HB1403 Enrolled LRB095 08409 RLC 28583 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Methamphetamine Control and Community
5 Protection Act is amended by changing Section 15 as follows:
 
6     (720 ILCS 646/15)
7     Sec. 15. Participation in methamphetamine manufacturing.
8     (a) Participation in methamphetamine manufacturing.
9         (1) It is unlawful to knowingly participate in the
10     manufacture of methamphetamine with the intent that
11     methamphetamine or a substance containing methamphetamine
12     be produced.
13         (2) A person who violates paragraph (1) of this
14     subsection (a) is subject to the following penalties:
15             (A) A person who participates in the manufacture of
16         less than 15 grams of methamphetamine or a substance
17         containing methamphetamine is guilty of a Class 1
18         felony.
19             (B) A person who participates in the manufacture of
20         15 or more grams but less than 100 grams of
21         methamphetamine or a substance containing
22         methamphetamine is guilty of a Class X felony, subject
23         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.

 

 

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1     (b) Aggravated participation in methamphetamine
2 manufacturing.
3         (1) It is unlawful to engage in aggravated
4     participation in the manufacture of methamphetamine. A
5     person engages in aggravated participation in the
6     manufacture of methamphetamine when the person violates
7     paragraph (1) of subsection (a) and:
8             (A) the person knowingly does so in a multi-unit
9         dwelling;
10             (B) the person knowingly does so in a structure or
11         vehicle where a child under the age of 18, a person
12         with a disability, or a person 60 years of age or older
13         who is incapable of adequately providing for his or her
14         own health and personal care resides, is present, or is
15         endangered by the manufacture of methamphetamine;
16             (C) the person does so in a structure or vehicle
17         where a woman the person knows to be pregnant
18         (including but not limited to the person herself)
19         resides, is present, or is endangered by the
20         methamphetamine manufacture;
21             (D) the person knowingly does so in a structure or
22         vehicle protected by one or more firearms, explosive
23         devices, booby traps, alarm systems, surveillance
24         systems, guard dogs, or dangerous animals;
25             (E) the methamphetamine manufacturing in which the
26         person participates is a contributing cause of the

 

 

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1         death, serious bodily injury, disability, or
2         disfigurement of another person, including but not
3         limited to an emergency service provider;
4             (F) the methamphetamine manufacturing in which the
5         person participates is a contributing cause of a fire
6         or explosion that damages property belonging to
7         another person; or
8             (G) the person knowingly organizes, directs, or
9         finances the methamphetamine manufacturing or
10         activities carried out in support of the
11         methamphetamine manufacturing; or .
12             (H) the methamphetamine manufacturing occurs
13         within 1,000 feet of a place of worship or parsonage.
14         (2) A person who violates paragraph (1) of this
15     subsection (b) 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 X
19         felony, subject to a term of imprisonment of not less
20         than 6 years and not more than 30 years, and subject to
21         a fine not to exceed $100,000 or the street value of
22         the methamphetamine, whichever is greater.
23             (B) A person who participates in the manufacture of
24         15 or more grams but less than 100 grams of
25         methamphetamine or a substance containing
26         methamphetamine is guilty of a Class X felony, subject

 

 

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1         to a term of imprisonment of not less than 9 years and
2         not more than 40 years, and subject to a fine not to
3         exceed $200,000 or the street value of the
4         methamphetamine, whichever is greater.
5             (C) A person who participates in the manufacture of
6         100 or more grams but less than 400 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 12 years and
10         not more than 50 years, and subject to a fine not to
11         exceed $300,000 or the street value of the
12         methamphetamine, whichever is greater.
13             (D) A person who participates in the manufacture of
14         400 grams or more of methamphetamine or a substance
15         containing methamphetamine is guilty of a Class X
16         felony, subject to a term of imprisonment of not less
17         than 15 years and not more than 60 years, and subject
18         to a fine not to exceed $400,000 or the street value of
19         the methamphetamine, whichever is greater.
20 (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)