Full Text of HB1403 95th General Assembly
HB1403eng 95TH GENERAL ASSEMBLY
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HB1403 Engrossed |
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LRB095 08409 RLC 28583 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Methamphetamine Control and Community | 5 |
| Protection Act is amended by changing Section 15 as follows: | 6 |
| (720 ILCS 646/15)
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| Sec. 15. Participation in methamphetamine manufacturing. | 8 |
| (a) Participation in methamphetamine manufacturing.
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| (1) It is unlawful to knowingly participate in the | 10 |
| manufacture of methamphetamine with the intent that | 11 |
| methamphetamine or a substance containing methamphetamine | 12 |
| be produced.
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| (2) A person who violates paragraph (1) of this | 14 |
| subsection (a) is subject to the following penalties:
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| (A) A person who participates in the manufacture of | 16 |
| less than 15 grams of methamphetamine or a substance | 17 |
| containing methamphetamine is guilty of a Class 1 | 18 |
| felony.
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| (B) A person who participates in the manufacture of | 20 |
| 15 or more grams but less than 100 grams of | 21 |
| methamphetamine or a substance containing | 22 |
| methamphetamine is guilty of a Class X felony, subject | 23 |
| to a term of imprisonment of not less than 6 years and |
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HB1403 Engrossed |
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LRB095 08409 RLC 28583 b |
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| not more than 30 years, and subject to a fine not to | 2 |
| exceed $100,000 or the street value of the | 3 |
| methamphetamine manufactured, whichever is greater.
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| (C) A person who participates in the manufacture of | 5 |
| 100 or more grams but less than 400 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 9 years and | 9 |
| not more than 40 years, and subject to a fine not to | 10 |
| exceed $200,000 or the street value of the | 11 |
| methamphetamine manufactured, whichever is greater.
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| (D) A person who participates in the manufacture of | 13 |
| 400 or more grams but less than 900 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 12 years and | 17 |
| not more than 50 years, and subject to a fine not to | 18 |
| exceed $300,000 or the street value of the | 19 |
| methamphetamine manufactured, whichever is greater.
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| (E) A person who participates in the manufacture of | 21 |
| 900 grams or more of methamphetamine or a substance | 22 |
| containing methamphetamine is guilty of a Class X | 23 |
| felony, subject to a term of imprisonment of not less | 24 |
| than 15 years and not more than 60 years, and subject | 25 |
| to a fine not to exceed $400,000 or the street value of | 26 |
| the methamphetamine, whichever is greater.
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HB1403 Engrossed |
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LRB095 08409 RLC 28583 b |
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| (b) Aggravated participation in methamphetamine | 2 |
| manufacturing.
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| (1) It is unlawful to engage in aggravated | 4 |
| participation in the manufacture of methamphetamine. A | 5 |
| person engages in aggravated participation in the | 6 |
| manufacture of methamphetamine when the person violates | 7 |
| paragraph (1) of subsection (a) and:
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| (A) the person knowingly does so in a multi-unit | 9 |
| dwelling;
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| (B) the person knowingly does so in a structure or | 11 |
| vehicle where a child under the age of 18, a person | 12 |
| with a disability, or a person 60 years of age or older | 13 |
| who is incapable of adequately providing for his or her | 14 |
| own health and personal care resides, is present, or is | 15 |
| endangered by the manufacture of methamphetamine;
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| (C) the person does so in a structure or vehicle | 17 |
| where a woman the person knows to be pregnant | 18 |
| (including but not limited to the person herself) | 19 |
| resides, is present, or is endangered by the | 20 |
| methamphetamine manufacture;
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| (D) the person knowingly does so in a structure or | 22 |
| vehicle protected by one or more firearms, explosive | 23 |
| devices, booby traps, alarm systems, surveillance | 24 |
| systems, guard dogs, or dangerous animals;
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| (E) the methamphetamine manufacturing in which the | 26 |
| person participates is a contributing cause of the |
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LRB095 08409 RLC 28583 b |
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| death, serious bodily injury, disability, or | 2 |
| disfigurement of another person, including but not | 3 |
| limited to an emergency service provider;
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| (F) the methamphetamine manufacturing in which the | 5 |
| person participates is a contributing cause of a fire | 6 |
| or explosion that damages property belonging to | 7 |
| another person; or
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| (G) the person knowingly organizes, directs, or | 9 |
| finances the methamphetamine manufacturing or | 10 |
| activities carried out in support of the | 11 |
| methamphetamine manufacturing ; or .
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| (H) the methamphetamine manufacturing occurs | 13 |
| within 1,000 feet of a place of worship, parsonage, or | 14 |
| former church facility.
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| (2) A person who violates paragraph (1) of this | 16 |
| subsection (b) is subject to the following penalties:
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| (A) A person who participates in the manufacture of | 18 |
| less than 15 grams of methamphetamine or a substance | 19 |
| containing methamphetamine is guilty of a Class X | 20 |
| felony, subject to a term of imprisonment of not less | 21 |
| than 6 years and not more than 30 years, and subject to | 22 |
| a fine not to exceed $100,000 or the street value of | 23 |
| the methamphetamine, whichever is greater.
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| (B) A person who participates in the manufacture of | 25 |
| 15 or more grams but less than 100 grams of | 26 |
| methamphetamine or a substance containing |
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HB1403 Engrossed |
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LRB095 08409 RLC 28583 b |
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| methamphetamine is guilty of a Class X felony, subject | 2 |
| to a term of imprisonment of not less than 9 years and | 3 |
| not more than 40 years, and subject to a fine not to | 4 |
| exceed $200,000 or the street value of the | 5 |
| methamphetamine, whichever is greater.
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| (C) A person who participates in the manufacture of | 7 |
| 100 or more grams but less than 400 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 12 years and | 11 |
| not more than 50 years, and subject to a fine not to | 12 |
| exceed $300,000 or the street value of the | 13 |
| methamphetamine, whichever is greater.
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| (D) A person who participates in the manufacture of | 15 |
| 400 grams or more of methamphetamine or a substance | 16 |
| containing methamphetamine is guilty of a Class X | 17 |
| felony, subject to a term of imprisonment of not less | 18 |
| than 15 years and not more than 60 years, and subject | 19 |
| to a fine not to exceed $400,000 or the street value of | 20 |
| the methamphetamine, whichever is greater.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
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