Rep. John D. Cavaletto

Filed: 3/26/2014

 

 


 

 


 
09800HB4866ham001LRB098 16477 RLC 56356 a

1
AMENDMENT TO HOUSE BILL 4866

2    AMENDMENT NO. ______. Amend House Bill 4866 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Use of Intoxicating Compounds Act is
5amended by changing Sections 1, 2, and 4 as follows:
 
6    (720 ILCS 690/1)  (from Ch. 38, par. 81-1)
7    Sec. 1. Use or possession prohibited.
8    (a) No person shall ingest, breathe, inhale or drink any
9compound, liquid, or chemical containing toluol, hexane,
10trichloroethylene, acetone, toluene, ethyl acetate, methyl
11ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
12ketone, methyl cellosolve acetate, cyclohexanone, the
13alkaloids atropine, hyoscyamine, or scopolamine, or any other
14substance for the purpose of inducing a condition of
15intoxication, stupefaction, depression, giddiness, paralysis
16or irrational behavior, or in any manner changing, distorting

 

 

09800HB4866ham001- 2 -LRB098 16477 RLC 56356 a

1or disturbing the auditory, visual or mental processes. For the
2purposes of this Act, any such condition so induced shall be
3deemed to be an intoxicated condition.
4    (b) No person shall possess any substance not listed in
5this Act for the purpose of inducing in the user a condition of
6intoxication, stupefaction, depression, giddiness, paralysis,
7or irrational behavior, or in any manner changing, distorting,
8or disturbing the auditory, visual, or mental processes. For
9the purposes of this Act, any of these conditions so induced
10shall be deemed to be an intoxicated condition. This subsection
11(b) does not apply to:
12        (1) distilled spirits, wine, malt beverages, or
13    tobacco, as those terms are defined or used in the Liquor
14    Control Act of 1934 and the Tobacco Products Tax Act of
15    1995;
16        (2) any product or substance regulated by the federal
17    Food and Drug Administration; or
18        (3) any controlled substance listed in the Illinois
19    Controlled Substances Act.
20(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
 
21    (720 ILCS 690/2)  (from Ch. 38, par. 81-2)
22    Sec. 2. Sale or delivery prohibited.
23    (a) No person shall knowingly sell or offer for sale,
24deliver or give to any person under 17 years of age, unless
25upon written order of such person's parent or guardian, any

 

 

09800HB4866ham001- 3 -LRB098 16477 RLC 56356 a

1compound, liquid, or chemical containing toluol, hexane,
2trichloroethylene, acetone, toluene, ethyl acetate, methyl
3ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
4ketone, methyl cellosolve acetate, cyclohexanone, or any other
5substance which will induce an intoxicated condition, as
6defined herein, when the seller, offeror, or deliverer knows or
7has reason to know that the compound is intended for use to
8induce such condition.
9    (b) No person shall knowingly sell or offer for sale,
10deliver, or give to any person any compound, liquid, or
11chemical containing alkaloids atropine, hyoscyamine, or
12scopolamine when the seller, offeror, or deliverer knows or has
13reason to know that the compound, liquid, or chemical is
14intended for use to induce an intoxicated condition.
15    (c) No person shall knowingly sell or offer for sale,
16deliver, or give to any person any substance not listed in this
17Act which will induce an intoxicated condition, as defined in
18this Act, when the seller, offeror, or deliverer knows or has
19reason to know that the compound is intended for use to induce
20that condition.
21(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
 
22    (720 ILCS 690/4)  (from Ch. 38, par. 81-4)
23    Sec. 4. Sentence.
24    (a) Except as otherwise provided in subsection (b), (c), or
25(d), violation of this Act is a Class C misdemeanor for a first

 

 

09800HB4866ham001- 4 -LRB098 16477 RLC 56356 a

1offense and a Class A misdemeanor for a second or subsequent
2offense.
3    (b) (1) The knowing ingestion of any compound, liquid, or
4    chemical containing the alkaloids atropine, hyoscyamine,
5    or scopolamine is a Class A misdemeanor.
6        (2) The sale, offer for sale, delivery, or giving to
7    any person of a compound, liquid, or chemical containing
8    the alkaloids atropine, hyoscyamine, or scopolamine is a
9    Class 4 felony.
10        (3) This subsection (b) does not prohibit the sale,
11    offer for sale, delivery, giving, or ingestion of a
12    compound, liquid, or chemical containing the alkaloids
13    atropine, hyoscyamine, or scopolamine under the direction
14    or prescription of a practitioner authorized to so direct
15    or prescribe as provided in Section 3.
16    (c) Any person who violates subsection (b) of Section 1 of
17this Act with respect to:
18        (1) not more than 2.5 grams of a prohibited substance
19    is guilty of a Class C misdemeanor;
20        (2) more than 2.5 grams but not more than 10 grams of a
21    prohibited substance is guilty of a Class B misdemeanor;
22        (3) more than 10 grams but not more than 30 grams of a
23    prohibited substance is guilty of a Class A misdemeanor;
24    provided, that if any offense under this subsection (c) is
25    a subsequent offense, the offender shall be guilty of a
26    Class 4 felony;

 

 

09800HB4866ham001- 5 -LRB098 16477 RLC 56356 a

1        (4) more than 30 grams but not more than 500 grams of a
2    prohibited substance is guilty of a Class 4 felony;
3    provided that if any offense under this subsection (c) is a
4    subsequent offense, the offender shall be guilty of a Class
5    3 felony;
6        (5) more than 500 grams but not more than 2,000 grams
7    of a prohibited substance is guilty of a Class 3 felony;
8        (6) more than 2,000 grams but not more than 5,000 grams
9    of a prohibited substance is guilty of a Class 2 felony;
10        (7) more than 5,000 grams of a prohibited substance is
11    guilty of a Class 1 felony.
12    (d) Any person who violates subsection (c) of Section 2 of
13this Act with respect to:
14        (1) not more than 2.5 grams of a prohibited substance
15    is guilty of a Class B misdemeanor;
16        (2) more than 2.5 grams but not more than 10 grams of a
17    prohibited substance is guilty of a Class A misdemeanor;
18        (3) more than 10 grams but not more than 30 grams of a
19    prohibited substance is guilty of a Class 4 felony;
20        (4) more than 30 grams but not more than 500 grams of a
21    prohibited substance is guilty of a Class 3 felony for
22    which a fine not to exceed $50,000 may be imposed;
23        (5) more than 500 grams but not more than 2,000 grams
24    of a prohibited substance is guilty of a Class 2 felony for
25    which a fine not to exceed $100,000 may be imposed;
26        (6) more than 2,000 grams but not more than 5,000 grams

 

 

09800HB4866ham001- 6 -LRB098 16477 RLC 56356 a

1    of a prohibited substance is guilty of a Class 1 felony for
2    which a fine not to exceed $150,000 may be imposed;
3        (7) more than 5,000 grams of a prohibited substance is
4    guilty of a Class X felony for which a fine not to exceed
5    $200,000 may be imposed.
6(Source: P.A. 96-1440, eff. 1-1-11.)".