| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
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 Cannabis Control Act is amended by changing | ||||||||||||||||||||||||||||
5 | Section 5.2 as follows:
| ||||||||||||||||||||||||||||
6 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||||||||||||||||||||||||
7 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||||||||||||||||||||||||
8 | (a) Any person who violates subsection (e) of Section 5 in | ||||||||||||||||||||||||||||
9 | any school,
on the real property comprising any school, or any | ||||||||||||||||||||||||||||
10 | conveyance owned, leased
or contracted by a school to transport | ||||||||||||||||||||||||||||
11 | students to or from school or a
school related activity, or on | ||||||||||||||||||||||||||||
12 | any public way within
1,000 feet of the real property | ||||||||||||||||||||||||||||
13 | comprising any school, or any conveyance
owned, leased or | ||||||||||||||||||||||||||||
14 | contracted by a school to transport students to or from
school | ||||||||||||||||||||||||||||
15 | or a school related activity, and at the time of the violation | ||||||||||||||||||||||||||||
16 | persons under the age 18 are present, the offense is committed | ||||||||||||||||||||||||||||
17 | during school hours, or the offense is committed at times when | ||||||||||||||||||||||||||||
18 | persons under the age of 18 are reasonably expected to be | ||||||||||||||||||||||||||||
19 | present in the school, in the conveyance, on the real property, | ||||||||||||||||||||||||||||
20 | or on the public way, such as when after-school activities are | ||||||||||||||||||||||||||||
21 | occurring, is guilty of a Class
1 felony, the fine for which | ||||||||||||||||||||||||||||
22 | shall not exceed $200,000;
| ||||||||||||||||||||||||||||
23 | (b) Any person who violates subsection (d) of Section 5 in |
| |||||||
| |||||||
1 | any school,
on the real property comprising any school, or any | ||||||
2 | conveyance owned, leased
or contracted by a school to transport | ||||||
3 | students to or from school or a
school related activity, or on | ||||||
4 | any public way within 1,000 feet of the real
property | ||||||
5 | comprising any school, or any conveyance owned, leased or
| ||||||
6 | contracted by a school to transport students to or from school | ||||||
7 | or a school
related activity, and at the time of the violation | ||||||
8 | persons under the age 18 are present, the offense is committed | ||||||
9 | during school hours, or the offense is committed at times when | ||||||
10 | persons under the age of 18 are reasonably expected to be | ||||||
11 | present in the school, in the conveyance, on the real property, | ||||||
12 | or on the public way, such as when after-school activities are | ||||||
13 | occurring, is guilty of a Class 2 felony, the fine for which | ||||||
14 | shall
not exceed $100,000;
| ||||||
15 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
16 | any school,
on the real property comprising any school, or any | ||||||
17 | conveyance owned, leased
or contracted by a school to transport | ||||||
18 | students to or from school or a
school related activity, or on | ||||||
19 | any public way within 1,000 feet of the real
property | ||||||
20 | comprising any school, or any conveyance owned, leased or
| ||||||
21 | contracted by a school to transport students to or from school | ||||||
22 | or a school
related activity, and at the time of the violation | ||||||
23 | persons under the age 18 are present, the offense is committed | ||||||
24 | during school hours, or the offense is committed at times when | ||||||
25 | persons under the age of 18 are reasonably expected to be | ||||||
26 | present in the school, in the conveyance, on the real property, |
| |||||||
| |||||||
1 | or on the public way, such as when after-school activities are | ||||||
2 | occurring, is guilty of a Class 3 felony, the fine for which | ||||||
3 | shall
not exceed $50,000;
| ||||||
4 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
5 | any school,
on the real property comprising any school, or any | ||||||
6 | conveyance owned, leased
or contracted by a school to transport | ||||||
7 | students to or from school or a
school related activity, or on | ||||||
8 | any public way within 1,000 feet of the real
property | ||||||
9 | comprising any school, or any conveyance owned, leased or
| ||||||
10 | contracted by a school to transport students to or from school | ||||||
11 | or a school
related activity, and at the time of the violation | ||||||
12 | persons under the age 18 are present, the offense is committed | ||||||
13 | during school hours, or the offense is committed at times when | ||||||
14 | persons under the age of 18 are reasonably expected to be | ||||||
15 | present in the school, in the conveyance, on the real property, | ||||||
16 | or on the public way, such as when after-school activities are | ||||||
17 | occurring, is guilty of a Class 4 felony, the fine for which | ||||||
18 | shall
not exceed $25,000;
| ||||||
19 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
20 | any school,
on the real property comprising any school, or any | ||||||
21 | conveyance owned, leased
or contracted by a school to transport | ||||||
22 | students to or from school or a
school related activity, on any | ||||||
23 | public way within 1,000 feet of the real
property comprising | ||||||
24 | any school, or any conveyance owned, leased or
contracted by a | ||||||
25 | school to transport students to or from school or a school
| ||||||
26 | related activity, and at the time of the violation persons |
| |||||||
| |||||||
1 | under the age 18 are present, the offense is committed during | ||||||
2 | school hours, or the offense is committed at times when persons | ||||||
3 | under the age of 18 are reasonably expected to be present in | ||||||
4 | the school, in the conveyance, on the real property, or on the | ||||||
5 | public way, such as when after-school activities are occurring, | ||||||
6 | is guilty of a Class A misdemeanor.
| ||||||
7 | (Source: P.A. 87-544.)
| ||||||
8 | Section 10. The Illinois Controlled Substances Act is | ||||||
9 | amended by changing Section 407 as follows:
| ||||||
10 | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||||||
11 | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||||||
12 | violates any
subsection of Section 401 or subsection (b) of | ||||||
13 | Section 404 by delivering a
controlled, counterfeit or | ||||||
14 | look-alike substance to a person under 18 years
of age may be | ||||||
15 | sentenced to imprisonment for a term up to twice the maximum
| ||||||
16 | term and fined an amount up to twice that amount otherwise | ||||||
17 | authorized by
the pertinent subsection of Section 401 and | ||||||
18 | Subsection (b) of Section 404.
| ||||||
19 | (B) (Blank).
| ||||||
20 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
21 | any person
who violates:
| ||||||
22 | (A) subsection (c) of Section 401 by delivering or | ||||||
23 | possessing with
intent to deliver a controlled, | ||||||
24 | counterfeit, or look-alike substance in or
on, or within |
| |||||||
| |||||||
1 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
2 | of
a Class 1 felony, the fine for which shall not exceed | ||||||
3 | $250,000;
| ||||||
4 | (B) subsection (d) of Section 401 by delivering or | ||||||
5 | possessing with
intent to deliver a controlled, | ||||||
6 | counterfeit, or look-alike substance in or
on, or within | ||||||
7 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
8 | of
a Class 2 felony, the fine for which shall not exceed | ||||||
9 | $200,000;
| ||||||
10 | (C) subsection (e) of Section 401 or subsection (b) of | ||||||
11 | Section 404
by delivering or possessing with intent to | ||||||
12 | deliver a controlled,
counterfeit, or look-alike substance | ||||||
13 | in or on, or within 1,000 feet of, a
truck stop or safety | ||||||
14 | rest area, is guilty of a Class 3 felony, the fine for
| ||||||
15 | which shall not exceed $150,000;
| ||||||
16 | (D) subsection (f) of Section 401 by delivering or | ||||||
17 | possessing with
intent to deliver a controlled, | ||||||
18 | counterfeit, or look-alike substance in or
on, or within | ||||||
19 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
20 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
21 | $125,000;
| ||||||
22 | (E) subsection (g) of Section 401 by delivering or | ||||||
23 | possessing with
intent to deliver a controlled, | ||||||
24 | counterfeit, or look-alike substance in or
on, or within | ||||||
25 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
26 | of
a Class 3 felony, the fine for which shall not exceed |
| |||||||
| |||||||
1 | $100,000;
| ||||||
2 | (F) subsection (h) of Section 401 by delivering or | ||||||
3 | possessing with
intent to deliver a controlled, | ||||||
4 | counterfeit, or look-alike substance in or
on, or within | ||||||
5 | 1,000 feet of, a truck stop or safety rest area, is guilty | ||||||
6 | of
a Class 3 felony, the fine for which shall not exceed | ||||||
7 | $75,000;
| ||||||
8 | (3) Any person who violates paragraph (2) of this | ||||||
9 | subsection (a) by
delivering or possessing with intent to | ||||||
10 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
11 | or on, or within 1,000 feet of a truck stop or a
safety rest | ||||||
12 | area, following a prior conviction or convictions of paragraph
| ||||||
13 | (2) of this subsection (a) may be sentenced to a term of | ||||||
14 | imprisonment up to
2 times the maximum term and fined an amount | ||||||
15 | up to 2 times the amount
otherwise authorized by Section 401.
| ||||||
16 | (4) For the purposes of this subsection (a):
| ||||||
17 | (A) "Safety rest area" means a roadside facility | ||||||
18 | removed from the
roadway with parking and facilities | ||||||
19 | designed for motorists' rest, comfort,
and information | ||||||
20 | needs; and
| ||||||
21 | (B) "Truck stop" means any facility (and its parking | ||||||
22 | areas) used to
provide fuel or service, or both, to any | ||||||
23 | commercial motor vehicle as
defined in Section 18b-101 of | ||||||
24 | the Illinois Vehicle Code.
| ||||||
25 | (b) Any person who violates:
| ||||||
26 | (1) subsection (c) of Section 401 is guilty of a Class |
| |||||||
| |||||||
1 | X felony the fine for which shall not exceed $500,000 if he | ||||||
2 | or she commits the violation: | ||||||
3 | (A) in any school, or any conveyance
owned, leased | ||||||
4 | or contracted by a school to transport students to or | ||||||
5 | from
school or a school related activity, or on the | ||||||
6 | real property comprising any school, or within 1,000 | ||||||
7 | feet of the real property comprising any school, and at | ||||||
8 | the time of the violation persons under the age 18 are | ||||||
9 | present, the offense is committed during school hours, | ||||||
10 | or the offense is committed at times when persons under | ||||||
11 | the age of 18 are reasonably expected to be present in | ||||||
12 | the school, in the conveyance, or on the real property, | ||||||
13 | such as when after-school activities are occurring, | ||||||
14 | (B) on residential property owned, operated or
| ||||||
15 | managed by a public housing agency or leased by a | ||||||
16 | public housing agency as part
of a scattered site or | ||||||
17 | mixed-income development, or public park, on the real
| ||||||
18 | property comprising any school or residential property | ||||||
19 | owned, operated or
managed by a public housing agency | ||||||
20 | or leased by a public housing agency as part
of a | ||||||
21 | scattered site or mixed-income development, or public | ||||||
22 | park or
within 1,000 feet of the real property | ||||||
23 | comprising any school or
residential property owned, | ||||||
24 | operated or managed by a public housing
agency
or | ||||||
25 | leased by a public housing agency as part of a | ||||||
26 | scattered site or
mixed-income development, or public |
| |||||||
| |||||||
1 | park, | ||||||
2 | (C) on the real property comprising any
church, | ||||||
3 | synagogue, or
other building, structure, or place used | ||||||
4 | primarily for religious worship, or
within 1,000 feet | ||||||
5 | of the real property comprising any church, synagogue, | ||||||
6 | or
other building, structure, or place used primarily | ||||||
7 | for religious worship, or | ||||||
8 | (D) on
the real property comprising any of the | ||||||
9 | following places, buildings, or
structures used | ||||||
10 | primarily for housing or providing space for | ||||||
11 | activities for
senior citizens: nursing homes, | ||||||
12 | assisted-living centers, senior citizen housing
| ||||||
13 | complexes, or senior centers oriented toward daytime | ||||||
14 | activities, or within
1,000 feet of the real property | ||||||
15 | comprising any of the following places,
buildings, or | ||||||
16 | structures used primarily for housing or providing | ||||||
17 | space for
activities for senior citizens: nursing | ||||||
18 | homes, assisted-living centers, senior
citizen housing | ||||||
19 | complexes, or senior centers oriented toward daytime | ||||||
20 | activities
is guilty of a Class X felony, the fine for | ||||||
21 | which shall not
exceed $500,000 ;
| ||||||
22 | (2) subsection (d) of Section 401 is guilty of a Class | ||||||
23 | 1 felony the fine for which shall not exceed $250,000 if he | ||||||
24 | or she commits the violation: | ||||||
25 | (A) in any school, or any conveyance
owned, leased | ||||||
26 | or contracted by a school to transport students to or |
| |||||||
| |||||||
1 | from
school or a school related activity, or on the | ||||||
2 | real property comprising any school, or within 1,000 | ||||||
3 | feet of the real property comprising any school, and at | ||||||
4 | the time of the violation persons under the age 18 are | ||||||
5 | present, the offense is committed during school hours, | ||||||
6 | or the offense is committed at times when persons under | ||||||
7 | the age of 18 are reasonably expected to be present in | ||||||
8 | the school, in the conveyance, or on the real property, | ||||||
9 | such as when after-school activities are occurring, | ||||||
10 | (B) on residential property owned,
operated or | ||||||
11 | managed by a public housing agency or leased by a | ||||||
12 | public housing
agency as part of a scattered site or | ||||||
13 | mixed-income development, or public park,
on the real | ||||||
14 | property comprising any school or residential property | ||||||
15 | owned,
operated or managed by a public housing agency | ||||||
16 | or leased by a public housing
agency as part of a | ||||||
17 | scattered site or mixed-income development, or public | ||||||
18 | park
or within 1,000 feet of the real property | ||||||
19 | comprising any school or residential
property owned, | ||||||
20 | operated or managed by a public housing agency or | ||||||
21 | leased by a
public housing agency as part of a | ||||||
22 | scattered site or mixed-income development,
or public | ||||||
23 | park, | ||||||
24 | (C) on the real property comprising any church, | ||||||
25 | synagogue, or other
building, structure, or place used | ||||||
26 | primarily for religious worship, or
within 1,000 feet |
| |||||||
| |||||||
1 | of the real property comprising any church,
synagogue, | ||||||
2 | or other building, structure, or place used primarily | ||||||
3 | for religious
worship, or | ||||||
4 | (D) on the real property comprising any of the | ||||||
5 | following places,
buildings, or
structures used | ||||||
6 | primarily for housing or providing space for | ||||||
7 | activities for
senior citizens: nursing homes, | ||||||
8 | assisted-living centers, senior citizen housing
| ||||||
9 | complexes, or senior centers oriented toward daytime | ||||||
10 | activities, or within
1,000 feet of the real property | ||||||
11 | comprising any of the following
places, buildings, or | ||||||
12 | structures used primarily for housing or providing | ||||||
13 | space
for activities for senior citizens: nursing | ||||||
14 | homes, assisted-living centers,
senior citizen housing | ||||||
15 | complexes, or senior centers oriented toward daytime
| ||||||
16 | activities is guilty of a Class 1 felony, the fine for | ||||||
17 | which shall not exceed
$250,000 ;
| ||||||
18 | (3) subsection (e) of Section 401 or Subsection (b) of | ||||||
19 | Section 404 is guilty of a Class 2 felony the fine for | ||||||
20 | which shall not exceed $200,000 if he or she commits the | ||||||
21 | violation: | ||||||
22 | (A) in
any school, or any conveyance owned, leased | ||||||
23 | or contracted by a school to
transport students to or | ||||||
24 | from school or a school related activity, or on the | ||||||
25 | real property comprising any school, or within 1,000 | ||||||
26 | feet of the real property comprising any school, and at |
| |||||||
| |||||||
1 | the time of the violation persons under the age 18 are | ||||||
2 | present, the offense is committed during school hours, | ||||||
3 | or the offense is committed at times when persons under | ||||||
4 | the age of 18 are reasonably expected to be present in | ||||||
5 | the school, in the conveyance, or on the real property, | ||||||
6 | such as when after-school activities are occurring, | ||||||
7 | (B) on
residential property owned, operated or | ||||||
8 | managed by a public housing agency or
leased by a | ||||||
9 | public housing agency as part of a scattered site or | ||||||
10 | mixed-income
development, or public park, on the real | ||||||
11 | property comprising any school or
residential property | ||||||
12 | owned, operated or managed by a public housing agency | ||||||
13 | or
leased by a public housing agency as part of a | ||||||
14 | scattered site or mixed-income
development, or public | ||||||
15 | park or within 1,000 feet of the real property
| ||||||
16 | comprising
any school or residential property owned, | ||||||
17 | operated or managed by a
public housing agency or | ||||||
18 | leased by a public housing agency as part of a
| ||||||
19 | scattered site or mixed-income development, or public | ||||||
20 | park, | ||||||
21 | (C) on the real
property comprising any church, | ||||||
22 | synagogue, or other building, structure, or
place used | ||||||
23 | primarily for religious worship, or within 1,000 feet | ||||||
24 | of the real
property comprising any church, synagogue, | ||||||
25 | or other building, structure, or
place used primarily | ||||||
26 | for religious worship, or |
| |||||||
| |||||||
1 | (D) on the real property comprising any
of the | ||||||
2 | following places, buildings, or structures used | ||||||
3 | primarily for housing or
providing space for | ||||||
4 | activities for
senior citizens: nursing homes, | ||||||
5 | assisted-living centers, senior citizen housing
| ||||||
6 | complexes, or senior centers oriented toward daytime | ||||||
7 | activities, or within
1,000 feet of the real property | ||||||
8 | comprising any of the following
places, buildings, or | ||||||
9 | structures used primarily for housing or providing | ||||||
10 | space
for activities for senior citizens: nursing | ||||||
11 | homes, assisted-living centers,
senior citizen housing | ||||||
12 | complexes, or senior centers oriented toward daytime
| ||||||
13 | activities is guilty of a Class 2 felony, the fine for
| ||||||
14 | which shall not exceed $200,000 ;
| ||||||
15 | (4) subsection (f) of Section 401 is guilty of a Class | ||||||
16 | 2 felony the fine for which shall not exceed $150,000 if he | ||||||
17 | or she commits the violation: | ||||||
18 | (A) in any school, or any conveyance
owned, leased | ||||||
19 | or contracted by a school to transport students to or | ||||||
20 | from
school or a school related activity, or on the | ||||||
21 | real property comprising any school, or within 1,000 | ||||||
22 | feet of the real property comprising any school, and at | ||||||
23 | the time of the violation persons under the age 18 are | ||||||
24 | present, the offense is committed during school hours, | ||||||
25 | or the offense is committed at times when persons under | ||||||
26 | the age of 18 are reasonably expected to be present in |
| |||||||
| |||||||
1 | the school, in the conveyance, or on the real property, | ||||||
2 | such as when after-school activities are occurring, | ||||||
3 | (B) on residential property owned,
operated or | ||||||
4 | managed by a public housing agency
or leased by a | ||||||
5 | public housing agency as part of a scattered site or
| ||||||
6 | mixed-income development,
or public park, on the real
| ||||||
7 | property comprising any school or residential property | ||||||
8 | owned, operated or
managed by a public housing agency
| ||||||
9 | or leased by a public housing agency as part of a | ||||||
10 | scattered site or
mixed-income development,
or public | ||||||
11 | park or
within 1,000 feet of the real property | ||||||
12 | comprising any school or residential
property owned, | ||||||
13 | operated or managed by a public housing agency
or | ||||||
14 | leased by a public housing agency as part of a | ||||||
15 | scattered site or
mixed-income development,
or public
| ||||||
16 | park, | ||||||
17 | (C) on the real property comprising any church, | ||||||
18 | synagogue, or other
building,
structure, or place used | ||||||
19 | primarily for religious worship, or
within 1,000 feet | ||||||
20 | of the real property comprising any church,
synagogue, | ||||||
21 | or other building, structure, or place used primarily | ||||||
22 | for religious
worship, or | ||||||
23 | (D) on the real property comprising any of the | ||||||
24 | following places,
buildings, or
structures used | ||||||
25 | primarily for housing or providing space for | ||||||
26 | activities for
senior citizens: nursing homes, |
| |||||||
| |||||||
1 | assisted-living centers, senior citizen housing
| ||||||
2 | complexes, or senior centers oriented toward daytime | ||||||
3 | activities, or within
1,000 feet of the real property | ||||||
4 | comprising any of the following
places, buildings, or | ||||||
5 | structures used primarily for housing or providing | ||||||
6 | space
for activities for senior citizens: nursing | ||||||
7 | homes, assisted-living centers,
senior citizen housing | ||||||
8 | complexes, or senior centers oriented toward daytime
| ||||||
9 | activities
is guilty of a Class 2 felony, the fine for | ||||||
10 | which shall not exceed
$150,000 ;
| ||||||
11 | (5) subsection (g) of Section 401 is guilty of a Class | ||||||
12 | 2 felony the fine for which shall not exceed $125,000 if he | ||||||
13 | or she commits the violation: | ||||||
14 | (A) in any school, or any conveyance
owned, leased | ||||||
15 | or contracted by a school to transport students to or | ||||||
16 | from
school or a school related activity, or on the | ||||||
17 | real property comprising any school, or within 1,000 | ||||||
18 | feet of the real property comprising any school, and at | ||||||
19 | the time of the violation persons under the age 18 are | ||||||
20 | present, the offense is committed during school hours, | ||||||
21 | or the offense is committed at times when persons under | ||||||
22 | the age of 18 are reasonably expected to be present in | ||||||
23 | the school, in the conveyance, or on the real property, | ||||||
24 | such as when after-school activities are occurring, | ||||||
25 | (B) on residential property owned,
operated or | ||||||
26 | managed by a public housing agency
or leased by a |
| |||||||
| |||||||
1 | public housing agency as part of a scattered site or
| ||||||
2 | mixed-income development,
or public park, on the real
| ||||||
3 | property comprising any school or residential property | ||||||
4 | owned, operated or
managed by a public housing agency
| ||||||
5 | or leased by a public housing agency as part of a | ||||||
6 | scattered site or
mixed-income development,
or public | ||||||
7 | park or
within 1,000 feet of the real property | ||||||
8 | comprising any school or residential
property owned, | ||||||
9 | operated or managed by a public housing agency
or | ||||||
10 | leased by a public housing agency as part of a | ||||||
11 | scattered site or
mixed-income development,
or public
| ||||||
12 | park, | ||||||
13 | (C) on the real property comprising any church, | ||||||
14 | synagogue, or other
building,
structure, or place used | ||||||
15 | primarily for religious worship, or
within 1,000 feet | ||||||
16 | of the real property comprising any church,
synagogue, | ||||||
17 | or other building, structure, or place used primarily | ||||||
18 | for religious
worship, or | ||||||
19 | (D) on the real property comprising any of the | ||||||
20 | following places,
buildings, or
structures used | ||||||
21 | primarily for housing or providing space for | ||||||
22 | activities for
senior citizens: nursing homes, | ||||||
23 | assisted-living centers, senior citizen housing
| ||||||
24 | complexes, or senior centers oriented toward daytime | ||||||
25 | activities, or within
1,000 feet of the real property | ||||||
26 | comprising any of the following
places, buildings, or |
| |||||||
| |||||||
1 | structures used primarily for housing or providing | ||||||
2 | space
for activities for senior citizens: nursing | ||||||
3 | homes, assisted-living centers,
senior citizen housing | ||||||
4 | complexes, or senior centers oriented toward daytime
| ||||||
5 | activities
is guilty of a Class 2 felony, the fine for | ||||||
6 | which shall not exceed $125,000 ; or
| ||||||
7 | (6) subsection (h) of Section 401 is guilty of a Class | ||||||
8 | 2 felony the fine for which shall not exceed $100,000 if he | ||||||
9 | or she commits the violation: | ||||||
10 | (A) in any school, or any conveyance
owned, leased | ||||||
11 | or contracted by a school to transport students to or | ||||||
12 | from
school or a school related activity, or on the | ||||||
13 | real property comprising any school, or within 1,000 | ||||||
14 | feet of the real property comprising any school, and at | ||||||
15 | the time of the violation persons under the age 18 are | ||||||
16 | present, the offense is committed during school hours, | ||||||
17 | or the offense is committed at times when persons under | ||||||
18 | the age of 18 are reasonably expected to be present in | ||||||
19 | the school, in the conveyance, or on the real property, | ||||||
20 | such as when after-school activities are occurring, | ||||||
21 | (B) on residential property owned,
operated or | ||||||
22 | managed by a public housing agency
or leased by a | ||||||
23 | public housing agency as part of a scattered site or
| ||||||
24 | mixed-income development,
or public park, on the real
| ||||||
25 | property comprising any school or residential property | ||||||
26 | owned, operated or
managed by a public housing agency
|
| |||||||
| |||||||
1 | or leased by a public housing agency as part of a | ||||||
2 | scattered site or
mixed-income development,
or public | ||||||
3 | park or within 1,000 feet of the real property | ||||||
4 | comprising any school
or residential
property owned, | ||||||
5 | operated or managed by a public housing agency
or | ||||||
6 | leased by a public housing agency as part of a | ||||||
7 | scattered site or
mixed-income development,
or public
| ||||||
8 | park, | ||||||
9 | (C) on the real property comprising any church, | ||||||
10 | synagogue, or other
building,
structure, or place used | ||||||
11 | primarily for religious worship, or
within 1,000 feet | ||||||
12 | of the real property comprising any church,
synagogue, | ||||||
13 | or other building, structure, or place used primarily | ||||||
14 | for religious
worship, or | ||||||
15 | (D) on the real property comprising any of the | ||||||
16 | following places,
buildings, or
structures used | ||||||
17 | primarily for housing or providing space for | ||||||
18 | activities for
senior citizens: nursing homes, | ||||||
19 | assisted-living centers, senior citizen housing
| ||||||
20 | complexes, or senior centers oriented toward daytime | ||||||
21 | activities, or within
1,000 feet of the real property | ||||||
22 | comprising any of the following
places, buildings, or | ||||||
23 | structures used primarily for housing or providing | ||||||
24 | space
for activities for senior citizens: nursing | ||||||
25 | homes, assisted-living centers,
senior citizen housing | ||||||
26 | complexes, or senior centers oriented toward daytime
|
| |||||||
| |||||||
1 | activities
is guilty of a Class 2 felony, the fine for | ||||||
2 | which shall not exceed
$100,000 .
| ||||||
3 | (c) (Blank). Regarding penalties prescribed in subsection
| ||||||
4 | (b) for violations committed in a school or on or within
1,000 | ||||||
5 | feet of school property, the time of day, time of year and | ||||||
6 | whether
classes were currently in session at the time of the | ||||||
7 | offense is irrelevant.
| ||||||
8 | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
9 | Section 15. The Methamphetamine Control and Community | ||||||
10 | Protection Act is amended by changing Section 55 as follows: | ||||||
11 | (720 ILCS 646/55)
| ||||||
12 | Sec. 55. Methamphetamine delivery. | ||||||
13 | (a) Delivery or possession with intent to deliver | ||||||
14 | methamphetamine or a substance containing methamphetamine.
| ||||||
15 | (1) It is unlawful knowingly to engage in the delivery | ||||||
16 | or possession with intent to deliver methamphetamine or a | ||||||
17 | substance containing methamphetamine.
| ||||||
18 | (2) A person who violates paragraph (1) of this | ||||||
19 | subsection (a) is subject to the following penalties:
| ||||||
20 | (A) A person who delivers or possesses with intent | ||||||
21 | to deliver less than 5 grams of methamphetamine or a | ||||||
22 | substance containing methamphetamine is guilty of a | ||||||
23 | Class 2 felony.
| ||||||
24 | (B) A person who delivers or possesses with intent |
| |||||||
| |||||||
1 | to deliver 5 or more grams but less than 15 grams of | ||||||
2 | methamphetamine or a substance containing | ||||||
3 | methamphetamine is guilty of a Class 1 felony.
| ||||||
4 | (C) A person who delivers or possesses with intent | ||||||
5 | to deliver 15 or more grams but less than 100 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 6 years and | ||||||
9 | not more than 30 years, and subject to a fine not to | ||||||
10 | exceed $100,000 or the street value of the | ||||||
11 | methamphetamine, whichever is greater.
| ||||||
12 | (D) A person who delivers or possesses with intent | ||||||
13 | to deliver 100 or more grams but less than 400 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 9 years and | ||||||
17 | not more than 40 years, and subject to a fine not to | ||||||
18 | exceed $200,000 or the street value of the | ||||||
19 | methamphetamine, whichever is greater.
| ||||||
20 | (E) A person who delivers or possesses with intent | ||||||
21 | to deliver 400 or more grams but less than 900 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 12 years and | ||||||
25 | not more than 50 years, and subject to a fine not to | ||||||
26 | exceed $300,000 or the street value of the |
| |||||||
| |||||||
1 | methamphetamine, whichever is greater.
| ||||||
2 | (F) A person who delivers or possesses with intent | ||||||
3 | to deliver 900 or more grams of methamphetamine or a | ||||||
4 | substance containing methamphetamine is guilty of a | ||||||
5 | Class X felony, subject to a term of imprisonment of | ||||||
6 | not less than 15 years and not more than 60 years, and | ||||||
7 | subject to a fine not to exceed $400,000 or the street | ||||||
8 | value of the methamphetamine, whichever is greater.
| ||||||
9 | (b) Aggravated delivery or possession with intent to | ||||||
10 | deliver methamphetamine or a substance containing | ||||||
11 | methamphetamine.
| ||||||
12 | (1) It is unlawful to engage in the aggravated delivery | ||||||
13 | or possession with intent to deliver methamphetamine or a | ||||||
14 | substance containing methamphetamine. A person engages in | ||||||
15 | the aggravated delivery or possession with intent to | ||||||
16 | deliver methamphetamine or a substance containing | ||||||
17 | methamphetamine when the person violates paragraph (1) of | ||||||
18 | subsection (a) of this Section and:
| ||||||
19 | (A) the person is at least 18 years of age and | ||||||
20 | knowingly delivers or possesses with intent to deliver | ||||||
21 | the methamphetamine or substance containing | ||||||
22 | methamphetamine to a person under 18 years of age;
| ||||||
23 | (B) the person is at least 18 years of age and | ||||||
24 | knowingly uses, engages, employs, or causes another | ||||||
25 | person to use, engage, or employ a person under 18 | ||||||
26 | years of age to deliver the methamphetamine or |
| |||||||
| |||||||
1 | substance containing methamphetamine;
| ||||||
2 | (C) the person knowingly delivers or possesses | ||||||
3 | with intent to deliver the methamphetamine or | ||||||
4 | substance containing methamphetamine in any structure | ||||||
5 | or vehicle protected by one or more firearms, explosive | ||||||
6 | devices, booby traps, alarm systems, surveillance | ||||||
7 | systems, guard dogs, or dangerous animals;
| ||||||
8 | (D) the person knowingly delivers or possesses | ||||||
9 | with intent to deliver the methamphetamine or | ||||||
10 | substance containing methamphetamine in any school, on | ||||||
11 | any real property comprising any school, or in any | ||||||
12 | conveyance owned, leased, or contracted by a school to | ||||||
13 | transport students to or from school or a | ||||||
14 | school-related activity , and at the time of the | ||||||
15 | violation persons under the age 18 are present, the | ||||||
16 | offense is committed during school hours, or the | ||||||
17 | offense is committed at times when persons under the | ||||||
18 | age of 18 are reasonably expected to be present in the | ||||||
19 | school, in the conveyance, or on the real property, | ||||||
20 | such as when after-school activities are occurring ;
| ||||||
21 | (E) the person delivers or causes another person to | ||||||
22 | deliver the methamphetamine or substance containing | ||||||
23 | methamphetamine to a woman that the person knows to be | ||||||
24 | pregnant;
or | ||||||
25 | (F) (blank). | ||||||
26 | (2) A person who violates paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (b) is subject to the following penalties:
| ||||||
2 | (A) A person who delivers or possesses with intent | ||||||
3 | to deliver less than 5 grams of methamphetamine or a | ||||||
4 | substance containing methamphetamine is guilty of a | ||||||
5 | Class 1 felony.
| ||||||
6 | (B) A person who delivers or possesses with intent | ||||||
7 | to deliver 5 or more grams but less than 15 grams of | ||||||
8 | methamphetamine or a substance containing | ||||||
9 | methamphetamine is guilty of a Class X felony, subject | ||||||
10 | to a term of imprisonment of not less than 6 years and | ||||||
11 | not more than 30 years, and subject to a fine not to | ||||||
12 | exceed $100,000 or the street value of the | ||||||
13 | methamphetamine, whichever is greater.
| ||||||
14 | (C) A person who delivers or possesses with intent | ||||||
15 | to deliver 15 or more grams but less than 100 grams of | ||||||
16 | methamphetamine or a substance containing | ||||||
17 | methamphetamine is guilty of a Class X felony, subject | ||||||
18 | to a term of imprisonment of not less than 8 years and | ||||||
19 | not more than 40 years, and subject to a fine not to | ||||||
20 | exceed $200,000 or the street value of the | ||||||
21 | methamphetamine, whichever is greater.
| ||||||
22 | (D) A person who delivers or possesses with intent | ||||||
23 | to deliver 100 or more grams of methamphetamine or a | ||||||
24 | substance containing methamphetamine is guilty of a | ||||||
25 | Class X felony, subject to a term of imprisonment of | ||||||
26 | not less than 10 years and not more than 50 years, and |
| |||||||
| |||||||
1 | subject to a fine not to exceed $300,000 or the street | ||||||
2 | value of the methamphetamine, whichever is greater.
| ||||||
3 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
|