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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4123
Introduced 1/15/2004, by Sidney H. Mathias SYNOPSIS AS INTRODUCED:
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Amends the Illinois Controlled Substances Act. Creates the offense of use of
a child to commit a controlled substance offense. Provides that a person
commits the offense when he or she is 17 years of age or over and
commits a felony delivery or felony attempted delivery of a controlled
substance in violation of the Act and, as part of that criminal transaction,
knowingly uses a child under 17 years of age to effectuate the felony delivery
or felony
attempted delivery of the controlled substance. Provides that the penalty is a
Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4123 |
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LRB093 16682 RLC 42333 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is |
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| amended by adding
Section 407.3 as follows:
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| (720 ILCS 570/407.3 new)
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| Sec. 407.3. Use of a child to commit a controlled substance |
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| offense.
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| (a) In this Section:
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| "Child" means a person less than 17 years of age.
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| "Uses a child to effectuate the felony delivery or felony |
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| attempted delivery
of the
controlled substance" means conduct |
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| by which the defendant: (1) conceals
the controlled substance |
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| on or about the body or person of the child for the
purpose of |
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| effectuating the criminal delivery or attempted delivery of the
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| controlled
substance to a third person; or (2) directs, forces |
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| or otherwise requires the
child to deliver or attempt to |
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| deliver or offer direct assistance to the
defendant in
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| delivering or attempting to deliver the controlled substance to |
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| a third person.
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| (b) A person commits the offense of use of a child to |
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| commit a
controlled substance offense when he or she is 17 |
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| years of age or over and
commits a felony delivery or felony |
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| attempted delivery of a controlled
substance in violation of |
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| this Act and, as part of that criminal transaction,
knowingly |
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| uses a child to effectuate the felony delivery or felony
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| attempted delivery of the controlled substance.
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| (c) Sentence. Use of a child to commit a controlled |
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| substance offense is a
Class 4 felony.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |