Rep. Daniel V. Beiser

Filed: 3/24/2014

 

 


 

 


 
09800HB4093ham002LRB098 15651 RLC 57537 a

1
AMENDMENT TO HOUSE BILL 4093

2    AMENDMENT NO. ______. Amend House Bill 4093 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Methamphetamine Control and Community
5Protection Act is amended by changing Section 15 as follows:
 
6    (720 ILCS 646/15)
7    Sec. 15. Participation in methamphetamine manufacturing.
8    (a) Participation in methamphetamine manufacturing.
9        (1) It is unlawful to knowingly participate in the
10    manufacture of methamphetamine with the intent that
11    methamphetamine or a substance containing methamphetamine
12    be produced.
13        (2) A person who violates paragraph (1) of this
14    subsection (a) is subject to the following penalties:
15            (A) A person who participates in the manufacture of
16        less than 15 grams of methamphetamine or a substance

 

 

09800HB4093ham002- 2 -LRB098 15651 RLC 57537 a

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.

 

 

09800HB4093ham002- 3 -LRB098 15651 RLC 57537 a

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

 

 

09800HB4093ham002- 4 -LRB098 15651 RLC 57537 a

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 1,000 feet of a place of worship or parsonage,
21        or within 1,000 feet of the real property comprising
22        any school.
23        (2) A person who violates paragraph (1) of this
24    subsection (b) is subject to the following penalties:
25            (A) A person who participates in the manufacture of
26        less than 15 grams of methamphetamine or a substance

 

 

09800HB4093ham002- 5 -LRB098 15651 RLC 57537 a

1        containing methamphetamine is guilty of a Class X
2        felony, subject to a term of imprisonment of not less
3        than 6 years and not more than 30 years, and subject to
4        a fine not to exceed $100,000 or the street value of
5        the methamphetamine, whichever is greater.
6            (B) A person who participates in the manufacture of
7        15 or more grams but less than 100 grams of
8        methamphetamine or a substance containing
9        methamphetamine is guilty of a Class X felony, subject
10        to a term of imprisonment of not less than 9 years and
11        not more than 40 years, and subject to a fine not to
12        exceed $200,000 or the street value of the
13        methamphetamine, whichever is greater.
14            (C) A person who participates in the manufacture of
15        100 or more grams but less than 400 grams of
16        methamphetamine or a substance containing
17        methamphetamine is guilty of a Class X felony, subject
18        to a term of imprisonment of not less than 12 years and
19        not more than 50 years, and subject to a fine not to
20        exceed $300,000 or the street value of the
21        methamphetamine, whichever is greater.
22            (D) A person who participates in the manufacture of
23        400 grams or more of methamphetamine or a substance
24        containing methamphetamine is guilty of a Class X
25        felony, subject to a term of imprisonment of not less
26        than 15 years and not more than 60 years, and subject

 

 

09800HB4093ham002- 6 -LRB098 15651 RLC 57537 a

1        to a fine not to exceed $400,000 or the street value of
2        the methamphetamine, whichever is greater.
3(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
495-571, eff. 6-1-08.)".