HB6894 93RD GENERAL ASSEMBLY

LRB093 18802 RLC 44536 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6894

Introduced 02/09/04, by Chapin Rose - Dan Brady

SYNOPSIS AS INTRODUCED:

720 ILCS 5/20-1.4 new

Amends the Criminal Code of 1961. Creates the offense of aggravated controlled substance manufacturing arson. Provides that a person commits the offense of aggravated controlled substance manufacturing arson when he or she knowingly manufactures or attempts to manufacture a controlled substance in violation of the Illinois Controlled Substances Act and that act is a contributing cause of damage to any building or structure and: (1) he or she knows or reasonably should know that one or more persons are present in the building or structure or reside or dwell in the building or structure; or (2) any person suffers bodily harm; or (3) the building or structure is the dwelling place of another and a child under 13 years of age is present in the dwelling or structure. Provides that aggravated controlled substance manufacturing arson is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 15 years and not more than 50 years.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Section 20-1.4 as follows:

(720 ILCS 5/20-1.4 new)

Sec. 20-1.4. Aggravated controlled substance manufacturing arson.

(a) A person commits the offense of aggravated controlled substance manufacturing arson when he or she knowingly manufactures or attempts to manufacture a controlled substance in violation of the Illinois Controlled Substances Act and that act is a contributing cause of damage to any building or structure and:

(1) he or she knows or reasonably should know that one or more persons are present in the building or structure or reside or dwell in the building or structure; or

(2) any person suffers bodily harm; or

(3) the building or structure is the dwelling place of another and a child under 13 years of age is present in the dwelling or structure.

(b) Aggravated controlled substance manufacturing arson is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 15 years and not more than 50 years.