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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Controlled Substances Act is | ||||||||||||||||||||||||||||
5 | amended by changing Sections 401 and 402 as follows:
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6 | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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7 | Sec. 401. Except as authorized by this Act, it is unlawful | ||||||||||||||||||||||||||||
8 | for any
person knowingly to: (i) manufacture or deliver, or | ||||||||||||||||||||||||||||
9 | possess with intent to
manufacture or deliver, a controlled or | ||||||||||||||||||||||||||||
10 | counterfeit substance or controlled
substance analog or (ii) | ||||||||||||||||||||||||||||
11 | possess any methamphetamine manufacturing chemical
listed in | ||||||||||||||||||||||||||||
12 | paragraph (z-1) of Section 102 with the intent to manufacture
| ||||||||||||||||||||||||||||
13 | methamphetamine or the salt of an optical isomer of | ||||||||||||||||||||||||||||
14 | methamphetamine or an
analog thereof. A violation of this Act | ||||||||||||||||||||||||||||
15 | with respect to each of the controlled
substances listed herein | ||||||||||||||||||||||||||||
16 | constitutes a single and separate violation of this
Act. For | ||||||||||||||||||||||||||||
17 | purposes of this Section, "controlled substance analog" or | ||||||||||||||||||||||||||||
18 | "analog"
means a substance
which is intended for human | ||||||||||||||||||||||||||||
19 | consumption, other than a controlled substance,
that has a | ||||||||||||||||||||||||||||
20 | chemical structure substantially similar to that of a | ||||||||||||||||||||||||||||
21 | controlled
substance in Schedule I or II, or that was | ||||||||||||||||||||||||||||
22 | specifically designed to produce
an effect substantially | ||||||||||||||||||||||||||||
23 | similar to that of a controlled substance in Schedule
I or II. | ||||||||||||||||||||||||||||
24 | Examples of chemical classes in which controlled substance | ||||||||||||||||||||||||||||
25 | analogs
are found include, but are not limited to, the | ||||||||||||||||||||||||||||
26 | following: phenethylamines,
N-substituted piperidines, | ||||||||||||||||||||||||||||
27 | morphinans, ecgonines, quinazolinones, substituted
indoles, | ||||||||||||||||||||||||||||
28 | and arylcycloalkylamines. For purposes of this Act, a | ||||||||||||||||||||||||||||
29 | controlled
substance analog shall be treated in the same manner | ||||||||||||||||||||||||||||
30 | as the controlled
substance to which it is substantially | ||||||||||||||||||||||||||||
31 | similar.
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32 | (a) Any person who violates this Section with respect to |
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1 | the following
amounts of controlled or counterfeit substances | ||||||
2 | or controlled substance
analogs, notwithstanding any of the | ||||||
3 | provisions of subsections (c), (c-5),
(d), (d-5), (e), (f), (g) | ||||||
4 | or (h) to the contrary, is guilty of a Class X felony
and shall | ||||||
5 | be sentenced to a term of imprisonment as provided in this | ||||||
6 | subsection
(a) and fined as provided in subsection (b):
| ||||||
7 | (1) (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
heroin, 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 heroin, 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 heroin,
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 heroin, or an analog thereof;
| ||||||
22 | (2) (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
cocaine, or an | ||||||
25 | analog thereof;
| ||||||
26 | (B) not less than 9 years and not more than 40 | ||||||
27 | years with respect to 100
grams or more but less than | ||||||
28 | 400 grams of a substance containing cocaine, or
an | ||||||
29 | analog thereof;
| ||||||
30 | (C) not less than 12 years and not more than 50 | ||||||
31 | years with respect to
400 grams or more but less than | ||||||
32 | 900 grams of a substance containing cocaine,
or an | ||||||
33 | analog thereof;
| ||||||
34 | (D) not less than 15 years and not more than 60 | ||||||
35 | years with respect to
900 grams or more of any | ||||||
36 | substance containing cocaine, or an analog thereof;
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1 | (3) (A) not less than 6 years and not more than 30 | ||||||
2 | years with respect
to 15 grams or more but less than | ||||||
3 | 100 grams of a substance containing
morphine, or an | ||||||
4 | analog thereof;
| ||||||
5 | (B) not less than 9 years and not more than 40 | ||||||
6 | years with respect to
100 grams or more but less than | ||||||
7 | 400 grams of a substance containing morphine,
or an | ||||||
8 | analog thereof;
| ||||||
9 | (C) not less than 12 years and not more than 50 | ||||||
10 | years with respect to
400 grams or more but less than | ||||||
11 | 900 grams of a substance containing
morphine, or an | ||||||
12 | analog thereof;
| ||||||
13 | (D) not less than 15 years and not more than 60 | ||||||
14 | years with respect to
900 grams or more of a substance | ||||||
15 | containing morphine, or an analog thereof;
| ||||||
16 | (4) 200 grams or more of any substance containing | ||||||
17 | peyote, or an
analog thereof;
| ||||||
18 | (5) 200 grams or more of any substance containing a | ||||||
19 | derivative of
barbituric acid or any of the salts of a | ||||||
20 | derivative of barbituric acid, or
an analog thereof;
| ||||||
21 | (6) 200 grams or more of any substance containing | ||||||
22 | amphetamine
or any salt of an optical isomer of | ||||||
23 | amphetamine,
or an analog thereof;
| ||||||
24 | (6.5) (A) not less than 6 years and not more than 30 | ||||||
25 | years with respect
to 15 grams or more but less than | ||||||
26 | 100 grams
of a substance containing methamphetamine or | ||||||
27 | any salt of an
optical isomer of methamphetamine, or an | ||||||
28 | analog thereof;
| ||||||
29 | (B) not less than 9 years and not more than 40 | ||||||
30 | years with respect to 100
grams or more but less than | ||||||
31 | 400 grams of a substance containing methamphetamine
or | ||||||
32 | any salt of an optical isomer of methamphetamine, or an | ||||||
33 | analog thereof;
| ||||||
34 | (C) not less than 12 years and not more than 50 | ||||||
35 | years with respect
to 400 grams or more but less than | ||||||
36 | 900 grams of a substance containing
methamphetamine or |
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1 | any salt of an optical isomer of methamphetamine, or
an | ||||||
2 | analog thereof;
| ||||||
3 | (D) not less than 15 years and not more than 60 | ||||||
4 | years with respect to
900 grams or more of any | ||||||
5 | substance containing methamphetamine or any salt
of an | ||||||
6 | optical isomer of methamphetamine, or an analog | ||||||
7 | thereof.
| ||||||
8 | (6.6) (A) not less than 6 years and not more than 30 | ||||||
9 | years for the
possession of any methamphetamine | ||||||
10 | manufacturing chemical set forth in
paragraph (z-1) of | ||||||
11 | Section 102 with intent to manufacture 30 grams or more
| ||||||
12 | but less than 150 grams of any substance containing | ||||||
13 | methamphetamine, or salt
of any optical isomer of | ||||||
14 | methamphetamine, or an analog thereof;
| ||||||
15 | (B) not less than 6 years and not more than 40 | ||||||
16 | years for the possession
of any methamphetamine | ||||||
17 | manufacturing chemical set forth in paragraph (z-1) of
| ||||||
18 | Section 102 with intent to manufacture 150 grams or | ||||||
19 | more but less than 500
grams of any substance | ||||||
20 | containing methamphetamine, or salt of an optical | ||||||
21 | isomer
of methamphetamine, or an analog thereof;
| ||||||
22 | (C) not less than 6 years and not more than 50 | ||||||
23 | years for the possession
of any methamphetamine | ||||||
24 | manufacturing chemical set forth in paragraph (z-1) of
| ||||||
25 | Section 102 with intent to manufacture 500 grams or | ||||||
26 | more but less than 1200
grams of any substance | ||||||
27 | containing methamphetamine, or salt of an optical | ||||||
28 | isomer
of methamphetamine, or an analog thereof;
| ||||||
29 | (D) not less than 6 years and not more than 60 | ||||||
30 | years for the possession
of any methamphetamine | ||||||
31 | manufacturing chemical set forth in paragraph (z-1) of
| ||||||
32 | Section 102 with intent to manufacture 1200 grams or | ||||||
33 | more of any substance
containing methamphetamine, or | ||||||
34 | salt of an optical isomer of methamphetamine,
or an | ||||||
35 | analog thereof;
| ||||||
36 | (7) (A) not less than 6 years and not more than 30 |
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1 | years with respect
to: (i) 15 grams or more but less | ||||||
2 | than 100 grams of a substance containing
lysergic acid | ||||||
3 | diethylamide (LSD), or an analog thereof, or (ii) 15 or
| ||||||
4 | more objects or 15 or more segregated parts of an | ||||||
5 | object or objects but
less than 200 objects or 200 | ||||||
6 | segregated parts of an object or objects
containing in | ||||||
7 | them or having upon them any amounts of any substance
| ||||||
8 | containing lysergic acid diethylamide (LSD), or an | ||||||
9 | analog thereof;
| ||||||
10 | (B) not less than 9 years and not more than 40 | ||||||
11 | years with respect
to: (i) 100 grams or more but less | ||||||
12 | than 400 grams of a substance containing
lysergic acid | ||||||
13 | diethylamide (LSD), or an analog thereof, or (ii) 200 | ||||||
14 | or more
objects or 200 or more segregated parts of an | ||||||
15 | object or objects but less
than 600 objects or less | ||||||
16 | than 600 segregated parts of an object or objects
| ||||||
17 | containing in them or having upon them any amount of | ||||||
18 | any substance
containing lysergic acid diethylamide | ||||||
19 | (LSD), or an analog thereof;
| ||||||
20 | (C) not less than 12 years and not more than 50 | ||||||
21 | years with respect
to: (i) 400 grams or more but less | ||||||
22 | than 900 grams of a substance containing
lysergic acid | ||||||
23 | diethylamide (LSD), or an analog thereof, or (ii) 600 | ||||||
24 | or more
objects or 600 or more segregated parts of an | ||||||
25 | object or objects but less
than 1500 objects or 1500 | ||||||
26 | segregated parts of an object or objects
containing in | ||||||
27 | them or having upon them any amount of any substance
| ||||||
28 | containing lysergic acid diethylamide (LSD), or an | ||||||
29 | analog thereof;
| ||||||
30 | (D) not less than 15 years and not more than 60 | ||||||
31 | years with respect
to: (i) 900 grams or more of any | ||||||
32 | substance containing lysergic acid
diethylamide (LSD), | ||||||
33 | or an analog thereof, or (ii) 1500 or more objects or
| ||||||
34 | 1500 or more segregated parts of an object or objects | ||||||
35 | containing in them or
having upon them any amount of a | ||||||
36 | substance containing lysergic acid
diethylamide (LSD), |
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1 | or an analog thereof;
| ||||||
2 | (7.5) (A) not less than 6 years and not more than 30 | ||||||
3 | years with respect
to:
(i) 15
grams or more but less | ||||||
4 | than 100 grams of a substance listed in paragraph (1),
| ||||||
5 | (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | ||||||
6 | (25), or (26) of subsection
(d) of Section 204, or an | ||||||
7 | analog or derivative thereof, or (ii) 15 or more
pills, | ||||||
8 | tablets, caplets, capsules, or objects but less than | ||||||
9 | 200 pills, tablets,
caplets, capsules, or objects | ||||||
10 | containing in them or having upon them any
amounts of | ||||||
11 | any substance listed in paragraph (1), (2), (2.1), (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 | (B) not less than 9 years and not more than 40 | ||||||
16 | years with respect to:
(i) 100 grams or more but less | ||||||
17 | than 400 grams of a substance listed in
paragraph (1), | ||||||
18 | (2), (2.1), (3), (14.1), (19), (20),
(20.1), (21), | ||||||
19 | (25), or (26) of subsection (d) of Section 204, or an | ||||||
20 | analog or
derivative thereof, or (ii) 200 or more | ||||||
21 | pills, tablets, caplets, capsules, or
objects but less | ||||||
22 | than 600 pills, tablets, caplets, capsules, or objects
| ||||||
23 | containing in them or having upon them any amount of | ||||||
24 | any substance listed in
paragraph (1), (2), (2.1), (3), | ||||||
25 | (14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||||||
26 | subsection (d) of Section 204, or an analog or | ||||||
27 | derivative thereof;
| ||||||
28 | (C) not less than 12 years and not more than 50 | ||||||
29 | years with respect to:
(i) 400 grams or more but less | ||||||
30 | than 900 grams of a substance listed in
paragraph (1), | ||||||
31 | (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | ||||||
32 | (25), or (26)
of subsection (d) of Section 204, or an | ||||||
33 | analog or derivative thereof,
or (ii) 600 or more | ||||||
34 | pills, tablets, caplets, capsules, or objects but less | ||||||
35 | than
1,500 pills, tablets, caplets, capsules, or | ||||||
36 | objects
containing in them or having upon them any |
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1 | amount of any substance listed in
paragraph (1), (2), | ||||||
2 | (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or | ||||||
3 | (26)
of subsection (d) of Section 204, or an analog or | ||||||
4 | derivative thereof;
| ||||||
5 | (D) not less than 15 years and not more than 60 | ||||||
6 | years with respect to:
(i) 900 grams or more of any | ||||||
7 | substance listed in paragraph (1), (2), (2.1),
(3), | ||||||
8 | (14.1), (19), (20), (20.1), (21), (25), or (26) of | ||||||
9 | subsection (d) of
Section 204, or an analog or | ||||||
10 | derivative thereof, or (ii) 1,500 or more pills,
| ||||||
11 | tablets, caplets, capsules, or objects containing in | ||||||
12 | them or having upon them
any amount
of a substance | ||||||
13 | listed in paragraph (1), (2), (2.1), (3), (14.1), (19),
| ||||||
14 | (20), (20.1), (21), (25), or (26)
of subsection (d) of | ||||||
15 | Section 204, or an analog or derivative thereof;
| ||||||
16 | (8) 30 grams or more of any substance containing | ||||||
17 | pentazocine or any of
the salts, isomers and salts of | ||||||
18 | isomers of pentazocine, or an analog thereof;
| ||||||
19 | (9) 30 grams or more of any substance containing | ||||||
20 | methaqualone or any of
the salts, isomers and salts of | ||||||
21 | isomers of methaqualone, or an analog thereof;
| ||||||
22 | (10) 30 grams or more of any substance containing | ||||||
23 | phencyclidine or any
of the salts, isomers and salts of | ||||||
24 | isomers of phencyclidine (PCP),
or an analog thereof;
| ||||||
25 | (10.5) 30 grams or more of any substance containing | ||||||
26 | ketamine
or any of the salts, isomers and salts of isomers | ||||||
27 | of ketamine,
or an analog thereof;
| ||||||
28 | (11) 200 grams or more of any substance containing any | ||||||
29 | other controlled
substance classified in Schedules I or II, | ||||||
30 | or an analog thereof, which is
not otherwise included in | ||||||
31 | this subsection.
| ||||||
32 | (b) Any person sentenced with respect to violations of | ||||||
33 | paragraph (1),
(2), (3), (6.5), (6.6), (7), or (7.5) of | ||||||
34 | subsection (a) involving
100 grams or
more of the
controlled | ||||||
35 | substance named therein, may in addition to the penalties
| ||||||
36 | provided therein, be fined an amount not more than $500,000 or |
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1 | the full
street value of the controlled or counterfeit | ||||||
2 | substance or controlled substance
analog, whichever is | ||||||
3 | greater. The term "street value" shall have the
meaning | ||||||
4 | ascribed in Section 110-5 of the Code of Criminal Procedure of
| ||||||
5 | 1963. Any person sentenced with respect to any other provision | ||||||
6 | of
subsection (a), may in addition to the penalties provided | ||||||
7 | therein, be fined
an amount not to exceed $500,000.
| ||||||
8 | (c) Any person who violates this Section with regard to the
| ||||||
9 | following amounts of controlled or counterfeit substances
or | ||||||
10 | controlled substance analogs, notwithstanding any of the | ||||||
11 | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||||||
12 | to the
contrary, is guilty of a Class 1 felony. The fine for | ||||||
13 | violation of this
subsection (c) shall not be more than | ||||||
14 | $250,000:
| ||||||
15 | (1) 1 gram or more but less than 15 grams of any
| ||||||
16 | substance containing heroin, or an analog thereof;
| ||||||
17 | (2) 1 gram or more but less than 15
grams of any | ||||||
18 | substance containing cocaine, or an analog thereof;
| ||||||
19 | (3) 10 grams or more but less than 15 grams of any | ||||||
20 | substance
containing morphine, or an analog thereof;
| ||||||
21 | (4) 50 grams or more but less than 200 grams of any | ||||||
22 | substance
containing peyote, or an analog thereof;
| ||||||
23 | (5) 50 grams or more but less than 200 grams of any | ||||||
24 | substance
containing a derivative of barbituric acid or any | ||||||
25 | of the salts of a
derivative of barbituric acid, or an | ||||||
26 | analog thereof;
| ||||||
27 | (6) 50 grams or more but less than 200 grams of any | ||||||
28 | substance
containing amphetamine or any salt of an optical | ||||||
29 | isomer
of amphetamine, or an analog thereof;
| ||||||
30 | (6.5) 5 grams or more but less than 15 grams of any | ||||||
31 | substance containing
methamphetamine or any salt or | ||||||
32 | optical isomer of methamphetamine, or an analog
thereof;
| ||||||
33 | (7) (i) 5 grams or more but less than 15 grams of any | ||||||
34 | substance
containing lysergic acid diethylamide (LSD), or | ||||||
35 | an analog thereof,
or (ii)
more than 10 objects or more | ||||||
36 | than 10 segregated parts of an object or objects
but less |
| |||||||
|
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1 | than 15 objects or less than 15 segregated parts of an | ||||||
2 | object
containing in them or having upon them any amount of | ||||||
3 | any substance
containing lysergic acid diethylamide (LSD), | ||||||
4 | or an analog thereof;
| ||||||
5 | (7.5) (i) 5 grams or more but less than 15 grams of any | ||||||
6 | substance listed
in paragraph (1), (2), (2.1), (3), (14.1), | ||||||
7 | (19), (20), (20.1), (21), (25), or
(26) of subsection (d) | ||||||
8 | of Section 204, or an analog or derivative thereof, or
(ii) | ||||||
9 | more than 10 pills, tablets, caplets, capsules, or objects | ||||||
10 | but less than
15 pills, tablets, caplets, capsules, or | ||||||
11 | objects containing in them or having
upon them any amount | ||||||
12 | of any substance listed in paragraph (1), (2), (2.1),
(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;
| ||||||
16 | (8) 10 grams or more but less than 30 grams of any | ||||||
17 | substance
containing pentazocine or any of the salts, | ||||||
18 | isomers and salts of isomers of
pentazocine, or an analog | ||||||
19 | thereof;
| ||||||
20 | (9) 10 grams or more but less than 30 grams of any | ||||||
21 | substance
containing methaqualone or any of the salts, | ||||||
22 | isomers and salts of isomers
of methaqualone, or an analog | ||||||
23 | thereof;
| ||||||
24 | (10) 10 grams or more but less than 30 grams of any | ||||||
25 | substance
containing phencyclidine or any of the salts, | ||||||
26 | isomers and salts of isomers
of phencyclidine (PCP), or an | ||||||
27 | analog thereof;
| ||||||
28 | (10.5) 10 grams or more but less than 30 grams of any | ||||||
29 | substance
containing ketamine or any of the salts, isomers | ||||||
30 | and salts of
isomers of ketamine, or an analog thereof;
| ||||||
31 | (11) 50 grams or more but less than 200 grams of any | ||||||
32 | substance
containing a substance classified in Schedules I | ||||||
33 | or II, or an analog
thereof, which is not otherwise | ||||||
34 | included in this subsection.
| ||||||
35 | (c-5) Any person who violates this Section with regard to | ||||||
36 | possession of
any methamphetamine manufacturing chemical set |
| |||||||
|
|||||||
1 | forth in paragraph (z-1) of
Section 102
with
intent to | ||||||
2 | manufacture 15 grams or more but less than 30 grams of
| ||||||
3 | methamphetamine, or salt of an optical isomer of | ||||||
4 | methamphetamine or any analog
thereof, is guilty of a Class 1 | ||||||
5 | felony. The fine for violation of this
subsection (c-5) shall | ||||||
6 | not be more than $250,000.
| ||||||
7 | (d) Any person who violates this Section with regard to any | ||||||
8 | other
amount of a controlled or counterfeit substance | ||||||
9 | classified in
Schedules I or II, or an analog thereof, which is | ||||||
10 | (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | ||||||
11 | an analog thereof, or
(iii) any
substance containing | ||||||
12 | amphetamine or methamphetamine or any salt or optical
isomer of | ||||||
13 | amphetamine or methamphetamine, or an analog thereof, is guilty
| ||||||
14 | of a Class 2 felony. The fine for violation of this subsection | ||||||
15 | (d) shall
not be more than $200,000.
| ||||||
16 | (d-5) Any person who violates this Section with regard to | ||||||
17 | possession of
any methamphetamine manufacturing chemical set | ||||||
18 | forth in paragraph (z-1) of
Section 102
with
intent to | ||||||
19 | manufacture less than 15 grams of methamphetamine, or salt of | ||||||
20 | an
optical isomer of methamphetamine or any analog thereof, is | ||||||
21 | guilty of a Class
2 felony. The fine for violation of this | ||||||
22 | subsection (d-5) shall not be more
than $200,000.
| ||||||
23 | (e) Any person who violates this Section with regard to any | ||||||
24 | other
amount of a controlled or counterfeit substance | ||||||
25 | classified in
Schedule I or II, or an analog thereof, which | ||||||
26 | substance is not
included under subsection (d) of this Section, | ||||||
27 | is
guilty of a Class 3 felony. The fine for violation of this | ||||||
28 | subsection (e)
shall not be more than $150,000.
| ||||||
29 | (f) Any person who violates this Section with regard to any | ||||||
30 | other
amount of a controlled or counterfeit substance | ||||||
31 | classified in
Schedule III is guilty of a Class 3 felony. The | ||||||
32 | fine for violation of
this subsection (f) shall not be more | ||||||
33 | than $125,000.
| ||||||
34 | (g) Any person who violates this Section with regard to any | ||||||
35 | other
amount of a controlled or counterfeit substance | ||||||
36 | classified
in Schedule IV is guilty of a Class 3 felony. The |
| |||||||
|
|||||||
1 | fine for violation of
this subsection (g) shall not be more | ||||||
2 | than $100,000.
| ||||||
3 | (h) Any person who violates this Section with regard to any | ||||||
4 | other
amount of a controlled or counterfeit substance | ||||||
5 | classified in
Schedule V is guilty of a Class 3 felony. The | ||||||
6 | fine for violation of this
subsection (h) shall not be more | ||||||
7 | than $75,000.
| ||||||
8 | (i) This Section does not apply to the manufacture, | ||||||
9 | possession or
distribution of a substance in conformance with | ||||||
10 | the provisions of an approved
new drug application or an | ||||||
11 | exemption for investigational use within the
meaning of Section | ||||||
12 | 505 of the Federal Food, Drug and Cosmetic Act.
| ||||||
13 | (j) The presence of any methamphetamine manufacturing | ||||||
14 | chemical in a
sealed, factory imprinted container, including, | ||||||
15 | but not limited to a bottle,
box, or plastic blister package, | ||||||
16 | at the time of seizure by law
enforcement, is prima facie | ||||||
17 | evidence that the methamphetamine manufacturing
chemical | ||||||
18 | located within the container is in fact the chemical so | ||||||
19 | described and
in the amount
and dosage listed on the container. | ||||||
20 | The factory imprinted container is
admissible for a violation | ||||||
21 | of this Section for purposes of proving the contents
of the | ||||||
22 | container.
| ||||||
23 | (Source: P.A. 92-16, eff. 6-28-01; 92-256, eff. 1-1-02; 92-698, | ||||||
24 | eff.
7-19-02; 93-278, eff. 1-1-04.)
| ||||||
25 | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||||||
26 | Sec. 402. Except as otherwise authorized by this Act, it is | ||||||
27 | unlawful for
any person knowingly to possess a controlled or | ||||||
28 | counterfeit substance.
A violation of this Act with respect to | ||||||
29 | each of the controlled substances
listed herein constitutes a | ||||||
30 | single and separate violation of this Act.
| ||||||
31 | (a) Any person who violates this Section with respect to | ||||||
32 | the following
controlled or counterfeit substances and | ||||||
33 | amounts, notwithstanding any of the
provisions of subsections | ||||||
34 | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||||||
35 | shall, if sentenced to a term
of imprisonment, be sentenced as |
| |||||||
|
|||||||
1 | provided in this subsection (a) and fined
as provided in | ||||||
2 | subsection (b):
| ||||||
3 | (1) (A) not less than 4 years and not more than 15 | ||||||
4 | years with respect
to 15 grams or more but less than | ||||||
5 | 100 grams of a substance containing heroin;
| ||||||
6 | (B) not less than 6 years and not more than 30 | ||||||
7 | years with respect to 100
grams or more but less than | ||||||
8 | 400 grams of a substance containing heroin;
| ||||||
9 | (C) not less than 8 years and not more than 40 | ||||||
10 | years with respect to 400
grams or more but less than | ||||||
11 | 900 grams of any substance containing heroin;
| ||||||
12 | (D) not less than 10 years and not more than 50 | ||||||
13 | years with respect to
900 grams or more of any | ||||||
14 | substance containing heroin;
| ||||||
15 | (2) (A) not less than 4 years and not more than 15 | ||||||
16 | years with respect
to 15 grams or more but less than | ||||||
17 | 100 grams of any substance containing
cocaine;
| ||||||
18 | (B) not less than 6 years and not more than 30 | ||||||
19 | years with respect to 100
grams or more but less than | ||||||
20 | 400 grams of any substance containing cocaine;
| ||||||
21 | (C) not less than 8 years and not more than 40 | ||||||
22 | years with respect to 400
grams or more but less than | ||||||
23 | 900 grams of any substance containing cocaine;
| ||||||
24 | (D) not less than 10 years and not more than 50 | ||||||
25 | years with respect to
900 grams or more of any | ||||||
26 | substance containing cocaine;
| ||||||
27 | (3) (A) not less than 4 years and not more than 15 | ||||||
28 | years with respect
to 15 grams or more but less than | ||||||
29 | 100 grams of any substance containing
morphine;
| ||||||
30 | (B) not less than 6 years and not more than 30 | ||||||
31 | years with respect to 100
grams or more but less than | ||||||
32 | 400 grams of any substance containing morphine;
| ||||||
33 | (C) not less than 6 years and not more than 40 | ||||||
34 | years with respect to 400
grams or more but less than |
| |||||||
|
|||||||
1 | 900 grams of any substance containing morphine;
| ||||||
2 | (D) not less than 10 years and not more than 50 | ||||||
3 | years with respect to
900 grams or more of any | ||||||
4 | substance containing morphine;
| ||||||
5 | (4) 200 grams or more of any substance containing | ||||||
6 | peyote;
| ||||||
7 | (5) 200 grams or more of any substance containing a | ||||||
8 | derivative of
barbituric acid or any of the salts of a | ||||||
9 | derivative of barbituric acid;
| ||||||
10 | (6) 200 grams or more of any substance containing | ||||||
11 | amphetamine or any salt
of an optical isomer of | ||||||
12 | amphetamine;
| ||||||
13 | (6.5) (A) not less than 4 years and not more than 15 | ||||||
14 | years with
respect to 15 grams or more but less than | ||||||
15 | 100 grams of a substance containing
methamphetamine or | ||||||
16 | any salt of an optical isomer of
methamphetamine;
| ||||||
17 | (B) not less than 6 years and not more than 30 | ||||||
18 | years with respect to 100
grams or more but less than | ||||||
19 | 400 grams of a substance containing
methamphetamine or | ||||||
20 | any salt of an optical isomer of
methamphetamine;
| ||||||
21 | (C) not less than 8 years and not more than 40 | ||||||
22 | years with
respect to
400 grams or more but less than | ||||||
23 | 900 grams of a substance containing
methamphetamine or | ||||||
24 | any salt of an optical isomer of
methamphetamine;
| ||||||
25 | (D) not less than 10 years and not more than 50 | ||||||
26 | years with
respect to
900 grams or more of any | ||||||
27 | substance containing methamphetamine or
any salt of an | ||||||
28 | optical isomer of methamphetamine;
| ||||||
29 | (7) (A) not less than 4 years and not more than 15 | ||||||
30 | years with respect
to: (i) 15 grams or more but less | ||||||
31 | than 100 grams of any substance containing
lysergic | ||||||
32 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
33 | 15 or
more objects or 15 or more segregated parts of an | ||||||
34 | object or objects but
less than 200 objects or 200 | ||||||
35 | segregated parts of an object or objects
containing in | ||||||
36 | them or having upon them any amount of any substance
|
| |||||||
|
|||||||
1 | containing lysergic acid diethylamide (LSD), or an | ||||||
2 | analog 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
containing lysergic | ||||||
6 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
7 | 200 or more objects or 200 or more segregated parts of | ||||||
8 | an object or objects
but less than 600 objects or less | ||||||
9 | than 600 segregated parts of an object or
objects | ||||||
10 | containing in them or having upon them any amount of | ||||||
11 | any substance
containing lysergic acid diethylamide | ||||||
12 | (LSD), or an analog thereof;
| ||||||
13 | (C) not less than 8 years and not more than 40 | ||||||
14 | years with respect
to: (i) 400 grams or more but less | ||||||
15 | than 900 grams of any substance
containing lysergic | ||||||
16 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
17 | 600 or more objects or 600 or more segregated parts of | ||||||
18 | an object or objects
but less than 1500 objects or 1500 | ||||||
19 | segregated parts of an object or objects
containing in | ||||||
20 | them or having upon them any amount of any substance
| ||||||
21 | containing lysergic acid diethylamide (LSD), or an | ||||||
22 | analog thereof;
| ||||||
23 | (D) not less than 10 years and not more than 50 | ||||||
24 | years with respect
to: (i) 900 grams or more of any | ||||||
25 | substance containing lysergic acid
diethylamide (LSD), | ||||||
26 | or an analog thereof, or (ii) 1500 or more objects or
| ||||||
27 | 1500 or more segregated parts of an object or objects | ||||||
28 | containing in them or
having upon them any amount of a | ||||||
29 | substance containing lysergic acid
diethylamide (LSD), | ||||||
30 | or an analog thereof;
| ||||||
31 | (7.5) (A) not less than 4 years and not more than 15 | ||||||
32 | years with respect
to: (i) 15
grams or more but
less | ||||||
33 | than 100 grams of any substance listed in paragraph | ||||||
34 | (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | ||||||
35 | (25), or (26) of subsection (d) of Section 204, or an
| ||||||
36 | analog or derivative
thereof, or (ii) 15 or more pills, |
| |||||||
|
|||||||
1 | tablets, caplets, capsules, or objects but
less than | ||||||
2 | 200 pills,
tablets, caplets, capsules, or objects | ||||||
3 | containing in them or having upon them
any amount of | ||||||
4 | any
substance listed in paragraph (1), (2), (2.1), (3), | ||||||
5 | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||||||
6 | subsection (d) of Section 204, or an analog or | ||||||
7 | derivative thereof;
| ||||||
8 | (B) not less than 6 years and not more than 30 | ||||||
9 | years with respect to: (i)
100
grams or more but
less | ||||||
10 | than 400 grams of any substance listed in paragraph | ||||||
11 | (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||||||
12 | (25), or (26) of subsection (d) of Section 204, or an | ||||||
13 | analog or
derivative thereof, or
(ii) 200 or more | ||||||
14 | pills, tablets, caplets, capsules, or objects but less | ||||||
15 | than
600
pills, tablets,
caplets, capsules, or objects | ||||||
16 | containing in them or having upon them any amount
of | ||||||
17 | any
substance
listed in paragraph (1), (2), (2.1), (3), | ||||||
18 | (14.1), (19), (20), (20.1), (21),
(25), or (26) of | ||||||
19 | subsection
(d) of Section 204, or an analog or | ||||||
20 | derivative thereof;
| ||||||
21 | (C) not less than 8 years and not more than 40 | ||||||
22 | years with respect to: (i)
400
grams or more but
less | ||||||
23 | than 900 grams of any substance listed in paragraph | ||||||
24 | (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||||||
25 | (25), or (26) of subsection (d) of Section 204, or an | ||||||
26 | analog or
derivative thereof,
or (ii) 600 or more | ||||||
27 | pills, tablets, caplets, capsules, or objects but less | ||||||
28 | than
1,500 pills, tablets,
caplets, capsules, or | ||||||
29 | objects containing in them or having upon them any | ||||||
30 | amount
of any
substance listed in paragraph (1), (2), | ||||||
31 | (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | ||||||
32 | (26) of
subsection (d) of Section 204, or an analog or | ||||||
33 | derivative thereof;
| ||||||
34 | (D) not less than 10 years and not more than 50 | ||||||
35 | years with respect to:
(i)
900 grams or more of
any | ||||||
36 | substance listed in paragraph (1), (2), (2.1), (3), |
| |||||||
|
|||||||
1 | (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | ||||||
2 | subsection (d) of Section 204, or an analog or | ||||||
3 | derivative thereof, or (ii)
1,500 or more pills,
| ||||||
4 | tablets, caplets, capsules, or objects containing in | ||||||
5 | them or having upon them
any amount of a
substance | ||||||
6 | listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | ||||||
7 | (20), (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
8 | Section 204, or an analog or derivative thereof;
| ||||||
9 | (8) 30 grams or more of any substance containing | ||||||
10 | pentazocine or any of
the salts, isomers and salts of | ||||||
11 | isomers of pentazocine, or an analog thereof;
| ||||||
12 | (9) 30 grams or more of any substance containing | ||||||
13 | methaqualone or any
of the salts, isomers and salts of | ||||||
14 | isomers of methaqualone;
| ||||||
15 | (10) 30 grams or more of any substance containing | ||||||
16 | phencyclidine or any
of the salts, isomers and salts of | ||||||
17 | isomers of phencyclidine (PCP);
| ||||||
18 | (10.5) 30 grams or more of any substance containing | ||||||
19 | ketamine or any of
the salts, isomers and salts of isomers | ||||||
20 | of ketamine;
| ||||||
21 | (11) 200 grams or more of any substance containing any | ||||||
22 | substance
classified as a narcotic drug in Schedules I or | ||||||
23 | II which is not otherwise
included in this subsection.
| ||||||
24 | (b) Any person sentenced with respect to violations of | ||||||
25 | paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) | ||||||
26 | involving 100
grams or more of the
controlled substance named | ||||||
27 | therein, may in addition to the penalties
provided therein, be | ||||||
28 | fined an amount not to exceed $200,000 or the full
street value | ||||||
29 | of the controlled or counterfeit substances, whichever is
| ||||||
30 | greater. The term "street value" shall have the meaning
| ||||||
31 | ascribed in Section 110-5 of the Code of Criminal Procedure of | ||||||
32 | 1963. Any
person sentenced with respect to any other provision | ||||||
33 | of subsection (a), may
in addition to the penalties provided | ||||||
34 | therein, be fined an amount not to
exceed $200,000.
| ||||||
35 | (c) Any person who violates this Section with regard to an | ||||||
36 | amount
of a controlled or counterfeit substance not set forth |
| |||||||
|
|||||||
1 | in
subsection (a) or (d) is guilty of a Class 4 felony. The | ||||||
2 | fine for a
violation punishable under this subsection (c) shall | ||||||
3 | not be more
than $25,000.
| ||||||
4 | (d) Any person who violates this Section with regard to any | ||||||
5 | amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||||||
6 | for the first offense and a Class B misdemeanor for a | ||||||
7 | subsequent offense
committed within 2 years of a prior | ||||||
8 | conviction.
| ||||||
9 | (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; | ||||||
10 | 92-256, eff.
1-1-02.)
| ||||||
11 | Section 10. The Unified Code of Corrections is amended by | ||||||
12 | changing Section 5-5-3 as follows:
| ||||||
13 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
14 | Sec. 5-5-3. Disposition.
| ||||||
15 | (a) Every person convicted of an offense shall be sentenced | ||||||
16 | as provided
in this Section.
| ||||||
17 | (b) The following options shall be appropriate | ||||||
18 | dispositions, alone
or in combination, for all felonies and | ||||||
19 | misdemeanors other than those
identified in subsection (c) of | ||||||
20 | this Section:
| ||||||
21 | (1) A period of probation.
| ||||||
22 | (2) A term of periodic imprisonment.
| ||||||
23 | (3) A term of conditional discharge.
| ||||||
24 | (4) A term of imprisonment.
| ||||||
25 | (5) An order directing the offender to clean up and | ||||||
26 | repair the
damage, if the offender was convicted under | ||||||
27 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
28 | (now repealed) .
| ||||||
29 | (6) A fine.
| ||||||
30 | (7) An order directing the offender to make restitution | ||||||
31 | to the
victim under Section 5-5-6 of this Code.
| ||||||
32 | (8) A sentence of participation in a county impact | ||||||
33 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
34 | Whenever an individual is sentenced for an offense based |
| |||||||
|
|||||||
1 | upon an
arrest for a violation of Section 11-501 of the | ||||||
2 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
3 | ordinance, and the professional evaluation
recommends remedial | ||||||
4 | or rehabilitative treatment or education, neither the
| ||||||
5 | treatment nor the education shall be the sole disposition and | ||||||
6 | either or
both may be imposed only in conjunction with another | ||||||
7 | disposition.
The court shall monitor compliance with any | ||||||
8 | remedial education or treatment
recommendations contained in | ||||||
9 | the professional evaluation. Programs
conducting alcohol or | ||||||
10 | other drug evaluation or remedial education must be
licensed by | ||||||
11 | the Department of Human Services. However,
if the individual is | ||||||
12 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
13 | other drug evaluation or remedial education program in the | ||||||
14 | state
of such individual's residence. Programs providing | ||||||
15 | treatment must be
licensed under existing applicable | ||||||
16 | alcoholism and drug treatment licensure
standards.
| ||||||
17 | In addition to any other fine or penalty required by law, | ||||||
18 | any
individual convicted of a violation of Section 11-501 of | ||||||
19 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
20 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
21 | Registration and Safety Act, or a similar provision of
local | ||||||
22 | ordinance, whose operation of
a motor vehicle while in | ||||||
23 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
24 | ordinance
proximately caused an incident resulting in an | ||||||
25 | appropriate emergency
response, shall be required to make | ||||||
26 | restitution to a public agency for the
costs of that emergency | ||||||
27 | response. Such restitution shall not exceed $1,000 per
public | ||||||
28 | agency for each such emergency response. For the purpose
of
| ||||||
29 | this paragraph, emergency response shall mean any incident | ||||||
30 | requiring a response
by: a police officer as defined under | ||||||
31 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
32 | on the rolls of a regularly constituted fire
department; and an | ||||||
33 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
34 | Medical Services (EMS) Systems Act.
| ||||||
35 | Neither a fine nor restitution shall be the sole | ||||||
36 | disposition
for a felony and either or both may be imposed only |
| |||||||
|
|||||||
1 | in conjunction with
another disposition.
| ||||||
2 | (c) (1) When a defendant is found guilty of first degree | ||||||
3 | murder the
State may either seek a sentence of imprisonment | ||||||
4 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
5 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
6 | of 1961.
| ||||||
7 | (2) A period of probation, a term of periodic | ||||||
8 | imprisonment or
conditional discharge shall not be imposed | ||||||
9 | for the following offenses.
The court shall sentence the | ||||||
10 | offender to not less than the minimum term
of imprisonment | ||||||
11 | set forth in this Code for the following offenses, and
may | ||||||
12 | order a fine or restitution or both in conjunction with | ||||||
13 | such term of
imprisonment:
| ||||||
14 | (A) First degree murder where the death penalty is | ||||||
15 | not imposed.
| ||||||
16 | (B) Attempted first degree murder.
| ||||||
17 | (C) A Class X felony.
| ||||||
18 | (D) A violation of Section 401.1 or 407 of the
| ||||||
19 | Illinois Controlled Substances Act, or a violation of | ||||||
20 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
21 | which relates to more than 5 grams of a substance
| ||||||
22 | containing heroin or cocaine or an analog thereof. | ||||||
23 | (D-5) A violation of Section 401.1 or 407 of the
| ||||||
24 | Illinois Controlled Substances Act or a violation of | ||||||
25 | subdivision (c)(1) of Section 401 of that Act that | ||||||
26 | relates to any amount of a substance containing heroin.
| ||||||
27 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
28 | Control
Act.
| ||||||
29 | (F) A Class 2 or greater felony if the offender had | ||||||
30 | been convicted
of a Class 2 or greater felony within 10 | ||||||
31 | years of the date on which the
offender
committed the | ||||||
32 | offense for which he or she is being sentenced, except | ||||||
33 | as
otherwise provided in Section 40-10 of the | ||||||
34 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
35 | (G) Residential burglary, except as otherwise | ||||||
36 | provided in Section 40-10
of the Alcoholism and Other |
| |||||||
|
|||||||
1 | Drug Abuse and Dependency Act.
| ||||||
2 | (H) Criminal sexual assault.
| ||||||
3 | (I) Aggravated battery of a senior citizen.
| ||||||
4 | (J) A forcible felony if the offense was related to | ||||||
5 | the activities of an
organized gang.
| ||||||
6 | Before July 1, 1994, for the purposes of this | ||||||
7 | paragraph, "organized
gang" means an association of 5 | ||||||
8 | or more persons, with an established hierarchy,
that | ||||||
9 | encourages members of the association to perpetrate | ||||||
10 | crimes or provides
support to the members of the | ||||||
11 | association who do commit crimes.
| ||||||
12 | Beginning July 1, 1994, for the purposes of this | ||||||
13 | paragraph,
"organized gang" has the meaning ascribed | ||||||
14 | to it in Section 10 of the Illinois
Streetgang | ||||||
15 | Terrorism Omnibus Prevention Act.
| ||||||
16 | (K) Vehicular hijacking.
| ||||||
17 | (L) A second or subsequent conviction for the | ||||||
18 | offense of hate crime
when the underlying offense upon | ||||||
19 | which the hate crime is based is felony
aggravated
| ||||||
20 | assault or felony mob action.
| ||||||
21 | (M) A second or subsequent conviction for the | ||||||
22 | offense of institutional
vandalism if the damage to the | ||||||
23 | property exceeds $300.
| ||||||
24 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
25 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
26 | Identification Card Act.
| ||||||
27 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
28 | Code of 1961.
| ||||||
29 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
30 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
31 | Criminal Code of 1961.
| ||||||
32 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
33 | Criminal Code of
1961.
| ||||||
34 | (R) A violation of Section 24-3A of the Criminal | ||||||
35 | Code of
1961.
| ||||||
36 | (S) A violation of Section 11-501(c-1)(3) of the |
| |||||||
|
|||||||
1 | Illinois Vehicle
Code.
| ||||||
2 | (T) A second or subsequent violation of paragraph | ||||||
3 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
4 | subsection (d-5) of Section 401 of the Illinois
| ||||||
5 | Controlled Substances Act.
| ||||||
6 | (3) A minimum term of imprisonment of not less than 5 | ||||||
7 | days
or 30 days of community service as may be determined | ||||||
8 | by the
court shall
be imposed for a second violation | ||||||
9 | committed within 5 years
of a previous violation of Section | ||||||
10 | 11-501 of the Illinois Vehicle Code or
a similar provision | ||||||
11 | of a local ordinance.
In the case of a third or
subsequent | ||||||
12 | violation committed within 5 years of a previous violation | ||||||
13 | of
Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
14 | provision of a local
ordinance, a minimum term of either 10 | ||||||
15 | days of imprisonment or 60 days of
community service shall | ||||||
16 | be imposed.
| ||||||
17 | (4) A minimum term of imprisonment of not less than 10
| ||||||
18 | consecutive days or 30 days of community service shall be | ||||||
19 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
20 | of the Illinois Vehicle Code.
| ||||||
21 | (4.1) A minimum term of 30 consecutive days of | ||||||
22 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
23 | 720 hours of community
service, as may be determined by the | ||||||
24 | court, shall be imposed for a violation of
Section 11-501 | ||||||
25 | of the Illinois Vehicle Code during a period in which the
| ||||||
26 | defendant's driving privileges are revoked or suspended,
| ||||||
27 | where the revocation or suspension was for a
violation of | ||||||
28 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
29 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
30 | subsection (c), a
minimum of
100 hours of community service | ||||||
31 | shall be imposed for a second violation of
Section 6-303
of | ||||||
32 | the Illinois Vehicle Code.
| ||||||
33 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
34 | hours of community
service, as determined by the court, | ||||||
35 | shall
be imposed for a second violation of subsection (c) | ||||||
36 | of Section 6-303 of the
Illinois Vehicle Code.
|
| |||||||
|
|||||||
1 | (4.4) Except as provided in paragraph (4.5) and | ||||||
2 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
3 | imprisonment of 30 days or 300 hours of community service, | ||||||
4 | as
determined by the court, shall
be imposed
for a third or | ||||||
5 | subsequent violation of Section 6-303 of the Illinois | ||||||
6 | Vehicle
Code.
| ||||||
7 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
8 | be imposed for a third violation of subsection (c) of
| ||||||
9 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
10 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
11 | be imposed for a
fourth or subsequent violation of | ||||||
12 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
13 | Code.
| ||||||
14 | (5) The court may sentence an offender convicted of a | ||||||
15 | business
offense or a petty offense or a corporation or | ||||||
16 | unincorporated
association convicted of any offense to:
| ||||||
17 | (A) a period of conditional discharge;
| ||||||
18 | (B) a fine;
| ||||||
19 | (C) make restitution to the victim under Section | ||||||
20 | 5-5-6 of this Code.
| ||||||
21 | (5.1) In addition to any penalties imposed under | ||||||
22 | paragraph (5) of this
subsection (c), and except as | ||||||
23 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
24 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
25 | Vehicle Code shall have his or her driver's license, | ||||||
26 | permit, or privileges
suspended for at least 90 days but | ||||||
27 | not more than one year, if the violation
resulted in damage | ||||||
28 | to the property of another person.
| ||||||
29 | (5.2) In addition to any penalties imposed under | ||||||
30 | paragraph (5) of this
subsection (c), and except as | ||||||
31 | provided in paragraph (5.3), a person convicted
of | ||||||
32 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
33 | Vehicle Code
shall have his or her driver's license, | ||||||
34 | permit, or privileges suspended for at
least 180 days but | ||||||
35 | not more than 2 years, if the violation resulted in injury
| ||||||
36 | to
another person.
|
| |||||||
|
|||||||
1 | (5.3) In addition to any penalties imposed under | ||||||
2 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
3 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
4 | Vehicle Code shall have his or her driver's license,
| ||||||
5 | permit, or privileges suspended for 2 years, if the | ||||||
6 | violation resulted in the
death of another person.
| ||||||
7 | (6) In no case shall an offender be eligible for a | ||||||
8 | disposition of
probation or conditional discharge for a | ||||||
9 | Class 1 felony committed while
he was serving a term of | ||||||
10 | probation or conditional discharge for a felony.
| ||||||
11 | (7) When a defendant is adjudged a habitual criminal | ||||||
12 | under Article
33B of the Criminal Code of 1961, the court | ||||||
13 | shall sentence
the defendant to a term of natural life | ||||||
14 | imprisonment.
| ||||||
15 | (8) When a defendant, over the age of 21 years, is | ||||||
16 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
17 | twice been convicted
in any state or
federal court of an | ||||||
18 | offense that contains the same elements as an offense now
| ||||||
19 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
20 | and such charges are
separately brought and tried and arise | ||||||
21 | out of different series of acts,
such defendant shall be | ||||||
22 | sentenced as a Class X offender. This paragraph
shall not | ||||||
23 | apply unless (1) the first felony was committed after the
| ||||||
24 | effective date of this amendatory Act of 1977; and (2) the | ||||||
25 | second felony
was committed after conviction on the first; | ||||||
26 | and (3) the third felony
was committed after conviction on | ||||||
27 | the second.
A person sentenced as a Class X offender under | ||||||
28 | this paragraph is not
eligible to apply for treatment as a | ||||||
29 | condition of probation as provided by
Section 40-10 of the | ||||||
30 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
31 | (9) A defendant convicted of a second or subsequent | ||||||
32 | offense of ritualized
abuse of a child may be sentenced to | ||||||
33 | a term of natural life imprisonment.
| ||||||
34 | (10) When a person is convicted of violating Section | ||||||
35 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
36 | of a local ordinance, the following
penalties apply when |
| |||||||
|
|||||||
1 | his or her blood,
breath, or urine was .16 or more based on | ||||||
2 | the definition of blood, breath, or
urine units in
Section | ||||||
3 | 11-501.2
or that person is convicted of violating Section | ||||||
4 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
5 | child under the age of 16:
| ||||||
6 | (A) For a first violation of subsection (a) of | ||||||
7 | Section 11-501, in
addition to any other penalty that | ||||||
8 | may be imposed under subsection (c) of
Section 11-501: | ||||||
9 | a
mandatory
minimum of
100 hours of community
service | ||||||
10 | and a minimum fine of
$500.
| ||||||
11 | (B) For a second violation of subsection (a) of | ||||||
12 | Section 11-501, in
addition to any other penalty that | ||||||
13 | may be imposed under subsection (c) of
Section 11-501 | ||||||
14 | within 10
years: a
mandatory minimum of 2
days of | ||||||
15 | imprisonment
and a minimum fine of $1,250.
| ||||||
16 | (C) For a third violation of subsection (a) of | ||||||
17 | Section 11-501, in
addition to any other penalty that | ||||||
18 | may be imposed under subsection (c) of
Section 11-501 | ||||||
19 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
20 | imprisonment and a minimum
fine of $2,500.
| ||||||
21 | (D) For a fourth or subsequent violation of | ||||||
22 | subsection (a) of Section
11-501: ineligibility for a | ||||||
23 | sentence
of probation or conditional discharge and a | ||||||
24 | minimum
fine of $2,500.
| ||||||
25 | (d) In any case in which a sentence originally imposed is | ||||||
26 | vacated,
the case shall be remanded to the trial court. The | ||||||
27 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
28 | Unified Code of Corrections
which may include evidence of the | ||||||
29 | defendant's life, moral character and
occupation during the | ||||||
30 | time since the original sentence was passed. The
trial court | ||||||
31 | shall then impose sentence upon the defendant. The trial
court | ||||||
32 | may impose any sentence which could have been imposed at the
| ||||||
33 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
34 | Corrections.
If a sentence is vacated on appeal or on | ||||||
35 | collateral attack due to the
failure of the trier of fact at | ||||||
36 | trial to determine beyond a reasonable doubt
the
existence of a |
| |||||||
|
|||||||
1 | fact (other than a prior conviction) necessary to increase the
| ||||||
2 | punishment for the offense beyond the statutory maximum | ||||||
3 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
4 | to a term within the range otherwise
provided or, if the State | ||||||
5 | files notice of its intention to again seek the
extended | ||||||
6 | sentence, the defendant shall be afforded a new trial.
| ||||||
7 | (e) In cases where prosecution for
aggravated criminal | ||||||
8 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
9 | results in conviction of a defendant
who was a family member of | ||||||
10 | the victim at the time of the commission of the
offense, the | ||||||
11 | court shall consider the safety and welfare of the victim and
| ||||||
12 | may impose a sentence of probation only where:
| ||||||
13 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
14 | (A) the defendant is willing to undergo a court | ||||||
15 | approved counseling
program for a minimum duration of 2 | ||||||
16 | years; or
| ||||||
17 | (B) the defendant is willing to participate in a | ||||||
18 | court approved plan
including but not limited to the | ||||||
19 | defendant's:
| ||||||
20 | (i) removal from the household;
| ||||||
21 | (ii) restricted contact with the victim;
| ||||||
22 | (iii) continued financial support of the | ||||||
23 | family;
| ||||||
24 | (iv) restitution for harm done to the victim; | ||||||
25 | and
| ||||||
26 | (v) compliance with any other measures that | ||||||
27 | the court may
deem appropriate; and
| ||||||
28 | (2) the court orders the defendant to pay for the | ||||||
29 | victim's counseling
services, to the extent that the court | ||||||
30 | finds, after considering the
defendant's income and | ||||||
31 | assets, that the defendant is financially capable of
paying | ||||||
32 | for such services, if the victim was under 18 years of age | ||||||
33 | at the
time the offense was committed and requires | ||||||
34 | counseling as a result of the
offense.
| ||||||
35 | Probation may be revoked or modified pursuant to Section | ||||||
36 | 5-6-4; except
where the court determines at the hearing that |
| |||||||
|
|||||||
1 | the defendant violated a
condition of his or her probation | ||||||
2 | restricting contact with the victim or
other family members or | ||||||
3 | commits another offense with the victim or other
family | ||||||
4 | members, the court shall revoke the defendant's probation and
| ||||||
5 | impose a term of imprisonment.
| ||||||
6 | For the purposes of this Section, "family member" and | ||||||
7 | "victim" shall have
the meanings ascribed to them in Section | ||||||
8 | 12-12 of the Criminal Code of
1961.
| ||||||
9 | (f) This Article shall not deprive a court in other | ||||||
10 | proceedings to
order a forfeiture of property, to suspend or | ||||||
11 | cancel a license, to
remove a person from office, or to impose | ||||||
12 | any other civil penalty.
| ||||||
13 | (g) Whenever a defendant is convicted of an offense under | ||||||
14 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
15 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
16 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
17 | medical testing to
determine whether the defendant has any | ||||||
18 | sexually transmissible disease,
including a test for infection | ||||||
19 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
20 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
21 | Any such medical test shall be performed only by appropriately
| ||||||
22 | licensed medical practitioners and may include an analysis of | ||||||
23 | any bodily
fluids as well as an examination of the defendant's | ||||||
24 | person.
Except as otherwise provided by law, the results of | ||||||
25 | such test shall be kept
strictly confidential by all medical | ||||||
26 | personnel involved in the testing and must
be personally | ||||||
27 | delivered in a sealed envelope to the judge of the court in | ||||||
28 | which
the conviction was entered for the judge's inspection in | ||||||
29 | camera. Acting in
accordance with the best interests of the | ||||||
30 | victim and the public, the judge
shall have the discretion to | ||||||
31 | determine to whom, if anyone, the results of the
testing may be | ||||||
32 | revealed. The court shall notify the defendant
of the test | ||||||
33 | results. The court shall
also notify the victim if requested by | ||||||
34 | the victim, and if the victim is under
the age of 15 and if | ||||||
35 | requested by the victim's parents or legal guardian, the
court | ||||||
36 | shall notify the victim's parents or legal guardian of the test
|
| |||||||
|
|||||||
1 | results.
The court shall provide information on the | ||||||
2 | availability of HIV testing
and counseling at Department of | ||||||
3 | Public Health facilities to all parties to
whom the results of | ||||||
4 | the testing are revealed and shall direct the State's
Attorney | ||||||
5 | to provide the information to the victim when possible.
A | ||||||
6 | State's Attorney may petition the court to obtain the results | ||||||
7 | of any HIV test
administered under this Section, and the court | ||||||
8 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
9 | relevant in order to prosecute a charge of
criminal | ||||||
10 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
11 | of 1961
against the defendant. The court shall order that the | ||||||
12 | cost of any such test
shall be paid by the county and may be | ||||||
13 | taxed as costs against the convicted
defendant.
| ||||||
14 | (g-5) When an inmate is tested for an airborne communicable | ||||||
15 | disease, as
determined by the Illinois Department of Public | ||||||
16 | Health including but not
limited to tuberculosis, the results | ||||||
17 | of the test shall be
personally delivered by the warden or his | ||||||
18 | or her designee in a sealed envelope
to the judge of the court | ||||||
19 | in which the inmate must appear for the judge's
inspection in | ||||||
20 | camera if requested by the judge. Acting in accordance with the
| ||||||
21 | best interests of those in the courtroom, the judge shall have | ||||||
22 | the discretion
to determine what if any precautions need to be | ||||||
23 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
24 | (h) Whenever a defendant is convicted of an offense under | ||||||
25 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
26 | defendant shall undergo
medical testing to determine whether | ||||||
27 | the defendant has been exposed to human
immunodeficiency virus | ||||||
28 | (HIV) or any other identified causative agent of
acquired | ||||||
29 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
30 | by
law, the results of such test shall be kept strictly | ||||||
31 | confidential by all
medical personnel involved in the testing | ||||||
32 | and must be personally delivered in a
sealed envelope to the | ||||||
33 | judge of the court in which the conviction was entered
for the | ||||||
34 | judge's inspection in camera. Acting in accordance with the | ||||||
35 | best
interests of the public, the judge shall have the | ||||||
36 | discretion to determine to
whom, if anyone, the results of the |
| |||||||
|
|||||||
1 | testing may be revealed. The court shall
notify the defendant | ||||||
2 | of a positive test showing an infection with the human
| ||||||
3 | immunodeficiency virus (HIV). The court shall provide | ||||||
4 | information on the
availability of HIV testing and counseling | ||||||
5 | at Department of Public Health
facilities to all parties to | ||||||
6 | whom the results of the testing are revealed and
shall direct | ||||||
7 | the State's Attorney to provide the information to the victim | ||||||
8 | when
possible. A State's Attorney may petition the court to | ||||||
9 | obtain the results of
any HIV test administered under this | ||||||
10 | Section, and the court shall grant the
disclosure if the | ||||||
11 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
12 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
13 | the Criminal
Code of 1961 against the defendant. The court | ||||||
14 | shall order that the cost of any
such test shall be paid by the | ||||||
15 | county and may be taxed as costs against the
convicted | ||||||
16 | defendant.
| ||||||
17 | (i) All fines and penalties imposed under this Section for | ||||||
18 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
19 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
20 | any violation
of the Child Passenger Protection Act, or a | ||||||
21 | similar provision of a local
ordinance, shall be collected and | ||||||
22 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (j) In cases when prosecution for any violation of Section | ||||||
25 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
26 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
27 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
28 | Code of 1961, any violation of the Illinois Controlled | ||||||
29 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
30 | results in conviction, a
disposition of court supervision, or | ||||||
31 | an order of probation granted under
Section 10 of the Cannabis | ||||||
32 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
33 | Act of a defendant, the court shall determine whether the
| ||||||
34 | defendant is employed by a facility or center as defined under | ||||||
35 | the Child Care
Act of 1969, a public or private elementary or | ||||||
36 | secondary school, or otherwise
works with children under 18 |
| |||||||
|
|||||||
1 | years of age on a daily basis. When a defendant
is so employed, | ||||||
2 | the court shall order the Clerk of the Court to send a copy of
| ||||||
3 | the judgment of conviction or order of supervision or probation | ||||||
4 | to the
defendant's employer by certified mail.
If the employer | ||||||
5 | of the defendant is a school, the Clerk of the Court shall
| ||||||
6 | direct the mailing of a copy of the judgment of conviction or | ||||||
7 | order of
supervision or probation to the appropriate regional | ||||||
8 | superintendent of schools.
The regional superintendent of | ||||||
9 | schools shall notify the State Board of
Education of any | ||||||
10 | notification under this subsection.
| ||||||
11 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
12 | of a felony and
who has not been previously convicted of a | ||||||
13 | misdemeanor or felony and who is
sentenced to a term of | ||||||
14 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
15 | a condition of his or her sentence be required by the court to | ||||||
16 | attend
educational courses designed to prepare the defendant | ||||||
17 | for a high school diploma
and to work toward a high school | ||||||
18 | diploma or to work toward passing the high
school level Test of | ||||||
19 | General Educational Development (GED) or to work toward
| ||||||
20 | completing a vocational training program offered by the | ||||||
21 | Department of
Corrections. If a defendant fails to complete the | ||||||
22 | educational training
required by his or her sentence during the | ||||||
23 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
24 | condition of mandatory supervised release, require the
| ||||||
25 | defendant, at his or her own expense, to pursue a course of | ||||||
26 | study toward a high
school diploma or passage of the GED test. | ||||||
27 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
28 | release of a defendant who wilfully fails to
comply with this | ||||||
29 | subsection (j-5) upon his or her release from confinement in a
| ||||||
30 | penal institution while serving a mandatory supervised release | ||||||
31 | term; however,
the inability of the defendant after making a | ||||||
32 | good faith effort to obtain
financial aid or pay for the | ||||||
33 | educational training shall not be deemed a wilful
failure to | ||||||
34 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
35 | whose mandatory supervised release term has been revoked under | ||||||
36 | this subsection
(j-5) as provided in Section 3-3-9. This |
| |||||||
|
|||||||
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) A court may not impose a sentence or disposition for a
| ||||||
8 | felony or misdemeanor that requires the defendant to be | ||||||
9 | implanted or injected
with or to use any form of birth control.
| ||||||
10 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
11 | (l), whenever a defendant,
who is an alien as defined by | ||||||
12 | the Immigration and Nationality Act, is convicted
of any | ||||||
13 | felony or misdemeanor offense, the court after sentencing | ||||||
14 | the defendant
may, upon motion of the State's Attorney, | ||||||
15 | hold sentence in abeyance and remand
the defendant to the | ||||||
16 | custody of the Attorney General of
the United States or his | ||||||
17 | or her designated agent to be deported when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under | ||||||
20 | the Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct | ||||||
23 | and would not be inconsistent with the ends of
justice.
| ||||||
24 | Otherwise, the defendant shall be sentenced as | ||||||
25 | provided in this Chapter V.
| ||||||
26 | (B) If the defendant has already been sentenced for a | ||||||
27 | felony or
misdemeanor
offense, or has been placed on | ||||||
28 | probation under Section 10 of the Cannabis
Control Act or | ||||||
29 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
30 | court
may, upon motion of the State's Attorney to suspend | ||||||
31 | the
sentence imposed, commit the defendant to the custody | ||||||
32 | of the Attorney General
of the United States or his or her | ||||||
33 | designated agent when:
| ||||||
34 | (1) a final order of deportation has been issued | ||||||
35 | against the defendant
pursuant to proceedings under | ||||||
36 | the Immigration and Nationality Act, and
|
| |||||||
|
|||||||
1 | (2) the deportation of the defendant would not | ||||||
2 | deprecate the seriousness
of the defendant's conduct | ||||||
3 | and would not be inconsistent with the ends of
justice.
| ||||||
4 | (C) This subsection (l) does not apply to offenders who | ||||||
5 | are subject to the
provisions of paragraph (2) of | ||||||
6 | subsection (a) of Section 3-6-3.
| ||||||
7 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
8 | sentenced under
this Section returns to the jurisdiction of | ||||||
9 | the United States, the defendant
shall be recommitted to | ||||||
10 | the custody of the county from which he or she was
| ||||||
11 | sentenced.
Thereafter, the defendant shall be brought | ||||||
12 | before the sentencing court, which
may impose any sentence | ||||||
13 | that was available under Section 5-5-3 at the time of
| ||||||
14 | initial sentencing. In addition, the defendant shall not be | ||||||
15 | eligible for
additional good conduct credit for | ||||||
16 | meritorious service as provided under
Section 3-6-6.
| ||||||
17 | (m) A person convicted of criminal defacement of property | ||||||
18 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
19 | property damage exceeds $300
and the property damaged is a | ||||||
20 | school building, shall be ordered to perform
community service | ||||||
21 | that may include cleanup, removal, or painting over the
| ||||||
22 | defacement.
| ||||||
23 | (n) The court may sentence a person convicted of a | ||||||
24 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
25 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
26 | person is otherwise eligible for that program
under Section | ||||||
27 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
28 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
29 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
30 | program licensed under that
Act.
| ||||||
31 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||||||
32 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
33 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
34 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||||||
35 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
36 | eff. 1-1-04; revised 10-9-03 .)
|