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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5516 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED:
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Amends the Cannabis Control Act. Creates the offense of criminal cannabis conspiracy. Provides that a person commits the offense when, with
the intent that an offense of knowing possession of more than 30 grams of cannabis, or the knowing manufacture, delivery, or possession with the intent to manufacture or deliver more than 10 grams of cannabis, or delivery of more than 2.5 grams of cannabis on school grounds or producing or possessing more than 5 cannabis sativa plants be
committed, he or she agrees with another to the commission of that offense. Provides that a person may not be
convicted of conspiracy to commit the offense unless an act in furtherance of the
agreement is alleged and proved to have been committed by him or her or by a co-conspirator. Establishes penalties which are generally one penalty level higher than for the same offense under the General Conspiracy Statute. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5516 | | LRB098 18196 RLC 53325 b |
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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 Cannabis Control Act is amended by adding |
| 5 | | Section 9.1 as follows:
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| 6 | | (720 ILCS 550/9.1 new) |
| 7 | | Sec. 9.1. Criminal cannabis conspiracy. |
| 8 | | (a) A person commits criminal cannabis conspiracy when, |
| 9 | | with
the intent that an offense set forth in Section 4(d), |
| 10 | | 4(e), 4(f), 4(g), 5(c), 5(d), 5(e), 5(f),
5(g), 5.2(a), 5.2(b), |
| 11 | | 5.2(c), 5.2(d), 8(b), 8(c), 8(d), or 8(e) of this Act be
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| 12 | | committed, he or she agrees with another to the commission of |
| 13 | | that offense. A person may not be
convicted of conspiracy to |
| 14 | | commit the offense unless an act in furtherance of the
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| 15 | | agreement is alleged and proved to have been committed by him |
| 16 | | or her or by a co-conspirator. |
| 17 | | (b) Co-conspirators. It is not a defense to criminal |
| 18 | | cannabis conspiracy that the person or persons with
whom the |
| 19 | | accused is alleged to have conspired: |
| 20 | | (1) has not been prosecuted or convicted; or |
| 21 | | (2) has been convicted of a different offense; or |
| 22 | | (3) is not amenable to justice; or |
| 23 | | (4) has been acquitted; or |