Public Act 93-0223

SB1793 Enrolled                      LRB093 10498 RLC 10752 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Controlled  Substances Act is
amended by changing Section 407 as follows:

    (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
    Sec. 407.  (a) (1)(A) Any person 18 years of age or  over
who  violates any subsection of Section 401 or subsection (b)
of Section 404 by delivering  a  controlled,  counterfeit  or
look-alike substance to a person under 18 years of age may be
sentenced  to imprisonment for a term up to twice the maximum
term and fined an amount up to twice  that  amount  otherwise
authorized  by  the  pertinent  subsection of Section 401 and
Subsection (b) of Section 404.
    (B)  Any person 18 years of  age  or  over  who  violates
subdivision   (a)(6.5),   subdivision  (a)(6.6),  subdivision
(c)(6.5), subsection (c-5),  subsection  (d),  or  subsection
(d-5)   of  Section  401  by  manufacturing  methamphetamine,
preparing  to   manufacture   methamphetamine,   or   storing
methamphetamine,      methamphetamine     ingredients,     or
methamphetamine waste in any vehicle or real property where a
child under 18 years  of  age  resides,  is  present,  or  is
otherwise  endangered  by  exposure  to  the methamphetamine,
methamphetamine  ingredients,   methamphetamine   waste,   or
methamphetamine  manufacturing  process  may  be sentenced to
imprisonment for a term up to  twice  the  maximum  term  and
fined  an amount up to twice that amount otherwise authorized
by the pertinent subsection of Section 401 and subsection (b)
of Section 404.
    (2)  Except  as  provided  in  paragraph  (3)   of   this
subsection, any person who violates:
         (A)  subsection  (c) of Section 401 by delivering or
    possessing  with  intent   to   deliver   a   controlled,
    counterfeit,  or look-alike substance in or on, or within
    1,000 feet of, a truck  stop  or  safety  rest  area,  is
    guilty  of a Class 1 felony, the fine for which shall not
    exceed $250,000;
         (B)  subsection (d) of Section 401 by delivering  or
    possessing   with   intent   to   deliver  a  controlled,
    counterfeit, or look-alike substance in or on, or  within
    1,000  feet  of,  a  truck  stop  or safety rest area, is
    guilty of a Class 2 felony, the fine for which shall  not
    exceed $200,000;
         (C)  subsection (e) of Section 401 or subsection (b)
    of Section 404 by delivering or possessing with intent to
    deliver   a   controlled,   counterfeit,   or  look-alike
    substance in or on, or within 1,000 feet of, a truck stop
    or safety rest area, is guilty of a Class 3  felony,  the
    fine for which shall not exceed $150,000;
         (D)  subsection  (f) of Section 401 by delivering or
    possessing  with  intent   to   deliver   a   controlled,
    counterfeit,  or look-alike substance in or on, or within
    1,000 feet of, a truck  stop  or  safety  rest  area,  is
    guilty  of a Class 3 felony, the fine for which shall not
    exceed $125,000;
         (E)  subsection (g) of Section 401 by delivering  or
    possessing   with   intent   to   deliver  a  controlled,
    counterfeit, or look-alike substance in or on, or  within
    1,000  feet  of,  a  truck  stop  or safety rest area, is
    guilty of a Class 3 felony, the fine for which shall  not
    exceed $100,000;
         (F)  subsection  (h) of Section 401 by delivering or
    possessing  with  intent   to   deliver   a   controlled,
    counterfeit,  or look-alike substance in or on, or within
    1,000 feet of, a truck  stop  or  safety  rest  area,  is
    guilty  of a Class 3 felony, the fine for which shall not
    exceed $75,000;
    (3)  Any  person  who  violates  paragraph  (2)  of  this
subsection (a) by delivering or  possessing  with  intent  to
deliver a controlled, counterfeit, or look-alike substance in
or  on, or within 1,000 feet of a truck stop or a safety rest
area,  following  a  prior  conviction  or   convictions   of
paragraph  (2)  of  this subsection (a) may be sentenced to a
term of imprisonment up to 2 times the maximum term and fined
an amount up to 2 times the amount  otherwise  authorized  by
Section 401.
    (4)  For the purposes of this subsection (a):
         (A)  "Safety  rest  area"  means a roadside facility
    removed from the  roadway  with  parking  and  facilities
    designed  for  motorists'  rest, comfort, and information
    needs; and
         (B)  "Truck  stop"  means  any  facility  (and   its
    parking  areas) used to provide fuel or service, or both,
    to any commercial motor vehicle  as  defined  in  Section
    18b-101 of the Illinois Vehicle Code.
    (b)  Any person who violates:
         (1)  subsection (c) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport  students to or from school or a school related
    activity, or  residential  property  owned,  operated  or
    managed  by a public housing agency or leased by a public
    housing  agency  as  part  of   a   scattered   site   or
    mixed-income  development,  or  public  park, on the real
    property comprising any school  or  residential  property
    owned,  operated or managed by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or  mixed-income  development,  or  public  park or
    within 1,000 feet of the  real  property  comprising  any
    school or residential property owned, operated or managed
    by  a public housing agency or leased by a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development,   or  public  park,  on  the  real  property
    comprising any  church,  synagogue,  or  other  building,
    structure, or place used primarily for religious worship,
    or  within 1,000 feet of the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities,  or  within  1,000  feet of the real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities is guilty of a  Class  X  felony,  the
    fine for which shall not exceed $500,000;
         (2)  subsection (d) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport  students to or from school or a school related
    activity, or  residential  property  owned,  operated  or
    managed  by a public housing agency or leased by a public
    housing  agency  as  part  of   a   scattered   site   or
    mixed-income  development,  or  public  park, on the real
    property comprising any school  or  residential  property
    owned,  operated or managed by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or  mixed-income  development,  or  public  park or
    within 1,000 feet of the  real  property  comprising  any
    school or residential property owned, operated or managed
    by  a public housing agency or leased by a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development,   or  public  park,  on  the  real  property
    comprising any  church,  synagogue,  or  other  building,
    structure, or place used primarily for religious worship,
    or  within 1,000 feet of the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities,  or  within  1,000  feet of the real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities is guilty of a  Class  1  felony,  the
    fine for which shall not exceed $250,000;
         (3)  subsection (e) of Section 401 or Subsection (b)
    of  Section  404  in any school, or any conveyance owned,
    leased or contracted by a school to transport students to
    or  from  school  or  a  school  related   activity,   or
    residential  property  owned,  operated  or  managed by a
    public housing agency  or  leased  by  a  public  housing
    agency  as  part  of  a  scattered  site  or mixed-income
    development,  or  public  park,  on  the  real   property
    comprising  any  school  or  residential  property owned,
    operated or managed by a public housing agency or  leased
    by a public housing agency as part of a scattered site or
    mixed-income  development, or public park or within 1,000
    feet of  the  real  property  comprising  any  school  or
    residential  property  owned,  operated  or  managed by a
    public housing agency  or  leased  by  a  public  housing
    agency  as  part  of  a  scattered  site  or mixed-income
    development,  or  public  park,  on  the  real   property
    comprising  any  church,  synagogue,  or  other building,
    structure, or place used primarily for religious worship,
    or within 1,000 feet of the real property comprising  any
    church, synagogue, or other building, structure, or place
    used   primarily  for  religious  worship,  on  the  real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities, or within  1,000  feet  of  the  real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities  is  guilty  of a Class 2 felony, the
    fine for which shall not exceed $200,000;
         (4)  subsection (f) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or  residential  property  owned,  operated or
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or managed by a public housing agency  or
    leased  by a public housing agency as part of a scattered
    site or  mixed-income  development,  or  public  park  or
    within  1,000  feet  of  the real property comprising any
    school or residential property owned, operated or managed
    by a public housing agency or leased by a public  housing
    agency  as  part  of  a  scattered  site  or mixed-income
    development,  or  public  park,  on  the  real   property
    comprising  any  church,  synagogue,  or  other building,
    structure, or place used primarily for religious worship,
    or within 1,000 feet of the real property comprising  any
    church, synagogue, or other building, structure, or place
    used   primarily  for  religious  worship,  on  the  real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities, or within  1,000  feet  of  the  real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities  is  guilty  of a Class 2 felony, the
    fine for which shall not exceed $150,000;
         (5)  subsection (g) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport students to or from school or a school  related
    activity,  or  residential  property  owned,  operated or
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, or public  park,  on  the  real
    property  comprising  any  school or residential property
    owned, operated or  managed by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or  mixed-income  development,  or  public  park or
    within 1,000 feet of the  real  property  comprising  any
    school or residential property owned, operated or managed
    by  a public housing agency or leased by a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development,   or  public  park,  on  the  real  property
    comprising any  church,  synagogue,  or  other  building,
    structure, or place used primarily for religious worship,
    or  within 1,000 feet of the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities,  or  within  1,000  feet of the real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities is guilty of a  Class  2  felony,  the
    fine for which shall not exceed $125,000;
         (6)  subsection (h) of Section 401 in any school, or
    any conveyance owned, leased or contracted by a school to
    transport  students to or from school or a school related
    activity, or  residential  property  owned,  operated  or
    managed  by a public housing agency or leased by a public
    housing  agency  as  part  of   a   scattered   site   or
    mixed-income  development,  or  public  park, on the real
    property comprising any school  or  residential  property
    owned,  operated or managed by a public housing agency or
    leased by a public housing agency as part of a  scattered
    site  or  mixed-income  development,  or  public  park or
    within 1,000 feet of the  real  property  comprising  any
    school or residential property owned, operated or managed
    by  a public housing agency or leased by a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development,   or  public  park,  on  the  real  property
    comprising any  church,  synagogue,  or  other  building,
    structure, or place used primarily for religious worship,
    or  within 1,000 feet of the real property comprising any
    church, synagogue, or other building, structure, or place
    used  primarily  for  religious  worship,  on  the   real
    property   comprising   any   of  the  following  places,
    buildings, or structures used primarily  for  housing  or
    providing  space  for  activities  for  senior  citizens:
    nursing  homes,  assisted-living  centers, senior citizen
    housing complexes,  or  senior  centers  oriented  toward
    daytime  activities,  or  within  1,000  feet of the real
    property  comprising  any  of   the   following   places,
    buildings,  or  structures  used primarily for housing or
    providing  space  for  activities  for  senior  citizens:
    nursing homes, assisted-living  centers,  senior  citizen
    housing  complexes,  or  senior  centers  oriented toward
    daytime activities is guilty of a Class  2  felony,   the
    fine  for which  shall not exceed $100,000.
    (c)  Regarding penalties prescribed in subsection (b) for
violations  committed  in a school or on or within 1,000 feet
of school property, the time of day, time of year and whether
classes were currently in session at the time of the  offense
is irrelevant.
(Source: P.A.  91-353,  eff.  1-1-00;  91-673, eff. 12-22-99;
92-16, eff. 6-28-01.)