94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2156


 
Introduced 11/2/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-2.6









    Amends the Criminal Code of 1961.  In the statute concerning the offense of use of a dangerous place for the commission of a controlled substance or cannabis offense, changes a reference from "premise" to "premises" in the definition of "place".  Effective immediately.
















LRB094 13277 RLC 48131 b

















 


 


A BILL FOR









 











SB2156

LRB094 13277 RLC 48131 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-2.6 as follows:
 



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    (720 ILCS 5/12-2.6)



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    Sec. 12-2.6. Use of a dangerous place for the commission of 
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a controlled
substance or cannabis offense.
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    (a) A person commits the offense of use of a dangerous 
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place for the
commission of a
controlled substance or cannabis 
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offense when that person knowingly exercises
control
over any 
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place with the intent to use that place to manufacture, 
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produce,
deliver, or
possess with intent to deliver a 
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controlled or
counterfeit substance or controlled substance 
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analog in violation of Section
401 of the Illinois Controlled 
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Substances Act or to manufacture, produce,
deliver, or
possess 
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with intent to deliver cannabis in violation of Section 5, 5.1, 
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5.2,
7,
or 8 of the Cannabis Control Act and:


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        (1) the place, by virtue of the presence of the 
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    substance or substances
used or intended to be used to 
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    manufacture a controlled or counterfeit
substance, 
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    controlled substance analog, or cannabis, presents a 
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    substantial
risk
of injury
to any
person from fire, 
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    explosion, or exposure to toxic or noxious chemicals or 
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    gas;
or


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        (2) the place used or intended to be used to 
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    manufacture, produce,
deliver, or
possess with intent to 
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    deliver a controlled or
counterfeit substance, controlled 
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    substance analog, or cannabis has located
within it or

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    surrounding it devices, weapons, chemicals, or explosives 
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    designed, hidden, or
arranged
in
a manner that would cause 
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    a person to be exposed to a substantial risk of great

 


 






SB2156
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LRB094 13277 RLC 48131 b




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    bodily harm.

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    (b) It may be inferred that a place was intended to be used 
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to manufacture a
controlled or counterfeit substance or 
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controlled substance analog if a
substance containing a 
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controlled or counterfeit substance or controlled
substance 
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analog or a substance containing a chemical important to the

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manufacture of a controlled or counterfeit substance or 
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controlled substance
analog is found at the place of the 
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alleged illegal controlled substance
manufacturing in close 
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proximity to equipment or a chemical used for
facilitating the 
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manufacture of the controlled or counterfeit substance or

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controlled substance analog that
is alleged to have been 
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intended to be manufactured.

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    (c) As used in this Section,
"place" means a premises

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premise, conveyance, or location that offers
seclusion,

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shelter, means, or facilitation for manufacturing, producing, 
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possessing, or
possessing
with intent to deliver a controlled 
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or counterfeit
substance,
controlled substance analog, or 
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cannabis.

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    (d) Use of a dangerous place for the commission of a 
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controlled substance
or cannabis offense is a Class 1 felony.

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(Source: P.A. 93-516, eff. 1-1-04; revised 1-25-05.)

 

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