Full Text of HB4551 095th General Assembly
HB4551 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4551
Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/402 |
from Ch. 56 1/2, par. 1402 |
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Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the knowing possession of a controlled or counterfeit substance or controlled substance analog.
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A BILL FOR
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HB4551 |
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LRB095 18605 RLC 44691 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 402 as follows:
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| (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
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| Sec. 402. Except as otherwise authorized by this Act, it is | 8 |
| unlawful for
any any person knowingly to possess a controlled | 9 |
| or counterfeit substance or controlled substance analog.
A | 10 |
| violation of this Act with respect to each of the controlled | 11 |
| substances
listed herein constitutes a single and separate | 12 |
| violation of this Act. For purposes of this Section, | 13 |
| "controlled substance analog" or "analog"
means a substance
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| which is intended for human consumption, other than a | 15 |
| controlled substance,
that has a chemical structure | 16 |
| substantially similar to that of a controlled
substance in | 17 |
| Schedule I or II, or that was specifically designed to produce
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| an effect substantially similar to that of a controlled | 19 |
| substance in Schedule
I or II. Examples of chemical classes in | 20 |
| which controlled substance analogs
are found include, but are | 21 |
| not limited to, the following: phenethylamines,
N-substituted | 22 |
| piperidines, morphinans, ecgonines, quinazolinones, | 23 |
| substituted
indoles, and arylcycloalkylamines. For purposes of |
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HB4551 |
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LRB095 18605 RLC 44691 b |
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| this Act, a controlled
substance analog shall be treated in the | 2 |
| same manner as the controlled
substance to which it is | 3 |
| substantially similar.
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| (a) Any person who violates this Section with respect to | 5 |
| the following
controlled or counterfeit substances and | 6 |
| amounts, notwithstanding any of the
provisions of subsections | 7 |
| (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 8 |
| shall, if sentenced to a term
of imprisonment, be sentenced as | 9 |
| provided in this subsection (a) and fined
as provided in | 10 |
| subsection (b):
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| (1) (A) not less than 4 years and not more than 15 | 12 |
| years with respect
to 15 grams or more but less than | 13 |
| 100 grams of a substance containing heroin;
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| (B) not less than 6 years and not more than 30 | 15 |
| years with respect to 100
grams or more but less than | 16 |
| 400 grams of a substance containing heroin;
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| (C) not less than 8 years and not more than 40 | 18 |
| years with respect to 400
grams or more but less than | 19 |
| 900 grams of any substance containing heroin;
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| (D) not less than 10 years and not more than 50 | 21 |
| years with respect to
900 grams or more of any | 22 |
| substance containing heroin;
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| (2) (A) not less than 4 years and not more than 15 | 24 |
| years with respect
to 15 grams or more but less than | 25 |
| 100 grams of any substance containing
cocaine;
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| (B) not less than 6 years and not more than 30 |
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HB4551 |
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LRB095 18605 RLC 44691 b |
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| years with respect to 100
grams or more but less than | 2 |
| 400 grams of any substance containing cocaine;
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| (C) not less than 8 years and not more than 40 | 4 |
| years with respect to 400
grams or more but less than | 5 |
| 900 grams of any substance containing cocaine;
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| (D) not less than 10 years and not more than 50 | 7 |
| years with respect to
900 grams or more of any | 8 |
| substance containing cocaine;
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| (3) (A) not less than 4 years and not more than 15 | 10 |
| years with respect
to 15 grams or more but less than | 11 |
| 100 grams of any substance containing
morphine;
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| (B) not less than 6 years and not more than 30 | 13 |
| years with respect to 100
grams or more but less than | 14 |
| 400 grams of any substance containing morphine;
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| (C) not less than 6 years and not more than 40 | 16 |
| years with respect to 400
grams or more but less than | 17 |
| 900 grams of any substance containing morphine;
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| (D) not less than 10 years and not more than 50 | 19 |
| years with respect to
900 grams or more of any | 20 |
| substance containing morphine;
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| (4) 200 grams or more of any substance containing | 22 |
| peyote;
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| (5) 200 grams or more of any substance containing a | 24 |
| derivative of
barbituric acid or any of the salts of a | 25 |
| derivative of barbituric acid;
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| (6) 200 grams or more of any substance containing |
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LRB095 18605 RLC 44691 b |
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| amphetamine or any salt
of an optical isomer of | 2 |
| amphetamine;
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| (6.5) (blank);
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| (7) (A) not less than 4 years and not more than 15 | 5 |
| years with respect
to: (i) 15 grams or more but less | 6 |
| than 100 grams of any substance containing
lysergic | 7 |
| acid diethylamide (LSD), or an analog thereof, or (ii) | 8 |
| 15 or
more objects or 15 or more segregated parts of an | 9 |
| object or objects but
less than 200 objects or 200 | 10 |
| segregated parts of an object or objects
containing in | 11 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 13 |
| analog thereof;
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| (B) not less than 6 years and not more than 30 | 15 |
| years with respect
to: (i) 100 grams or more but less | 16 |
| than 400 grams of any substance
containing lysergic | 17 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
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| 200 or more objects or 200 or more segregated parts of | 19 |
| an object or objects
but less than 600 objects or less | 20 |
| than 600 segregated parts of an object or
objects | 21 |
| containing in them or having upon them any amount of | 22 |
| any substance
containing lysergic acid diethylamide | 23 |
| (LSD), or an analog thereof;
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| (C) not less than 8 years and not more than 40 | 25 |
| years with respect
to: (i) 400 grams or more but less | 26 |
| than 900 grams of any substance
containing lysergic |
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HB4551 |
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LRB095 18605 RLC 44691 b |
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| acid diethylamide (LSD), or an analog thereof, or (ii)
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| 600 or more objects or 600 or more segregated parts of | 3 |
| an object or objects
but less than 1500 objects or 1500 | 4 |
| segregated parts of an object or objects
containing in | 5 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 7 |
| analog thereof;
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| (D) not less than 10 years and not more than 50 | 9 |
| years with respect
to: (i) 900 grams or more of any | 10 |
| substance containing lysergic acid
diethylamide (LSD), | 11 |
| or an analog thereof, or (ii) 1500 or more objects or
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| 1500 or more segregated parts of an object or objects | 13 |
| containing in them or
having upon them any amount of a | 14 |
| substance containing lysergic acid
diethylamide (LSD), | 15 |
| or an analog thereof;
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| (7.5) (A) not less than 4 years and not more than 15 | 17 |
| years with respect
to: (i) 15
grams or more but
less | 18 |
| than 100 grams of any substance listed in paragraph | 19 |
| (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | 20 |
| (25), or (26) of subsection (d) of Section 204, or an
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| analog or derivative
thereof, or (ii) 15 or more pills, | 22 |
| tablets, caplets, capsules, or objects but
less than | 23 |
| 200 pills,
tablets, caplets, capsules, or objects | 24 |
| containing in them or having upon them
any amount of | 25 |
| any
substance listed in paragraph (1), (2), (2.1), (3), | 26 |
| (14.1), (19), (20), (20.1),
(21), (25), or (26) of
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LRB095 18605 RLC 44691 b |
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| subsection (d) of Section 204, or an analog or | 2 |
| derivative thereof;
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| (B) not less than 6 years and not more than 30 | 4 |
| years with respect to: (i)
100
grams or more but
less | 5 |
| than 400 grams of any substance listed in paragraph | 6 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 7 |
| (25), or (26) of subsection (d) of Section 204, or an | 8 |
| analog or
derivative thereof, or
(ii) 200 or more | 9 |
| pills, tablets, caplets, capsules, or objects but less | 10 |
| than
600
pills, tablets,
caplets, capsules, or objects | 11 |
| containing in them or having upon them any amount
of | 12 |
| any
substance
listed in paragraph (1), (2), (2.1), (3), | 13 |
| (14.1), (19), (20), (20.1), (21),
(25), or (26) of | 14 |
| subsection
(d) of Section 204, or an analog or | 15 |
| derivative thereof;
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| (C) not less than 8 years and not more than 40 | 17 |
| years with respect to: (i)
400
grams or more but
less | 18 |
| than 900 grams of any substance listed in paragraph | 19 |
| (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | 20 |
| (25), or (26) of subsection (d) of Section 204, or an | 21 |
| analog or
derivative thereof,
or (ii) 600 or more | 22 |
| pills, tablets, caplets, capsules, or objects but less | 23 |
| than
1,500 pills, tablets,
caplets, capsules, or | 24 |
| objects containing in them or having upon them any | 25 |
| amount
of any
substance listed in paragraph (1), (2), | 26 |
| (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or |
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LRB095 18605 RLC 44691 b |
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| (26) of
subsection (d) of Section 204, or an analog or | 2 |
| derivative thereof;
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| (D) not less than 10 years and not more than 50 | 4 |
| years with respect to:
(i)
900 grams or more of
any | 5 |
| substance listed in paragraph (1), (2), (2.1), (3), | 6 |
| (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 7 |
| subsection (d) of Section 204, or an analog or | 8 |
| derivative thereof, or (ii)
1,500 or more pills,
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| tablets, caplets, capsules, or objects containing in | 10 |
| them or having upon them
any amount of a
substance | 11 |
| listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | 12 |
| (20), (20.1),
(21), (25), or (26) of
subsection (d) of | 13 |
| Section 204, or an analog or derivative thereof;
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| (8) 30 grams or more of any substance containing | 15 |
| pentazocine or any of
the salts, isomers and salts of | 16 |
| isomers of pentazocine, or an analog thereof;
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| (9) 30 grams or more of any substance containing | 18 |
| methaqualone or any
of the salts, isomers and salts of | 19 |
| isomers of methaqualone;
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| (10) 30 grams or more of any substance containing | 21 |
| phencyclidine or any
of the salts, isomers and salts of | 22 |
| isomers of phencyclidine (PCP);
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| (10.5) 30 grams or more of any substance containing | 24 |
| ketamine or any of
the salts, isomers and salts of isomers | 25 |
| of ketamine;
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| (11) 200 grams or more of any substance containing any |
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HB4551 |
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LRB095 18605 RLC 44691 b |
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| substance
classified as a narcotic drug in Schedules I or | 2 |
| II, or an analog thereof, which is not otherwise
included | 3 |
| in this subsection.
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| (b) Any person sentenced with respect to violations of | 5 |
| paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 6 |
| involving 100
grams or more of the
controlled substance named | 7 |
| therein, may in addition to the penalties
provided therein, be | 8 |
| fined an amount not to exceed $200,000 or the full
street value | 9 |
| of the controlled or counterfeit substances, whichever is
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| greater. The term "street value" shall have the meaning
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| ascribed in Section 110-5 of the Code of Criminal Procedure of | 12 |
| 1963. Any
person sentenced with respect to any other provision | 13 |
| of subsection (a), may
in addition to the penalties provided | 14 |
| therein, be fined an amount not to
exceed $200,000.
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| (c) Any person who violates this Section with regard to an | 16 |
| amount
of a controlled substance other than methamphetamine or | 17 |
| counterfeit substance not set forth in
subsection (a) or (d) is | 18 |
| guilty of a Class 4 felony. The fine for a
violation punishable | 19 |
| under this subsection (c) shall not be more
than $25,000.
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| (d) Any person who violates this Section with regard to any | 21 |
| amount of
anabolic steroid is guilty of a Class C misdemeanor
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| for the first offense and a Class B misdemeanor for a | 23 |
| subsequent offense
committed within 2 years of a prior | 24 |
| conviction.
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| (Source: P.A. 94-324, eff. 7-26-05; 94-556, eff. 9-11-05; | 26 |
| 95-331, eff. 8-21-07.)
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