100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4342

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/5.2  from Ch. 56 1/2, par. 705.2
720 ILCS 570/407  from Ch. 56 1/2, par. 1407
720 ILCS 646/15

    Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. For drug offenses that occur in protected places, provides that the distance away from the protected place shall be 500 feet in a county with a population of 3,000,000 or more or 1,000 feet in any other county.


LRB100 17414 SLF 32581 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4342LRB100 17414 SLF 32581 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 5.2 as follows:
 
6    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
7    Sec. 5.2. Delivery of cannabis on school grounds.
8    (a) Any person who violates subsection (e) of Section 5 in
9any school, on the real property comprising any school, or any
10conveyance owned, leased or contracted by a school to transport
11students to or from school or a school related activity, or on
12any public way within 500 feet in a county with a population of
133,000,000 or more or within 1,000 feet in any other county of
14the real property comprising any school, or in any conveyance
15owned, leased or contracted by a school to transport students
16to or from school or a school related activity, and at the time
17of the violation persons under the age of 18 are present, the
18offense is committed during school hours, or the offense is
19committed at times when persons under the age of 18 are
20reasonably expected to be present in the school, in the
21conveyance, on the real property, or on the public way, such as
22when after-school activities are occurring, is guilty of a
23Class 1 felony, the fine for which shall not exceed $200,000;

 

 

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1    (b) Any person who violates subsection (d) of Section 5 in
2any school, on the real property comprising any school, or any
3conveyance owned, leased or contracted by a school to transport
4students to or from school or a school related activity, or on
5any public way within 500 feet in a county with a population of
63,000,000 or more or within 1,000 feet in any other county of
7the real property comprising any school, or in any conveyance
8owned, leased or contracted by a school to transport students
9to or from school or a school related activity, and at the time
10of the violation persons under the age of 18 are present, the
11offense is committed during school hours, or the offense is
12committed at times when persons under the age of 18 are
13reasonably expected to be present in the school, in the
14conveyance, on the real property, or on the public way, such as
15when after-school activities are occurring, is guilty of a
16Class 2 felony, the fine for which shall not exceed $100,000;
17    (c) Any person who violates subsection (c) of Section 5 in
18any school, on the real property comprising any school, or any
19conveyance owned, leased or contracted by a school to transport
20students to or from school or a school related activity, or on
21any public way within 500 feet in a county with a population of
223,000,000 or more or within 1,000 feet in any other county of
23the real property comprising any school, or in any conveyance
24owned, leased or contracted by a school to transport students
25to or from school or a school related activity, and at the time
26of the violation persons under the age of 18 are present, the

 

 

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1offense is committed during school hours, or the offense is
2committed at times when persons under the age of 18 are
3reasonably expected to be present in the school, in the
4conveyance, on the real property, or on the public way, such as
5when after-school activities are occurring, is guilty of a
6Class 3 felony, the fine for which shall not exceed $50,000;
7    (d) Any person who violates subsection (b) of Section 5 in
8any school, on the real property comprising any school, or any
9conveyance owned, leased or contracted by a school to transport
10students to or from school or a school related activity, or on
11any public way within 500 feet of in a county with a population
12of 3,000,000 or more or within 1,000 feet in any other county
13the real property comprising any school, or in any conveyance
14owned, leased or contracted by a school to transport students
15to or from school or a school related activity, and at the time
16of the violation persons under the age of 18 are present, the
17offense is committed during school hours, or the offense is
18committed at times when persons under the age of 18 are
19reasonably expected to be present in the school, in the
20conveyance, on the real property, or on the public way, such as
21when after-school activities are occurring, is guilty of a
22Class 4 felony, the fine for which shall not exceed $25,000;
23    (e) Any person who violates subsection (a) of Section 5 in
24any school, on the real property comprising any school, or in
25any conveyance owned, leased or contracted by a school to
26transport students to or from school or a school related

 

 

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1activity, on any public way within 500 feet in a county with a
2population of 3,000,000 or more or within 1,000 feet in any
3other county of the real property comprising any school, or any
4conveyance owned, leased or contracted by a school to transport
5students to or from school or a school related activity, and at
6the time of the violation persons under the age of 18 are
7present, the offense is committed during school hours, or the
8offense is committed at times when persons under the age of 18
9are reasonably expected to be present in the school, in the
10conveyance, on the real property, or on the public way, such as
11when after-school activities are occurring, is guilty of a
12Class A misdemeanor.
13(Source: P.A. 100-3, eff. 1-1-18.)
 
14    Section 10. The Illinois Controlled Substances Act is
15amended by changing Section 407 as follows:
 
16    (720 ILCS 570/407)  (from Ch. 56 1/2, par. 1407)
17    Sec. 407. (a)(1)(A) Any person 18 years of age or over who
18violates any subsection of Section 401 or subsection (b) of
19Section 404 by delivering a controlled, counterfeit or
20look-alike substance to a person under 18 years of age may be
21sentenced to imprisonment for a term up to twice the maximum
22term and fined an amount up to twice that amount otherwise
23authorized by the pertinent subsection of Section 401 and
24Subsection (b) of Section 404.

 

 

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1    (B) (Blank).
2    (2) Except as provided in paragraph (3) of this subsection,
3any person who violates:
4        (A) subsection (c) of Section 401 by delivering or
5    possessing with intent to deliver a controlled,
6    counterfeit, or look-alike substance in or on, or within
7    500 feet in a county with a population of 3,000,000 or more
8    or within 1,000 feet in any other county of, a truck stop
9    or safety rest area, is guilty of a Class 1 felony, the
10    fine for which shall not exceed $250,000;
11        (B) subsection (d) of Section 401 by delivering or
12    possessing with intent to deliver a controlled,
13    counterfeit, or look-alike substance in or on, or within
14    500 feet in a county with a population of 3,000,000 or more
15    or within 1,000 feet in any other county of, a truck stop
16    or safety rest area, is guilty of a Class 2 felony, the
17    fine for which shall not exceed $200,000;
18        (C) subsection (e) of Section 401 or subsection (b) of
19    Section 404 by delivering or possessing with intent to
20    deliver a controlled, counterfeit, or look-alike substance
21    in or on, or within 500 feet in a county with a population
22    of 3,000,000 or more or within 1,000 feet in any other
23    county of, a truck stop or safety rest area, is guilty of a
24    Class 3 felony, the fine for which shall not exceed
25    $150,000;
26        (D) subsection (f) of Section 401 by delivering or

 

 

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1    possessing with intent to deliver a controlled,
2    counterfeit, or look-alike substance in or on, or within
3    500 feet in a county with a population of 3,000,000 or more
4    or within 1,000 feet in any other county of, a truck stop
5    or safety rest area, is guilty of a Class 3 felony, the
6    fine for which shall not exceed $125,000;
7        (E) subsection (g) of Section 401 by delivering or
8    possessing with intent to deliver a controlled,
9    counterfeit, or look-alike substance in or on, or within
10    500 feet in a county with a population of 3,000,000 or more
11    or within 1,000 feet in any other county of, a truck stop
12    or safety rest area, is guilty of a Class 3 felony, the
13    fine for which shall not exceed $100,000;
14        (F) subsection (h) of Section 401 by delivering or
15    possessing with intent to deliver a controlled,
16    counterfeit, or look-alike substance in or on, or within
17    500 feet in a county with a population of 3,000,000 or more
18    or within 1,000 feet in any other county of, a truck stop
19    or safety rest area, is guilty of a Class 3 felony, the
20    fine for which shall not exceed $75,000;
21    (3) Any person who violates paragraph (2) of this
22subsection (a) by delivering or possessing with intent to
23deliver a controlled, counterfeit, or look-alike substance in
24or on, or within 500 feet in a county with a population of
253,000,000 or more or within 1,000 feet in any other county of a
26truck stop or a safety rest area, following a prior conviction

 

 

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1or convictions of paragraph (2) of this subsection (a) may be
2sentenced to a term of imprisonment up to 2 times the maximum
3term and fined an amount up to 2 times the amount otherwise
4authorized by Section 401.
5    (4) For the purposes of this subsection (a):
6        (A) "Safety rest area" means a roadside facility
7    removed from the roadway with parking and facilities
8    designed for motorists' rest, comfort, and information
9    needs; and
10        (B) "Truck stop" means any facility (and its parking
11    areas) used to provide fuel or service, or both, to any
12    commercial motor vehicle as defined in Section 18b-101 of
13    the Illinois Vehicle Code.
14    (b) Any person who violates:
15        (1) subsection (c) of Section 401 in any school, on or
16    within 500 feet in a county with a population of 3,000,000
17    or more or within 1,000 feet in any other county of the
18    real property comprising any school, or in any conveyance
19    owned, leased or contracted by a school to transport
20    students to or from school or a school related activity,
21    and at the time of the violation persons under the age of
22    18 are present, the offense is committed during school
23    hours, or the offense is committed at times when persons
24    under the age of 18 are reasonably expected to be present
25    in the school, in the conveyance, or on the real property,
26    such as when after-school activities are occurring, or in

 

 

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1    any public park or on or within 500 feet in a county with a
2    population of 3,000,000 or more or within 1,000 feet in any
3    other county of the real property comprising any public
4    park, on the real property comprising any church,
5    synagogue, or other building, structure, or place used
6    primarily for religious worship, or within 500 feet in a
7    county with a population of 3,000,000 or more or within
8    1,000 feet in any other county of the real property
9    comprising any church, synagogue, or other building,
10    structure, or place used primarily for religious worship,
11    on the real property comprising any of the following
12    places, buildings, or structures used primarily for
13    housing or providing space for activities for senior
14    citizens: nursing homes, assisted-living centers, senior
15    citizen housing complexes, or senior centers oriented
16    toward daytime activities, or within 500 feet in a county
17    with a population of 3,000,000 or more or within 1,000 feet
18    in any other county of the real property comprising any of
19    the following places, buildings, or structures used
20    primarily for housing or providing space for activities for
21    senior citizens: nursing homes, assisted-living centers,
22    senior citizen housing complexes, or senior centers
23    oriented toward daytime activities and at the time of the
24    violation persons are present or reasonably expected to be
25    present in the church, synagogue, or other building,
26    structure, or place used primarily for religious worship

 

 

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1    during worship services, or in buildings or structures used
2    primarily for housing or providing space for activities for
3    senior citizens: nursing homes, assisted-living centers,
4    senior citizen housing complexes, or senior centers
5    oriented toward daytime activities during the hours those
6    places, buildings, or structures are open for those
7    activities, or on the real property is guilty of a Class X
8    felony, the fine for which shall not exceed $500,000;
9        (2) subsection (d) of Section 401 in any school, on or
10    within 500 feet in a county with a population of 3,000,000
11    or more or within 1,000 feet in any other county of the
12    real property comprising any school, or in any conveyance
13    owned, leased or contracted by a school to transport
14    students to or from school or a school related activity,
15    and at the time of the violation persons under the age of
16    18 are present, the offense is committed during school
17    hours, or the offense is committed at times when persons
18    under the age of 18 are reasonably expected to be present
19    in the school, in the conveyance, or on the real property,
20    such as when after-school activities are occurring, or in
21    any public park or on or within 500 feet in a county with a
22    population of 3,000,000 or more or within 1,000 feet in any
23    other county of the real property comprising any public
24    park, on the real property comprising any church,
25    synagogue, or other building, structure, or place used
26    primarily for religious worship, or within 500 feet in a

 

 

HB4342- 10 -LRB100 17414 SLF 32581 b

1    county with a population of 3,000,000 or more or within
2    1,000 feet in any other county of the real property
3    comprising any church, synagogue, or other building,
4    structure, or place used primarily for religious worship,
5    on the real property comprising any of the following
6    places, buildings, or structures used primarily for
7    housing or providing space for activities for senior
8    citizens: nursing homes, assisted-living centers, senior
9    citizen housing complexes, or senior centers oriented
10    toward daytime activities, or within 500 feet in a county
11    with a population of 3,000,000 or more or within 1,000 feet
12    in any other county of the real property comprising any of
13    the following places, buildings, or structures used
14    primarily for housing or providing space for activities for
15    senior citizens: nursing homes, assisted-living centers,
16    senior citizen housing complexes, or senior centers
17    oriented toward daytime activities and at the time of the
18    violation persons are present or reasonably expected to be
19    present in the church, synagogue, or other building,
20    structure, or place used primarily for religious worship
21    during worship services, or in buildings or structures used
22    primarily for housing or providing space for activities for
23    senior citizens: nursing homes, assisted-living centers,
24    senior citizen housing complexes, or senior centers
25    oriented toward daytime activities during the hours those
26    places, buildings, or structures are open for those

 

 

HB4342- 11 -LRB100 17414 SLF 32581 b

1    activities, or on the real property is guilty of a Class 1
2    felony, the fine for which shall not exceed $250,000;
3        (3) subsection (e) of Section 401 or Subsection (b) of
4    Section 404 in any school, on or within 500 feet in a
5    county with a population of 3,000,000 or more or within
6    1,000 feet in any other county of the real property
7    comprising any school, or in any conveyance owned, leased
8    or contracted by a school to transport students to or from
9    school or a school related activity, and at the time of the
10    violation persons under the age of 18 are present, the
11    offense is committed during school hours, or the offense is
12    committed at times when persons under the age of 18 are
13    reasonably expected to be present in the school, in the
14    conveyance, or on the real property, such as when
15    after-school activities are occurring, or in any public
16    park or on or within 500 feet in a county with a population
17    of 3,000,000 or more or within 1,000 feet in any other
18    county of the real property comprising any public park, on
19    the real property comprising any church, synagogue, or
20    other building, structure, or place used primarily for
21    religious worship, or within 500 feet in a county with a
22    population of 3,000,000 or more or within 1,000 feet in any
23    other county of the real property comprising any church,
24    synagogue, or other building, structure, or place used
25    primarily for religious worship, on the real property
26    comprising any of the following places, buildings, or

 

 

HB4342- 12 -LRB100 17414 SLF 32581 b

1    structures used primarily for housing or providing space
2    for activities for senior citizens: nursing homes,
3    assisted-living centers, senior citizen housing complexes,
4    or senior centers oriented toward daytime activities, or
5    within 500 feet in a county with a population of 3,000,000
6    or more or within 1,000 feet in any other county of the
7    real property comprising any of the following places,
8    buildings, or structures used primarily for housing or
9    providing space for activities for senior citizens:
10    nursing homes, assisted-living centers, senior citizen
11    housing complexes, or senior centers oriented toward
12    daytime activities and at the time of the violation persons
13    are present or reasonably expected to be present in the
14    church, synagogue, or other building, structure, or place
15    used primarily for religious worship during worship
16    services, or in buildings or structures used primarily for
17    housing or providing space for activities for senior
18    citizens: nursing homes, assisted-living centers, senior
19    citizen housing complexes, or senior centers oriented
20    toward daytime activities during the hours those places,
21    buildings, or structures are open for those activities, or
22    on the real property is guilty of a Class 2 felony, the
23    fine for which shall not exceed $200,000;
24        (4) subsection (f) of Section 401 in any school, on or
25    within 500 feet in a county with a population of 3,000,000
26    or more or within 1,000 feet in any other county of the

 

 

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1    real property comprising any school, or in any conveyance
2    owned, leased or contracted by a school to transport
3    students to or from school or a school related activity,
4    and at the time of the violation persons under the age of
5    18 are present, the offense is committed during school
6    hours, or the offense is committed at times when persons
7    under the age of 18 are reasonably expected to be present
8    in the school, in the conveyance, or on the real property,
9    such as when after-school activities are occurring, or in
10    any public park or on or within 500 feet in a county with a
11    population of 3,000,000 or more or within 1,000 feet in any
12    other county of the real property comprising any public
13    park, on the real property comprising any church,
14    synagogue, or other building, structure, or place used
15    primarily for religious worship, or within 500 feet in a
16    county with a population of 3,000,000 or more or within
17    1,000 feet in any other county of the real property
18    comprising any church, synagogue, or other building,
19    structure, or place used primarily for religious worship,
20    on the real property comprising any of the following
21    places, buildings, or structures used primarily for
22    housing or providing space for activities for senior
23    citizens: nursing homes, assisted-living centers, senior
24    citizen housing complexes, or senior centers oriented
25    toward daytime activities, or within 500 feet in a county
26    with a population of 3,000,000 or more or within 1,000 feet

 

 

HB4342- 14 -LRB100 17414 SLF 32581 b

1    in any other county of the real property comprising any of
2    the following places, buildings, or structures used
3    primarily for housing or providing space for activities for
4    senior citizens: nursing homes, assisted-living centers,
5    senior citizen housing complexes, or senior centers
6    oriented toward daytime activities and at the time of the
7    violation persons are present or reasonably expected to be
8    present in the church, synagogue, or other building,
9    structure, or place used primarily for religious worship
10    during worship services, or in buildings or structures used
11    primarily for housing or providing space for activities for
12    senior citizens: nursing homes, assisted-living centers,
13    senior citizen housing complexes, or senior centers
14    oriented toward daytime activities during the hours those
15    places, buildings, or structures are open for those
16    activities, or on the real property is guilty of a Class 2
17    felony, the fine for which shall not exceed $150,000;
18        (5) subsection (g) of Section 401 in any school, on or
19    within 500 feet in a county with a population of 3,000,000
20    or more or within 1,000 feet in any other county of the
21    real property comprising any school, or in any conveyance
22    owned, leased or contracted by a school to transport
23    students to or from school or a school related activity,
24    and at the time of the violation persons under the age of
25    18 are present, the offense is committed during school
26    hours, or the offense is committed at times when persons

 

 

HB4342- 15 -LRB100 17414 SLF 32581 b

1    under the age of 18 are reasonably expected to be present
2    in the school, in the conveyance, or on the real property,
3    such as when after-school activities are occurring, or in
4    any public park or on or within 500 feet in a county with a
5    population of 3,000,000 or more or within 1,000 feet in any
6    other county of the real property comprising any public
7    park, on the real property comprising any church,
8    synagogue, or other building, structure, or place used
9    primarily for religious worship, or within 500 feet in a
10    county with a population of 3,000,000 or more or within
11    1,000 feet in any other county of the real property
12    comprising any church, synagogue, or other building,
13    structure, or place used primarily for religious worship,
14    on the real property comprising any of the following
15    places, buildings, or structures used primarily for
16    housing or providing space for activities for senior
17    citizens: nursing homes, assisted-living centers, senior
18    citizen housing complexes, or senior centers oriented
19    toward daytime activities, or within 500 feet in a county
20    with a population of 3,000,000 or more or within 1,000 feet
21    in any other county of the real property comprising any of
22    the following places, buildings, or structures used
23    primarily for housing or providing space for activities for
24    senior citizens: nursing homes, assisted-living centers,
25    senior citizen housing complexes, or senior centers
26    oriented toward daytime activities and at the time of the

 

 

HB4342- 16 -LRB100 17414 SLF 32581 b

1    violation persons are present or reasonably expected to be
2    present in the church, synagogue, or other building,
3    structure, or place used primarily for religious worship
4    during worship services, or in buildings or structures used
5    primarily for housing or providing space for activities for
6    senior citizens: nursing homes, assisted-living centers,
7    senior citizen housing complexes, or senior centers
8    oriented toward daytime activities during the hours those
9    places, buildings, or structures are open for those
10    activities, or on the real property is guilty of a Class 2
11    felony, the fine for which shall not exceed $125,000;
12        (6) subsection (h) of Section 401 in any school, on or
13    within 500 feet in a county with a population of 3,000,000
14    or more or within 1,000 feet in any other county of the
15    real property comprising any school, or in any conveyance
16    owned, leased or contracted by a school to transport
17    students to or from school or a school related activity,
18    and at the time of the violation persons under the age of
19    18 are present, the offense is committed during school
20    hours, or the offense is committed at times when persons
21    under the age of 18 are reasonably expected to be present
22    in the school, in the conveyance, or on the real property,
23    such as when after-school activities are occurring, or in
24    any public park or on or within 500 feet in a county with a
25    population of 3,000,000 or more or within 1,000 feet in any
26    other county of the real property comprising any public

 

 

HB4342- 17 -LRB100 17414 SLF 32581 b

1    park, on the real property comprising any church,
2    synagogue, or other building, structure, or place used
3    primarily for religious worship, or within 500 feet in a
4    county with a population of 3,000,000 or more or within
5    1,000 feet in any other county of the real property
6    comprising any church, synagogue, or other building,
7    structure, or place used primarily for religious worship,
8    on the real property comprising any of the following
9    places, buildings, or structures used primarily for
10    housing or providing space for activities for senior
11    citizens: nursing homes, assisted-living centers, senior
12    citizen housing complexes, or senior centers oriented
13    toward daytime activities, or within 500 feet in a county
14    with a population of 3,000,000 or more or within 1,000 feet
15    in any other county of the real property comprising any of
16    the following places, buildings, or structures used
17    primarily for housing or providing space for activities for
18    senior citizens: nursing homes, assisted-living centers,
19    senior citizen housing complexes, or senior centers
20    oriented toward daytime activities and at the time of the
21    violation persons are present or reasonably expected to be
22    present in the church, synagogue, or other building,
23    structure, or place used primarily for religious worship
24    during worship services, or in buildings or structures used
25    primarily for housing or providing space for activities for
26    senior citizens: nursing homes, assisted-living centers,

 

 

HB4342- 18 -LRB100 17414 SLF 32581 b

1    senior citizen housing complexes, or senior centers
2    oriented toward daytime activities during the hours those
3    places, buildings, or structures are open for those
4    activities, or on the real property is guilty of a Class 2
5    felony, the fine for which shall not exceed $100,000.
6    (c) Regarding penalties prescribed in subsection (b) for
7violations committed in a school or on or within 500 feet in a
8county with a population of 3,000,000 or more or within 1,000
9feet in any other county of school property, the time of day
10and time of year at the time of the offense is irrelevant.
11(Source: P.A. 100-3, eff. 1-1-18.)
 
12    Section 15. The Methamphetamine Control and Community
13Protection Act is amended by changing Section 15 as follows:
 
14    (720 ILCS 646/15)
15    Sec. 15. Participation in methamphetamine manufacturing.
16    (a) Participation in methamphetamine manufacturing.
17        (1) It is unlawful to knowingly participate in the
18    manufacture of methamphetamine with the intent that
19    methamphetamine or a substance containing methamphetamine
20    be produced.
21        (2) A person who violates paragraph (1) of this
22    subsection (a) is subject to the following penalties:
23            (A) A person who participates in the manufacture of
24        less than 15 grams of methamphetamine or a substance

 

 

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1        containing methamphetamine is guilty of a Class 1
2        felony.
3            (B) A person who participates in the manufacture of
4        15 or more grams but less than 100 grams of
5        methamphetamine or a substance containing
6        methamphetamine is guilty of a Class X felony, subject
7        to a term of imprisonment of not less than 6 years and
8        not more than 30 years, and subject to a fine not to
9        exceed $100,000 or the street value of the
10        methamphetamine manufactured, whichever is greater.
11            (C) A person who participates in the manufacture of
12        100 or more grams but less than 400 grams of
13        methamphetamine or a substance containing
14        methamphetamine is guilty of a Class X felony, subject
15        to a term of imprisonment of not less than 9 years and
16        not more than 40 years, and subject to a fine not to
17        exceed $200,000 or the street value of the
18        methamphetamine manufactured, whichever is greater.
19            (D) A person who participates in the manufacture of
20        400 or more grams but less than 900 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class X felony, subject
23        to a term of imprisonment of not less than 12 years and
24        not more than 50 years, and subject to a fine not to
25        exceed $300,000 or the street value of the
26        methamphetamine manufactured, whichever is greater.

 

 

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1            (E) A person who participates in the manufacture of
2        900 grams or more of methamphetamine or a substance
3        containing methamphetamine is guilty of a Class X
4        felony, subject to a term of imprisonment of not less
5        than 15 years and not more than 60 years, and subject
6        to a fine not to exceed $400,000 or the street value of
7        the methamphetamine, whichever is greater.
8    (b) Aggravated participation in methamphetamine
9manufacturing.
10        (1) It is unlawful to engage in aggravated
11    participation in the manufacture of methamphetamine. A
12    person engages in aggravated participation in the
13    manufacture of methamphetamine when the person violates
14    paragraph (1) of subsection (a) and:
15            (A) the person knowingly does so in a multi-unit
16        dwelling;
17            (B) the person knowingly does so in a structure or
18        vehicle where a child under the age of 18, a person
19        with a disability, or a person 60 years of age or older
20        who is incapable of adequately providing for his or her
21        own health and personal care resides, is present, or is
22        endangered by the manufacture of methamphetamine;
23            (C) the person does so in a structure or vehicle
24        where a woman the person knows to be pregnant
25        (including but not limited to the person herself)
26        resides, is present, or is endangered by the

 

 

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1        methamphetamine manufacture;
2            (D) the person knowingly does so in a structure or
3        vehicle protected by one or more firearms, explosive
4        devices, booby traps, alarm systems, surveillance
5        systems, guard dogs, or dangerous animals;
6            (E) the methamphetamine manufacturing in which the
7        person participates is a contributing cause of the
8        death, serious bodily injury, disability, or
9        disfigurement of another person, including but not
10        limited to an emergency service provider;
11            (F) the methamphetamine manufacturing in which the
12        person participates is a contributing cause of a fire
13        or explosion that damages property belonging to
14        another person;
15            (G) the person knowingly organizes, directs, or
16        finances the methamphetamine manufacturing or
17        activities carried out in support of the
18        methamphetamine manufacturing; or
19            (H) the methamphetamine manufacturing occurs
20        within 500 feet in a county with a population of
21        3,000,000 or more or within 1,000 feet in any other
22        county of a place of worship or parsonage, or within
23        500 feet in a county with a population of 3,000,000 or
24        more or within 1,000 feet in any other county of the
25        real property comprising any school at a time when
26        children, clergy, patrons, staff, or other persons are

 

 

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1        present or any activity sanctioned by the place of
2        worship or parsonage or school is taking place.
3        (2) A person who violates paragraph (1) of this
4    subsection (b) is subject to the following penalties:
5            (A) A person who participates in the manufacture of
6        less than 15 grams of methamphetamine or a substance
7        containing methamphetamine is guilty of a Class X
8        felony, subject to a term of imprisonment of not less
9        than 6 years and not more than 30 years, and subject to
10        a fine not to exceed $100,000 or the street value of
11        the methamphetamine, whichever is greater.
12            (B) A person who participates in the manufacture of
13        15 or more grams but less than 100 grams of
14        methamphetamine or a substance containing
15        methamphetamine is guilty of a Class X felony, subject
16        to a term of imprisonment of not less than 9 years and
17        not more than 40 years, and subject to a fine not to
18        exceed $200,000 or the street value of the
19        methamphetamine, whichever is greater.
20            (C) A person who participates in the manufacture of
21        100 or more grams but less than 400 grams of
22        methamphetamine or a substance containing
23        methamphetamine is guilty of a Class X felony, subject
24        to a term of imprisonment of not less than 12 years and
25        not more than 50 years, and subject to a fine not to
26        exceed $300,000 or the street value of the

 

 

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1        methamphetamine, whichever is greater.
2            (D) A person who participates in the manufacture of
3        400 grams or more of methamphetamine or a substance
4        containing methamphetamine is guilty of a Class X
5        felony, subject to a term of imprisonment of not less
6        than 15 years and not more than 60 years, and subject
7        to a fine not to exceed $400,000 or the street value of
8        the methamphetamine, whichever is greater.
9(Source: P.A. 100-3, eff. 1-1-18.)