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90_SB1425eng
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-3.1
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Reenacts the
Truth-In-Sentencing provisions from P.A. 89-404 as amended by
subsequent Public Acts that were declared unconstitutional by
the DuPage County Circuit Court. Extends the reporting
deadline by the Truth-In-Sentencing Commission to report
recommended legislation to the Governor and General Assembly
from March 1, 1997 to September 30, 1998. Effective
immediately.
LRB9009448RCcd
SB1425 Engrossed LRB9009448RCcd
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 3-6021 as follows:
6 (55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
7 Sec. 3-6021. Conservator of the peace. Each sheriff
8 shall be conservator of the peace in his or her county, and
9 shall prevent crime and maintain the safety and order of the
10 citizens of that county; and may arrest offenders on view,
11 and cause them to be brought before the proper court for
12 trial or examination. Conservator of the peace. Each sheriff
13 shall be conservator of the peace in his or her county, and
14 shall prevent crime and maintain the safety and order of the
15 citizens of that county; and may arrest offenders on view,
16 and cause them to be brought before the proper court for
17 trial or examination.
18 (Source: P.A. 89-404, eff. 8-20-95.)
19 Section 10. The Illinois Municipal Code is amended by
20 changing Section 7-4-8 as follows:
21 (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
22 Sec. 7-4-8. The police of any municipality in such a
23 police district have full authority and power as peace
24 officers and may go into any part of the district to exercise
25 that authority and power. For these purposes the mayor of any
26 municipality in the district, and the chiefs of police
27 therein, shall use the police forces under their control
28 anywhere in the district. The police of any municipality
29 in such a police district have full authority and power as
SB1425 Engrossed -2- LRB9009448RCcd
1 peace officers and may go into any part of the district to
2 exercise that authority and power. For these purposes the
3 mayor of any municipality in the district, and the chiefs of
4 police therein, shall use the police forces under their
5 control anywhere in the district.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 Section 15. The Criminal Code of 1961 is amended by
8 changing Sections 3-2 and 6-2 as follows:
9 (720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
10 Sec. 3-2. Affirmative defense.
11 (a) "Affirmative defense" means that unless the State's
12 evidence raises the issue involving the alleged defense, the
13 defendant, to raise the issue, must present some evidence
14 thereon.
15 (b) If the issue involved in an affirmative defense,
16 other than insanity, is raised then the State must sustain
17 the burden of proving the defendant guilty beyond a
18 reasonable doubt as to that issue together with all the other
19 elements of the offense. If the affirmative defense of
20 insanity is raised, the defendant bears the burden of proving
21 by clear and convincing evidence his insanity at the time of
22 the offense. Affirmative defense.
23 (a) "Affirmative defense" means that unless the State's
24 evidence raises the issue involving the alleged defense, the
25 defendant, to raise the issue, must present some evidence
26 thereon.
27 (b) If the issue involved in an affirmative defense,
28 other than insanity, is raised then the State must sustain
29 the burden of proving the defendant guilty beyond a
30 reasonable doubt as to that issue together with all the other
31 elements of the offense. If the affirmative defense of
32 insanity is raised, the defendant bears the burden of proving
SB1425 Engrossed -3- LRB9009448RCcd
1 by clear and convincing evidence his insanity at the time of
2 the offense.
3 (Source: P.A. 89-404, eff. 8-20-95.)
4 (720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
5 Sec. 6-2. Insanity.
6 (a) A person is not criminally responsible for conduct
7 if at the time of such conduct, as a result of mental disease
8 or mental defect, he lacks substantial capacity to appreciate
9 the criminality of his conduct.
10 (b) The terms "mental disease or mental defect" do not
11 include an abnormality manifested only by repeated criminal
12 or otherwise antisocial conduct.
13 (c) A person who, at the time of the commission of a
14 criminal offense, was not insane but was suffering from a
15 mental illness, is not relieved of criminal responsibility
16 for his conduct and may be found guilty but mentally ill.
17 (d) For purposes of this Section, "mental illness" or
18 "mentally ill" means a substantial disorder of thought, mood,
19 or behavior which afflicted a person at the time of the
20 commission of the offense and which impaired that person's
21 judgment, but not to the extent that he is unable to
22 appreciate the wrongfulness of his behavior.
23 (e) When the defense of insanity has been presented
24 during the trial, the burden of proof is on the defendant to
25 prove by clear and convincing evidence that the defendant is
26 not guilty by reason of insanity. However, the burden of
27 proof remains on the State to prove beyond a reasonable doubt
28 each of the elements of each of the offenses charged, and, in
29 a jury trial where the insanity defense has been presented,
30 the jury must be instructed that it may not consider whether
31 the defendant has met his burden of proving that he is not
32 guilty by reason of insanity until and unless it has first
33 determined that the State has proven the defendant guilty
SB1425 Engrossed -4- LRB9009448RCcd
1 beyond a reasonable doubt of the offense with which he is
2 charged.
3 Insanity.
4 (a) A person is not criminally responsible for conduct
5 if at the time of such conduct, as a result of mental disease
6 or mental defect, he lacks substantial capacity to appreciate
7 the criminality of his conduct.
8 (b) The terms "mental disease or mental defect" do not
9 include an abnormality manifested only by repeated criminal
10 or otherwise antisocial conduct.
11 (c) A person who, at the time of the commission of a
12 criminal offense, was not insane but was suffering from a
13 mental illness, is not relieved of criminal responsibility
14 for his conduct and may be found guilty but mentally ill.
15 (d) For purposes of this Section, "mental illness" or
16 "mentally ill" means a substantial disorder of thought, mood,
17 or behavior which afflicted a person at the time of the
18 commission of the offense and which impaired that person's
19 judgment, but not to the extent that he is unable to
20 appreciate the wrongfulness of his behavior.
21 (e) When the defense of insanity has been presented
22 during the trial, the burden of proof is on the defendant to
23 prove by clear and convincing evidence that the defendant is
24 not guilty by reason of insanity. However, the burden of
25 proof remains on the State to prove beyond a reasonable doubt
26 each of the elements of each of the offenses charged, and, in
27 a jury trial where the insanity defense has been presented,
28 the jury must be instructed that it may not consider whether
29 the defendant has met his burden of proving that he is not
30 guilty by reason of insanity until and unless it has first
31 determined that the State has proven the defendant guilty
32 beyond a reasonable doubt of the offense with which he is
33 charged.
34 (Source: P.A. 89-404, eff. 8-20-95.)
SB1425 Engrossed -5- LRB9009448RCcd
1 Section 20. The Cannabis Control Act is amended by
2 changing Section 12 as follows:
3 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
4 Sec. 12. (a) The following are subject to forfeiture:
5 (1) all substances containing cannabis which have
6 been produced, manufactured, delivered, or possessed in
7 violation of this Act;
8 (2) all raw materials, products and equipment of
9 any kind which are produced, delivered, or possessed in
10 connection with any substance containing cannabis in
11 violation of this Act;
12 (3) all conveyances, including aircraft, vehicles
13 or vessels, which are used, or intended for use, to
14 transport, or in any manner to facilitate the
15 transportation, sale, receipt, possession, or concealment
16 of property described in paragraph (1) or (2) that
17 constitutes a felony violation of the Act, but:
18 (i) no conveyance used by any person as a
19 common carrier in the transaction of business as a
20 common carrier is subject to forfeiture under this
21 Section unless it appears that the owner or other
22 person in charge of the conveyance is a consenting
23 party or privy to a violation of this Act;
24 (ii) no conveyance is subject to forfeiture
25 under this Section by reason of any act or omission
26 which the owner proves to have been committed or
27 omitted without his knowledge or consent;
28 (iii) a forfeiture of a conveyance encumbered
29 by a bona fide security interest is subject to the
30 interest of the secured party if he neither had
31 knowledge of nor consented to the act or omission;
32 (4) all money, things of value, books, records, and
33 research products and materials including formulas,
SB1425 Engrossed -6- LRB9009448RCcd
1 microfilm, tapes, and data which are used, or intended
2 for use in a felony violation of this Act;
3 (5) everything of value furnished or intended to be
4 furnished by any person in exchange for a substance in
5 violation of this Act, all proceeds traceable to such an
6 exchange, and all moneys, negotiable instruments, and
7 securities used, or intended to be used, to commit or in
8 any manner to facilitate any felony violation of this
9 Act.
10 (b) Property subject to forfeiture under this Act may be
11 seized by the Director or any peace officer upon process or
12 seizure warrant issued by any court having jurisdiction over
13 the property. Seizure by the Director or any peace officer
14 without process may be made:
15 (1) if the property subject to seizure has been the
16 subject of a prior judgment in favor of the State in a
17 criminal proceeding or in an injunction or forfeiture
18 proceeding based upon this Act or the Drug Asset
19 Forfeiture Procedure Act;
20 (2) if there is probable cause to believe that the
21 property is directly or indirectly dangerous to health or
22 safety;
23 (3) if there is probable cause to believe that the
24 property is subject to forfeiture under this Act and the
25 property is seized under circumstances in which a
26 warrantless seizure or arrest would be reasonable; or
27 (4) in accordance with the Code of Criminal
28 Procedure of 1963.
29 (c) In the event of seizure pursuant to subsection (b),
30 forfeiture proceedings shall be instituted in accordance with
31 the Drug Asset Forfeiture Procedure Act.
32 (d) Property taken or detained under this Section shall
33 not be subject to replevin, but is deemed to be in the
34 custody of the Director subject only to the order and
SB1425 Engrossed -7- LRB9009448RCcd
1 judgments of the circuit court having jurisdiction over the
2 forfeiture proceedings and the decisions of the State's
3 Attorney under the Drug Asset Forfeiture Procedure Act. When
4 property is seized under this Act, the seizing agency shall
5 promptly conduct an inventory of the seized property,
6 estimate the property's value, and shall forward a copy of
7 the inventory of seized property and the estimate of the
8 property's value to the Director. Upon receiving notice of
9 seizure, the Director may:
10 (1) place the property under seal;
11 (2) remove the property to a place designated by
12 him;
13 (3) keep the property in the possession of the
14 seizing agency;
15 (4) remove the property to a storage area for
16 safekeeping or, if the property is a negotiable
17 instrument or money and is not needed for evidentiary
18 purposes, deposit it in an interest bearing account;
19 (5) place the property under constructive seizure
20 by posting notice of pending forfeiture on it, by giving
21 notice of pending forfeiture to its owners and interest
22 holders, or by filing notice of pending forfeiture in any
23 appropriate public record relating to the property; or
24 (6) provide for another agency or custodian,
25 including an owner, secured party, or lienholder, to take
26 custody of the property upon the terms and conditions set
27 by the Director.
28 (e) No disposition may be made of property under seal
29 until the time for taking an appeal has elapsed or until all
30 appeals have been concluded unless a court, upon application
31 therefor, orders the sale of perishable substances and the
32 deposit of the proceeds of the sale with the court.
33 (f) When property is forfeited under this Act the
34 Director shall sell all such property unless such property is
SB1425 Engrossed -8- LRB9009448RCcd
1 required by law to be destroyed or is harmful to the public,
2 and shall distribute the proceeds of the sale, together with
3 any moneys forfeited or seized, in accordance with subsection
4 (g). However, upon the application of the seizing agency or
5 prosecutor who was responsible for the investigation, arrest
6 or arrests and prosecution which lead to the forfeiture, the
7 Director may return any item of forfeited property to the
8 seizing agency or prosecutor for official use in the
9 enforcement of laws relating to cannabis or controlled
10 substances, if the agency or prosecutor can demonstrate that
11 the item requested would be useful to the agency or
12 prosecutor in their enforcement efforts. When any real
13 property returned to the seizing agency is sold by the agency
14 or its unit of government, the proceeds of the sale shall be
15 delivered to the Director and distributed in accordance with
16 subsection (g).
17 (g) All monies and the sale proceeds of all other
18 property forfeited and seized under this Act shall be
19 distributed as follows:
20 (1) 65% shall be distributed to the metropolitan
21 enforcement group, local, municipal, county, or state law
22 enforcement agency or agencies which conducted or
23 participated in the investigation resulting in the
24 forfeiture. The distribution shall bear a reasonable
25 relationship to the degree of direct participation of the
26 law enforcement agency in the effort resulting in the
27 forfeiture, taking into account the total value of the
28 property forfeited and the total law enforcement effort
29 with respect to the violation of the law upon which the
30 forfeiture is based. Amounts distributed to the agency
31 or agencies shall be used for the enforcement of laws
32 governing cannabis and controlled substances, except that
33 amounts distributed to the Secretary of State shall be
34 deposited into the Secretary of State Evidence Fund to be
SB1425 Engrossed -9- LRB9009448RCcd
1 used as provided in Section 2-115 of the Illinois Vehicle
2 Code.
3 (2)(i) 12.5% shall be distributed to the Office of
4 the State's Attorney of the county in which the
5 prosecution resulting in the forfeiture was
6 instituted, deposited in a special fund in the
7 county treasury and appropriated to the State's
8 Attorney for use in the enforcement of laws
9 governing cannabis and controlled substances. In
10 counties over 3,000,000 population, 25% will be
11 distributed to the Office of the State's Attorney
12 for use in the enforcement of laws governing
13 cannabis and controlled substances. If the
14 prosecution is undertaken solely by the Attorney
15 General, the portion provided hereunder shall be
16 distributed to the Attorney General for use in the
17 enforcement of laws governing cannabis and
18 controlled substances.
19 (ii) 12.5% shall be distributed to the Office
20 of the State's Attorneys Appellate Prosecutor and
21 deposited in the Narcotics Profit Forfeiture Fund of
22 that Office to be used for additional expenses
23 incurred in the investigation, prosecution and
24 appeal of cases arising under laws governing
25 cannabis and controlled substances. The Office of
26 the State's Attorneys Appellate Prosecutor shall not
27 receive distribution from cases brought in counties
28 with over 3,000,000 population.
29 (3) 10% shall be retained by the Department of
30 State Police for expenses related to the administration
31 and sale of seized and forfeited property.
32 (a) The following are subject to forfeiture:
33 (1) all substances containing cannabis which have
34 been produced, manufactured, delivered, or possessed in
SB1425 Engrossed -10- LRB9009448RCcd
1 violation of this Act;
2 (2) all raw materials, products and equipment of
3 any kind which are produced, delivered, or possessed in
4 connection with any substance containing cannabis in
5 violation of this Act;
6 (3) all conveyances, including aircraft, vehicles
7 or vessels, which are used, or intended for use, to
8 transport, or in any manner to facilitate the
9 transportation, sale, receipt, possession, or concealment
10 of property described in paragraph (1) or (2) that
11 constitutes a felony violation of the Act, but:
12 (i) no conveyance used by any person as a
13 common carrier in the transaction of business as a
14 common carrier is subject to forfeiture under this
15 Section unless it appears that the owner or other
16 person in charge of the conveyance is a consenting
17 party or privy to a violation of this Act;
18 (ii) no conveyance is subject to forfeiture
19 under this Section by reason of any act or omission
20 which the owner proves to have been committed or
21 omitted without his knowledge or consent;
22 (iii) a forfeiture of a conveyance encumbered
23 by a bona fide security interest is subject to the
24 interest of the secured party if he neither had
25 knowledge of nor consented to the act or omission;
26 (4) all money, things of value, books, records, and
27 research products and materials including formulas,
28 microfilm, tapes, and data which are used, or intended
29 for use in a felony violation of this Act;
30 (5) everything of value furnished or intended to be
31 furnished by any person in exchange for a substance in
32 violation of this Act, all proceeds traceable to such an
33 exchange, and all moneys, negotiable instruments, and
34 securities used, or intended to be used, to commit or in
SB1425 Engrossed -11- LRB9009448RCcd
1 any manner to facilitate any felony violation of this
2 Act.
3 (b) Property subject to forfeiture under this Act may be
4 seized by the Director or any peace officer upon process or
5 seizure warrant issued by any court having jurisdiction over
6 the property. Seizure by the Director or any peace officer
7 without process may be made:
8 (1) if the property subject to seizure has been the
9 subject of a prior judgment in favor of the State in a
10 criminal proceeding or in an injunction or forfeiture
11 proceeding based upon this Act or the Drug Asset
12 Forfeiture Procedure Act;
13 (2) if there is probable cause to believe that the
14 property is directly or indirectly dangerous to health or
15 safety;
16 (3) if there is probable cause to believe that the
17 property is subject to forfeiture under this Act and the
18 property is seized under circumstances in which a
19 warrantless seizure or arrest would be reasonable; or
20 (4) in accordance with the Code of Criminal
21 Procedure of 1963.
22 (c) In the event of seizure pursuant to subsection (b),
23 forfeiture proceedings shall be instituted in accordance with
24 the Drug Asset Forfeiture Procedure Act.
25 (d) Property taken or detained under this Section shall
26 not be subject to replevin, but is deemed to be in the
27 custody of the Director subject only to the order and
28 judgments of the circuit court having jurisdiction over the
29 forfeiture proceedings and the decisions of the State's
30 Attorney under the Drug Asset Forfeiture Procedure Act. When
31 property is seized under this Act, the seizing agency shall
32 promptly conduct an inventory of the seized property,
33 estimate the property's value, and shall forward a copy of
34 the inventory of seized property and the estimate of the
SB1425 Engrossed -12- LRB9009448RCcd
1 property's value to the Director. Upon receiving notice of
2 seizure, the Director may:
3 (1) place the property under seal;
4 (2) remove the property to a place designated by
5 him;
6 (3) keep the property in the possession of the
7 seizing agency;
8 (4) remove the property to a storage area for
9 safekeeping or, if the property is a negotiable
10 instrument or money and is not needed for evidentiary
11 purposes, deposit it in an interest bearing account;
12 (5) place the property under constructive seizure
13 by posting notice of pending forfeiture on it, by giving
14 notice of pending forfeiture to its owners and interest
15 holders, or by filing notice of pending forfeiture in any
16 appropriate public record relating to the property; or
17 (6) provide for another agency or custodian,
18 including an owner, secured party, or lienholder, to take
19 custody of the property upon the terms and conditions set
20 by the Director.
21 (e) No disposition may be made of property under seal
22 until the time for taking an appeal has elapsed or until all
23 appeals have been concluded unless a court, upon application
24 therefor, orders the sale of perishable substances and the
25 deposit of the proceeds of the sale with the court.
26 (f) When property is forfeited under this Act the
27 Director shall sell all such property unless such property is
28 required by law to be destroyed or is harmful to the public,
29 and shall distribute the proceeds of the sale, together with
30 any moneys forfeited or seized, in accordance with subsection
31 (g). However, upon the application of the seizing agency or
32 prosecutor who was responsible for the investigation, arrest
33 or arrests and prosecution which lead to the forfeiture, the
34 Director may return any item of forfeited property to the
SB1425 Engrossed -13- LRB9009448RCcd
1 seizing agency or prosecutor for official use in the
2 enforcement of laws relating to cannabis or controlled
3 substances, if the agency or prosecutor can demonstrate that
4 the item requested would be useful to the agency or
5 prosecutor in their enforcement efforts. When any real
6 property returned to the seizing agency is sold by the agency
7 or its unit of government, the proceeds of the sale shall be
8 delivered to the Director and distributed in accordance with
9 subsection (g).
10 (g) All monies and the sale proceeds of all other
11 property forfeited and seized under this Act shall be
12 distributed as follows:
13 (1) 65% shall be distributed to the metropolitan
14 enforcement group, local, municipal, county, or state law
15 enforcement agency or agencies which conducted or
16 participated in the investigation resulting in the
17 forfeiture. The distribution shall bear a reasonable
18 relationship to the degree of direct participation of the
19 law enforcement agency in the effort resulting in the
20 forfeiture, taking into account the total value of the
21 property forfeited and the total law enforcement effort
22 with respect to the violation of the law upon which the
23 forfeiture is based. Amounts distributed to the agency
24 or agencies shall be used for the enforcement of laws
25 governing cannabis and controlled substances, except that
26 amounts distributed to the Secretary of State shall be
27 deposited into the Secretary of State Evidence Fund to be
28 used as provided in Section 2-115 of the Illinois Vehicle
29 Code.
30 (2)(i) 12.5% shall be distributed to the Office of
31 the State's Attorney of the county in which the
32 prosecution resulting in the forfeiture was
33 instituted, deposited in a special fund in the
34 county treasury and appropriated to the State's
SB1425 Engrossed -14- LRB9009448RCcd
1 Attorney for use in the enforcement of laws
2 governing cannabis and controlled substances. In
3 counties over 3,000,000 population, 25% will be
4 distributed to the Office of the State's Attorney
5 for use in the enforcement of laws governing
6 cannabis and controlled substances. If the
7 prosecution is undertaken solely by the Attorney
8 General, the portion provided hereunder shall be
9 distributed to the Attorney General for use in the
10 enforcement of laws governing cannabis and
11 controlled substances.
12 (ii) 12.5% shall be distributed to the Office
13 of the State's Attorneys Appellate Prosecutor and
14 deposited in the Narcotics Profit Forfeiture Fund of
15 that Office to be used for additional expenses
16 incurred in the investigation, prosecution and
17 appeal of cases arising under laws governing
18 cannabis and controlled substances. The Office of
19 the State's Attorneys Appellate Prosecutor shall not
20 receive distribution from cases brought in counties
21 with over 3,000,000 population.
22 (3) 10% shall be retained by the Department of
23 State Police for expenses related to the administration
24 and sale of seized and forfeited property.
25 (Source: P.A. 89-404, eff. 8-20-95.)
26 Section 25. The Illinois Controlled Substances Act is
27 amended by changing Sections 100, 401, 402, 405.1, and 505 as
28 follows:
29 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
30 Sec. 100. Legislative intent. It is the intent of the
31 General Assembly, recognizing the rising incidence in the
32 abuse of drugs and other dangerous substances and its
SB1425 Engrossed -15- LRB9009448RCcd
1 resultant damage to the peace, health, and welfare of the
2 citizens of Illinois, to provide a system of control over the
3 distribution and use of controlled substances which will more
4 effectively: (1) limit access of such substances only to
5 those persons who have demonstrated an appropriate sense of
6 responsibility and have a lawful and legitimate reason to
7 possess them; (2) deter the unlawful and destructive abuse of
8 controlled substances; (3) penalize most heavily the illicit
9 traffickers or profiteers of controlled substances, who
10 propagate and perpetuate the abuse of such substances with
11 reckless disregard for its consumptive consequences upon
12 every element of society; (4) acknowledge the functional and
13 consequential differences between the various types of
14 controlled substances and provide for correspondingly
15 different degrees of control over each of the various types;
16 (5) unify where feasible and codify the efforts of this State
17 to conform with the regulatory systems of the Federal
18 government and other states to establish national
19 coordination of efforts to control the abuse of controlled
20 substances; and (6) provide law enforcement authorities with
21 the necessary resources to make this system efficacious.
22 It is not the intent of the General Assembly to treat the
23 unlawful user or occasional petty distributor of controlled
24 substances with the same severity as the large-scale,
25 unlawful purveyors and traffickers of controlled substances.
26 However, it is recognized that persons who violate this Act
27 with respect to the manufacture, delivery, possession with
28 intent to deliver, or possession of more than one type of
29 controlled substance listed herein may accordingly receive
30 multiple convictions and sentences under each Section of this
31 Act. To this end, guidelines have been provided, along with a
32 wide latitude in sentencing discretion, to enable the
33 sentencing court to order penalties in each case which are
34 appropriate for the purposes of this Act.
SB1425 Engrossed -16- LRB9009448RCcd
1 Legislative intent. It is the intent of the General
2 Assembly, recognizing the rising incidence in the abuse of
3 drugs and other dangerous substances and its resultant damage
4 to the peace, health, and welfare of the citizens of
5 Illinois, to provide a system of control over the
6 distribution and use of controlled substances which will more
7 effectively: (1) limit access of such substances only to
8 those persons who have demonstrated an appropriate sense of
9 responsibility and have a lawful and legitimate reason to
10 possess them; (2) deter the unlawful and destructive abuse of
11 controlled substances; (3) penalize most heavily the illicit
12 traffickers or profiteers of controlled substances, who
13 propagate and perpetuate the abuse of such substances with
14 reckless disregard for its consumptive consequences upon
15 every element of society; (4) acknowledge the functional and
16 consequential differences between the various types of
17 controlled substances and provide for correspondingly
18 different degrees of control over each of the various types;
19 (5) unify where feasible and codify the efforts of this state
20 to conform with the regulatory systems of the Federal
21 government and other states to establish national
22 coordination of efforts to control the abuse of controlled
23 substances; and (6) provide law enforcement authorities with
24 the necessary resources to make this system efficacious.
25 It is not the intent of the General Assembly to treat the
26 unlawful user or occasional petty distributor of controlled
27 substances with the same severity as the large-scale,
28 unlawful purveyors and traffickers of controlled substances.
29 However, it is recognized that persons who violate this Act
30 with respect to the manufacture, delivery, possession with
31 intent to deliver, or possession of more than one type of
32 controlled substance listed herein may accordingly receive
33 multiple convictions and sentences under each Section of this
34 Act. To this end, guidelines have been provided, along with a
SB1425 Engrossed -17- LRB9009448RCcd
1 wide latitude in sentencing discretion, to enable the
2 sentencing court to order penalties in each case which are
3 appropriate for the purposes of this Act.
4 (Source: P.A. 89-404, eff. 8-20-95.)
5 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
6 Sec. 401. Except as authorized by this Act, it is
7 unlawful for any person knowingly to manufacture or deliver,
8 or possess with intent to manufacture or deliver, a
9 controlled or counterfeit substance or controlled substance
10 analog. A violation of this Act with respect to each of the
11 controlled substances listed herein constitutes a single and
12 separate violation of this Act. For purposes of this
13 Section, "controlled substance analog" or "analog" means a
14 substance which is intended for human consumption, other than
15 a controlled substance, that has a chemical structure
16 substantially similar to that of a controlled substance in
17 Schedule I or II, or that was specifically designed to
18 produce an effect substantially similar to that of a
19 controlled substance in Schedule I or II. Examples of
20 chemical classes in which controlled substance analogs are
21 found include, but are not limited to, the following:
22 phenethylamines, N-substituted piperidines, morphinans,
23 ecgonines, quinazolinones, substituted indoles, and
24 arylcycloalkylamines. For purposes of this Act, a controlled
25 substance analog shall be treated in the same manner as the
26 controlled substance to which it is substantially similar.
27 (a) Any person who violates this Section with respect to
28 the following amounts of controlled or counterfeit substances
29 or controlled substance analogs, notwithstanding any of the
30 provisions of subsections (c), (d), (e), (f), (g) or (h) to
31 the contrary, is guilty of a Class X felony and shall be
32 sentenced to a term of imprisonment as provided in this
33 subsection (a) and fined as provided in subsection (b):
SB1425 Engrossed -18- LRB9009448RCcd
1 (1) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing heroin, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing heroin, or
8 an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing heroin, or
12 an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of any
15 substance containing heroin, or an analog thereof;
16 (2) (A) not less than 6 years and not more than 30
17 years with respect to 15 grams or more but less than
18 100 grams of a substance containing cocaine, or an
19 analog thereof;
20 (B) not less than 9 years and not more than 40
21 years with respect to 100 grams or more but less
22 than 400 grams of a substance containing cocaine, or
23 an analog thereof;
24 (C) not less than 12 years and not more than
25 50 years with respect to 400 grams or more but less
26 than 900 grams of a substance containing cocaine, or
27 an analog thereof;
28 (D) not less than 15 years and not more than
29 60 years with respect to 900 grams or more of any
30 substance containing cocaine, or an analog thereof;
31 (3) (A) not less than 6 years and not more than 30
32 years with respect to 15 grams or more but less than
33 100 grams of a substance containing morphine, or an
SB1425 Engrossed -19- LRB9009448RCcd
1 analog thereof;
2 (B) not less than 9 years and not more than 40
3 years with respect to 100 grams or more but less
4 than 400 grams of a substance containing morphine,
5 or an analog thereof;
6 (C) not less than 12 years and not more than
7 50 years with respect to 400 grams or more but less
8 than 900 grams of a substance containing morphine,
9 or an analog thereof;
10 (D) not less than 15 years and not more than
11 60 years with respect to 900 grams or more of a
12 substance containing morphine, or an analog thereof;
13 (4) 200 grams or more of any substance containing
14 peyote, or an analog thereof;
15 (5) 200 grams or more of any substance containing a
16 derivative of barbituric acid or any of the salts of a
17 derivative of barbituric acid, or an analog thereof;
18 (6) 200 grams or more of any substance containing
19 amphetamine or methamphetamine or any salt of an optical
20 isomer of amphetamine or methamphetamine, or an analog
21 thereof;
22 (7) (A) not less than 6 years and not more than 30
23 years with respect to: (i) 15 grams or more but less
24 than 100 grams of a substance containing lysergic
25 acid diethylamide (LSD), or an analog thereof, or
26 (ii) 15 or more objects or 15 or more segregated
27 parts of an object or objects but less than 200
28 objects or 200 segregated parts of an object or
29 objects containing in them or having upon them any
30 amounts of any substance containing lysergic acid
31 diethylamide (LSD), or an analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to: (i) 100 grams or more but
34 less than 400 grams of a substance containing
SB1425 Engrossed -20- LRB9009448RCcd
1 lysergic acid diethylamide (LSD), or an analog
2 thereof, or (ii) 200 or more objects or 200 or more
3 segregated parts of an object or objects but less
4 than 600 objects or less than 600 segregated parts
5 of an object or objects containing in them or having
6 upon them any amount of any substance containing
7 lysergic acid diethylamide (LSD), or an analog
8 thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to: (i) 400 grams or more but
11 less than 900 grams of a substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 600 or more objects or 600 or more
14 segregated parts of an object or objects but less
15 than 1500 objects or 1500 segregated parts of an
16 object or objects containing in them or having upon
17 them any amount of any substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof;
19 (D) not less than 15 years and not more than
20 60 years with respect to: (i) 900 grams or more of
21 any substance containing lysergic acid diethylamide
22 (LSD), or an analog thereof, or (ii) 1500 or more
23 objects or 1500 or more segregated parts of an
24 object or objects containing in them or having upon
25 them any amount of a substance containing lysergic
26 acid diethylamide (LSD), or an analog thereof;
27 (8) 30 grams or more of any substance containing
28 pentazocine or any of the salts, isomers and salts of
29 isomers of pentazocine, or an analog thereof;
30 (9) 30 grams or more of any substance containing
31 methaqualone or any of the salts, isomers and salts of
32 isomers of methaqualone, or an analog thereof;
33 (10) 30 grams or more of any substance
34 containing phencyclidine or any of the salts, isomers
SB1425 Engrossed -21- LRB9009448RCcd
1 and salts of isomers of phencyclidine (PCP), or an
2 analog thereof;
3 (10.5) 30 grams or more of any substance containing
4 ketamine or any of the salts, isomers and salts of
5 isomers of ketamine, or an analog thereof;
6 (11) 200 grams or more of any substance containing
7 any other controlled substance classified in Schedules I
8 or II, or an analog thereof, which is not otherwise
9 included in this subsection.
10 (b) Any person sentenced with respect to violations of
11 paragraph (1), (2), (3) or (7) of subsection (a) involving
12 100 grams or more of the controlled substance named therein,
13 may in addition to the penalties provided therein, be fined
14 an amount not more than $500,000 or the full street value of
15 the controlled or counterfeit substance or controlled
16 substance analog, whichever is greater. The term "street
17 value" shall have the meaning ascribed in Section 110-5 of
18 the Code of Criminal Procedure of 1963. Any person sentenced
19 with respect to any other provision of subsection (a), may in
20 addition to the penalties provided therein, be fined an
21 amount not to exceed $500,000.
22 (c) Any person who violates this Section with regard to
23 the following amounts of controlled or counterfeit substances
24 or controlled substance analogs, notwithstanding any of the
25 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
26 to the contrary, is guilty of a Class 1 felony. The fine for
27 violation of this subsection (c) shall not be more than
28 $250,000:
29 (1) 10 or more grams but less than 15 grams of any
30 substance containing heroin, or an analog thereof;
31 (2) 1 gram or more but less than 15 grams of any
32 substance containing cocaine, or an analog thereof;
33 (3) 10 grams or more but less than 15 grams of any
34 substance containing morphine, or an analog thereof;
SB1425 Engrossed -22- LRB9009448RCcd
1 (4) 50 grams or more but less than 200 grams of any
2 substance containing peyote, or an analog thereof;
3 (5) 50 grams or more but less than 200 grams of any
4 substance containing a derivative of barbituric acid or
5 any of the salts of a derivative of barbituric acid, or
6 an analog thereof;
7 (6) 50 grams or more but less than 200 grams of any
8 substance containing amphetamine or methamphetamine or
9 any salt of an optical isomer of amphetamine or
10 methamphetamine, or an analog thereof;
11 (7) (i) 5 grams or more but less than 15 grams of
12 any substance containing lysergic acid diethylamide
13 (LSD), or an analog thereof, or (ii) more than 10 objects
14 or more than 10 segregated parts of an object or objects
15 but less than 15 objects or less than 15 segregated parts
16 of an object containing in them or having upon them any
17 amount of any substance containing lysergic acid
18 diethylamide (LSD), or an analog thereof;
19 (8) 10 grams or more but less than 30 grams of any
20 substance containing pentazocine or any of the salts,
21 isomers and salts of isomers of pentazocine, or an analog
22 thereof;
23 (9) 10 grams or more but less than 30 grams of any
24 substance containing methaqualone or any of the salts,
25 isomers and salts of isomers of methaqualone, or an
26 analog thereof;
27 (10) 10 grams or more but less than 30 grams of any
28 substance containing phencyclidine or any of the salts,
29 isomers and salts of isomers of phencyclidine (PCP), or
30 an analog thereof;
31 (10.5) 10 grams or more but less than 30 grams of
32 any substance containing ketamine or any of the salts,
33 isomers and salts of isomers of ketamine, or an analog
34 thereof;
SB1425 Engrossed -23- LRB9009448RCcd
1 (11) 50 grams or more but less than 200 grams of
2 any substance containing a substance classified in
3 Schedules I or II, or an analog thereof, which is not
4 otherwise included in this subsection.
5 (d) Any person who violates this Section with regard to
6 any other amount of a controlled or counterfeit substance
7 classified in Schedules I or II, or an analog thereof, which
8 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
9 (LSD) or an analog thereof, is guilty of a Class 2 felony.
10 The fine for violation of this subsection (d) shall not be
11 more than $200,000.
12 (e) Any person who violates this Section with regard to
13 any other amount of a controlled or counterfeit substance
14 classified in Schedule I or II, or an analog thereof, which
15 substance is not included under subsection (d) of this
16 Section, is guilty of a Class 3 felony. The fine for
17 violation of this subsection (e) shall not be more than
18 $150,000.
19 (f) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedule III is guilty of a Class 3 felony. The
22 fine for violation of this subsection (f) shall not be more
23 than $125,000.
24 (g) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule IV is guilty of a Class 3 felony. The
27 fine for violation of this subsection (g) shall not be more
28 than $100,000.
29 (h) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule V is guilty of a Class 3 felony. The
32 fine for violation of this subsection (h) shall not be more
33 than $75,000.
34 (i) This Section does not apply to the manufacture,
SB1425 Engrossed -24- LRB9009448RCcd
1 possession or distribution of a substance in conformance with
2 the provisions of an approved new drug application or an
3 exemption for investigational use within the meaning of
4 Section 505 of the Federal Food, Drug and Cosmetic Act.
5 Except as authorized by this Act, it is unlawful for any
6 person knowingly to manufacture or deliver, or possess with
7 intent to manufacture or deliver, a controlled or counterfeit
8 substance or controlled substance analog. A violation of
9 this Act with respect to each of the controlled substances
10 listed herein constitutes a single and separate violation of
11 this Act. For purposes of this Section, "controlled
12 substance analog" or "analog" means a substance which is
13 intended for human consumption, other than a controlled
14 substance, that has a chemical structure substantially
15 similar to that of a controlled substance in Schedule I or
16 II, or that was specifically designed to produce an effect
17 substantially similar to that of a controlled substance in
18 Schedule I or II. Examples of chemical classes in which
19 controlled substance analogs are found include, but are not
20 limited to, the following: phenethylamines, N-substituted
21 piperidines, morphinans, ecgonines, quinazolinones,
22 substituted indoles, and arylcycloalkylamines. For purposes
23 of this Act, a controlled substance analog shall be treated
24 in the same manner as the controlled substance to which it is
25 substantially similar.
26 (a) Any person who violates this Section with respect to
27 the following amounts of controlled or counterfeit substances
28 or controlled substance analogs, notwithstanding any of the
29 provisions of subsections (c), (d), (e), (f), (g) or (h) to
30 the contrary, is guilty of a Class X felony and shall be
31 sentenced to a term of imprisonment as provided in this
32 subsection (a) and fined as provided in subsection (b):
33 (1) (A) not less than 6 years and not more than 30
34 years with respect to 15 grams or more but less than
SB1425 Engrossed -25- LRB9009448RCcd
1 100 grams of a substance containing heroin, or an
2 analog thereof;
3 (B) not less than 9 years and not more than 40
4 years with respect to 100 grams or more but less
5 than 400 grams of a substance containing heroin, or
6 an analog thereof;
7 (C) not less than 12 years and not more than
8 50 years with respect to 400 grams or more but less
9 than 900 grams of a substance containing heroin, or
10 an analog thereof;
11 (D) not less than 15 years and not more than
12 60 years with respect to 900 grams or more of any
13 substance containing heroin, or an analog thereof;
14 (2) (A) not less than 6 years and not more than 30
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing cocaine, or an
17 analog thereof;
18 (B) not less than 9 years and not more than 40
19 years with respect to 100 grams or more but less
20 than 400 grams of a substance containing cocaine, or
21 an analog thereof;
22 (C) not less than 12 years and not more than
23 50 years with respect to 400 grams or more but less
24 than 900 grams of a substance containing cocaine, or
25 an analog thereof;
26 (D) not less than 15 years and not more than
27 60 years with respect to 900 grams or more of any
28 substance containing cocaine, or an analog thereof;
29 (3) (A) not less than 6 years and not more than 30
30 years with respect to 15 grams or more but less than
31 100 grams of a substance containing morphine, or an
32 analog thereof;
33 (B) not less than 9 years and not more than 40
SB1425 Engrossed -26- LRB9009448RCcd
1 years with respect to 100 grams or more but less
2 than 400 grams of a substance containing morphine,
3 or an analog thereof;
4 (C) not less than 12 years and not more than
5 50 years with respect to 400 grams or more but less
6 than 900 grams of a substance containing morphine,
7 or an analog thereof;
8 (D) not less than 15 years and not more than
9 60 years with respect to 900 grams or more of a
10 substance containing morphine, or an analog thereof;
11 (4) 200 grams or more of any substance containing
12 peyote, or an analog thereof;
13 (5) 200 grams or more of any substance containing a
14 derivative of barbituric acid or any of the salts of a
15 derivative of barbituric acid, or an analog thereof;
16 (6) 200 grams or more of any substance containing
17 amphetamine or methamphetamine or any salt of an optical
18 isomer of amphetamine or methamphetamine, or an analog
19 thereof;
20 (7) (A) not less than 6 years and not more than 30
21 years with respect to: (i) 15 grams or more but less
22 than 100 grams of a substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof, or
24 (ii) 15 or more objects or 15 or more segregated
25 parts of an object or objects but less than 200
26 objects or 200 segregated parts of an object or
27 objects containing in them or having upon them any
28 amounts of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (B) not less than 9 years and not more than 40
31 years with respect to: (i) 100 grams or more but
32 less than 400 grams of a substance containing
33 lysergic acid diethylamide (LSD), or an analog
34 thereof, or (ii) 200 or more objects or 200 or more
SB1425 Engrossed -27- LRB9009448RCcd
1 segregated parts of an object or objects but less
2 than 600 objects or less than 600 segregated parts
3 of an object or objects containing in them or having
4 upon them any amount of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof;
7 (C) not less than 12 years and not more than
8 50 years with respect to: (i) 400 grams or more but
9 less than 900 grams of a substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof, or (ii) 600 or more objects or 600 or more
12 segregated parts of an object or objects but less
13 than 1500 objects or 1500 segregated parts of an
14 object or objects containing in them or having upon
15 them any amount of any substance containing lysergic
16 acid diethylamide (LSD), or an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to: (i) 900 grams or more of
19 any substance containing lysergic acid diethylamide
20 (LSD), or an analog thereof, or (ii) 1500 or more
21 objects or 1500 or more segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of a substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (8) 30 grams or more of any substance containing
26 pentazocine or any of the salts, isomers and salts of
27 isomers of pentazocine, or an analog thereof;
28 (9) 30 grams or more of any substance containing
29 methaqualone or any of the salts, isomers and salts of
30 isomers of methaqualone, or an analog thereof;
31 (10) 30 grams or more of any substance
32 containing phencyclidine or any of the salts, isomers
33 and salts of isomers of phencyclidine (PCP), or an
34 analog thereof;
SB1425 Engrossed -28- LRB9009448RCcd
1 (10.5) 30 grams or more of any substance containing
2 ketamine or any of the salts, isomers and salts of
3 isomers of ketamine, or an analog thereof;
4 (11) 200 grams or more of any substance containing
5 any other controlled substance classified in Schedules I
6 or II, or an analog thereof, which is not otherwise
7 included in this subsection.
8 (b) Any person sentenced with respect to violations of
9 paragraph (1), (2), (3) or (7) of subsection (a) involving
10 100 grams or more of the controlled substance named therein,
11 may in addition to the penalties provided therein, be fined
12 an amount not more than $500,000 or the full street value of
13 the controlled or counterfeit substance or controlled
14 substance analog, whichever is greater. The term "street
15 value" shall have the meaning ascribed in Section 110-5 of
16 the Code of Criminal Procedure of 1963. Any person sentenced
17 with respect to any other provision of subsection (a), may in
18 addition to the penalties provided therein, be fined an
19 amount not to exceed $500,000.
20 (c) Any person who violates this Section with regard to
21 the following amounts of controlled or counterfeit substances
22 or controlled substance analogs, notwithstanding any of the
23 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
24 to the contrary, is guilty of a Class 1 felony. The fine for
25 violation of this subsection (c) shall not be more than
26 $250,000:
27 (1) 10 or more grams but less than 15 grams of any
28 substance containing heroin, or an analog thereof;
29 (2) 1 gram or more but less than 15 grams of any
30 substance containing cocaine, or an analog thereof;
31 (3) 10 grams or more but less than 15 grams of any
32 substance containing morphine, or an analog thereof;
33 (4) 50 grams or more but less than 200 grams of any
34 substance containing peyote, or an analog thereof;
SB1425 Engrossed -29- LRB9009448RCcd
1 (5) 50 grams or more but less than 200 grams of any
2 substance containing a derivative of barbituric acid or
3 any of the salts of a derivative of barbituric acid, or
4 an analog thereof;
5 (6) 50 grams or more but less than 200 grams of any
6 substance containing amphetamine or methamphetamine or
7 any salt of an optical isomer of amphetamine or
8 methamphetamine, or an analog thereof;
9 (7) (i) 5 grams or more but less than 15 grams of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) more than 10 objects
12 or more than 10 segregated parts of an object or objects
13 but less than 15 objects or less than 15 segregated parts
14 of an object containing in them or having upon them any
15 amount of any substance containing lysergic acid
16 diethylamide (LSD), or an analog thereof;
17 (8) 10 grams or more but less than 30 grams of any
18 substance containing pentazocine or any of the salts,
19 isomers and salts of isomers of pentazocine, or an analog
20 thereof;
21 (9) 10 grams or more but less than 30 grams of any
22 substance containing methaqualone or any of the salts,
23 isomers and salts of isomers of methaqualone, or an
24 analog thereof;
25 (10) 10 grams or more but less than 30 grams of any
26 substance containing phencyclidine or any of the salts,
27 isomers and salts of isomers of phencyclidine (PCP), or
28 an analog thereof;
29 (10.5) 10 grams or more but less than 30 grams of
30 any substance containing ketamine or any of the salts,
31 isomers and salts of isomers of ketamine, or an analog
32 thereof;
33 (11) 50 grams or more but less than 200 grams of
34 any substance containing a substance classified in
SB1425 Engrossed -30- LRB9009448RCcd
1 Schedules I or II, or an analog thereof, which is not
2 otherwise included in this subsection.
3 (d) Any person who violates this Section with regard to
4 any other amount of a controlled or counterfeit substance
5 classified in Schedules I or II, or an analog thereof, which
6 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
7 (LSD) or an analog thereof, is guilty of a Class 2 felony.
8 The fine for violation of this subsection (d) shall not be
9 more than $200,000.
10 (e) Any person who violates this Section with regard to
11 any other amount of a controlled or counterfeit substance
12 classified in Schedule I or II, or an analog thereof, which
13 substance is not included under subsection (d) of this
14 Section, is guilty of a Class 3 felony. The fine for
15 violation of this subsection (e) shall not be more than
16 $150,000.
17 (f) Any person who violates this Section with regard to
18 any other amount of a controlled or counterfeit substance
19 classified in Schedule III is guilty of a Class 3 felony. The
20 fine for violation of this subsection (f) shall not be more
21 than $125,000.
22 (g) Any person who violates this Section with regard to
23 any other amount of a controlled or counterfeit substance
24 classified in Schedule IV is guilty of a Class 3 felony. The
25 fine for violation of this subsection (g) shall not be more
26 than $100,000.
27 (h) Any person who violates this Section with regard to
28 any other amount of a controlled or counterfeit substance
29 classified in Schedule V is guilty of a Class 3 felony. The
30 fine for violation of this subsection (h) shall not be more
31 than $75,000.
32 (i) This Section does not apply to the manufacture,
33 possession or distribution of a substance in conformance with
34 the provisions of an approved new drug application or an
SB1425 Engrossed -31- LRB9009448RCcd
1 exemption for investigational use within the meaning of
2 Section 505 of the Federal Food, Drug and Cosmetic Act.
3 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
4 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
5 Sec. 402. Except as otherwise authorized by this Act, it
6 is unlawful for any person knowingly to possess a controlled
7 or counterfeit substance. A violation of this Act with
8 respect to each of the controlled substances listed herein
9 constitutes a single and separate violation of this Act.
10 (a) Any person who violates this Section with respect to
11 the following controlled or counterfeit substances and
12 amounts, notwithstanding any of the provisions of subsection
13 (c) and (d) to the contrary, is guilty of a Class 1 felony
14 and shall, if sentenced to a term of imprisonment, be
15 sentenced as provided in this subsection (a) and fined as
16 provided in subsection (b):
17 (1) (A) not less than 4 years and not more than 15
18 years with respect to 15 grams or more but less than
19 100 grams of a substance containing heroin;
20 (B) not less than 6 years and not more than 30
21 years with respect to 100 grams or more but less
22 than 400 grams of a substance containing heroin;
23 (C) not less than 8 years and not more than 40
24 years with respect to 400 grams or more but less
25 than 900 grams of any substance containing heroin;
26 (D) not less than 10 years and not more than
27 50 years with respect to 900 grams or more of any
28 substance containing heroin;
29 (2) (A) not less than 4 years and not more than 15
30 years with respect to 15 grams or more but less than
31 100 grams of any substance containing cocaine;
32 (B) not less than 6 years and not more than 30
33 years with respect to 100 grams or more but less
SB1425 Engrossed -32- LRB9009448RCcd
1 than 400 grams of any substance containing cocaine;
2 (C) not less than 8 years and not more than 40
3 years with respect to 400 grams or more but less
4 than 900 grams of any substance containing cocaine;
5 (D) not less than 10 years and not more than
6 50 years with respect to 900 grams or more of any
7 substance containing cocaine;
8 (3) (A) not less than 4 years and not more than 15
9 years with respect to 15 grams or more but less than
10 100 grams of any substance containing morphine;
11 (B) not less than 6 years and not more than 30
12 years with respect to 100 grams or more but less
13 than 400 grams of any substance containing morphine;
14 (C) not less than 8 years and not more than 40
15 years with respect to 400 grams or more but less
16 than 900 grams of any substance containing morphine;
17 (D) not less than 10 years and not more than
18 50 years with respect to 900 grams or more of any
19 substance containing morphine;
20 (4) 200 grams or more of any substance containing
21 peyote;
22 (5) 200 grams or more of any substance containing a
23 derivative of barbituric acid or any of the salts of a
24 derivative of barbituric acid;
25 (6) 200 grams or more of any substance containing
26 amphetamine or methamphetamine or any salt of an optical
27 isomer of amphetamine or methamphetamine;
28 (7) (A) not less than 4 years and not more than 15
29 years with respect to: (i) 15 grams or more but less
30 than 100 grams of any substance containing lysergic
31 acid diethylamide (LSD), or an analog thereof, or
32 (ii) 15 or more objects or 15 or more segregated
33 parts of an object or objects but less than 200
34 objects or 200 segregated parts of an object or
SB1425 Engrossed -33- LRB9009448RCcd
1 objects containing in them or having upon them any
2 amount of any substance containing lysergic acid
3 diethylamide (LSD), or an analog thereof;
4 (B) not less than 6 years and not more than 30
5 years with respect to: (i) 100 grams or more but
6 less than 400 grams of any substance containing
7 lysergic acid diethylamide (LSD), or an analog
8 thereof, or (ii) 200 or more objects or 200 or more
9 segregated parts of an object or objects but less
10 than 600 objects or less than 600 segregated parts
11 of an object or objects containing in them or having
12 upon them any amount of any substance containing
13 lysergic acid diethylamide (LSD), or an analog
14 thereof;
15 (C) not less than 8 years and not more than 40
16 years with respect to: (i) 400 grams or more but
17 less than 900 grams of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof, or (ii) 600 or more objects or 600 or more
20 segregated parts of an object or objects but less
21 than 1500 objects or 1500 segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of any substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (D) not less than 10 years and not more than
26 50 years with respect to: (i) 900 grams or more of
27 any substance containing lysergic acid diethylamide
28 (LSD), or an analog thereof, or (ii) 1500 or more
29 objects or 1500 or more segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of a substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (8) 30 grams or more of any substance containing
34 pentazocine or any of the salts, isomers and salts of
SB1425 Engrossed -34- LRB9009448RCcd
1 isomers of pentazocine, or an analog thereof;
2 (9) 30 grams or more of any substance containing
3 methaqualone or any of the salts, isomers and salts of
4 isomers of methaqualone;
5 (10) 30 grams or more of any substance containing
6 phencyclidine or any of the salts, isomers and salts of
7 isomers of phencyclidine (PCP);
8 (10.5) 30 grams or more of any substance containing
9 ketamine or any of the salts, isomers and salts of
10 isomers of ketamine;
11 (11) 200 grams or more of any substance containing
12 any substance classified as a narcotic drug in Schedules
13 I or II which is not otherwise included in this
14 subsection.
15 (b) Any person sentenced with respect to violations of
16 paragraph (1), (2), (3) or (7) of subsection (a) involving
17 100 grams or more of the controlled substance named therein,
18 may in addition to the penalties provided therein, be fined
19 an amount not to exceed $200,000 or the full street value of
20 the controlled or counterfeit substances, whichever is
21 greater. The term "street value" shall have the meaning
22 ascribed in Section 110-5 of the Code of Criminal Procedure
23 of 1963. Any person sentenced with respect to any other
24 provision of subsection (a), may in addition to the penalties
25 provided therein, be fined an amount not to exceed $200,000.
26 (c) Any person who violates this Section with regard to
27 an amount of a controlled or counterfeit substance not set
28 forth in subsection (a) or (d) is guilty of a Class 4 felony.
29 The fine for a violation punishable under this subsection (c)
30 shall not be more than $25,000.
31 (d) Any person who violates this Section with regard to
32 any amount of anabolic steroid is guilty of a Class C
33 misdemeanor for the first offense and a Class B misdemeanor
34 for a subsequent offense committed within 2 years of a prior
SB1425 Engrossed -35- LRB9009448RCcd
1 conviction.
2 Except as otherwise authorized by this Act, it is
3 unlawful for any person knowingly to possess a controlled or
4 counterfeit substance. A violation of this Act with respect
5 to each of the controlled substances listed herein
6 constitutes a single and separate violation of this Act.
7 (a) Any person who violates this Section with respect to
8 the following controlled or counterfeit substances and
9 amounts, notwithstanding any of the provisions of subsection
10 (c) and (d) to the contrary, is guilty of a Class 1 felony
11 and shall, if sentenced to a term of imprisonment, be
12 sentenced as provided in this subsection (a) and fined as
13 provided in subsection (b):
14 (1) (A) not less than 4 years and not more than 15
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing heroin;
17 (B) not less than 6 years and not more than 30
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin;
20 (C) not less than 8 years and not more than 40
21 years with respect to 400 grams or more but less
22 than 900 grams of any substance containing heroin;
23 (D) not less than 10 years and not more than
24 50 years with respect to 900 grams or more of any
25 substance containing heroin;
26 (2) (A) not less than 4 years and not more than 15
27 years with respect to 15 grams or more but less than
28 100 grams of any substance containing cocaine;
29 (B) not less than 6 years and not more than 30
30 years with respect to 100 grams or more but less
31 than 400 grams of any substance containing cocaine;
32 (C) not less than 8 years and not more than 40
33 years with respect to 400 grams or more but less
34 than 900 grams of any substance containing cocaine;
SB1425 Engrossed -36- LRB9009448RCcd
1 (D) not less than 10 years and not more than
2 50 years with respect to 900 grams or more of any
3 substance containing cocaine;
4 (3) (A) not less than 4 years and not more than 15
5 years with respect to 15 grams or more but less than
6 100 grams of any substance containing morphine;
7 (B) not less than 6 years and not more than 30
8 years with respect to 100 grams or more but less
9 than 400 grams of any substance containing morphine;
10 (C) not less than 8 years and not more than 40
11 years with respect to 400 grams or more but less
12 than 900 grams of any substance containing morphine;
13 (D) not less than 10 years and not more than
14 50 years with respect to 900 grams or more of any
15 substance containing morphine;
16 (4) 200 grams or more of any substance containing
17 peyote;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine;
24 (7) (A) not less than 4 years and not more than 15
25 years with respect to: (i) 15 grams or more but less
26 than 100 grams of any substance containing lysergic
27 acid diethylamide (LSD), or an analog thereof, or
28 (ii) 15 or more objects or 15 or more segregated
29 parts of an object or objects but less than 200
30 objects or 200 segregated parts of an object or
31 objects containing in them or having upon them any
32 amount of any substance containing lysergic acid
33 diethylamide (LSD), or an analog thereof;
34 (B) not less than 6 years and not more than 30
SB1425 Engrossed -37- LRB9009448RCcd
1 years with respect to: (i) 100 grams or more but
2 less than 400 grams of any substance containing
3 lysergic acid diethylamide (LSD), or an analog
4 thereof, or (ii) 200 or more objects or 200 or more
5 segregated parts of an object or objects but less
6 than 600 objects or less than 600 segregated parts
7 of an object or objects containing in them or having
8 upon them any amount of any substance containing
9 lysergic acid diethylamide (LSD), or an analog
10 thereof;
11 (C) not less than 8 years and not more than 40
12 years with respect to: (i) 400 grams or more but
13 less than 900 grams of any substance containing
14 lysergic acid diethylamide (LSD), or an analog
15 thereof, or (ii) 600 or more objects or 600 or more
16 segregated parts of an object or objects but less
17 than 1500 objects or 1500 segregated parts of an
18 object or objects containing in them or having upon
19 them any amount of any substance containing lysergic
20 acid diethylamide (LSD), or an analog thereof;
21 (D) not less than 10 years and not more than
22 50 years with respect to: (i) 900 grams or more of
23 any substance containing lysergic acid diethylamide
24 (LSD), or an analog thereof, or (ii) 1500 or more
25 objects or 1500 or more segregated parts of an
26 object or objects containing in them or having upon
27 them any amount of a substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof;
29 (8) 30 grams or more of any substance containing
30 pentazocine or any of the salts, isomers and salts of
31 isomers of pentazocine, or an analog thereof;
32 (9) 30 grams or more of any substance containing
33 methaqualone or any of the salts, isomers and salts of
34 isomers of methaqualone;
SB1425 Engrossed -38- LRB9009448RCcd
1 (10) 30 grams or more of any substance containing
2 phencyclidine or any of the salts, isomers and salts of
3 isomers of phencyclidine (PCP);
4 (10.5) 30 grams or more of any substance containing
5 ketamine or any of the salts, isomers and salts of
6 isomers of ketamine;
7 (11) 200 grams or more of any substance containing
8 any substance classified as a narcotic drug in Schedules
9 I or II which is not otherwise included in this
10 subsection.
11 (b) Any person sentenced with respect to violations of
12 paragraph (1), (2), (3) or (7) of subsection (a) involving
13 100 grams or more of the controlled substance named therein,
14 may in addition to the penalties provided therein, be fined
15 an amount not to exceed $200,000 or the full street value of
16 the controlled or counterfeit substances, whichever is
17 greater. The term "street value" shall have the meaning
18 ascribed in Section 110-5 of the Code of Criminal Procedure
19 of 1963. Any person sentenced with respect to any other
20 provision of subsection (a), may in addition to the penalties
21 provided therein, be fined an amount not to exceed $200,000.
22 (c) Any person who violates this Section with regard to
23 an amount of a controlled or counterfeit substance not set
24 forth in subsection (a) or (d) is guilty of a Class 4 felony.
25 The fine for a violation punishable under this subsection (c)
26 shall not be more than $25,000.
27 (d) Any person who violates this Section with regard to
28 any amount of anabolic steroid is guilty of a Class C
29 misdemeanor for the first offense and a Class B misdemeanor
30 for a subsequent offense committed within 2 years of a prior
31 conviction.
32 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
33 90-384, eff. 1-1-98; revised 11-13-97.)
SB1425 Engrossed -39- LRB9009448RCcd
1 (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
2 Sec. 405.1. (a) Elements of the offense. A person
3 commits criminal drug conspiracy when, with the intent that
4 an offense set forth in Section 401, Section 402, or Section
5 407 of this Act be committed, he agrees with another to the
6 commission of that offense. No person may be convicted of
7 conspiracy to commit such an offense unless an act in
8 furtherance of such agreement is alleged and proved to have
9 been committed by him or by a co-conspirator.
10 (b) Co-conspirators. It shall not be a defense to
11 conspiracy that the person or persons with whom the accused
12 is alleged to have conspired:
13 (1) Has not been prosecuted or convicted, or
14 (2) Has been convicted of a different offense, or
15 (3) Is not amenable to justice, or
16 (4) Has been acquitted, or
17 (5) Lacked the capacity to commit an offense.
18 (c) Sentence. A person convicted of criminal drug
19 conspiracy may be fined or imprisoned or both, but any term
20 of imprisonment imposed shall be not less than the minimum
21 nor more than the maximum provided for the offense which is
22 the object of the conspiracy.
23 (a) Elements of the offense. A person commits criminal
24 drug conspiracy when, with the intent that an offense set
25 forth in Section 401, Section 402, or Section 407 of this Act
26 be committed, he agrees with another to the commission of
27 that offense. No person may be convicted of conspiracy to
28 commit such an offense unless an act in furtherance of such
29 agreement is alleged and proved to have been committed by him
30 or by a co-conspirator.
31 (b) Co-conspirators. It shall not be a defense to
32 conspiracy that the person or persons with whom the accused
33 is alleged to have conspired:
34 (1) Has not been prosecuted or convicted, or
SB1425 Engrossed -40- LRB9009448RCcd
1 (2) Has been convicted of a different offense, or
2 (3) Is not amenable to justice, or
3 (4) Has been acquitted, or
4 (5) Lacked the capacity to commit an offense.
5 (c) Sentence. A person convicted of criminal drug
6 conspiracy may be fined or imprisoned or both, but any term
7 of imprisonment imposed shall be not less than the minimum
8 nor more than the maximum provided for the offense which is
9 the object of the conspiracy.
10 (Source: P.A. 89-404, eff. 8-20-95.)
11 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
12 Sec. 505. (a) The following are subject to forfeiture:
13 (1) all substances which have been manufactured,
14 distributed, dispensed, or possessed in violation of this
15 Act;
16 (2) all raw materials, products and equipment of
17 any kind which are used, or intended for use in
18 manufacturing, distributing, dispensing, administering or
19 possessing any substance in violation of this Act;
20 (3) all conveyances, including aircraft, vehicles
21 or vessels, which are used, or intended for use, to
22 transport, or in any manner to facilitate the
23 transportation, sale, receipt, possession, or concealment
24 of property described in paragraphs (1) and (2), but:
25 (i) no conveyance used by any person as a
26 common carrier in the transaction of business as a
27 common carrier is subject to forfeiture under this
28 Section unless it appears that the owner or other
29 person in charge of the conveyance is a consenting
30 party or privy to a violation of this Act;
31 (ii) no conveyance is subject to forfeiture
32 under this Section by reason of any act or omission
33 which the owner proves to have been committed or
SB1425 Engrossed -41- LRB9009448RCcd
1 omitted without his knowledge or consent;
2 (iii) a forfeiture of a conveyance encumbered
3 by a bona fide security interest is subject to the
4 interest of the secured party if he neither had
5 knowledge of nor consented to the act or omission;
6 (4) all money, things of value, books, records, and
7 research products and materials including formulas,
8 microfilm, tapes, and data which are used, or intended to
9 be used in violation of this Act;
10 (5) everything of value furnished, or intended to
11 be furnished, in exchange for a substance in violation of
12 this Act, all proceeds traceable to such an exchange, and
13 all moneys, negotiable instruments, and securities used,
14 or intended to be used, to commit or in any manner to
15 facilitate any violation of this Act;
16 (6) all real property, including any right, title,
17 and interest (including, but not limited to, any
18 leasehold interest or the beneficial interest in a land
19 trust) in the whole of any lot or tract of land and any
20 appurtenances or improvements, which is used or intended
21 to be used, in any manner or part, to commit, or in any
22 manner to facilitate the commission of, any violation or
23 act that constitutes a violation of Section 401 or 405 of
24 this Act or that is the proceeds of any violation or act
25 that constitutes a violation of Section 401 or 405 of
26 this Act.
27 (b) Property subject to forfeiture under this Act may be
28 seized by the Director or any peace officer upon process or
29 seizure warrant issued by any court having jurisdiction over
30 the property. Seizure by the Director or any peace officer
31 without process may be made:
32 (1) if the seizure is incident to inspection under
33 an administrative inspection warrant;
34 (2) if the property subject to seizure has been the
SB1425 Engrossed -42- LRB9009448RCcd
1 subject of a prior judgment in favor of the State in a
2 criminal proceeding, or in an injunction or forfeiture
3 proceeding based upon this Act or the Drug Asset
4 Forfeiture Procedure Act;
5 (3) if there is probable cause to believe that the
6 property is directly or indirectly dangerous to health or
7 safety;
8 (4) if there is probable cause to believe that the
9 property is subject to forfeiture under this Act and the
10 property is seized under circumstances in which a
11 warrantless seizure or arrest would be reasonable; or
12 (5) in accordance with the Code of Criminal
13 Procedure of 1963.
14 (c) In the event of seizure pursuant to subsection (b),
15 forfeiture proceedings shall be instituted in accordance with
16 the Drug Asset Forfeiture Procedure Act.
17 (d) Property taken or detained under this Section shall
18 not be subject to replevin, but is deemed to be in the
19 custody of the Director subject only to the order and
20 judgments of the circuit court having jurisdiction over the
21 forfeiture proceedings and the decisions of the State's
22 Attorney under the Drug Asset Forfeiture Procedure Act. When
23 property is seized under this Act, the seizing agency shall
24 promptly conduct an inventory of the seized property and
25 estimate the property's value, and shall forward a copy of
26 the inventory of seized property and the estimate of the
27 property's value to the Director. Upon receiving notice of
28 seizure, the Director may:
29 (1) place the property under seal;
30 (2) remove the property to a place designated by
31 the Director;
32 (3) keep the property in the possession of the
33 seizing agency;
34 (4) remove the property to a storage area for
SB1425 Engrossed -43- LRB9009448RCcd
1 safekeeping or, if the property is a negotiable
2 instrument or money and is not needed for evidentiary
3 purposes, deposit it in an interest bearing account;
4 (5) place the property under constructive seizure
5 by posting notice of pending forfeiture on it, by giving
6 notice of pending forfeiture to its owners and interest
7 holders, or by filing notice of pending forfeiture in any
8 appropriate public record relating to the property; or
9 (6) provide for another agency or custodian,
10 including an owner, secured party, or lienholder, to take
11 custody of the property upon the terms and conditions set
12 by the Director.
13 (e) If the Department of Professional Regulation
14 suspends or revokes a registration, all controlled substances
15 owned or possessed by the registrant at the time of
16 suspension or the effective date of the revocation order may
17 be placed under seal. No disposition may be made of
18 substances under seal until the time for taking an appeal has
19 elapsed or until all appeals have been concluded unless a
20 court, upon application therefor, orders the sale of
21 perishable substances and the deposit of the proceeds of the
22 sale with the court. Upon a revocation rule becoming final,
23 all substances may be forfeited to the Department of
24 Professional Regulation.
25 (f) When property is forfeited under this Act the
26 Director shall sell all such property unless such property is
27 required by law to be destroyed or is harmful to the public,
28 and shall distribute the proceeds of the sale, together with
29 any moneys forfeited or seized, in accordance with subsection
30 (g). However, upon the application of the seizing agency or
31 prosecutor who was responsible for the investigation, arrest
32 or arrests and prosecution which lead to the forfeiture, the
33 Director may return any item of forfeited property to the
34 seizing agency or prosecutor for official use in the
SB1425 Engrossed -44- LRB9009448RCcd
1 enforcement of laws relating to cannabis or controlled
2 substances, if the agency or prosecutor can demonstrate that
3 the item requested would be useful to the agency or
4 prosecutor in their enforcement efforts. When any real
5 property returned to the seizing agency is sold by the agency
6 or its unit of government, the proceeds of the sale shall be
7 delivered to the Director and distributed in accordance with
8 subsection (g).
9 (g) All monies and the sale proceeds of all other
10 property forfeited and seized under this Act shall be
11 distributed as follows:
12 (1) 65% shall be distributed to the metropolitan
13 enforcement group, local, municipal, county, or state law
14 enforcement agency or agencies which conducted or
15 participated in the investigation resulting in the
16 forfeiture. The distribution shall bear a reasonable
17 relationship to the degree of direct participation of the
18 law enforcement agency in the effort resulting in the
19 forfeiture, taking into account the total value of the
20 property forfeited and the total law enforcement effort
21 with respect to the violation of the law upon which the
22 forfeiture is based. Amounts distributed to the agency or
23 agencies shall be used for the enforcement of laws
24 governing cannabis and controlled substances, except that
25 amounts distributed to the Secretary of State shall be
26 deposited into the Secretary of State Evidence Fund to be
27 used as provided in Section 2-115 of the Illinois Vehicle
28 Code.
29 (2)(i) 12.5% shall be distributed to the Office of
30 the State's Attorney of the county in which the
31 prosecution resulting in the forfeiture was instituted,
32 deposited in a special fund in the county treasury and
33 appropriated to the State's Attorney for use in the
34 enforcement of laws governing cannabis and controlled
SB1425 Engrossed -45- LRB9009448RCcd
1 substances. In counties over 3,000,000 population, 25%
2 will be distributed to the Office of the State's Attorney
3 for use in the enforcement of laws governing cannabis and
4 controlled substances. If the prosecution is undertaken
5 solely by the Attorney General, the portion provided
6 hereunder shall be distributed to the Attorney General
7 for use in the enforcement of laws governing cannabis and
8 controlled substances.
9 (ii) 12.5% shall be distributed to the Office of
10 the State's Attorneys Appellate Prosecutor and deposited
11 in the Narcotics Profit Forfeiture Fund of that office to
12 be used for additional expenses incurred in the
13 investigation, prosecution and appeal of cases arising
14 under laws governing cannabis and controlled substances.
15 The Office of the State's Attorneys Appellate Prosecutor
16 shall not receive distribution from cases brought in
17 counties with over 3,000,000 population.
18 (3) 10% shall be retained by the Department of
19 State Police for expenses related to the administration
20 and sale of seized and forfeited property.
21 (h) Species of plants from which controlled substances
22 in Schedules I and II may be derived which have been planted
23 or cultivated in violation of this Act, or of which the
24 owners or cultivators are unknown, or which are wild growths,
25 may be seized and summarily forfeited to the State. The
26 failure, upon demand by the Director or any peace officer, of
27 the person in occupancy or in control of land or premises
28 upon which the species of plants are growing or being stored,
29 to produce registration, or proof that he is the holder
30 thereof, constitutes authority for the seizure and forfeiture
31 of the plants.
32 (a) The following are subject to forfeiture:
33 (1) all substances which have been manufactured,
34 distributed, dispensed, or possessed in violation of this
SB1425 Engrossed -46- LRB9009448RCcd
1 Act;
2 (2) all raw materials, products and equipment of
3 any kind which are used, or intended for use in
4 manufacturing, distributing, dispensing, administering or
5 possessing any substance in violation of this Act;
6 (3) all conveyances, including aircraft, vehicles
7 or vessels, which are used, or intended for use, to
8 transport, or in any manner to facilitate the
9 transportation, sale, receipt, possession, or concealment
10 of property described in paragraphs (1) and (2), but:
11 (i) no conveyance used by any person as a
12 common carrier in the transaction of business as a
13 common carrier is subject to forfeiture under this
14 Section unless it appears that the owner or other
15 person in charge of the conveyance is a consenting
16 party or privy to a violation of this Act;
17 (ii) no conveyance is subject to forfeiture
18 under this Section by reason of any act or omission
19 which the owner proves to have been committed or
20 omitted without his knowledge or consent;
21 (iii) a forfeiture of a conveyance encumbered
22 by a bona fide security interest is subject to the
23 interest of the secured party if he neither had
24 knowledge of nor consented to the act or omission;
25 (4) all money, things of value, books, records, and
26 research products and materials including formulas,
27 microfilm, tapes, and data which are used, or intended to
28 be used in violation of this Act;
29 (5) everything of value furnished, or intended to
30 be furnished, in exchange for a substance in violation of
31 this Act, all proceeds traceable to such an exchange, and
32 all moneys, negotiable instruments, and securities used,
33 or intended to be used, to commit or in any manner to
34 facilitate any violation of this Act;
SB1425 Engrossed -47- LRB9009448RCcd
1 (6) all real property, including any right, title,
2 and interest (including, but not limited to, any
3 leasehold interest or the beneficial interest in a land
4 trust) in the whole of any lot or tract of land and any
5 appurtenances or improvements, which is used or intended
6 to be used, in any manner or part, to commit, or in any
7 manner to facilitate the commission of, any violation or
8 act that constitutes a violation of Section 401 or 405 of
9 this Act or that is the proceeds of any violation or act
10 that constitutes a violation of Section 401 or 405 of
11 this Act.
12 (b) Property subject to forfeiture under this Act may be
13 seized by the Director or any peace officer upon process or
14 seizure warrant issued by any court having jurisdiction over
15 the property. Seizure by the Director or any peace officer
16 without process may be made:
17 (1) if the seizure is incident to inspection under
18 an administrative inspection warrant;
19 (2) if the property subject to seizure has been the
20 subject of a prior judgment in favor of the State in a
21 criminal proceeding, or in an injunction or forfeiture
22 proceeding based upon this Act or the Drug Asset
23 Forfeiture Procedure Act;
24 (3) if there is probable cause to believe that the
25 property is directly or indirectly dangerous to health or
26 safety;
27 (4) if there is probable cause to believe that the
28 property is subject to forfeiture under this Act and the
29 property is seized under circumstances in which a
30 warrantless seizure or arrest would be reasonable; or
31 (5) in accordance with the Code of Criminal
32 Procedure of 1963.
33 (c) In the event of seizure pursuant to subsection (b),
34 forfeiture proceedings shall be instituted in accordance with
SB1425 Engrossed -48- LRB9009448RCcd
1 the Drug Asset Forfeiture Procedure Act.
2 (d) Property taken or detained under this Section shall
3 not be subject to replevin, but is deemed to be in the
4 custody of the Director subject only to the order and
5 judgments of the circuit court having jurisdiction over the
6 forfeiture proceedings and the decisions of the State's
7 Attorney under the Drug Asset Forfeiture Procedure Act. When
8 property is seized under this Act, the seizing agency shall
9 promptly conduct an inventory of the seized property and
10 estimate the property's value, and shall forward a copy of
11 the inventory of seized property and the estimate of the
12 property's value to the Director. Upon receiving notice of
13 seizure, the Director may:
14 (1) place the property under seal;
15 (2) remove the property to a place designated by
16 the Director;
17 (3) keep the property in the possession of the
18 seizing agency;
19 (4) remove the property to a storage area for
20 safekeeping or, if the property is a negotiable
21 instrument or money and is not needed for evidentiary
22 purposes, deposit it in an interest bearing account;
23 (5) place the property under constructive seizure
24 by posting notice of pending forfeiture on it, by giving
25 notice of pending forfeiture to its owners and interest
26 holders, or by filing notice of pending forfeiture in any
27 appropriate public record relating to the property; or
28 (6) provide for another agency or custodian,
29 including an owner, secured party, or lienholder, to take
30 custody of the property upon the terms and conditions set
31 by the Director.
32 (e) If the Department of Professional Regulation
33 suspends or revokes a registration, all controlled substances
34 owned or possessed by the registrant at the time of
SB1425 Engrossed -49- LRB9009448RCcd
1 suspension or the effective date of the revocation order may
2 be placed under seal. No disposition may be made of
3 substances under seal until the time for taking an appeal has
4 elapsed or until all appeals have been concluded unless a
5 court, upon application therefor, orders the sale of
6 perishable substances and the deposit of the proceeds of the
7 sale with the court. Upon a revocation rule becoming final,
8 all substances may be forfeited to the Department of
9 Professional Regulation.
10 (f) When property is forfeited under this Act the
11 Director shall sell all such property unless such property is
12 required by law to be destroyed or is harmful to the public,
13 and shall distribute the proceeds of the sale, together with
14 any moneys forfeited or seized, in accordance with subsection
15 (g). However, upon the application of the seizing agency or
16 prosecutor who was responsible for the investigation, arrest
17 or arrests and prosecution which lead to the forfeiture, the
18 Director may return any item of forfeited property to the
19 seizing agency or prosecutor for official use in the
20 enforcement of laws relating to cannabis or controlled
21 substances, if the agency or prosecutor can demonstrate that
22 the item requested would be useful to the agency or
23 prosecutor in their enforcement efforts. When any real
24 property returned to the seizing agency is sold by the agency
25 or its unit of government, the proceeds of the sale shall be
26 delivered to the Director and distributed in accordance with
27 subsection (g).
28 (g) All monies and the sale proceeds of all other
29 property forfeited and seized under this Act shall be
30 distributed as follows:
31 (1) 65% shall be distributed to the metropolitan
32 enforcement group, local, municipal, county, or state law
33 enforcement agency or agencies which conducted or
34 participated in the investigation resulting in the
SB1425 Engrossed -50- LRB9009448RCcd
1 forfeiture. The distribution shall bear a reasonable
2 relationship to the degree of direct participation of the
3 law enforcement agency in the effort resulting in the
4 forfeiture, taking into account the total value of the
5 property forfeited and the total law enforcement effort
6 with respect to the violation of the law upon which the
7 forfeiture is based. Amounts distributed to the agency or
8 agencies shall be used for the enforcement of laws
9 governing cannabis and controlled substances, except that
10 amounts distributed to the Secretary of State shall be
11 deposited into the Secretary of State Evidence Fund to be
12 used as provided in Section 2-115 of the Illinois Vehicle
13 Code.
14 (2)(i) 12.5% shall be distributed to the Office of
15 the State's Attorney of the county in which the
16 prosecution resulting in the forfeiture was instituted,
17 deposited in a special fund in the county treasury and
18 appropriated to the State's Attorney for use in the
19 enforcement of laws governing cannabis and controlled
20 substances. In counties over 3,000,000 population, 25%
21 will be distributed to the Office of the State's Attorney
22 for use in the enforcement of laws governing cannabis and
23 controlled substances. If the prosecution is undertaken
24 solely by the Attorney General, the portion provided
25 hereunder shall be distributed to the Attorney General
26 for use in the enforcement of laws governing cannabis and
27 controlled substances.
28 (ii) 12.5% shall be distributed to the Office of
29 the State's Attorneys Appellate Prosecutor and deposited
30 in the Narcotics Profit Forfeiture Fund of that office to
31 be used for additional expenses incurred in the
32 investigation, prosecution and appeal of cases arising
33 under laws governing cannabis and controlled substances.
34 The Office of the State's Attorneys Appellate Prosecutor
SB1425 Engrossed -51- LRB9009448RCcd
1 shall not receive distribution from cases brought in
2 counties with over 3,000,000 population.
3 (3) 10% shall be retained by the Department of
4 State Police for expenses related to the administration
5 and sale of seized and forfeited property.
6 (h) Species of plants from which controlled substances
7 in Schedules I and II may be derived which have been planted
8 or cultivated in violation of this Act, or of which the
9 owners or cultivators are unknown, or which are wild growths,
10 may be seized and summarily forfeited to the State. The
11 failure, upon demand by the Director or any peace officer, of
12 the person in occupancy or in control of land or premises
13 upon which the species of plants are growing or being stored,
14 to produce registration, or proof that he is the holder
15 thereof, constitutes authority for the seizure and forfeiture
16 of the plants.
17 (Source: P.A. 88-517; 89-404, eff. 8-20-95.)
18 Section 30. The Code of Criminal Procedure of 1963 is
19 amended by changing Section 107-4 as follows:
20 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
21 Sec. 107-4. Arrest by peace officer from other
22 jurisdiction.
23 (a) As used in this Section:
24 (1) "State" means any state of the United States
25 and the District of Columbia.
26 (2) "Peace Officer" means any peace officer or
27 member of any duly organized State, County, or Municipal
28 peace unit or police force of another state.
29 (3) "Fresh pursuit" means the immediate pursuit of
30 a person who is endeavoring to avoid arrest.
31 (4) "Law enforcement agency" means a municipal
32 police department or county sheriff's office of this
SB1425 Engrossed -52- LRB9009448RCcd
1 State.
2 (a-3) Any peace officer employed by a law enforcement
3 agency of this State may conduct temporary questioning
4 pursuant to Section 107-14 of this Code and may make arrests
5 in any jurisdiction within this State if: (1) the officer is
6 engaged in the investigation of an offense that occurred in
7 the officer's primary jurisdiction and the temporary
8 questioning is conducted or the arrest is made pursuant to
9 that investigation; or (2) the officer, while on duty as a
10 peace officer, becomes personally aware of the immediate
11 commission of a felony or misdemeanor violation of the laws
12 of this State. While acting pursuant to this subsection, an
13 officer has the same authority as within his or her own
14 jurisdiction.
15 (a-7) The law enforcement agency of the county or
16 municipality in which any arrest is made under this Section
17 shall be immediately notified of the arrest.
18 (b) Any peace officer of another state who enters this
19 State in fresh pursuit and continues within this State in
20 fresh pursuit of a person in order to arrest him on the
21 ground that he has committed an offense in the other state
22 has the same authority to arrest and hold the person in
23 custody as peace officers of this State have to arrest and
24 hold a person in custody on the ground that he has committed
25 an offense in this State.
26 (c) If an arrest is made in this State by a peace
27 officer of another state in accordance with the provisions of
28 this Section he shall without unnecessary delay take the
29 person arrested before the circuit court of the county in
30 which the arrest was made. Such court shall conduct a hearing
31 for the purpose of determining the lawfulness of the arrest.
32 If the court determines that the arrest was lawful it shall
33 commit the person arrested, to await for a reasonable time
34 the issuance of an extradition warrant by the Governor of
SB1425 Engrossed -53- LRB9009448RCcd
1 this State, or admit him to bail for such purpose. If the
2 court determines that the arrest was unlawful it shall
3 discharge the person arrested.
4 Arrest by peace officer from other jurisdiction.
5 (a) As used in this Section:
6 (1) "State" means any State of the United States
7 and the District of Columbia.
8 (2) "Peace Officer" means any peace officer or
9 member of any duly organized State, County, or Municipal
10 peace unit or police force of another State.
11 (3) "Fresh pursuit" means the immediate pursuit of
12 a person who is endeavoring to avoid arrest.
13 (4) "Law enforcement agency" means a municipal
14 police department or county sheriff's office of this
15 State.
16 (a-3) Any peace officer employed by a law enforcement
17 agency of this State may conduct temporary questioning
18 pursuant to Section 107-14 of this Code and may make arrests
19 in any jurisdiction within this State if: (1) the officer is
20 engaged in the investigation of an offense that occurred in
21 the officer's primary jurisdiction and the temporary
22 questioning is conducted or the arrest is made pursuant to
23 that investigation; or (2) the officer, while on duty as a
24 peace officer, becomes personally aware of the immediate
25 commission of a felony