Illinois General Assembly - Full Text of SB0456
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Full Text of SB0456  93rd General Assembly

SB0456 93rd General Assembly


093_SB0456

 
                                     LRB093 03748 LRD 03782 b

 1        AN ACT in relation to drugs.

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

 4        Section  5.   The  Cannabis  Control  Act  is  amended by
 5    changing Section 5.2 as follows:

 6        (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
 7        Sec. 5.2.  Delivery of cannabis on school grounds.
 8        (a)  Any person who violates subsection (e) of Section  5
 9    in any school, on the real property comprising any school, or
10    any  conveyance  owned,  leased  or contracted by a school to
11    transport students to or from  school  or  a  school  related
12    activity,  or on any public way within 1,000 feet of the real
13    property  comprising  any  school,  or  any conveyance owned,
14    leased or contracted by a school to transport students to  or
15    from  school or a school related activity, and any person who
16    violates subsection (e) of Section 5 on any public way within
17    1,000 feet of a school bus stop on a scheduled school day  at
18    any  time  beginning  one hour before the start of school and
19    ending one hour after the end of school, is guilty of a Class
20    1 felony, the fine for which shall not exceed $200,000;
21        (b)  Any person who violates subsection (d) of Section  5
22    in any school, on the real property comprising any school, or
23    any  conveyance  owned,  leased  or contracted by a school to
24    transport students to or from  school  or  a  school  related
25    activity,  or on any public way within 1,000 feet of the real
26    property comprising any  school,  or  any  conveyance  owned,
27    leased  or contracted by a school to transport students to or
28    from school or a school related activity, and any person  who
29    violates subsection (d) of Section 5 on any public way within
30    1,000  feet of a school bus stop on a scheduled school day at
31    any time beginning one hour before the start  of  school  and
 
                            -2-      LRB093 03748 LRD 03782 b
 1    ending one hour after the end of school, is guilty of a Class
 2    2 felony, the fine for which shall not exceed $100,000;
 3        (c)  Any  person who violates subsection (c) of Section 5
 4    in any school, on the real property comprising any school, or
 5    any conveyance owned, leased or contracted  by  a  school  to
 6    transport  students  to  or  from  school or a school related
 7    activity, or on any public way within 1,000 feet of the  real
 8    property  comprising  any  school,  or  any conveyance owned,
 9    leased or contracted by a school to transport students to  or
10    from  school or a school related activity, and any person who
11    violates subsection (c) of Section 5 on any public way within
12    1,000 feet of a school bus stop on a scheduled school day  at
13    any  time  beginning  one hour before the start of school and
14    ending one hour after the end of school, is guilty of a Class
15    3 felony, the fine for which shall not exceed $50,000;
16        (d)  Any person who violates subsection (b) of Section  5
17    in any school, on the real property comprising any school, or
18    any  conveyance  owned,  leased  or contracted by a school to
19    transport students to or from  school  or  a  school  related
20    activity,  or on any public way within 1,000 feet of the real
21    property comprising any  school,  or  any  conveyance  owned,
22    leased  or contracted by a school to transport students to or
23    from school or a school related activity, and any person  who
24    violates subsection (b) of Section 5 on any public way within
25    1,000  feet of a school bus stop on a scheduled school day at
26    any time beginning one hour before the start  of  school  and
27    ending one hour after the end of school, is guilty of a Class
28    4 felony, the fine for which shall not exceed $25,000;
29        (e)  Any  person who violates subsection (a) of Section 5
30    in any school, on the real property comprising any school, or
31    any conveyance owned, leased or contracted  by  a  school  to
32    transport  students  to  or  from  school or a school related
33    activity, on any public way within 1,000  feet  of  the  real
34    property  comprising  any  school,  or  any conveyance owned,
 
                            -3-      LRB093 03748 LRD 03782 b
 1    leased or contracted by a school to transport students to  or
 2    from  school or a school related activity, and any person who
 3    violates subsection (a) of Section 5 on any public way within
 4    1,000 feet of a school bus stop on a scheduled school day  at
 5    any  time  beginning  one hour before the start of school and
 6    ending one hour after the end of school, is guilty of a Class
 7    A misdemeanor.
 8        (f)  Any person who violates subsection (f) of Section  5
 9    in any school, on the real property comprising any school, or
10    any  conveyance  owned,  leased  or contracted by a school to
11    transport students to or from  school  or  a  school  related
12    activity,  or on any public way within 1,000 feet of the real
13    property  comprising  any  school,  or  any conveyance owned,
14    leased or contracted by a school to transport students to  or
15    from  school or a school related activity, and any person who
16    violates subsection (f) of Section 5 on any public way within
17    1,000 feet of a school bus stop on a scheduled school day  at
18    any  time  beginning  one hour before the start of school and
19    ending one hour after the end of school, is guilty of a Class
20    X felony, the fine for which shall not exceed $250,000.
21        (g)  Any person who violates subsection (g) of Section  5
22    in any school, on the real property comprising any school, or
23    any  conveyance  owned,  leased  or contracted by a school to
24    transport students to or from  school  or  a  school  related
25    activity,  or on any public way within 1,000 feet of the real
26    property comprising any  school,  or  any  conveyance  owned,
27    leased  or contracted by a school to transport students to or
28    from school or a school related activity, and any person  who
29    violates subsection (g) of Section 5 on any public way within
30    1,000  feet of a school bus stop on a scheduled school day at
31    any time beginning one hour before the start  of  school  and
32    ending one hour after the end of school, is guilty of a Class
33    X felony, the fine for which shall not exceed $300,000.
34    (Source: P.A. 87-544.)
 
                            -4-      LRB093 03748 LRD 03782 b
 1        Section  10.   The  Illinois Controlled Substances Act is
 2    amended by changing Section 407 as follows:

 3        (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
 4        Sec. 407.  (a) (1) Any person 18 years of age or over who
 5    violates any subsection of Section 401 or subsection  (b)  of
 6    Section  404  by  delivering  a  controlled,  counterfeit  or
 7    look-alike substance to a person under 18 years of age may be
 8    sentenced  to imprisonment for a term up to twice the maximum
 9    term and fined an amount up to twice  that  amount  otherwise
10    authorized  by  the  pertinent  subsection of Section 401 and
11    Subsection (b) of Section 404.
12        (2)  Except  as  provided  in  paragraph  (3)   of   this
13    subsection, any person who violates:
14             (A)  subsection  (c) of Section 401 by delivering or
15        possessing  with  intent   to   deliver   a   controlled,
16        counterfeit,  or look-alike substance in or on, or within
17        1,000 feet of, a truck  stop  or  safety  rest  area,  is
18        guilty  of a Class 1 felony, the fine for which shall not
19        exceed $250,000;
20             (B)  subsection (d) of Section 401 by delivering  or
21        possessing   with   intent   to   deliver  a  controlled,
22        counterfeit, or look-alike substance in or on, or  within
23        1,000  feet  of,  a  truck  stop  or safety rest area, is
24        guilty of a Class 2 felony, the fine for which shall  not
25        exceed $200,000;
26             (C)  subsection (e) of Section 401 or subsection (b)
27        of Section 404 by delivering or possessing with intent to
28        deliver   a   controlled,   counterfeit,   or  look-alike
29        substance in or on, or within 1,000 feet of, a truck stop
30        or safety rest area, is guilty of a Class 3  felony,  the
31        fine for which shall not exceed $150,000;
32             (D)  subsection  (f) of Section 401 by delivering or
33        possessing  with  intent   to   deliver   a   controlled,
 
                            -5-      LRB093 03748 LRD 03782 b
 1        counterfeit,  or look-alike substance in or on, or within
 2        1,000 feet of, a truck  stop  or  safety  rest  area,  is
 3        guilty  of a Class 3 felony, the fine for which shall not
 4        exceed $125,000;
 5             (E)  subsection (g) of Section 401 by delivering  or
 6        possessing   with   intent   to   deliver  a  controlled,
 7        counterfeit, or look-alike substance in or on, or  within
 8        1,000  feet  of,  a  truck  stop  or safety rest area, is
 9        guilty of a Class 3 felony, the fine for which shall  not
10        exceed $100,000;
11             (F)  subsection  (h) of Section 401 by delivering or
12        possessing  with  intent   to   deliver   a   controlled,
13        counterfeit,  or look-alike substance in or on, or within
14        1,000 feet of, a truck  stop  or  safety  rest  area,  is
15        guilty  of a Class 3 felony, the fine for which shall not
16        exceed $75,000;
17        (3)  Any  person  who  violates  paragraph  (2)  of  this
18    subsection (a) by delivering or  possessing  with  intent  to
19    deliver a controlled, counterfeit, or look-alike substance in
20    or  on, or within 1,000 feet of a truck stop or a safety rest
21    area,  following  a  prior  conviction  or   convictions   of
22    paragraph  (2)  of  this subsection (a) may be sentenced to a
23    term of imprisonment up to 2 times the maximum term and fined
24    an amount up to 2 times the amount  otherwise  authorized  by
25    Section 401.
26        (4)  For the purposes of this subsection (a):
27             (A)  "Safety  rest  area"  means a roadside facility
28        removed from the  roadway  with  parking  and  facilities
29        designed  for  motorists'  rest, comfort, and information
30        needs; and
31             (B)  "Truck  stop"  means  any  facility  (and   its
32        parking  areas) used to provide fuel or service, or both,
33        to any commercial motor vehicle  as  defined  in  Section
34        18b-101 of the Illinois Vehicle Code.
 
                            -6-      LRB093 03748 LRD 03782 b
 1        (b)  Any person who violates:
 2             (1)  subsection (c) of Section 401 in any school, or
 3        any conveyance owned, leased or contracted by a school to
 4        transport  students to or from school or a school related
 5        activity, or on any public way within  1,000  feet  of  a
 6        school  bus  stop  on  a scheduled school day at any time
 7        beginning one hour before the start of school and  ending
 8        one  hour  after  the  end  of  school, or in residential
 9        property owned, operated or managed by a  public  housing
10        agency  or leased by a public housing agency as part of a
11        scattered site or  mixed-income  development,  or  public
12        park,  on  the  real  property  comprising  any school or
13        residential property owned,  operated  or  managed  by  a
14        public  housing  agency  or  leased  by  a public housing
15        agency as  part  of  a  scattered  site  or  mixed-income
16        development,  or  public park or within 1,000 feet of the
17        real  property  comprising  any  school  or   residential
18        property  owned,  operated or managed by a public housing
19        agency or leased by a public housing agency as part of  a
20        scattered  site  or  mixed-income  development, or public
21        park,  on  the  real  property  comprising  any   church,
22        synagogue,  or  other  building, structure, or place used
23        primarily for religious worship, or within 1,000 feet  of
24        the  real  property  comprising any church, synagogue, or
25        other building, structure, or place  used  primarily  for
26        religious worship, on the real property comprising any of
27        the  following  places,  buildings,  or  structures  used
28        primarily  for  housing or providing space for activities
29        for  senior  citizens:  nursing  homes,   assisted-living
30        centers,  senior  citizen  housing  complexes,  or senior
31        centers oriented toward  daytime  activities,  or  within
32        1,000  feet  of  the  real property comprising any of the
33        following places, buildings, or structures used primarily
34        for housing or providing space for activities for  senior
 
                            -7-      LRB093 03748 LRD 03782 b
 1        citizens:  nursing homes, assisted-living centers, senior
 2        citizen housing complexes,  or  senior  centers  oriented
 3        toward  daytime activities is guilty of a Class X felony,
 4        the fine for which shall not exceed $500,000;
 5             (2)  subsection (d) of Section 401 in any school, or
 6        any conveyance owned, leased or contracted by a school to
 7        transport students to or from school or a school  related
 8        activity,  or  on  any  public way within 1,000 feet of a
 9        school bus stop on a scheduled school  day  at  any  time
10        beginning  one hour before the start of school and ending
11        one hour after the  end  of  school,  or  in  residential
12        property  owned,  operated or managed by a public housing
13        agency or leased by a public housing agency as part of  a
14        scattered  site  or  mixed-income  development, or public
15        park, on the  real  property  comprising  any  school  or
16        residential  property  owned,  operated  or  managed by a
17        public housing agency  or  leased  by  a  public  housing
18        agency  as  part  of  a  scattered  site  or mixed-income
19        development, or public park or within 1,000 feet  of  the
20        real   property  comprising  any  school  or  residential
21        property owned, operated or managed by a  public  housing
22        agency  or leased by a public housing agency as part of a
23        scattered site or  mixed-income  development,  or  public
24        park,   on  the  real  property  comprising  any  church,
25        synagogue, or other building, structure,  or  place  used
26        primarily  for religious worship, or within 1,000 feet of
27        the real property comprising any  church,  synagogue,  or
28        other  building,  structure,  or place used primarily for
29        religious worship, on the real property comprising any of
30        the  following  places,  buildings,  or  structures  used
31        primarily for housing or providing space  for  activities
32        for   senior  citizens:  nursing  homes,  assisted-living
33        centers, senior  citizen  housing  complexes,  or  senior
34        centers  oriented  toward  daytime  activities, or within
 
                            -8-      LRB093 03748 LRD 03782 b
 1        1,000 feet of the real property  comprising  any  of  the
 2        following places, buildings, or structures used primarily
 3        for  housing or providing space for activities for senior
 4        citizens: nursing homes, assisted-living centers,  senior
 5        citizen  housing  complexes,  or  senior centers oriented
 6        toward daytime activities is guilty of a Class 1  felony,
 7        the fine for which shall not exceed $250,000;
 8             (3)  subsection (e) of Section 401 or Subsection (b)
 9        of  Section  404  in any school, or any conveyance owned,
10        leased or contracted by a school to transport students to
11        or from school or a school related activity,  or  on  any
12        public  way  within  1,000 feet of a school bus stop on a
13        scheduled school day  at  any  time  beginning  one  hour
14        before  the start of school and ending one hour after the
15        end of school, or in residential property owned, operated
16        or managed by a public housing  agency  or  leased  by  a
17        public  housing  agency  as  part  of a scattered site or
18        mixed-income development, or public  park,  on  the  real
19        property  comprising  any  school or residential property
20        owned, operated or managed by a public housing agency  or
21        leased  by a public housing agency as part of a scattered
22        site or  mixed-income  development,  or  public  park  or
23        within  1,000  feet  of  the real property comprising any
24        school or residential property owned, operated or managed
25        by a public housing agency or leased by a public  housing
26        agency  as  part  of  a  scattered  site  or mixed-income
27        development,  or  public  park,  on  the  real   property
28        comprising  any  church,  synagogue,  or  other building,
29        structure, or place used primarily for religious worship,
30        or within 1,000 feet of the real property comprising  any
31        church, synagogue, or other building, structure, or place
32        used   primarily  for  religious  worship,  on  the  real
33        property  comprising  any  of   the   following   places,
34        buildings,  or  structures  used primarily for housing or
 
                            -9-      LRB093 03748 LRD 03782 b
 1        providing  space  for  activities  for  senior  citizens:
 2        nursing homes, assisted-living  centers,  senior  citizen
 3        housing  complexes,  or  senior  centers  oriented toward
 4        daytime activities, or within  1,000  feet  of  the  real
 5        property   comprising   any   of  the  following  places,
 6        buildings, or structures used primarily  for  housing  or
 7        providing  space  for  activities  for  senior  citizens:
 8        nursing  homes,  assisted-living  centers, senior citizen
 9        housing complexes,  or  senior  centers  oriented  toward
10        daytime  activities  is  guilty  of a Class 2 felony, the
11        fine for which shall not exceed $200,000;
12             (4)  subsection (f) of Section 401 in any school, or
13        any conveyance owned, leased or contracted by a school to
14        transport students to or from school or a school  related
15        activity,  or  on  any  public way within 1,000 feet of a
16        school bus stop on a scheduled school  day  at  any  time
17        beginning  one hour before the start of school and ending
18        one hour after the  end  of  school,  or  in  residential
19        property  owned, operated or  managed by a public housing
20        agency or leased by a public housing agency as part of  a
21        scattered  site  or  mixed-income  development, or public
22        park, on the  real  property  comprising  any  school  or
23        residential  property  owned,  operated  or  managed by a
24        public housing agency  or  leased  by  a  public  housing
25        agency  as  part  of  a  scattered  site  or mixed-income
26        development, or public park or within 1,000 feet  of  the
27        real   property  comprising  any  school  or  residential
28        property owned, operated or managed by a  public  housing
29        agency  or leased by a public housing agency as part of a
30        scattered site or  mixed-income  development,  or  public
31        park,   on  the  real  property  comprising  any  church,
32        synagogue, or other building, structure,  or  place  used
33        primarily for religious worship,  or within 1,000 feet of
34        the  real  property  comprising any church, synagogue, or
 
                            -10-     LRB093 03748 LRD 03782 b
 1        other building, structure, or place  used  primarily  for
 2        religious worship, on the real property comprising any of
 3        the  following  places,  buildings,  or  structures  used
 4        primarily  for  housing or providing space for activities
 5        for  senior  citizens:  nursing  homes,   assisted-living
 6        centers,  senior  citizen  housing  complexes,  or senior
 7        centers oriented toward  daytime  activities,  or  within
 8        1,000  feet  of  the  real property comprising any of the
 9        following places, buildings, or structures used primarily
10        for housing or providing space for activities for  senior
11        citizens:  nursing homes, assisted-living centers, senior
12        citizen housing complexes,  or  senior  centers  oriented
13        toward  daytime activities is guilty of a Class 2 felony,
14        the fine for which shall not exceed $150,000;
15             (5)  subsection (g) of Section 401 in any school, or
16        any conveyance owned, leased or contracted by a school to
17        transport students to or from school or a school  related
18        activity,  or  on  any  public way within 1,000 feet of a
19        school bus stop on a scheduled school  day  at  any  time
20        beginning  one hour before the start of school and ending
21        one hour after the  end  of  school,  or  in  residential
22        property  owned,  operated or managed by a public housing
23        agency or leased by a public housing agency as part of  a
24        scattered  site  or  mixed-income  development, or public
25        park, on the  real  property  comprising  any  school  or
26        residential  property  owned,  operated  or  managed by a
27        public housing agency  or  leased  by  a  public  housing
28        agency  as  part  of  a  scattered  site  or mixed-income
29        development, or public park or within 1,000 feet  of  the
30        real   property  comprising  any  school  or  residential
31        property owned, operated or managed by a  public  housing
32        agency  or leased by a public housing agency as part of a
33        scattered site or  mixed-income  development,  or  public
34        park,   on  the  real  property  comprising  any  church,
 
                            -11-     LRB093 03748 LRD 03782 b
 1        synagogue, or other building, structure,  or  place  used
 2        primarily  for religious worship, or within 1,000 feet of
 3        the real property comprising any  church,  synagogue,  or
 4        other  building,  structure,  or place used primarily for
 5        religious worship, on the real property comprising any of
 6        the  following  places,  buildings,  or  structures  used
 7        primarily for housing or providing space  for  activities
 8        for   senior  citizens:  nursing  homes,  assisted-living
 9        centers, senior  citizen  housing  complexes,  or  senior
10        centers  oriented  toward  daytime  activities, or within
11        1,000 feet of the real property  comprising  any  of  the
12        following places, buildings, or structures used primarily
13        for  housing or providing space for activities for senior
14        citizens: nursing homes, assisted-living centers,  senior
15        citizen  housing  complexes,  or  senior centers oriented
16        toward daytime activities is guilty of a Class 2  felony,
17        the fine for which shall not exceed $125,000;
18             (6)  subsection (h) of Section 401 in any school, or
19        any conveyance owned, leased or contracted by a school to
20        transport  students to or from school or a school related
21        activity, or on any public way within  1,000  feet  of  a
22        school  bus  stop  on  a scheduled school day at any time
23        beginning one hour before the start of school and  ending
24        one  hour  after  the  end  of  school, or in residential
25        property owned, operated or managed by a  public  housing
26        agency  or leased by a public housing agency as part of a
27        scattered site or  mixed-income  development,  or  public
28        park,  on  the  real  property  comprising  any school or
29        residential property owned,  operated  or  managed  by  a
30        public  housing  agency  or  leased  by  a public housing
31        agency as  part  of  a  scattered  site  or  mixed-income
32        development,  or  public park or within 1,000 feet of the
33        real  property  comprising  any  school  or   residential
34        property  owned,  operated or managed by a public housing
 
                            -12-     LRB093 03748 LRD 03782 b
 1        agency or leased by a public housing agency as part of  a
 2        scattered  site  or  mixed-income  development, or public
 3        park,  on  the  real  property  comprising  any   church,
 4        synagogue,  or  other  building, structure, or place used
 5        primarily for religious worship, or within 1,000 feet  of
 6        the  real  property  comprising any church, synagogue, or
 7        other building, structure, or place  used  primarily  for
 8        religious worship, on the real property comprising any of
 9        the  following  places,  buildings,  or  structures  used
10        primarily  for  housing or providing space for activities
11        for  senior  citizens:  nursing  homes,   assisted-living
12        centers,  senior  citizen  housing  complexes,  or senior
13        centers oriented toward  daytime  activities,  or  within
14        1,000  feet  of  the  real property comprising any of the
15        following places, buildings, or structures used primarily
16        for housing or providing space for activities for  senior
17        citizens:  nursing homes, assisted-living centers, senior
18        citizen housing complexes,  or  senior  centers  oriented
19        toward  daytime activities is guilty of a Class 2 felony,
20        the  fine  for which  shall not exceed $100,000.
21        (c)  Regarding penalties prescribed in subsection (b) for
22    violations committed in a school or on or within  1,000  feet
23    of school property, the time of day, time of year and whether
24    classes  were currently in session at the time of the offense
25    is irrelevant.
26    (Source: P.A. 91-353, eff.  1-1-00;  91-673,  eff.  12-22-99;
27    92-16, eff. 6-28-01.)

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