Full Text of HB5886 99th General Assembly
HB5886ham001 99TH GENERAL ASSEMBLY | Rep. Katherine Cloonen Filed: 3/24/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5886
| 2 | | AMENDMENT NO. ______. Amend House Bill 5886 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 407 as follows:
| 6 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| 7 | | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | 8 | | violates any
subsection of Section 401 or subsection (b) of | 9 | | Section 404 by delivering a
controlled, counterfeit or | 10 | | look-alike substance to a person under 18 years
of age may be | 11 | | sentenced to imprisonment for a term up to twice the maximum
| 12 | | term and fined an amount up to twice that amount otherwise | 13 | | authorized by
the pertinent subsection of Section 401 and | 14 | | Subsection (b) of Section 404.
| 15 | | (B) (Blank).
| 16 | | (2) Except as provided in paragraph (3) of this subsection, |
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| 1 | | any person
who violates:
| 2 | | (A) subsection (c) 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 1 felony, the fine for which shall not exceed | 7 | | $250,000;
| 8 | | (B) subsection (d) 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 2 felony, the fine for which shall not exceed | 13 | | $200,000;
| 14 | | (C) subsection (e) of Section 401 or subsection (b) of | 15 | | Section 404
by delivering or possessing with intent to | 16 | | deliver a controlled,
counterfeit, or look-alike substance | 17 | | in or on, or within 1,000 feet of, a
truck stop or safety | 18 | | rest area, is guilty of a Class 3 felony, the fine for
| 19 | | which shall not exceed $150,000;
| 20 | | (D) subsection (f) of Section 401 by delivering or | 21 | | possessing with
intent to deliver a controlled, | 22 | | counterfeit, or look-alike substance in or
on, or within | 23 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 24 | | of
a Class 3 felony, the fine for which shall not exceed | 25 | | $125,000;
| 26 | | (E) subsection (g) of Section 401 by delivering or |
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| 1 | | possessing with
intent to deliver a controlled, | 2 | | counterfeit, or look-alike substance in or
on, or within | 3 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 4 | | of
a Class 3 felony, the fine for which shall not exceed | 5 | | $100,000;
| 6 | | (F) subsection (h) of Section 401 by delivering or | 7 | | possessing with
intent to deliver a controlled, | 8 | | counterfeit, or look-alike substance in or
on, or within | 9 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 10 | | of
a Class 3 felony, the fine for which shall not exceed | 11 | | $75,000;
| 12 | | (3) Any person who violates paragraph (2) of this | 13 | | subsection (a) by
delivering or possessing with intent to | 14 | | deliver a controlled, counterfeit,
or look-alike substance in | 15 | | or on, or within 1,000 feet of a truck stop or a
safety rest | 16 | | area, following a prior conviction or convictions of paragraph
| 17 | | (2) of this subsection (a) may be sentenced to a term of | 18 | | imprisonment up to
2 times the maximum term and fined an amount | 19 | | up to 2 times the amount
otherwise authorized by Section 401.
| 20 | | (4) For the purposes of this subsection (a):
| 21 | | (A) "Safety rest area" means a roadside facility | 22 | | removed from the
roadway with parking and facilities | 23 | | designed for motorists' rest, comfort,
and information | 24 | | needs; and
| 25 | | (B) "Truck stop" means any facility (and its parking | 26 | | areas) used to
provide fuel or service, or both, to any |
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| 1 | | commercial motor vehicle as
defined in Section 18b-101 of | 2 | | the Illinois Vehicle Code.
| 3 | | (b) Any person who violates:
| 4 | | (1) subsection (c) of Section 401 in any school, or any | 5 | | conveyance
owned, leased or contracted by a school to | 6 | | transport students to or from
school or a school related | 7 | | activity, or residential property owned, operated or
| 8 | | managed by a public housing agency or leased by a public | 9 | | housing agency as part
of a scattered site or mixed-income | 10 | | development, drug treatment center, or public park, on the | 11 | | real
property comprising any school or residential | 12 | | property owned, operated or
managed by a public housing | 13 | | agency or leased by a public housing agency as part
of a | 14 | | scattered site or mixed-income development, drug treatment | 15 | | center, or public park or
within 1,000 feet of the real | 16 | | property comprising any school or
residential property | 17 | | owned, operated or managed by a public housing
agency
or | 18 | | leased by a public housing agency as part of a scattered | 19 | | site or
mixed-income development, drug treatment center, | 20 | | or public park, on the real property comprising any
church, | 21 | | synagogue, or
other building, structure, or place used | 22 | | primarily for religious worship, or
within 1,000 feet of | 23 | | the real property comprising any church, synagogue, or
| 24 | | other building, structure, or place used primarily for | 25 | | religious worship, on
the real property comprising any of | 26 | | the following places, buildings, or
structures used |
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| 1 | | primarily for housing or providing space for activities for
| 2 | | senior citizens: nursing homes, assisted-living centers, | 3 | | senior citizen housing
complexes, or senior centers | 4 | | oriented toward daytime activities, or within
1,000 feet of | 5 | | the real property comprising any of the following places,
| 6 | | buildings, or structures used primarily for housing or | 7 | | providing space for
activities for senior citizens: | 8 | | nursing homes, assisted-living centers, senior
citizen | 9 | | housing complexes, or senior centers oriented toward | 10 | | daytime activities
is guilty of a Class X felony, the fine | 11 | | for which shall not
exceed $500,000;
| 12 | | (2) subsection (d) of Section 401 in any school, or any | 13 | | conveyance
owned, leased or contracted by a school to | 14 | | transport students to or from
school or a school related | 15 | | activity, or residential property owned,
operated or | 16 | | managed by a public housing agency or leased by a public | 17 | | housing
agency as part of a scattered site or mixed-income | 18 | | development, drug treatment center, or public park,
on the | 19 | | real property comprising any school or residential | 20 | | property owned,
operated or managed by a public housing | 21 | | agency or leased by a public housing
agency as part of a | 22 | | scattered site or mixed-income development, drug treatment | 23 | | center, or public park
or within 1,000 feet of the real | 24 | | property comprising any school or residential
property | 25 | | owned, operated or managed by a public housing agency or | 26 | | leased by a
public housing agency as part of a scattered |
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| 1 | | site or mixed-income development, drug treatment center,
| 2 | | or public park, 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 of | 5 | | the real property comprising any church,
synagogue, or | 6 | | other building, structure, or place used primarily for | 7 | | religious
worship, on the real property comprising any of | 8 | | the following places,
buildings, or
structures used | 9 | | primarily for housing or providing space for activities for
| 10 | | senior citizens: nursing homes, assisted-living centers, | 11 | | senior citizen housing
complexes, or senior centers | 12 | | oriented toward daytime activities, or within
1,000 feet of | 13 | | the real property comprising any of the following
places, | 14 | | buildings, or structures used primarily for housing or | 15 | | providing space
for activities for senior citizens: | 16 | | nursing homes, assisted-living centers,
senior citizen | 17 | | housing complexes, or senior centers oriented toward | 18 | | daytime
activities is guilty of a Class 1 felony, the fine | 19 | | for which shall not exceed
$250,000;
| 20 | | (3) subsection (e) of Section 401 or Subsection (b) of | 21 | | Section 404 in
any school, or any conveyance owned, leased | 22 | | or contracted by a school to
transport students to or from | 23 | | school or a school related activity, or
residential | 24 | | property owned, operated or managed by a public housing | 25 | | agency or
leased by a public housing agency as part of a | 26 | | scattered site or mixed-income
development, drug treatment |
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| 1 | | center, or public park, on the real property comprising any | 2 | | school or
residential property owned, operated or managed | 3 | | by a public housing agency or
leased by a public housing | 4 | | agency as part of a scattered site or mixed-income
| 5 | | development, drug treatment center, or public park or | 6 | | within 1,000 feet of the real property
comprising
any | 7 | | school or residential property owned, operated or managed | 8 | | by a
public housing agency or leased by a public housing | 9 | | agency as part of a
scattered site or mixed-income | 10 | | development, drug treatment center, or public park, on the | 11 | | real
property comprising any church, synagogue, or other | 12 | | building, structure, or
place used primarily for religious | 13 | | worship, or within 1,000 feet of the real
property | 14 | | comprising any church, synagogue, or other building, | 15 | | structure, or
place used primarily for religious worship, | 16 | | on the real property comprising any
of the following | 17 | | places, buildings, or structures used primarily for | 18 | | housing or
providing space for activities for
senior | 19 | | citizens: nursing homes, assisted-living centers, senior | 20 | | citizen housing
complexes, or senior centers oriented | 21 | | toward daytime activities, or within
1,000 feet of the real | 22 | | property comprising any of the following
places, | 23 | | buildings, or structures used primarily for housing or | 24 | | providing space
for activities for senior citizens: | 25 | | nursing homes, assisted-living centers,
senior citizen | 26 | | housing complexes, or senior centers oriented toward |
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| 1 | | daytime
activities is guilty of a Class 2 felony, the fine | 2 | | for
which shall not exceed $200,000;
| 3 | | (4) subsection (f) of Section 401 in any school, or any | 4 | | conveyance
owned, leased or contracted by a school to | 5 | | transport students to or from
school or a school related | 6 | | activity, or residential property owned,
operated or | 7 | | managed by a public housing agency
or leased by a public | 8 | | housing agency as part of a scattered site or
mixed-income | 9 | | development, drug treatment center,
or public park, on the | 10 | | real
property comprising any school or residential | 11 | | property owned, operated or
managed by a public housing | 12 | | agency
or leased by a public housing agency as part of a | 13 | | scattered site or
mixed-income development, drug treatment | 14 | | center,
or public park or
within 1,000 feet of the real | 15 | | property comprising any school or residential
property | 16 | | owned, operated or managed by a public housing agency
or | 17 | | leased by a public housing agency as part of a scattered | 18 | | site or
mixed-income development, drug treatment center,
| 19 | | or public
park, on the real property comprising any church, | 20 | | synagogue, or other
building,
structure, or place used | 21 | | primarily for religious worship, or
within 1,000 feet of | 22 | | the real property comprising any church,
synagogue, or | 23 | | other building, structure, or place used primarily for | 24 | | religious
worship, on the real property comprising any of | 25 | | the following places,
buildings, or
structures used | 26 | | primarily for housing or providing space for activities for
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| 1 | | senior citizens: nursing homes, assisted-living centers, | 2 | | senior citizen housing
complexes, or senior centers | 3 | | oriented toward daytime activities, or within
1,000 feet of | 4 | | the real property comprising any of the following
places, | 5 | | buildings, or structures used primarily for housing or | 6 | | providing space
for activities for senior citizens: | 7 | | nursing homes, assisted-living centers,
senior citizen | 8 | | housing complexes, or senior centers oriented toward | 9 | | daytime
activities
is guilty of a Class 2 felony, the fine | 10 | | for which shall not exceed
$150,000;
| 11 | | (5) subsection (g) of Section 401 in any school, or any | 12 | | conveyance
owned, leased or contracted by a school to | 13 | | transport students to or from
school or a school related | 14 | | activity, or residential property owned,
operated or | 15 | | managed by a public housing agency
or leased by a public | 16 | | housing agency as part of a scattered site or
mixed-income | 17 | | development, drug treatment center,
or public park, on the | 18 | | real
property comprising any school or residential | 19 | | property owned, operated or
managed by a public housing | 20 | | agency
or leased by a public housing agency as part of a | 21 | | scattered site or
mixed-income development, drug treatment | 22 | | center,
or public park or
within 1,000 feet of the real | 23 | | property comprising any school or residential
property | 24 | | owned, operated or managed by a public housing agency
or | 25 | | leased by a public housing agency as part of a scattered | 26 | | site or
mixed-income development, drug treatment center,
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| 1 | | or public
park, 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 of | 4 | | the real property comprising any church,
synagogue, or | 5 | | other building, structure, or place used primarily for | 6 | | religious
worship, on the real property comprising any of | 7 | | the following places,
buildings, or
structures used | 8 | | primarily for housing or providing space for activities for
| 9 | | senior citizens: nursing homes, assisted-living centers, | 10 | | senior citizen housing
complexes, or senior centers | 11 | | oriented toward daytime activities, or within
1,000 feet of | 12 | | the real property comprising any of the following
places, | 13 | | buildings, or structures used primarily for housing or | 14 | | providing space
for activities for senior citizens: | 15 | | nursing homes, assisted-living centers,
senior citizen | 16 | | housing complexes, or senior centers oriented toward | 17 | | daytime
activities
is guilty of a Class 2 felony, the fine | 18 | | for which shall not exceed $125,000;
| 19 | | (6) subsection (h) of Section 401 in any school, or any | 20 | | conveyance
owned, leased or contracted by a school to | 21 | | transport students to or from
school or a school related | 22 | | activity, or residential property owned,
operated or | 23 | | managed by a public housing agency
or leased by a public | 24 | | housing agency as part of a scattered site or
mixed-income | 25 | | development, drug treatment center,
or public park, on the | 26 | | real
property comprising any school or residential |
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| 1 | | property owned, operated or
managed by a public housing | 2 | | agency
or leased by a public housing agency as part of a | 3 | | scattered site or
mixed-income development, drug treatment | 4 | | center,
or public park or within 1,000 feet of the real | 5 | | property comprising any school
or residential
property | 6 | | owned, operated or managed by a public housing agency
or | 7 | | leased by a public housing agency as part of a scattered | 8 | | site or
mixed-income development, drug treatment center,
| 9 | | or public
park, 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 of | 12 | | the real property comprising any church,
synagogue, or | 13 | | other building, structure, or place used primarily for | 14 | | religious
worship, on the real property comprising any of | 15 | | the following places,
buildings, or
structures used | 16 | | primarily for housing or providing space for activities for
| 17 | | senior citizens: nursing homes, assisted-living centers, | 18 | | senior citizen housing
complexes, or senior centers | 19 | | oriented toward daytime activities, or within
1,000 feet of | 20 | | the real property comprising any of the following
places, | 21 | | buildings, or structures used primarily for housing or | 22 | | providing space
for activities for senior citizens: | 23 | | nursing homes, assisted-living centers,
senior citizen | 24 | | housing complexes, or senior centers oriented toward | 25 | | daytime
activities
is guilty of a Class 2 felony, the fine | 26 | | for which shall not exceed
$100,000.
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| 1 | | As used in this subsection (b), "drug treatment center" | 2 | | means an establishment that provides comprehensive treatment | 3 | | and intervention treatment to adults or youth who suffer from | 4 | | the disease of addiction. | 5 | | (c) Regarding penalties prescribed in subsection
(b) for | 6 | | violations committed in a school or on or within
1,000 feet of | 7 | | school property, the time of day, time of year and whether
| 8 | | classes were currently in session at the time of the offense is | 9 | | irrelevant.
| 10 | | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)".
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