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Public Act 095-0487


 

Public Act 0487 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0487
 
SB0705 Enrolled LRB095 04846 RLC 24908 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 406 and 410 and by adding Section
406.2 as follows:
 
    (720 ILCS 570/406)  (from Ch. 56 1/2, par. 1406)
    Sec. 406. (a) It is unlawful for any person:
        (1) who is subject to Article III knowingly to
    distribute or dispense a controlled substance in violation
    of Sections 308 through 314 of this Act; or
        (2) who is a registrant, to manufacture a controlled
    substance not authorized by his registration, or to
    distribute or dispense a controlled substance not
    authorized by his registration to another registrant or
    other authorized person; or
        (3) to refuse or fail to make, keep or furnish any
    record, notification, order form, statement, invoice or
    information required under this Act; or
        (4) to refuse an entry into any premises for any
    inspection authorized by this Act; or
        (5) knowingly to keep or maintain any store, shop,
    warehouse, dwelling, building, vehicle, boat, aircraft, or
    other structure or place, which is resorted to by a person
    unlawfully possessing controlled substances, or which is
    used for possessing, manufacturing, dispensing or
    distributing controlled substances in violation of this
    Act.
    Any person who violates this subsection (a) is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for each subsequent offense. The fine for each subsequent
offense shall not be more than $100,000. In addition, any
practitioner who is found guilty of violating this subsection
(a) is subject to suspension and revocation of his professional
license, in accordance with such procedures as are provided by
law for the taking of disciplinary action with regard to the
license of said practitioner's profession.
    (b) It is unlawful for any person knowingly:
        (1) to distribute, as a registrant, a controlled
    substance classified in Schedule I or II, except pursuant
    to an order form as required by Section 307 of this Act; or
        (2) to use, in the course of the manufacture or
    distribution of a controlled substance, a registration
    number which is fictitious, revoked, suspended, or issued
    to another person; or
        (3) to acquire or obtain possession of a controlled
    substance by misrepresentation, fraud, forgery, deception
    or subterfuge; or
        (4) to furnish false or fraudulent material
    information in, or omit any material information from, any
    application, report or other document required to be kept
    or filed under this Act, or any record required to be kept
    by this Act; or
        (5) to make, distribute or possess any punch, die,
    plate, stone or other thing designed to print, imprint or
    reproduce the trademark, trade name or other identifying
    mark, imprint or device of another, or any likeness of any
    of the foregoing, upon any controlled substance or
    container or labeling thereof so as to render the drug a
    counterfeit substance; or
        (6) (blank) to possess without authorization, blank
    prescription forms or counterfeit prescription forms; or
        (7) (Blank).
    Any person who violates this subsection (b) is guilty of a
Class 4 felony for the first offense and a Class 3 felony for
each subsequent offense. The fine for the first offense shall
be not more than $100,000. The fine for each subsequent offense
shall not be more than $200,000.
    (c) A person who knowingly or intentionally violates
Section 316, 317, 318, or 319 is guilty of a Class A
misdemeanor.
(Source: P.A. 91-576, eff. 4-1-00.)
 
    (720 ILCS 570/406.2 new)
    Sec. 406.2. Unauthorized possession of prescription form.
    (a) A person commits the offense of unauthorized possession
of prescription form when he or she knowingly:
        (1) alters a properly issued prescription form;
        (2) possesses without authorization a blank
    prescription form or counterfeit prescription form; or
        (3) possesses a prescription form not issued by a
    licensed prescriber.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding possession of a blank prescription
or possession of a prescription altered or not issued by a
licensed prescriber.
    (c) Sentence. Any person who violates subsection (a) is
guilty of a Class 4 felony for the first offense and a Class 3
felony for each subsequent offense. The fine for the first
offense shall be not more than $100,000. The fine for each
subsequent offense shall not be more than $200,000.
    (d) For the purposes of this Section, "licensed prescriber"
means a prescriber as defined in this Act or an optometrist
licensed under the Illinois Optometric Practice Act of 1987.
 
    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
    Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for any offense under this Act or any law of the United States
or of any State relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of a
controlled or counterfeit substance under subsection (c) of
Section 402 or of unauthorized possession of prescription form
under Section 406.2, the court, without entering a judgment and
with the consent of such person, may sentence him to probation.
    (b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
    (d) The court may, in addition to other conditions, require
that the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical or psychiatric treatment; or
    treatment or rehabilitation approved by the Illinois
    Department of Human Services;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (6-5) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home.
    (e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him.
    (g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under
this Section, Section 10 of the Cannabis Control Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act with respect to any person.
    (i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(Source: P.A. 94-556, eff. 9-11-05.)

Effective Date: 1/1/2008