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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 Methamphetamine Control and Community | ||||||
5 | Protection Act is amended by changing Section 15 as follows: | ||||||
6 | (720 ILCS 646/15)
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7 | Sec. 15. Participation in methamphetamine manufacturing. | ||||||
8 | (a) Participation in methamphetamine manufacturing.
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9 | (1) It is unlawful to knowingly participate in the | ||||||
10 | manufacture of methamphetamine with the intent that | ||||||
11 | methamphetamine or a substance containing methamphetamine | ||||||
12 | be produced.
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13 | (2) A person who violates paragraph (1) of this | ||||||
14 | subsection (a) is subject to the following penalties:
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15 | (A) A person who participates in the manufacture of | ||||||
16 | less than 15 grams of methamphetamine or a substance | ||||||
17 | containing methamphetamine is guilty of a Class 1 | ||||||
18 | felony.
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19 | (B) A person who participates in the manufacture of | ||||||
20 | 15 or more grams but less than 100 grams of | ||||||
21 | methamphetamine or a substance containing | ||||||
22 | methamphetamine is guilty of a Class X felony, subject | ||||||
23 | to a term of imprisonment of not less than 6 years and |
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1 | not more than 30 years, and subject to a fine not to | ||||||
2 | exceed $100,000 or the street value of the | ||||||
3 | methamphetamine manufactured, whichever is greater.
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4 | (C) A person who participates in the manufacture of | ||||||
5 | 100 or more grams but less than 400 grams of | ||||||
6 | methamphetamine or a substance containing | ||||||
7 | methamphetamine is guilty of a Class X felony, subject | ||||||
8 | to a term of imprisonment of not less than 9 years and | ||||||
9 | not more than 40 years, and subject to a fine not to | ||||||
10 | exceed $200,000 or the street value of the | ||||||
11 | methamphetamine manufactured, whichever is greater.
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12 | (D) A person who participates in the manufacture of | ||||||
13 | 400 or more grams but less than 900 grams of | ||||||
14 | methamphetamine or a substance containing | ||||||
15 | methamphetamine is guilty of a Class X felony, subject | ||||||
16 | to a term of imprisonment of not less than 12 years and | ||||||
17 | not more than 50 years, and subject to a fine not to | ||||||
18 | exceed $300,000 or the street value of the | ||||||
19 | methamphetamine manufactured, whichever is greater.
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20 | (E) A person who participates in the manufacture of | ||||||
21 | 900 grams or more of methamphetamine or a substance | ||||||
22 | containing methamphetamine is guilty of a Class X | ||||||
23 | felony, subject to a term of imprisonment of not less | ||||||
24 | than 15 years and not more than 60 years, and subject | ||||||
25 | to a fine not to exceed $400,000 or the street value of | ||||||
26 | the methamphetamine, whichever is greater.
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1 | (b) Aggravated participation in methamphetamine | ||||||
2 | manufacturing.
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3 | (1) It is unlawful to engage in aggravated | ||||||
4 | participation in the manufacture of methamphetamine. A | ||||||
5 | person engages in aggravated participation in the | ||||||
6 | manufacture of methamphetamine when the person violates | ||||||
7 | paragraph (1) of subsection (a) and:
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8 | (A) the person knowingly does so in a multi-unit | ||||||
9 | dwelling;
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10 | (B) the person knowingly does so in a structure or | ||||||
11 | vehicle where a child under the age of 18, a person | ||||||
12 | with a disability, or a person 60 years of age or older | ||||||
13 | who is incapable of adequately providing for his or her | ||||||
14 | own health and personal care resides, is present, or is | ||||||
15 | endangered by the manufacture of methamphetamine;
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16 | (C) the person does so in a structure or vehicle | ||||||
17 | where a woman the person knows to be pregnant | ||||||
18 | (including but not limited to the person herself) | ||||||
19 | resides, is present, or is endangered by the | ||||||
20 | methamphetamine manufacture;
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21 | (D) the person knowingly does so in a structure or | ||||||
22 | vehicle protected by one or more firearms, explosive | ||||||
23 | devices, booby traps, alarm systems, surveillance | ||||||
24 | systems, guard dogs, or dangerous animals;
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25 | (E) the methamphetamine manufacturing in which the | ||||||
26 | person participates is a contributing cause of the |
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1 | death, serious bodily injury, disability, or | ||||||
2 | disfigurement of another person, including but not | ||||||
3 | limited to an emergency service provider;
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4 | (F) the methamphetamine manufacturing in which the | ||||||
5 | person participates is a contributing cause of a fire | ||||||
6 | or explosion that damages property belonging to | ||||||
7 | another person; or
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8 | (G) the person knowingly organizes, directs, or | ||||||
9 | finances the methamphetamine manufacturing or | ||||||
10 | activities carried out in support of the | ||||||
11 | methamphetamine manufacturing ; or .
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12 | (H) the methamphetamine manufacturing occurs | ||||||
13 | within 1,000 feet of a place of worship or parsonage.
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14 | (2) A person who violates paragraph (1) of this | ||||||
15 | subsection (b) is subject to the following penalties:
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16 | (A) A person who participates in the manufacture of | ||||||
17 | less than 15 grams of methamphetamine or a substance | ||||||
18 | containing methamphetamine is guilty of a Class X | ||||||
19 | felony, subject to a term of imprisonment of not less | ||||||
20 | than 6 years and not more than 30 years, and subject to | ||||||
21 | a fine not to exceed $100,000 or the street value of | ||||||
22 | the methamphetamine, whichever is greater.
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23 | (B) A person who participates in the manufacture of | ||||||
24 | 15 or more grams but less than 100 grams of | ||||||
25 | methamphetamine or a substance containing | ||||||
26 | methamphetamine is guilty of a Class X felony, subject |
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1 | to a term of imprisonment of not less than 9 years and | ||||||
2 | not more than 40 years, and subject to a fine not to | ||||||
3 | exceed $200,000 or the street value of the | ||||||
4 | methamphetamine, whichever is greater.
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5 | (C) A person who participates in the manufacture of | ||||||
6 | 100 or more grams but less than 400 grams of | ||||||
7 | methamphetamine or a substance containing | ||||||
8 | methamphetamine is guilty of a Class X felony, subject | ||||||
9 | to a term of imprisonment of not less than 12 years and | ||||||
10 | not more than 50 years, and subject to a fine not to | ||||||
11 | exceed $300,000 or the street value of the | ||||||
12 | methamphetamine, whichever is greater.
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13 | (D) A person who participates in the manufacture of | ||||||
14 | 400 grams or more of methamphetamine or a substance | ||||||
15 | containing methamphetamine is guilty of a Class X | ||||||
16 | felony, subject to a term of imprisonment of not less | ||||||
17 | than 15 years and not more than 60 years, and subject | ||||||
18 | to a fine not to exceed $400,000 or the street value of | ||||||
19 | the methamphetamine, whichever is greater.
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20 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
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