SB0156 96TH GENERAL ASSEMBLY

LRB096 06044 RLC 16126 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0156

Introduced 1/30/2009, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-9-1.1-5

Amends the Unified Code of Corrections relating to methamphetamine related fines. Changes a cross reference from the Illinois Controlled Substances Act to the Methamphetamine Control and Community Protection Act and changes cross references from "methamphetamine manufacturing chemical" to "methamphetamine manufacturing material". Effective immediately.

FISCAL 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 Unified Code of Corrections is amended by changing Section 5-9-1.1-5 as follows:

(730 ILCS 5/5-9-1.1-5)

Sec. 5-9-1.1-5. Methamphetamine related offenses.

(a) When a person has been adjudged guilty of a methamphetamine related offense involving possession or delivery of methamphetamine or any salt of an optical isomer of methamphetamine or possession of a methamphetamine manufacturing material as chemical set forth in Section 10 of the Methamphetamine Control and Community Protection Act paragraph (z-1) of Section 102 of the Illinois Controlled Substances Act with the intent to manufacture a substance containing methamphetamine or salt of an optical isomer of methamphetamine, in addition to any other penalty imposed, a fine shall be levied by the court at not less than the full street value of the methamphetamine or salt of an optical isomer of methamphetamine or methamphetamine manufacturing materials chemicals seized.

"Street value" shall be determined by the court on the basis of testimony of law enforcement personnel and the defendant as to the amount seized and such testimony as may be required by the court as to the current street value of the methamphetamine or salt of an optical isomer of methamphetamine or methamphetamine manufacturing materials chemicals seized.

(b) In addition to any penalty imposed under subsection (a) of this Section, a fine of $100 shall be levied by the court, the proceeds of which shall be collected by the Circuit Clerk and remitted to the State Treasurer under Section 27.6 of the Clerks of Courts Act for deposit into the Methamphetamine Law Enforcement Fund and allocated as provided in subsection (d) of Section 5-9-1.2.

(Source: P.A. 94-550, eff. 1-1-06.)

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