Full Text of HB0355 99th General Assembly
HB0355ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/10/2015
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| 1 | | AMENDMENT TO HOUSE BILL 355
| 2 | | AMENDMENT NO. ______. Amend House Bill 355 by replacing | 3 | | everything after the enacting clause with the following:
| 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, other than the person who |
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| 1 | | committed the offense, the offense is committed during school | 2 | | hours, or the offense is committed at times when persons under | 3 | | the age of 18 are reasonably expected to be present in the | 4 | | 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
1 felony, the fine for which shall not | 7 | | exceed $200,000;
| 8 | | (b) Any person who violates subsection (d) 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, other than the person who | 17 | | committed the offense, the offense is committed during school | 18 | | hours, or the offense is committed at times when persons under | 19 | | the age of 18 are reasonably expected to be present in the | 20 | | school, in the conveyance, on the real property, or on the | 21 | | public way, such as when after-school activities are occurring, | 22 | | is guilty of a Class 2 felony, the fine for which shall
not | 23 | | exceed $100,000;
| 24 | | (c) Any person who violates subsection (c) of Section 5 in | 25 | | any school,
on the real property comprising any school, or any | 26 | | conveyance owned, leased
or contracted by a school to transport |
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| 1 | | students to or from school or a
school related activity, or on | 2 | | any public way within 1,000 feet of the real
property | 3 | | comprising any school, or any conveyance owned, leased or
| 4 | | contracted by a school to transport students to or from school | 5 | | or a school
related activity, and at the time of the violation | 6 | | persons under the age 18 are present, other than the person who | 7 | | committed the offense, the offense is committed during school | 8 | | hours, or the offense is committed at times when persons under | 9 | | the age of 18 are reasonably expected to be present in the | 10 | | school, in the conveyance, on the real property, or on the | 11 | | public way, such as when after-school activities are occurring, | 12 | | is guilty of a Class 3 felony, the fine for which shall
not | 13 | | exceed $50,000;
| 14 | | (d) Any person who violates subsection (b) of Section 5 in | 15 | | any school,
on the real property comprising any school, or any | 16 | | conveyance owned, leased
or contracted by a school to transport | 17 | | students to or from school or a
school related activity, or on | 18 | | any public way within 1,000 feet of the real
property | 19 | | comprising any school, or any conveyance owned, leased or
| 20 | | contracted by a school to transport students to or from school | 21 | | or a school
related activity, and at the time of the violation | 22 | | persons under the age 18 are present, other than the person who | 23 | | committed the offense, the offense is committed during school | 24 | | hours, or the offense is committed at times when persons under | 25 | | the age of 18 are reasonably expected to be present in the | 26 | | school, in the conveyance, on the real property, or on the |
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| 1 | | public way, such as when after-school activities are occurring, | 2 | | is guilty of a Class 4 felony, the fine for which shall
not | 3 | | exceed $25,000;
| 4 | | (e) Any person who violates subsection (a) 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, on any | 8 | | public way within 1,000 feet of the real
property comprising | 9 | | any school, or any conveyance owned, leased or
contracted by a | 10 | | school to transport students to or from school or a school
| 11 | | related activity, and at the time of the violation persons | 12 | | under the age 18 are present, other than the person who | 13 | | committed the offense, the offense is committed during school | 14 | | hours, or the offense is committed at times when persons under | 15 | | the age of 18 are reasonably expected to be present in the | 16 | | school, in the conveyance, on the real property, or on the | 17 | | public way, such as when after-school activities are occurring, | 18 | | is guilty of a Class A misdemeanor.
| 19 | | (Source: P.A. 87-544.)
| 20 | | Section 10. The Illinois Controlled Substances Act is | 21 | | amended by changing Section 407 as follows:
| 22 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| 23 | | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | 24 | | violates any
subsection of Section 401 or subsection (b) of |
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| 1 | | Section 404 by delivering a
controlled, counterfeit or | 2 | | look-alike substance to a person under 18 years
of age may be | 3 | | sentenced to imprisonment for a term up to twice the maximum
| 4 | | term and fined an amount up to twice that amount otherwise | 5 | | authorized by
the pertinent subsection of Section 401 and | 6 | | Subsection (b) of Section 404.
| 7 | | (B) (Blank).
| 8 | | (2) Except as provided in paragraph (3) of this subsection, | 9 | | any person
who violates:
| 10 | | (A) subsection (c) of Section 401 by delivering or | 11 | | possessing with
intent to deliver a controlled, | 12 | | counterfeit, or look-alike substance in or
on, or within | 13 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 14 | | of
a Class 1 felony, the fine for which shall not exceed | 15 | | $250,000;
| 16 | | (B) subsection (d) 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 2 felony, the fine for which shall not exceed | 21 | | $200,000;
| 22 | | (C) subsection (e) of Section 401 or subsection (b) of | 23 | | Section 404
by delivering or possessing with intent to | 24 | | deliver a controlled,
counterfeit, or look-alike substance | 25 | | in or on, or within 1,000 feet of, a
truck stop or safety | 26 | | rest area, is guilty of a Class 3 felony, the fine for
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| 1 | | which shall not exceed $150,000;
| 2 | | (D) subsection (f) 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 | | $125,000;
| 8 | | (E) subsection (g) of Section 401 by delivering or | 9 | | possessing with
intent to deliver a controlled, | 10 | | counterfeit, or look-alike substance in or
on, or within | 11 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 12 | | of
a Class 3 felony, the fine for which shall not exceed | 13 | | $100,000;
| 14 | | (F) subsection (h) of Section 401 by delivering or | 15 | | possessing with
intent to deliver a controlled, | 16 | | counterfeit, or look-alike substance in or
on, or within | 17 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 18 | | of
a Class 3 felony, the fine for which shall not exceed | 19 | | $75,000;
| 20 | | (3) Any person who violates paragraph (2) of this | 21 | | subsection (a) by
delivering or possessing with intent to | 22 | | deliver a controlled, counterfeit,
or look-alike substance in | 23 | | or on, or within 1,000 feet of a truck stop or a
safety rest | 24 | | area, following a prior conviction or convictions of paragraph
| 25 | | (2) of this subsection (a) may be sentenced to a term of | 26 | | imprisonment up to
2 times the maximum term and fined an amount |
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| 1 | | up to 2 times the amount
otherwise authorized by Section 401.
| 2 | | (4) For the purposes of this subsection (a):
| 3 | | (A) "Safety rest area" means a roadside facility | 4 | | removed from the
roadway with parking and facilities | 5 | | designed for motorists' rest, comfort,
and information | 6 | | needs; and
| 7 | | (B) "Truck stop" means any facility (and its parking | 8 | | areas) used to
provide fuel or service, or both, to any | 9 | | commercial motor vehicle as
defined in Section 18b-101 of | 10 | | the Illinois Vehicle Code.
| 11 | | (b) Any person who violates:
| 12 | | (1) subsection (c) of Section 401 is guilty of a Class | 13 | | X felony the fine for which shall not exceed $500,000 if he | 14 | | or she commits the violation: | 15 | | (A) in any school, or any conveyance
owned, leased | 16 | | or contracted by a school to transport students to or | 17 | | from
school or a school related activity, or on the | 18 | | real property comprising any school, or within 1,000 | 19 | | feet of the real property comprising any school, and at | 20 | | the time of the violation persons under the age 18 are | 21 | | present, other than the person who committed the | 22 | | offense, the offense is committed during school hours, | 23 | | or the offense is committed at times when persons under | 24 | | the age of 18 are reasonably expected to be present in | 25 | | the school, in the conveyance, or on the real property, | 26 | | such as when after-school activities are occurring, |
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| 1 | | (B) on residential property owned, operated or
| 2 | | managed by a public housing agency or leased by a | 3 | | public housing agency as part
of a scattered site or | 4 | | mixed-income development, or public park, on the real
| 5 | | property comprising any school or residential property | 6 | | owned, operated or
managed by a public housing agency | 7 | | or leased by a public housing agency as part
of a | 8 | | scattered site or mixed-income development, or public | 9 | | park or
within 1,000 feet of the real property | 10 | | comprising any school or
residential property owned, | 11 | | operated or managed by a public housing
agency
or | 12 | | leased by a public housing agency as part of a | 13 | | scattered site or
mixed-income development, or public | 14 | | park, | 15 | | (C) on the real property comprising any
church, | 16 | | synagogue, or
other building, structure, or place used | 17 | | primarily for religious worship, or
within 1,000 feet | 18 | | of the real property comprising any church, synagogue, | 19 | | or
other building, structure, or place used primarily | 20 | | for religious worship, or | 21 | | (D) on
the real property comprising any of the | 22 | | following places, buildings, or
structures used | 23 | | primarily for housing or providing space for | 24 | | activities for
senior citizens: nursing homes, | 25 | | assisted-living centers, senior citizen housing
| 26 | | complexes, or senior centers oriented toward daytime |
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| 1 | | activities, or within
1,000 feet of the real property | 2 | | comprising any of the following places,
buildings, or | 3 | | structures used primarily for housing or providing | 4 | | space for
activities for senior citizens: nursing | 5 | | homes, assisted-living centers, senior
citizen housing | 6 | | complexes, or senior centers oriented toward daytime | 7 | | activities
is guilty of a Class X felony, the fine for | 8 | | which shall not
exceed $500,000 ;
| 9 | | (2) subsection (d) of Section 401 is guilty of a Class | 10 | | 1 felony the fine for which shall not exceed $250,000 if he | 11 | | or she commits the violation: | 12 | | (A) in any school, or any conveyance
owned, leased | 13 | | or contracted by a school to transport students to or | 14 | | from
school or a school related activity, or on the | 15 | | real property comprising any school, or within 1,000 | 16 | | feet of the real property comprising any school, and at | 17 | | the time of the violation persons under the age 18 are | 18 | | present, other than the person who committed the | 19 | | offense, the offense is committed during school hours, | 20 | | or the offense is committed at times when persons under | 21 | | the age of 18 are reasonably expected to be present in | 22 | | the school, in the conveyance, or on the real property, | 23 | | such as when after-school activities are occurring, | 24 | | (B) on residential property owned,
operated or | 25 | | managed by a public housing agency or leased by a | 26 | | public housing
agency as part of a scattered site or |
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| 1 | | mixed-income development, or public park,
on the real | 2 | | property comprising any school or residential property | 3 | | owned,
operated or managed by a public housing agency | 4 | | or leased by a public housing
agency as part of a | 5 | | scattered site or mixed-income development, or public | 6 | | park
or within 1,000 feet of the real property | 7 | | comprising any school or residential
property owned, | 8 | | operated or managed by a public housing agency or | 9 | | leased by a
public housing agency as part of a | 10 | | scattered site or mixed-income development,
or public | 11 | | park, | 12 | | (C) on the real property comprising any church, | 13 | | synagogue, or other
building, structure, or place used | 14 | | primarily for religious worship, or
within 1,000 feet | 15 | | of the real property comprising any church,
synagogue, | 16 | | or other building, structure, or place used primarily | 17 | | for religious
worship, or | 18 | | (D) on the real property comprising any of the | 19 | | following places,
buildings, or
structures used | 20 | | primarily for housing or providing space for | 21 | | activities for
senior citizens: nursing homes, | 22 | | assisted-living centers, senior citizen housing
| 23 | | complexes, or senior centers oriented toward daytime | 24 | | activities, or within
1,000 feet of the real property | 25 | | comprising any of the following
places, buildings, or | 26 | | structures used primarily for housing or providing |
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| 1 | | space
for activities for senior citizens: nursing | 2 | | homes, assisted-living centers,
senior citizen housing | 3 | | complexes, or senior centers oriented toward daytime
| 4 | | activities is guilty of a Class 1 felony, the fine for | 5 | | which shall not exceed
$250,000 ;
| 6 | | (3) subsection (e) of Section 401 or Subsection (b) of | 7 | | Section 404 is guilty of a Class 2 felony the fine for | 8 | | which shall not exceed $200,000 if he or she commits the | 9 | | 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, other than the person who committed the | 17 | | offense, the offense is committed during school hours, | 18 | | or the offense is committed at times when persons under | 19 | | the age of 18 are reasonably expected to be present in | 20 | | the school, in the conveyance, or on the real property, | 21 | | such as when after-school activities are occurring, | 22 | | (B) on
residential property owned, operated or | 23 | | managed by a public housing agency or
leased by a | 24 | | public housing agency as part of a scattered site or | 25 | | mixed-income
development, or public park, on the real | 26 | | property comprising any school or
residential property |
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| 1 | | owned, operated or managed by a public housing agency | 2 | | or
leased by a public housing agency as part of a | 3 | | scattered site or mixed-income
development, or public | 4 | | park or within 1,000 feet of the real property
| 5 | | comprising
any school or residential property owned, | 6 | | operated or managed by a
public housing agency or | 7 | | leased by a public housing agency as part of a
| 8 | | scattered site or mixed-income development, or public | 9 | | park, | 10 | | (C) on the real
property comprising any church, | 11 | | synagogue, or other building, structure, or
place used | 12 | | primarily for religious worship, or within 1,000 feet | 13 | | of the real
property comprising any church, synagogue, | 14 | | or other building, structure, or
place used primarily | 15 | | for religious worship, or | 16 | | (D) on the real property comprising any
of the | 17 | | following places, buildings, or structures used | 18 | | primarily for housing or
providing space for | 19 | | activities for
senior citizens: nursing homes, | 20 | | assisted-living centers, senior citizen housing
| 21 | | complexes, or senior centers oriented toward daytime | 22 | | activities, or within
1,000 feet of the real property | 23 | | comprising any of the following
places, buildings, or | 24 | | structures used primarily for housing or providing | 25 | | space
for activities for senior citizens: nursing | 26 | | homes, assisted-living centers,
senior citizen housing |
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| 1 | | complexes, or senior centers oriented toward daytime
| 2 | | activities is guilty of a Class 2 felony, the fine for
| 3 | | which shall not exceed $200,000 ;
| 4 | | (4) subsection (f) of Section 401 is guilty of a Class | 5 | | 2 felony the fine for which shall not exceed $150,000 if he | 6 | | or she commits the violation: | 7 | | (A) in any school, or any conveyance
owned, leased | 8 | | or contracted by a school to transport students to or | 9 | | from
school or a school related activity, or on the | 10 | | real property comprising any school, or within 1,000 | 11 | | feet of the real property comprising any school, and at | 12 | | the time of the violation persons under the age 18 are | 13 | | present, other than the person who committed the | 14 | | offense, the offense is committed during school hours, | 15 | | or the offense is committed at times when persons under | 16 | | the age of 18 are reasonably expected to be present in | 17 | | the school, in the conveyance, or on the real property, | 18 | | such as when after-school activities are occurring, | 19 | | (B) on residential property owned,
operated or | 20 | | managed by a public housing agency
or leased by a | 21 | | public housing agency as part of a scattered site or
| 22 | | mixed-income development,
or public park, on the real
| 23 | | property comprising any school or residential property | 24 | | owned, operated or
managed by a public housing agency
| 25 | | or 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 or
within 1,000 feet of the real property | 2 | | comprising any school or residential
property owned, | 3 | | operated or managed by a public housing agency
or | 4 | | leased by a public housing agency as part of a | 5 | | scattered site or
mixed-income development,
or public
| 6 | | park, | 7 | | (C) on the real property comprising any church, | 8 | | synagogue, or other
building,
structure, or place used | 9 | | primarily for religious worship, or
within 1,000 feet | 10 | | of the real property comprising any church,
synagogue, | 11 | | or other building, structure, or place used primarily | 12 | | for religious
worship, or | 13 | | (D) on the real property comprising any of the | 14 | | following places,
buildings, or
structures used | 15 | | primarily for housing or providing space for | 16 | | activities for
senior citizens: nursing homes, | 17 | | assisted-living centers, senior citizen housing
| 18 | | complexes, or senior centers oriented toward daytime | 19 | | activities, or within
1,000 feet of the real property | 20 | | comprising any of the following
places, buildings, or | 21 | | structures used primarily for housing or providing | 22 | | space
for activities for senior citizens: nursing | 23 | | homes, assisted-living centers,
senior citizen housing | 24 | | complexes, or senior centers oriented toward daytime
| 25 | | activities
is guilty of a Class 2 felony, the fine for | 26 | | which shall not exceed
$150,000 ;
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| 1 | | (5) subsection (g) of Section 401 is guilty of a Class | 2 | | 2 felony the fine for which shall not exceed $125,000 if he | 3 | | or she commits the violation: | 4 | | (A) in any school, or any conveyance
owned, leased | 5 | | or contracted by a school to transport students to or | 6 | | from
school or a school related activity, or on the | 7 | | real property comprising any school, or within 1,000 | 8 | | feet of the real property comprising any school, and at | 9 | | the time of the violation persons under the age 18 are | 10 | | present, other than the person who committed the | 11 | | offense, the offense is committed during school hours, | 12 | | or the offense is committed at times when persons under | 13 | | the age of 18 are reasonably expected to be present in | 14 | | the school, in the conveyance, or on the real property, | 15 | | such as when after-school activities are occurring, | 16 | | (B) on residential property owned,
operated or | 17 | | managed by a public housing agency
or leased by a | 18 | | public housing agency as part of a scattered site or
| 19 | | mixed-income development,
or public park, on the real
| 20 | | property comprising any school or residential property | 21 | | owned, operated or
managed by a public housing agency
| 22 | | or leased by a public housing agency as part of a | 23 | | scattered site or
mixed-income development,
or public | 24 | | park or
within 1,000 feet of the real property | 25 | | comprising any school or residential
property owned, | 26 | | operated or managed by a public housing agency
or |
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| 1 | | leased by a public housing agency as part of a | 2 | | scattered site or
mixed-income development,
or public
| 3 | | park, | 4 | | (C) on the real property comprising any church, | 5 | | synagogue, or other
building,
structure, or place used | 6 | | primarily for religious worship, or
within 1,000 feet | 7 | | of the real property comprising any church,
synagogue, | 8 | | or other building, structure, or place used primarily | 9 | | for religious
worship, or | 10 | | (D) on the real property comprising any of the | 11 | | following places,
buildings, or
structures used | 12 | | primarily for housing or providing space for | 13 | | activities for
senior citizens: nursing homes, | 14 | | assisted-living centers, senior citizen housing
| 15 | | complexes, or senior centers oriented toward daytime | 16 | | activities, or within
1,000 feet of the real property | 17 | | comprising any of the following
places, buildings, or | 18 | | structures used primarily for housing or providing | 19 | | space
for activities for senior citizens: nursing | 20 | | homes, assisted-living centers,
senior citizen housing | 21 | | complexes, or senior centers oriented toward daytime
| 22 | | activities
is guilty of a Class 2 felony, the fine for | 23 | | which shall not exceed $125,000 ; or
| 24 | | (6) subsection (h) of Section 401 is guilty of a Class | 25 | | 2 felony the fine for which shall not exceed $100,000 if he | 26 | | or she commits the violation: |
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| 1 | | (A) in any school, or any conveyance
owned, leased | 2 | | or contracted by a school to transport students to or | 3 | | from
school or a school related activity, or on the | 4 | | real property comprising any school, or within 1,000 | 5 | | feet of the real property comprising any school, and at | 6 | | the time of the violation persons under the age 18 are | 7 | | present, other than the person who committed the | 8 | | offense, the offense is committed during school hours, | 9 | | or the offense is committed at times when persons under | 10 | | the age of 18 are reasonably expected to be present in | 11 | | the school, in the conveyance, or on the real property, | 12 | | such as when after-school activities are occurring, | 13 | | (B) on residential property owned,
operated or | 14 | | managed by a public housing agency
or leased by a | 15 | | public housing agency as part of a scattered site or
| 16 | | mixed-income development,
or public park, on the real
| 17 | | property comprising any school or residential property | 18 | | owned, operated or
managed by a public housing agency
| 19 | | or leased by a public housing agency as part of a | 20 | | scattered site or
mixed-income development,
or public | 21 | | park or within 1,000 feet of the real property | 22 | | comprising any school
or residential
property owned, | 23 | | operated or managed by a public housing agency
or | 24 | | leased by a public housing agency as part of a | 25 | | scattered site or
mixed-income development,
or public
| 26 | | park, |
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| 1 | | (C) on the real property comprising any church, | 2 | | synagogue, or other
building,
structure, or place used | 3 | | primarily for religious worship, or
within 1,000 feet | 4 | | of the real property comprising any church,
synagogue, | 5 | | or other building, structure, or place used primarily | 6 | | for religious
worship, or | 7 | | (D) on the real property comprising any of the | 8 | | following places,
buildings, or
structures used | 9 | | primarily for housing or providing space for | 10 | | activities for
senior citizens: nursing homes, | 11 | | assisted-living centers, senior citizen housing
| 12 | | complexes, or senior centers oriented toward daytime | 13 | | activities, or within
1,000 feet of the real property | 14 | | comprising any of the following
places, buildings, or | 15 | | structures used primarily for housing or providing | 16 | | space
for activities for senior citizens: nursing | 17 | | homes, assisted-living centers,
senior citizen housing | 18 | | complexes, or senior centers oriented toward daytime
| 19 | | activities
is guilty of a Class 2 felony, the fine for | 20 | | which shall not exceed
$100,000 .
| 21 | | (c) (Blank). Regarding penalties prescribed in subsection
| 22 | | (b) for violations committed in a school or on or within
1,000 | 23 | | feet of school property, the time of day, time of year and | 24 | | whether
classes were currently in session at the time of the | 25 | | offense is irrelevant.
| 26 | | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| 1 | | Section 15. The Methamphetamine Control and Community | 2 | | Protection Act is amended by changing Section 55 as follows: | 3 | | (720 ILCS 646/55)
| 4 | | Sec. 55. Methamphetamine delivery. | 5 | | (a) Delivery or possession with intent to deliver | 6 | | methamphetamine or a substance containing methamphetamine.
| 7 | | (1) It is unlawful knowingly to engage in the delivery | 8 | | or possession with intent to deliver methamphetamine or a | 9 | | substance containing methamphetamine.
| 10 | | (2) A person who violates paragraph (1) of this | 11 | | subsection (a) is subject to the following penalties:
| 12 | | (A) A person who delivers or possesses with intent | 13 | | to deliver less than 5 grams of methamphetamine or a | 14 | | substance containing methamphetamine is guilty of a | 15 | | Class 2 felony.
| 16 | | (B) A person who delivers or possesses with intent | 17 | | to deliver 5 or more grams but less than 15 grams of | 18 | | methamphetamine or a substance containing | 19 | | methamphetamine is guilty of a Class 1 felony.
| 20 | | (C) A person who delivers or possesses with intent | 21 | | to deliver 15 or more grams but less than 100 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 6 years and |
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| 1 | | not more than 30 years, and subject to a fine not to | 2 | | exceed $100,000 or the street value of the | 3 | | methamphetamine, whichever is greater.
| 4 | | (D) A person who delivers or possesses with intent | 5 | | to deliver 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, whichever is greater.
| 12 | | (E) A person who delivers or possesses with intent | 13 | | to deliver 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, whichever is greater.
| 20 | | (F) A person who delivers or possesses with intent | 21 | | to deliver 900 or more grams of methamphetamine or a | 22 | | substance containing methamphetamine is guilty of a | 23 | | Class X felony, subject to a term of imprisonment of | 24 | | not less than 15 years and not more than 60 years, and | 25 | | subject to a fine not to exceed $400,000 or the street | 26 | | value of the methamphetamine, whichever is greater.
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| 1 | | (b) Aggravated delivery or possession with intent to | 2 | | deliver methamphetamine or a substance containing | 3 | | methamphetamine.
| 4 | | (1) It is unlawful to engage in the aggravated delivery | 5 | | or possession with intent to deliver methamphetamine or a | 6 | | substance containing methamphetamine. A person engages in | 7 | | the aggravated delivery or possession with intent to | 8 | | deliver methamphetamine or a substance containing | 9 | | methamphetamine when the person violates paragraph (1) of | 10 | | subsection (a) of this Section and:
| 11 | | (A) the person is at least 18 years of age and | 12 | | knowingly delivers or possesses with intent to deliver | 13 | | the methamphetamine or substance containing | 14 | | methamphetamine to a person under 18 years of age;
| 15 | | (B) the person is at least 18 years of age and | 16 | | knowingly uses, engages, employs, or causes another | 17 | | person to use, engage, or employ a person under 18 | 18 | | years of age to deliver the methamphetamine or | 19 | | substance containing methamphetamine;
| 20 | | (C) the person knowingly delivers or possesses | 21 | | with intent to deliver the methamphetamine or | 22 | | substance containing methamphetamine in any structure | 23 | | or vehicle protected by one or more firearms, explosive | 24 | | devices, booby traps, alarm systems, surveillance | 25 | | systems, guard dogs, or dangerous animals;
| 26 | | (D) the person knowingly delivers or possesses |
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| 1 | | with intent to deliver the methamphetamine or | 2 | | substance containing methamphetamine in any school, on | 3 | | any real property comprising any school, or in any | 4 | | conveyance owned, leased, or contracted by a school to | 5 | | transport students to or from school or a | 6 | | school-related activity , and at the time of the | 7 | | violation persons under the age 18 are present, other | 8 | | than the person who committed the offense, the offense | 9 | | is committed during school hours, or the offense is | 10 | | committed at times when persons under the age of 18 are | 11 | | reasonably expected to be present in the school, in the | 12 | | conveyance, or on the real property, such as when | 13 | | after-school activities are occurring ;
| 14 | | (E) the person delivers or causes another person to | 15 | | deliver the methamphetamine or substance containing | 16 | | methamphetamine to a woman that the person knows to be | 17 | | pregnant;
or | 18 | | (F) (blank). | 19 | | (2) A person who violates paragraph (1) of this | 20 | | subsection (b) is subject to the following penalties:
| 21 | | (A) A person who delivers or possesses with intent | 22 | | to deliver less than 5 grams of methamphetamine or a | 23 | | substance containing methamphetamine is guilty of a | 24 | | Class 1 felony.
| 25 | | (B) A person who delivers or possesses with intent | 26 | | to deliver 5 or more grams but less than 15 grams of |
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| 1 | | methamphetamine or a substance containing | 2 | | methamphetamine is guilty of a Class X felony, subject | 3 | | to a term of imprisonment of not less than 6 years and | 4 | | not more than 30 years, and subject to a fine not to | 5 | | exceed $100,000 or the street value of the | 6 | | methamphetamine, whichever is greater.
| 7 | | (C) A person who delivers or possesses with intent | 8 | | to deliver 15 or more grams but less than 100 grams of | 9 | | methamphetamine or a substance containing | 10 | | methamphetamine is guilty of a Class X felony, subject | 11 | | to a term of imprisonment of not less than 8 years and | 12 | | not more than 40 years, and subject to a fine not to | 13 | | exceed $200,000 or the street value of the | 14 | | methamphetamine, whichever is greater.
| 15 | | (D) A person who delivers or possesses with intent | 16 | | to deliver 100 or more grams of methamphetamine or a | 17 | | substance containing methamphetamine is guilty of a | 18 | | Class X felony, subject to a term of imprisonment of | 19 | | not less than 10 years and not more than 50 years, and | 20 | | subject to a fine not to exceed $300,000 or the street | 21 | | value of the methamphetamine, whichever is greater.
| 22 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)".
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