HB3507enr 94TH GENERAL ASSEMBLY

HB3507 Enrolled LRB094 08209 RLC 41939 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Controlled Substances Act is amended by changing Section 411.3 as follows:

(720 ILCS 570/411.3)

Sec. 411.3. Methamphetamine restitution. If a person is convicted of a violation of clause (6.5) or (6.6) of subsection (a), subsection (c)(6.5), subsection (c-5), clause (d)(iii), or subsection (d-5) of Section 401, and the offense involves the manufacture of methamphetamine or the possession of a methamphetamine manufacturing chemical as defined in paragraph (z-1) of Section 102, and the manufacture of methamphetamine or possession of one or more methamphetamine manufacturing chemicals requires an emergency response, the person convicted shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. The convicted person shall make this restitution in addition to any other fine or penalty required by law. Any restitution payments made under this Section shall be disbursed equitably by the circuit clerk in the following order:

(1) first, to the local agencies involved in the emergency response;

(2) second, to the State agencies involved in the emergency response; and

(3) third, to the federal agencies involved in the emergency response.

In this Section, "emergency response" includes, but is not limited to, collecting evidence, securing the site, and cleaning up the site where the relevant offense or offenses took place, whether these actions are performed by the public entities themselves or by private contractors paid by the public entities.

(Source: P.A. 93-297, eff. 1-1-04.)