100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5762

 

Introduced , by Rep. Natalie Phelps Finnie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 646/55

    Amends the Methamphetamine Control and Community Protection Act. Provides for increased penalties for delivery of methamphetamine and aggravated delivery of methamphetamine if the violation occurs in a protected place, such as a school; public park; synagogue, church, or other place primarily used for religious worship; or buildings or structures used primarily for housing or providing space for activities for senior citizens.


LRB100 20616 SLF 36038 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5762LRB100 20616 SLF 36038 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 Methamphetamine Control and Community
5Protection Act is amended by changing Section 55 as follows:
 
6    (720 ILCS 646/55)
7    Sec. 55. Methamphetamine delivery.
8    (a) Delivery or possession with intent to deliver
9methamphetamine or a substance containing methamphetamine.
10        (1) It is unlawful knowingly to engage in the delivery
11    or possession with intent to deliver methamphetamine or a
12    substance containing methamphetamine.
13        (2) A person who violates paragraph (1) of this
14    subsection (a) is subject to the following penalties:
15            (A) A person who delivers or possesses with intent
16        to deliver less than 5 grams of methamphetamine or a
17        substance containing methamphetamine is guilty of a
18        Class 2 felony.
19            (B) A person who delivers or possesses with intent
20        to deliver 5 or more grams but less than 15 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class 1 felony.
23            (C) A person who delivers or possesses with intent

 

 

HB5762- 2 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 3 -LRB100 20616 SLF 36038 b

1        Class X felony, subject to a term of imprisonment of
2        not less than 15 years and not more than 60 years, and
3        subject to a fine not to exceed $400,000 or the street
4        value of the methamphetamine, whichever is greater.
5    (a-5) A person who violates:
6        (1) subparagraph (A) of paragraph (2) of subsection (a)
7    of this Section in any school, on or within 500 feet of the
8    real property comprising any school, or in any conveyance
9    owned, leased, or contracted by a school to transport
10    students to or from school or a school related activity,
11    and at the time of the violation persons under the age of
12    18 are present, the offense is committed during school
13    hours, or the offense is committed at times when persons
14    under the age of 18 are reasonably expected to be present
15    in the school, in the conveyance, or on the real property,
16    such as when after-school activities are occurring, or in
17    any public park or on or within 500 feet of the real
18    property comprising any public park, on the real property
19    comprising any church, synagogue, or other building,
20    structure, or place used primarily for religious worship,
21    or within 500 feet of the real property comprising any
22    church, synagogue, or other building, structure, or place
23    used primarily for religious worship, or on the real
24    property comprising any of the following places: buildings
25    or structures used primarily for housing or providing space
26    for activities for senior citizens, nursing homes,

 

 

HB5762- 4 -LRB100 20616 SLF 36038 b

1    assisted-living centers, senior citizen housing complexes,
2    or senior centers oriented toward daytime activities, or
3    within 500 feet of the real property comprising any of the
4    following places: buildings or structures used primarily
5    for housing or providing space for activities for senior
6    citizens, nursing homes, assisted-living centers, senior
7    citizen housing complexes, or senior centers oriented
8    toward daytime activities and at the time of the violation
9    persons are present or reasonably expected to be present in
10    the church, synagogue, or other building, structure, or
11    place used primarily for religious worship during worship
12    services, or in 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 during the hours those places,
17    buildings, or structures are open for those activities, or
18    on the real property is guilty of a Class 1 felony;
19        (2) subparagraph (B) of paragraph (2) of subsection (a)
20    of this Section in any school, on or within 500 feet 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

 

 

HB5762- 5 -LRB100 20616 SLF 36038 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 of the real
5    property comprising any public park, on the real property
6    comprising any church, synagogue, or other building,
7    structure, or place used primarily for religious worship,
8    or within 500 feet of the real property comprising any
9    church, synagogue, or other building, structure, or place
10    used primarily for religious worship, or on the real
11    property comprising any of the following places: buildings
12    or structures used primarily for housing or providing space
13    for activities for senior citizens, nursing homes,
14    assisted-living centers, senior citizen housing complexes,
15    or senior centers oriented toward daytime activities, or
16    within 500 feet of the real property comprising any of the
17    following places: buildings or structures used primarily
18    for housing or providing space for activities for senior
19    citizens, nursing homes, assisted-living centers, senior
20    citizen housing complexes, or senior centers oriented
21    toward daytime activities and at the time of the violation
22    persons are present or reasonably expected to be present in
23    the church, synagogue, or other building, structure, or
24    place used primarily for religious worship during worship
25    services, or in buildings or structures used primarily for
26    housing or providing space for activities for senior

 

 

HB5762- 6 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 7 -LRB100 20616 SLF 36038 b

1    assisted-living centers, senior citizen housing complexes,
2    or senior centers oriented toward daytime activities, or
3    within 500 feet of the real property comprising any of the
4    following places: buildings or structures used primarily
5    for housing or providing space for activities for senior
6    citizens, nursing homes, assisted-living centers, senior
7    citizen housing complexes, or senior centers oriented
8    toward daytime activities and at the time of the violation
9    persons are present or reasonably expected to be present in
10    the church, synagogue, or other building, structure, or
11    place used primarily for religious worship during worship
12    services, or in 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 during the hours those places,
17    buildings, or structures are open for those activities, or
18    on the real property is guilty of a Class X felony for
19    which the defendant shall be sentenced to a term of
20    imprisonment of not less than 8 years and not more than 32
21    years;
22        (4) subparagraph (D) of paragraph (2) of subsection (a)
23    of this Section in any school, on or within 500 feet of the
24    real property comprising any school, or in any conveyance
25    owned, leased, or contracted by a school to transport
26    students to or from school or a school related activity,

 

 

HB5762- 8 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 9 -LRB100 20616 SLF 36038 b

1    place used primarily for religious worship during worship
2    services, or in buildings or structures used primarily for
3    housing or providing space for activities for senior
4    citizens: nursing homes, assisted-living centers, senior
5    citizen housing complexes, or senior centers oriented
6    toward daytime activities during the hours those places,
7    buildings, or structures are open for those activities, or
8    on the real property is guilty of a Class X felony, for
9    which the defendant shall be sentenced to a term of
10    imprisonment of not less than 11 years and not more than 42
11    years;
12        (5) subparagraph (E) of paragraph (2) of subsection (a)
13    of this Section in any school, on or within 500 feet of the
14    real property comprising any school, or in any conveyance
15    owned, leased, or contracted by a school to transport
16    students to or from school or a school related activity,
17    and at the time of the violation persons under the age of
18    18 are present, the offense is committed during school
19    hours, or the offense is committed at times when persons
20    under the age of 18 are reasonably expected to be present
21    in the school, in the conveyance, or on the real property,
22    such as when after-school activities are occurring, or in
23    any public park or on or within 500 feet of the real
24    property comprising any public park, on the real property
25    comprising any church, synagogue, or other building,
26    structure, or place used primarily for religious worship,

 

 

HB5762- 10 -LRB100 20616 SLF 36038 b

1    or within 500 feet of the real property comprising any
2    church, synagogue, or other building, structure, or place
3    used primarily for religious worship, or on the real
4    property comprising any of the following places: buildings
5    or structures used primarily for housing or providing space
6    for activities for senior citizens, nursing homes,
7    assisted-living centers, senior citizen housing complexes,
8    or senior centers oriented toward daytime activities, or
9    within 500 feet of the real property comprising any of the
10    following places: buildings or structures used primarily
11    for housing or providing space for activities for senior
12    citizens, nursing homes, assisted-living centers, senior
13    citizen housing complexes, or senior centers oriented
14    toward daytime activities and at the time of the violation
15    persons are present or reasonably expected to be present in
16    the church, synagogue, or other building, structure, or
17    place used primarily for religious worship during worship
18    services, or in buildings or structures used primarily for
19    housing or providing space for activities for senior
20    citizens: nursing homes, assisted-living centers, senior
21    citizen housing complexes, or senior centers oriented
22    toward daytime activities during the hours those places,
23    buildings, or structures are open for those activities, or
24    on the real property is guilty of a Class X felony, for
25    which the defendant shall be sentenced to a term of
26    imprisonment of not less than 14 years and not more than 52

 

 

HB5762- 11 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 12 -LRB100 20616 SLF 36038 b

1    for housing or providing space for activities for senior
2    citizens, nursing homes, assisted-living centers, senior
3    citizen housing complexes, or senior centers oriented
4    toward daytime activities and at the time of the violation
5    persons are present or reasonably expected to be present in
6    the church, synagogue, or other building, structure, or
7    place used primarily for religious worship during worship
8    services, or in buildings or structures used primarily for
9    housing or providing space for activities for senior
10    citizens: nursing homes, assisted-living centers, senior
11    citizen housing complexes, or senior centers oriented
12    toward daytime activities during the hours those places,
13    buildings, or structures are open for those activities, or
14    on the real property is guilty of a Class X felony, for
15    which the defendant shall be sentenced to a term of
16    imprisonment of not less than 17 years and not more than 62
17    years.
18    (b) Aggravated delivery or possession with intent to
19deliver methamphetamine or a substance containing
20methamphetamine.
21        (1) It is unlawful to engage in the aggravated delivery
22    or possession with intent to deliver methamphetamine or a
23    substance containing methamphetamine. A person engages in
24    the aggravated delivery or possession with intent to
25    deliver methamphetamine or a substance containing
26    methamphetamine when the person violates paragraph (1) of

 

 

HB5762- 13 -LRB100 20616 SLF 36038 b

1    subsection (a) of this Section and:
2            (A) the person is at least 18 years of age and
3        knowingly delivers or possesses with intent to deliver
4        the methamphetamine or substance containing
5        methamphetamine to a person under 18 years of age;
6            (B) the person is at least 18 years of age and
7        knowingly uses, engages, employs, or causes another
8        person to use, engage, or employ a person under 18
9        years of age to deliver the methamphetamine or
10        substance containing methamphetamine;
11            (C) the person knowingly delivers or possesses
12        with intent to deliver the methamphetamine or
13        substance containing methamphetamine in any structure
14        or vehicle protected by one or more firearms, explosive
15        devices, booby traps, alarm systems, surveillance
16        systems, guard dogs, or dangerous animals;
17            (D) the person knowingly delivers or possesses
18        with intent to deliver the methamphetamine or
19        substance containing methamphetamine in any school, on
20        any real property comprising any school, or in any
21        conveyance owned, leased, or contracted by a school to
22        transport students to or from school or a
23        school-related activity and at the time of the
24        violation persons under the age of 18 are present, the
25        offense is committed during school hours, or the
26        offense is committed at times when persons under the

 

 

HB5762- 14 -LRB100 20616 SLF 36038 b

1        age of 18 are reasonably expected to be present in the
2        school, in the conveyance, or on the real property,
3        such as when after-school activities are occurring;
4            (E) the person delivers or causes another person to
5        deliver the methamphetamine or substance containing
6        methamphetamine to a woman that the person knows to be
7        pregnant; or
8            (F) (blank).
9        (2) A person who violates paragraph (1) of this
10    subsection (b) is subject to the following penalties:
11            (A) A person who delivers or possesses with intent
12        to deliver less than 5 grams of methamphetamine or a
13        substance containing methamphetamine is guilty of a
14        Class 1 felony.
15            (B) A person who delivers or possesses with intent
16        to deliver 5 or more grams but less than 15 grams of
17        methamphetamine or a substance containing
18        methamphetamine is guilty of a Class X felony, subject
19        to a term of imprisonment of not less than 6 years and
20        not more than 30 years, and subject to a fine not to
21        exceed $100,000 or the street value of the
22        methamphetamine, whichever is greater.
23            (C) A person who delivers or possesses with intent
24        to deliver 15 or more grams but less than 100 grams of
25        methamphetamine or a substance containing
26        methamphetamine is guilty of a Class X felony, subject

 

 

HB5762- 15 -LRB100 20616 SLF 36038 b

1        to a term of imprisonment of not less than 8 years and
2        not more than 40 years, and subject to a fine not to
3        exceed $200,000 or the street value of the
4        methamphetamine, whichever is greater.
5            (D) A person who delivers or possesses with intent
6        to deliver 100 or more grams of methamphetamine or a
7        substance containing methamphetamine is guilty of a
8        Class X felony, subject to a term of imprisonment of
9        not less than 10 years and not more than 50 years, and
10        subject to a fine not to exceed $300,000 or the street
11        value of the methamphetamine, whichever is greater.
12    (c) A person who violates:
13        (1) subparagraph (A) of paragraph (2) of subsection (b)
14    of this Section in any school, on or within 500 feet 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 of the real
25    property comprising any public park, on the real property
26    comprising any church, synagogue, or other building,

 

 

HB5762- 16 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 17 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 18 -LRB100 20616 SLF 36038 b

1    citizen housing complexes, or senior centers oriented
2    toward daytime activities and at the time of the violation
3    persons are present or reasonably expected to be present in
4    the church, synagogue, or other building, structure, or
5    place used primarily for religious worship during worship
6    services, or in 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 during the hours those places,
11    buildings, or structures are open for those activities, or
12    on the real property is guilty of a Class X felony, for
13    which the defendant shall be sentenced to a term of
14    imprisonment of not less than 8 years and not more than 32
15    years;
16        (3) subparagraph (C) of paragraph (2) of subsection (b)
17    of this Section in any school, on or within 500 feet 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

 

 

HB5762- 19 -LRB100 20616 SLF 36038 b

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

 

 

HB5762- 20 -LRB100 20616 SLF 36038 b

1    buildings, or structures are open for those activities, or
2    on the real property is guilty of a Class X felony, for
3    which the defendant shall be sentenced to a term of
4    imprisonment of not less than 10 years and not more than 42
5    years; and
6        (4) subparagraph (D) of paragraph (2) of subsection (b)
7    of this Section in any school, on or within 500 feet of the
8    real property comprising any school, or in any conveyance
9    owned, leased, or contracted by a school to transport
10    students to or from school or a school related activity,
11    and at the time of the violation persons under the age of
12    18 are present, the offense is committed during school
13    hours, or the offense is committed at times when persons
14    under the age of 18 are reasonably expected to be present
15    in the school, in the conveyance, or on the real property,
16    such as when after-school activities are occurring, or in
17    any public park or on or within 500 feet of the real
18    property comprising any public park, on the real property
19    comprising any church, synagogue, or other building,
20    structure, or place used primarily for religious worship,
21    or within 500 feet of the real property comprising any
22    church, synagogue, or other building, structure, or place
23    used primarily for religious worship, or on the real
24    property comprising any of the following places: buildings
25    or structures used primarily for housing or providing space
26    for activities for senior citizens, nursing homes,

 

 

HB5762- 21 -LRB100 20616 SLF 36038 b

1    assisted-living centers, senior citizen housing complexes,
2    or senior centers oriented toward daytime activities, or
3    within 500 feet of the real property comprising any of the
4    following places: buildings or structures used primarily
5    for housing or providing space for activities for senior
6    citizens, nursing homes, assisted-living centers, senior
7    citizen housing complexes, or senior centers oriented
8    toward daytime activities and at the time of the violation
9    persons are present or reasonably expected to be present in
10    the church, synagogue, or other building, structure, or
11    place used primarily for religious worship during worship
12    services, or in 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 during the hours those places,
17    buildings, or structures are open for those activities, or
18    on the real property is guilty of a Class X felony, for
19    which the defendant shall be sentenced to a term of
20    imprisonment of not less than 12 years and not more than 52
21    years.
22(Source: P.A. 100-3, eff. 1-1-18.)