Sen. William R. Haine

Filed: 2/1/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2391

2     AMENDMENT NO. ______. Amend Senate Bill 2391 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Methamphetamine Control and Community
5 Protection Act is amended by changing Sections 15, 20, 25, 30,
6 45, and 55 and by adding Section 56 as follows:
 
7     (720 ILCS 646/15)
8     Sec. 15. Participation in methamphetamine manufacturing.
9     (a) Participation in methamphetamine manufacturing.
10         (1) It is unlawful to knowingly participate in the
11     manufacture of methamphetamine with the intent that
12     methamphetamine or a substance containing methamphetamine
13     be produced.
14         (2) A person who violates paragraph (1) of this
15     subsection (a) is subject to the following penalties:
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 1
19         felony.
20             (B) A person who participates in the manufacture of
21         15 or more grams but less than 100 grams of
22         methamphetamine or a substance containing
23         methamphetamine is guilty of a Class X felony, subject
24         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.
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.
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.
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.
27     (b) Aggravated participation in methamphetamine
28 manufacturing.
29         (1) It is unlawful to engage in aggravated
30     participation in the manufacture of methamphetamine. A
31     person engages in aggravated participation in the
32     manufacture of methamphetamine when the person violates
33     paragraph (1) of subsection (a) and:
34             (A) the person knowingly does so in a multi-unit

 

 

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1         dwelling;
2             (B) the person knowingly does so in a structure or
3         vehicle where a child under the age of 18, a person
4         with a disability, or a person 60 years of age or older
5         who is incapable of adequately providing for his or her
6         own health and personal care resides, is present, or is
7         endangered by the manufacture of methamphetamine;
8             (C) the person does so in a structure or vehicle
9         where a woman the person knows to be pregnant
10         (including but not limited to the person herself)
11         resides, is present, or is endangered by the
12         methamphetamine manufacture;
13             (D) the person knowingly does so in a structure or
14         vehicle protected by one or more firearms, explosive
15         devices, booby traps, alarm systems, surveillance
16         systems, guard dogs, or dangerous animals;
17             (E) the methamphetamine manufacturing in which the
18         person participates is a contributing cause of the
19         death, serious bodily injury, disability, or
20         disfigurement of another person, including but not
21         limited to an emergency service provider;
22             (F) the methamphetamine manufacturing in which the
23         person participates is a contributing cause of a fire
24         or explosion that damages property belonging to
25         another person; or
26             (G) the person knowingly organizes, directs, or
27         finances the methamphetamine manufacturing or
28         activities carried out in support of the
29         methamphetamine manufacturing.
30         (2) A person who violates paragraph (1) of this
31     subsection (b) is subject to the following penalties:
32             (A) A person who participates in the manufacture of
33         less than 15 grams of methamphetamine or a substance
34         containing methamphetamine is guilty of a Class X

 

 

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1         felony, subject to a term of imprisonment of not less
2         than 6 years and not more than 30 years, and subject to
3         a fine not to exceed $100,000 or the street value of
4         the methamphetamine, whichever is greater.
5             (B) A person who participates in the manufacture of
6         15 or more grams but less than 100 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 9 years and
10         not more than 40 years, and subject to a fine not to
11         exceed $200,000 or the street value of the
12         methamphetamine, whichever is greater.
13             (C) A person who participates in the manufacture of
14         100 or more grams but less than 400 grams of
15         methamphetamine or a substance containing
16         methamphetamine is guilty of a Class X felony, subject
17         to a term of imprisonment of not less than 12 years and
18         not more than 50 years, and subject to a fine not to
19         exceed $300,000 or the street value of the
20         methamphetamine, whichever is greater.
21             (D) A person who participates in the manufacture of
22         400 grams or more of methamphetamine or a substance
23         containing methamphetamine is guilty of a Class X
24         felony, subject to a term of imprisonment of not less
25         than 15 years and not more than 60 years, and subject
26         to a fine not to exceed $400,000 or the street value of
27         the methamphetamine, whichever is greater.
28 (Source: P.A. 94-556, eff. 9-11-05.)
 
29     (720 ILCS 646/20)
30     Sec. 20. Methamphetamine precursor.
31     (a) Methamphetamine precursor or substance containing any
32 methamphetamine precursor in standard dosage form.
33         (1) It is unlawful to knowingly possess, procure,

 

 

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1     transport, store, or deliver any methamphetamine precursor
2     or substance containing any methamphetamine precursor in
3     standard dosage form with the intent that it be used to
4     manufacture methamphetamine or a substance containing
5     methamphetamine.
6         (2) A person who violates paragraph (1) of this
7     subsection (a) is subject to the following penalties:
8             (A) A person who possesses, procures, transports,
9         stores, or delivers less than 15 grams of
10         methamphetamine precursor or substance containing any
11         methamphetamine precursor is guilty of a Class 2
12         felony.
13             (B) A person who possesses, procures, transports,
14         stores, or delivers 15 or more grams but less than 30
15         grams of methamphetamine precursor or substance
16         containing any methamphetamine precursor is guilty of
17         a Class 1 felony.
18             (C) A person who possesses, procures, transports,
19         stores, or delivers 30 or more grams but less than 150
20         grams of methamphetamine precursor or substance
21         containing any methamphetamine precursor is guilty of
22         a Class X felony, subject to a term of imprisonment of
23         not less than 6 years and not more than 30 years, and
24         subject to a fine not to exceed $100,000.
25             (D) A person who possesses, procures, transports,
26         stores, or delivers 150 or more grams but less than 500
27         grams of methamphetamine precursor or substance
28         containing any methamphetamine precursor is guilty of
29         a Class X felony, subject to a term of imprisonment of
30         not less than 8 years and not more than 40 years, and
31         subject to a fine not to exceed $200,000.
32             (E) A person who possesses, procures, transports,
33         stores, or delivers 500 or more grams of
34         methamphetamine precursor or substance containing any

 

 

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1         methamphetamine precursor is guilty of a Class X
2         felony, subject to a term of imprisonment of not less
3         than 10 years and not more than 50 years, and subject
4         to a fine not to exceed $300,000.
5     (b) Methamphetamine precursor or substance containing any
6 methamphetamine precursor in any form other than a standard
7 dosage form.
8         (1) It is unlawful to knowingly possess, procure,
9     transport, store, or deliver any methamphetamine precursor
10     or substance containing any methamphetamine precursor in
11     any form other than a standard dosage form with the intent
12     that it be used to manufacture methamphetamine or a
13     substance containing methamphetamine.
14         (2) A person who violates paragraph (1) of this
15     subsection (b) is subject to the following penalties:
16             (A) A person who violates paragraph (1) of this
17         subsection (b) with the intent that less than 10 grams
18         of methamphetamine or a substance containing
19         methamphetamine be manufactured is guilty of a Class 2
20         felony.
21             (B) A person who violates paragraph (1) of this
22         subsection (b) with the intent that 10 or more grams
23         but less than 20 grams of methamphetamine or a
24         substance containing methamphetamine be manufactured
25         is guilty of a Class 1 felony.
26             (C) A person who violates paragraph (1) of this
27         subsection (b) with the intent that 20 or more grams
28         but less than 100 grams of methamphetamine or a
29         substance containing methamphetamine be manufactured
30         is guilty of a Class X felony, subject to a term of
31         imprisonment of not less than 6 years and not more than
32         30 years, and subject to a fine not to exceed $100,000.
33             (D) A person who violates paragraph (1) of this
34         subsection (b) with the intent that 100 or more grams

 

 

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1         but less than 350 grams of methamphetamine or a
2         substance containing methamphetamine be manufactured
3         is guilty of a Class X felony, subject to a term of
4         imprisonment of not less than 8 years and not more than
5         40 years, and subject to a fine not to exceed $200,000.
6             (E) A person who violates paragraph (1) of this
7         subsection (b) with the intent that 350 or more grams
8         of methamphetamine or a substance containing
9         methamphetamine be manufactured is guilty of a Class X
10         felony, subject to a term of imprisonment of not less
11         than 10 years and not more than 50 years, and subject
12         to a fine not to exceed $300,000.
13     (c) Rule of evidence. The presence of any methamphetamine
14 precursor in a sealed, factory imprinted container, including,
15 but not limited to, a bottle, box, package, or blister pack, at
16 the time of seizure by law enforcement, is prima facie evidence
17 that the methamphetamine precursor located within the
18 container is in fact the material so described and in the
19 amount listed on the container. The factory imprinted container
20 is admissible for a violation of this Act for purposes of
21 proving the contents of the container.
22 (Source: P.A. 94-556, eff. 9-11-05.)
 
23     (720 ILCS 646/25)
24     Sec. 25. Anhydrous ammonia.
25     (a) Possession, procurement, transportation, storage, or
26 delivery of anhydrous ammonia with the intent that it be used
27 to manufacture methamphetamine.
28         (1) It is unlawful to knowingly engage in the
29     possession, procurement, transportation, storage, or
30     delivery of anhydrous ammonia or to attempt to engage in
31     any of these activities or to assist another in engaging in
32     any of these activities with the intent that the anhydrous
33     ammonia be used to manufacture methamphetamine.

 

 

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1         (2) A person who violates paragraph (1) of this
2     subsection (a) is guilty of a Class 1 felony.
3     (b) Aggravated possession, procurement, transportation,
4 storage, or delivery of anhydrous ammonia with the intent that
5 it be used to manufacture methamphetamine.
6         (1) It is unlawful to knowingly engage in the
7     aggravated possession, procurement, transportation,
8     storage, or delivery of anhydrous ammonia with the intent
9     that it be used to manufacture methamphetamine. A person
10     commits this offense when the person engages in the
11     possession, procurement, transportation, storage, or
12     delivery of anhydrous ammonia or attempts to engage in any
13     of these activities or assists another in engaging in any
14     of these activities with the intent that the anhydrous
15     ammonia be used to manufacture methamphetamine and:
16             (A) the person knowingly does so in a multi-unit
17         dwelling;
18             (B) the person knowingly does so in a structure or
19         vehicle where a child under the age of 18, or a person
20         with a disability, or a person who is 60 years of age
21         or older who is incapable of adequately providing for
22         his or her own health and personal care resides, is
23         present, or is endangered by the anhydrous ammonia;
24             (C) the person's possession, procurement,
25         transportation, storage, or delivery of anhydrous
26         ammonia is a contributing cause of the death, serious
27         bodily injury, disability, or disfigurement of another
28         person; or
29             (D) the person's possession, procurement,
30         transportation, storage, or delivery of anhydrous
31         ammonia is a contributing cause of a fire or explosion
32         that damages property belonging to another person.
33         (2) A person who violates paragraph (1) of this
34     subsection (b) is guilty of a Class X felony, subject to a

 

 

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1     term of imprisonment of not less than 6 years and not more
2     than 30 years, and subject to a fine not to exceed
3     $100,000.
4     (c) Possession, procurement, transportation, storage, or
5 delivery of anhydrous ammonia in an unauthorized container.
6         (1) It is unlawful to knowingly possess, procure,
7     transport, store, or deliver anhydrous ammonia in an
8     unauthorized container.
9         (2) A person who violates paragraph (1) of this
10     subsection (c) is guilty of a Class 3 felony.
11         (3) Affirmative defense. It is an affirmative defense
12     that the person charged possessed, procured, transported,
13     stored, or delivered anhydrous ammonia in a manner that
14     substantially complied with the rules governing anhydrous
15     ammonia equipment found in 8 Illinois Administrative Code
16     Section 215, in 92 Illinois Administrative Code Sections
17     171 through 180, or in any provision of the Code of Federal
18     Regulations incorporated by reference into these Sections
19     of the Illinois Administrative Code.
20     (d) Tampering with anhydrous ammonia equipment.
21         (1) It is unlawful to knowingly tamper with anhydrous
22     ammonia equipment. A person tampers with anhydrous ammonia
23     equipment when, without authorization from the lawful
24     owner, the person:
25             (A) removes or attempts to remove anhydrous
26         ammonia from the anhydrous ammonia equipment used by
27         the lawful owner;
28             (B) damages or attempts to damage the anhydrous
29         ammonia equipment used by the lawful owner; or
30             (C) vents or attempts to vent anhydrous ammonia
31         into the environment.
32         (2) A person who violates paragraph (1) of this
33     subsection (d) is guilty of a Class 3 felony.
34 (Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

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1     (720 ILCS 646/30)
2     Sec. 30. Methamphetamine manufacturing material.
3     (a) It is unlawful to knowingly engage in the possession,
4 procurement, transportation, storage, or delivery of any
5 methamphetamine manufacturing material, other than a
6 methamphetamine precursor, substance containing a
7 methamphetamine precursor, or anhydrous ammonia, with the
8 intent that it be used to manufacture methamphetamine.
9     (b) A person who violates subsection (a) of this Section is
10 guilty of a Class 2 felony.
11 (Source: P.A. 94-556, eff. 9-11-05.)
 
12     (720 ILCS 646/45)
13     Sec. 45. Methamphetamine manufacturing waste.
14     (a) It is unlawful to knowingly burn, place in a trash
15 receptacle, or dispose of methamphetamine manufacturing waste,
16 knowing that the waste was used in the manufacturing of
17 methamphetamine.
18     (b) A person who violates subsection (a) of this Section is
19 guilty of a Class 2 felony.
20 (Source: P.A. 94-556, eff. 9-11-05.)
 
21     (720 ILCS 646/55)
22     Sec. 55. Methamphetamine delivery.
23     (a) Delivery or possession with intent to deliver
24 methamphetamine or a substance containing methamphetamine.
25         (1) It is unlawful knowingly to engage in the delivery
26     or possession with intent to deliver methamphetamine or a
27     substance containing methamphetamine.
28         (2) A person who violates paragraph (1) of this
29     subsection (a) is subject to the following penalties:
30             (A) A person who delivers or possesses with intent
31         to deliver less than 5 grams of methamphetamine or a

 

 

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1         substance containing methamphetamine is guilty of a
2         Class 2 felony.
3             (B) A person who delivers or possesses with intent
4         to deliver 5 or more grams but less than 15 grams of
5         methamphetamine or a substance containing
6         methamphetamine is guilty of a Class 1 felony.
7             (C) A person who delivers or possesses with intent
8         to deliver 15 or more grams but less than 100 grams of
9         methamphetamine or a substance containing
10         methamphetamine is guilty of a Class X felony, subject
11         to a term of imprisonment of not less than 6 years and
12         not more than 30 years, and subject to a fine not to
13         exceed $100,000 or the street value of the
14         methamphetamine, whichever is greater.
15             (D) A person who delivers or possesses with intent
16         to deliver 100 or more grams but less than 400 grams of
17         methamphetamine or a substance containing
18         methamphetamine is guilty of a Class X felony, subject
19         to a term of imprisonment of not less than 9 years and
20         not more than 40 years, and subject to a fine not to
21         exceed $200,000 or the street value of the
22         methamphetamine, whichever is greater.
23             (E) A person who delivers or possesses with intent
24         to deliver 400 or more grams but less than 900 grams of
25         methamphetamine or a substance containing
26         methamphetamine is guilty of a Class X felony, subject
27         to a term of imprisonment of not less than 12 years and
28         not more than 50 years, and subject to a fine not to
29         exceed $300,000 or the street value of the
30         methamphetamine, whichever is greater.
31             (F) A person who delivers or possesses with intent
32         to deliver 900 or more grams of methamphetamine or a
33         substance containing methamphetamine is guilty of a
34         Class X felony, subject to a term of imprisonment of

 

 

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1         not less than 15 years and not more than 60 years, and
2         subject to a fine not to exceed $400,000 or the street
3         value of the methamphetamine, whichever is greater.
4     (b) Aggravated delivery or possession with intent to
5 deliver methamphetamine or a substance containing
6 methamphetamine.
7         (1) It is unlawful to engage in the aggravated delivery
8     or possession with intent to deliver methamphetamine or a
9     substance containing methamphetamine. A person engages in
10     the aggravated delivery or possession with intent to
11     deliver methamphetamine or a substance containing
12     methamphetamine when the person violates paragraph (1) of
13     subsection (a) of this Section and:
14             (A) the person is at least 18 years of age and
15         knowingly delivers or possesses with intent to deliver
16         the methamphetamine or substance containing
17         methamphetamine to a person under 18 years of age;
18             (B) the person is at least 18 years of age and
19         knowingly uses, engages, employs, or causes another
20         person to use, engage, or employ a person under 18
21         years of age to deliver the methamphetamine or
22         substance containing methamphetamine;
23             (C) the person knowingly delivers or possesses
24         with intent to deliver the methamphetamine or
25         substance containing methamphetamine in any structure
26         or vehicle protected by one or more firearms, explosive
27         devices, booby traps, alarm systems, surveillance
28         systems, guard dogs, or dangerous animals;
29             (D) the person knowingly delivers or possesses
30         with intent to deliver the methamphetamine or
31         substance containing methamphetamine in any school, on
32         any real property comprising any school, or in any
33         conveyance owned, leased, or contracted by a school to
34         transport students to or from school or a

 

 

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1         school-related activity;
2             (E) the person delivers or causes another person to
3         deliver the methamphetamine or substance containing
4         methamphetamine to a woman that the person knows to be
5         pregnant; or
6             (F) (blank) the person knowingly brings or causes
7         another to bring the methamphetamine or substance
8         containing methamphetamine into Illinois from a
9         location outside of Illinois.
10         (2) A person who violates paragraph (1) of this
11     subsection (b) is subject to the following penalties:
12             (A) A person who delivers or possesses with intent
13         to deliver less than 5 grams of methamphetamine or a
14         substance containing methamphetamine is guilty of a
15         Class 1 felony.
16             (B) A person who delivers or possesses with intent
17         to deliver 5 or more grams but less than 15 grams of
18         methamphetamine or a substance containing
19         methamphetamine is guilty of a Class X felony, subject
20         to a term of imprisonment of not less than 6 years and
21         not more than 30 years, and subject to a fine not to
22         exceed $100,000 or the street value of the
23         methamphetamine, whichever is greater.
24             (C) A person who delivers or possesses with intent
25         to deliver 15 or more grams but less than 100 grams of
26         methamphetamine or a substance containing
27         methamphetamine is guilty of a Class X felony, subject
28         to a term of imprisonment of not less than 8 years and
29         not more than 40 years, and subject to a fine not to
30         exceed $200,000 or the street value of the
31         methamphetamine, whichever is greater.
32             (D) A person who delivers or possesses with intent
33         to deliver 100 or more grams of methamphetamine or a
34         substance containing methamphetamine is guilty of a

 

 

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1         Class X felony, subject to a term of imprisonment of
2         not less than 10 years and not more than 50 years, and
3         subject to a fine not to exceed $300,000 or the street
4         value of the methamphetamine, whichever is greater.
5 (Source: P.A. 94-556, eff. 9-11-05.)
 
6     (720 ILCS 646/56 new)
7     Sec. 56. Methamphetamine trafficking.
8     (a) Except for purposes as authorized by this Act, any
9 person who knowingly brings, or causes to be brought, into this
10 State methamphetamine, anhydrous ammonia, or a methamphetamine
11 precursor for the purpose of manufacture or delivery of
12 methamphetamine or with the intent to manufacture or deliver
13 methamphetamine is guilty of methamphetamine trafficking.
14     (b) A person convicted of methamphetamine trafficking
15 shall be sentenced to a term of imprisonment of not less than
16 twice the minimum term and not more than twice the maximum term
17 of imprisonment based upon the amount of methamphetamine
18 brought or caused to be brought into this State, as provided in
19 subsection (a) of Section 55 of this Act.
20     (c) A person convicted of methamphetamine trafficking
21 based upon a methamphetamine precursor shall be sentenced to a
22 term of imprisonment of not less than twice the minimum term
23 and not more than twice the maximum term of imprisonment based
24 upon the amount of methamphetamine precursor provided in
25 subsection (a) or (b) of Section 20 of this Act brought or
26 caused to brought into this State.
27     (d) A person convicted of methamphetamine trafficking
28 based upon anhydrous ammonia under paragraph (1) of subsection
29 (a) of Section 25 of this Act shall be sentenced to a term of
30 imprisonment of not less than twice the minimum term and not
31 more than twice the maximum term of imprisonment provided in
32 paragraph (1) of subsection (a) of Section 25 of this Act.
 

 

 

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