Public Act 90-0593 of the 90th General Assembly
Public Act 90-0593
SB1756 Enrolled LRB9011691RCpc
AN ACT in relation to criminal law, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. Section 3-6021 of the Counties Code is
amended as follows:
(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021. Conservator of the peace. Each sheriff
shall be conservator of the peace in his or her county, and
shall prevent crime and maintain the safety and order of the
citizens of that county; and may arrest offenders on view,
and cause them to be brought before the proper court for
trial or examination. Conservator of the peace. Each sheriff
shall be conservator of the peace in his or her county, and
shall prevent crime and maintain the safety and order of the
citizens of that county; and may arrest offenders on view,
and cause them to be brought before the proper court for
trial or examination.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 10. Section 7-4-8 of the Illinois Municipal Code
is amended as follows:
(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
Sec. 7-4-8. The police of any municipality in such a
police district have full authority and power as peace
officers and may go into any part of the district to exercise
that authority and power. For these purposes the mayor of any
municipality in the district, and the chiefs of police
therein, shall use the police forces under their control
anywhere in the district. The police of any municipality
in such a police district have full authority and power as
peace officers and may go into any part of the district to
exercise that authority and power. For these purposes the
mayor of any municipality in the district, and the chiefs of
police therein, shall use the police forces under their
control anywhere in the district.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 15. Sections 3-2, 6-2, and 18-5 of the Criminal
Code of 1961 are amended as follows:
(720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
Sec. 3-2. Affirmative defense.
(a) "Affirmative defense" means that unless the State's
evidence raises the issue involving the alleged defense, the
defendant, to raise the issue, must present some evidence
thereon.
(b) If the issue involved in an affirmative defense,
other than insanity, is raised then the State must sustain
the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other
elements of the offense. If the affirmative defense of
insanity is raised, the defendant bears the burden of proving
by clear and convincing evidence his insanity at the time of
the offense. Affirmative defense.
(a) "Affirmative defense" means that unless the State's
evidence raises the issue involving the alleged defense, the
defendant, to raise the issue, must present some evidence
thereon.
(b) If the issue involved in an affirmative defense,
other than insanity, is raised then the State must sustain
the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other
elements of the offense. If the affirmative defense of
insanity is raised, the defendant bears the burden of proving
by clear and convincing evidence his insanity at the time of
the offense.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
Sec. 6-2. Insanity.
(a) A person is not criminally responsible for conduct
if at the time of such conduct, as a result of mental disease
or mental defect, he lacks substantial capacity to appreciate
the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not
include an abnormality manifested only by repeated criminal
or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a
criminal offense, was not insane but was suffering from a
mental illness, is not relieved of criminal responsibility
for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or
"mentally ill" means a substantial disorder of thought, mood,
or behavior which afflicted a person at the time of the
commission of the offense and which impaired that person's
judgment, but not to the extent that he is unable to
appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented
during the trial, the burden of proof is on the defendant to
prove by clear and convincing evidence that the defendant is
not guilty by reason of insanity. However, the burden of
proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in
a jury trial where the insanity defense has been presented,
the jury must be instructed that it may not consider whether
the defendant has met his burden of proving that he is not
guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty
beyond a reasonable doubt of the offense with which he is
charged.
Insanity.
(a) A person is not criminally responsible for conduct
if at the time of such conduct, as a result of mental disease
or mental defect, he lacks substantial capacity to appreciate
the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not
include an abnormality manifested only by repeated criminal
or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a
criminal offense, was not insane but was suffering from a
mental illness, is not relieved of criminal responsibility
for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or
"mentally ill" means a substantial disorder of thought, mood,
or behavior which afflicted a person at the time of the
commission of the offense and which impaired that person's
judgment, but not to the extent that he is unable to
appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented
during the trial, the burden of proof is on the defendant to
prove by clear and convincing evidence that the defendant is
not guilty by reason of insanity. However, the burden of
proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in
a jury trial where the insanity defense has been presented,
the jury must be instructed that it may not consider whether
the defendant has met his burden of proving that he is not
guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty
beyond a reasonable doubt of the offense with which he is
charged.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she
takes property from the person or presence of another by the
use of force or by threatening the imminent use of force
while indicating verbally or by his or her actions to the
victim that he or she is presently armed with a firearm or
other dangerous weapon, including a knife, club, ax, or
bludgeon. This offense shall be applicable even though it is
later determined that he or she had no firearm or other
dangerous weapon, including a knife, club, ax, or bludgeon in
his or her possession when he or she committed the robbery.
(b) Sentence. Aggravated robbery is a Class 1 felony.
(Source: P.A. 88-144; 88-670, eff. 12-2-94.)
Section 20. Section 12 of the Cannabis Control Act is
amended as follows:
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. (a) The following are subject to forfeiture:
(1) all substances containing cannabis which have
been produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of
any kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraph (1) or (2) that
constitutes a felony violation of the Act, but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended
for use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this
Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property,
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
him;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) No disposition may be made of property under seal
until the time for taking an appeal has elapsed or until all
appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the
deposit of the proceeds of the sale with the court.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency
or agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the
county treasury and appropriated to the State's
Attorney for use in the enforcement of laws
governing cannabis and controlled substances. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney
for use in the enforcement of laws governing
cannabis and controlled substances. If the
prosecution is undertaken solely by the Attorney
General, the portion provided hereunder shall be
distributed to the Attorney General for use in the
enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that Office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws governing
cannabis and controlled substances. The Office of
the State's Attorneys Appellate Prosecutor shall not
receive distribution from cases brought in counties
with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(a) The following are subject to forfeiture:
(1) all substances containing cannabis which have
been produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of
any kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraph (1) or (2) that
constitutes a felony violation of the Act, but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended
for use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this
Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property,
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
him;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) No disposition may be made of property under seal
until the time for taking an appeal has elapsed or until all
appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the
deposit of the proceeds of the sale with the court.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency
or agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the
county treasury and appropriated to the State's
Attorney for use in the enforcement of laws
governing cannabis and controlled substances. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney
for use in the enforcement of laws governing
cannabis and controlled substances. If the
prosecution is undertaken solely by the Attorney
General, the portion provided hereunder shall be
distributed to the Attorney General for use in the
enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that Office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws governing
cannabis and controlled substances. The Office of
the State's Attorneys Appellate Prosecutor shall not
receive distribution from cases brought in counties
with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 25. Sections 100, 401, 402, 405.1, and 505 of
the Illinois Controlled Substances Act are amended as
follows:
(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
Sec. 100. Legislative intent. It is the intent of the
General Assembly, recognizing the rising incidence in the
abuse of drugs and other dangerous substances and its
resultant damage to the peace, health, and welfare of the
citizens of Illinois, to provide a system of control over the
distribution and use of controlled substances which will more
effectively: (1) limit access of such substances only to
those persons who have demonstrated an appropriate sense of
responsibility and have a lawful and legitimate reason to
possess them; (2) deter the unlawful and destructive abuse of
controlled substances; (3) penalize most heavily the illicit
traffickers or profiteers of controlled substances, who
propagate and perpetuate the abuse of such substances with
reckless disregard for its consumptive consequences upon
every element of society; (4) acknowledge the functional and
consequential differences between the various types of
controlled substances and provide for correspondingly
different degrees of control over each of the various types;
(5) unify where feasible and codify the efforts of this State
to conform with the regulatory systems of the Federal
government and other states to establish national
coordination of efforts to control the abuse of controlled
substances; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious.
It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale,
unlawful purveyors and traffickers of controlled substances.
However, it is recognized that persons who violate this Act
with respect to the manufacture, delivery, possession with
intent to deliver, or possession of more than one type of
controlled substance listed herein may accordingly receive
multiple convictions and sentences under each Section of this
Act. To this end, guidelines have been provided, along with a
wide latitude in sentencing discretion, to enable the
sentencing court to order penalties in each case which are
appropriate for the purposes of this Act.
Legislative intent. It is the intent of the General
Assembly, recognizing the rising incidence in the abuse of
drugs and other dangerous substances and its resultant damage
to the peace, health, and welfare of the citizens of
Illinois, to provide a system of control over the
distribution and use of controlled substances which will more
effectively: (1) limit access of such substances only to
those persons who have demonstrated an appropriate sense of
responsibility and have a lawful and legitimate reason to
possess them; (2) deter the unlawful and destructive abuse of
controlled substances; (3) penalize most heavily the illicit
traffickers or profiteers of controlled substances, who
propagate and perpetuate the abuse of such substances with
reckless disregard for its consumptive consequences upon
every element of society; (4) acknowledge the functional and
consequential differences between the various types of
controlled substances and provide for correspondingly
different degrees of control over each of the various types;
(5) unify where feasible and codify the efforts of this state
to conform with the regulatory systems of the Federal
government and other states to establish national
coordination of efforts to control the abuse of controlled
substances; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious.
It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale,
unlawful purveyors and traffickers of controlled substances.
However, it is recognized that persons who violate this Act
with respect to the manufacture, delivery, possession with
intent to deliver, or possession of more than one type of
controlled substance listed herein may accordingly receive
multiple convictions and sentences under each Section of this
Act. To this end, guidelines have been provided, along with a
wide latitude in sentencing discretion, to enable the
sentencing court to order penalties in each case which are
appropriate for the purposes of this Act.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is
unlawful for any person knowingly to manufacture or deliver,
or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or controlled substance
analog. A violation of this Act with respect to each of the
controlled substances listed herein constitutes a single and
separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance which is intended for human consumption, other than
a controlled substance, that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to
produce an effect substantially similar to that of a
controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine, or an analog
thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not more than $500,000 or the full street value of
the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of
the Code of Criminal Procedure of 1963. Any person sentenced
with respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an
amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine or
methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, or (ii) lysergic acid diethylamide
(LSD) or an analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d) shall not be
more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
Except as authorized by this Act, it is unlawful for any
person knowingly to manufacture or deliver, or possess with
intent to manufacture or deliver, a controlled or counterfeit
substance or controlled substance analog. A violation of
this Act with respect to each of the controlled substances
listed herein constitutes a single and separate violation of
this Act. For purposes of this Section, "controlled
substance analog" or "analog" means a substance which is
intended for human consumption, other than a controlled
substance, that has a chemical structure substantially
similar to that of a controlled substance in Schedule I or
II, or that was specifically designed to produce an effect
substantially similar to that of a controlled substance in
Schedule I or II. Examples of chemical classes in which
controlled substance analogs are found include, but are not
limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes
of this Act, a controlled substance analog shall be treated
in the same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine, or an analog
thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not more than $500,000 or the full street value of
the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of
the Code of Criminal Procedure of 1963. Any person sentenced
with respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an
amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine or
methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, or (ii) lysergic acid diethylamide
(LSD) or an analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d) shall not be
more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance. A violation of this Act with respect
to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
90-384, eff. 1-1-98; revised 11-13-97.)
(720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
Sec. 405.1. (a) Elements of the offense. A person
commits criminal drug conspiracy when, with the intent that
an offense set forth in Section 401, Section 402, or Section
407 of this Act be committed, he agrees with another to the
commission of that offense. No person may be convicted of
conspiracy to commit such an offense unless an act in
furtherance of such agreement is alleged and proved to have
been committed by him or by a co-conspirator.
(b) Co-conspirators. It shall not be a defense to
conspiracy that the person or persons with whom the accused
is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence. A person convicted of criminal drug
conspiracy may be fined or imprisoned or both, but any term
of imprisonment imposed shall be not less than the minimum
nor more than the maximum provided for the offense which is
the object of the conspiracy.
(a) Elements of the offense. A person commits criminal
drug conspiracy when, with the intent that an offense set
forth in Section 401, Section 402, or Section 407 of this Act
be committed, he agrees with another to the commission of
that offense. No person may be convicted of conspiracy to
commit such an offense unless an act in furtherance of such
agreement is alleged and proved to have been committed by him
or by a co-conspirator.
(b) Co-conspirators. It shall not be a defense to
conspiracy that the person or persons with whom the accused
is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence. A person convicted of criminal drug
conspiracy may be fined or imprisoned or both, but any term
of imprisonment imposed shall be not less than the minimum
nor more than the maximum provided for the offense which is
the object of the conspiracy.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of
any kind which are used, or intended for use in
manufacturing, distributing, dispensing, administering or
possessing any substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraphs (1) and (2), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used in violation of this Act;
(5) everything of value furnished, or intended to
be furnished, in exchange for a substance in violation of
this Act, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or intended
to be used, in any manner or part, to commit, or in any
manner to facilitate the commission of, any violation or
act that constitutes a violation of Section 401 or 405 of
this Act or that is the proceeds of any violation or act
that constitutes a violation of Section 401 or 405 of
this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under
an administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property and
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
the Director;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) If the Department of Professional Regulation
suspends or revokes a registration, all controlled substances
owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may
be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation rule becoming final,
all substances may be forfeited to the Department of
Professional Regulation.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was instituted,
deposited in a special fund in the county treasury and
appropriated to the State's Attorney for use in the
enforcement of laws governing cannabis and controlled
substances. In counties over 3,000,000 population, 25%
will be distributed to the Office of the State's Attorney
for use in the enforcement of laws governing cannabis and
controlled substances. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and deposited
in the Narcotics Profit Forfeiture Fund of that office to
be used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(h) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this Act, or of which the
owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the State. The
failure, upon demand by the Director or any peace officer, of
the person in occupancy or in control of land or premises
upon which the species of plants are growing or being stored,
to produce registration, or proof that he is the holder
thereof, constitutes authority for the seizure and forfeiture
of the plants.
(a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of
any kind which are used, or intended for use in
manufacturing, distributing, dispensing, administering or
possessing any substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraphs (1) and (2), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used in violation of this Act;
(5) everything of value furnished, or intended to
be furnished, in exchange for a substance in violation of
this Act, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or intended
to be used, in any manner or part, to commit, or in any
manner to facilitate the commission of, any violation or
act that constitutes a violation of Section 401 or 405 of
this Act or that is the proceeds of any violation or act
that constitutes a violation of Section 401 or 405 of
this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under
an administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property and
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
the Director;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) If the Department of Professional Regulation
suspends or revokes a registration, all controlled substances
owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may
be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation rule becoming final,
all substances may be forfeited to the Department of
Professional Regulation.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was instituted,
deposited in a special fund in the county treasury and
appropriated to the State's Attorney for use in the
enforcement of laws governing cannabis and controlled
substances. In counties over 3,000,000 population, 25%
will be distributed to the Office of the State's Attorney
for use in the enforcement of laws governing cannabis and
controlled substances. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and deposited
in the Narcotics Profit Forfeiture Fund of that office to
be used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(h) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this Act, or of which the
owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the State. The
failure, upon demand by the Director or any peace officer, of
the person in occupancy or in control of land or premises
upon which the species of plants are growing or being stored,
to produce registration, or proof that he is the holder
thereof, constitutes authority for the seizure and forfeiture
of the plants.
(Source: P.A. 88-517; 89-404, eff. 8-20-95.)
Section 30. Section 107-4 of the Code of Criminal
Procedure of 1963 is amended as follows:
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any state of the United States
and the District of Columbia.
(2) "Peace Officer" means any peace officer or
member of any duly organized State, County, or Municipal
peace unit or police force of another state.
(3) "Fresh pursuit" means the immediate pursuit of
a person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal
police department or county sheriff's office of this
State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests
in any jurisdiction within this State if: (1) the officer is
engaged in the investigation of an offense that occurred in
the officer's primary jurisdiction and the temporary
questioning is conducted or the arrest is made pursuant to
that investigation; or (2) the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws
of this State. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another state who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the
ground that he has committed an offense in the other state
has the same authority to arrest and hold the person in
custody as peace officers of this State have to arrest and
hold a person in custody on the ground that he has committed
an offense in this State.
(c) If an arrest is made in this State by a peace
officer of another state in accordance with the provisions of
this Section he shall without unnecessary delay take the
person arrested before the circuit court of the county in
which the arrest was made. Such court shall conduct a hearing
for the purpose of determining the lawfulness of the arrest.
If the court determines that the arrest was lawful it shall
commit the person arrested, to await for a reasonable time
the issuance of an extradition warrant by the Governor of
this State, or admit him to bail for such purpose. If the
court determines that the arrest was unlawful it shall
discharge the person arrested.
Arrest by peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States
and the District of Columbia.
(2) "Peace Officer" means any peace officer or
member of any duly organized State, County, or Municipal
peace unit or police force of another State.
(3) "Fresh pursuit" means the immediate pursuit of
a person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal
police department or county sheriff's office of this
State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests
in any jurisdiction within this State if: (1) the officer is
engaged in the investigation of an offense that occurred in
the officer's primary jurisdiction and the temporary
questioning is conducted or the arrest is made pursuant to
that investigation; or (2) the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws
of this State. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the
ground that he has committed an offense in the other State
has the same authority to arrest and hold the person in
custody as peace officers of this State have to arrest and
hold a person in custody on the ground that he has committed
an offense in this State.
(c) If an arrest is made in this State by a peace
officer of another State in accordance with the provisions of
this Section he shall without unnecessary delay take the
person arrested before the circuit court of the county in
which the arrest was made. Such court shall conduct a hearing
for the purpose of determining the lawfulness of the arrest.
If the court determines that the arrest was lawful it shall
commit the person arrested, to await for a reasonable time
the issuance of an extradition warrant by the Governor of
this State, or admit him to bail for such purpose. If the
court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 35. Section 9 of the Drug Asset Forfeiture
Procedure Act is amended as follows:
(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
Sec. 9. Judicial in rem procedures. If property seized
under the provisions of the Illinois Controlled Substances
Act or the Cannabis Control Act is non-real property that
exceeds $20,000 in value excluding the value of any
conveyance, or is real property, or a claimant has filed a
claim and a cost bond under subsection (C) of Section 6 of
this Act, the following judicial in rem procedures shall
apply:
(A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45 days
of the receipt of notice of seizure by the seizing agency or
the filing of the claim and cost bond, whichever is later,
the State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture
and, if the claimant has filed a claim and cost bond, by
depositing the cost bond with the clerk of the court. When
authorized by law, a forfeiture must be ordered by a court on
an action in rem brought by a State's Attorney under a
verified complaint for forfeiture.
(B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of
evidence relating to civil actions shall apply to all other
portions of the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property in
the action in rem. For purposes of this Section, the owner
or interest holder shall be referred to as claimant.
(D) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provisions of Section 8 of this
Act relied on in asserting it is not subject to
forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the precise relief sought.
(E) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing
of the answer unless continued for good cause.
(G) The State shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
(H) If the State does not show existence of probable
cause or a claimant has established by a preponderance of
evidence that the claimant has an interest that is exempt
under Section 8 of this Act, the court shall order the
interest in the property returned or conveyed to the claimant
and shall order all other property forfeited to the State. If
the State does show existence of probable cause and the
claimant does not establish by a preponderance of evidence
that the claimant has an interest that is exempt under
Section 8 of this Act, the court shall order all property
forfeited to the State.
(I) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any
proceeding under this Act regardless of the pendency of an
appeal from that conviction. However, evidence of the
pendency of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney,
the court may stay civil forfeiture proceedings during the
criminal trial for a related criminal indictment or
information alleging a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act. Such a stay
shall not be available pending an appeal. Property subject
to forfeiture under the Illinois Controlled Substances Act or
the Cannabis Control Act shall not be subject to return or
release by a court exercising jurisdiction over a criminal
case involving the seizure of such property unless such
return or release is consented to by the State's Attorney.
(K) All property declared forfeited under this Act vests
in this State on the commission of the conduct giving rise to
forfeiture together with the proceeds of the property after
that time. Any such property or proceeds subsequently
transferred to any person remain subject to forfeiture and
thereafter shall be ordered forfeited unless the transferee
claims and establishes in a hearing under the provisions of
this Act that the transferee's interest is exempt under
Section 8 of this Act.
(L) A civil action under this Act must be commenced
within 5 years after the last conduct giving rise to
forfeiture became known or should have become known or 5
years after the forfeitable property is discovered, whichever
is later, excluding any time during which either the property
or claimant is out of the State or in confinement or during
which criminal proceedings relating to the same conduct are
in progress.
Judicial in rem procedures. If property seized under the
provisions of the Illinois Controlled Substances Act or the
Cannabis Control Act is non-real property that exceeds
$20,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim and a cost
bond under subsection (C) of Section 6 of this Act, the
following judicial in rem procedures shall apply:
(A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45 days
of the receipt of notice of seizure by the seizing agency or
the filing of the claim and cost bond, whichever is later,
the State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture
and, if the claimant has filed a claim and cost bond, by
depositing the cost bond with the clerk of the court. When
authorized by law, a forfeiture must be ordered by a court on
an action in rem brought by a State's Attorney under a
verified complaint for forfeiture.
(B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of
evidence relating to civil actions shall apply to all other
portions of the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property in
the action in rem. For purposes of this Section, the owner
or interest holder shall be referred to as claimant.
(D) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provisions of Section 8 of this
Act relied on in asserting it is not subject to
forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the precise relief sought.
(E) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing
of the answer unless continued for good cause.
(G) The state shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
(H) If the State does not show existence of probable
cause or a claimant has established by a preponderance of
evidence that the claimant has an interest that is exempt
under Section 8 of this Act, the court shall order the
interest in the property returned or conveyed to the claimant
and shall order all other property forfeited to the State. If
the State does show existence of probable cause and the
claimant does not establish by a preponderance of evidence
that the claimant has an interest that is exempt under
Section 8 of this Act, the court shall order all property
forfeited to the State.
(I) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any
proceeding under this Act regardless of the pendency of an
appeal from that conviction. However, evidence of the
pendency of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney,
the court may stay civil forfeiture proceedings during the
criminal trial for a related criminal indictment or
information alleging a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act. Such a stay
shall not be available pending an appeal. Property subject
to forfeiture under the Illinois Contr