Rep. Jil Tracy
Filed: 5/23/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 274 




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    AMENDMENT NO. ______. Amend Senate Bill 274  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Methamphetamine Control and Community 
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Protection Act is amended  by changing Section 25 as follows:
 
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    (720 ILCS 646/25)

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    Sec. 25. Anhydrous ammonia.  
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    (a) Possession, procurement, transportation, storage, or 
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delivery of anhydrous ammonia with the intent that it be used 
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to manufacture methamphetamine.
        
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        (1) It is unlawful to knowingly engage in the 
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    possession, procurement, transportation, storage, or 
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    delivery of anhydrous ammonia or to attempt to engage in 
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    any of these activities or to assist another in engaging in 
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    any of these activities with the intent that the anhydrous 
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    ammonia be used to manufacture methamphetamine.
        
 


 






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        (2) A person who violates paragraph (1) of this 
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    subsection
    (a) is guilty of a Class 1 felony.
    
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    (b) Aggravated possession, procurement, transportation, 
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storage, or delivery of anhydrous ammonia with the intent that 
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it be used to manufacture methamphetamine.
        
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        (1) It is unlawful to knowingly engage in the 
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    aggravated possession, procurement, transportation, 
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    storage, or delivery of anhydrous ammonia with the intent 
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    that it be used to manufacture methamphetamine. A person 
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    commits this offense when the person engages in the 
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    possession, procurement, transportation, storage, or 
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    delivery of anhydrous ammonia or attempts to engage in any 
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    of these activities or assists another in engaging in any 
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    of these activities  with the intent that the anhydrous 
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    ammonia be used to manufacture methamphetamine and:
            
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            (A) the person knowingly does so in a multi-unit 
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        dwelling;
            
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            (B) the person knowingly does so in a structure or 
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        vehicle where a child under the age of 18, or a person 
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        with a disability, or a person who is 60 years of age 
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        or older who is incapable of adequately providing for 
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        his or her own health and personal care resides, is 
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        present, or is endangered by the anhydrous ammonia;
            
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            (C) the person's possession, procurement, 
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        transportation, storage, or delivery of anhydrous 
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        ammonia is a contributing cause of the death, serious 
 


 






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        bodily injury, disability, or disfigurement of another 
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        person; or
            
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            (D) the person's possession, procurement, 
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        transportation, storage, or delivery of anhydrous 
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        ammonia is a contributing cause of a fire or explosion 
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        that damages property belonging to another person.
        
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        (2) A person who violates paragraph (1) of this 
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    subsection (b) is guilty of a Class X felony, subject to a 
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    term of imprisonment of not less than 6 years and not more 
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    than 30 years, and subject to a fine not to exceed 
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    $100,000.
    
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    (c) Possession, procurement, transportation, storage, or 
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delivery of anhydrous ammonia in an unauthorized container.
        
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        (1) It is unlawful to knowingly possess, procure, 
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    transport, store, or deliver anhydrous ammonia in an 
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    unauthorized container.
        
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        (1.5) It is unlawful to attempt to possess, procure, 
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    transport, store, or deliver anhydrous ammonia in an 
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    unauthorized container.

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        (2) A person who violates paragraph (1) of this 
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    subsection (c) is guilty of a Class 3 felony.
        A person who 
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    violates paragraph (1.5) of this subsection (c) is guilty 
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    of a Class 4 felony.

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        (3) Affirmative defense. It is an affirmative defense 
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    that the person charged possessed, procured, transported, 
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    stored, or delivered anhydrous ammonia in a manner that 
 


 






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    substantially complied with the rules governing     anhydrous 
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    ammonia equipment found in 8 Illinois Administrative Code 
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    Section 215, in 92 Illinois Administrative Code Sections 
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    171 through 180, or in any     provision of the Code of Federal 
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    Regulations incorporated by reference into these Sections 
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    of the Illinois Administrative Code.
    
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    (d) Tampering with anhydrous ammonia equipment.
        
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        (1) It is unlawful to knowingly tamper with anhydrous 
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    ammonia equipment. A person tampers with anhydrous ammonia 
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    equipment when, without authorization from the lawful 
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    owner, the person:
            
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            (A) removes or attempts to remove anhydrous 
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        ammonia from the anhydrous ammonia equipment used by 
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        the lawful owner;
            
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            (B) damages or attempts to damage the anhydrous 
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        ammonia equipment used by the lawful owner; or
            
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            (C) vents or attempts to vent anhydrous ammonia
        
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        into the environment.
        
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        (2) A person who violates paragraph (1) of this 
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    subsection (d) is guilty of a Class 3 felony.


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(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 

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    Section 99. Effective date. This Act takes effect January 
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1, 2008.".