Full Text of SB2509 97th General Assembly
SB2509 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2509 Introduced 10/24/2011, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/508 | from Ch. 56 1/2, par. 1508 |
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Amends the Illinois Controlled Substances Act. Provides that a treatment program involving the administration of Methadone may not be located within 1,000 feet of a school building or real property comprising any school that persons under 18 years of age attend. Provides that a home rule unit may not regulate Methadone clinics in a manner that is less restrictive than the manner provided in this provision. Effective immediately.
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| | A BILL FOR |
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| | | SB2509 | | LRB097 14053 RLC 58694 b |
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| 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 508 as follows:
| 6 | | (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
| 7 | | Sec. 508.
(a) The Department shall encourage research on | 8 | | controlled
substances. In connection with the research, and in | 9 | | furtherance of the
purposes of this Act, the Department may:
| 10 | | (1) establish methods to assess accurately the effect | 11 | | of controlled
substances and identify and characterize | 12 | | those with potential for abuse;
| 13 | | (2) make studies and undertake programs of research to:
| 14 | | (i) develop new or improved approaches, | 15 | | techniques, systems, equipment
and devices to | 16 | | strengthen the enforcement of this Act;
| 17 | | (ii) determine patterns of use, misuse, and abuse | 18 | | of controlled
substances and their social effects; and
| 19 | | (iii) improve methods for preventing, predicting, | 20 | | understanding, and
dealing with the use, misuse and | 21 | | abuse of controlled substances; and
| 22 | | (3) enter into contracts with public agencies, | 23 | | educational institutions,
and private organizations or |
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| 1 | | individuals for the purpose of conducting
research, | 2 | | demonstrations, or special projects which relate to the | 3 | | use,
misuse and abuse of controlled substances.
| 4 | | (b) Persons authorized to engage in research may be | 5 | | authorized by the
Department to protect the privacy of | 6 | | individuals who are
the subjects of such research by | 7 | | withholding from all persons not connected
with the conduct of | 8 | | the research the names and other identifying
characteristics of | 9 | | such individuals. Persons who are given this
authorization | 10 | | shall not be compelled in any civil, criminal,
administrative, | 11 | | legislative or other proceeding to identify the individuals
who | 12 | | are the subjects of research for which the authorization was | 13 | | granted,
except to the extent necessary to permit the | 14 | | Department to
determine whether the research is being conducted | 15 | | in accordance with the
authorization.
| 16 | | (c) The Department may authorize the possession and | 17 | | dispensing of
controlled substances by persons engaged in | 18 | | research, upon such terms and
conditions as may be consistent | 19 | | with the public health and safety. The
Department may also | 20 | | approve research and treatment
programs involving the | 21 | | administration of Methadone. The use of Methadone,
or any | 22 | | similar controlled substance by any person is prohibited in | 23 | | this
State except as approved and authorized by the Department
| 24 | | in accordance with its rules and regulations. To the extent of | 25 | | the
applicable authorization, persons are exempt from | 26 | | prosecution in this State
for possession, manufacture or |
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| 1 | | delivery of controlled substances.
| 2 | | (c-5) A treatment program involving the administration of | 3 | | Methadone under this Section may not be located within 1,000 | 4 | | feet of a school building or real property comprising any | 5 | | school that persons under 18 years of age attend. For purposes | 6 | | of this subsection (c-5), "school" means a public or private | 7 | | pre-school, elementary, or secondary school. A home rule unit | 8 | | may not regulate Methadone clinics in a manner that is less | 9 | | restrictive than the manner provided in this subsection (c-5). | 10 | | This subsection (c-5) is a limitation under subsection (i) of | 11 | | Section 6 of Article VII of the Illinois Constitution on the | 12 | | concurrent exercise by home rule units of powers and functions | 13 | | exercised by the State. | 14 | | (d) Practitioners registered under Federal law to conduct | 15 | | research with
Schedule I substances may conduct research with | 16 | | Schedule I substances within
this State upon furnishing | 17 | | evidence of that Federal registration and notification
of the | 18 | | scope and purpose of such research to the Department.
| 19 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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