HB1115ham001 99TH GENERAL ASSEMBLY

Rep. Robert F. Martwick

Filed: 3/5/2015

09900HB1115ham001 LRB099 04990 RLC 31459 a

AMENDMENT TO HOUSE BILL 1115

AMENDMENT NO. ______. Amend House Bill 1115 by replacing everything after the enacting clause with the following:

"Section 5. The Cannabis Control Act is amended by changing Sections 4 and 5 and by adding Section 4.1 as follows:

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:

(a) not more than 30 2.5 grams of any substance containing cannabis is subject to a Uniform Cannabis Citation under Section 4.1 of this Act, unless the person has been previously convicted of 2 or more violations under this Act, in which case the person is guilty of a Class A misdemeanor guilty of a Class C misdemeanor;

(b) (blank); more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(c) (blank); more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) more than 30 grams but not more than 100 500 grams of any substance containing cannabis is guilty of a Class A misdemeanor for a first offense, and a Class 4 felony for a subsequent offense Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) more than 100 500 grams but not more than 500 2,000 grams of any substance containing cannabis is guilty of a Class 4 3 felony;

(e-1) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(Source: P.A. 90-397, eff. 8-15-97.)

(720 ILCS 550/4.1 new)

Sec. 4.1. Petty offense sentence for misdemeanor possession of 30 grams or less of cannabis.

(a) Upon arrest for possession of not more than 30 grams of any substance containing cannabis under subsection (a) of Section 4 of this Act, criminal charges may be commenced under a Uniform Cannabis Citation under Section 111-3 of the Code of Criminal Procedure of 1963, and the defendant shall be prosecuted and sentenced for the commission of a petty offense.

(b) For purposes of this Section, "petty offense" is an offense for which a sentence of imprisonment is not an authorized disposition as defined in Section 5-1-17 of the Unified Code of Corrections.

(c) After a person has been arrested for an offense listed in subsection (a) of this Section, once the officer has determined the identity of the person, and determined that the offender has not been convicted of 2 or more offenses under this Act, the law enforcement officer may issue the person a Uniform Cannabis Citation. When the law enforcement officer has observed the commission of the offense, the signing of the Uniform Cannabis Citation is sufficient to charge the person if the law enforcement officer certifies that the statements set forth in the Uniform Cannabis Citation are true and correct and are subject to the penalties provided by law for false certification under Section 1-109 of the Code of Civil Procedure and perjury under Section 32-2 of the Criminal Code of 2012. The Uniform Cannabis Citation shall allege the commission of the offense by including:

(1) the name, date of birth, and address of the defendant;

(2) the name of the offense;

(3) the statutory provision alleged to have been violated;

(4) the date, time, location, and county of the offense as definitely can be done;

(5) the weight of the recovered substance; and

(6) the fine amount based upon defendant's number of prior guilty dispositions charged by a Uniform Cannabis Citation.

When a Uniform Cannabis Citation has been issued to a defendant, the copy of the Citation filed with the circuit court constitutes a complaint to which the defendant may plead, unless he or she specifically requests that a verified complaint be filed.

(d) When a Uniform Cannabis Citation has been issued to a defendant, the arresting officer shall set the defendant's first appearance in court on a date not less than 14 days but within 60 days after the date of the defendant's arrest.

(e) When a Uniform Cannabis Citation has been issued to a defendant, the law enforcement officer shall also issue written notice to the defendant in substantially the following form:

AVOID MULTIPLE COURT APPEARANCES

If you intend to plead "not guilty" to this charge, or if, in addition, you intend to demand a trial by jury, so notify the clerk of the court at least 10 days (excluding Saturdays, Sundays, or holidays) before the day set for your appearance. A new appearance date for a trial by jury will be set for a court date not less than 45 days, but not more than 60 days, after your arrest, and arrangements will be made to have the arresting officer and laboratory analyst on the next court date for jury trial. Failure to notify the clerk of either your intention to plead "not guilty" or your intention to demand a jury trial, may result in your having to return to court, if you plead "not guilty" on the date originally set for your court appearance.

(f) A case shall not be dismissed due to an error by the arresting officer or the clerk of the court, or both, in setting a defendant's first appearance date, subject to the right of speedy trial provided under Section 103-5 of the Code of Criminal Procedure of 1963.

(g) Within 14 days (excluding Saturdays, Sundays, or holidays) from the date defendant was issued a Uniform Cannabis Citation, a defendant may enter a plea of guilty and mail the fine to the clerk of the court of the county in which defendant was arrested. The fine schedule when no court appearance is required is as follows:

(1) $250 for first disposition of guilty of an offense charged by a Uniform Cannabis Citation;

(2) $300 for second disposition of guilty of an offense charged by a Uniform Cannabis Citation;

(3) a person who commits a third or subsequent offense is subject to the criminal penalties set forth in subsection (a) of Section 4 of this Act.

(h) To plead guilty, the defendant shall sign the section on the reverse side of the Uniform Cannabis Citation which indicates defendant knowingly and voluntarily enters a plea of guilty after being informed that:

(1) the nature of the charge is a petty offense not punishable by a sentence of imprisonment;

(2) the maximum sentence is a fine of $300, plus an additional penalty for failure to pay the fine within 14 days, court fees and costs, drug laboratory analysis fees and costs, and a period of probation or conditional discharge not to exceed a period of 6 months;

(3) the minimum sentence for this offense is a fine of $250, plus an additional penalty for failure to pay the fine within 14 days, court fees and costs, and drug laboratory analysis fees and costs;

(4) the defendant has the right to plead not guilty, to persist in the plea of not guilty if it has already been made, or to plead guilty;

(5) if the defendant pleads not guilty and requests a trial, if the defendant is found guilty he or she is required to pay the fee imposed by subsection (j) of this Section, an additional penalty for failure to pay the fine in a timely manner, all applicable court costs and fees, and all applicable crime laboratory drug analysis costs and fees prescribed by the circuit court;

(6) if the defendant pleads guilty, there shall not be a trial of any kind, so that by pleading guilty, the defendant waives the right to a trial by jury and the right to be confronted with the witnesses against him or her, to cross-examine these witnesses, and to testify if he or she chooses to do so;

(7) if the defendant fails to appear at a hearing or trial, a default judgment shall be entered against the defendant for the fine amount under subsection (j) of this Section, plus all applicable fees and costs under this Section, and an arrest warrant may issue for the defendant under Supreme Court Rule 572(b); and

(8) the disposition of this offense shall be sent to the Department of State Police and the local law enforcement agency that issued the Citation.

(i) When a defendant has received a Uniform Cannabis Citation and does not appear on the date set for appearance or any date which the case has been continued, the court shall continue the case for a minimum of 30 days and require a notice of the next continued court date be sent to the defendant at his or her last known address. If defendant does not appear on or before the next continued court date and satisfy the court that his or her appearance was impossible and without any fault on his or her part, the court shall enter an order of failure to appear to answer the charge. A verified charge may be filed, if one has not been previously filed, and a summons or warrant of arrest for the defendant may be issued by the court.

(j) Sentence. Upon a plea of guilty during a court appearance or a finding of guilty after a trial, the court shall impose a fine for each offense:

(1) $250 for first disposition of guilty of an offense charged by Uniform Cannabis Citation;

(2) $300 for second disposition of guilty of an offense charged by Uniform Cannabis Citation;

(3) a person who commits a third or subsequent offense is subject to the criminal penalties set forth in subsection (a) of Section 4 of this Act.

In addition to the mandatory fine, and imposition of court costs, the court may also impose a sentence of probation or conditional discharge not to exceed a period of 6 months. The court shall specify any of the conditions of probation and conditional discharge available under Section 5-6-3 of the Unified Code of Corrections.

(k) A person who fails to pay any applicable fines, fees, or costs issued under this Section within 180 days is subject to garnishment, lien, attachment, or other judicial process to recover any outstanding debt.

(l) All funds obtained under this Section shall be distributed into the general revenue fund of the county in which the offense was committed.

(m) The Department of State Police shall create a Uniform Cannabis Citation for use by law enforcement agencies in accordance with this Section. The Department of State Police may adopt rules to implement the provisions of this Section.

(n) A county or municipality, including a home rule unit, may not regulate the enforcement of laws governing violations of the Cannabis Control Act. This Section is a denial and limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers exclusively exercised by the State. A system of regulation enforcing laws governing violations of the Cannabis Control Act by a county or municipality, including a home rule unit, that was in effect before the effective date of this amendatory Act of the 99th General Assembly is exempt from the provisions of this Section.

(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)

Sec. 5. It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. Any person who violates this section with respect to:

(a) not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class 4 felony for a third or subsequent offense 2.5 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(b) (blank); more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor;

(c) (blank); more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony for a first offense, and a Class 3 felony for a second or subsequent offense. A for which a fine not to exceed $50,000 may be imposed for a violation of this subsection;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony for which a fine not to exceed $150,000 may be imposed;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class X felony for which a fine not to exceed $200,000 may be imposed.

(Source: P.A. 90-397, eff. 8-15-97.)

Section 10. The Code of Criminal Procedure of 1963 is amended by changing Section 111-3 as follows:

(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)

Sec. 111-3. Form of charge.

(a) A charge shall be in writing and allege the commission of an offense by:

(1) Stating the name of the offense;

(2) Citing the statutory provision alleged to have been violated;

(3) Setting forth the nature and elements of the offense charged;

(4) Stating the date and county of the offense as definitely as can be done; and

(5) Stating the name of the accused, if known, and if not known, designate the accused by any name or description by which he can be identified with reasonable certainty.

(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description.

(b) An indictment shall be signed by the foreman of the Grand Jury and an information shall be signed by the State's Attorney and sworn to by him or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor and is the complaining witness, the signing of the complaint by the peace officer is sufficient to charge the defendant with the commission of the offense, and the complaint need not be sworn to if the officer signing the complaint certifies that the statements set forth in the complaint are true and correct and are subject to the penalties provided by law for false certification under Section 1-109 of the Code of Civil Procedure and perjury under Section 32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic Ticket, or Uniform Conservation Ticket, or Uniform Cannabis Citation (in a form prescribed by the Conference of Chief Circuit Judges and filed with the Supreme Court), the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed.

(c) When the State seeks an enhanced sentence because of a prior conviction, the charge shall also state the intention to seek an enhanced sentence and shall state such prior conviction so as to give notice to the defendant. However, the fact of such prior conviction and the State's intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. For the purposes of this Section, "enhanced sentence" means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification of offense set forth in Section 5-4.5-10 of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the same level of classification of offense.

(c-5) Notwithstanding any other provision of law, in all cases in which the imposition of the death penalty is not a possibility, if an alleged fact (other than the fact of a prior conviction) is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact must be included in the charging instrument or otherwise provided to the defendant through a written notification before trial, submitted to a trier of fact as an aggravating factor, and proved beyond a reasonable doubt. Failure to prove the fact beyond a reasonable doubt is not a bar to a conviction for commission of the offense, but is a bar to increasing, based on that fact, the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for that offense. Nothing in this subsection (c-5) requires the imposition of a sentence that increases the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense if the imposition of that sentence is not required by law.

(d) At any time prior to trial, the State on motion shall be permitted to amend the charge, whether brought by indictment, information or complaint, to make the charge comply with subsection (c) or (c-5) of this Section. Nothing in Section 103-5 of this Code precludes such an amendment or a written notification made in accordance with subsection (c-5) of this Section.

(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not be affected by this Section.

(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)".