093_HB1175eng

 
HB1175 Engrossed                     LRB093 06258 RLC 06370 b

 1        AN ACT in relation to 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 adding Section 411.3 as follows:

 6        (720 ILCS 570/411.3 new)
 7        Sec.   411.3.  Methamphetamine   manufacturing    cleanup
 8    restitution.  In  addition  to  any  other  fine  or  penalty
 9    required  by  law, any individual convicted of a violation of
10    clause (6.5) or (6.6) of subsection  (a),  subsection  (c-5),
11    (d)  (iii),  or (d-5) of Section 401 and the offense involves
12    the manufacture of methamphetamine or  the  possession  of  a
13    methamphetamine   manufacturing   chemical   as   defined  in
14    paragraph (z-1) of  Section  102  and  whose  manufacture  of
15    methamphetamine  or  whose  possession  of  a methamphetamine
16    manufacturing  chemical  proximately   caused   an   incident
17    resulting  in  an  appropriate  emergency  response, shall be
18    required to make restitution to a public agency for the costs
19    of that emergency response. The restitution  may  not  exceed
20    $5,000 per public agency for each such emergency response. In
21    this   Section,   "emergency  response"  means  any  incident
22    resulting from the manufacture of methamphetamine requiring a
23    response by: (1) a peace officer as defined in  Section  2-13
24    of  the  Criminal  Code of 1961; (2) a fireman carried on the
25    rolls of a regularly constituted fire department; or  (3)  an
26    ambulance  as  defined  under  Section  3.85 of the Emergency
27    Medical Services (EMS) Systems Act  to  the  site  where  the
28    methamphetamine was manufactured.