Public Act 90-0164 of the 90th General Assembly
Public Act 90-0164
HB2015 Enrolled LRB9005137RCcc
AN ACT to amend the Illinois Controlled Substances Act by
changing Section 407.
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) 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.
(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 and
managed by a public housing agency or public park, on the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park or on any public way within 1,000
feet of the real property comprising any school or
residential property owned, operated and managed by a
public housing agency or public park, on the real
property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on any public way 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 on a
public way 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 and
managed by a public housing agency or public park, on the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park or on any public way within 1,000
feet of the real property comprising any school or
residential property owned, operated and managed by a
public housing agency or public park, on the real
property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on any public way 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 on a
public way 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 and managed by a
public housing agency or public park, on the real
property comprising any school or residential property
owned, operated and managed by a public housing agency or
public park or on any public way within 1,000 feet of the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park, on the real property comprising
any church, synagogue, or other building, structure, or
place used primarily for religious worship, or on a
public way 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 on a public way 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 and
managed by a public housing agency or public park, on the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park or on any public way within 1,000
feet of the real property comprising any school or
residential property owned, operated and managed by a
public housing agency or public park, on the real
property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on any public way 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 on a public way 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 and
managed by a public housing agency or public park, on the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park or on any public way within 1,000
feet of the real property comprising any school or
residential property owned, operated and managed by a
public housing agency or public park, on the real
property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on any public way 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 on a
public way 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 and
managed by a public housing agency or public park, on the
real property comprising any school or residential
property owned, operated and managed by a public housing
agency or public park or on any public way within 1,000
feet of the real property comprising any school or
residential property owned, operated and managed by a
public housing agency or public park, on the real
property comprising any church, synagogue, or other
building, structure, or place used primarily for
religious worship, or on any public way 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 on a
public way 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. 89-451, eff. 1-1-97.)