Illinois General Assembly - Full Text of HB0529
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Full Text of HB0529  94th General Assembly

HB0529 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0529

 

Introduced 01/27/05, by Rep. Susana A Mendoza - Chapin Rose - John E. Bradley - Careen M Gordon - Daniel V. Beiser, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/411   from Ch. 56 1/2, par. 1411

    Amends the Illinois Controlled Substances Act. Provides that in determining the appropriate sentence for any conviction under the Act, the sentencing court may consider the possession, delivery, or manufacture of controlled substances or cannabis in the presence of a child under 17 years of age.


LRB094 06934 RLC 37049 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0529 LRB094 06934 RLC 37049 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 Illinois Controlled Substances Act is
5 amended by changing Section 411 as follows:
 
6     (720 ILCS 570/411)  (from Ch. 56 1/2, par. 1411)
7     Sec. 411. In determining the appropriate sentence for any
8 conviction under this Act, the sentencing court may consider
9 the following as indicative of the type of offenses which the
10 legislature deems most damaging to the peace and welfare of the
11 citizens of Illinois and which warrants the most severe
12 penalties:
13         (1) the unlawful delivery of the most highly toxic
14     controlled substances, as reflected by their inclusion in
15     Schedule I or II of this Act;
16         (2) offenses involving unusually large quantities of
17     controlled substances, as measured by their wholesale
18     value at the time of the offense;
19         (3) the unlawful delivery of controlled substances by a
20     non-user to a user of controlled substances;
21         (4) non-possessory offenses by persons who have no
22     other visible means of support;
23         (5) offenses involving the large-scale manufacture of
24     controlled substances;
25         (6) offenses which indicate any immediate involvement
26     whatsoever with organized crime in terms of the controlled
27     substance's manufacture, importation, or volume
28     distribution;
29         (7) the manufacture for, or the delivery of controlled
30     substances to persons 3 years or more junior to the
31     person(s) convicted under this Act;
32         (8) the unlawful delivery of anabolic steroids by an

 

 

HB0529 - 2 - LRB094 06934 RLC 37049 b

1     athletic trainer, coach, or health club personnel; .
2         (9) the possession, delivery, or manufacture of
3     controlled substances or cannabis in the presence of a
4     child under 17 years of age.
5     Nothing in this section shall be construed as limiting in
6 any way the discretion of the court to impose any sentence
7 authorized by this Act.
8 (Source: P.A. 87-754.)