed in paragraph (1), (2), (2.1), (2.2), (3),

13 (14.1), (19), (20), (20.1), (21), (25), or (26) of

14 subsection (d) of Section 204, or an analog or derivative

15 thereof, or (ii) more than 10 pills, tablets, caplets,

16 capsules, or objects but less than 15 pills, tablets,

17 caplets, capsules, or objects containing in them or having

18 upon them any amount of any substance listed in paragraph

19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),

20 (21), (25), or (26) of subsection (d) of Section 204, or an

21 analog or derivative thereof;

22 (8) 10 grams or more but less than 30 grams of any

23 substance containing pentazocine or any of the salts,

24 isomers and salts of isomers of pentazocine, or an analog

25 thereof;

26 (9) 10 grams or more but less than 30 grams of any

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1 substance containing methaqualone or any of the salts,

2 isomers and salts of isomers of methaqualone, or an analog

3 thereof;

4 (10) 10 grams or more but less than 30 grams of any

5 substance containing phencyclidine or any of the salts,

6 isomers and salts of isomers of phencyclidine (PCP), or an

7 analog thereof;

8 (10.5) 10 grams or more but less than 30 grams of any

9 substance containing ketamine or any of the salts, isomers

10 and salts of isomers of ketamine, or an analog thereof;

11 (10.6) 50 grams or more but less than 100 grams of any

12 substance containing hydrocodone, or any of the salts,

13 isomers and salts of isomers of hydrocodone, or an analog

14 thereof;

15 (10.7) 50 grams or more but less than 100 grams of any

16 substance containing dihydrocodeinone, or any of the

17 salts, isomers and salts of isomers of dihydrocodeinone, or

18 an analog thereof;

19 (10.8) 50 grams or more but less than 100 grams of any

20 substance containing dihydrocodeine, or any of the salts,

21 isomers and salts of isomers of dihydrocodeine, or an

22 analog thereof;

23 (10.9) 50 grams or more but less than 100 grams of any

24 substance containing oxycodone, or any of the salts,

25 isomers and salts of isomers of oxycodone, or an analog

26 thereof;

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1 (11) 50 grams or more but less than 200 grams of any

2 substance containing a substance classified in Schedules I

3 or II, or an analog thereof, which is not otherwise

4 included in this subsection.

5 (c-5) (Blank).

6 (d) Any person who violates this Section with regard to any

7 other amount of a controlled or counterfeit substance

8 containing dihydrocodeinone or dihydrocodeine or classified in

9 Schedules I or II, or an analog thereof, which is (i) a

10 narcotic drug, (ii) lysergic acid diethylamide (LSD) or an

11 analog thereof, (iii) any substance containing amphetamine or

12 fentanyl or any salt or optical isomer of amphetamine or

13 fentanyl, or an analog thereof, or (iv) any substance

14 containing N-Benzylpiperazine (BZP) or any salt or optical

15 isomer of N-Benzylpiperazine (BZP), or an analog thereof, is

16 guilty of a Class 2 felony. The fine for violation of this

17 subsection (d) shall not be more than $200,000.

18 (d-5) (Blank).

19 (e) Any person who violates this Section with regard to any

20 other amount of a controlled substance other than

21 methamphetamine or counterfeit substance classified in

22 Schedule I or II, or an analog thereof, which substance is not

23 included under subsection (d) of this Section, is guilty of a

24 Class 3 felony. The fine for violation of this subsection (e)

25 shall not be more than $150,000.

26 (f) Any person who violates this Section with regard to any

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1 other amount of a controlled or counterfeit substance

2 classified in Schedule III is guilty of a Class 3 felony. The

3 fine for violation of this subsection (f) shall not be more

4 than $125,000.

5 (g) Any person who violates this Section with regard to any

6 other amount of a controlled or counterfeit substance

7 classified in Schedule IV is guilty of a Class 3 felony. The

8 fine for violation of this subsection (g) shall not be more

9 than $100,000.

10 (h) Any person who violates this Section with regard to any

11 other amount of a controlled or counterfeit substance

12 classified in Schedule V is guilty of a Class 3 felony. The

13 fine for violation of this subsection (h) shall not be more

14 than $75,000.

15 (i) This Section does not apply to the manufacture,

16 possession or distribution of a substance in conformance with

17 the provisions of an approved new drug application or an

18 exemption for investigational use within the meaning of Section

19 505 of the Federal Food, Drug and Cosmetic Act.

20 (j) (Blank).

21 (Source: P.A. 96-347, eff. 1-1-10; 97-997, eff. 1-1-13.)

22 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)

23 Sec. 402. Except as otherwise authorized by this Act, it is

24 unlawful for any person knowingly to possess a controlled or

25 counterfeit substance or controlled substance analog. A

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1 violation of this Act with respect to each of the controlled

2 substances listed herein constitutes a single and separate

3 violation of this Act. For purposes of this Section,

4 "controlled substance analog" or "analog" means a substance

5 which is intended for human consumption, other than a

6 controlled substance, that has a chemical structure

7 substantially similar to that of a controlled substance in

8 Schedule I or II, or that was specifically designed to produce

9 an effect substantially similar to that of a controlled

10 substance in Schedule I or II. Examples of chemical classes in

11 which controlled substance analogs are found include, but are

12 not limited to, the following: phenethylamines, N-substituted

13 piperidines, morphinans, ecgonines, quinazolinones,

14 substituted indoles, and arylcycloalkylamines. For purposes of

15 this Act, a controlled substance analog shall be treated in the

16 same manner as the controlled substance to which it is

17 substantially similar.

18 (a) Any person who violates this Section with respect to

19 the following controlled or counterfeit substances and

20 amounts, notwithstanding any of the provisions of subsections

21 (c) and (d) to the contrary, is guilty of a Class 1 felony and

22 shall, if sentenced to a term of imprisonment, be sentenced as

23 provided in this subsection (a) and fined as provided in

24 subsection (b):

25 (1) (A) not less than 4 years and not more than 15

26 years with respect to 15 grams or more but less than

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1 100 grams of a substance containing heroin;

2 (B) not less than 6 years and not more than 30

3 years with respect to 100 grams or more but less than

4 400 grams of a substance containing heroin;

5 (C) not less than 8 years and not more than 40

6 years with respect to 400 grams or more but less than

7 900 grams of any substance containing heroin;

8 (D) not less than 10 years and not more than 50

9 years with respect to 900 grams or more of any

10 substance containing heroin;

11 (1.1) (A) not less than 4 years and not more than 15

12 years with respect to 15 grams or more but less than

13 100 grams of a substance containing desomorphine;

14 (B) not less than 6 years and not more than 30

15 years with respect to 100 grams or more but less than

16 400 grams of a substance containing desomorphine;

17 (C) not less than 8 years and not more than 40

18 years with respect to 400 grams or more but less than

19 900 grams of any substance containing desomorphine;

20 (D) not less than 10 years and not more than 50

21 years with respect to 900 grams or more of any

22 substance containing desomorphine;

23 (2) (A) not less than 4 years and not more than 15

24 years with respect to 15 grams or more but less than

25 100 grams of any substance containing cocaine;

26 (B) not less than 6 years and not more than 30

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1 years with respect to 100 grams or more but less than

2 400 grams of any substance containing cocaine;

3 (C) not less than 8 years and not more than 40

4 years with respect to 400 grams or more but less than

5 900 grams of any substance containing cocaine;

6 (D) not less than 10 years and not more than 50

7 years with respect to 900 grams or more of any

8 substance containing cocaine;

9 (3) (A) not less than 4 years and not more than 15

10 years with respect to 15 grams or more but less than

11 100 grams of any substance containing morphine;

12 (B) not less than 6 years and not more than 30

13 years with respect to 100 grams or more but less than

14 400 grams of any substance containing morphine;

15 (C) not less than 6 years and not more than 40

16 years with respect to 400 grams or more but less than

17 900 grams of any substance containing morphine;

18 (D) not less than 10 years and not more than 50

19 years with respect to 900 grams or more of any

20 substance containing morphine;

21 (4) 200 grams or more of any substance containing

22 peyote;

23 (5) 200 grams or more of any substance containing a

24 derivative of barbituric acid or any of the salts of a

25 derivative of barbituric acid;

26 (6) 200 grams or more of any substance containing

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1 amphetamine or any salt of an optical isomer of

2 amphetamine;

3 (6.5) (blank);

4 (7) (A) not less than 4 years and not more than 15

5 years with respect to: (i) 15 grams or more but less

6 than 100 grams of any substance containing lysergic

7 acid diethylamide (LSD), or an analog thereof, or (ii)

8 15 or more objects or 15 or more segregated parts of an

9 object or objects but less than 200 objects or 200

10 segregated parts of an object or objects containing in

11 them or having upon them any amount of any substance

12 containing lysergic acid diethylamide (LSD), or an

13 analog thereof;

14 (B) not less than 6 years and not more than 30

15 years with respect to: (i) 100 grams or more but less

16 than 400 grams of any substance containing lysergic

17 acid diethylamide (LSD), or an analog thereof, or (ii)

18 200 or more objects or 200 or more segregated parts of

19 an object or objects but less than 600 objects or less

20 than 600 segregated parts of an object or objects

21 containing in them or having upon them any amount of

22 any substance containing lysergic acid diethylamide

23 (LSD), or an analog thereof;

24 (C) not less than 8 years and not more than 40

25 years with respect to: (i) 400 grams or more but less

26 than 900 grams of any substance containing lysergic

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1 acid diethylamide (LSD), or an analog thereof, or (ii)

2 600 or more objects or 600 or more segregated parts of

3 an object or objects but less than 1500 objects or 1500

4 segregated parts of an object or objects containing in

5 them or having upon them any amount of any substance

6 containing lysergic acid diethylamide (LSD), or an

7 analog thereof;

8 (D) not less than 10 years and not more than 50

9 years with respect to: (i) 900 grams or more of any

10 substance containing lysergic acid diethylamide (LSD),

11 or an analog thereof, or (ii) 1500 or more objects or

12 1500 or more segregated parts of an object or objects

13 containing in them or having upon them any amount of a

14 substance containing lysergic acid diethylamide (LSD),

15 or an analog thereof;

16 (7.5) (A) not less than 4 years and not more than 15

17 years with respect to: (i) 15 grams or more but less

18 than 100 grams of any substance listed in paragraph

19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

20 (20.1), (21), (25), or (26) of subsection (d) of

21 Section 204, or an analog or derivative thereof, or

22 (ii) 15 or more pills, tablets, caplets, capsules, or

23 objects but less than 200 pills, tablets, caplets,

24 capsules, or objects containing in them or having upon

25 them any amount of any substance listed in paragraph

26 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

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1 (20.1), (21), (25), or (26) of subsection (d) of

2 Section 204, or an analog or derivative thereof;

3 (B) not less than 6 years and not more than 30

4 years with respect to: (i) 100 grams or more but less

5 than 400 grams of any substance listed in paragraph

6 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

7 (20.1), (21), (25), or (26) of subsection (d) of

8 Section 204, or an analog or derivative thereof, or

9 (ii) 200 or more pills, tablets, caplets, capsules, or

10 objects but less than 600 pills, tablets, caplets,

11 capsules, or objects containing in them or having upon

12 them any amount of any substance listed in paragraph

13 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

14 (20.1), (21), (25), or (26) of subsection (d) of

15 Section 204, or an analog or derivative thereof;

16 (C) not less than 8 years and not more than 40

17 years with respect to: (i) 400 grams or more but less

18 than 900 grams of any substance listed in paragraph

19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

20 (20.1), (21), (25), or (26) of subsection (d) of

21 Section 204, or an analog or derivative thereof, or

22 (ii) 600 or more pills, tablets, caplets, capsules, or

23 objects but less than 1,500 pills, tablets, caplets,

24 capsules, or objects containing in them or having upon

25 them any amount of any substance listed in paragraph

26 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

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1 (20.1), (21), (25), or (26) of subsection (d) of

2 Section 204, or an analog or derivative thereof;

3 (D) not less than 10 years and not more than 50

4 years with respect to: (i) 900 grams or more of any

5 substance listed in paragraph (1), (2), (2.1), (2.2),

6 (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of

7 subsection (d) of Section 204, or an analog or

8 derivative thereof, or (ii) 1,500 or more pills,

9 tablets, caplets, capsules, or objects containing in

10 them or having upon them any amount of a substance

11 listed in paragraph (1), (2), (2.1), (2.2), (3),

12 (14.1), (19), (20), (20.1), (21), (25), or (26) of

13 subsection (d) of Section 204, or an analog or

14 derivative thereof;

15 (8) 30 grams or more of any substance containing

16 pentazocine or any of the salts, isomers and salts of

17 isomers of pentazocine, or an analog thereof;

18 (9) 30 grams or more of any substance containing

19 methaqualone or any of the salts, isomers and salts of

20 isomers of methaqualone;

21 (10) 30 grams or more of any substance containing

22 phencyclidine or any of the salts, isomers and salts of

23 isomers of phencyclidine (PCP);

24 (10.5) 30 grams or more of any substance containing

25 ketamine or any of the salts, isomers and salts of isomers

26 of ketamine;

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1 (11) 200 grams or more of any substance containing any

2 substance classified as a narcotic drug in Schedules I or

3 II, or an analog thereof, which is not otherwise included

4 in this subsection.

5 (b) Any person sentenced with respect to violations of

6 paragraph (1),(1.1), (2), (3), (7), or (7.5) of subsection (a)

7 involving 100 grams or more of the controlled substance named

8 therein, may in addition to the penalties provided therein, be

9 fined an amount not to exceed $200,000 or the full street value

10 of the controlled or counterfeit substances, whichever is

11 greater. The term "street value" shall have the meaning

12 ascribed in Section 110-5 of the Code of Criminal Procedure of

13 1963. Any person sentenced with respect to any other provision

14 of subsection (a), may in addition to the penalties provided

15 therein, be fined an amount not to exceed $200,000.

16 (c) Any person who violates this Section with regard to an

17 amount of a controlled substance other than methamphetamine or

18 counterfeit substance not set forth in subsection (a) or (d) is

19 guilty of a Class 4 felony. The fine for a violation punishable

20 under this subsection (c) shall not be more than $25,000.

21 (d) Any person who violates this Section with regard to any

22 amount of anabolic steroid is guilty of a Class C misdemeanor

23 for the first offense and a Class B misdemeanor for a

24 subsequent offense committed within 2 years of a prior

25 conviction.

26 (Source: P.A. 95-331, eff. 8-21-07; 96-347, eff. 1-1-10.)

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1 (720 ILCS 570/414)

2 Sec. 414. Overdose; limited immunity from prosecution.

3 (a) For the purposes of this Section, "overdose" means a

4 controlled substance-induced physiological event that results

5 in a life-threatening emergency to the individual who ingested,

6 inhaled, injected or otherwise bodily absorbed a controlled,

7 counterfeit, or look-alike substance or a controlled substance

8 analog.

9 (b) A person who, in good faith, seeks or obtains emergency

10 medical assistance for someone experiencing an overdose shall

11 not be charged or prosecuted for Class 4 felony possession of a

12 controlled, counterfeit, or look-alike substance or a

13 controlled substance analog if evidence for the Class 4 felony

14 possession charge was acquired as a result of the person

15 seeking or obtaining emergency medical assistance and

16 providing the amount of substance recovered is within the

17 amount identified in subsection (d) of this Section.

18 (c) A person who is experiencing an overdose shall not be

19 charged or prosecuted for Class 4 felony possession of a

20 controlled, counterfeit, or look-alike substance or a

21 controlled substance analog if evidence for the Class 4 felony

22 possession charge was acquired as a result of the person

23 seeking or obtaining emergency medical assistance and

24 providing the amount of substance recovered is within the

25 amount identified in subsection (d) of this Section.

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1 (d) For the purposes of subsections (b) and (c), the

2 limited immunity shall only apply to a person possessing the

3 following amount:

4 (1) less than 3 grams of a substance containing heroin;

5 (1.1) less than 3 grams of a substance containing

6 desomorphine;

7 (2) less than 3 grams of a substance containing

8 cocaine;

9 (3) less than 3 grams of a substance containing

10 morphine;

11 (4) less than 40 grams of a substance containing

12 peyote;

13 (5) less than 40 grams of a substance containing a

14 derivative of barbituric acid or any of the salts of a

15 derivative of barbituric acid;

16 (6) less than 40 grams of a substance containing

17 amphetamine or any salt of an optical isomer of

18 amphetamine;

19 (7) less than 3 grams of a substance containing

20 lysergic acid diethylamide (LSD), or an analog thereof;

21 (8) less than 6 grams of a substance containing

22 pentazocine or any of the salts, isomers and salts of

23 isomers of pentazocine, or an analog thereof;

24 (9) less than 6 grams of a substance containing

25 methaqualone or any of the salts, isomers and salts of

26 isomers of methaqualone;

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1 (10) less than 6 grams of a substance containing

2 phencyclidine or any of the salts, isomers and salts of

3 isomers of phencyclidine (PCP);

4 (11) less than 6 grams of a substance containing

5 ketamine or any of the salts, isomers and salts of isomers

6 of ketamine;

7 (12) less than 40 grams of a substance containing a

8 substance classified as a narcotic drug in Schedules I or

9 II, or an analog thereof, which is not otherwise included

10 in this subsection.

11 (e) The limited immunity described in subsections (b) and

12 (c) of this Section shall not be extended if law enforcement

13 has reasonable suspicion or probable cause to detain, arrest,

14 or search the person described in subsection (b) or (c) of this

15 Section for criminal activity and the reasonable suspicion or

16 probable cause is based on information obtained prior to or

17 independent of the individual described in subsection (b) or

18 (c) taking action to seek or obtain emergency medical

19 assistance and not obtained as a direct result of the action of

20 seeking or obtaining emergency medical assistance. Nothing in

21 this Section is intended to interfere with or prevent the

22 investigation, arrest, or prosecution of any person for the

23 delivery or distribution of cannabis, methamphetamine or other

24 controlled substances, drug-induced homicide, or any other

25 crime.

26 (Source: P.A. 97-678, eff. 6-1-12.)

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1 Section 10. The Unified Code of Corrections is amended by

2 changing Section 5-5-3 as follows:

3 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

4 Sec. 5-5-3. Disposition.

5 (a) (Blank).

6 (b) (Blank).

7 (c) (1) (Blank).

8 (2) A period of probation, a term of periodic

9 imprisonment or conditional discharge shall not be imposed

10 for the following offenses. The court shall sentence the

11 offender to not less than the minimum term of imprisonment

12 set forth in this Code for the following offenses, and may

13 order a fine or restitution or both in conjunction with

14 such term of imprisonment:

15 (A) First degree murder where the death penalty is

16 not imposed.

17 (B) Attempted first degree murder.

18 (C) A Class X felony.

19 (D) A violation of Section 401.1 or 407 of the

20 Illinois Controlled Substances Act, or a violation of

21 subdivision (c)(1.5) or (c)(2) of Section 401 of that

22 Act which relates to more than 5 grams of a substance

23 containing cocaine, fentanyl, or an analog thereof.

24 (D-5) A violation of subdivision (c)(1) or

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1 (c)(1.1)of Section 401 of the Illinois Controlled

2 Substances Act which relates to 3 or more grams of a

3 substance containing heroin, desomorphine or an analog

4 thereof.

5 (E) A violation of Section 5.1 or 9 of the Cannabis

6 Control Act.

7 (F) A Class 2 or greater felony if the offender had

8 been convicted of a Class 2 or greater felony,

9 including any state or federal conviction for an

10 offense that contained, at the time it was committed,

11 the same elements as an offense now (the date of the

12 offense committed after the prior Class 2 or greater

13 felony) classified as a Class 2 or greater felony,

14 within 10 years of the date on which the offender

15 committed the offense for which he or she is being

16 sentenced, except as otherwise provided in Section

17 40-10 of the Alcoholism and Other Drug Abuse and

18 Dependency Act.

19 (F-5) A violation of Section 24-1, 24-1.1, or

20 24-1.6 of the Criminal Code of 1961 or the Criminal

21 Code of 2012 for which imprisonment is prescribed in

22 those Sections.

23 (G) Residential burglary, except as otherwise

24 provided in Section 40-10 of the Alcoholism and Other

25 Drug Abuse and Dependency Act.

26 (H) Criminal sexual assault.

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1 (I) Aggravated battery of a senior citizen as

2 described in Section 12-4.6 or subdivision (a)(4) of

3 Section 12-3.05 of the Criminal Code of 1961 or the

4 Criminal Code of 2012.

5 (J) A forcible felony if the offense was related to

6 the activities of an organized gang.

7 Before July 1, 1994, for the purposes of this

8 paragraph, "organized gang" means an association of 5

9 or more persons, with an established hierarchy, that

10 encourages members of the association to perpetrate

11 crimes or provides support to the members of the

12 association who do commit crimes.

13 Beginning July 1, 1994, for the purposes of this

14 paragraph, "organized gang" has the meaning ascribed

15 to it in Section 10 of the Illinois Streetgang

16 Terrorism Omnibus Prevention Act.

17 (K) Vehicular hijacking.

18 (L) A second or subsequent conviction for the

19 offense of hate crime when the underlying offense upon

20 which the hate crime is based is felony aggravated

21 assault or felony mob action.

22 (M) A second or subsequent conviction for the

23 offense of institutional vandalism if the damage to the

24 property exceeds $300.

25 (N) A Class 3 felony violation of paragraph (1) of

26 subsection (a) of Section 2 of the Firearm Owners

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1 Identification Card Act.

2 (O) A violation of Section 12-6.1 or 12-6.5 of the

3 Criminal Code of 1961 or the Criminal Code of 2012.

4 (P) A violation of paragraph (1), (2), (3), (4),

5 (5), or (7) of subsection (a) of Section 11-20.1 of the

6 Criminal Code of 1961 or the Criminal Code of 2012.

7 (Q) A violation of subsection (b) or (b-5) of

8 Section 20-1, Section 20-1.2, or Section 20-1.3 of the

9 Criminal Code of 1961 or the Criminal Code of 2012.

10 (R) A violation of Section 24-3A of the Criminal

11 Code of 1961 or the Criminal Code of 2012.

12 (S) (Blank).

13 (T) A second or subsequent violation of the

14 Methamphetamine Control and Community Protection Act.

15 (U) A second or subsequent violation of Section

16 6-303 of the Illinois Vehicle Code committed while his

17 or her driver's license, permit, or privilege was

18 revoked because of a violation of Section 9-3 of the

19 Criminal Code of 1961 or the Criminal Code of 2012,

20 relating to the offense of reckless homicide, or a

21 similar provision of a law of another state.

22 (V) A violation of paragraph (4) of subsection (c)

23 of Section 11-20.1B or paragraph (4) of subsection (c)

24 of Section 11-20.3 of the Criminal Code of 1961, or

25 paragraph (6) of subsection (a) of Section 11-20.1 of

26 the Criminal Code of 2012 when the victim is under 13

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1 years of age and the defendant has previously been

2 convicted under the laws of this State or any other

3 state of the offense of child pornography, aggravated

4 child pornography, aggravated criminal sexual abuse,

5 aggravated criminal sexual assault, predatory criminal

6 sexual assault of a child, or any of the offenses

7 formerly known as rape, deviate sexual assault,

8 indecent liberties with a child, or aggravated

9 indecent liberties with a child where the victim was

10 under the age of 18 years or an offense that is

11 substantially equivalent to those offenses.

12 (W) A violation of Section 24-3.5 of the Criminal

13 Code of 1961 or the Criminal Code of 2012.

14 (X) A violation of subsection (a) of Section 31-1a

15 of the Criminal Code of 1961 or the Criminal Code of

16 2012.

17 (Y) A conviction for unlawful possession of a

18 firearm by a street gang member when the firearm was

19 loaded or contained firearm ammunition.

20 (Z) A Class 1 felony committed while he or she was

21 serving a term of probation or conditional discharge

22 for a felony.

23 (AA) Theft of property exceeding $500,000 and not

24 exceeding $1,000,000 in value.

25 (BB) Laundering of criminally derived property of

26 a value exceeding $500,000.

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1 (CC) Knowingly selling, offering for sale, holding

2 for sale, or using 2,000 or more counterfeit items or

3 counterfeit items having a retail value in the

4 aggregate of $500,000 or more.

5 (DD) A conviction for aggravated assault under

6 paragraph (6) of subsection (c) of Section 12-2 of the

7 Criminal Code of 1961 or the Criminal Code of 2012 if

8 the firearm is aimed toward the person against whom the

9 firearm is being used.

10 (3) (Blank).

11 (4) A minimum term of imprisonment of not less than 10

12 consecutive days or 30 days of community service shall be

13 imposed for a violation of paragraph (c) of Section 6-303

14 of the Illinois Vehicle Code.

15 (4.1) (Blank).

16 (4.2) Except as provided in paragraphs (4.3) and (4.8)

17 of this subsection (c), a minimum of 100 hours of community

18 service shall be imposed for a second violation of Section

19 6-303 of the Illinois Vehicle Code.

20 (4.3) A minimum term of imprisonment of 30 days or 300

21 hours of community service, as determined by the court,

22 shall be imposed for a second violation of subsection (c)

23 of Section 6-303 of the Illinois Vehicle Code.

24 (4.4) Except as provided in paragraphs (4.5), (4.6),

25 and (4.9) of this subsection (c), a minimum term of

26 imprisonment of 30 days or 300 hours of community service,

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1 as determined by the court, shall be imposed for a third or

2 subsequent violation of Section 6-303 of the Illinois

3 Vehicle Code.

4 (4.5) A minimum term of imprisonment of 30 days shall

5 be imposed for a third violation of subsection (c) of

6 Section 6-303 of the Illinois Vehicle Code.

7 (4.6) Except as provided in paragraph (4.10) of this

8 subsection (c), a minimum term of imprisonment of 180 days

9 shall be imposed for a fourth or subsequent violation of

10 subsection (c) of Section 6-303 of the Illinois Vehicle

11 Code.

12 (4.7) A minimum term of imprisonment of not less than

13 30 consecutive days, or 300 hours of community service,

14 shall be imposed for a violation of subsection (a-5) of

15 Section 6-303 of the Illinois Vehicle Code, as provided in

16 subsection (b-5) of that Section.

17 (4.8) A mandatory prison sentence shall be imposed for

18 a second violation of subsection (a-5) of Section 6-303 of

19 the Illinois Vehicle Code, as provided in subsection (c-5)

20 of that Section. The person's driving privileges shall be

21 revoked for a period of not less than 5 years from the date

22 of his or her release from prison.

23 (4.9) A mandatory prison sentence of not less than 4

24 and not more than 15 years shall be imposed for a third

25 violation of subsection (a-5) of Section 6-303 of the

26 Illinois Vehicle Code, as provided in subsection (d-2.5) of

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1 that Section. The person's driving privileges shall be

2 revoked for the remainder of his or her life.

3 (4.10) A mandatory prison sentence for a Class 1 felony

4 shall be imposed, and the person shall be eligible for an

5 extended term sentence, for a fourth or subsequent

6 violation of subsection (a-5) of Section 6-303 of the

7 Illinois Vehicle Code, as provided in subsection (d-3.5) of

8 that Section. The person's driving privileges shall be

9 revoked for the remainder of his or her life.

10 (5) The court may sentence a corporation or

11 unincorporated association convicted of any offense to:

12 (A) a period of conditional discharge;

13 (B) a fine;

14 (C) make restitution to the victim under Section

15 5-5-6 of this Code.

16 (5.1) In addition to any other penalties imposed, and

17 except as provided in paragraph (5.2) or (5.3), a person

18 convicted of violating subsection (c) of Section 11-907 of

19 the Illinois Vehicle Code shall have his or her driver's

20 license, permit, or privileges suspended for at least 90

21 days but not more than one year, if the violation resulted

22 in damage to the property of another person.

23 (5.2) In addition to any other penalties imposed, and

24 except as provided in paragraph (5.3), a person convicted

25 of violating subsection (c) of Section 11-907 of the

26 Illinois Vehicle Code shall have his or her driver's

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1 license, permit, or privileges suspended for at least 180

2 days but not more than 2 years, if the violation resulted

3 in injury to another person.

4 (5.3) In addition to any other penalties imposed, a

5 person convicted of violating subsection (c) of Section

6 11-907 of the Illinois Vehicle Code shall have his or her

7 driver's license, permit, or privileges suspended for 2

8 years, if the violation resulted in the death of another

9 person.

10 (5.4) In addition to any other penalties imposed, a

11 person convicted of violating Section 3-707 of the Illinois

12 Vehicle Code shall have his or her driver's license,

13 permit, or privileges suspended for 3 months and until he

14 or she has paid a reinstatement fee of $100.

15 (5.5) In addition to any other penalties imposed, a

16 person convicted of violating Section 3-707 of the Illinois

17 Vehicle Code during a period in which his or her driver's

18 license, permit, or privileges were suspended for a

19 previous violation of that Section shall have his or her

20 driver's license, permit, or privileges suspended for an

21 additional 6 months after the expiration of the original

22 3-month suspension and until he or she has paid a

23 reinstatement fee of $100.

24 (6) (Blank).

25 (7) (Blank).

26 (8) (Blank).

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1 (9) A defendant convicted of a second or subsequent

2 offense of ritualized abuse of a child may be sentenced to

3 a term of natural life imprisonment.

4 (10) (Blank).

5 (11) The court shall impose a minimum fine of $1,000

6 for a first offense and $2,000 for a second or subsequent

7 offense upon a person convicted of or placed on supervision

8 for battery when the individual harmed was a sports

9 official or coach at any level of competition and the act

10 causing harm to the sports official or coach occurred

11 within an athletic facility or within the immediate

12 vicinity of the athletic facility at which the sports

13 official or coach was an active participant of the athletic

14 contest held at the athletic facility. For the purposes of

15 this paragraph (11), "sports official" means a person at an

16 athletic contest who enforces the rules of the contest,

17 such as an umpire or referee; "athletic facility" means an

18 indoor or outdoor playing field or recreational area where

19 sports activities are conducted; and "coach" means a person

20 recognized as a coach by the sanctioning authority that

21 conducted the sporting event.

22 (12) A person may not receive a disposition of court

23 supervision for a violation of Section 5-16 of the Boat

24 Registration and Safety Act if that person has previously

25 received a disposition of court supervision for a violation

26 of that Section.

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1 (13) A person convicted of or placed on court

2 supervision for an assault or aggravated assault when the

3 victim and the offender are family or household members as

4 defined in Section 103 of the Illinois Domestic Violence

5 Act of 1986 or convicted of domestic battery or aggravated

6 domestic battery may be required to attend a Partner Abuse

7 Intervention Program under protocols set forth by the

8 Illinois Department of Human Services under such terms and

9 conditions imposed by the court. The costs of such classes

10 shall be paid by the offender.

11 (d) In any case in which a sentence originally imposed is

12 vacated, the case shall be remanded to the trial court. The

13 trial court shall hold a hearing under Section 5-4-1 of the

14 Unified Code of Corrections which may include evidence of the

15 defendant's life, moral character and occupation during the

16 time since the original sentence was passed. The trial court

17 shall then impose sentence upon the defendant. The trial court

18 may impose any sentence which could have been imposed at the

19 original trial subject to Section 5-5-4 of the Unified Code of

20 Corrections. If a sentence is vacated on appeal or on

21 collateral attack due to the failure of the trier of fact at

22 trial to determine beyond a reasonable doubt the existence of a

23 fact (other than a prior conviction) necessary to increase the

24 punishment for the offense beyond the statutory maximum

25 otherwise applicable, either the defendant may be re-sentenced

26 to a term within the range otherwise provided or, if the State

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1 files notice of its intention to again seek the extended

2 sentence, the defendant shall be afforded a new trial.

3 (e) In cases where prosecution for aggravated criminal

4 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

5 Code of 1961 or the Criminal Code of 2012 results in conviction

6 of a defendant who was a family member of the victim at the

7 time of the commission of the offense, the court shall consider

8 the safety and welfare of the victim and may impose a sentence

9 of probation only where:

10 (1) the court finds (A) or (B) or both are appropriate:

11 (A) the defendant is willing to undergo a court

12 approved counseling program for a minimum duration of 2

13 years; or

14 (B) the defendant is willing to participate in a

15 court approved plan including but not limited to the

16 defendant's:

17 (i) removal from the household;

18 (ii) restricted contact with the victim;

19 (iii) continued financial support of the

20 family;

21 (iv) restitution for harm done to the victim;

22 and

23 (v) compliance with any other measures that

24 the court may deem appropriate; and

25 (2) the court orders the defendant to pay for the

26 victim's counseling services, to the extent that the court

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1 finds, after considering the defendant's income and

2 assets, that the defendant is financially capable of paying

3 for such services, if the victim was under 18 years of age

4 at the time the offense was committed and requires

5 counseling as a result of the offense.

6 Probation may be revoked or modified pursuant to Section

7 5-6-4; except where the court determines at the hearing that

8 the defendant violated a condition of his or her probation

9 restricting contact with the victim or other family members or

10 commits another offense with the victim or other family

11 members, the court shall revoke the defendant's probation and

12 impose a term of imprisonment.

13 For the purposes of this Section, "family member" and

14 "victim" shall have the meanings ascribed to them in Section

15 11-0.1 of the Criminal Code of 2012.

16 (f) (Blank).

17 (g) Whenever a defendant is convicted of an offense under

18 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

19 11-14.3, 11-14.4 except for an offense that involves keeping a

20 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

21 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

22 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

23 Criminal Code of 2012, the defendant shall undergo medical

24 testing to determine whether the defendant has any sexually

25 transmissible disease, including a test for infection with

26 human immunodeficiency virus (HIV) or any other identified

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1 causative agent of acquired immunodeficiency syndrome (AIDS).

2 Any such medical test shall be performed only by appropriately

3 licensed medical practitioners and may include an analysis of

4 any bodily fluids as well as an examination of the defendant's

5 person. Except as otherwise provided by law, the results of

6 such test shall be kept strictly confidential by all medical

7 personnel involved in the testing and must be personally

8 delivered in a sealed envelope to the judge of the court in

9 which the conviction was entered for the judge's inspection in

10 camera. Acting in accordance with the best interests of the

11 victim and the public, the judge shall have the discretion to

12 determine to whom, if anyone, the results of the testing may be

13 revealed. The court shall notify the defendant of the test

14 results. The court shall also notify the victim if requested by

15 the victim, and if the victim is under the age of 15 and if

16 requested by the victim's parents or legal guardian, the court

17 shall notify the victim's parents or legal guardian of the test

18 results. The court shall provide information on the

19 availability of HIV testing and counseling at Department of

20 Public Health facilities to all parties to whom the results of

21 the testing are revealed and shall direct the State's Attorney

22 to provide the information to the victim when possible. A

23 State's Attorney may petition the court to obtain the results

24 of any HIV test administered under this Section, and the court

25 shall grant the disclosure if the State's Attorney shows it is

26 relevant in order to prosecute a charge of criminal

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1 transmission of HIV under Section 12-5.01 or 12-16.2 of the

2 Criminal Code of 1961 or the Criminal Code of 2012 against the

3 defendant. The court shall order that the cost of any such test

4 shall be paid by the county and may be taxed as costs against

5 the convicted defendant.

6 (g-5) When an inmate is tested for an airborne communicable

7 disease, as determined by the Illinois Department of Public

8 Health including but not limited to tuberculosis, the results

9 of the test shall be personally delivered by the warden or his

10 or her designee in a sealed envelope to the judge of the court

11 in which the inmate must appear for the judge's inspection in

12 camera if requested by the judge. Acting in accordance with the

13 best interests of those in the courtroom, the judge shall have

14 the discretion to determine what if any precautions need to be

15 taken to prevent transmission of the disease in the courtroom.

16 (h) Whenever a defendant is convicted of an offense under

17 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

18 defendant shall undergo medical testing to determine whether

19 the defendant has been exposed to human immunodeficiency virus

20 (HIV) or any other identified causative agent of acquired

21 immunodeficiency syndrome (AIDS). Except as otherwise provided

22 by law, the results of such test shall be kept strictly

23 confidential by all medical personnel involved in the testing

24 and must be personally delivered in a sealed envelope to the

25 judge of the court in which the conviction was entered for the

26 judge's inspection in camera. Acting in accordance with the

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1 best interests of the public, the judge shall have the

2 discretion to determine to whom, if anyone, the results of the

3 testing may be revealed. The court shall notify the defendant

4 of a positive test showing an infection with the human

5 immunodeficiency virus (HIV). The court shall provide

6 information on the availability of HIV testing and counseling

7 at Department of Public Health facilities to all parties to

8 whom the results of the testing are revealed and shall direct

9 the State's Attorney to provide the information to the victim

10 when possible. A State's Attorney may petition the court to

11 obtain the results of any HIV test administered under this

12 Section, and the court shall grant the disclosure if the

13 State's Attorney shows it is relevant in order to prosecute a

14 charge of criminal transmission of HIV under Section 12-5.01 or

15 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

16 2012 against the defendant. The court shall order that the cost

17 of any such test shall be paid by the county and may be taxed as

18 costs against the convicted defendant.

19 (i) All fines and penalties imposed under this Section for

20 any violation of Chapters 3, 4, 6, and 11 of the Illinois

21 Vehicle Code, or a similar provision of a local ordinance, and

22 any violation of the Child Passenger Protection Act, or a

23 similar provision of a local ordinance, shall be collected and

24 disbursed by the circuit clerk as provided under Section 27.5

25 of the Clerks of Courts Act.

26 (j) In cases when prosecution for any violation of Section

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1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

2 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

3 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

4 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

5 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

6 Code of 2012, any violation of the Illinois Controlled

7 Substances Act, any violation of the Cannabis Control Act, or

8 any violation of the Methamphetamine Control and Community

9 Protection Act results in conviction, a disposition of court

10 supervision, or an order of probation granted under Section 10

11 of the Cannabis Control Act, Section 410 of the Illinois

12 Controlled Substance Act, or Section 70 of the Methamphetamine

13 Control and Community Protection Act of a defendant, the court

14 shall determine whether the defendant is employed by a facility

15 or center as defined under the Child Care Act of 1969, a public

16 or private elementary or secondary school, or otherwise works

17 with children under 18 years of age on a daily basis. When a

18 defendant is so employed, the court shall order the Clerk of

19 the Court to send a copy of the judgment of conviction or order

20 of supervision or probation to the defendant's employer by

21 certified mail. If the employer of the defendant is a school,

22 the Clerk of the Court shall direct the mailing of a copy of

23 the judgment of conviction or order of supervision or probation

24 to the appropriate regional superintendent of schools. The

25 regional superintendent of schools shall notify the State Board

26 of Education of any notification under this subsection.

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1 (j-5) A defendant at least 17 years of age who is convicted

2 of a felony and who has not been previously convicted of a

3 misdemeanor or felony and who is sentenced to a term of

4 imprisonment in the Illinois Department of Corrections shall as

5 a condition of his or her sentence be required by the court to

6 attend educational courses designed to prepare the defendant

7 for a high school diploma and to work toward a high school

8 diploma or to work toward passing the high school level Test of

9 General Educational Development (GED) or to work toward

10 completing a vocational training program offered by the

11 Department of Corrections. If a defendant fails to complete the

12 educational training required by his or her sentence during the

13 term of incarceration, the Prisoner Review Board shall, as a

14 condition of mandatory supervised release, require the

15 defendant, at his or her own expense, to pursue a course of

16 study toward a high school diploma or passage of the GED test.

17 The Prisoner Review Board shall revoke the mandatory supervised

18 release of a defendant who wilfully fails to comply with this

19 subsection (j-5) upon his or her release from confinement in a

20 penal institution while serving a mandatory supervised release

21 term; however, the inability of the defendant after making a

22 good faith effort to obtain financial aid or pay for the

23 educational training shall not be deemed a wilful failure to

24 comply. The Prisoner Review Board shall recommit the defendant

25 whose mandatory supervised release term has been revoked under

26 this subsection (j-5) as provided in Section 3-3-9. This

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1 subsection (j-5) does not apply to a defendant who has a high

2 school diploma or has successfully passed the GED test. This

3 subsection (j-5) does not apply to a defendant who is

4 determined by the court to be developmentally disabled or

5 otherwise mentally incapable of completing the educational or

6 vocational program.

7 (k) (Blank).

8 (l) (A) Except as provided in paragraph (C) of subsection

9 (l), whenever a defendant, who is an alien as defined by

10 the Immigration and Nationality Act, is convicted of any

11 felony or misdemeanor offense, the court after sentencing

12 the defendant may, upon motion of the State's Attorney,

13 hold sentence in abeyance and remand the defendant to the

14 custody of the Attorney General of the United States or his

15 or her designated agent to be deported when:

16 (1) a final order of deportation has been issued

17 against the defendant pursuant to proceedings under

18 the Immigration and Nationality Act, and

19 (2) the deportation of the defendant would not

20 deprecate the seriousness of the defendant's conduct

21 and would not be inconsistent with the ends of justice.

22 Otherwise, the defendant shall be sentenced as

23 provided in this Chapter V.

24 (B) If the defendant has already been sentenced for a

25 felony or misdemeanor offense, or has been placed on

26 probation under Section 10 of the Cannabis Control Act,

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1 Section 410 of the Illinois Controlled Substances Act, or

2 Section 70 of the Methamphetamine Control and Community

3 Protection Act, the court may, upon motion of the State's

4 Attorney to suspend the sentence imposed, commit the

5 defendant to the custody of the Attorney General of the

6 United States or his or her designated agent when:

7 (1) a final order of deportation has been issued

8 against the defendant pursuant to proceedings under

9 the Immigration and Nationality Act, and

10 (2) the deportation of the defendant would not

11 deprecate the seriousness of the defendant's conduct

12 and would not be inconsistent with the ends of justice.

13 (C) This subsection (l) does not apply to offenders who

14 are subject to the provisions of paragraph (2) of

15 subsection (a) of Section 3-6-3.

16 (D) Upon motion of the State's Attorney, if a defendant

17 sentenced under this Section returns to the jurisdiction of

18 the United States, the defendant shall be recommitted to

19 the custody of the county from which he or she was

20 sentenced. Thereafter, the defendant shall be brought

21 before the sentencing court, which may impose any sentence

22 that was available under Section 5-5-3 at the time of

23 initial sentencing. In addition, the defendant shall not be

24 eligible for additional sentence credit for good conduct as

25 provided under Section 3-6-3.

26 (m) A person convicted of criminal defacement of property

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1 under Section 21-1.3 of the Criminal Code of 1961 or the

2 Criminal Code of 2012, in which the property damage exceeds

3 $300 and the property damaged is a school building, shall be

4 ordered to perform community service that may include cleanup,

5 removal, or painting over the defacement.

6 (n) The court may sentence a person convicted of a

7 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

8 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

9 of 1961 or the Criminal Code of 2012 (i) to an impact

10 incarceration program if the person is otherwise eligible for

11 that program under Section 5-8-1.1, (ii) to community service,

12 or (iii) if the person is an addict or alcoholic, as defined in

13 the Alcoholism and Other Drug Abuse and Dependency Act, to a

14 substance or alcohol abuse program licensed under that Act.

15 (o) Whenever a person is convicted of a sex offense as

16 defined in Section 2 of the Sex Offender Registration Act, the

17 defendant's driver's license or permit shall be subject to

18 renewal on an annual basis in accordance with the provisions of

19 license renewal established by the Secretary of State.

20 (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;

21 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article

22 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,

23 eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;

24 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.

25 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

26 eff. 1-25-13.)

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1 Section 15. The Drug Dealer Liability Act is amended by

2 changing Section 15 as follows:

3 (740 ILCS 57/15)

4 Sec. 15. Definitions. As used in this Act:

5 "Illegal drug" means a drug whose distribution is a

6 violation of State law.

7 "Illegal drug market" means the support system of illegal

8 drug related operations, from production to retail sales,

9 through which an illegal drug reaches the user.

10 "Illegal drug market target community" is the area

11 described under Section 40.

12 "Individual drug user" means the individual whose illegal

13 drug use is the basis of an action brought under this Act.

14 "Level 1 offense" means possession of one-fourth ounce or

15 more, but less than 4 ounces, or distribution of less than one

16 ounce of a specified illegal drug, or possession of one pound

17 or 25 plants or more, but less than 4 pounds or 50 plants, or

18 distribution of less than one pound of marijuana.

19 "Level 2 offense" means possession of 4 ounces or more, but

20 less than 8 ounces, or distribution of one ounce or more, but

21 less than 2 ounces, of a specified illegal drug, or possession

22 of 4 pounds or more or 50 plants or more, but less than 8 pounds

23 or 75 plants, or distribution of more than one pound, but less

24 than 5 pounds, of marijuana.

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1 "Level 3 offense" means possession of 8 ounces or more, but

2 less than 16 ounces, or distribution of 2 ounces or more, but

3 less than 4 ounces, of a specified illegal drug or possession

4 of 8 pounds or more or 75 plants or more, but less than 16

5 pounds or 100 plants, or distribution of more than 5 pounds,

6 but less than 10 pounds, of marijuana.

7 "Level 4 offense" means possession of 16 ounces or more or

8 distribution of 4 ounces or more of a specified illegal drug or

9 possession of 16 pounds or more or 100 plants or more or

10 distribution of 10 pounds or more of marijuana.

11 "Participate in the illegal drug market" means to

12 distribute, possess with an intent to distribute, commit an act

13 intended to facilitate the marketing or distribution of, or

14 agree to distribute, possess with an intent to distribute, or

15 commit an act intended to facilitate the marketing and

16 distribution of an illegal drug. "Participate in the illegal

17 drug market" does not include the purchase or receipt of an

18 illegal drug for personal use only.

19 "Person" means an individual, governmental entity,

20 corporation, firm, trust, partnership, or incorporated or

21 unincorporated association, existing under or authorized by

22 the laws of this State, another state, or a foreign country.

23 "Period of illegal drug use" means, in relation to the

24 individual drug user, the time of the individual's first use of

25 an illegal drug to the accrual of the cause of action. The

26 period of illegal drug use is presumed to commence 2 years

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1 before the cause of action accrues unless the defendant proves

2 otherwise by clear and convincing evidence.

3 "Place of illegal drug activity" means, in relation to the

4 individual drug user, each Illinois Representative District in

5 which the individual possesses or uses an illegal drug or in

6 which the individual resides, attends school, or is employed

7 during the period of the individual's illegal drug use, unless

8 the defendant proves otherwise by clear and convincing

9 evidence.

10 "Place of participation" means, in relation to a defendant

11 in an action brought under this Act, each Illinois

12 Representative District in which the person participates in the

13 illegal drug market or in which the person resides, attends

14 school, or is employed during the period of the person's

15 participation in the illegal drug market.

16 "Specified illegal drug" means cocaine, heroin,

17 desomorphine,or methamphetamine and any other drug the

18 distribution of which is a violation of State law.

19 (Source: P.A. 89-293, eff. 1-1-96.)

20 Section 99. Effective date. This Act takes effect upon

21 becoming law.