93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6878


 
Introduced 02/09/04, by Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 550/5.3 new




720 ILCS 570/407.3 new









    Amends the Cannabis Control Act.  Creates the offense of illegal transmission
of cannabis information by the Internet.  Provides that it is a Class A
misdemeanor to transmit information about cannabis by the Internet to a specific individual with the intent that the information
will be used by that individual in furtherance of illegal activity.  Amends the
Illinois Controlled Substances Act.  Creates the offense of illegal
transmission of controlled substance information by the Internet.  Provides
that it is a Class A misdemeanor to transmit information by the Internet about
a controlled
substance to a specific individual with the intent that the information
will be used by that individual in furtherance of illegal
activity.  Exempts a library that provides Internet access and is unaware of
the transmission made by the library patron who uses a library computer to
access the Internet.
















LRB093 17970 RLC 43653 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6878

LRB093 17970 RLC 43653 b






1
    AN ACT in relation to the transmission of drug information 
2
by the Internet. 

 
3
    Be it enacted by the People of the State of Illinois, 
4
represented in the General Assembly: 


 
5
    Section 5. The Cannabis Control Act is amended by adding 
6
Section 5.3 as
follows:


 
7
    (720 ILCS 550/5.3 new)

8
    Sec. 5.3. Illegal transmission of cannabis information by 
9
the Internet.

10
    (a) A person commits the offense of illegal transmission of 
11
cannabis
information by the Internet when he or she transmits 
12
information about cannabis
by the Internet to a specific 
13
individual with the intent that the information
will be used by 
14
that individual in furtherance of
illegal activity.

15
    (b) Illegal transmission of cannabis information by the 
16
Internet is a
Class A misdemeanor.

17
    (c) In this Section:

18
    "Internet" means an interactive computer service or
system 
19
or an
information service, system, or access software provider 
20
that provides or
enables computer access by multiple users to a 
21
computer server, and includes,
but is not limited to, an 
22
information service, system, or access software
provider that 
23
provides access to a network system commonly known as the

24
Internet, or any comparable system or service and also 
25
includes, but is not
limited to, a World Wide Web page, 
26
newsgroup, message board, mailing list, or
chat area on any 
27
interactive computer service or system or other online
service.

28
    "Access" and "computer" have the meanings ascribed to them 
29
in
Section
16D-2 of the Criminal Code of 1961.


30
    (d) It is not a violation of this Section for an employee 
31
of a
public library or a library of an institution of higher 
32
learning to provide a
person access to Internet services 
 


 






HB6878
- 2 -
LRB093 17970 RLC 43653 b




1
through the library's computer network
or the library's 
2
computer if, without knowledge by the employee of the
library, 
3
the patron of the library transmits, by use of the library's

4
computer access to the Internet, information in violation of 
5
this Section.



 
6
    Section 10. The Illinois Controlled Substances Act is 
7
amended by adding
Section 407.3 as follows:


 
8
    (720 ILCS 570/407.3 new)

9
    Sec. 407.3. Illegal transmission of controlled substance 
10
information by
the Internet.

11
    (a) A person commits the offense of illegal transmission of 
12
controlled
substance
information by the Internet when he or she 
13
transmits information about a
controlled substance
by the 
14
Internet to a specific individual with the intent that the 
15
information
will be used by that individual in furtherance of 
16
illegal activity.

17
    (b) Illegal transmission of controlled substance 
18
information by the Internet
is a
Class A misdemeanor.

19
    (c) In this Section:

20
    "Internet" means an interactive computer service or
system 
21
or an
information service, system, or access software provider 
22
that provides or
enables computer access by multiple users to a 
23
computer server, and includes,
but is not limited to, an 
24
information service, system, or access software
provider that 
25
provides access to a network system commonly known as the

26
Internet, or any comparable system or service and also 
27
includes, but is not
limited to, a World Wide Web page, 
28
newsgroup, message board, mailing list, or
chat area on any 
29
interactive computer service or system or other online
service.

30
    "Access" and "computer" have the meanings ascribed to them 
31
in
Section
16D-2 of the Criminal Code of 1961.

32
    (d) It is not a violation of this Section for an employee 
33
of a
public library or a library of an institution of higher 
34
learning to provide a
person access to Internet services 
 


 






HB6878
- 3 -
LRB093 17970 RLC 43653 b




1
through the library's computer network
or the library's 
2
computer if, without knowledge by the employee of the
library, 
3
the patron of the library transmits, by use of the library's

4
computer access to the Internet, information in violation of 
5
this Section.