093_SB1793enr SB1793 Enrolled LRB093 10498 RLC 10752 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Section 407 as follows: 6 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407) 7 Sec. 407. (a) (1)(A) Any person 18 years of age or over 8 who violates any subsection of Section 401 or subsection (b) 9 of Section 404 by delivering a controlled, counterfeit or 10 look-alike substance to a person under 18 years of age may be 11 sentenced to imprisonment for a term up to twice the maximum 12 term and fined an amount up to twice that amount otherwise 13 authorized by the pertinent subsection of Section 401 and 14 Subsection (b) of Section 404. 15 (B) Any person 18 years of age or over who violates 16 subdivision (a)(6.5), subdivision (a)(6.6), subdivision 17 (c)(6.5), subsection (c-5), subsection (d), or subsection 18 (d-5) of Section 401 by manufacturing methamphetamine, 19 preparing to manufacture methamphetamine, or storing 20 methamphetamine, methamphetamine ingredients, or 21 methamphetamine waste in any vehicle or real property where a 22 child under 18 years of age resides, is present, or is 23 otherwise endangered by exposure to the methamphetamine, 24 methamphetamine ingredients, methamphetamine waste, or 25 methamphetamine manufacturing process may be sentenced to 26 imprisonment for a term up to twice the maximum term and 27 fined an amount up to twice that amount otherwise authorized 28 by the pertinent subsection of Section 401 and subsection (b) 29 of Section 404. 30 (2) Except as provided in paragraph (3) of this 31 subsection, any person who violates: SB1793 Enrolled -2- LRB093 10498 RLC 10752 b 1 (A) subsection (c) of Section 401 by delivering or 2 possessing with intent to deliver a controlled, 3 counterfeit, or look-alike substance in or on, or within 4 1,000 feet of, a truck stop or safety rest area, is 5 guilty of a Class 1 felony, the fine for which shall not 6 exceed $250,000; 7 (B) subsection (d) of Section 401 by delivering or 8 possessing with intent to deliver a controlled, 9 counterfeit, or look-alike substance in or on, or within 10 1,000 feet of, a truck stop or safety rest area, is 11 guilty of a Class 2 felony, the fine for which shall not 12 exceed $200,000; 13 (C) subsection (e) of Section 401 or subsection (b) 14 of Section 404 by delivering or possessing with intent to 15 deliver a controlled, counterfeit, or look-alike 16 substance in or on, or within 1,000 feet of, a truck stop 17 or safety rest area, is guilty of a Class 3 felony, the 18 fine for which shall not exceed $150,000; 19 (D) subsection (f) of Section 401 by delivering or 20 possessing with intent to deliver a controlled, 21 counterfeit, or look-alike substance in or on, or within 22 1,000 feet of, a truck stop or safety rest area, is 23 guilty of a Class 3 felony, the fine for which shall not 24 exceed $125,000; 25 (E) subsection (g) of Section 401 by delivering or 26 possessing with intent to deliver a controlled, 27 counterfeit, or look-alike substance in or on, or within 28 1,000 feet of, a truck stop or safety rest area, is 29 guilty of a Class 3 felony, the fine for which shall not 30 exceed $100,000; 31 (F) subsection (h) of Section 401 by delivering or 32 possessing with intent to deliver a controlled, 33 counterfeit, or look-alike substance in or on, or within 34 1,000 feet of, a truck stop or safety rest area, is SB1793 Enrolled -3- LRB093 10498 RLC 10752 b 1 guilty of a Class 3 felony, the fine for which shall not 2 exceed $75,000; 3 (3) Any person who violates paragraph (2) of this 4 subsection (a) by delivering or possessing with intent to 5 deliver a controlled, counterfeit, or look-alike substance in 6 or on, or within 1,000 feet of a truck stop or a safety rest 7 area, following a prior conviction or convictions of 8 paragraph (2) of this subsection (a) may be sentenced to a 9 term of imprisonment up to 2 times the maximum term and fined 10 an amount up to 2 times the amount otherwise authorized by 11 Section 401. 12 (4) For the purposes of this subsection (a): 13 (A) "Safety rest area" means a roadside facility 14 removed from the roadway with parking and facilities 15 designed for motorists' rest, comfort, and information 16 needs; and 17 (B) "Truck stop" means any facility (and its 18 parking areas) used to provide fuel or service, or both, 19 to any commercial motor vehicle as defined in Section 20 18b-101 of the Illinois Vehicle Code. 21 (b) Any person who violates: 22 (1) subsection (c) of Section 401 in any school, or 23 any conveyance owned, leased or contracted by a school to 24 transport students to or from school or a school related 25 activity, or residential property owned, operated or 26 managed by a public housing agency or leased by a public 27 housing agency as part of a scattered site or 28 mixed-income development, or public park, on the real 29 property comprising any school or residential property 30 owned, operated or managed by a public housing agency or 31 leased by a public housing agency as part of a scattered 32 site or mixed-income development, or public park or 33 within 1,000 feet of the real property comprising any 34 school or residential property owned, operated or managed SB1793 Enrolled -4- LRB093 10498 RLC 10752 b 1 by a public housing agency or leased by a public housing 2 agency as part of a scattered site or mixed-income 3 development, or public park, on the real property 4 comprising any church, synagogue, or other building, 5 structure, or place used primarily for religious worship, 6 or within 1,000 feet of the real property comprising any 7 church, synagogue, or other building, structure, or place 8 used primarily for religious worship, on the real 9 property comprising any of the following places, 10 buildings, or structures used primarily for housing or 11 providing space for activities for senior citizens: 12 nursing homes, assisted-living centers, senior citizen 13 housing complexes, or senior centers oriented toward 14 daytime activities, or within 1,000 feet of the real 15 property comprising any of the following places, 16 buildings, or structures used primarily for housing or 17 providing space for activities for senior citizens: 18 nursing homes, assisted-living centers, senior citizen 19 housing complexes, or senior centers oriented toward 20 daytime activities is guilty of a Class X felony, the 21 fine for which shall not exceed $500,000; 22 (2) subsection (d) of Section 401 in any school, or 23 any conveyance owned, leased or contracted by a school to 24 transport students to or from school or a school related 25 activity, or residential property owned, operated or 26 managed by a public housing agency or leased by a public 27 housing agency as part of a scattered site or 28 mixed-income development, or public park, on the real 29 property comprising any school or residential property 30 owned, operated or managed by a public housing agency or 31 leased by a public housing agency as part of a scattered 32 site or mixed-income development, or public park or 33 within 1,000 feet of the real property comprising any 34 school or residential property owned, operated or managed SB1793 Enrolled -5- LRB093 10498 RLC 10752 b 1 by a public housing agency or leased by a public housing 2 agency as part of a scattered site or mixed-income 3 development, or public park, on the real property 4 comprising any church, synagogue, or other building, 5 structure, or place used primarily for religious worship, 6 or within 1,000 feet of the real property comprising any 7 church, synagogue, or other building, structure, or place 8 used primarily for religious worship, on the real 9 property comprising any of the following places, 10 buildings, or structures used primarily for housing or 11 providing space for activities for senior citizens: 12 nursing homes, assisted-living centers, senior citizen 13 housing complexes, or senior centers oriented toward 14 daytime activities, or within 1,000 feet of the real 15 property comprising any of the following places, 16 buildings, or structures used primarily for housing or 17 providing space for activities for senior citizens: 18 nursing homes, assisted-living centers, senior citizen 19 housing complexes, or senior centers oriented toward 20 daytime activities is guilty of a Class 1 felony, the 21 fine for which shall not exceed $250,000; 22 (3) subsection (e) of Section 401 or Subsection (b) 23 of Section 404 in any school, or any conveyance owned, 24 leased or contracted by a school to transport students to 25 or from school or a school related activity, or 26 residential property owned, operated or managed by a 27 public housing agency or leased by a public housing 28 agency as part of a scattered site or mixed-income 29 development, or public park, on the real property 30 comprising any school or residential property owned, 31 operated or managed by a public housing agency or leased 32 by a public housing agency as part of a scattered site or 33 mixed-income development, or public park or within 1,000 34 feet of the real property comprising any school or SB1793 Enrolled -6- LRB093 10498 RLC 10752 b 1 residential property owned, operated or managed by a 2 public housing agency or leased by a public housing 3 agency as part of a scattered site or mixed-income 4 development, or public park, on the real property 5 comprising any church, synagogue, or other building, 6 structure, or place used primarily for religious worship, 7 or within 1,000 feet of the real property comprising any 8 church, synagogue, or other building, structure, or place 9 used primarily for religious worship, on the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities, or within 1,000 feet of the real 16 property comprising any of the following places, 17 buildings, or structures used primarily for housing or 18 providing space for activities for senior citizens: 19 nursing homes, assisted-living centers, senior citizen 20 housing complexes, or senior centers oriented toward 21 daytime activities is guilty of a Class 2 felony, the 22 fine for which shall not exceed $200,000; 23 (4) subsection (f) of Section 401 in any school, or 24 any conveyance owned, leased or contracted by a school to 25 transport students to or from school or a school related 26 activity, or residential property owned, operated or 27 managed by a public housing agency or leased by a public 28 housing agency as part of a scattered site or 29 mixed-income development, or public park, on the real 30 property comprising any school or residential property 31 owned, operated or managed by a public housing agency or 32 leased by a public housing agency as part of a scattered 33 site or mixed-income development, or public park or 34 within 1,000 feet of the real property comprising any SB1793 Enrolled -7- LRB093 10498 RLC 10752 b 1 school or residential property owned, operated or managed 2 by a public housing agency or leased by a public housing 3 agency as part of a scattered site or mixed-income 4 development, or public park, on the real property 5 comprising any church, synagogue, or other building, 6 structure, or place used primarily for religious worship, 7 or within 1,000 feet of the real property comprising any 8 church, synagogue, or other building, structure, or place 9 used primarily for religious worship, on the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities, or within 1,000 feet of the real 16 property comprising any of the following places, 17 buildings, or structures used primarily for housing or 18 providing space for activities for senior citizens: 19 nursing homes, assisted-living centers, senior citizen 20 housing complexes, or senior centers oriented toward 21 daytime activities is guilty of a Class 2 felony, the 22 fine for which shall not exceed $150,000; 23 (5) subsection (g) of Section 401 in any school, or 24 any conveyance owned, leased or contracted by a school to 25 transport students to or from school or a school related 26 activity, or residential property owned, operated or 27 managed by a public housing agency or leased by a public 28 housing agency as part of a scattered site or 29 mixed-income development, or public park, on the real 30 property comprising any school or residential property 31 owned, operated or managed by a public housing agency or 32 leased by a public housing agency as part of a scattered 33 site or mixed-income development, or public park or 34 within 1,000 feet of the real property comprising any SB1793 Enrolled -8- LRB093 10498 RLC 10752 b 1 school or residential property owned, operated or managed 2 by a public housing agency or leased by a public housing 3 agency as part of a scattered site or mixed-income 4 development, or public park, on the real property 5 comprising any church, synagogue, or other building, 6 structure, or place used primarily for religious worship, 7 or within 1,000 feet of the real property comprising any 8 church, synagogue, or other building, structure, or place 9 used primarily for religious worship, on the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities, or within 1,000 feet of the real 16 property comprising any of the following places, 17 buildings, or structures used primarily for housing or 18 providing space for activities for senior citizens: 19 nursing homes, assisted-living centers, senior citizen 20 housing complexes, or senior centers oriented toward 21 daytime activities is guilty of a Class 2 felony, the 22 fine for which shall not exceed $125,000; 23 (6) subsection (h) of Section 401 in any school, or 24 any conveyance owned, leased or contracted by a school to 25 transport students to or from school or a school related 26 activity, or residential property owned, operated or 27 managed by a public housing agency or leased by a public 28 housing agency as part of a scattered site or 29 mixed-income development, or public park, on the real 30 property comprising any school or residential property 31 owned, operated or managed by a public housing agency or 32 leased by a public housing agency as part of a scattered 33 site or mixed-income development, or public park or 34 within 1,000 feet of the real property comprising any SB1793 Enrolled -9- LRB093 10498 RLC 10752 b 1 school or residential property owned, operated or managed 2 by a public housing agency or leased by a public housing 3 agency as part of a scattered site or mixed-income 4 development, or public park, on the real property 5 comprising any church, synagogue, or other building, 6 structure, or place used primarily for religious worship, 7 or within 1,000 feet of the real property comprising any 8 church, synagogue, or other building, structure, or place 9 used primarily for religious worship, on the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities, or within 1,000 feet of the real 16 property comprising any of the following places, 17 buildings, or structures used primarily for housing or 18 providing space for activities for senior citizens: 19 nursing homes, assisted-living centers, senior citizen 20 housing complexes, or senior centers oriented toward 21 daytime activities is guilty of a Class 2 felony, the 22 fine for which shall not exceed $100,000. 23 (c) Regarding penalties prescribed in subsection (b) for 24 violations committed in a school or on or within 1,000 feet 25 of school property, the time of day, time of year and whether 26 classes were currently in session at the time of the offense 27 is irrelevant. 28 (Source: P.A. 91-353, eff. 1-1-00; 91-673, eff. 12-22-99; 29 92-16, eff. 6-28-01.)