HB5720 97TH GENERAL ASSEMBLY

LRB097 15988 RLC 61139 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5720

Introduced 2/16/2012, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

720 ILCS 550/4	from Ch. 56 1/2, par. 704
720 ILCS 550/10.2	from Ch. 56 1/2, par. 710.2

Amends the Cannabis Control Act. Provides that a person who knowingly possesses not more than 0.1 gram of any substance containing cannabis is guilty of a petty offense and shall be fined $100 for a first offense, $200 for a second offense, and $300 for a third or subsequent offense. Provides that a person convicted of a third or subsequent offense shall perform 20 hours of community service at a drug-abuse treatment center licensed by the Department of Human Services. Changes the allocation of fines under the Act. Provides that, in addition to the allocation of fines to units of government that made the seizure of the cannabis, proceeds of fines collected under the Act shall also be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, prevention and education services for both juveniles and adults. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Cannabis Control Act is amended by changing Sections 4 and 10.2 as follows:

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:

(a) not more than 0.1 gram 2.5 grams of any substance containing cannabis is guilty of a petty offense and shall be fined $100 for a first offense, $200 for a second offense, and $300 for a third or subsequent offense and ordered by the court to perform 20 hours of community service at a drug-abuse treatment center licensed by the Department of Human Services under the Alcoholism and Other Drug Abuse and Dependency Act Class C misdemeanor;

(a-5) more than 0.1 gram but not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;

(b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(Source: P.A. 90-397, eff. 8-15-97.)

(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)

Sec. 10.2. Allocation of fines.

(a) If the seizure was made by State law enforcement personnel, 6 1/4% Twelve and one-half percent of all amounts collected as fines pursuant to the provisions of this Act shall be paid into the Youth Drug Abuse Prevention Fund, which is hereby created in the State treasury, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, and prevention and education services, for juveniles.

(a-5) If the seizure was made by State law enforcement personnel, 6 1/4% of all amounts collected as fines pursuant to the provisions of this Act shall be paid into the Drug Treatment Fund, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, prevention and education services, for adults.

(b) Eighty-seven and one-half percent of the proceeds of all fines received under the provisions of this Act shall be transmitted to and deposited in the treasurer's office at the level of government as follows:

(1) (Blank). If such seizure was made by a combination of law enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.

(2) If such seizure was made by State law enforcement personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.

(3) (Blank). If a State law enforcement agency in combination with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.

(b-5) If such seizure was made by a combination of law enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. Six and one-quarter percent shall be paid into the Youth Drug Abuse Prevention Fund and 6 1/4% shall be paid into the Drug Treatment Fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2,000,000 in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. Six and one-quarter percent shall be paid into the Youth Drug Abuse Prevention Fund and 6 1/4% shall be paid into the Drug Treatment Fund. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2,000,000 in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government. Six and one-quarter percent shall be paid into the Youth Drug Abuse Prevention Fund and 6 1/4% shall be deposited into the Drug Treatment Fund. If a State law enforcement agency in combination with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 50% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.

(c) The proceeds of all fines allocated to the law enforcement agency or agencies of the unit or units of local government pursuant to subsections subsection (b) and (b-5) shall be made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. The proceeds of fines awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code. Monies from this fund may be used by the Department of State Police for use in the enforcement of laws regulating controlled substances and cannabis; to satisfy funding provisions of the Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses associated with returning violators of this Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in such Acts, when punishment of the crime shall be confinement of the criminal in the penitentiary; and all other monies shall be paid into the general revenue fund in the State treasury.

(Source: P.A. 94-556, eff. 9-11-05.)

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