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90_SB1756enr
720 ILCS 5/18-5
Amends the Criminal Code of 1961. Provides that
aggravated robbery includes indicating to the victim that the
offender is presently armed with a dangerous weapon,
including a knife, club, ax, or bludgeon (now only a
firearm).
LRB9011691RCpc
SB1756 Enrolled LRB9011691RCpc
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. Section 3-6021 of the Counties Code is
5 amended 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. Section 7-4-8 of the Illinois Municipal Code
20 is amended 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
SB1756 Enrolled -2- LRB9011691RCpc
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. Sections 3-2, 6-2, and 18-5 of the Criminal
8 Code of 1961 are amended 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
SB1756 Enrolled -3- LRB9011691RCpc
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
SB1756 Enrolled -4- LRB9011691RCpc
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.)
SB1756 Enrolled -5- LRB9011691RCpc
1 (720 ILCS 5/18-5)
2 Sec. 18-5. Aggravated robbery.
3 (a) A person commits aggravated robbery when he or she
4 takes property from the person or presence of another by the
5 use of force or by threatening the imminent use of force
6 while indicating verbally or by his or her actions to the
7 victim that he or she is presently armed with a firearm or
8 other dangerous weapon, including a knife, club, ax, or
9 bludgeon. This offense shall be applicable even though it is
10 later determined that he or she had no firearm or other
11 dangerous weapon, including a knife, club, ax, or bludgeon in
12 his or her possession when he or she committed the robbery.
13 (b) Sentence. Aggravated robbery is a Class 1 felony.
14 (Source: P.A. 88-144; 88-670, eff. 12-2-94.)
15 Section 20. Section 12 of the Cannabis Control Act is
16 amended as follows:
17 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
18 Sec. 12. (a) The following are subject to forfeiture:
19 (1) all substances containing cannabis which have
20 been produced, manufactured, delivered, or possessed in
21 violation of this Act;
22 (2) all raw materials, products and equipment of
23 any kind which are produced, delivered, or possessed in
24 connection with any substance containing cannabis in
25 violation of this Act;
26 (3) all conveyances, including aircraft, vehicles
27 or vessels, which are used, or intended for use, to
28 transport, or in any manner to facilitate the
29 transportation, sale, receipt, possession, or concealment
30 of property described in paragraph (1) or (2) that
31 constitutes a felony violation of the Act, but:
32 (i) no conveyance used by any person as a
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1 common carrier in the transaction of business as a
2 common carrier is subject to forfeiture under this
3 Section unless it appears that the owner or other
4 person in charge of the conveyance is a consenting
5 party or privy to a violation of this Act;
6 (ii) no conveyance is subject to forfeiture
7 under this Section by reason of any act or omission
8 which the owner proves to have been committed or
9 omitted without his knowledge or consent;
10 (iii) a forfeiture of a conveyance encumbered
11 by a bona fide security interest is subject to the
12 interest of the secured party if he neither had
13 knowledge of nor consented to the act or omission;
14 (4) all money, things of value, books, records, and
15 research products and materials including formulas,
16 microfilm, tapes, and data which are used, or intended
17 for use in a felony violation of this Act;
18 (5) everything of value furnished or intended to be
19 furnished by any person in exchange for a substance in
20 violation of this Act, all proceeds traceable to such an
21 exchange, and all moneys, negotiable instruments, and
22 securities used, or intended to be used, to commit or in
23 any manner to facilitate any felony violation of this
24 Act.
25 (b) Property subject to forfeiture under this Act may be
26 seized by the Director or any peace officer upon process or
27 seizure warrant issued by any court having jurisdiction over
28 the property. Seizure by the Director or any peace officer
29 without process may be made:
30 (1) if the property subject to seizure has been the
31 subject of a prior judgment in favor of the State in a
32 criminal proceeding or in an injunction or forfeiture
33 proceeding based upon this Act or the Drug Asset
34 Forfeiture Procedure Act;
SB1756 Enrolled -7- LRB9011691RCpc
1 (2) if there is probable cause to believe that the
2 property is directly or indirectly dangerous to health or
3 safety;
4 (3) if there is probable cause to believe that the
5 property is subject to forfeiture under this Act and the
6 property is seized under circumstances in which a
7 warrantless seizure or arrest would be reasonable; or
8 (4) in accordance with the Code of Criminal
9 Procedure of 1963.
10 (c) In the event of seizure pursuant to subsection (b),
11 forfeiture proceedings shall be instituted in accordance with
12 the Drug Asset Forfeiture Procedure Act.
13 (d) Property taken or detained under this Section shall
14 not be subject to replevin, but is deemed to be in the
15 custody of the Director subject only to the order and
16 judgments of the circuit court having jurisdiction over the
17 forfeiture proceedings and the decisions of the State's
18 Attorney under the Drug Asset Forfeiture Procedure Act. When
19 property is seized under this Act, the seizing agency shall
20 promptly conduct an inventory of the seized property,
21 estimate the property's value, and shall forward a copy of
22 the inventory of seized property and the estimate of the
23 property's value to the Director. Upon receiving notice of
24 seizure, the Director may:
25 (1) place the property under seal;
26 (2) remove the property to a place designated by
27 him;
28 (3) keep the property in the possession of the
29 seizing agency;
30 (4) remove the property to a storage area for
31 safekeeping or, if the property is a negotiable
32 instrument or money and is not needed for evidentiary
33 purposes, deposit it in an interest bearing account;
34 (5) place the property under constructive seizure
SB1756 Enrolled -8- LRB9011691RCpc
1 by posting notice of pending forfeiture on it, by giving
2 notice of pending forfeiture to its owners and interest
3 holders, or by filing notice of pending forfeiture in any
4 appropriate public record relating to the property; or
5 (6) provide for another agency or custodian,
6 including an owner, secured party, or lienholder, to take
7 custody of the property upon the terms and conditions set
8 by the Director.
9 (e) No disposition may be made of property under seal
10 until the time for taking an appeal has elapsed or until all
11 appeals have been concluded unless a court, upon application
12 therefor, orders the sale of perishable substances and the
13 deposit of the proceeds of the sale with the court.
14 (f) When property is forfeited under this Act the
15 Director shall sell all such property unless such property is
16 required by law to be destroyed or is harmful to the public,
17 and shall distribute the proceeds of the sale, together with
18 any moneys forfeited or seized, in accordance with subsection
19 (g). However, upon the application of the seizing agency or
20 prosecutor who was responsible for the investigation, arrest
21 or arrests and prosecution which lead to the forfeiture, the
22 Director may return any item of forfeited property to the
23 seizing agency or prosecutor for official use in the
24 enforcement of laws relating to cannabis or controlled
25 substances, if the agency or prosecutor can demonstrate that
26 the item requested would be useful to the agency or
27 prosecutor in their enforcement efforts. When any real
28 property returned to the seizing agency is sold by the agency
29 or its unit of government, the proceeds of the sale shall be
30 delivered to the Director and distributed in accordance with
31 subsection (g).
32 (g) All monies and the sale proceeds of all other
33 property forfeited and seized under this Act shall be
34 distributed as follows:
SB1756 Enrolled -9- LRB9011691RCpc
1 (1) 65% shall be distributed to the metropolitan
2 enforcement group, local, municipal, county, or state law
3 enforcement agency or agencies which conducted or
4 participated in the investigation resulting in the
5 forfeiture. The distribution shall bear a reasonable
6 relationship to the degree of direct participation of the
7 law enforcement agency in the effort resulting in the
8 forfeiture, taking into account the total value of the
9 property forfeited and the total law enforcement effort
10 with respect to the violation of the law upon which the
11 forfeiture is based. Amounts distributed to the agency
12 or agencies shall be used for the enforcement of laws
13 governing cannabis and controlled substances, except that
14 amounts distributed to the Secretary of State shall be
15 deposited into the Secretary of State Evidence Fund to be
16 used as provided in Section 2-115 of the Illinois Vehicle
17 Code.
18 (2)(i) 12.5% shall be distributed to the Office of
19 the State's Attorney of the county in which the
20 prosecution resulting in the forfeiture was
21 instituted, deposited in a special fund in the
22 county treasury and appropriated to the State's
23 Attorney for use in the enforcement of laws
24 governing cannabis and controlled substances. In
25 counties over 3,000,000 population, 25% will be
26 distributed to the Office of the State's Attorney
27 for use in the enforcement of laws governing
28 cannabis and controlled substances. If the
29 prosecution is undertaken solely by the Attorney
30 General, the portion provided hereunder shall be
31 distributed to the Attorney General for use in the
32 enforcement of laws governing cannabis and
33 controlled substances.
34 (ii) 12.5% shall be distributed to the Office
SB1756 Enrolled -10- LRB9011691RCpc
1 of the State's Attorneys Appellate Prosecutor and
2 deposited in the Narcotics Profit Forfeiture Fund of
3 that Office to be used for additional expenses
4 incurred in the investigation, prosecution and
5 appeal of cases arising under laws governing
6 cannabis and controlled substances. The Office of
7 the State's Attorneys Appellate Prosecutor shall not
8 receive distribution from cases brought in counties
9 with over 3,000,000 population.
10 (3) 10% shall be retained by the Department of
11 State Police for expenses related to the administration
12 and sale of seized and forfeited property.
13 (a) The following are subject to forfeiture:
14 (1) all substances containing cannabis which have
15 been produced, manufactured, delivered, or possessed in
16 violation of this Act;
17 (2) all raw materials, products and equipment of
18 any kind which are produced, delivered, or possessed in
19 connection with any substance containing cannabis in
20 violation of this Act;
21 (3) all conveyances, including aircraft, vehicles
22 or vessels, which are used, or intended for use, to
23 transport, or in any manner to facilitate the
24 transportation, sale, receipt, possession, or concealment
25 of property described in paragraph (1) or (2) that
26 constitutes a felony violation of the Act, but:
27 (i) no conveyance used by any person as a
28 common carrier in the transaction of business as a
29 common carrier is subject to forfeiture under this
30 Section unless it appears that the owner or other
31 person in charge of the conveyance is a consenting
32 party or privy to a violation of this Act;
33 (ii) no conveyance is subject to forfeiture
34 under this Section by reason of any act or omission
SB1756 Enrolled -11- LRB9011691RCpc
1 which the owner proves to have been committed or
2 omitted without his knowledge or consent;
3 (iii) a forfeiture of a conveyance encumbered
4 by a bona fide security interest is subject to the
5 interest of the secured party if he neither had
6 knowledge of nor consented to the act or omission;
7 (4) all money, things of value, books, records, and
8 research products and materials including formulas,
9 microfilm, tapes, and data which are used, or intended
10 for use in a felony violation of this Act;
11 (5) everything of value furnished or intended to be
12 furnished by any person in exchange for a substance in
13 violation of this Act, all proceeds traceable to such an
14 exchange, and all moneys, negotiable instruments, and
15 securities used, or intended to be used, to commit or in
16 any manner to facilitate any felony violation of this
17 Act.
18 (b) Property subject to forfeiture under this Act may be
19 seized by the Director or any peace officer upon process or
20 seizure warrant issued by any court having jurisdiction over
21 the property. Seizure by the Director or any peace officer
22 without process may be made:
23 (1) if the property subject to seizure has been the
24 subject of a prior judgment in favor of the State in a
25 criminal proceeding or in an injunction or forfeiture
26 proceeding based upon this Act or the Drug Asset
27 Forfeiture Procedure Act;
28 (2) if there is probable cause to believe that the
29 property is directly or indirectly dangerous to health or
30 safety;
31 (3) if there is probable cause to believe that the
32 property is subject to forfeiture under this Act and the
33 property is seized under circumstances in which a
34 warrantless seizure or arrest would be reasonable; or
SB1756 Enrolled -12- LRB9011691RCpc
1 (4) in accordance with the Code of Criminal
2 Procedure of 1963.
3 (c) In the event of seizure pursuant to subsection (b),
4 forfeiture proceedings shall be instituted in accordance with
5 the Drug Asset Forfeiture Procedure Act.
6 (d) Property taken or detained under this Section shall
7 not be subject to replevin, but is deemed to be in the
8 custody of the Director subject only to the order and
9 judgments of the circuit court having jurisdiction over the
10 forfeiture proceedings and the decisions of the State's
11 Attorney under the Drug Asset Forfeiture Procedure Act. When
12 property is seized under this Act, the seizing agency shall
13 promptly conduct an inventory of the seized property,
14 estimate the property's value, and shall forward a copy of
15 the inventory of seized property and the estimate of the
16 property's value to the Director. Upon receiving notice of
17 seizure, the Director may:
18 (1) place the property under seal;
19 (2) remove the property to a place designated by
20 him;
21 (3) keep the property in the possession of the
22 seizing agency;
23 (4) remove the property to a storage area for
24 safekeeping or, if the property is a negotiable
25 instrument or money and is not needed for evidentiary
26 purposes, deposit it in an interest bearing account;
27 (5) place the property under constructive seizure
28 by posting notice of pending forfeiture on it, by giving
29 notice of pending forfeiture to its owners and interest
30 holders, or by filing notice of pending forfeiture in any
31 appropriate public record relating to the property; or
32 (6) provide for another agency or custodian,
33 including an owner, secured party, or lienholder, to take
34 custody of the property upon the terms and conditions set
SB1756 Enrolled -13- LRB9011691RCpc
1 by the Director.
2 (e) No disposition may be made of property under seal
3 until the time for taking an appeal has elapsed or until all
4 appeals have been concluded unless a court, upon application
5 therefor, orders the sale of perishable substances and the
6 deposit of the proceeds of the sale with the court.
7 (f) When property is forfeited under this Act the
8 Director shall sell all such property unless such property is
9 required by law to be destroyed or is harmful to the public,
10 and shall distribute the proceeds of the sale, together with
11 any moneys forfeited or seized, in accordance with subsection
12 (g). However, upon the application of the seizing agency or
13 prosecutor who was responsible for the investigation, arrest
14 or arrests and prosecution which lead to the forfeiture, the
15 Director may return any item of forfeited property to the
16 seizing agency or prosecutor for official use in the
17 enforcement of laws relating to cannabis or controlled
18 substances, if the agency or prosecutor can demonstrate that
19 the item requested would be useful to the agency or
20 prosecutor in their enforcement efforts. When any real
21 property returned to the seizing agency is sold by the agency
22 or its unit of government, the proceeds of the sale shall be
23 delivered to the Director and distributed in accordance with
24 subsection (g).
25 (g) All monies and the sale proceeds of all other
26 property forfeited and seized under this Act shall be
27 distributed as follows:
28 (1) 65% shall be distributed to the metropolitan
29 enforcement group, local, municipal, county, or state law
30 enforcement agency or agencies which conducted or
31 participated in the investigation resulting in the
32 forfeiture. The distribution shall bear a reasonable
33 relationship to the degree of direct participation of the
34 law enforcement agency in the effort resulting in the
SB1756 Enrolled -14- LRB9011691RCpc
1 forfeiture, taking into account the total value of the
2 property forfeited and the total law enforcement effort
3 with respect to the violation of the law upon which the
4 forfeiture is based. Amounts distributed to the agency
5 or agencies shall be used for the enforcement of laws
6 governing cannabis and controlled substances, except that
7 amounts distributed to the Secretary of State shall be
8 deposited into the Secretary of State Evidence Fund to be
9 used as provided in Section 2-115 of the Illinois Vehicle
10 Code.
11 (2)(i) 12.5% shall be distributed to the Office of
12 the State's Attorney of the county in which the
13 prosecution resulting in the forfeiture was
14 instituted, deposited in a special fund in the
15 county treasury and appropriated to the State's
16 Attorney for use in the enforcement of laws
17 governing cannabis and controlled substances. In
18 counties over 3,000,000 population, 25% will be
19 distributed to the Office of the State's Attorney
20 for use in the enforcement of laws governing
21 cannabis and controlled substances. If the
22 prosecution is undertaken solely by the Attorney
23 General, the portion provided hereunder shall be
24 distributed to the Attorney General for use in the
25 enforcement of laws governing cannabis and
26 controlled substances.
27 (ii) 12.5% shall be distributed to the Office
28 of the State's Attorneys Appellate Prosecutor and
29 deposited in the Narcotics Profit Forfeiture Fund of
30 that Office to be used for additional expenses
31 incurred in the investigation, prosecution and
32 appeal of cases arising under laws governing
33 cannabis and controlled substances. The Office of
34 the State's Attorneys Appellate Prosecutor shall not
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1 receive distribution from cases brought in counties
2 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 (Source: P.A. 89-404, eff. 8-20-95.)
7 Section 25. Sections 100, 401, 402, 405.1, and 505 of
8 the Illinois Controlled Substances Act are amended as
9 follows:
10 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
11 Sec. 100. Legislative intent. It is the intent of the
12 General Assembly, recognizing the rising incidence in the
13 abuse of drugs and other dangerous substances and its
14 resultant damage to the peace, health, and welfare of the
15 citizens of Illinois, to provide a system of control over the
16 distribution and use of controlled substances which will more
17 effectively: (1) limit access of such substances only to
18 those persons who have demonstrated an appropriate sense of
19 responsibility and have a lawful and legitimate reason to
20 possess them; (2) deter the unlawful and destructive abuse of
21 controlled substances; (3) penalize most heavily the illicit
22 traffickers or profiteers of controlled substances, who
23 propagate and perpetuate the abuse of such substances with
24 reckless disregard for its consumptive consequences upon
25 every element of society; (4) acknowledge the functional and
26 consequential differences between the various types of
27 controlled substances and provide for correspondingly
28 different degrees of control over each of the various types;
29 (5) unify where feasible and codify the efforts of this State
30 to conform with the regulatory systems of the Federal
31 government and other states to establish national
32 coordination of efforts to control the abuse of controlled
SB1756 Enrolled -16- LRB9011691RCpc
1 substances; and (6) provide law enforcement authorities with
2 the necessary resources to make this system efficacious.
3 It is not the intent of the General Assembly to treat the
4 unlawful user or occasional petty distributor of controlled
5 substances with the same severity as the large-scale,
6 unlawful purveyors and traffickers of controlled substances.
7 However, it is recognized that persons who violate this Act
8 with respect to the manufacture, delivery, possession with
9 intent to deliver, or possession of more than one type of
10 controlled substance listed herein may accordingly receive
11 multiple convictions and sentences under each Section of this
12 Act. To this end, guidelines have been provided, along with a
13 wide latitude in sentencing discretion, to enable the
14 sentencing court to order penalties in each case which are
15 appropriate for the purposes of this Act.
16 Legislative intent. It is the intent of the General
17 Assembly, recognizing the rising incidence in the abuse of
18 drugs and other dangerous substances and its resultant damage
19 to the peace, health, and welfare of the citizens of
20 Illinois, to provide a system of control over the
21 distribution and use of controlled substances which will more
22 effectively: (1) limit access of such substances only to
23 those persons who have demonstrated an appropriate sense of
24 responsibility and have a lawful and legitimate reason to
25 possess them; (2) deter the unlawful and destructive abuse of
26 controlled substances; (3) penalize most heavily the illicit
27 traffickers or profiteers of controlled substances, who
28 propagate and perpetuate the abuse of such substances with
29 reckless disregard for its consumptive consequences upon
30 every element of society; (4) acknowledge the functional and
31 consequential differences between the various types of
32 controlled substances and provide for correspondingly
33 different degrees of control over each of the various types;
34 (5) unify where feasible and codify the efforts of this state
SB1756 Enrolled -17- LRB9011691RCpc
1 to conform with the regulatory systems of the Federal
2 government and other states to establish national
3 coordination of efforts to control the abuse of controlled
4 substances; and (6) provide law enforcement authorities with
5 the necessary resources to make this system efficacious.
6 It is not the intent of the General Assembly to treat the
7 unlawful user or occasional petty distributor of controlled
8 substances with the same severity as the large-scale,
9 unlawful purveyors and traffickers of controlled substances.
10 However, it is recognized that persons who violate this Act
11 with respect to the manufacture, delivery, possession with
12 intent to deliver, or possession of more than one type of
13 controlled substance listed herein may accordingly receive
14 multiple convictions and sentences under each Section of this
15 Act. To this end, guidelines have been provided, along with a
16 wide latitude in sentencing discretion, to enable the
17 sentencing court to order penalties in each case which are
18 appropriate for the purposes of this Act.
19 (Source: P.A. 89-404, eff. 8-20-95.)
20 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
21 Sec. 401. Except as authorized by this Act, it is
22 unlawful for any person knowingly to manufacture or deliver,
23 or possess with intent to manufacture or deliver, a
24 controlled or counterfeit substance or controlled substance
25 analog. A violation of this Act with respect to each of the
26 controlled substances listed herein constitutes a single and
27 separate violation of this Act. For purposes of this
28 Section, "controlled substance analog" or "analog" means a
29 substance which is intended for human consumption, other than
30 a controlled substance, that has a chemical structure
31 substantially similar to that of a controlled substance in
32 Schedule I or II, or that was specifically designed to
33 produce an effect substantially similar to that of a
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1 controlled substance in Schedule I or II. Examples of
2 chemical classes in which controlled substance analogs are
3 found include, but are not limited to, the following:
4 phenethylamines, N-substituted piperidines, morphinans,
5 ecgonines, quinazolinones, substituted indoles, and
6 arylcycloalkylamines. For purposes of this Act, a controlled
7 substance analog shall be treated in the same manner as the
8 controlled substance to which it is substantially similar.
9 (a) Any person who violates this Section with respect to
10 the following amounts of controlled or counterfeit substances
11 or controlled substance analogs, notwithstanding any of the
12 provisions of subsections (c), (d), (e), (f), (g) or (h) to
13 the contrary, is guilty of a Class X felony and shall be
14 sentenced to a term of imprisonment as provided in this
15 subsection (a) and fined as provided in subsection (b):
16 (1) (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 heroin, 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 heroin, 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 heroin, 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 heroin, or an analog thereof;
31 (2) (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 cocaine, or an
34 analog thereof;
SB1756 Enrolled -19- LRB9011691RCpc
1 (B) not less than 9 years and not more than 40
2 years with respect to 100 grams or more but less
3 than 400 grams of a substance containing cocaine, or
4 an analog thereof;
5 (C) not less than 12 years and not more than
6 50 years with respect to 400 grams or more but less
7 than 900 grams of a substance containing cocaine, or
8 an analog thereof;
9 (D) not less than 15 years and not more than
10 60 years with respect to 900 grams or more of any
11 substance containing cocaine, or an analog thereof;
12 (3) (A) not less than 6 years and not more than 30
13 years with respect to 15 grams or more but less than
14 100 grams of a substance containing morphine, or an
15 analog thereof;
16 (B) not less than 9 years and not more than 40
17 years with respect to 100 grams or more but less
18 than 400 grams of a substance containing morphine,
19 or an analog thereof;
20 (C) not less than 12 years and not more than
21 50 years with respect to 400 grams or more but less
22 than 900 grams of a substance containing morphine,
23 or an analog thereof;
24 (D) not less than 15 years and not more than
25 60 years with respect to 900 grams or more of a
26 substance containing morphine, or an analog thereof;
27 (4) 200 grams or more of any substance containing
28 peyote, or an analog thereof;
29 (5) 200 grams or more of any substance containing a
30 derivative of barbituric acid or any of the salts of a
31 derivative of barbituric acid, or an analog thereof;
32 (6) 200 grams or more of any substance containing
33 amphetamine or methamphetamine or any salt of an optical
34 isomer of amphetamine or methamphetamine, or an analog
SB1756 Enrolled -20- LRB9011691RCpc
1 thereof;
2 (7) (A) not less than 6 years and not more than 30
3 years with respect to: (i) 15 grams or more but less
4 than 100 grams of a substance containing lysergic
5 acid diethylamide (LSD), or an analog thereof, or
6 (ii) 15 or more objects or 15 or more segregated
7 parts of an object or objects but less than 200
8 objects or 200 segregated parts of an object or
9 objects containing in them or having upon them any
10 amounts of any substance containing lysergic acid
11 diethylamide (LSD), or an analog thereof;
12 (B) not less than 9 years and not more than 40
13 years with respect to: (i) 100 grams or more but
14 less than 400 grams of a substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 200 or more objects or 200 or more
17 segregated parts of an object or objects but less
18 than 600 objects or less than 600 segregated parts
19 of an object or objects containing in them or having
20 upon them any amount of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof;
23 (C) not less than 12 years and not more than
24 50 years with respect to: (i) 400 grams or more but
25 less than 900 grams of a substance containing
26 lysergic acid diethylamide (LSD), or an analog
27 thereof, or (ii) 600 or more objects or 600 or more
28 segregated parts of an object or objects but less
29 than 1500 objects or 1500 segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of any substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (D) not less than 15 years and not more than
34 60 years with respect to: (i) 900 grams or more of
SB1756 Enrolled -21- LRB9011691RCpc
1 any substance containing lysergic acid diethylamide
2 (LSD), or an analog thereof, or (ii) 1500 or more
3 objects or 1500 or more segregated parts of an
4 object or objects containing in them or having upon
5 them any amount of a substance containing lysergic
6 acid diethylamide (LSD), or an analog thereof;
7 (8) 30 grams or more of any substance containing
8 pentazocine or any of the salts, isomers and salts of
9 isomers of pentazocine, or an analog thereof;
10 (9) 30 grams or more of any substance containing
11 methaqualone or any of the salts, isomers and salts of
12 isomers of methaqualone, or an analog thereof;
13 (10) 30 grams or more of any substance
14 containing phencyclidine or any of the salts, isomers
15 and salts of isomers of phencyclidine (PCP), or an
16 analog thereof;
17 (10.5) 30 grams or more of any substance containing
18 ketamine or any of the salts, isomers and salts of
19 isomers of ketamine, or an analog thereof;
20 (11) 200 grams or more of any substance containing
21 any other controlled substance classified in Schedules I
22 or II, or an analog thereof, which is not otherwise
23 included in this subsection.
24 (b) Any person sentenced with respect to violations of
25 paragraph (1), (2), (3) or (7) of subsection (a) involving
26 100 grams or more of the controlled substance named therein,
27 may in addition to the penalties provided therein, be fined
28 an amount not more than $500,000 or the full street value of
29 the controlled or counterfeit substance or controlled
30 substance analog, whichever is greater. The term "street
31 value" shall have the meaning ascribed in Section 110-5 of
32 the Code of Criminal Procedure of 1963. Any person sentenced
33 with respect to any other provision of subsection (a), may in
34 addition to the penalties provided therein, be fined an
SB1756 Enrolled -22- LRB9011691RCpc
1 amount not to exceed $500,000.
2 (c) Any person who violates this Section with regard to
3 the following amounts of controlled or counterfeit substances
4 or controlled substance analogs, notwithstanding any of the
5 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
6 to the contrary, is guilty of a Class 1 felony. The fine for
7 violation of this subsection (c) shall not be more than
8 $250,000:
9 (1) 10 or more grams but less than 15 grams of any
10 substance containing heroin, or an analog thereof;
11 (2) 1 gram or more but less than 15 grams of any
12 substance containing cocaine, or an analog thereof;
13 (3) 10 grams or more but less than 15 grams of any
14 substance containing morphine, or an analog thereof;
15 (4) 50 grams or more but less than 200 grams of any
16 substance containing peyote, or an analog thereof;
17 (5) 50 grams or more but less than 200 grams of any
18 substance containing a derivative of barbituric acid or
19 any of the salts of a derivative of barbituric acid, or
20 an analog thereof;
21 (6) 50 grams or more but less than 200 grams of any
22 substance containing amphetamine or methamphetamine or
23 any salt of an optical isomer of amphetamine or
24 methamphetamine, or an analog thereof;
25 (7) (i) 5 grams or more but less than 15 grams of
26 any substance containing lysergic acid diethylamide
27 (LSD), or an analog thereof, or (ii) more than 10 objects
28 or more than 10 segregated parts of an object or objects
29 but less than 15 objects or less than 15 segregated parts
30 of an object containing in them or having upon them any
31 amount of any substance containing lysergic acid
32 diethylamide (LSD), or an analog thereof;
33 (8) 10 grams or more but less than 30 grams of any
34 substance containing pentazocine or any of the salts,
SB1756 Enrolled -23- LRB9011691RCpc
1 isomers and salts of isomers of pentazocine, or an analog
2 thereof;
3 (9) 10 grams or more but less than 30 grams of any
4 substance containing methaqualone or any of the salts,
5 isomers and salts of isomers of methaqualone, or an
6 analog thereof;
7 (10) 10 grams or more but less than 30 grams of any
8 substance containing phencyclidine or any of the salts,
9 isomers and salts of isomers of phencyclidine (PCP), or
10 an analog thereof;
11 (10.5) 10 grams or more but less than 30 grams of
12 any substance containing ketamine or any of the salts,
13 isomers and salts of isomers of ketamine, or an analog
14 thereof;
15 (11) 50 grams or more but less than 200 grams of
16 any substance containing a substance classified in
17 Schedules I or II, or an analog thereof, which is not
18 otherwise included in this subsection.
19 (d) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedules I or II, or an analog thereof, which
22 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
23 (LSD) or an analog thereof, is guilty of a Class 2 felony.
24 The fine for violation of this subsection (d) shall not be
25 more than $200,000.
26 (e) Any person who violates this Section with regard to
27 any other amount of a controlled or counterfeit substance
28 classified in Schedule I or II, or an analog thereof, which
29 substance is not included under subsection (d) of this
30 Section, is guilty of a Class 3 felony. The fine for
31 violation of this subsection (e) shall not be more than
32 $150,000.
33 (f) Any person who violates this Section with regard to
34 any other amount of a controlled or counterfeit substance
SB1756 Enrolled -24- LRB9011691RCpc
1 classified in Schedule III is guilty of a Class 3 felony. The
2 fine for violation of this subsection (f) shall not be more
3 than $125,000.
4 (g) Any person who violates this Section with regard to
5 any other amount of a controlled or counterfeit substance
6 classified in Schedule IV is guilty of a Class 3 felony. The
7 fine for violation of this subsection (g) shall not be more
8 than $100,000.
9 (h) Any person who violates this Section with regard to
10 any other amount of a controlled or counterfeit substance
11 classified in Schedule V is guilty of a Class 3 felony. The
12 fine for violation of this subsection (h) shall not be more
13 than $75,000.
14 (i) This Section does not apply to the manufacture,
15 possession or distribution of a substance in conformance with
16 the provisions of an approved new drug application or an
17 exemption for investigational use within the meaning of
18 Section 505 of the Federal Food, Drug and Cosmetic Act.
19 Except as authorized by this Act, it is unlawful for any
20 person knowingly to manufacture or deliver, or possess with
21 intent to manufacture or deliver, a controlled or counterfeit
22 substance or controlled substance analog. A violation of
23 this Act with respect to each of the controlled substances
24 listed herein constitutes a single and separate violation of
25 this Act. For purposes of this Section, "controlled
26 substance analog" or "analog" means a substance which is
27 intended for human consumption, other than a controlled
28 substance, that has a chemical structure substantially
29 similar to that of a controlled substance in Schedule I or
30 II, or that was specifically designed to produce an effect
31 substantially similar to that of a controlled substance in
32 Schedule I or II. Examples of chemical classes in which
33 controlled substance analogs are found include, but are not
34 limited to, the following: phenethylamines, N-substituted
SB1756 Enrolled -25- LRB9011691RCpc
1 piperidines, morphinans, ecgonines, quinazolinones,
2 substituted indoles, and arylcycloalkylamines. For purposes
3 of this Act, a controlled substance analog shall be treated
4 in the same manner as the controlled substance to which it is
5 substantially similar.
6 (a) Any person who violates this Section with respect to
7 the following amounts of controlled or counterfeit substances
8 or controlled substance analogs, notwithstanding any of the
9 provisions of subsections (c), (d), (e), (f), (g) or (h) to
10 the contrary, is guilty of a Class X felony and shall be
11 sentenced to a term of imprisonment as provided in this
12 subsection (a) and fined as provided in subsection (b):
13 (1) (A) not less than 6 years and not more than 30
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing heroin, or an
16 analog thereof;
17 (B) not less than 9 years and not more than 40
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin, or
20 an analog thereof;
21 (C) not less than 12 years and not more than
22 50 years with respect to 400 grams or more but less
23 than 900 grams of a substance containing heroin, or
24 an analog thereof;
25 (D) not less than 15 years and not more than
26 60 years with respect to 900 grams or more of any
27 substance containing heroin, or an analog thereof;
28 (2) (A) not less than 6 years and not more than 30
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing cocaine, or an
31 analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to 100 grams or more but less
34 than 400 grams of a substance containing cocaine, or
SB1756 Enrolled -26- LRB9011691RCpc
1 an analog thereof;
2 (C) not less than 12 years and not more than
3 50 years with respect to 400 grams or more but less
4 than 900 grams of a substance containing cocaine, or
5 an analog thereof;
6 (D) not less than 15 years and not more than
7 60 years with respect to 900 grams or more of any
8 substance containing cocaine, or an analog thereof;
9 (3) (A) not less than 6 years and not more than 30
10 years with respect to 15 grams or more but less than
11 100 grams of a substance containing morphine, or an
12 analog thereof;
13 (B) not less than 9 years and not more than 40
14 years with respect to 100 grams or more but less
15 than 400 grams of a substance containing morphine,
16 or an analog thereof;
17 (C) not less than 12 years and not more than
18 50 years with respect to 400 grams or more but less
19 than 900 grams of a substance containing morphine,
20 or an analog thereof;
21 (D) not less than 15 years and not more than
22 60 years with respect to 900 grams or more of a
23 substance containing morphine, or an analog thereof;
24 (4) 200 grams or more of any substance containing
25 peyote, or an analog thereof;
26 (5) 200 grams or more of any substance containing a
27 derivative of barbituric acid or any of the salts of a
28 derivative of barbituric acid, or an analog thereof;
29 (6) 200 grams or more of any substance containing
30 amphetamine or methamphetamine or any salt of an optical
31 isomer of amphetamine or methamphetamine, or an analog
32 thereof;
33 (7) (A) not less than 6 years and not more than 30
34 years with respect to: (i) 15 grams or more but less
SB1756 Enrolled -27- LRB9011691RCpc
1 than 100 grams of a substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof, or
3 (ii) 15 or more objects or 15 or more segregated
4 parts of an object or objects but less than 200
5 objects or 200 segregated parts of an object or
6 objects containing in them or having upon them any
7 amounts of any substance containing lysergic acid
8 diethylamide (LSD), or an analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to: (i) 100 grams or more but
11 less than 400 grams of a substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 200 or more objects or 200 or more
14 segregated parts of an object or objects but less
15 than 600 objects or less than 600 segregated parts
16 of an object or objects containing in them or having
17 upon them any amount of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof;
20 (C) not less than 12 years and not more than
21 50 years with respect to: (i) 400 grams or more but
22 less than 900 grams of a substance containing
23 lysergic acid diethylamide (LSD), or an analog
24 thereof, or (ii) 600 or more objects or 600 or more
25 segregated parts of an object or objects but less
26 than 1500 objects or 1500 segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of any substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (D) not less than 15 years and not more than
31 60 years with respect to: (i) 900 grams or more of
32 any substance containing lysergic acid diethylamide
33 (LSD), or an analog thereof, or (ii) 1500 or more
34 objects or 1500 or more segregated parts of an
SB1756 Enrolled -28- LRB9011691RCpc
1 object or objects containing in them or having upon
2 them any amount of a substance containing lysergic
3 acid diethylamide (LSD), or an analog thereof;
4 (8) 30 grams or more of any substance containing
5 pentazocine or any of the salts, isomers and salts of
6 isomers of pentazocine, or an analog thereof;
7 (9) 30 grams or more of any substance containing
8 methaqualone or any of the salts, isomers and salts of
9 isomers of methaqualone, or an analog thereof;
10 (10) 30 grams or more of any substance
11 containing phencyclidine or any of the salts, isomers
12 and salts of isomers of phencyclidine (PCP), or an
13 analog thereof;
14 (10.5) 30 grams or more of any substance containing
15 ketamine or any of the salts, isomers and salts of
16 isomers of ketamine, or an analog thereof;
17 (11) 200 grams or more of any substance containing
18 any other controlled substance classified in Schedules I
19 or II, or an analog thereof, which is not otherwise
20 included in this subsection.
21 (b) Any person sentenced with respect to violations of
22 paragraph (1), (2), (3) or (7) of subsection (a) involving
23 100 grams or more of the controlled substance named therein,
24 may in addition to the penalties provided therein, be fined
25 an amount not more than $500,000 or the full street value of
26 the controlled or counterfeit substance or controlled
27 substance analog, whichever is greater. The term "street
28 value" shall have the meaning ascribed in Section 110-5 of
29 the Code of Criminal Procedure of 1963. Any person sentenced
30 with respect to any other provision of subsection (a), may in
31 addition to the penalties provided therein, be fined an
32 amount not to exceed $500,000.
33 (c) Any person who violates this Section with regard to
34 the following amounts of controlled or counterfeit substances
SB1756 Enrolled -29- LRB9011691RCpc
1 or controlled substance analogs, notwithstanding any of the
2 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
3 to the contrary, is guilty of a Class 1 felony. The fine for
4 violation of this subsection (c) shall not be more than
5 $250,000:
6 (1) 10 or more grams but less than 15 grams of any
7 substance containing heroin, or an analog thereof;
8 (2) 1 gram or more but less than 15 grams of any
9 substance containing cocaine, or an analog thereof;
10 (3) 10 grams or more but less than 15 grams of any
11 substance containing morphine, or an analog thereof;
12 (4) 50 grams or more but less than 200 grams of any
13 substance containing peyote, or an analog thereof;
14 (5) 50 grams or more but less than 200 grams of any
15 substance containing a derivative of barbituric acid or
16 any of the salts of a derivative of barbituric acid, or
17 an analog thereof;
18 (6) 50 grams or more but less than 200 grams of any
19 substance containing amphetamine or methamphetamine or
20 any salt of an optical isomer of amphetamine or
21 methamphetamine, or an analog thereof;
22 (7) (i) 5 grams or more but less than 15 grams of
23 any substance containing lysergic acid diethylamide
24 (LSD), or an analog thereof, or (ii) more than 10 objects
25 or more than 10 segregated parts of an object or objects
26 but less than 15 objects or less than 15 segregated parts
27 of an object containing in them or having upon them any
28 amount of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (8) 10 grams or more but less than 30 grams of any
31 substance containing pentazocine or any of the salts,
32 isomers and salts of isomers of pentazocine, or an analog
33 thereof;
34 (9) 10 grams or more but less than 30 grams of any
SB1756 Enrolled -30- LRB9011691RCpc
1 substance containing methaqualone or any of the salts,
2 isomers and salts of isomers of methaqualone, or an
3 analog thereof;
4 (10) 10 grams or more but less than 30 grams of any
5 substance containing phencyclidine or any of the salts,
6 isomers and salts of isomers of phencyclidine (PCP), or
7 an analog thereof;
8 (10.5) 10 grams or more but less than 30 grams of
9 any substance containing ketamine or any of the salts,
10 isomers and salts of isomers of ketamine, or an analog
11 thereof;
12 (11) 50 grams or more but less than 200 grams of
13 any substance containing a substance classified in
14 Schedules I or II, or an analog thereof, which is not
15 otherwise included in this subsection.
16 (d) Any person who violates this Section with regard to
17 any other amount of a controlled or counterfeit substance
18 classified in Schedules I or II, or an analog thereof, which
19 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
20 (LSD) or an analog thereof, is guilty of a Class 2 felony.
21 The fine for violation of this subsection (d) shall not be
22 more than $200,000.
23 (e) Any person who violates this Section with regard to
24 any other amount of a controlled or counterfeit substance
25 classified in Schedule I or II, or an analog thereof, which
26 substance is not included under subsection (d) of this
27 Section, is guilty of a Class 3 felony. The fine for
28 violation of this subsection (e) shall not be more than
29 $150,000.
30 (f) Any person who violates this Section with regard to
31 any other amount of a controlled or counterfeit substance
32 classified in Schedule III is guilty of a Class 3 felony. The
33 fine for violation of this subsection (f) shall not be more
34 than $125,000.
SB1756 Enrolled -31- LRB9011691RCpc
1 (g) Any person who violates this Section with regard to
2 any other amount of a controlled or counterfeit substance
3 classified in Schedule IV is guilty of a Class 3 felony. The
4 fine for violation of this subsection (g) shall not be more
5 than $100,000.
6 (h) Any person who violates this Section with regard to
7 any other amount of a controlled or counterfeit substance
8 classified in Schedule V is guilty of a Class 3 felony. The
9 fine for violation of this subsection (h) shall not be more
10 than $75,000.
11 (i) This Section does not apply to the manufacture,
12 possession or distribution of a substance in conformance with
13 the provisions of an approved new drug application or an
14 exemption for investigational use within the meaning of
15 Section 505 of the Federal Food, Drug and Cosmetic Act.
16 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
17 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
18 Sec. 402. Except as otherwise authorized by this Act, it
19 is unlawful for any person knowingly to possess a controlled
20 or counterfeit substance. A violation of this Act with
21 respect to each of the controlled substances listed herein
22 constitutes a single and separate violation of this Act.
23 (a) Any person who violates this Section with respect to
24 the following controlled or counterfeit substances and
25 amounts, notwithstanding any of the provisions of subsection
26 (c) and (d) to the contrary, is guilty of a Class 1 felony
27 and shall, if sentenced to a term of imprisonment, be
28 sentenced as provided in this subsection (a) and fined as
29 provided in subsection (b):
30 (1) (A) not less than 4 years and not more than 15
31 years with respect to 15 grams or more but less than
32 100 grams of a substance containing heroin;
33 (B) not less than 6 years and not more than 30
SB1756 Enrolled -32- LRB9011691RCpc
1 years with respect to 100 grams or more but less
2 than 400 grams of a substance containing heroin;
3 (C) not less than 8 years and not more than 40
4 years with respect to 400 grams or more but less
5 than 900 grams of any substance containing heroin;
6 (D) not less than 10 years and not more than
7 50 years with respect to 900 grams or more of any
8 substance containing heroin;
9 (2) (A) not less than 4 years and not more than 15
10 years with respect to 15 grams or more but less than
11 100 grams of any substance containing cocaine;
12 (B) not less than 6 years and not more than 30
13 years with respect to 100 grams or more but less
14 than 400 grams of any substance containing cocaine;
15 (C) not less than 8 years and not more than 40
16 years with respect to 400 grams or more but less
17 than 900 grams of any substance containing cocaine;
18 (D) not less than 10 years and not more than
19 50 years with respect to 900 grams or more of any
20 substance containing cocaine;
21 (3) (A) not less than 4 years and not more than 15
22 years with respect to 15 grams or more but less than
23 100 grams of any substance containing morphine;
24 (B) not less than 6 years and not more than 30
25 years with respect to 100 grams or more but less
26 than 400 grams of any substance containing morphine;
27 (C) not less than 8 years and not more than 40
28 years with respect to 400 grams or more but less
29 than 900 grams of any substance containing morphine;
30 (D) not less than 10 years and not more than
31 50 years with respect to 900 grams or more of any
32 substance containing morphine;
33 (4) 200 grams or more of any substance containing
SB1756 Enrolled -33- LRB9011691RCpc
1 peyote;
2 (5) 200 grams or more of any substance containing a
3 derivative of barbituric acid or any of the salts of a
4 derivative of barbituric acid;
5 (6) 200 grams or more of any substance containing
6 amphetamine or methamphetamine or any salt of an optical
7 isomer of amphetamine or methamphetamine;
8 (7) (A) not less than 4 years and not more than 15
9 years with respect to: (i) 15 grams or more but less
10 than 100 grams of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof, or
12 (ii) 15 or more objects or 15 or more segregated
13 parts of an object or objects but less than 200
14 objects or 200 segregated parts of an object or
15 objects containing in them or having upon them any
16 amount of any substance containing lysergic acid
17 diethylamide (LSD), or an analog thereof;
18 (B) not less than 6 years and not more than 30
19 years with respect to: (i) 100 grams or more but
20 less than 400 grams of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof, or (ii) 200 or more objects or 200 or more
23 segregated parts of an object or objects but less
24 than 600 objects or less than 600 segregated parts
25 of an object or objects containing in them or having
26 upon them any amount of any substance containing
27 lysergic acid diethylamide (LSD), or an analog
28 thereof;
29 (C) not less than 8 years and not more than 40
30 years with respect to: (i) 400 grams or more but
31 less than 900 grams of any substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof, or (ii) 600 or more objects or 600 or more
34 segregated parts of an object or objects but less
SB1756 Enrolled -34- LRB9011691RCpc
1 than 1500 objects or 1500 segregated parts of an
2 object or objects containing in them or having upon
3 them any amount of any substance containing lysergic
4 acid diethylamide (LSD), or an analog thereof;
5 (D) not less than 10 years and not more than
6 50 years with respect to: (i) 900 grams or more of
7 any substance containing lysergic acid diethylamide
8 (LSD), or an analog thereof, or (ii) 1500 or more
9 objects or 1500 or more segregated parts of an
10 object or objects containing in them or having upon
11 them any amount of a substance containing lysergic
12 acid diethylamide (LSD), or an analog thereof;
13 (8) 30 grams or more of any substance containing
14 pentazocine or any of the salts, isomers and salts of
15 isomers of pentazocine, or an analog thereof;
16 (9) 30 grams or more of any substance containing
17 methaqualone or any of the salts, isomers and salts of
18 isomers of methaqualone;
19 (10) 30 grams or more of any substance containing
20 phencyclidine or any of the salts, isomers and salts of
21 isomers of phencyclidine (PCP);
22 (10.5) 30 grams or more of any substance containing
23 ketamine or any of the salts, isomers and salts of
24 isomers of ketamine;
25 (11) 200 grams or more of any substance containing
26 any substance classified as a narcotic drug in Schedules
27 I or II which is not otherwise included in this
28 subsection.
29 (b) Any person sentenced with respect to violations of
30 paragraph (1), (2), (3) or (7) of subsection (a) involving
31 100 grams or more of the controlled substance named therein,
32 may in addition to the penalties provided therein, be fined
33 an amount not to exceed $200,000 or the full street value of
34 the controlled or counterfeit substances, whichever is
SB1756 Enrolled -35- LRB9011691RCpc
1 greater. The term "street value" shall have the meaning
2 ascribed in Section 110-5 of the Code of Criminal Procedure
3 of 1963. Any person sentenced with respect to any other
4 provision of subsection (a), may in addition to the penalties
5 provided therein, be fined an amount not to exceed $200,000.
6 (c) Any person who violates this Section with regard to
7 an amount of a controlled or counterfeit substance not set
8 forth in subsection (a) or (d) is guilty of a Class 4 felony.
9 The fine for a violation punishable under this subsection (c)
10 shall not be more than $25,000.
11 (d) Any person who violates this Section with regard to
12 any amount of anabolic steroid is guilty of a Class C
13 misdemeanor for the first offense and a Class B misdemeanor
14 for a subsequent offense committed within 2 years of a prior
15 conviction.
16 Except as otherwise authorized by this Act, it is
17 unlawful for any person knowingly to possess a controlled or
18 counterfeit substance. A violation of this Act with respect
19 to each of the controlled substances listed herein
20 constitutes a single and separate violation of this Act.
21 (a) Any person who violates this Section with respect to
22 the following controlled or counterfeit substances and
23 amounts, notwithstanding any of the provisions of subsection
24 (c) and (d) to the contrary, is guilty of a Class 1 felony
25 and shall, if sentenced to a term of imprisonment, be
26 sentenced as provided in this subsection (a) and fined as
27 provided in subsection (b):
28 (1) (A) not less than 4 years and not more than 15
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing heroin;
31 (B) not less than 6 years and not more than 30
32 years with respect to 100 grams or more but less
33 than 400 grams of a substance containing heroin;
34 (C) not less than 8 years and not more than 40
SB1756 Enrolled -36- LRB9011691RCpc
1 years with respect to 400 grams or more but less
2 than 900 grams of any substance containing heroin;
3 (D) not less than 10 years and not more than
4 50 years with respect to 900 grams or more of any
5 substance containing heroin;
6 (2) (A) not less than 4 years and not more than 15
7 years with respect to 15 grams or more but less than
8 100 grams of any substance containing cocaine;
9 (B) not less than 6 years and not more than 30
10 years with respect to 100 grams or more but less
11 than 400 grams of any substance containing cocaine;
12 (C) not less than 8 years and not more than 40
13 years with respect to 400 grams or more but less
14 than 900 grams of any substance containing cocaine;
15 (D) not less than 10 years and not more than
16 50 years with respect to 900 grams or more of any
17 substance containing cocaine;
18 (3) (A) not less than 4 years and not more than 15
19 years with respect to 15 grams or more but less than
20 100 grams of any substance containing morphine;
21 (B) not less than 6 years and not more than 30
22 years with respect to 100 grams or more but less
23 than 400 grams of any substance containing morphine;
24 (C) not less than 8 years and not more than 40
25 years with respect to 400 grams or more but less
26 than 900 grams of any substance containing morphine;
27 (D) not less than 10 years and not more than
28 50 years with respect to 900 grams or more of any
29 substance containing morphine;
30 (4) 200 grams or more of any substance containing
31 peyote;
32 (5) 200 grams or more of any substance containing a
33 derivative of barbituric acid or any of the salts of a
SB1756 Enrolled -37- LRB9011691RCpc
1 derivative of barbituric acid;
2 (6) 200 grams or more of any substance containing
3 amphetamine or methamphetamine or any salt of an optical
4 isomer of amphetamine or methamphetamine;
5 (7) (A) not less than 4 years and not more than 15
6 years with respect to: (i) 15 grams or more but less
7 than 100 grams of any substance containing lysergic
8 acid diethylamide (LSD), or an analog thereof, or
9 (ii) 15 or more objects or 15 or more segregated
10 parts of an object or objects but less than 200
11 objects or 200 segregated parts of an object or
12 objects containing in them or having upon them any
13 amount of any substance containing lysergic acid
14 diethylamide (LSD), or an analog thereof;
15 (B) not less than 6 years and not more than 30
16 years with respect to: (i) 100 grams or more but
17 less than 400 grams of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof, or (ii) 200 or more objects or 200 or more
20 segregated parts of an object or objects but less
21 than 600 objects or less than 600 segregated parts
22 of an object or objects containing in them or having
23 upon them any amount of any substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof;
26 (C) not less than 8 years and not more than 40
27 years with respect to: (i) 400 grams or more but
28 less than 900 grams of any substance containing
29 lysergic acid diethylamide (LSD), or an analog
30 thereof, or (ii) 600 or more objects or 600 or more
31 segregated parts of an object or objects but less
32 than 1500 objects or 1500 segregated parts of an
33 object or objects containing in them or having upon
34 them any amount of any substance containing lysergic
SB1756 Enrolled -38- LRB9011691RCpc
1 acid diethylamide (LSD), or an analog thereof;
2 (D) not less than 10 years and not more than
3 50 years with respect to: (i) 900 grams or more of
4 any substance containing lysergic acid diethylamide
5 (LSD), or an analog thereof, or (ii) 1500 or more
6 objects or 1500 or more segregated parts of an
7 object or objects containing in them or having upon
8 them any amount of a substance containing lysergic
9 acid diethylamide (LSD), or an analog thereof;
10 (8) 30 grams or more of any substance containing
11 pentazocine or any of the salts, isomers and salts of
12 isomers of pentazocine, or an analog thereof;
13 (9) 30 grams or more of any substance containing
14 methaqualone or any of the salts, isomers and salts of
15 isomers of methaqualone;
16 (10) 30 grams or more of any substance containing
17 phencyclidine or any of the salts, isomers and salts of
18 isomers of phencyclidine (PCP);
19 (10.5) 30 grams or more of any substance containing
20 ketamine or any of the salts, isomers and salts of
21 isomers of ketamine;
22 (11) 200 grams or more of any substance containing
23 any substance classified as a narcotic drug in Schedules
24 I or II which is not otherwise included in this
25 subsection.
26 (b) Any person sentenced with respect to violations of
27 paragraph (1), (2), (3) or (7) of subsection (a) involving
28 100 grams or more of the controlled substance named therein,
29 may in addition to the penalties provided therein, be fined
30 an amount not to exceed $200,000 or the full street value of
31 the controlled or counterfeit substances, whichever is
32 greater. The term "street value" shall have the meaning
33 ascribed in Section 110-5 of the Code of Criminal Procedure
34 of 1963. Any person sentenced with respect to any other
SB1756 Enrolled -39- LRB9011691RCpc
1 provision of subsection (a), may in addition to the penalties
2 provided therein, be fined an amount not to exceed $200,000.
3 (c) Any person who violates this Section with regard to
4 an amount of a controlled or counterfeit substance not set
5 forth in subsection (a) or (d) is guilty of a Class 4 felony.
6 The fine for a violation punishable under this subsection (c)
7 shall not be more than $25,000.
8 (d) Any person who violates this Section with regard to
9 any amount of anabolic steroid is guilty of a Class C
10 misdemeanor for the first offense and a Class B misdemeanor
11 for a subsequent offense committed within 2 years of a prior
12 conviction.
13 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
14 90-384, eff. 1-1-98; revised 11-13-97.)
15 (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
16 Sec. 405.1. (a) Elements of the offense. A person
17 commits criminal drug conspiracy when, with the intent that
18 an offense set forth in Section 401, Section 402, or Section
19 407 of this Act be committed, he agrees with another to the
20 commission of that offense. No person may be convicted of
21 conspiracy to commit such an offense unless an act in
22 furtherance of such agreement is alleged and proved to have
23 been committed by him or by a co-conspirator.
24 (b) Co-conspirators. It shall not be a defense to
25 conspiracy that the person or persons with whom the accused
26 is alleged to have conspired:
27 (1) Has not been prosecuted or convicted, or
28 (2) Has been convicted of a different offense, or
29 (3) Is not amenable to justice, or
30 (4) Has been acquitted, or
31 (5) Lacked the capacity to commit an offense.
32 (c) Sentence. A person convicted of criminal drug
33 conspiracy may be fined or imprisoned or both, but any term
SB1756 Enrolled -40- LRB9011691RCpc
1 of imprisonment imposed shall be not less than the minimum
2 nor more than the maximum provided for the offense which is
3 the object of the conspiracy.
4 (a) Elements of the offense. A person commits criminal
5 drug conspiracy when, with the intent that an offense set
6 forth in Section 401, Section 402, or Section 407 of this Act
7 be committed, he agrees with another to the commission of
8 that offense. No person may be convicted of conspiracy to
9 commit such an offense unless an act in furtherance of such
10 agreement is alleged and proved to have been committed by him
11 or by a co-conspirator.
12 (b) Co-conspirators. It shall not be a defense to
13 conspiracy that the person or persons with whom the accused
14 is alleged to have conspired:
15 (1) Has not been prosecuted or convicted, or
16 (2) Has been convicted of a different offense, or
17 (3) Is not amenable to justice, or
18 (4) Has been acquitted, or
19 (5) Lacked the capacity to commit an offense.
20 (c) Sentence. A person convicted of criminal drug
21 conspiracy may be fined or imprisoned or both, but any term
22 of imprisonment imposed shall be not less than the minimum
23 nor more than the maximum provided for the offense which is
24 the object of the conspiracy.
25 (Source: P.A. 89-404, eff. 8-20-95.)
26 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
27 Sec. 505. (a) The following are subject to forfeiture:
28 (1) all substances which have been manufactured,
29 distributed, dispensed, or possessed in violation of this
30 Act;
31 (2) all raw materials, products and equipment of
32 any kind which are used, or intended for use in
33 manufacturing, distributing, dispensing, administering or
SB1756 Enrolled -41- LRB9011691RCpc
1 possessing any substance in violation of this Act;
2 (3) all conveyances, including aircraft, vehicles
3 or vessels, which are used, or intended for use, to
4 transport, or in any manner to facilitate the
5 transportation, sale, receipt, possession, or concealment
6 of property described in paragraphs (1) and (2), but:
7 (i) no conveyance used by any person as a
8 common carrier in the transaction of business as a
9 common carrier is subject to forfeiture under this
10 Section unless it appears that the owner or other
11 person in charge of the conveyance is a consenting
12 party or privy to a violation of this Act;
13 (ii) no conveyance is subject to forfeiture
14 under this Section by reason of any act or omission
15 which the owner proves to have been committed or
16 omitted without his knowledge or consent;
17 (iii) a forfeiture of a conveyance encumbered
18 by a bona fide security interest is subject to the
19 interest of the secured party if he neither had
20 knowledge of nor consented to the act or omission;
21 (4) all money, things of value, books, records, and
22 research products and materials including formulas,
23 microfilm, tapes, and data which are used, or intended to
24 be used in violation of this Act;
25 (5) everything of value furnished, or intended to
26 be furnished, in exchange for a substance in violation of
27 this Act, all proceeds traceable to such an exchange, and
28 all moneys, negotiable instruments, and securities used,
29 or intended to be used, to commit or in any manner to
30 facilitate any violation of this Act;
31 (6) all real property, including any right, title,
32 and interest (including, but not limited to, any
33 leasehold interest or the beneficial interest in a land
34 trust) in the whole of any lot or tract of land and any
SB1756 Enrolled -42- LRB9011691RCpc
1 appurtenances or improvements, which is used or intended
2 to be used, in any manner or part, to commit, or in any
3 manner to facilitate the commission of, any violation or
4 act that constitutes a violation of Section 401 or 405 of
5 this Act or that is the proceeds of any violation or act
6 that constitutes a violation of Section 401 or 405 of
7 this Act.
8 (b) Property subject to forfeiture under this Act may be
9 seized by the Director or any peace officer upon process or
10 seizure warrant issued by any court having jurisdiction over
11 the property. Seizure by the Director or any peace officer
12 without process may be made:
13 (1) if the seizure is incident to inspection under
14 an administrative inspection warrant;
15 (2) 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 (3) if there is probable cause to believe that the
21 property is directly or indirectly dangerous to health or
22 safety;
23 (4) 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 (5) 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
SB1756 Enrolled -43- LRB9011691RCpc
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 and
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 the Director;
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) If the Department of Professional Regulation
29 suspends or revokes a registration, all controlled substances
30 owned or possessed by the registrant at the time of
31 suspension or the effective date of the revocation order may
32 be placed under seal. No disposition may be made of
33 substances under seal until the time for taking an appeal has
34 elapsed or until all appeals have been concluded unless a
SB1756 Enrolled -44- LRB9011691RCpc
1 court, upon application therefor, orders the sale of
2 perishable substances and the deposit of the proceeds of the
3 sale with the court. Upon a revocation rule becoming final,
4 all substances may be forfeited to the Department of
5 Professional Regulation.
6 (f) When property is forfeited under this Act the
7 Director shall sell all such property unless such property is
8 required by law to be destroyed or is harmful to the public,
9 and shall distribute the proceeds of the sale, together with
10 any moneys forfeited or seized, in accordance with subsection
11 (g). However, upon the application of the seizing agency or
12 prosecutor who was responsible for the investigation, arrest
13 or arrests and prosecution which lead to the forfeiture, the
14 Director may return any item of forfeited property to the
15 seizing agency or prosecutor for official use in the
16 enforcement of laws relating to cannabis or controlled
17 substances, if the agency or prosecutor can demonstrate that
18 the item requested would be useful to the agency or
19 prosecutor in their enforcement efforts. When any real
20 property returned to the seizing agency is sold by the agency
21 or its unit of government, the proceeds of the sale shall be
22 delivered to the Director and distributed in accordance with
23 subsection (g).
24 (g) All monies and the sale proceeds of all other
25 property forfeited and seized under this Act shall be
26 distributed as follows:
27 (1) 65% shall be distributed to the metropolitan
28 enforcement group, local, municipal, county, or state law
29 enforcement agency or agencies which conducted or
30 participated in the investigation resulting in the
31 forfeiture. The distribution shall bear a reasonable
32 relationship to the degree of direct participation of the
33 law enforcement agency in the effort resulting in the
34 forfeiture, taking into account the total value of the
SB1756 Enrolled -45- LRB9011691RCpc
1 property forfeited and the total law enforcement effort
2 with respect to the violation of the law upon which the
3 forfeiture is based. Amounts distributed to the agency or
4 agencies shall be used for the enforcement of laws
5 governing cannabis and controlled substances, except that
6 amounts distributed to the Secretary of State shall be
7 deposited into the Secretary of State Evidence Fund to be
8 used as provided in Section 2-115 of the Illinois Vehicle
9 Code.
10 (2)(i) 12.5% shall be distributed to the Office of
11 the State's Attorney of the county in which the
12 prosecution resulting in the forfeiture was instituted,
13 deposited in a special fund in the county treasury and
14 appropriated to the State's Attorney for use in the
15 enforcement of laws governing cannabis and controlled
16 substances. In counties over 3,000,000 population, 25%
17 will be distributed to the Office of the State's Attorney
18 for use in the enforcement of laws governing cannabis and
19 controlled substances. If the prosecution is undertaken
20 solely by the Attorney General, the portion provided
21 hereunder shall be distributed to the Attorney General
22 for use in the enforcement of laws governing cannabis and
23 controlled substances.
24 (ii) 12.5% shall be distributed to the Office of
25 the State's Attorneys Appellate Prosecutor and deposited
26 in the Narcotics Profit Forfeiture Fund of that office to
27 be used for additional expenses incurred in the
28 investigation, prosecution and appeal of cases arising
29 under laws governing cannabis and controlled substances.
30 The Office of the State's Attorneys Appellate Prosecutor
31 shall not receive distribution from cases brought in
32 counties with over 3,000,000 population.
33 (3) 10% shall be retained by the Department of
34 State Police for expenses related to the administration
SB1756 Enrolled -46- LRB9011691RCpc
1 and sale of seized and forfeited property.
2 (h) Species of plants from which controlled substances
3 in Schedules I and II may be derived which have been planted
4 or cultivated in violation of this Act, or of which the
5 owners or cultivators are unknown, or which are wild growths,
6 may be seized and summarily forfeited to the State. The
7 failure, upon demand by the Director or any peace officer, of
8 the person in occupancy or in control of land or premises
9 upon which the species of plants are growing or being stored,
10 to produce registration, or proof that he is the holder
11 thereof, constitutes authority for the seizure and forfeiture
12 of the plants.
13 (a) The following are subject to forfeiture:
14 (1) all substances which have been manufactured,
15 distributed, dispensed, or possessed in violation of this
16 Act;
17 (2) all raw materials, products and equipment of
18 any kind which are used, or intended for use in
19 manufacturing, distributing, dispensing, administering or
20 possessing any substance in violation of this Act;
21 (3) all conveyances, including aircraft, vehicles
22 or vessels, which are used, or intended for use, to
23 transport, or in any manner to facilitate the
24 transportation, sale, receipt, possession, or concealment
25 of property described in paragraphs (1) and (2), but:
26 (i) no conveyance used by any person as a
27 common carrier in the transaction of business as a
28 common carrier is subject to forfeiture under this
29 Section unless it appears that the owner or other
30 person in charge of the conveyance is a consenting
31 party or privy to a violation of this Act;
32 (ii) no conveyance is subject to forfeiture
33 under this Section by reason of any act or omission
34 which the owner proves to have been committed or
SB1756 Enrolled -47- LRB9011691RCpc
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
SB1756 Enrolled -48- LRB9011691RCpc
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
SB1756 Enrolled -49- LRB9011691RCpc
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
SB1756 Enrolled -50- LRB9011691RCpc
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
SB1756 Enrolled -51- LRB9011691RCpc
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 (Source: P.A. 88-517; 89-404, eff. 8-20-95.)
33 Section 30. Section 107-4 of the Code of Criminal
SB1756 Enrolled -52- LRB9011691RCpc
1 Procedure of 1963 is amended as follows:
2 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
3 Sec. 107-4. Arrest by peace officer from other
4 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 or misdemeanor violation of the laws
26 of this State. While acting pursuant to this subsection, an
27 officer has the same authority as within his or her own
28 jurisdiction.
29 (a-7) The law enforcement agency of the county or
30 municipality in which any arrest is made under this Section
31 shall be immediately notified of the arrest.
32 (b) Any peace officer of another state who enters this
33 State in fresh pursuit and continues within this State in
SB1756 Enrolled -53- LRB9011691RCpc
1 fresh pursuit of a person in order to arrest him on the
2 ground that he has committed an offense in the other state
3 has the same authority to arrest and hold the person in
4 custody as peace officers of this State have to arrest and
5 hold a person in custody on the ground that he has committed
6 an offense in this State.
7 (c) If an arrest is made in this State by a peace
8 officer of another state in accordance with the provisions of
9 this Section he shall without unnecessary delay take the
10 person arrested before the circuit court of the county in
11 which the arrest was made. Such court shall conduct a hearing
12 for the purpose of determining the lawfulness of the arrest.
13 If the court determines that the arrest was lawful it shall
14 commit the person arrested, to await for a reasonable time
15 the issuance of an extradition warrant by the Governor of
16 this State, or admit him to bail for such purpose. If the
17 court determines that the arrest was unlawful it shall
18 discharge the person arrested.
19 Arrest by peace officer from other jurisdiction.
20 (a) As used in this Section:
21 (1) "State" means any State of the United States
22 and the District of Columbia.
23 (2) "Peace Officer" means any peace officer or
24 member of any duly organized State, County, or Municipal
25 peace unit or police force of another State.
26 (3) "Fresh pursuit" means the immediate pursuit of
27 a person who is endeavoring to avoid arrest.
28 (4) "Law enforcement agency" means a municipal
29 police department or county sheriff's office of this
30 State.
31 (a-3) Any peace officer employed by a law enforcement
32 agen