Public Act 094-0324
 		





HB0763 Enrolled
LRB094 05105 RLC 35145 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 402 as follows:
 



    (720 ILCS 570/402)  (from Ch. 56 1/2, par. 1402)



    Sec. 402. Except as otherwise authorized by this Act, it is 
unlawful for
any person knowingly to possess a controlled or 
counterfeit substance or controlled substance analog.
A 
violation of this Act with respect to each of the controlled 
substances
listed herein constitutes a single and separate 
violation of this Act. For purposes of this Section, 
"controlled substance analog" or "analog"
means a substance

which is intended for human consumption, other than a 
controlled substance,
that has a chemical structure 
substantially similar to that of a controlled
substance in 
Schedule I or II, or that was specifically designed to produce

an effect substantially similar to that of a controlled 
substance in Schedule
I or II.  Examples of chemical classes in 
which controlled substance analogs
are found include, but are 
not limited to, the following: phenethylamines,
N-substituted 
piperidines, morphinans, ecgonines, quinazolinones, 
substituted
indoles, and arylcycloalkylamines.  For purposes of 
this Act, a controlled
substance analog shall be treated in the 
same manner as the controlled
substance to which it is 
substantially similar.


    (a) Any person who violates this Section with respect to 
the following
controlled or counterfeit substances and 
amounts, notwithstanding any of the
provisions of subsections 
(c) and (d) to the
contrary, is guilty of a Class 1 felony and 
shall, if sentenced to a term
of imprisonment, be sentenced as 
provided in this subsection (a) and fined
as provided in 
subsection (b):


        (1) (A) not less than 4 years and not more than 15 
        years with respect
to 15 grams or more but less than 
        100 grams of a substance containing heroin;


            (B) not less than 6 years and not more than 30 
        years with respect to 100
grams or more but less than 
        400 grams of a substance containing heroin;


            (C) not less than 8 years and not more than 40 
        years with respect to 400
grams or more but less than 
        900 grams of any substance containing heroin;


            (D) not less than 10 years and not more than 50 
        years with respect to
900 grams or more of any 
        substance containing heroin;

 

        (2) (A) not less than 4 years and not more than 15 
        years with respect
to 15 grams or more but less than 
        100 grams of any substance containing
cocaine;


            (B) not less than 6 years and not more than 30 
        years with respect to 100
grams or more but less than 
        400 grams of any substance containing cocaine;


            (C) not less than 8 years and not more than 40 
        years with respect to 400
grams or more but less than 
        900 grams of any substance containing cocaine;


            (D) not less than 10 years and not more than 50 
        years with respect to
900 grams or more of any 
        substance containing cocaine;

 

        (3) (A) not less than 4 years and not more than 15 
        years with respect
to 15 grams or more but less than 
        100 grams of any substance containing
morphine;


            (B) not less than 6 years and not more than 30 
        years with respect to 100
grams or more but less than 
        400 grams of any substance containing morphine;


            (C) not less than 6 years and not more than 40 
        years with respect to 400
grams or more but less than 
        900 grams of any substance containing morphine;


            (D) not less than 10 years and not more than 50 
        years with respect to
900 grams or more of any 
        substance containing morphine;


        (4) 200 grams or more of any substance containing 
    peyote;


        (5) 200 grams or more of any substance containing a 
    derivative of
barbituric acid or any of the salts of a 
    derivative of barbituric acid;


        (6) 200 grams or more of any substance containing 
    amphetamine or any salt
of an optical isomer of 
    amphetamine;


        (6.5)  (A) not less than 4 years and not more than 15 
        years with
respect to 15 grams or more but less than 
        100 grams of a substance containing
methamphetamine or 
        any salt of an optical isomer of
methamphetamine;


            (B) not less than 6 years and not more than 30 
        years with respect to 100
grams or more but less than 
        400 grams of a substance containing
methamphetamine or 
        any salt of an optical isomer of
methamphetamine;


            (C) not less than 8 years and not more than 40 
        years with
respect to
400 grams or more but less than 
        900 grams of a substance containing
methamphetamine or 
        any salt of an optical isomer of
methamphetamine;


            (D) not less than 10 years and not more than 50 
        years with
respect to
900 grams or more of any 
        substance containing methamphetamine or
any salt of an 
        optical isomer of methamphetamine;


        (7) (A) not less than 4 years and not more than 15 
        years with respect
to: (i) 15 grams or more but less 
        than 100 grams of any substance containing
lysergic 
        acid diethylamide (LSD), or an analog thereof, or (ii) 
        15 or
more objects or 15 or more segregated parts of an 
        object or objects but
less than 200 objects or 200 
        segregated parts of an object or objects
containing in 
        them or having upon them any amount of any substance

        containing lysergic acid diethylamide (LSD), or an 
        analog thereof;


            (B) not less than 6 years and not more than 30 
        years with respect
to: (i) 100 grams or more but less 
        than 400 grams of any substance
containing lysergic 
        acid diethylamide (LSD), or an analog thereof, or (ii)

        200 or more objects or 200 or more segregated parts of 
        an object or objects
but less than 600 objects or less 
        than 600 segregated parts of an object or
objects 
        containing in them or having upon them any amount of 
        any substance
containing lysergic acid diethylamide 
        (LSD), or an analog thereof;


            (C) not less than 8 years and not more than 40 
        years with respect
to:  (i) 400 grams or more but less 
        than 900 grams of any substance
containing lysergic 
        acid diethylamide (LSD), or an analog thereof, or (ii)

        600 or more objects or 600 or more segregated parts of 
        an object or objects
but less than 1500 objects or 1500 
        segregated parts of an object or objects
containing in 
        them or having upon them any amount of any substance

        containing lysergic acid diethylamide (LSD), or an 
        analog thereof;


            (D) not less than 10 years and not more than 50 
        years with respect
to:  (i) 900 grams or more of any 
        substance containing lysergic acid
diethylamide (LSD), 
        or an analog thereof, or (ii) 1500 or more objects or

        1500 or more segregated parts of an object or objects 
        containing in them or
having upon them any amount of a 
        substance containing lysergic acid
diethylamide (LSD), 
        or an analog thereof;


        (7.5) (A) not less than 4 years and not more than 15 
        years with respect
to: (i) 15
grams or more but
less 
        than 100 grams of any substance listed in paragraph 
        (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), 
        (25), or (26) of subsection (d) of Section 204, or an

        analog or derivative
thereof, or (ii) 15 or more pills, 
        tablets, caplets, capsules, or objects but
less than 
        200 pills,
tablets, caplets, capsules, or objects 
        containing in them or having upon them
any amount of 
        any
substance listed in paragraph (1), (2), (2.1), (3), 
        (14.1), (19), (20), (20.1),
(21), (25), or (26) of

        subsection (d) of Section 204, or an analog or 
        derivative thereof;


            (B) not less than 6 years and not more than 30 
        years with respect to: (i)
100
grams or more but
less 
        than 400 grams of any substance listed in paragraph 
        (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), 
        (25), or (26) of subsection (d) of Section 204, or an 
        analog or
derivative thereof, or
(ii) 200 or more 
        pills, tablets, caplets, capsules, or objects but less 
        than
600
pills, tablets,
caplets, capsules, or objects 
        containing in them or having upon them any amount
of 
        any
substance
listed in paragraph (1), (2), (2.1), (3), 
        (14.1), (19), (20), (20.1), (21),
(25), or (26) of 
        subsection
(d) of Section 204, or an analog or 
        derivative thereof;


            (C) not less than 8 years and not more than 40 
        years with respect to: (i)
400
grams or more but
less 
        than 900 grams of any substance listed in paragraph 
        (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), 
        (25), or (26) of subsection (d) of Section 204, or an 
        analog or
derivative thereof,
or (ii) 600 or more 
        pills, tablets, caplets, capsules, or objects but less 
        than
1,500 pills, tablets,
caplets, capsules, or 
        objects containing in them or having upon them any 
        amount
of any
substance listed in paragraph (1), (2), 
        (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or 
        (26) of
subsection (d) of Section 204, or an analog or 
        derivative thereof;


            (D) not less than 10 years and not more than 50 
        years with respect to:
(i)
900 grams or more of
any 
        substance listed in paragraph (1), (2), (2.1), (3), 
        (14.1), (19), (20),
(20.1), (21), (25), or (26)
of 
        subsection (d) of Section 204, or an analog or 
        derivative thereof, or (ii)
1,500 or more pills,

        tablets, caplets, capsules, or objects containing in 
        them or having upon them
any amount of a
substance 
        listed in paragraph (1), (2), (2.1), (3), (14.1), (19), 
        (20), (20.1),
(21), (25), or (26) of
subsection (d) of 
        Section 204, or an analog or derivative thereof;


        (8) 30 grams or more of any substance containing 
    pentazocine or any of
the salts, isomers and salts of 
    isomers of pentazocine, or an analog thereof;


        (9) 30 grams or more of any substance containing 
    methaqualone or any
of the salts, isomers and salts of 
    isomers of methaqualone;


        (10) 30 grams or more of any substance containing 
    phencyclidine or any
of the salts, isomers and salts of 
    isomers of phencyclidine (PCP);


        (10.5) 30 grams or more of any substance containing 
    ketamine or any of
the salts, isomers and salts of isomers 
    of ketamine;


        (11) 200 grams or more of any substance containing any 
    substance
classified as a narcotic drug in Schedules I or 
    II, or an analog thereof,  which is not otherwise
included 
    in this subsection.

    (b) Any person sentenced with respect to violations of 
paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) 
involving 100
grams or more of the
controlled substance named 
therein, may in addition to the penalties
provided therein, be 
fined an amount not to exceed $200,000 or the full
street value 
of the controlled or counterfeit substances, whichever is

greater.  The term "street value" shall have the meaning

ascribed in Section 110-5 of the Code of Criminal Procedure of 
1963.  Any
person sentenced with respect to any other provision 
of subsection (a), may
in addition to the penalties provided 
therein, be fined an amount not to
exceed $200,000.

    (c) Any person who violates this Section with regard to an 
amount
of a controlled or counterfeit substance not set forth 
in
subsection (a) or (d) is guilty of a Class 4 felony.  The 
fine for a
violation punishable under this subsection (c) shall 
not be more
than $25,000.

    (d) Any person who violates this Section with regard to any 
amount of
anabolic steroid is guilty of a Class C misdemeanor

for the first offense and a Class B misdemeanor for a 
subsequent offense
committed within 2 years of a prior 
conviction.

(Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; 
92-256, eff.
1-1-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  7/26/2005