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Full Text of HB0100  97th General Assembly

HB0100 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0100

 

Introduced 1/12/2011, by Rep. LaShawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/3  from Ch. 56 1/2, par. 703
720 ILCS 550/4  from Ch. 56 1/2, par. 704
720 ILCS 550/10.2  from Ch. 56 1/2, par. 710.2

    Amends the Cannabis Control Act. Provides that a person who knowingly possesses not more than 28.35 grams of any substance containing cannabis is guilty of a petty offense and shall be fined $500 for a first offense, $750 for a second offense, and $1,000 for a third or subsequent offense. Provides that the delivery of not more than 28.35 (rather than 10) grams of any substance containing cannabis without consideration is a casual delivery treated as a possession offense for purposes of penalties. Provides that 50% of the fines collected under the Act shall be allocated to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure.


LRB097 00254 RLC 45618 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0100LRB097 00254 RLC 45618 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Sections 3, 4, and 10.2 as follows:
 
6    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
7    Sec. 3. As used in this Act, unless the context otherwise
8requires:
9    (a) "Cannabis" includes marihuana, hashish and other
10substances which are identified as including any parts of the
11plant Cannabis Sativa, whether growing or not; the seeds
12thereof, the resin extracted from any part of such plant; and
13any compound, manufacture, salt, derivative, mixture, or
14preparation of such plant, its seeds, or resin, including
15tetrahydrocannabinol (THC) and all other cannabinol
16derivatives, including its naturally occurring or
17synthetically produced ingredients, whether produced directly
18or indirectly by extraction, or independently by means of
19chemical synthesis or by a combination of extraction and
20chemical synthesis; but shall not include the mature stalks of
21such plant, fiber produced from such stalks, oil or cake made
22from the seeds of such plant, any other compound, manufacture,
23salt, derivative, mixture, or preparation of such mature stalks

 

 

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1(except the resin extracted therefrom), fiber, oil or cake, or
2the sterilized seed of such plant which is incapable of
3germination.
4    (b) "Casual delivery" means the delivery of not more than
528.35 10 grams of any substance containing cannabis without
6consideration.
7    (c) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10    (d) "Deliver" or "delivery" means the actual, constructive
11or attempted transfer of possession of cannabis, with or
12without consideration, whether or not there is an agency
13relationship.
14    (e) "Department of State Police" means the Department of
15State Police of the State of Illinois or its successor agency.
16    (f) "Director" means the Director of the Department of
17State Police or his designated agent.
18    (g) "Local authorities" means a duly organized State,
19county, or municipal peace unit or police force.
20    (h) "Manufacture" means the production, preparation,
21propagation, compounding, conversion or processing of
22cannabis, either directly or indirectly, by extraction from
23substances of natural origin, or independently by means of
24chemical synthesis, or by a combination of extraction and
25chemical synthesis, and includes any packaging or repackaging
26of cannabis or labeling of its container, except that this term

 

 

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1does not include the preparation, compounding, packaging, or
2labeling of cannabis as an incident to lawful research,
3teaching, or chemical analysis and not for sale.
4    (i) "Person" means any individual, corporation, government
5or governmental subdivision or agency, business trust, estate,
6trust, partnership or association, or any other entity.
7    (j) "Produce" or "production" means planting, cultivating,
8tending or harvesting.
9    (k) "State" includes the State of Illinois and any state,
10district, commonwealth, territory, insular possession thereof,
11and any area subject to the legal authority of the United
12States of America.
13    (l) "Subsequent offense" means an offense under this Act,
14the offender of which, prior to his conviction of the offense,
15has at any time been convicted under this Act or under any laws
16of the United States or of any state relating to cannabis, or
17any controlled substance as defined in the Illinois Controlled
18Substances Act.
19(Source: P.A. 89-507, eff. 7-1-97.)
 
20    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
21    Sec. 4. It is unlawful for any person knowingly to possess
22cannabis. Any person who violates this section with respect to:
23        (a) not more than 28.35 2.5 grams of any substance
24    containing cannabis is guilty of a petty offense and shall
25    be fined $500 for a first offense, $750 for a second

 

 

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1    offense, and $1,000 for a third or subsequent offense Class
2    C misdemeanor;
3        (b) (blank); more than 2.5 grams but not more than 10
4    grams of any substance containing cannabis is guilty of a
5    Class B misdemeanor;
6        (c) more than 28.35 10 grams but not more than 30 grams
7    of any substance containing cannabis is guilty of a Class A
8    misdemeanor; provided, that if any offense under this
9    subsection (c) is a subsequent offense, the offender shall
10    be guilty of a Class 4 felony;
11        (d) more than 30 grams but not more than 500 grams of
12    any substance containing cannabis is guilty of a Class 4
13    felony; provided that if any offense under this subsection
14    (d) is a subsequent offense, the offender shall be guilty
15    of a Class 3 felony;
16        (e) more than 500 grams but not more than 2,000 grams
17    of any substance containing cannabis is guilty of a Class 3
18    felony;
19        (f) more than 2,000 grams but not more than 5,000 grams
20    of any substance containing cannabis is guilty of a Class 2
21    felony;
22        (g) more than 5,000 grams of any substance containing
23    cannabis is guilty of a Class 1 felony.
24(Source: P.A. 90-397, eff. 8-15-97.)
 
25    (720 ILCS 550/10.2)  (from Ch. 56 1/2, par. 710.2)

 

 

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1    Sec. 10.2. (a) If the seizure was made by State law
2enforcement personnel, 12 1/2% Twelve and one-half percent of
3all amounts collected as fines pursuant to the provisions of
4this Act shall be paid into the Youth Drug Abuse Prevention
5Fund, which is hereby created in the State treasury, to be used
6by the Department of Human Services for the funding of programs
7and services for drug-abuse treatment, and prevention and
8education services, for juveniles.
9    (b) Eighty-seven and one-half percent of the proceeds of
10all fines received under the provisions of this Act shall be
11transmitted to and deposited in the treasurer's office at the
12level of government as follows:
13        (1) (Blank). If such seizure was made by a combination
14    of law enforcement personnel representing differing units
15    of local government, the court levying the fine shall
16    equitably allocate 50% of the fine among these units of
17    local government and shall allocate 37 1/2% to the county
18    general corporate fund. In the event that the seizure was
19    made by law enforcement personnel representing a unit of
20    local government from a municipality where the number of
21    inhabitants exceeds 2 million in population, the court
22    levying the fine shall allocate 87 1/2% of the fine to that
23    unit of local government. If the seizure was made by a
24    combination of law enforcement personnel representing
25    differing units of local government, and at least one of
26    those units represents a municipality where the number of

 

 

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1    inhabitants exceeds 2 million in population, the court
2    shall equitably allocate 87 1/2% of the proceeds of the
3    fines received among the differing units of local
4    government.
5        (2) If such seizure was made by State law enforcement
6    personnel, then the court shall allocate 37 1/2% to the
7    State treasury and 50% to the county general corporate
8    fund.
9        (3) (Blank). If a State law enforcement agency in
10    combination with a law enforcement agency or agencies of a
11    unit or units of local government conducted the seizure,
12    the court shall equitably allocate 37 1/2% of the fines to
13    or among the law enforcement agency or agencies of the unit
14    or units of local government which conducted the seizure
15    and shall allocate 50% to the county general corporate
16    fund.
17    (b-5) If such seizure was made by a combination of law
18enforcement personnel representing differing units of local
19government, the court levying the fine shall equitably allocate
2050% of the fine among these units of local government and shall
21allocate 37 1/2% to the county general corporate fund. Twelve
22and one-half percent shall be paid into the Youth Drug Abuse
23Prevention Fund. In the event that the seizure was made by law
24enforcement personnel representing a unit of local government
25from a municipality where the number of inhabitants exceeds
262,000,000 in population, the court levying the fine shall

 

 

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1allocate 87 1/2% of the fine to that unit of local government.
2Twelve and one-half percent shall be paid into the Youth Drug
3Abuse Prevention Fund. If the seizure was made by a combination
4of law enforcement personnel representing differing units of
5local government, and at least one of those units represents a
6municipality where the number of inhabitants exceeds 2,000,000
7in population, the court shall equitably allocate 87 1/2% of
8the proceeds of the fines received among the differing units of
9local government. Twelve and one-half percent shall be paid
10into the Youth Drug Abuse Prevention Fund. If a State law
11enforcement agency in combination with a law enforcement agency
12or agencies of a unit or units of local government conducted
13the seizure, the court shall equitably allocate 50% of the
14fines to or among the law enforcement agency or agencies of the
15unit or units of local government which conducted the seizure
16and shall allocate 50% to the county general corporate fund.
17    (c) The proceeds of all fines allocated to the law
18enforcement agency or agencies of the unit or units of local
19government pursuant to subsections subsection (b) and (b-5)
20shall be made available to that law enforcement agency as
21expendable receipts for use in the enforcement of laws
22regulating controlled substances and cannabis. The proceeds of
23fines awarded to the State treasury shall be deposited in a
24special fund known as the Drug Traffic Prevention Fund, except
25that amounts distributed to the Secretary of State shall be
26deposited into the Secretary of State Evidence Fund to be used

 

 

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1as provided in Section 2-115 of the Illinois Vehicle Code.
2Monies from this fund may be used by the Department of State
3Police for use in the enforcement of laws regulating controlled
4substances and cannabis; to satisfy funding provisions of the
5Intergovernmental Drug Laws Enforcement Act; to defray costs
6and expenses associated with returning violators of this Act,
7the Illinois Controlled Substances Act, and the
8Methamphetamine Control and Community Protection Act only, as
9provided in such Acts, when punishment of the crime shall be
10confinement of the criminal in the penitentiary; and all other
11monies shall be paid into the general revenue fund in the State
12treasury.
13(Source: P.A. 94-556, eff. 9-11-05.)