|
| | 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.
| |
| | |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB5531 | | LRB098 14552 RLC 49325 b |
|
|
| 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, |
|
| | HB5531 | - 2 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 3 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 4 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 5 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 6 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 7 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 8 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 9 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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; |
|
| | HB5531 | - 10 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 11 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 12 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 13 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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;
|
|
| | HB5531 | - 14 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 15 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 16 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 17 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 18 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 19 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 20 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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), |
|
| | HB5531 | - 21 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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), |
|
| | HB5531 | - 22 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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;
|
|
| | HB5531 | - 23 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.)
|
|
| | HB5531 | - 24 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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. |
|
| | HB5531 | - 25 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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; |
|
| | HB5531 | - 26 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.)
|
|
| | HB5531 | - 27 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 28 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.
|
|
| | HB5531 | - 29 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 30 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 31 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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. |
|
| | HB5531 | - 32 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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, |
|
| | HB5531 | - 33 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 34 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 35 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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).
|
|
| | HB5531 | - 36 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.
|
|
| | HB5531 | - 37 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 38 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 39 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 40 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 41 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 42 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 43 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.
|
|
| | HB5531 | - 44 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 45 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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,
|
|
| | HB5531 | - 46 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 47 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.)
|
|
| | HB5531 | - 48 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.
|
|
| | HB5531 | - 49 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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 |
|
| | HB5531 | - 50 - | LRB098 14552 RLC 49325 b |
|
|
|
| 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.
|