|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4221 Introduced 11/14/2022, by Sen. Sally J. Turner - Sue Rezin SYNOPSIS AS INTRODUCED: |
|
720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 |
720 ILCS 570/401.1 | from Ch. 56 1/2, par. 1401.1 |
|
Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".
|
| |
| | A BILL FOR |
|
|
| | SB4221 | | LRB102 28263 RLC 40134 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Controlled Substances Act is |
5 | | amended by changing Sections 401 and 401.1 as follows:
|
6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
7 | | Sec. 401. Manufacture or delivery, or possession with |
8 | | intent to
manufacture or deliver, a controlled substance, a |
9 | | counterfeit substance, or controlled substance analog. Except |
10 | | as authorized by this Act, it is unlawful for any
person |
11 | | knowingly to manufacture or deliver, or possess with intent to
|
12 | | manufacture or deliver, a controlled substance other than |
13 | | methamphetamine and other than bath salts as defined in the |
14 | | Bath Salts Prohibition Act sold or offered for sale in a retail |
15 | | mercantile establishment as defined in Section 16-0.1 of the |
16 | | Criminal Code of 2012, a counterfeit substance, or a |
17 | | controlled
substance analog. A violation of this Act with |
18 | | respect to each of the controlled
substances listed herein |
19 | | constitutes a single and separate violation of this
Act. For |
20 | | purposes of this Section, "controlled substance analog" or |
21 | | "analog"
means a substance, other than a controlled substance, |
22 | | which is not approved by the United States Food and Drug |
23 | | Administration or, if approved, is not dispensed or possessed |
|
| | SB4221 | - 2 - | LRB102 28263 RLC 40134 b |
|
|
1 | | in accordance with State or federal law, and that has a |
2 | | chemical structure substantially similar to that of a |
3 | | controlled
substance in Schedule I or II, or that was |
4 | | specifically designed to produce
an effect substantially |
5 | | similar to that of a controlled substance in Schedule
I or II. |
6 | | Examples of chemical classes in which controlled substance |
7 | | analogs
are found include, but are not limited to, the |
8 | | following: phenethylamines,
N-substituted piperidines, |
9 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
10 | | and arylcycloalkylamines. For purposes of this Act, a |
11 | | controlled
substance analog shall be treated in the same |
12 | | manner as the controlled
substance to which it is |
13 | | substantially similar.
|
14 | | (a) Any person who violates this Section with respect to |
15 | | the following
amounts of controlled or counterfeit substances |
16 | | or controlled substance
analogs, notwithstanding any of the |
17 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
18 | | contrary, is guilty of a Class X felony
and shall be sentenced |
19 | | to a term of imprisonment as provided in this subsection
(a) |
20 | | and fined as provided in subsection (b):
|
21 | | (1)(A) not less than 6 years and not more than 30 years |
22 | | with respect
to 15 grams or more but less than 100 grams of |
23 | | a substance containing
heroin, or an analog thereof;
|
24 | | (B) not less than 9 years and not more than 40 years |
25 | | with respect to 100
grams or more but less than 400 grams |
26 | | of a substance containing heroin, or
an analog thereof;
|
|
| | SB4221 | - 3 - | LRB102 28263 RLC 40134 b |
|
|
1 | | (C) not less than 12 years and not more than 50 years |
2 | | with respect to
400 grams or more but less than 900 grams |
3 | | of a substance containing heroin,
or an analog thereof;
|
4 | | (D) not less than 15 years and not more than 60 years |
5 | | with respect to
900 grams or more of any substance |
6 | | containing heroin, or an analog thereof;
|
7 | | (1.5)(A) not less than 6 years and not more than 30 |
8 | | years with respect to 15 grams or more but less than 100 |
9 | | grams of a substance containing fentanyl, or an analog |
10 | | thereof; |
11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect to 100 grams or more but less than 400 grams |
13 | | of a substance containing fentanyl, or an analog thereof; |
14 | | (C) not less than 12 years and not more than 50 years |
15 | | with respect to 400 grams or more but less than 900 grams |
16 | | of a substance containing fentanyl, or an analog thereof; |
17 | | (D) not less than 15 years and not more than 60 years |
18 | | with respect to 900 grams or more of a substance |
19 | | containing fentanyl, or an analog thereof; |
20 | | (2)(A) not less than 6 years and not more than 30 years |
21 | | with respect
to 15 grams or more but less than 100 grams of |
22 | | a substance containing
cocaine, or an analog thereof;
|
23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to 100
grams or more but less than 400 grams |
25 | | of a substance containing cocaine, or
an analog thereof;
|
26 | | (C) not less than 12 years and not more than 50 years |
|
| | SB4221 | - 4 - | LRB102 28263 RLC 40134 b |
|
|
1 | | with respect to
400 grams or more but less than 900 grams |
2 | | of a substance containing cocaine,
or an analog thereof;
|
3 | | (D) not less than 15 years and not more than 60 years |
4 | | with respect to
900 grams or more of any substance |
5 | | containing cocaine, or an analog thereof;
|
6 | | (3)(A) not less than 6 years and not more than 30 years |
7 | | with respect
to 15 grams or more but less than 100 grams of |
8 | | a substance containing
morphine, or an analog thereof;
|
9 | | (B) not less than 9 years and not more than 40 years |
10 | | with respect to
100 grams or more but less than 400 grams |
11 | | of a substance containing morphine,
or an analog thereof;
|
12 | | (C) not less than 12 years and not more than 50 years |
13 | | with respect to
400 grams or more but less than 900 grams |
14 | | of a substance containing
morphine, or an analog thereof;
|
15 | | (D) not less than 15 years and not more than 60 years |
16 | | with respect to
900 grams or more of a substance |
17 | | containing morphine, or an analog thereof;
|
18 | | (4) 200 grams or more of any substance containing |
19 | | peyote, or an
analog thereof;
|
20 | | (5) 200 grams or more of any substance containing a |
21 | | derivative of
barbituric acid or any of the salts of a |
22 | | derivative of barbituric acid, or
an analog thereof;
|
23 | | (6) 200 grams or more of any substance containing |
24 | | amphetamine
or any salt of an optical isomer of |
25 | | amphetamine,
or an analog thereof;
|
26 | | (6.5) (blank);
|
|
| | SB4221 | - 5 - | LRB102 28263 RLC 40134 b |
|
|
1 | | (6.6) (blank);
|
2 | | (7)(A) not less than 6 years and not more than 30 years |
3 | | with respect
to: (i) 15 grams or more but less than 100 |
4 | | grams of a substance containing
lysergic acid diethylamide |
5 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or |
6 | | 15 or more segregated parts of an object or objects but
|
7 | | less than 200 objects or 200 segregated parts of an object |
8 | | or objects
containing in them or having upon them any |
9 | | amounts of any substance
containing lysergic acid |
10 | | diethylamide (LSD), or an analog thereof;
|
11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect
to: (i) 100 grams or more but less than 400 |
13 | | grams of a substance containing
lysergic acid diethylamide |
14 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or |
15 | | 200 or more segregated parts of an object or objects but |
16 | | less
than 600 objects or less than 600 segregated parts of |
17 | | an object or objects
containing in them or having upon |
18 | | them any amount of any substance
containing lysergic acid |
19 | | diethylamide (LSD), or an analog thereof;
|
20 | | (C) not less than 12 years and not more than 50 years |
21 | | with respect
to: (i) 400 grams or more but less than 900 |
22 | | grams of a substance containing
lysergic acid diethylamide |
23 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or |
24 | | 600 or more segregated parts of an object or objects but |
25 | | less
than 1500 objects or 1500 segregated parts of an |
26 | | object or objects
containing in them or having upon them |
|
| | SB4221 | - 6 - | LRB102 28263 RLC 40134 b |
|
|
1 | | any amount of any substance
containing lysergic acid |
2 | | diethylamide (LSD), or an analog thereof;
|
3 | | (D) not less than 15 years and not more than 60 years |
4 | | with respect
to: (i) 900 grams or more of any substance |
5 | | containing lysergic acid
diethylamide (LSD), or an analog |
6 | | thereof, or (ii) 1500 or more objects or
1500 or more |
7 | | segregated parts of an object or objects containing in |
8 | | them or
having upon them any amount of a substance |
9 | | containing lysergic acid
diethylamide (LSD), or an analog |
10 | | thereof;
|
11 | | (7.5)(A) not less than 6 years and not more than 30 years |
12 | | with respect
to:
(i) 15
grams or more but less than 100 |
13 | | grams of a substance listed in paragraph (1),
(2), (2.1), |
14 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
15 | | (26) of subsection
(d) of Section 204, or an analog or |
16 | | derivative thereof, or (ii) 15 or more
pills, tablets, |
17 | | caplets, capsules, or objects but less than 200 pills, |
18 | | tablets,
caplets, capsules, or objects containing in them |
19 | | or having upon them any
amounts of any substance listed in |
20 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), |
21 | | (20.1), (21), (25), or (26) of subsection (d) of Section |
22 | | 204, or
an analog or derivative thereof;
|
23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to:
(i) 100 grams or more but less than 400 |
25 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
26 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or |
|
| | SB4221 | - 7 - | LRB102 28263 RLC 40134 b |
|
|
1 | | (26) of subsection (d) of Section 204, or an analog or
|
2 | | derivative thereof, or (ii) 200 or more pills, tablets, |
3 | | caplets, capsules, or
objects but less than 600 pills, |
4 | | tablets, caplets, capsules, or objects
containing in them |
5 | | or having upon them any amount of any substance listed in
|
6 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
7 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
8 | | 204, or an analog or derivative thereof;
|
9 | | (C) not less than 12 years and not more than 50 years |
10 | | with respect to:
(i) 400 grams or more but less than 900 |
11 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
12 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
13 | | (26)
of subsection (d) of Section 204, or an analog or |
14 | | derivative thereof,
or (ii) 600 or more pills, tablets, |
15 | | caplets, capsules, or objects but less than
1,500 pills, |
16 | | tablets, caplets, capsules, or objects
containing in them |
17 | | or having upon them any amount of any substance listed in
|
18 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
19 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
20 | | 204, or an analog or derivative thereof;
|
21 | | (D) not less than 15 years and not more than 60 years |
22 | | with respect to:
(i) 900 grams or more of any substance |
23 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), |
24 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) |
25 | | of
Section 204, or an analog or derivative thereof, or |
26 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, or |
|
| | SB4221 | - 8 - | LRB102 28263 RLC 40134 b |
|
|
1 | | objects containing in them or having upon them
any amount
|
2 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), |
3 | | (3), (14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
4 | | subsection (d) of Section 204, or an analog or derivative |
5 | | thereof;
|
6 | | (8) 30 grams or more of any substance containing |
7 | | pentazocine or any of
the salts, isomers and salts of |
8 | | isomers of pentazocine, or an analog thereof;
|
9 | | (9) 30 grams or more of any substance containing |
10 | | methaqualone or any of
the salts, isomers and salts of |
11 | | isomers of methaqualone, or an analog thereof;
|
12 | | (10) 30 grams or more of any substance containing |
13 | | phencyclidine or any
of the salts, isomers and salts of |
14 | | isomers of phencyclidine (PCP),
or an analog thereof;
|
15 | | (10.5) 30 grams or more of any substance containing |
16 | | ketamine
or any of the salts, isomers and salts of isomers |
17 | | of ketamine,
or an analog thereof;
|
18 | | (10.6) 100 grams or more of any substance containing |
19 | | hydrocodone, or any of the salts, isomers and salts of |
20 | | isomers of hydrocodone, or an analog thereof; |
21 | | (10.7) (blank); |
22 | | (10.8) 100 grams or more of any substance containing |
23 | | dihydrocodeine, or any of the salts, isomers and salts of |
24 | | isomers of dihydrocodeine, or an analog thereof; |
25 | | (10.9) 100 grams or more of any substance containing |
26 | | oxycodone, or any of the salts, isomers and salts of |
|
| | SB4221 | - 9 - | LRB102 28263 RLC 40134 b |
|
|
1 | | isomers of oxycodone, or an analog thereof; |
2 | | (11) 200 grams or more of any substance containing any |
3 | | other controlled
substance classified in Schedules I or |
4 | | II, or an analog thereof, which is
not otherwise included |
5 | | in this subsection.
|
6 | | (b) Any person sentenced with respect to violations of |
7 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
8 | | involving
100 grams or
more of the
controlled substance named |
9 | | therein, may in addition to the penalties
provided therein, be |
10 | | fined an amount not more than $500,000 or the full
street value |
11 | | of the controlled or counterfeit substance or controlled |
12 | | substance
analog, whichever is greater. The term "street |
13 | | value" shall have the
meaning ascribed in Section 110-5 of the |
14 | | Code of Criminal Procedure of
1963. Any person sentenced with |
15 | | respect to any other provision of
subsection (a), may in |
16 | | addition to the penalties provided therein, be fined
an amount |
17 | | not to exceed $500,000. |
18 | | (b-1) Excluding violations of this Act when the controlled |
19 | | substance is fentanyl, any person sentenced to a term of |
20 | | imprisonment with respect to violations of Section 401, 401.1, |
21 | | 405, 405.1, 405.2, or 407, when the substance containing the |
22 | | controlled substance contains any amount of fentanyl, 3 years |
23 | | shall be added to the term of imprisonment imposed by the |
24 | | court, and the maximum sentence for the offense shall be |
25 | | increased by 3 years.
|
26 | | (c) Any person who violates this Section with regard to |
|
| | SB4221 | - 10 - | LRB102 28263 RLC 40134 b |
|
|
1 | | the
following amounts of controlled or counterfeit substances
|
2 | | or controlled substance analogs, notwithstanding any of the |
3 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
4 | | to the
contrary, is guilty of a Class 1 felony. The fine for |
5 | | violation of this
subsection (c) shall not be more than |
6 | | $250,000:
|
7 | | (1) 1 gram or more but less than 15 grams of any
|
8 | | substance containing heroin, or an analog thereof;
|
9 | | (1.5) 1 gram or more but less than 15 grams of any |
10 | | substance containing fentanyl, or an analog thereof; |
11 | | (2) 1 gram or more but less than 15
grams of any |
12 | | substance containing cocaine, or an analog thereof;
|
13 | | (3) 10 grams or more but less than 15 grams of any |
14 | | substance
containing morphine, or an analog thereof;
|
15 | | (4) 50 grams or more but less than 200 grams of any |
16 | | substance
containing peyote, or an analog thereof;
|
17 | | (5) 50 grams or more but less than 200 grams of any |
18 | | substance
containing a derivative of barbituric acid or |
19 | | any of the salts of a
derivative of barbituric acid, or an |
20 | | analog thereof;
|
21 | | (6) 50 grams or more but less than 200 grams of any |
22 | | substance
containing amphetamine or any salt of an optical |
23 | | isomer
of amphetamine, or an analog thereof;
|
24 | | (6.5) (blank);
|
25 | | (7)(i) 5 grams or more but less than 15 grams of any |
26 | | substance
containing lysergic acid diethylamide (LSD), or |
|
| | SB4221 | - 11 - | LRB102 28263 RLC 40134 b |
|
|
1 | | an analog thereof,
or (ii)
more than 10 objects or more |
2 | | than 10 segregated parts of an object or objects
but less |
3 | | than 15 objects or less than 15 segregated parts of an |
4 | | object
containing in them or having upon them any amount |
5 | | of any substance
containing lysergic acid diethylamide |
6 | | (LSD), or an analog thereof;
|
7 | | (7.5)(i) 5 grams or more but less than 15 grams of any |
8 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
9 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
10 | | subsection (d) of Section 204, or an analog or derivative |
11 | | thereof, or
(ii) more than 10 pills, tablets, caplets, |
12 | | capsules, or objects but less than
15 pills, tablets, |
13 | | caplets, capsules, or objects containing in them or having
|
14 | | upon them any amount of any substance listed in paragraph |
15 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
16 | | (21), (25), or (26) of subsection (d) of
Section 204, or an |
17 | | analog or derivative thereof;
|
18 | | (8) 10 grams or more but less than 30 grams of any |
19 | | substance
containing pentazocine or any of the salts, |
20 | | isomers and salts of isomers of
pentazocine, or an analog |
21 | | thereof;
|
22 | | (9) 10 grams or more but less than 30 grams of any |
23 | | substance
containing methaqualone or any of the salts, |
24 | | isomers and salts of isomers
of methaqualone, or an analog |
25 | | thereof;
|
26 | | (10) 10 grams or more but less than 30 grams of any |
|
| | SB4221 | - 12 - | LRB102 28263 RLC 40134 b |
|
|
1 | | substance
containing phencyclidine or any of the salts, |
2 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
3 | | analog thereof;
|
4 | | (10.5) 10 grams or more but less than 30 grams of any |
5 | | substance
containing ketamine or any of the salts, isomers |
6 | | and salts of
isomers of ketamine, or an analog thereof;
|
7 | | (10.6) 50 grams or more but less than 100 grams of any |
8 | | substance containing hydrocodone, or any of the salts, |
9 | | isomers and salts of isomers of hydrocodone, or an analog |
10 | | thereof; |
11 | | (10.7) (blank); |
12 | | (10.8) 50 grams or more but less than 100 grams of any |
13 | | substance containing dihydrocodeine, or any of the salts, |
14 | | isomers and salts of isomers of dihydrocodeine, or an |
15 | | analog thereof; |
16 | | (10.9) 50 grams or more but less than 100 grams of any |
17 | | substance containing oxycodone, or any of the salts, |
18 | | isomers and salts of isomers of oxycodone, or an analog |
19 | | thereof; |
20 | | (11) 50 grams or more but less than 200 grams of any |
21 | | substance
containing a substance classified in Schedules I |
22 | | or II, or an analog
thereof, which is not otherwise |
23 | | included in this subsection.
|
24 | | (c-5) (Blank).
|
25 | | (d) Any person who violates this Section with regard to |
26 | | any other
amount of a controlled or counterfeit substance |
|
| | SB4221 | - 13 - | LRB102 28263 RLC 40134 b |
|
|
1 | | containing dihydrocodeine or classified in
Schedules I or II, |
2 | | or an analog thereof, which is (i) a narcotic
drug, (ii) |
3 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) |
4 | | any
substance containing amphetamine or fentanyl or any salt |
5 | | or optical
isomer of amphetamine or fentanyl, or an analog |
6 | | thereof, or (iv) any
substance containing N-Benzylpiperazine |
7 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine |
8 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The |
9 | | fine for violation of this subsection (d) shall
not be more |
10 | | than $200,000.
|
11 | | (d-1) In addition to any other penalties provided by law, |
12 | | a person knowingly and unlawfully selling or dispensing any |
13 | | scheduled drug containing a detectable amount of fentanyl is |
14 | | guilty of a Class X felony and shall be sentenced to a term of |
15 | | imprisonment of not less than 9 years and not more than 40 |
16 | | years or fined not more than $250,000, or both. |
17 | | (d-5) (Blank).
|
18 | | (e) Any person who violates this Section with regard to |
19 | | any other
amount of a controlled substance other than |
20 | | methamphetamine or counterfeit substance classified in
|
21 | | Schedule I or II, or an analog thereof, which substance is not
|
22 | | included under subsection (d) of this Section, is
guilty of a |
23 | | Class 3 felony. The fine for violation of this subsection (e)
|
24 | | shall not be more than $150,000.
|
25 | | (f) Any person who violates this Section with regard to |
26 | | any other
amount of a controlled or counterfeit substance |
|
| | SB4221 | - 14 - | LRB102 28263 RLC 40134 b |
|
|
1 | | classified in
Schedule III is guilty of a Class 3 felony. The |
2 | | fine for violation of
this subsection (f) shall not be more |
3 | | than $125,000.
|
4 | | (g) Any person who violates this Section with regard to |
5 | | any other
amount of a controlled or counterfeit substance |
6 | | classified
in Schedule IV is guilty of a Class 3 felony. The |
7 | | fine for violation of
this subsection (g) shall not be more |
8 | | than $100,000.
|
9 | | (h) Any person who violates this Section with regard to |
10 | | any other
amount of a controlled or counterfeit substance |
11 | | classified in
Schedule V is guilty of a Class 3 felony. The |
12 | | fine for violation of this
subsection (h) shall not be more |
13 | | than $75,000.
|
14 | | (i) This Section does not apply to the manufacture, |
15 | | possession or
distribution of a substance in conformance with |
16 | | the provisions of an approved
new drug application or an |
17 | | exemption for investigational use within the
meaning of |
18 | | Section 505 of the Federal Food, Drug and Cosmetic Act.
|
19 | | (j) (Blank).
|
20 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; |
21 | | 100-368, eff. 1-1-18 .)
|
22 | | (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
|
23 | | Sec. 401.1. Controlled Substance Trafficking.
|
24 | | (a) Except for
purposes as authorized by this Act, any |
25 | | person who knowingly brings or
causes to be brought into this |
|
| | SB4221 | - 15 - | LRB102 28263 RLC 40134 b |
|
|
1 | | State for the purpose of manufacture or
delivery or with the |
2 | | intent to manufacture or deliver a controlled substance other |
3 | | than methamphetamine or
counterfeit substance in this or any |
4 | | other state or country is guilty
of controlled substance |
5 | | trafficking.
|
6 | | (b) A person convicted of controlled substance trafficking |
7 | | shall be
sentenced to a term of imprisonment not less than |
8 | | twice the minimum term
and fined an amount as authorized by |
9 | | Section 401 of this Act, based upon
the amount of controlled or |
10 | | counterfeit substance brought or caused to be
brought into |
11 | | this State, and not more than twice the maximum term of
|
12 | | imprisonment and fined twice the amount as authorized by |
13 | | Section 401 of
this Act, based upon the amount of controlled or |
14 | | counterfeit substance
brought or caused to be brought into |
15 | | this State.
|
16 | | (c) It shall be a Class 2 felony for which a fine not to |
17 | | exceed
$100,000 may be imposed for any person to knowingly use |
18 | | a cellular radio
telecommunication device in the furtherance |
19 | | of controlled substance
trafficking. This penalty shall be in |
20 | | addition to any other penalties
imposed by law.
|
21 | | (d) It shall be a Class 1 felony for which a fine not to |
22 | | exceed $100,000 may be imposed for any person to knowingly use |
23 | | an electronic communication device in the furtherance of |
24 | | controlled substance trafficking involving a substance |
25 | | containing any amount of fentanyl. This penalty shall be in |
26 | | addition to any other penalties imposed by law. For purposes |