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90_HB2015eng
720 ILCS 570/407 from Ch. 56 1/2, par. 1407
Amends the Illinois Controlled Substances Act.
Establishes various enhanced penalties for delivering
controlled substances in senior citizens centers and other
areas used primarily for housing or providing space for
activities for senior citizens.
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 407.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 407 as follows:
7 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
8 Sec. 407. (a) (1) Any person 18 years of age or over who
9 violates any subsection of Section 401 or subsection (b) of
10 Section 404 by delivering a controlled, counterfeit or
11 look-alike substance to a person under 18 years of age may be
12 sentenced to imprisonment for a term up to twice the maximum
13 term and fined an amount up to twice that amount otherwise
14 authorized by the pertinent subsection of Section 401 and
15 Subsection (b) of Section 404.
16 (2) Except as provided in paragraph (3) of this
17 subsection, any person who violates:
18 (A) subsection (c) of Section 401 by
19 delivering or possessing with intent to deliver a
20 controlled, counterfeit, or look-alike substance in
21 or on, or within 1,000 feet of, a truck stop or
22 safety rest area, is guilty of a Class 1 felony, the
23 fine for which shall not exceed $250,000;
24 (B) subsection (d) of Section 401 by
25 delivering or possessing with intent to deliver a
26 controlled, counterfeit, or look-alike substance in
27 or on, or within 1,000 feet of, a truck stop or
28 safety rest area, is guilty of a Class 2 felony, the
29 fine for which shall not exceed $200,000;
30 (C) subsection (e) of Section 401 or
31 subsection (b) of Section 404 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
3 within 1,000 feet of, a truck stop or safety rest
4 area, is guilty of a Class 3 felony, the fine for
5 which shall not exceed $150,000;
6 (D) subsection (f) of Section 401 by
7 delivering or possessing with intent to deliver a
8 controlled, counterfeit, or look-alike substance in
9 or on, or within 1,000 feet of, a truck stop or
10 safety rest area, is guilty of a Class 3 felony, the
11 fine for which shall not exceed $125,000;
12 (E) subsection (g) of Section 401 by
13 delivering or possessing with intent to deliver a
14 controlled, counterfeit, or look-alike substance in
15 or on, or within 1,000 feet of, a truck stop or
16 safety rest area, is guilty of a Class 3 felony, the
17 fine for which shall not exceed $100,000;
18 (F) subsection (h) of Section 401 by
19 delivering or possessing with intent to deliver a
20 controlled, counterfeit, or look-alike substance in
21 or on, or within 1,000 feet of, a truck stop or
22 safety rest area, is guilty of a Class 3 felony, the
23 fine for which shall not exceed $75,000;
24 (3) Any person who violates paragraph (2) of this
25 subsection (a) by delivering or possessing with intent to
26 deliver a controlled, counterfeit, or look-alike
27 substance in or on, or within 1,000 feet of a truck stop
28 or a safety rest area, following a prior conviction or
29 convictions of paragraph (2) of this subsection (a) may
30 be sentenced to a term of imprisonment up to 2 times the
31 maximum term and fined an amount up to 2 times the amount
32 otherwise authorized by Section 401.
33 (4) For the purposes of this subsection (a):
34 (A) "Safety rest area" means a roadside
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1 facility removed from the roadway with parking and
2 facilities designed for motorists' rest, comfort,
3 and information needs; and
4 (B) "Truck stop" means any facility (and its
5 parking areas) used to provide fuel or service, or
6 both, to any commercial motor vehicle as defined in
7 Section 18b-101 of the Illinois Vehicle Code.
8 (b) Any person who violates:
9 (1) subsection (c) of Section 401 in any school, or
10 any conveyance owned, leased or contracted by a school to
11 transport students to or from school or a school related
12 activity, or residential property owned, operated and
13 managed by a public housing agency or public park, on the
14 real property comprising any school or residential
15 property owned, operated and managed by a public housing
16 agency or public park or on any public way within 1,000
17 feet of the real property comprising any school or
18 residential property owned, operated and managed by a
19 public housing agency or public park, on the real
20 property comprising any church, synagogue, or other
21 building, structure, or place used primarily for
22 religious worship, or on any public way within 1,000 feet
23 of 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
27 primarily for housing or providing space for activities
28 for senior citizens: nursing homes, assisted-living
29 centers, senior citizen housing complexes, or senior
30 centers oriented toward daytime activities, or on a
31 public way within 1,000 feet of the real property
32 comprising any of the following places, buildings, or
33 structures used primarily for housing or providing space
34 for activities for senior citizens: nursing homes,
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1 assisted-living centers, senior citizen housing
2 complexes, or senior centers oriented toward daytime
3 activities is guilty of a Class X felony, the fine for
4 which shall not exceed $500,000;
5 (2) subsection (d) of Section 401 in any school, or
6 any conveyance owned, leased or contracted by a school to
7 transport students to or from school or a school related
8 activity, or residential property owned, operated and
9 managed by a public housing agency or public park, on the
10 real property comprising any school or residential
11 property owned, operated and managed by a public housing
12 agency or public park or on any public way within 1,000
13 feet of the real property comprising any school or
14 residential property owned, operated and managed by a
15 public housing agency or public park, on the real
16 property comprising any church, synagogue, or other
17 building, structure, or place used primarily for
18 religious worship, or on any public way within 1,000 feet
19 of the real property comprising any church, synagogue, or
20 other building, structure, or place used primarily for
21 religious worship, on the real property comprising any of
22 the following places, buildings, or structures used
23 primarily for housing or providing space for activities
24 for senior citizens: nursing homes, assisted-living
25 centers, senior citizen housing complexes, or senior
26 centers oriented toward daytime activities, or on a
27 public way within 1,000 feet of the real property
28 comprising any of the following places, buildings, or
29 structures used primarily for housing or providing space
30 for activities for senior citizens: nursing homes,
31 assisted-living centers, senior citizen housing
32 complexes, or senior centers oriented toward daytime
33 activities is guilty of a Class 1 felony, the fine for
34 which shall not exceed $250,000;
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1 (3) subsection (e) of Section 401 or Subsection (b)
2 of Section 404 in any school, or any conveyance owned,
3 leased or contracted by a school to transport students to
4 or from school or a school related activity, or
5 residential property owned, operated and managed by a
6 public housing agency or public park, on the real
7 property comprising any school or residential property
8 owned, operated and managed by a public housing agency or
9 public park or on any public way within 1,000 feet of the
10 real property comprising any school or residential
11 property owned, operated and managed by a public housing
12 agency or public park, on the real property comprising
13 any church, synagogue, or other building, structure, or
14 place used primarily for religious worship, or on a
15 public way within 1,000 feet of the real property
16 comprising any church, synagogue, or other building,
17 structure, or place used primarily for religious worship,
18 on the real property comprising any of the following
19 places, buildings, or structures used primarily for
20 housing or providing space for activities for senior
21 citizens: nursing homes, assisted-living centers, senior
22 citizen housing complexes, or senior centers oriented
23 toward daytime activities, or on a public way within
24 1,000 feet of the real property comprising any of the
25 following places, buildings, or structures used primarily
26 for housing or providing space for activities for senior
27 citizens: nursing homes, assisted-living centers, senior
28 citizen housing complexes, or senior centers oriented
29 toward daytime activities is guilty of a Class 2 felony,
30 the fine for which shall not exceed $200,000;
31 (4) subsection (f) of Section 401 in any school, or
32 any conveyance owned, leased or contracted by a school to
33 transport students to or from school or a school related
34 activity, or residential property owned, operated and
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1 managed by a public housing agency or public park, on the
2 real property comprising any school or residential
3 property owned, operated and managed by a public housing
4 agency or public park or on any public way within 1,000
5 feet of the real property comprising any school or
6 residential property owned, operated and managed by a
7 public housing agency or public park, on the real
8 property comprising any church, synagogue, or other
9 building, structure, or place used primarily for
10 religious worship, or on any public way within 1,000
11 feet of the real property comprising any church,
12 synagogue, or other building, structure, or place used
13 primarily for religious worship, on the real property
14 comprising any of the following places, buildings, or
15 structures used primarily for housing or providing space
16 for activities for senior citizens: nursing homes,
17 assisted-living centers, senior citizen housing
18 complexes, or senior centers oriented toward daytime
19 activities, or on a public way within 1,000 feet of the
20 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
26 fine for which shall not exceed $150,000;
27 (5) subsection (g) of Section 401 in any school, or
28 any conveyance owned, leased or contracted by a school to
29 transport students to or from school or a school related
30 activity, or residential property owned, operated and
31 managed by a public housing agency or public park, on the
32 real property comprising any school or residential
33 property owned, operated and managed by a public housing
34 agency or public park or on any public way within 1,000
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1 feet of the real property comprising any school or
2 residential property owned, operated and managed by a
3 public housing agency or public park, on the real
4 property comprising any church, synagogue, or other
5 building, structure, or place used primarily for
6 religious worship, or on any public way within 1,000 feet
7 of the real property comprising any church, synagogue, or
8 other building, structure, or place used primarily for
9 religious worship, on the real property comprising any of
10 the following places, buildings, or structures used
11 primarily for housing or providing space for activities
12 for senior citizens: nursing homes, assisted-living
13 centers, senior citizen housing complexes, or senior
14 centers oriented toward daytime activities, or on a
15 public way within 1,000 feet of the real property
16 comprising any of the following places, buildings, or
17 structures used primarily for housing or providing space
18 for activities for senior citizens: nursing homes,
19 assisted-living centers, senior citizen housing
20 complexes, or senior centers oriented toward daytime
21 activities is guilty of a Class 2 felony, the fine for
22 which shall not exceed $125,000;
23 (6) subsection (h) of Section 401 in any school, or
24 any conveyance owned, leased or contracted by a school to
25 transport students to or from school or a school related
26 activity, or residential property owned, operated and
27 managed by a public housing agency or public park, on the
28 real property comprising any school or residential
29 property owned, operated and managed by a public housing
30 agency or public park or on any public way within 1,000
31 feet of the real property comprising any school or
32 residential property owned, operated and managed by a
33 public housing agency or public park, on the real
34 property comprising any church, synagogue, or other
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1 building, structure, or place used primarily for
2 religious worship, or on any public way within 1,000 feet
3 of the real property comprising any church, synagogue, or
4 other building, structure, or place used primarily for
5 religious worship, on the real property comprising any of
6 the following places, buildings, or structures used
7 primarily for housing or providing space for activities
8 for senior citizens: nursing homes, assisted-living
9 centers, senior citizen housing complexes, or senior
10 centers oriented toward daytime activities, or on a
11 public way within 1,000 feet of the real property
12 comprising any of the following places, buildings, or
13 structures used primarily for housing or providing space
14 for activities for senior citizens: nursing homes,
15 assisted-living centers, senior citizen housing
16 complexes, or senior centers oriented toward daytime
17 activities is guilty of a Class 2 felony, the fine for
18 which shall not exceed $100,000.
19 (c) Regarding penalties prescribed in subsection (b) for
20 violations committed in a school or on or within 1,000 feet
21 of school property, the time of day, time of year and whether
22 classes were currently in session at the time of the offense
23 is irrelevant.
24 (Source: P.A. 89-451, eff. 1-1-97.)