94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2391


 
Introduced 1/18/2006, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 646/55






720 ILCS 646/56 new










    Amends the Methamphetamine Control and Community Protection Act.  Creates the offense of methamphetamine trafficking.  Provides that a person commits the offense when he or she knowingly brings, or causes to be brought, into this State anhydrous ammonia or a methamphetamine precursor for the purpose of manufacture or delivery or with the intent to manufacture or deliver methamphetamine that is not authorized by the Act.   Provides that a person convicted of the offense shall be sentenced to a term of imprisonment of not less than twice the minimum term and not more than twice the maximum term of imprisonment based upon the amount of methamphetamine or methamphetamine precursor or anhydrous ammonia brought or caused to be brought into this State.  Effective immediately.
















LRB094 15742 RLC 50955 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2391

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    AN ACT concerning 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 Methamphetamine Control and Community 
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Protection Act is amended  by changing Section 55 and by adding 
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Section 56 as follows:
 
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    (720 ILCS 646/55)

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    Sec. 55. Methamphetamine delivery.  
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    (a) Delivery or possession with intent to deliver 
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methamphetamine or a substance containing methamphetamine.
        
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        (1) It is unlawful knowingly to engage in the delivery 
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    or possession with intent to deliver methamphetamine or a 
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    substance containing methamphetamine.
        
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        (2) A person who violates paragraph (1) of this 
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    subsection (a) is subject to the following penalties:
            
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            (A) A person who delivers or possesses with intent 
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        to deliver less than 5 grams of methamphetamine or a 
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        substance containing methamphetamine is guilty of a 
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        Class 2 felony.
            
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            (B) A person who delivers or possesses with intent 
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        to deliver 5 or more grams but less than 15 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class 1 felony.
            
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            (C) A person who delivers or possesses with intent 
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        to deliver 15 or more grams but less than 100 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 6 years and 
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        not more than 30 years, and subject to a fine not to 
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        exceed $100,000 or the street value of the 
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        methamphetamine, whichever is greater.
            
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            (D) A person who delivers or possesses with intent 
 


 






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        to deliver 100 or more grams but less than 400 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 9 years and 
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        not more than 40 years, and subject to a fine not to 
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        exceed $200,000 or the street value of the 
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        methamphetamine, whichever is greater.
            
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            (E) A person who delivers or possesses with intent 
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        to deliver 400 or more grams but less than 900 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 12 years and 
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        not more than 50 years, and subject to a fine not to 
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        exceed $300,000 or the street value of the 
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        methamphetamine, whichever is greater.
            
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            (F) A person who delivers or possesses with intent 
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        to deliver 900 or more grams of methamphetamine or a 
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        substance containing methamphetamine is guilty of a 
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        Class X felony, subject to a term of imprisonment of 
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        not less than 15 years and not more than 60 years, and 
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        subject to a fine not to exceed $400,000 or the street 
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        value of the methamphetamine, whichever is greater.
    
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    (b) Aggravated delivery or possession with intent to 
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deliver methamphetamine or a substance containing 
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methamphetamine.
        
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        (1) It is unlawful to engage in the aggravated delivery 
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    or possession with intent to deliver methamphetamine or a 
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    substance containing methamphetamine. A person engages in 
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    the aggravated delivery or possession with intent to 
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    deliver methamphetamine or a substance containing 
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    methamphetamine when the person violates paragraph (1) of 
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    subsection (a) of this Section and:
            
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            (A) the person is at least 18 years of age and 
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        knowingly delivers or possesses with intent to deliver 
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        the methamphetamine or substance containing         
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        methamphetamine to a person under 18 years of age;
            
 


 






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            (B) the person is at least 18 years of age and 
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        knowingly uses, engages, employs, or causes another 
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        person to use, engage, or employ a person under 18 
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        years of age to deliver the methamphetamine or 
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        substance containing methamphetamine;
            
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            (C) the person knowingly delivers or possesses 
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        with intent to deliver the methamphetamine or 
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        substance containing methamphetamine in any structure 
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        or vehicle protected by one or more firearms, explosive 
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        devices, booby traps, alarm systems, surveillance 
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        systems, guard dogs, or dangerous animals;
            
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            (D) the person knowingly delivers or possesses 
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        with intent to deliver the methamphetamine or 
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        substance containing methamphetamine in any school, on 
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        any real property comprising any school, or in any 
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        conveyance owned, leased, or contracted by a school to 
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        transport students to or from school or a 
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        school-related activity;
            
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            (E) the person delivers or causes another person to 
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        deliver the methamphetamine or substance containing 
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        methamphetamine to a woman that the person knows to be 
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        pregnant;
            or
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            (F) (blank)
the person knowingly brings or causes 
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        another to bring the methamphetamine or substance 
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        containing methamphetamine into Illinois from a 
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        location outside of Illinois.
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        (2) A person who violates paragraph (1) of this 
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    subsection (b) is subject to the following penalties:
            
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            (A) A person who delivers or possesses with intent 
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        to deliver less than 5 grams of methamphetamine or a 
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        substance containing methamphetamine is guilty of a 
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        Class 1 felony.
            
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            (B) A person who delivers or possesses with intent 
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        to deliver 5 or more grams but less than 15 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
 


 






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        to a term of imprisonment of not less than 6 years and 
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        not more than 30 years, and subject to a fine not to 
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        exceed $100,000 or the street value of the 
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        methamphetamine, whichever is greater.
            
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            (C) A person who delivers or possesses with intent 
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        to deliver 15 or more grams but less than 100 grams of 
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        methamphetamine or a substance containing 
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        methamphetamine is guilty of a Class X felony, subject 
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        to a term of imprisonment of not less than 8 years and 
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        not more than 40 years, and subject to a fine not to 
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        exceed $200,000 or the street value of the 
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        methamphetamine, whichever is greater.
            
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            (D) A person who delivers or possesses with intent 
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        to deliver 100 or more grams of methamphetamine or a 
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        substance containing methamphetamine is guilty of a 
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        Class X felony, subject to a term of imprisonment of 
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        not less than 10 years and not more than 50 years, and 
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        subject to a fine not to exceed $300,000 or the street 
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        value of the methamphetamine, whichever is greater.


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(Source: P.A. 94-556, eff. 9-11-05.)
 
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    (720 ILCS 646/56  new)
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    Sec. 56. Methamphetamine trafficking.
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    (a) Except for purposes as authorized by this Act, any 
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person who knowingly brings, or causes to be brought, into this 
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State anhydrous ammonia or a methamphetamine precursor for the 
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purpose of manufacture or delivery or with the intent to 
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manufacture or deliver methamphetamine is guilty of 
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methamphetamine trafficking.
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    (b) A person convicted of methamphetamine trafficking 
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shall be sentenced to a term of imprisonment of not less than 
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twice the minimum term and not more than twice the maximum term 
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of imprisonment based upon the amount of methamphetamine or 
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methamphetamine precursor brought or caused to be brought into 
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this State.
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    (c) A person convicted of methamphetamine trafficking 
 


 






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based upon anhydrous ammonia under paragraph (1) of subsection  
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(a) of Section 25 of this Act shall be sentenced to a term of 
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imprisonment of not less than twice the minimum term and not 
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more than twice the maximum term of imprisonment provided in 
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paragraph (1) of subsection  (a) of Section 25 of this Act.


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.