Illinois General Assembly - Full Text of Public Act 094-0172
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Public Act 094-0172




Public Act 094-0172
HB0529 Enrolled LRB094 06934 RLC 37049 b

    AN ACT concerning 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 411 as follows:
    (720 ILCS 570/411)  (from Ch. 56 1/2, par. 1411)
    Sec. 411. In determining the appropriate sentence for any
conviction under this Act, the sentencing court may consider
the following as indicative of the type of offenses which the
legislature deems most damaging to the peace and welfare of the
citizens of Illinois and which warrants the most severe
        (1) the unlawful delivery of the most highly toxic
    controlled substances, as reflected by their inclusion in
    Schedule I or II of this Act;
        (2) offenses involving unusually large quantities of
    controlled substances, as measured by their wholesale
    value at the time of the offense;
        (3) the unlawful delivery of controlled substances by a
    non-user to a user of controlled substances;
        (4) non-possessory offenses by persons who have no
    other visible means of support;
        (5) offenses involving the large-scale manufacture of
    controlled substances;
        (6) offenses which indicate any immediate involvement
    whatsoever with organized crime in terms of the controlled
    substance's manufacture, importation, or volume
        (7) the manufacture for, or the delivery of controlled
    substances to persons 3 years or more junior to the
    person(s) convicted under this Act;
        (8) the unlawful delivery of anabolic steroids by an
    athletic trainer, coach, or health club personnel; .
        (9) the possession, delivery, or manufacture of
    controlled substances or cannabis in the presence of a
    child under 17 years of age.
    Nothing in this section shall be construed as limiting in
any way the discretion of the court to impose any sentence
authorized by this Act.
(Source: P.A. 87-754.)

Effective Date: 1/1/2006