[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
90_HB0618sam001
LRB9003115RCksam
1 AMENDMENT TO HOUSE BILL 618
2 AMENDMENT NO. . Amend House Bill 618, on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to criminal fines."; and
5 on page 1, by inserting between lines 4 and 5 the following:
6 "Section 2. The Illinois Controlled Substances Act is
7 amended by changing Section 402 as follows:
8 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
9 Sec. 402. Except as otherwise authorized by this Act, it
10 is unlawful for any person knowingly to possess a controlled
11 or counterfeit substance. A violation of this Act with
12 respect to each of the controlled substances listed herein
13 constitutes a single and separate violation of this Act.
14 (a) Any person who violates this Section with respect to
15 the following controlled or counterfeit substances and
16 amounts, notwithstanding any of the provisions of subsection
17 (c) and (d) to the contrary, is guilty of a Class 1 felony
18 and shall, if sentenced to a term of imprisonment, be
19 sentenced as provided in this subsection (a) and fined as
20 provided in subsection (b):
21 (1) (A) not less than 4 years and not more than 15
-2- LRB9003115RCksam
1 years with respect to 15 grams or more but less than
2 100 grams of a substance containing heroin;
3 (B) not less than 6 years and not more than 30
4 years with respect to 100 grams or more but less
5 than 400 grams of a substance containing heroin;
6 (C) not less than 8 years and not more than 40
7 years with respect to 400 grams or more but less
8 than 900 grams of any substance containing heroin;
9 (D) not less than 10 years and not more than
10 50 years with respect to 900 grams or more of any
11 substance containing heroin;
12 (2) (A) not less than 4 years and not more than 15
13 years with respect to 15 grams or more but less than
14 100 grams of any substance containing cocaine;
15 (B) not less than 6 years and not more than 30
16 years with respect to 100 grams or more but less
17 than 400 grams of any substance containing cocaine;
18 (C) not less than 8 years and not more than 40
19 years with respect to 400 grams or more but less
20 than 900 grams of any substance containing cocaine;
21 (D) not less than 10 years and not more than
22 50 years with respect to 900 grams or more of any
23 substance containing cocaine;
24 (3) (A) not less than 4 years and not more than 15
25 years with respect to 15 grams or more but less than
26 100 grams of any substance containing morphine;
27 (B) not less than 6 years and not more than 30
28 years with respect to 100 grams or more but less
29 than 400 grams of any substance containing morphine;
30 (C) not less than 8 years and not more than 40
31 years with respect to 400 grams or more but less
32 than 900 grams of any substance containing morphine;
33 (D) not less than 10 years and not more than
-3- LRB9003115RCksam
1 50 years with respect to 900 grams or more of any
2 substance containing morphine;
3 (4) 200 grams or more of any substance containing
4 peyote;
5 (5) 200 grams or more of any substance containing a
6 derivative of barbituric acid or any of the salts of a
7 derivative of barbituric acid;
8 (6) 200 grams or more of any substance containing
9 amphetamine or methamphetamine or any salt of an optical
10 isomer of amphetamine or methamphetamine;
11 (7) (A) not less than 4 years and not more than 15
12 years with respect to: (i) 15 grams or more but less
13 than 100 grams of any substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof, or
15 (ii) 15 or more objects or 15 or more segregated
16 parts of an object or objects but less than 200
17 objects or 200 segregated parts of an object or
18 objects containing in them or having upon them any
19 amount of any substance containing lysergic acid
20 diethylamide (LSD), or an analog thereof;
21 (B) not less than 6 years and not more than 30
22 years with respect to: (i) 100 grams or more but
23 less than 400 grams of any substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof, or (ii) 200 or more objects or 200 or more
26 segregated parts of an object or objects but less
27 than 600 objects or less than 600 segregated parts
28 of an object or objects containing in them or having
29 upon them any amount of any substance containing
30 lysergic acid diethylamide (LSD), or an analog
31 thereof;
32 (C) not less than 8 years and not more than 40
33 years with respect to: (i) 400 grams or more but
34 less than 900 grams of any substance containing
-4- LRB9003115RCksam
1 lysergic acid diethylamide (LSD), or an analog
2 thereof, or (ii) 600 or more objects or 600 or more
3 segregated parts of an object or objects but less
4 than 1500 objects or 1500 segregated parts of an
5 object or objects containing in them or having upon
6 them any amount of any substance containing lysergic
7 acid diethylamide (LSD), or an analog thereof;
8 (D) not less than 10 years and not more than
9 50 years with respect to: (i) 900 grams or more of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) 1500 or more
12 objects or 1500 or more segregated parts of an
13 object or objects containing in them or having upon
14 them any amount of a substance containing lysergic
15 acid diethylamide (LSD), or an analog thereof;
16 (8) 30 grams or more of any substance containing
17 pentazocine or any of the salts, isomers and salts of
18 isomers of pentazocine, or an analog thereof;
19 (9) 30 grams or more of any substance containing
20 methaqualone or any of the salts, isomers and salts of
21 isomers of methaqualone;
22 (10) 30 grams or more of any substance containing
23 phencyclidine or any of the salts, isomers and salts of
24 isomers of phencyclidine (PCP);
25 (11) 200 grams or more of any substance containing
26 any substance classified as a narcotic drug in Schedules
27 I or II which is not otherwise included in this
28 subsection.
29 (b) Any person sentenced with respect to violations of
30 paragraph (1), (2), (3) or (7) of subsection (a) involving
31 100 grams or more of the controlled substance named therein,
32 may in addition to the penalties provided therein, be fined
33 an amount not to exceed $200,000 or the full street value of
34 the controlled or counterfeit substances, whichever is
-5- LRB9003115RCksam
1 greater. The term "street value" shall have the meaning
2 ascribed in Section 110-5 of the Code of Criminal Procedure
3 of 1963. Any person sentenced with respect to any other
4 provision of subsection (a), may in addition to the penalties
5 provided therein, be fined an amount not to exceed $200,000.
6 (c) Any person who violates this Section with regard to
7 an amount of a controlled or counterfeit substance not set
8 forth in subsection (a) or (d) is guilty of a Class 4 felony.
9 The fine for a violation punishable under this subsection (c)
10 shall not be more than $25,000 $15,000.
11 (d) Any person who violates this Section with regard to
12 any amount of anabolic steroid is guilty of a Class C
13 misdemeanor for the first offense and a Class B misdemeanor
14 for a subsequent offense committed within 2 years of a prior
15 conviction.
16 (Source: P.A. 89-404, eff. 8-20-95.)".