99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0355

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/5.2  from Ch. 56 1/2, par. 705.2
720 ILCS 570/407  from Ch. 56 1/2, par. 1407
720 ILCS 646/55

    Amends the Cannabis Control Act, Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Requires that enhanced penalties for certain drug violations committed in a school, on or near school property, or in a conveyance used to transport students to school for school-related activities, must be committed when persons under the age 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring. Deletes provision stating that the time of day, time of year, and whether classes were in session are irrelevant for controlled substance violations committed in a school or on or within 1,000 feet of school property.


LRB099 04010 RLC 24028 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0355LRB099 04010 RLC 24028 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 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
9any school, on the real property comprising any school, or any
10conveyance owned, leased or contracted by a school to transport
11students to or from school or a school related activity, or on
12any public way within 1,000 feet of the real property
13comprising any school, or any conveyance owned, leased or
14contracted by a school to transport students to or from school
15or a school related activity, and at the time of the violation
16persons under the age 18 are present, the offense is committed
17during school hours, or the offense is committed at times when
18persons under the age of 18 are reasonably expected to be
19present in the school, in the conveyance, on the real property,
20or on the public way, such as when after-school activities are
21occurring, is guilty of a Class 1 felony, the fine for which
22shall not exceed $200,000;
23    (b) Any person who violates subsection (d) of Section 5 in

 

 

HB0355- 2 -LRB099 04010 RLC 24028 b

1any school, on the real property comprising any school, or any
2conveyance owned, leased or contracted by a school to transport
3students to or from school or a school related activity, or on
4any public way within 1,000 feet of the real property
5comprising any school, or any conveyance owned, leased or
6contracted by a school to transport students to or from school
7or a school related activity, and at the time of the violation
8persons under the age 18 are present, the offense is committed
9during school hours, or the offense is committed at times when
10persons under the age of 18 are reasonably expected to be
11present in the school, in the conveyance, on the real property,
12or on the public way, such as when after-school activities are
13occurring, is guilty of a Class 2 felony, the fine for which
14shall not exceed $100,000;
15    (c) Any person who violates subsection (c) of Section 5 in
16any school, on the real property comprising any school, or any
17conveyance owned, leased or contracted by a school to transport
18students to or from school or a school related activity, or on
19any public way within 1,000 feet of the real property
20comprising any school, or any conveyance owned, leased or
21contracted by a school to transport students to or from school
22or a school related activity, and at the time of the violation
23persons under the age 18 are present, the offense is committed
24during school hours, or the offense is committed at times when
25persons under the age of 18 are reasonably expected to be
26present in the school, in the conveyance, on the real property,

 

 

HB0355- 3 -LRB099 04010 RLC 24028 b

1or on the public way, such as when after-school activities are
2occurring, is guilty of a Class 3 felony, the fine for which
3shall not exceed $50,000;
4    (d) Any person who violates subsection (b) of Section 5 in
5any school, on the real property comprising any school, or any
6conveyance owned, leased or contracted by a school to transport
7students to or from school or a school related activity, or on
8any public way within 1,000 feet of the real property
9comprising any school, or any conveyance owned, leased or
10contracted by a school to transport students to or from school
11or a school related activity, and at the time of the violation
12persons under the age 18 are present, the offense is committed
13during school hours, or the offense is committed at times when
14persons under the age of 18 are reasonably expected to be
15present in the school, in the conveyance, on the real property,
16or on the public way, such as when after-school activities are
17occurring, is guilty of a Class 4 felony, the fine for which
18shall not exceed $25,000;
19    (e) Any person who violates subsection (a) of Section 5 in
20any school, on the real property comprising any school, or any
21conveyance owned, leased or contracted by a school to transport
22students to or from school or a school related activity, on any
23public way within 1,000 feet of the real property comprising
24any school, or any conveyance owned, leased or contracted by a
25school to transport students to or from school or a school
26related activity, and at the time of the violation persons

 

 

HB0355- 4 -LRB099 04010 RLC 24028 b

1under the age 18 are present, the offense is committed during
2school hours, or the offense is committed at times when persons
3under the age of 18 are reasonably expected to be present in
4the school, in the conveyance, on the real property, or on the
5public way, such as when after-school activities are occurring,
6is guilty of a Class A misdemeanor.
7(Source: P.A. 87-544.)
 
8    Section 10. The Illinois Controlled Substances Act is
9amended 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
12violates any subsection of Section 401 or subsection (b) of
13Section 404 by delivering a controlled, counterfeit or
14look-alike substance to a person under 18 years of age may be
15sentenced to imprisonment for a term up to twice the maximum
16term and fined an amount up to twice that amount otherwise
17authorized by the pertinent subsection of Section 401 and
18Subsection (b) of Section 404.
19    (B) (Blank).
20    (2) Except as provided in paragraph (3) of this subsection,
21any 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

 

 

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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

 

 

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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
9subsection (a) by delivering or possessing with intent to
10deliver a controlled, counterfeit, or look-alike substance in
11or on, or within 1,000 feet of a truck stop or a safety rest
12area, following a prior conviction or convictions of paragraph
13(2) of this subsection (a) may be sentenced to a term of
14imprisonment up to 2 times the maximum term and fined an amount
15up 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

 

 

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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

 

 

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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

 

 

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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

 

 

HB0355- 10 -LRB099 04010 RLC 24028 b

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

 

 

HB0355- 11 -LRB099 04010 RLC 24028 b

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

 

 

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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

 

 

HB0355- 13 -LRB099 04010 RLC 24028 b

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,

 

 

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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

 

 

HB0355- 15 -LRB099 04010 RLC 24028 b

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

 

 

HB0355- 16 -LRB099 04010 RLC 24028 b

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

 

 

HB0355- 17 -LRB099 04010 RLC 24028 b

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

 

 

HB0355- 18 -LRB099 04010 RLC 24028 b

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
5feet of school property, the time of day, time of year and
6whether classes were currently in session at the time of the
7offense 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
10Protection 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
14methamphetamine 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

 

 

HB0355- 19 -LRB099 04010 RLC 24028 b

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

 

 

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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
10deliver methamphetamine or a substance containing
11methamphetamine.
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

 

 

HB0355- 21 -LRB099 04010 RLC 24028 b

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

 

 

HB0355- 22 -LRB099 04010 RLC 24028 b

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

 

 

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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.)