093_SB1793sam001

 










                                     LRB093 10498 RLC 12058 a

 1                    AMENDMENT TO SENATE BILL 1793

 2        AMENDMENT NO.     .  Amend Senate Bill 1793 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Controlled Substances Act is
 5    amended by changing Section 407 as follows:

 6        (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
 7        Sec. 407.  (a) (1)(A) Any person 18 years of age or  over
 8    who  violates any subsection of Section 401 or subsection (b)
 9    of Section 404 by delivering  a  controlled,  counterfeit  or
10    look-alike substance to a person under 18 years of age may be
11    sentenced  to imprisonment for a term up to twice the maximum
12    term and fined an amount up to twice  that  amount  otherwise
13    authorized  by  the  pertinent  subsection of Section 401 and
14    Subsection (b) of Section 404.
15        (B)  Any person 18 years of  age  or  over  who  violates
16    subdivision   (a)(6.5),   subdivision  (a)(6.6),  subdivision
17    (c)(6.5), subsection (c-5),  subsection  (d),  or  subsection
18    (d-5)   of  Section  401  by  manufacturing  methamphetamine,
19    preparing  to   manufacture   methamphetamine,   or   storing
20    methamphetamine,      methamphetamine     ingredients,     or
21    methamphetamine waste in any vehicle or real property where a
22    child under 18 years  of  age  resides,  is  present,  or  is
 
                            -2-      LRB093 10498 RLC 12058 a
 1    otherwise  endangered  by  exposure  to  the methamphetamine,
 2    methamphetamine  ingredients,   methamphetamine   waste,   or
 3    methamphetamine  manufacturing  process  may  be sentenced to
 4    imprisonment for a term up to  twice  the  maximum  term  and
 5    fined  an amount up to twice that amount otherwise authorized
 6    by the pertinent subsection of Section 401 and subsection (b)
 7    of Section 404.
 8        (2)  Except  as  provided  in  paragraph  (3)   of   this
 9    subsection, any person who violates:
10             (A)  subsection  (c) of Section 401 by delivering or
11        possessing  with  intent   to   deliver   a   controlled,
12        counterfeit,  or look-alike substance in or on, or within
13        1,000 feet of, a truck  stop  or  safety  rest  area,  is
14        guilty  of a Class 1 felony, the fine for which shall not
15        exceed $250,000;
16             (B)  subsection (d) of Section 401 by delivering  or
17        possessing   with   intent   to   deliver  a  controlled,
18        counterfeit, or look-alike substance in or on, or  within
19        1,000  feet  of,  a  truck  stop  or safety rest area, is
20        guilty of a Class 2 felony, the fine for which shall  not
21        exceed $200,000;
22             (C)  subsection (e) of Section 401 or subsection (b)
23        of Section 404 by delivering or possessing with intent to
24        deliver   a   controlled,   counterfeit,   or  look-alike
25        substance in or on, or within 1,000 feet of, a truck stop
26        or safety rest area, is guilty of a Class 3  felony,  the
27        fine for which shall not exceed $150,000;
28             (D)  subsection  (f) of Section 401 by delivering or
29        possessing  with  intent   to   deliver   a   controlled,
30        counterfeit,  or look-alike substance in or on, or within
31        1,000 feet of, a truck  stop  or  safety  rest  area,  is
32        guilty  of a Class 3 felony, the fine for which shall not
33        exceed $125,000;
34             (E)  subsection (g) of Section 401 by delivering  or
 
                            -3-      LRB093 10498 RLC 12058 a
 1        possessing   with   intent   to   deliver  a  controlled,
 2        counterfeit, or look-alike substance in or on, or  within
 3        1,000  feet  of,  a  truck  stop  or safety rest area, is
 4        guilty of a Class 3 felony, the fine for which shall  not
 5        exceed $100,000;
 6             (F)  subsection  (h) of Section 401 by delivering or
 7        possessing  with  intent   to   deliver   a   controlled,
 8        counterfeit,  or look-alike substance in or on, or within
 9        1,000 feet of, a truck  stop  or  safety  rest  area,  is
10        guilty  of a Class 3 felony, the fine for which shall not
11        exceed $75,000;
12        (3)  Any  person  who  violates  paragraph  (2)  of  this
13    subsection (a) by delivering or  possessing  with  intent  to
14    deliver a controlled, counterfeit, or look-alike substance in
15    or  on, or within 1,000 feet of a truck stop or a safety rest
16    area,  following  a  prior  conviction  or   convictions   of
17    paragraph  (2)  of  this subsection (a) may be sentenced to a
18    term of imprisonment up to 2 times the maximum term and fined
19    an amount up to 2 times the amount  otherwise  authorized  by
20    Section 401.
21        (4)  For the purposes of this subsection (a):
22             (A)  "Safety  rest  area"  means a roadside facility
23        removed from the  roadway  with  parking  and  facilities
24        designed  for  motorists'  rest, comfort, and information
25        needs; and
26             (B)  "Truck  stop"  means  any  facility  (and   its
27        parking  areas) used to provide fuel or service, or both,
28        to any commercial motor vehicle  as  defined  in  Section
29        18b-101 of the Illinois Vehicle Code.
30        (b)  Any person who violates:
31             (1)  subsection (c) of Section 401 in any school, or
32        any conveyance owned, leased or contracted by a school to
33        transport  students to or from school or a school related
34        activity, or  residential  property  owned,  operated  or
 
                            -4-      LRB093 10498 RLC 12058 a
 1        managed  by a public housing agency or leased by a public
 2        housing  agency  as  part  of   a   scattered   site   or
 3        mixed-income  development,  or  public  park, on the real
 4        property comprising any school  or  residential  property
 5        owned,  operated or managed by a public housing agency or
 6        leased by a public housing agency as part of a  scattered
 7        site  or  mixed-income  development,  or  public  park or
 8        within 1,000 feet of the  real  property  comprising  any
 9        school or residential property owned, operated or managed
10        by  a public housing agency or leased by a public housing
11        agency as  part  of  a  scattered  site  or  mixed-income
12        development,   or  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 1,000 feet of the real property comprising any
16        church, synagogue, or other building, structure, or place
17        used  primarily  for  religious  worship,  on  the   real
18        property   comprising   any   of  the  following  places,
19        buildings, or structures used primarily  for  housing  or
20        providing  space  for  activities  for  senior  citizens:
21        nursing  homes,  assisted-living  centers, senior citizen
22        housing complexes,  or  senior  centers  oriented  toward
23        daytime  activities,  or  within  1,000  feet of the real
24        property  comprising  any  of   the   following   places,
25        buildings,  or  structures  used primarily for housing or
26        providing  space  for  activities  for  senior  citizens:
27        nursing homes, assisted-living  centers,  senior  citizen
28        housing  complexes,  or  senior  centers  oriented toward
29        daytime activities is guilty of a  Class  X  felony,  the
30        fine for which shall not exceed $500,000;
31             (2)  subsection (d) of Section 401 in any school, or
32        any conveyance owned, leased or contracted by a school to
33        transport  students to or from school or a school related
34        activity, or  residential  property  owned,  operated  or
 
                            -5-      LRB093 10498 RLC 12058 a
 1        managed  by a public housing agency or leased by a public
 2        housing  agency  as  part  of   a   scattered   site   or
 3        mixed-income  development,  or  public  park, on the real
 4        property comprising any school  or  residential  property
 5        owned,  operated or managed by a public housing agency or
 6        leased by a public housing agency as part of a  scattered
 7        site  or  mixed-income  development,  or  public  park or
 8        within 1,000 feet of the  real  property  comprising  any
 9        school or residential property owned, operated or managed
10        by  a public housing agency or leased by a public housing
11        agency as  part  of  a  scattered  site  or  mixed-income
12        development,   or  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 1,000 feet of the real property comprising any
16        church, synagogue, or other building, structure, or place
17        used  primarily  for  religious  worship,  on  the   real
18        property   comprising   any   of  the  following  places,
19        buildings, or structures used primarily  for  housing  or
20        providing  space  for  activities  for  senior  citizens:
21        nursing  homes,  assisted-living  centers, senior citizen
22        housing complexes,  or  senior  centers  oriented  toward
23        daytime  activities,  or  within  1,000  feet of the real
24        property  comprising  any  of   the   following   places,
25        buildings,  or  structures  used primarily for housing or
26        providing  space  for  activities  for  senior  citizens:
27        nursing homes, assisted-living  centers,  senior  citizen
28        housing  complexes,  or  senior  centers  oriented toward
29        daytime activities is guilty of a  Class  1  felony,  the
30        fine for which shall not exceed $250,000;
31             (3)  subsection (e) of Section 401 or Subsection (b)
32        of  Section  404  in any school, or any conveyance owned,
33        leased or contracted by a school to transport students to
34        or  from  school  or  a  school  related   activity,   or
 
                            -6-      LRB093 10498 RLC 12058 a
 1        residential  property  owned,  operated  or  managed by a
 2        public housing agency  or  leased  by  a  public  housing
 3        agency  as  part  of  a  scattered  site  or mixed-income
 4        development,  or  public  park,  on  the  real   property
 5        comprising  any  school  or  residential  property owned,
 6        operated or managed by a public housing agency or  leased
 7        by a public housing agency as part of a scattered site or
 8        mixed-income  development, or public park or within 1,000
 9        feet of  the  real  property  comprising  any  school  or
10        residential  property  owned,  operated  or  managed by a
11        public housing agency  or  leased  by  a  public  housing
12        agency  as  part  of  a  scattered  site  or mixed-income
13        development,  or  public  park,  on  the  real   property
14        comprising  any  church,  synagogue,  or  other building,
15        structure, or place used primarily for religious worship,
16        or within 1,000 feet of the real property comprising  any
17        church, synagogue, or other building, structure, or place
18        used   primarily  for  religious  worship,  on  the  real
19        property  comprising  any  of   the   following   places,
20        buildings,  or  structures  used primarily for housing or
21        providing  space  for  activities  for  senior  citizens:
22        nursing homes, assisted-living  centers,  senior  citizen
23        housing  complexes,  or  senior  centers  oriented toward
24        daytime activities, or within  1,000  feet  of  the  real
25        property   comprising   any   of  the  following  places,
26        buildings, or structures used primarily  for  housing  or
27        providing  space  for  activities  for  senior  citizens:
28        nursing  homes,  assisted-living  centers, senior citizen
29        housing complexes,  or  senior  centers  oriented  toward
30        daytime  activities  is  guilty  of a Class 2 felony, the
31        fine for which shall not exceed $200,000;
32             (4)  subsection (f) of Section 401 in any school, or
33        any conveyance owned, leased or contracted by a school to
34        transport students to or from school or a school  related
 
                            -7-      LRB093 10498 RLC 12058 a
 1        activity,  or  residential  property  owned,  operated or
 2        managed by a public housing agency or leased by a  public
 3        housing   agency   as   part   of  a  scattered  site  or
 4        mixed-income development, or public  park,  on  the  real
 5        property  comprising  any  school or residential property
 6        owned, operated or managed by a public housing agency  or
 7        leased  by a public housing agency as part of a scattered
 8        site or  mixed-income  development,  or  public  park  or
 9        within  1,000  feet  of  the real property comprising any
10        school or residential property owned, operated or managed
11        by a public housing agency or leased by a public  housing
12        agency  as  part  of  a  scattered  site  or mixed-income
13        development,  or  public  park,  on  the  real   property
14        comprising  any  church,  synagogue,  or  other building,
15        structure, or place used primarily for religious worship,
16        or within 1,000 feet of the real property comprising  any
17        church, synagogue, or other building, structure, or place
18        used   primarily  for  religious  worship,  on  the  real
19        property  comprising  any  of   the   following   places,
20        buildings,  or  structures  used primarily for housing or
21        providing  space  for  activities  for  senior  citizens:
22        nursing homes, assisted-living  centers,  senior  citizen
23        housing  complexes,  or  senior  centers  oriented toward
24        daytime activities, or within  1,000  feet  of  the  real
25        property   comprising   any   of  the  following  places,
26        buildings, or structures used primarily  for  housing  or
27        providing  space  for  activities  for  senior  citizens:
28        nursing  homes,  assisted-living  centers, senior citizen
29        housing complexes,  or  senior  centers  oriented  toward
30        daytime  activities  is  guilty  of a Class 2 felony, the
31        fine for which shall not exceed $150,000;
32             (5)  subsection (g) of Section 401 in any school, or
33        any conveyance owned, leased or contracted by a school to
34        transport students to or from school or a school  related
 
                            -8-      LRB093 10498 RLC 12058 a
 1        activity,  or  residential  property  owned,  operated or
 2        managed by a public housing agency or leased by a  public
 3        housing   agency   as   part   of  a  scattered  site  or
 4        mixed-income development, or public  park,  on  the  real
 5        property  comprising  any  school or residential property
 6        owned, operated or  managed by a public housing agency or
 7        leased by a public housing agency as part of a  scattered
 8        site  or  mixed-income  development,  or  public  park or
 9        within 1,000 feet of the  real  property  comprising  any
10        school or residential property owned, operated or managed
11        by  a public housing agency or leased by a public housing
12        agency as  part  of  a  scattered  site  or  mixed-income
13        development,   or  public  park,  on  the  real  property
14        comprising any  church,  synagogue,  or  other  building,
15        structure, or place used primarily for religious worship,
16        or  within 1,000 feet of the real property comprising any
17        church, synagogue, or other building, structure, or place
18        used  primarily  for  religious  worship,  on  the   real
19        property   comprising   any   of  the  following  places,
20        buildings, or structures used primarily  for  housing  or
21        providing  space  for  activities  for  senior  citizens:
22        nursing  homes,  assisted-living  centers, senior citizen
23        housing complexes,  or  senior  centers  oriented  toward
24        daytime  activities,  or  within  1,000  feet of the real
25        property  comprising  any  of   the   following   places,
26        buildings,  or  structures  used primarily for housing or
27        providing  space  for  activities  for  senior  citizens:
28        nursing homes, assisted-living  centers,  senior  citizen
29        housing  complexes,  or  senior  centers  oriented toward
30        daytime activities is guilty of a  Class  2  felony,  the
31        fine for which shall not exceed $125,000;
32             (6)  subsection (h) of Section 401 in any school, or
33        any conveyance owned, leased or contracted by a school to
34        transport  students to or from school or a school related
 
                            -9-      LRB093 10498 RLC 12058 a
 1        activity, or  residential  property  owned,  operated  or
 2        managed  by a public housing agency or leased by a public
 3        housing  agency  as  part  of   a   scattered   site   or
 4        mixed-income  development,  or  public  park, on the real
 5        property comprising any school  or  residential  property
 6        owned,  operated or managed by a public housing agency or
 7        leased by a public housing agency as part of a  scattered
 8        site  or  mixed-income  development,  or  public  park or
 9        within 1,000 feet of the  real  property  comprising  any
10        school or residential property owned, operated or managed
11        by  a public housing agency or leased by a public housing
12        agency as  part  of  a  scattered  site  or  mixed-income
13        development,   or  public  park,  on  the  real  property
14        comprising any  church,  synagogue,  or  other  building,
15        structure, or place used primarily for religious worship,
16        or  within 1,000 feet of the real property comprising any
17        church, synagogue, or other building, structure, or place
18        used  primarily  for  religious  worship,  on  the   real
19        property   comprising   any   of  the  following  places,
20        buildings, or structures used primarily  for  housing  or
21        providing  space  for  activities  for  senior  citizens:
22        nursing  homes,  assisted-living  centers, senior citizen
23        housing complexes,  or  senior  centers  oriented  toward
24        daytime  activities,  or  within  1,000  feet of the real
25        property  comprising  any  of   the   following   places,
26        buildings,  or  structures  used primarily for housing or
27        providing  space  for  activities  for  senior  citizens:
28        nursing homes, assisted-living  centers,  senior  citizen
29        housing  complexes,  or  senior  centers  oriented toward
30        daytime activities is guilty of a Class  2  felony,   the
31        fine  for which  shall not exceed $100,000.
32        (c)  Regarding penalties prescribed in subsection (b) for
33    violations  committed  in a school or on or within 1,000 feet
34    of school property, the time of day, time of year and whether
 
                            -10-     LRB093 10498 RLC 12058 a
 1    classes were currently in session at the time of the  offense
 2    is irrelevant.
 3    (Source: P.A.  91-353,  eff.  1-1-00;  91-673, eff. 12-22-99;
 4    92-16, eff. 6-28-01.)".